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Double dissolution



 
 
A double dissolution is a procedure permitted under the Australian Constitution
Constitution of Australia

The Constitution of Australia is the law under which the Australian Government of Australia operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia....
 to resolve deadlocks between the House of Representatives
Australian House of Representatives

The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house, the upper house being the Australian Senate....
 and the Senate
Australian Senate

The Senate is the upper house of the two houses of the Parliament of Australia. The lower house is known as the Australian House of Representatives....
.

The two houses generally have equal legislative powers, the only exception being that appropriation (money) bills must originate in the House of Representatives. This means that governments, which are formed in the House of Representatives, can be seriously frustrated by Senate majorities determined to reject their legislation.

In these circumstances, Section 57 of the Constitution allows the Governor-General
Governor-General of Australia

The Governor-General of the Commonwealth of Australia is the representative in Australia of the Monarchy of Australia . He or she exercises the supreme executive power of the Commonwealth....
 to dissolve the House of Representatives and the entire Senate and issue writs for an election in which every seat in the Parliament is contested.






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A double dissolution is a procedure permitted under the Australian Constitution
Constitution of Australia

The Constitution of Australia is the law under which the Australian Government of Australia operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia....
 to resolve deadlocks between the House of Representatives
Australian House of Representatives

The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house, the upper house being the Australian Senate....
 and the Senate
Australian Senate

The Senate is the upper house of the two houses of the Parliament of Australia. The lower house is known as the Australian House of Representatives....
.

The two houses generally have equal legislative powers, the only exception being that appropriation (money) bills must originate in the House of Representatives. This means that governments, which are formed in the House of Representatives, can be seriously frustrated by Senate majorities determined to reject their legislation.

In these circumstances, Section 57 of the Constitution allows the Governor-General
Governor-General of Australia

The Governor-General of the Commonwealth of Australia is the representative in Australia of the Monarchy of Australia . He or she exercises the supreme executive power of the Commonwealth....
 to dissolve the House of Representatives and the entire Senate and issue writs for an election in which every seat in the Parliament is contested. This is the only occasion on which the entire Senate is dissolved. Convention dictates that the Governor-General act only on the advice of the Prime Minister
Prime Minister of Australia

The Prime Minister of Australia is the head of government of the Australia, holding office on commission from the Governor-General of Australia....
.

Section 57 provides:

If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Governor-General may dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.


Section 57 also provides that, following the election, if the Senate again rejects the bill or bills that were the subject of the double dissolution, the Governor-General may convene a joint sitting of the two houses to consider the bill or bills, including any amendments which have been previously proposed in either house, or any new amendments. If a bill is passed by an absolute majority
Absolute majority

An absolute majority or majority of the entire membership is a voting basis which usually requires that more than half of all the members of a group must vote in favour of a proposition in order for it to be passed....
 of the total membership of the joint sitting, it is treated as though it had been passed separately by both houses, and is presented for Royal Assent.

There were double dissolutions in 1914
Australian federal election, 1914

Federal elections were held in Australia on 5 September 1914. All 75 seats in the Australian House of Representatives, and all 36 seats in the Australian Senate were up for election in a double dissolution....
, 1951
Australian federal election, 1951

Federal elections were held in Australia on 28 April 1951. All 121 seats in the Australian House of Representatives, and all 60 seats in the Australian Senate were up for election, due to a double dissolution by Menzies in attempts to ban the Communist Party of Australia....
, 1974
Australian federal election, 1974

Federal elections were held in Australia on 18 May 1974. All 127 seats in the Australian House of Representatives, and all 60 seats in the Australian Senate were up for election, due to a double dissolution....
, 1975
Australian federal election, 1975

Federal elections were held in Australia on 13 December 1975. All 127 seats in the Australian House of Representatives, and all 64 seats in the Australian Senate were up for election following a double dissolution of both Houses....
, 1983
Australian federal election, 1983

Federal elections were held in Australia on 5 March 1983. All 125 seats in the Australian House of Representatives, and all 64 seats in the Australian Senate, were up for election, in a double dissolution....
 and 1987. However, the 1974 Joint Sitting is so far the only one held pursuant to Section 57 .

