Parliament

CHAPTER V PARLIAMENT

PART 1 COMPOSITION OF PARLIAMENT

36. Establishment of Parliament

There shall be a Parliament of Barbados, which shall consist of Her Majesty, a Senate and a House of Assembly.

37. Senate

1. The Senate shall consist of twenty-one persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section.

2. Twelve Senators shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal.

3. Two Senators shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Public Seal.

4. Seven Senators shall be appointed by the Governor Genera, acting in his discretion, by instrument under the Public Seal, to represent religious, economic or social interests or such other interests as the Governor - General considers ought to be represented:
Provided that before appointing any person under this subsection the Governor General shall consult such persons as, in his discretion, he considers can speak for those interest and ought to be consulted.

38. Qualifications for membership of Senate
Subject to the provisions of section 38, any person who at the date of his appointment -
  1. is a Commonwealth citizen of the age of twenty one years or upwards; and
  2. has been ordinarily resident in Barbados for the immediately preceding twelve months, shall be qualified to be appointed as a Senator.

39. Disqualifications for membership of Senate

  1. No person shall be qualified to be appointed as a Senator who -
    • is a member of the House of Assembly;
    • is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
    • holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor - General;
    • is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
    • is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
    • has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged; or
    • is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections.
  2. Without prejudice to the provisions of subsection (1)(c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if -
    • he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
    • he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
    • he belongs to any police force of Barbados or to any class of person that is comprised in any such force.
  3. For the purposes of subsection (1)(d) -
    • two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and
    • no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

40. Tenure of seats of Senators

1. The seat of a Senator shall become vacant -
  1. upon the next dissolution of Parliament after he has been appointed;
  2. if, with his consent, he is nominated as a candidate for election to the House of Assembly;
  3. if he is absent from Barbados for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of subsection (2);
  4. if he ceases to be a Commonwealth citizen;
  5. subject to the provision of subsection (3), if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of paragraphs (b) to (g) of section 38(1) or of any law enacted in pursuance of section 38(2);
  6. in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant.
2. The President of the Senate may grant leave to any Senator to be absent from Barbados for any period not exceeding six months at any one time.

3.
  1. If the circumstances such as are referred to in subsection (1)(e) arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:
  2. Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
  3. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
  4. If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a Senator.

41. President and Deputy President of Senate

1. When the Senate first meets after any dissolution of Parliament and before it proceeds to the dispatch of any other business, it shall elect a Senator, not being a Minister or Parliamentary Secretary, to be President of the Senate; and whenever the office of President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office.

2. When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to fill that office.

3. A person shall vacate the office of President or Deputy President of the Senate -
  1. if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the Clerk of the Senate or, in the case of the Deputy President, to the President (or, if the office of President is vacant or the President is absent from Barbados, to the Clerk), he resigns that office;
  2. if he ceases to be a Senator:
  3. Provided that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution o Parliament, until the Senate first meets after such dissolution;
  4. if he is appointed to be a Minister or Parliamentary Secretary;
  5. if, by virtue of the provisions of section 39(3), he is required to cease to perform his functions as a Senator; or
  6. in the case of the Deputy President, if he is elected to be President.

42. House of Assembly

1. The House of Assembly shall consist of twenty four members or such greater number of members as Parliament may prescribe.

2. The members of the House (who shall be known as "Members of Parliament") shall be persons who, being qualified for election as such in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in Barbados.

43. Electoral law

1. Any law providing for the election of members of the House of Assembly shall -
  1. contain provisions for the division of Barbados into constituences; and
  2. contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the House.
  3. contain provisions relating to the conduct of elections of members of the House of Assembly, including provisions relating to the identification of electors, designed to ensure that so far as is practicable no person shall vote at an election of a member of the House of Assembly: -
  • who is not entitled to vote; or
  • when he is not entitled to vote; or
  • where he is not entitled to vote.
2. No election of a member of the House of Assembly shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section.

44. Qualifications for membership of the Assembly

Subject to the provisions of section 44, any person who -
  1. is a Commonwealth citizen of the age of twenty one years or upwards; and
  2. has such connection with Barbados by residence therein as may be prescribed by Parliament,
  3. shall be qualified to be elected as a member of the House of Assembly.

