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Constitution Act 1934 (Tas) [Transcript

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[Received from the Clerk of the Legislative Council the 10th day of January 1935 A.G. Brammall Registrar Supreme Court] TASMANIA. _________ THE CONSTITUTION ACT 1934. _________ ANALYSIS. PART I. – PRELIMINARY. Division III. – The Assembly. 1. Short title. 22. Constitution of the Assembly. 2. Repeal. 23. Triennial Parliaments. 3. Interpretation. 24. Election of Speaker. 25. Quorum of the Assembly. PART II. – THE CROWN. Division IV. – Electoral Divisions and 4. Parliament not dissolved by demise Qualifications Of Electors. of the Crown. 5. Demise of the Crown not to affect 26. Council Divisions. things done before proclamation 27. Assembly Divisions. thereof. 28. Qualification of electors for the 6. All appointments, &c., by the Gover- Legislative Council. nor to continue in force notwith- Joint tenants. standing demise of the Crown. 29. Assembly electors. 7. All civil or criminal process, and all contracts, bonds, and engagements Division V. – Disqualification; Vacation with or on behalf of His Majesty Of Office; Penalty. to subsist and continue notwith- standing demise. 30. Oath to be taken by members. 8. Deputy-Governor’s powers. 31. Commonwealth membership. Interpretation. 32. Office of profit. Exercise of powers by Deputy- 33. Contractors. Governor. 34. Vacation of office for other causes. Provision as to deputy of Lieutenant- 35. Penalty for sitting when disqualified. Governor or Administrator. Act to be retrospective. PART IV. – MONEY BILLS; POWERS OF HOUSES PART III. – PARLIAMENT. 36. Interpretation. Division I. – Both Houses. 37. Money bills to originate in the Assembly. 9. Continuation of existing Houses. 38. All money votes to be recommended Continuance in office of existing by the Governor. members. 39. Limitation of matters to be dealt with 10. The Parliament of Tasmania. in Appropriation Bill. 11. Annual sessions. 40. Certain provisions in Appropriation 12. Governor to fix times for sittings. Acts inoperative. Delay in return of writs. 41. Limitation of matters to be dealt with 13. Special sittings of Parliament. in Income Tax Rating Acts and Land Tax 14. Qualifications of members. Rating Acts. 15. Resignation. 42. The Council may not amend certain 16. Determination of questions as to bills. vacancies. Power of the Council to amend other 17. Houses to make standing orders. bills, &c. 43. Power of the Council to request Division II. – The Council. amendment of bills which it may not amend. 18. Constitution of the Council. 44. The Council may reject bills, &c. 19. Council elections. 45. General powers of the Council and 20. Quorum of the Council. the Assembly. 21. Election of President. PART V. – GENERAL PROVISIONS 46. Religious freedom. T A S M A N I A. [E Clark] [Seal] [Coat of Arms] 1934. ____ ANNO VICESIMO QUINTO GEORGII V. REGIS No. 94. ************************************************** AN ACT to consolidate and amend the Acts A.D. of this State relating to the Constitution. 1934 [14 January, 1935.] WHEREAS by an Act of Council intituled an Act to establish a Preamble Parliament in Van Diemen’s Land and to grant a Civil List to Her Majesty (known as the Constitutional Act and later as the Constitution Act) passed in the eighteenth year of the reign of Her Majesty Queen Victoria by the Governor and 18 Vict. No. 17. Legislative Council of the Colony of Van Diemen’s Land in pursuance of the provisions of an Imperial Act called the Australian Constitution Act 1850, it was 13 & 14 Vict., enacted for the purpose of securing the peace, welfare, and good government of cap. 59 the said Colony that in Place of the said Legislative Council there should be one Legislative Council and one House of Assembly, constituted as therein provided, which should exercise all the powers and functions of the then existing Legislative Council, and that the Governor and Legislative Council and House of Assembly together should be called the Parliament of Van Diemen’s Land: AND WHEREAS Her said Majesty Queen Victoria, by Order in Council, directed that on and after the first day of January, one thousand eight hundred and fifty-six, the name of the said Colony should be changed to Tasmania: 25o GEORGII V. No. 94. ________________________________________________________________________________ Constitution. _________________________________________________________________________________ A.D. 1934 AND WHEREAS by force of the Commonwealth of Australia Constitution Act 1900 the said Colony on the establishment of the said Commonwealth was constituted and became a State of the Commonwealth of Australia: AND WHEREAS many of the provisions of the Constitution Act have been repealed or replaced and numerous amendments have been made therein and it is desirable to make certain other amendments therein and that the said Act and its amendments should be consolidated in one Act: Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:- PART I. PRELIMINARY. Short title. 