The following table is a summary of the relevant details:

Date of double dissolution Date of election Governor-General Prime Minister Leader of the Opposition Outcome
30 July 1914 5 September 1914 Sir Ronald Munro-Ferguson
Ronald Munro-Ferguson, 1st Viscount Novar

Ronald Craufurd Munro Ferguson, 1st Viscount Novar Order of the Thistle Order of St Michael and St George Privy Council of the United Kingdom , sixth Governor-General of Australia, was probably the most politically influential holder of this post....
 
Joseph Cook
Joseph Cook

Sir Joseph Cook, Order of St Michael and St George was an Australian politician and sixth Prime Minister of Australia....
 
Andrew Fisher
Andrew Fisher

Andrew Fisher was an Australian politician who served as Prime Minister of Australia on three separate occasions. Fisher's 1910-13 ministry completed a vast legislative programme which made him, along with Protectionist Party Alfred Deakin, the founder of the statutory structure of the new nation....
 
The Cook Commonwealth Liberal Party
Commonwealth Liberal Party

The Commonwealth Liberal Party was a political movement active in Australia from 1909 to 1911, shortly after federation.In 1909 Alfred Deakin, the leader of the Protectionist Party merged with the Anti-Socialist Party of Joseph Cook to form the CLP on a shared platform of opposing the Australian Labor Party....
 government was defeated by Andrew Fisher's Australian Labor Party
Australian Labor Party

The Australian Labor Party is an List of political parties in Australia.Known as the Australian Labor Party#Etymology for short, the party is the current governing party of Australia, since the Australian federal election, 2007....
.
19 March 1951 28 April 1951 Sir William McKell
William McKell

Sir William John McKell Order of St Michael and St George Venerable Order of St John , Australian politician, was Premiers of New South Wales from 1941 to 1947, and was the twelfth Governor-General of Australia....
 
Robert Menzies
Robert Menzies

Sir Robert Gordon Menzies, Order of the Thistle, Order of Australia, Order of the Companions of Honour, Queen's Counsel , Australian politician, was the twelfth Prime Minister of Australia....
 
Ben Chifley
Ben Chifley

Joseph Benedict Chifley , Australian politician and 16th Prime Minister of Australia, was one of Australia's most influential Prime Ministers. Among his government's accomplishments were the post-war immigration scheme under Arthur Calwell, the establishment of Australian citizenship in 1949, the Snowy Mountains Scheme, the national airline T...
 
The Menzies Liberal
Liberal Party of Australia

The Liberal Party of Australia is an List of political parties in Australia.Founded a year after the Australian federal election, 1943 to replace the United Australia Party, the centre-right Liberal Party competes with the centre-left Australian Labor Party for political office....
-Country Party
National Party of Australia

The National Party of Australia is an List of political parties in Australia.Traditionally representing rural voters, it was originally called the Country Party, but adopted the name National Country Party in 1975 and changed to its present name in 1982....
 coalition government was opposed by Chifley's Labor Party, but was returned with a majority in both houses.
11 April 1974 18 May 1974 Sir Paul Hasluck
Paul Hasluck

Sir Paul Meernaa Caedwalla Hasluck Order of the Garter Order of St Michael and St George Royal Victorian Order Venerable Order of St John was an Australian historian, poet, public servant and politician, and 17th Governor-General of Australia....
 
Gough Whitlam
Gough Whitlam

'Edward Gough Whitlam', Order of Australia, Queens Counsel , known as 'Gough Whitlam' , is an Australian former politician and 21st Prime Minister of Australia....
 
Billy Snedden
Billy Snedden

Sir Billy Mackie Snedden Order of St Michael and St George Queen's Counsel was an Australian politician representing the Liberal Party of Australia....
 