45. Disqualifications for membership of the Assembly

1. No person shall be qualified to be elected as a member of the House of Assembly who -
  1. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
  2. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor General;
  3. is a clerk in holy orders or other minister of religion;
  4. is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
  5. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
  6. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged;
  7. is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections;
  8. is disqualified for such membership by or under any such law by reason of his having been convicted of making a false declaration of qualification for election;
  9. is disqualified for such membership by or under any such law on any ground not mentioned in the foregoing provisions of this subsection, being a ground for disqualification for membership of the the House of Assembly by or under any law, other than the Representation of the People Act 1957(a), in force in Barbados immediately before 30th November 1966.
2. Without prejudice to the provisions of subsection (1)(b) and (c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be elected as a member of the House of Assembly if -
  1. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;
  2. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
  3. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.
3. For the purposes of subsection (1)(d)
  1. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any of those sentences exceeds that term they shall be regarded as one sentence; and
  2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

46. Tenure of seats of members of Assembly

1. The seat of a member of the House of Assembly shall become vacant -
  1. upon the next dissolution of Parliament after he has been appointed;
  2. if he resigns it in such manner as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;
  3. if he is absent from the sittings of the House of Assembly for such period and in such circumstances as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;
  4. if he ceases to be a Commonwealth citizen;
  5. if the contravenes the provisions of section 59 (relating to the taking of the oath of allegiance) or any provision requiring him to make a declaration of qualification for election before taking part in the proceedings of the House of Assembly contained in any law in force in Barbados;
  6. subject to the provisions of subsection (2), if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of section 44(1) or any law enacted in pursuance of section 44(2).
2.
  1. If circumstances such as are referred to in subsection (1)(f) arise because a member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections or of making a false declaration of qualification and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:
  2. Provided that the Speaker may, at the request of the member, form time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.
  3. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
  4. If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member.

47. Determination of questions of membership of Senate and Assembly

1. Any question whether -
  1. any person has been validly appointed as a Senator; or
  2. any person has vacated his seat as a Senator or is required under the provisions of paragraph (a) of section 39(3) to cease to perform his functions as a Senator,
  3. shall be determined by the High Court, whose decision shall be final.
2. Any question whether -
  1. any person has been validly elected as a member of the House of assembly; or
  2. any person has vacated his seat as such a member or is required under the provisions of paragraph (a) of section 45(2) to cease to perform his functions as such a member, shall be determined by such authority or authorities as may be prescribed by any law in force in Barbados.

48. Filling of Casual Vacancies in Senate and Assembly

1. Whenever any person vacates his seat as a Senator for any reason other than a dissolution of Parliament, the Governor General shall appoint a person to fill the vacancy under the same provisions of section 36 as the person whose seat has become vacant was appointed.

2. Whenever any person vacates his seat as a ember of the House of Assembly for any reason other than a dissolution of Parliament, the Governor General shall issue a writ for the election of a member to fill the vacancy returnable within ninety days from the occurrence of the vacancy.

PART 2 POWERS AND PROCEDURE OF PARLIAMENT

49.  Power to make laws

1. Subject to the provision of this Constitution, Parliament may make laws for the peace, order and good government of Barbados.

2. Without prejudice to the generality of subsection (1) and subject to the provisions of subsection (3), Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Assembly and the members thereof.

3. No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate or the House of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.

50. Alteration of this Constitution

1. Subject to the provisions of this section, Parliament may, by an Act of Parliament passed by both Houses, alter this Constitution.

2. Subject to the provision of subsection (3), a Bill for an Act of Parliament under this section that alters any of the following provisions, that is to say -
  1. this section and section 1:
  2. Chapter II;
  3. Chapter III;
  4. section 28, 32, 35 to 39, 41, 42, 48, 60(2), 61, 62, 63 and 76 to 79 (other than subsection (7) of section 79);
  5. Chapter VII (other than section 83);
  6. Chapter VIII;
  7. Chapter IX;
  8. any provision of Chapter X in its application to any of the provisions specified in paragraphs (a) to (g),
  9. shall not be passed in either House unless at the final voting thereon in the House it is supported by the votes of not less than two-thirds of all the members of the House.
3. Subsection (2) shall not apply to a Bill in so far as it alters any of the provisions specified in that subsection for the purpose of giving effect to arrangements for the federation or union of Barbados with any other part of the Commonwealth of for the establishment of some other form of constitutional association between Barbados and any other part of the Commonwealth.

4. A Bill for an Act of Parliament under this section to which subsection (2) does not apply shall not be passed in either House unless at the final voting thereon in the House it is supported by the votes of a majority of all the members of the House.

5. In this section -
  1. references to this Constitution or to any particular provision thereof include references to any other law in so far as that law alters the Constitution or, as the case may be, that provision; and
  2. references to altering this Constitution or any particular provision thereof include references -
  • to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
  • to modifying it (whether by omitting, amending or overriding any of its provisions or inserting additional provisions in it or otherwise); and
  • to suspending its operation for any period or terminating any such suspension.
6. No Act of Parliament shall be construed as altering this Constitution unless it is stated in the Act that it is an Act for that purpose.

7. Nothing in subsection (2) shall be construed as including any of the provisions of the First Schedule or the Second Schedule among the provisions specified in that subsection.

51. Regulation or procedure in Parliament

1. Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make Standing Orders.

