1958. The Constitution Act Amendment. No. 6224 277 No. 6224. THE CONSTITUTION ACT AMENDMENT ACT 1958. An Act to consolidate the Law relating to the Amendment of the Constitution. [30th September, 1958.] "TTyHEREAS it is provided in the sixtieth section of The Preamble. VV Constitution Act that the Legislature of Victoria has full 18 & 19 Vict, cap. 55, power and authority from time to time by any Act or Acts to repeal Schedule. alter or vary all or any of the provisions of the said Act and to substitute others in lieu thereof: And whereas various amending Acts have from time to time been duly passed: And whereas it is expedient that the said amending Acts should be consolidated: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. This Act may be cited as The Constitution Act Amendment short title ence Act 1958, and shall come into operation on a day to be fixed by me™r " proclamation of the Governor in Council published in the and division. Government Gazette, and is divided into Parts and Divisions as follows:— Part I.—The Crown ss. 4-10. ' Division 1.—Title and Privileges of Parliament ss. 11-13. Part II.— Division 2.—Officials in Parliament ss. 14-31. Parliament Division 3.—Parliamentary Salaries and Generally Allowances ss. 32-36. ss. 11-66. Division 4.—Parliamentary Contributory Retirement Fund ss. 37-46. 1958. The Constitution Act Amendment. No. 6224 Division 5.—Commonwealth Members and Elections ss. 47-49. Division 6.—Summoning of Parliament. Oath Part II.— of Allegiance ss. 50-53. Parliament Division 7.—Provisions relating to Generally Appropriation Bills and Disagreements ss. 11-66. between the Houses ss. 54-57. Division 8.—Female Candidates Members and Electors ss. 58 and 59. Division 9.—Acts of Parliament ss. 60-62. Division 10.—Publication of Parliamentary Proceedings ss. 63-65. Division 11.—Expenses of Executive and Legislative Councils s. 66. Division 1. —Provinces and Members ss. 68 and 69. Division 2. —Period of Membership ss. 70-72. Division 3.- —Qualification &c. of Members ss. Part III.— 73 and 74. Legislative Division 4 —Appointment of Acting President Council s. 75. ss. 67-84. Division 5 ,—Qualification of Electors ss. 76 and 77. Division 6.- Electoral Registrars and Rolls ss. 78-84. Division 1.—Districts and Members ss. 85-98. Division 2.—Qualification of Members ss. 99 and 100. Part IV.— Division 3.—Duration of Assembly s. 101. Legislative Division 4.—Qualification of Electors ss. Assembly 102 and 103. ss. 85-143. Division 5.—Electors for the Assembly and Rolls of Electors ss. 104-143. Division 1.—Chief Electoral Officer Returning Officers and Polling Places ss. 144-148. Division 2.—Writs ss. 149-155. Division 3.—Duties of Returning Officer on receipt of Writ ss. 156 and 157. Division 4.—Nominations and Candidates ss. 158 and 159. Part V.— Division 5.—Deposit Moneys ss. 160 and 161. Elections Division 6.—Declaration of Election where ss. 144-315. number of Candidates does not exceed number of Members to be elected s. 162. Division 7.—Duties of Returning Officer where number of Candidates exceeds number of Members to be elected s. 163. 1958. The Constitution Act Amendment. No. 6224 Division 8.—Retirement or Death of Candidates s. 164. Division 9.—Arrangements for taking poll. Hours of polling ss. 165-176. Division 10.—Voting at Elections ss. 177-185. Division 11.—Voting by Qualified Unenrolled Voters and Absent Voters ss. 186 and 187. Division 12.—Provisions relating to Elections ss. 188-201. Part V.— Division 13.—Preferential Voting, Declaration Elections of Poll, Disposal of Ballot-papers &c. ss. ss. 144-315. 202-212. Division 14.—Provisions applicable only to General Elections for the Council ss. 213-218. Division 15.—Voting by Post ss. 219-238. Division 16.—Recount of Votes s. 239. Division 17.—Regulation of Elections Bribery &c. ss. 240-251. Division 18.—Offences in respect of Elections ss. 252-254. Division 19.—Limitation of Election Expenses. Illegal Practices ss. 255-266. Division 20.—Publication of Electoral Matter s. 267. Division 21.—Compulsory Voting at Elections ss. 268-276. Division 22.—Court of Disputed Returns on Assembly Elections ss. 277-305. Subdivision (1) Disputed Elections and Returns ss. 277-299. Subdivision (2) Qualifications and Vacancies ss. 300-305. Division 23.—Miscellaneous ss. 306-315. Division 1.—Committee of Elections and Qualifications for the Council ss. 316-333. Division 2.—House Committee ss. 334-338. Division 3.—Committee of Public Accounts Part VI.— ss. 339-341. Committees Division 4.—Joint Library Committee s. 342. ss. 316-357. Division 5.—Joint Statute Law Revision Committee ss. 343-350. Division 6.