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21511934.Pdf (1013.Kb) ANNO VICESIMO QUINTO GEORGII V REGIS. A.D. 1934. **************************************************** No. 2151. An Act to consolidate certain laws relating to the Constitution of the State, and for other pur­ poses incidental thereto. [A ssented to, October ISth, I934.] BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows: PART 1. PABT I. PRELIMINARY. 1. This Act may be cited as the "Constitution Act, ::~r~o~e 1934," and shall come into operation' on a day to be fixed by mencement. proclamation. 2. The Acts set out in the first schedule are repealed to the Repeal. extent shown in that schedule. DIvision of 3. This Act is divided into Parts as follows :­ Act. PART I.-Preliminary. PART n.-The Legislature. PAR'r I1I.-The Executive. PART Iv.-The Judiciary. A-2151-1/6 25° GEORGI! V, No. 2I51. -------- Constit'tttion Act.-1934. PART II. PART II. THE LEGISLATURE. General Provision.,;. Constitution 4. There shall be a Legislative Council and a House of of the Parliament. Assembly which shall be called the- ParHament of South 2, 1855-6, s. 1. Australia, and shall be constituted in the manner providEld by this Act. Powers of the Parliament. 5. The Legislative Council and House of Assembly shall 2, 1885-6, s. 1. have and exercise all the powers and functions formerly exercised by the Legislative Council constituted pursuant to section 7 of the Act of the Imperial Parliament, 13 and 14 Victoria, Chapter 59, entitled "An Act for the better Govern­ ment of Her Majesty's Australian Colonies." Place and time for 6. (1) The Governor may- holding Sessions of (a) fix such places and times for holding every session of Parliament. 2, 1855-6, s. 2. the Parliament as he thinks fit : (b) from time to time change any such place or time as he judges advisable and most consistent with general convenience and the public welfare: (0) prorogue the Parliament from time to time: (d) dissolve the House of Assembly by Proclamation or otherwise whenever he deems it expedient: Provided that this section shall not authorise the Governor to dissolve the Legislative Council. (2) The Governor shall give sufficient notice of the time and place fixed for holding every session of Parliament, and of any change thereof. Sessions of Parliament. 7. There shall be a session of the Parliament once at least 2, 1855-6, s. 3. in every year; so that a period of twelve calendar months shall not intervene between the last sitting of the Parliament in one session and the first sitting of the Parliament in the next session. Power of Parliament S. The Parliament may, from time to time, by any Act, to alter this Act. repeal, alter, or vary all or any of the provisions of this Act, 2, 1855-6, s. 34. and substitute others in lieu thereof: Provided that- (a) it shall not be lawful to present to the Governor, for His Majesty's assent, any Bill by which an alteration in the constitution of the Legislative Councilor House of Assembly is made, unless the second and third readings of that Bill have been passed with the concurrence of an absolute majority of the whole number of the members of the Legisla­ tive Council and of the House of Assembly respec~ tively: . 25 6 GEORGII V, No. 2151. 3 Constitution Act.-1934. PA.RT II. (b) every such Bill which has been so passed shall be reserved for the signification of His Majesty's pleasure thereon. 9. The Parliament may, by any Act, define the privileges, Pri'11eges of . d t b h ld . d d . d b Parliament. immuruties, an powers 0 e e ,enJoye ,an exercIse y 2,1855-6, s. 36. the Legislative Council and House of Assembly, and by the members thereof respectively: Provided that no such privileges, immunities, or powers shall exceed those held, enjoyed, and exercised on the twenty-fourth day of October, eighteen hundred and fifty-six, by the House of Commons, or the members thereof. 10. Exce-.pt as provi~ed ~ the sec~ions of this Act relating ~::::~f HI> oU1!"lS Oft to money BIlls, the Lemslatlveo~ . CounCIl shall have equal power ar lamen • with the House of Assembly m respect of all Bills. 1148, 1913, s.26. The Legislative Oouncil. 11. The Legislative Council.sh~ll.consist of twenty members, ;!~:'~:~80~f who .shall be elected by the mhabitants of the State legally ~~~~~~iVC qualified to vote. 1148, 1913, 8.7(2). Qualification 12. No person shall be capable of being elected a member of member of Legislative of the Legislative Council unless-· Council. 2, 1855·6, s. 6. (a) he is at least thirty years of age; and (b) he is a British subject or legally made a denizen of the State; and (c) he has resided in the State for at least three years. 