Joint Sitting of the Australian Parliament of 1974

In early 1974, the conservative parties led by Billy Snedden had chosen to use their majority in the Senate to oppose key government legislation. As the Senate had rejected the bills twice, Prime Minister Gough Whitlam advised a double dissolution under section 57 of the Constitution. The Governor-General Sir Paul Hasluck agreed, and on 18 May an election for both houses of parliament was held.

Campaigning for the Labor Party, Whitlam asked the electorate to let him "finish the job" and used the slogan "Give Gough a Go". The Liberal and Country parties focused their campaign on government mismanagement and the state of the economy. The Labor Party was returned with a slightly reduced majority in the House of Representatives and, crucially, still without the Senate majority it required to pass the legislation in question.

The new parliament convened on 9 July. On 11 July, Sir Paul Hasluck's term as Governor-General ended, and Sir John Kerr was sworn in. The legislation was reintroduced, but, as expected, it again failed to pass the Senate. Now, all the constitutional requirements for a joint sitting had been met. At Whitlam's request, on 30 July Sir John Kerr issued a proclamation convening the joint sitting.

The coalition parties sought to prevent the joint sitting by challenging its constitutional validity in the High Court. The writs were issued by Senator Sir Magnus Cormack (Lib) and Senator Jim Webster (CP) on 1 August. The Queensland government also brought an action, although it sought a narrower declaration. The court delivered a unanimous decision on 5 August 1974 and ruled that the sitting was constitutionally valid.[2]

All 187 federal MPs at the 1974 joint sitting

Votes for and against the Commonwealth Electoral Bill (No. 2) 1973

The joint sitting of all 187 members of Parliament (127 from the House of Representatives and 60 from the Senate) was held over two days, on 6 and 7 August 1974. The House of Representatives chamber was chosen as the venue for the sitting, and the event was covered by both radio and television. As well as the lower house holding a bigger seating capacity than the Senate, Whitlam said it was "the people's House, the House where alone governments are made and unmade".[3][4]^{: p. 4}

Speaker Jim Cope assumed the chair; his had been the only nomination. Whitlam further commented that "at long last, after sustained stonewalling and filibustering, the parliament can proceed to enact these essential parts of the government's program." Snedden, on the other hand, was more cynical, stating "this is indeed an historic occasion. So many people have described it as such that one is convinced it must be."

Given the importance of the occasion, both sides showed behaviour and restraint. The Coalition continued to oppose the legislation but the Labor majority in the House was such that it had an overall majority in the Parliament, and all the legislation was able to pass easily. A vote of 94 was required, so that if at least 94 of the 95 Labor parliamentarians supported the bills, each would be passed.

Special rules were drafted for the conduct of business. These included the hours of sittings, a 20-minute limit on speeches, and a requirement that there be at least 4 hours of debate (or 12 speakers) before debate on any bill could be ended.

For the most part, the proceedings moved smoothly and all of the bills were approved along party lines.

• Commonwealth Electoral Bill (No. 2) 1973, 96 votes to 91. Liberal Movement Senator Steele Hall supported the three electoral Bills, citing his experience as Liberal Premier of South Australia, where he had fought his own party to improve unequal electoral arrangements known as the Playmander.[4]^{: pp. 43–44}
• Senate (Representation of Territories) Bill 1973, 97 votes to 90. Northern Territory Country Party member Sam Calder supported the Territory Senators legislation, though he opposed the ACT being given added representation.[4]^{: p. 87}
• Representation Bill 1973 96 votes to 91.[4]^{: pp. 87–88}
• Health Insurance Commission Bill 1973 95 votes to 92.[5]^{: pp. 128–129}
• Health Insurance Bill 1973 95 votes to 92.[5]^{: p. 129}
• Petroleum and Minerals Authority Bill 1973 95 votes to 91, with Liberal Party member John Gorton absent.[5]^{: pp. 174}

The proceedings concluded at 11 p.m. on 7 August, to mixed reviews. Labor saw it as an 'historic event'; their opponents saw it as 'a waste of time'. On 7 and 8 August 1974, the Governor-General gave Royal Assent to all the bills.[6][7][8][9][10]

Thirteen months later, four state litigants, Victoria, New South Wales, Queensland and Western Australia took legal action against the Commonwealth Government and the Minister for Minerals and Energy Rex Connor, challenging the Petroleum and Minerals Authority Act 1973.[11] The issue was when the Senate had 'failed to pass' the Petroleum and Minerals Authority Bill 1973, whether that was on 13 December 1973 which was the day of the Bill's first reading in the Senate and the last sitting day of 1973, or some time after the resumption of the Senate on 28 February 1974. In separate judgments, the majority of the High Court, Barwick CJ, McTiernan, Gibbs, Stephen and Mason JJ, held that the Senate had not 'failed to pass' the bill on 13 December 1973 and that there had not been an interval of three months between the Senate 'failing to pass' the Bill and 8 April 1974 which was when the House of Representatives again passed the Bill. Because the Bill had not been one of the 'proposed laws' in dispute when the double dissolution was called it could not therefore be voted on by the joint session and was not a valid law of the Commonwealth.[12] In his dissenting judgment Jacobs J concluded that the Senate had failed to pass the Bill on 13 December 1973 because it had adjourned further consideration of the Bill until February 1974. Although the law remains on the statute books as No. 43 of 1974,[11] it was invalidated by the declaration of the High Court.

Western Australia, New South Wales and Queensland also sought to separately challenge the Senate (Representation of Territories) Act 1973,[13] the Commonwealth Electoral Act (No. 2) 1973,[14] and the Representation Act 1973.[15] The primary challenge was that the States alleged that too much time had elapsed from the second rejection of the Bills by the Senate and the double dissolution. In separate judgments, all of the judges Barwick CJ, McTiernan, Gibbs, Stephen, Mason, Jacobs and Murphy JJ, held that once the trigger conditions had been satisfied, the Governor-General could exercise the power at any time prior to 'six months before the date of the expiry of the House of Representatives by effluxion of time'.[16]

• The 1974 joint sitting of Parliament: Parliamentary Library

• Joint meetings of the Australian Parliament