2. Each House may act notwithstanding any vacancy in its membership and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

52. Presiding in Senate

1. The President or, in his absence, the Deputy President or, if they are both absent, a member of the Senate (not being a Minster or a Parliamentary Secretary) elected by the Senate for the sitting shall preside at any sitting of the Senate.

2. References in this section to circumstances in which the President or Deputy President is absent include references to circumstances in which the office of President or Deputy President is vacant.

53. Quorum of Senate

1. if at any time during a sitting of the Senate objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the Standing Orders of the Senate, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the Senate.

2. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.

3. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.

54. Voting in Senate

Save as is otherwise provided in this Constitution, all questions proposed for decision in the Senate shall be determined by a majority of the votes of the members thereof present and voting;
Provided that the person presiding shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.

55. Introduction of Bills, etc.
1. Subject to the provision of this Constitution and of the Standing Orders of the Senate or the House of Assembly, as the case may be, any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, that House, and the same shall be debated and disposed of according to the Standing Orders of that House.

2. A Bill other than a Money Bill may be introduced in either House,

3. Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not -
  1. proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to Barbados; or
  2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.
4. The Senate shall not -
  1. proceed upon any Bill, other than a Bill sent from the House of Assembly, or any amendment to a Bill which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to Barbados; or
  2. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.

56. Restriction on powers of Senate as to Money Bills

1. Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Assembly and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Assembly otherwise resolves, be presented to the Governor General for his assent notwithstanding that the Senate has not consented to the Bill.

2. There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor General for assent in pursuance of subsection (1) the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.

57.  Restrictions on powers of Senate as to Bills other than Money Bills

1. If any Bill other than a Money Bill is passed by the House of Assembly in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Assembly otherwise resolves, be presented to the Governor General for assent notwithstanding that the Senate has not consented to the Bill:
Provided that the foregoing provisions f this subsection shall not have effect unless at least seven months have elapsed between the date on which the Bill is passed by the House of Assembly in the first session and the date on which it is passed by the House of Assembly in the second session.

2. For the purposes of this section a Bill that is sent to the Senate from the House of Assembly in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that ha elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill in the preceding session.

3. The House of Assembly may, if it thinks fit, on the passage through the House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Assembly, but the exercise of this power by the House of Assembly shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.

4. There shall be inserted in any Bill that is present to the Governor General for assent in pursuance of this section any amendment that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the Assembly.

5. There shall be endorsed on any Bill that is presented to the Governor General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.

6. The provisions of this section shall not apply a Bill which is required by section 49 to be passed by both Houses.

58. Provisions relating to section 54, 55 and 56

1. In sections 54, 55 and 56 "Money Bill" means a public Bill which, in the opinion of the Speaker contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions "taxation", "debt", "public fund", "public money" and "loan" do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.

2. For the purposes of section 56, a Bill shall be deemed to be rejected by the Senate if -
  1. it is not passed by the Senate without amendment; or
  2. it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.
3. Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by subsection (1) or by section 55 or 56, that function may be performed by the Deputy Speaker.

4. Any certificate of the Speaker or Deputy Speaker given under section 55 or 56 shall be conclusive for all purposes and shall not be questioned in any court.

59. Assent to Bills

1. A Bill shall not become law until the Governor General has assented thereto in Her Majesty's name and on Her Majesty's behalf and has signed it in token of such assent.

2. Subject to the provisions of sections 55 and 56, a Bill shall be present to the Governor General for assent if, and shall not be so presented unless, it has been passed by both Houses either without amendment or with such amendments only as are agreed to by both Houses.

3. When a Bill is presented to the Governor General for assent he shall signify that he assents or that he withholds assent.

60. Oath of allegiance
No member of either House shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in Barbados.

PART 3 SUMMONING, PROROGATION AND DISSOLUTION

61.Session of Parliament

 
1. Each session of Parliament shall be held at such place and commence at such time as the Governor General may appoint.

2. The time appointed for the commencement of any session of Parliament shall be such that a period of six months does not intervene between the end of one session and the first sitting of Parliament in the next session.

62. Prorogation and dissolution of Parliament

1. The Governor General acting in accordance with the advice of the Prime Minister, may at any time by proclamation prorogue Parliament.

2. The Governor General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation dissolve Parliament:
Provided that if the office of Prime Minister is vacant and the Governor General considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the House of Assembly, he shall dissolve Parliament.

3. Subject to the provisions of subsection (4), Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

4. At any time when Barbados is at war, Parliament may extend the period of five years specified in subsection 83) for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this subsection for more than two years.

5. If, between a dissolution of Parliament and the next ensuing general election of members to the House of Assembly, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor General, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the preceding Parliament, and that Parliament shall thereupon be deemed (except for the purposes of section 62) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.

63. General election and appointment of Senators

1. After every dissolution of Parliament the Governor General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from that dissolution.

2. As soon as may be after every general election the Governor General shall proceed under section 36 to the appointment of Senators.