In 1951, following the second passage of the Commonwealth Bank Bill through the House, the Senate, after second reading debate extending over several days, referred it to a select committee. This was said by Prime Minister Menzies to constitute “failure to pass”, a phrase which encompassed “delay in passing the bill” or “such a delaying intention as would amount to an expression of unwillingness to pass it”. The Attorney-General, Senator J.A. Spicer, wrote that the phrase, “failure to pass”, was intended to deal with procrastination. Professor K.H. Bailey, the Solicitor-General, considered, inter alia, that “adoption of Parliamentary procedures for the purpose of avoiding the formal registering of the Senate’s clear disagreement with a bill may constitute a ‘failure to pass’ it within the meaning of the section”.
The words “fail to pass” in the section are designed to preclude the Senate, upon being proffered a bill with an opportunity to pass it with or without amendments or to reject it, from declining to take either course, and instead deciding to procrastinate.
It will be material to know what opportunities the Government has given for proceeding with the bill, and what steps the Senate has taken to delay or defer consideration. There are many ways in which the passage of a bill may be prevented or delayed: e.g.
- It may be ordered to be read (say) this day six months.
- It may be referred to a Select Committee.
- The debate may be repeatedly adjourned.
- The bill may be ‘filibustered’ by unreasonably long discussion, in the House or in Committee.
