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Vacancy by absence136.

38. The place of a member shall become vacant if for two consecutive months of any session of the Parliament he, without the permission of the House, fails to attend the House.

HISTORICAL NOTE.—In the Commonwealth Bill of 1891 the clause was as follows:—

“The place of a member of the House of Representatives shall become vacant if for one whole session of the Parliament he, without the permission of the House of Representatives entered on its journals, fails to give his attendance in the House.”

At the Adelaide session, 1897, the clause was introduced in substantially the same words; but in Committee, on Mr. Barton's motion, the words “two consecutive months of any session” were substituted for “one whole session.” (Conv. Deb., Adel., p. 734.) At the Sydney session, a suggestion by the Legislature of Tasmania, to substitute “thirty consecutive sitting days in any session” was negatived. (Conv. Deb., Syd. [1897], pp. 460-1.) At the Melbourne session, after the fourth report, the words “entered on its journals” were omitted.

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