1 This Act may be cited as the Constitution Act 1934. Repeal. 2 The enactments enumerated in the first schedule are hereby repealed to the extent therein indicated. Interpretation. 3 In this Act unless the contrary intention appears – “Assembly” means the House of Assembly of the Parliament of Tasmania. “Council” means the Legislative Council of the Parliament of Tasmania. “House” means such one of the two Houses of Parliament as the context indicates. “Parliament” means the Parliament of Tasmania constituted as provided by this Act. _______________ PART II THE CROWN Parliament not 4 The Legislative Council and House of Assembly of Tasmania in being at dissolved by demise of the any future demise of the Crown shall not be determined or dissolved by such Crown. demise, but, subject to the provisions of this Act, shall continue so long as they 64 Vict. No. 2, s.2. would have continued respectively but for such demise. Demise of the 5 Any future demise of the Crown shall not affect anything done in this Crown not to affect things done before State before the day whereon the Governor, by his proclamation, has notified proclamation thereof. such demise, and all things done within this State at any time after such demise, Ib., s.3. but before the day of the publication of the Gazette containing such proclamation, and which but for this Act might be affected by such demise, shall have the same effect and be of the same force as if no such demise had happened. 25o GEORGII V. No. 94. ________________________________________________________________________________ Constitution. ________________________________________________________________________________ 6 -- Every commission, warrant, or other authority for the exercise of any A.D. 1934 office or employment of any kind or nature within the State issued or exercised by the by the Governor in Council, or the Governor, or by any other person in All appointments, the name and on behalf of His Majesty in virtue of his office, or under the &c., by the Governor to con- authority of any Act of the Imperial Parliament, or of the Parliament of the tinue in force not- Commonwealth, or of the Parliament of Tasmania, or of any rules or regulations withstanding demise of the made thereunder respectively, shall continue in full force notwithstanding any Crown. future demise of the Crown until duly revoked or cancelled, and shall be of the Ib., s.4. same effect as if no such demise had happened; anything contained in an Act of the Imperial Parliament passed in the first year of His late Majesty King William the Fourth, chapter four, to the contrary notwithstanding. 7 -- (1) No action, suit, or other process or proceeding, civil or criminal, in or All civil or criminal process, and all contracts, to which His Majesty shall be a party, or which shall have been commenced or bonds, and engagements carried on in His name or by His authority, shall, by reason of His demise, abate, with or on behalf of His discontinue, or be in any manner affected; but every such action, suit, process, Majesty, to subsist and continue or proceeding shall and may be carried on, enforced, or otherwise completed or notwithstanding demise. acted on in the name of His successor, and as if such demise had no happened. Ib., s.5. (2) All contracts of every kind lawfully entered into by or on behalf of His Majesty with any person, body, or authority, and all benefit and advantage thereof, and all liability in respect thereof, shall respectively attach and belong to the heirs and successors of His Majesty, although they be not expressly named in any such contract. 8 -- (1) In this section “the said letters patent” means the letters patent under Deputy-Governor’s the great seal of the United Kingdom bearing date the twenty-ninth day of powers. October, one thousand nine hundred, as amended by the letters patent bearing Interpretation. date the thirty-first day of August, one thousand nine hundred and twenty, and 17 Geo. V. No. 57. includes any letters patent to be hereafter issued in amendment of or in substitution for the same. (2) During the temporary absence of the Governor from the seat of Exercise of powers by Government or from the State all the powers and authorities conferred upon or Deputy-Governor. vested in the Governor by any statutory or other law or usage of the State, as well as the powers and authorities conferred upon or vested in the Governor by the said letters patent, shall and may be exercised, performed, and executed by the officer or person appointed by the Governor to be his deputy during such absence, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy. (3) During any period when the powers and authorities in the said letters Provisions as to Deputy of Lieutenant- patent granted to the Governor are vested in the Lieutenant-Governor or such Governor or other person or persons as is or are appointed under Royal Sign Manual and Administrator.
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