13. Subject to the provisions contained in this Act as to ~~Tc~~f the dissolution of the Legislative Council, every member of f~~~~~i~:. the Council, except a member elected to fill a casual vacancy, 959,1908, s.lO. shall occupy his seat for the term of six years at least, calculated as from the first day of March of the year in which he was last elected, and for such further period as is provided for in the next succeeding section: Provided that- (a) if the seat of any member of the Council becomes vacant by death, resignation, or otherwise before the expiration of his term of service, and a member is returned tor the district in which the vacancy occurred, he shall hold office only for the unexpired term of the member whose seat has been vacated, and shall, for the purpose of retirement, be deemed to have been elected at the time when the last­ mentioned member was elected or deemed to be elected: 4 25° GEORGI! V, No. 2151. ------ P4M n. oonstitution Act.-1934. (b) where two or more members are so returned at the same time to fill vacated seats of unequal terms he who at the count of votes first received an absolute majority of votes shall hold the seat which has the longest term to run, and so on, and in the event of a tie the matter shall be determined by lot. Periodical retirement of 14. Whenever the House of Assembly is dissolved by the Legislative councillors. Governor, or expires by effluxion of time, those members of 1l1i9, 11108, B. 11. the Legislative Council, not exceeding two for any Council 1148,1913, •• 13. district, who have completed the minimum term of service provided by the preceding section shall retire and vacate their seats, and, subject to the provisions of this Act as to deadlocks, an election to supply the vacancies so created shall take place on the day of the next general election of the House of Assembly. Order of retirement. 15. The periodical retirement of members of the Legislative 1l1i9, 1908, 8. 12. Council under the provisions of the last preceding section shall 1148,1913, •• 14. be determined as follows :- I. The members retiring in each Council district shall be those who have represented the district for the longest time, calculated from the date of their last election, and if, in accordance with the last preceding section, two members are to retire and there are not two who have represented the district for such longest time, then the two members to retire shall be the one who has represented the district for the longest time, calculated as aforesaid, and the member or one of the members who has or have represented the district for the next longest· time, calculated as aforesaid: II. If two or more members have represented the same Council district for an equal time, calculated as afore­ said, the order of retirement as between them shall be determined by· the order in which at the count of votes at their election they respectively received an absolute majority of votes, so that he who last received an absolute majority of votes shall retire first and so on. If their position is equal in this respect, or if no poll was taken, the order of retire­ ment between them shall be determined by lot: III. The Legislative Council shall keep a roll of its members, containing all particulars necessary for the application of the foregoing rules as to their periodical retirement. :ter=Y:e 16. (1) Any member of the Legislative Council may resign councillors. his seat in the Council by writing under his hand, addressed to :6;~::O::~·.~!: the President of the Council, and delivered to the President 25° GEORGI! V, No. 2151. 5 C.onstitution .A.ct.-1934. PAlI.T U. forthwith after the signing thereof, and upon the receipt of such resignation by the President the seat of the member shall become vacant. (2) If there is a vacancy in the office of the President of the I .. egislative Council, or if the President is absent from the State or incapacitated from performing the duties of his office the resignation may be delivered to the Governor, and when so delivered, shall have the same effect as if delivered to the President. 17. If any member of the Legislative Council- :e!ta:!o~~D(lil. (a) without permi~sion of the Counc~l fails ~or on~ month !~:~~:~~,:: ~:: of any seSSIOn of the CouncIl to gIve hIS atten- dance therein; or (b) takes any oath or makes any declaration or act of acknowledgment or allegiance to any foreign prince or power; or (c) does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign state or power; or (d) becomes bankrupt; or (e) takes the benefit of any law relating to insolvent debtors; or (/) becomes a public defaulter; or (g) is attainted of treason; or (h) is convicted of a felony or any infamous crime; or (i) becomes of insane mind, his seat in the Council shall thereby become vacant.
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