—Subordinate Legislation Com­ mittee ss. 351-357. : Division 1.—Costs of Promoters and Petitioners ss. 360-370. Part VII.— Division 2.—Expenses of Members of Private Parliament­ Bill Committees s. 371. ary Costs ss. Division 3.—Costs of Parliamentary Agents 358-391. and others ss. 372-380. Division 4.—Taxing Officers ss. 381-391. 280 „ 1958. The Constitution Act Amendment. No. 6224 Part VIII.—Parliamentary Witnesses s. 392. Part IX.—Officers of Parliament ss. 393-414. Part X.—Relation of Public Officers to Political Affairs s. 415. Repeal. 2. (1) The Acts mentioned in the First Schedule to the extent First Schedule. thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under any of the Acts so repealed or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order appointment roll writ poll determination membership classification notice pension salary allowance liability or right made given issued accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act; nor shall such repeal affect the operation of sub-section (2) of section two of the Parliamentary Contributory Retirement Fund (Amendment) Act 1956; nor shall such repeal disturb the effect of any amendment to The Constitution Act made by any of such Acts. Transitory (3) Notwithstanding anything in this Act until the day of provision as regards the dissolution or other lawful determination of the Legislative Assembly elections. Assembly occurring next after the commencement of this Act, for the purposes of any election of a member of the Legislative Assembly to serve in the place of a member whose seat has become vacant the electoral districts and any subdivisions as existing before that day and the electoral rolls in respect thereof shall have full force and effect notwithstanding that any new electoral rolls have been prepared for the electoral districts as set forth in the Fourth Schedule. Interpretation. 3. In this Act, unless inconsistent with the context or No. 6006 s. 3. subject-matter— " Assembly." " Assembly " means Legislative Assembly of Victoria. " Chief " Chief Electoral Officer " means the Chief Electoral Officer Electoral (a) Officer." under this Act. (a) See section 144. 1958. The Constitution Act Amendment. No. 6224 281 " Council " means Legislative Council of Victoria. 1 Council." " District " means electoral district. ' District." " General election " means an election at which all the " General election." members of the Council or of the Assembly (as the case may be) have to be elected. " Inspector " means electoral inspector. " Inspector." " Parliament " means The Parliament of Victoria. " Parliament.' " Parlia­ " Parliamentary salary or allowance " means any salary or mentary salary or allowance under Division three of Part II. of this Act. allowance." Part " means Part of this Act and includes any Schedule " Part." therein specified. ; " Periodical Periodical election " where referring to the Council means election." an election at which half of the members of the Council have to be elected. 1 Prescribed" means prescribed by this Act or by " Prescribed regulations thereunder. " President." 1 President" means President of the Council. " Province." Province " means electoral province. •' Registrar." ' Registrar " means electoral registrar. " Schedule." ; Schedule " means Schedule to this Act. " Speaker." ' Speaker " means Speaker of the Assembly. "Sub­ Subdivision " means subdivision of a province or district division." and includes any unsubdivided district. PART I.—THE CROWN. 4. All things done within Victoria at any time after any demise Certain acts of the Crown but before the Governor by his proclamation "riecwdbby a demise of the published in the Government Gazette has notified such demise and Crown. which but for this Act might be affected by such demise shall have No. 6006 s. 4. the same effect and be of the same force as if no such demise had happened. 5. The Parliament in being at any future demise of the Crown Demise of the shall not be determined or dissolved by such demise, but shall diSoive"0'to continue so long as it would have continued but for such demise, Parliament. unless it is sooner prorogued or dissolved by the Governor. No. 6006 s. 5. 6. (1) Every commission warrant or other authority for the AH exercise of any office or employment of any kind or nature within &c?bynttheents Victoria issued or exercised by the Governor in Council or the S>°nvt?n!lerin0 r twith Governor or by any other person in the name and on behalf of Her ^°a Sdin| ' Majesty or of any of her successors to the Crown in virtue of his demise of the office or under the authority of any Act of the Imperial Parliament N™^ S.