The Whitlam Labor
Australian Labor Party

The Australian Labor Party is an List of political parties in Australia.Known as the Australian Labor Party#Etymology for short, the party is the current governing party of Australia, since the Australian federal election, 2007....
 government was returned, but still without a majority in the Senate. The bills were reintroduced and again rejected by the coalition-controlled Senate. Sir Paul Hasluck's term ended on 11 July and the new Governor-General Sir John Kerr approved Whitlam's request for a joint sitting. This was held on 6-7 August 1974, and it passed all the bills.
11 November 1975 13 December 1975 Sir John Kerr Malcolm Fraser
Malcolm Fraser

John Malcolm Fraser, Order of Australia, Order of the Companions of Honour is an Australian Liberal Party of Australia politician who was the 22nd Prime Minister of Australia....
 (caretaker)
Gough Whitlam Fraser, who, as Leader of the Liberal-Country coalition Opposition, had opposed the bills, had been appointed caretaker Prime Minister in extraordinary circumstances following Kerr's dismissal of the Whitlam government. The Fraser minority government immediately lost a no-confidence motion in the lower house; however, on Fraser's advice, Kerr dissolved the Parliament before the Speaker
Speaker of the Australian House of Representatives

The Speaker of the House of Representatives is the presiding officer of the House of Representatives, the lower house of the Parliament of Australia....
 Gordon Scholes
Gordon Scholes

Gordon Glen Denton Scholes Order of Australia is an Australian former politician.Scholes was born in Melbourne and was a councillor of the City of Geelong from 1965 to 1967....
 had an opportunity to advise Kerr to invite Whitlam to form a government again. Hence, Fraser remained the caretaker Prime Minister during the election campaign. On 13 December the Fraser government was elected in its own right.
3 February 1983 5 March 1983 Sir Ninian Stephen
Ninian Stephen

Sir Ninian Martin Stephen, Order of the Garter, Order of Australia, Order of St Michael and St George, Royal Victorian Order, Order of the British Empire, Queen's Counsel was the 20th Governor-General of Australia and a Justice in the High Court of Australia....
 
Malcolm Fraser Bob Hawke
Bob Hawke

Robert James Lee Hawke, Order of Australia was the 23rd Prime Minister of Australia and longest serving Australian Labor Party Prime Minister....
 
The Fraser coalition government was defeated by the Labor opposition led by Bob Hawke. When Fraser called the election, he expected he would be facing Bill Hayden
Bill Hayden

William George Hayden, Order of Australia was the 21st Governor-General of Australia. Prior to this, he represented the Australian Labor Party in parliament; he was a minister in the government of Gough Whitlam, and later became Leader of the Opposition, narrowly losing the Australian federal election, 1980 to the Malcolm Fraser-led Liberal...
 as the alternative prime minister. But unbeknown to Fraser, Labor had changed leadership from Hayden to Hawke earlier that same morning.
5 June 1987 11 July 1987 Sir Ninian Stephen Bob Hawke
Bob Hawke

Robert James Lee Hawke, Order of Australia was the 23rd Prime Minister of Australia and longest serving Australian Labor Party Prime Minister....
 
John Howard
John Howard

John Winston Howard, Order of Australia was the 25th Prime Minister of Australia from 11 March 1996 to 3 December 2007. He is the second-longest serving Australian Prime Minister after Robert Menzies....
 
The Hawke government was returned, but still without a Senate majority. The Australia Card
Australia Card

The Australia Card was a controversial proposal for a national identity document for Australian citizens and resident foreigners. The proposal was made in 1985, and abandoned in 1987....
 bill was reintroduced in September and a vote in the Senate was planned for 7 October. During that period, a retired former Deputy Secretary of the Attorney-General's Department, Ewart Smith (1920-1991), pointed out in letters to newspapers that the Australia Card bill was unworkable because the implementation date was not part of the legislation, and would have to be a matter of a separate regulation. Even if the bill had been passed - whether by the usual process or in a joint sitting - and given Royal Assent, the opposition parties could still have combined to disallow the regulation, thus preventing the act from ever being implemented. John Stone
John Stone (Australian politician)

John Owen Stone is a former Australia politician. He served as Secretary to the Department of the Treasury between between 1979 and 1984,and as a Senator for Queensland representing the National Party of Australia in the Australian Senate from 1987 to 1990....
, a former Secretary to the Treasury who had been elected in July as a National Party senator from Queensland, contacted Smith, confirmed the detail, and brought this information to the attention of his party. The coalition embarrassed the Hawke government by bringing the matter to light during Question Time on 23 September. After acknowledging that, even if passed, it was likely the bill could not be implemented, Hawke decided to abandon the Australia Card bill. Ewart Smith later wrote a book about the affair, from his perspective, titled The Australia Card: The Story of its Defeat (Melbourne, Sun Books 1989).