Voting in House of Representatives.
40. Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.
CANADA.—Questions arising in the House of Commons shall be decided by a majority of voices other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker shall have a vote.—B.N.A. Act, 1867, sec. 49.HISTORICAL NOTE.—In the Commonwealth Bill of 1891, and in the Adelaide draft of 1897, the clause was in substantially the same form. At the Sydney session, a suggestion by the Parliament of Victoria was submitted to add a proviso that “in case of a proposed amendment of the Constitution the Speaker may vote notwithstanding the votes are not equal, and in such cases he shall not have a casting vote.” It was contended that in the important case of a constitutional amendment, where an absolute majority was required, the Speaker ought not to be deprived of the right to give a vote which might be required to make up the absolute majority. However, the amendment was negatived. (Conv. Deb., Syd. [1897], pp. 461-3.) At the Melbourne session, a drafting amendment was made after the fourth report.