The Senate shall deal with the matter⁽¹⁾(S.O. 369⁽²⁾). A motion should be moved by a Member, preferably by the Chairman of the Select Committee, to the following effect: That Mr L. C. Mackinnon, of Manager of the Argus newspaper,do attend at the Bar of this House tomorrow (or as fixed) at p.m.

Serve a summons to attend, and a copy of the resolution. If he does not attend, the Senate should resolve that he be taken into the custody of (the Black Rod) in order that he be brought to the Bar of this House, and that the President should issue his warrant accordingly.

The President (in accordance with what appears to be the practice) should inform him of the cause of his being summoned to attend, and ask him if he has any expla-nation to make.

After explanation (if any), etc.-the witness should be ordered to withdraw. The House then deals further with the matter, by motion, and, if it thinks fit, may resolve- That the refusal of the Witness to answer, etc. is a contempt and breach of privilege of the Senate, and that the said L. C. Mackinnon being guilty of contempt and breach of the privileges of the Senate be for the said offence committed to (His Majesty's Gaol, Melbourne, or such other custody as the Senate may determine) and that the President do issue his warrant accordingly.

The term should be during the pleasure of the House, but imprisonment must not extend beyond the session.⁽³⁾

[Vol. 7, p. 293]

(1) Refusal of witness to answer question by Select Committee of Senate; see Opinion No. 363.

(2) Now Standing Order 383.

(3) This opinion was published in J. R. Odgers, Australian Senate Practice, 5th edn, AGPS, Canberra, 1976, p. 541.