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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 11
As laid on the table and read a first time, 31 May 2006
South Australia
Constitution
(Legislative Council Reform) Amendment Bill 2006
A Bill For
An Act to amend the Constitution Act 1934; and
to make a related amendment to the Subordinate Legislation Act 1978.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Constitution
Act 1934
4 Amendment of section 5—Powers of the
Parliament
5 Repeal of section 10
6 Amendment of section 13—Casual
vacancies
7 Substitution of sections 14 and 15
14 Term of Legislative Councillors
8 Amendment of section 25—Continuance
of President in office after dissolution or retirement
9 Amendment of section 28A—Early
dissolution of House of Assembly
10 Amendment of section 38—Privileges,
powers etc of Council and Assembly
11 Substitution of section 41
41 Resolution of disputes as to Bills
12 Amendment of section 57—Restoration of
lapsed Bills
Schedule 1—Related amendments and transitional provisions
Part 1—Related amendment to Subordinate
Legislation Act 1978
1 Amendment of section 10—Making of
regulations
2 Substitution of section 10AA—Commencement
of regulations
10AA Commencement of regulations
3 Repeal of section 10A
Part 2—Transitional provisions
4 Term of office members elected
before commencement
5 Powers of
Legislative Council in relation to Bills
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Constitution (Legislative Council
Reform) Amendment Act 2006.
The commencement of this Act is subject to the operation of the Referendum
(Legislative Council Reform) Act 2006 and, if approved at the
referendum, this Act will come into operation on the day on which it is assented to by the Governor.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Constitution Act 1934
4—Amendment of section 5—Powers of the Parliament
Section 5—delete "Legislative Council
and House of Assembly" and substitute:
House of Assembly and, subject to the limitations imposed by this
Act, the Legislative Council
Section 10—delete the section
6—Amendment of section 13—Casual vacancies
(1) Section 13(2)—delete subsection (2) and
substitute:
(2) An
assembly need not be held under subsection (1) to supply a casual vacancy
if the vacancy occurs within 3 months before polling day for a general
election of members of the House of Assembly under section 28.
(2) Section
13(3)(b)—delete "(otherwise than in pursuance of
section 41)"
(3) Section
13(3)(d)—delete paragraph (d)
7—Substitution of sections 14 and 15
Sections 14 and 15—delete the sections and
substitute:
14—Term of
Legislative Councillors
(1) Subject
to this Act, the term of office of a member of the Legislative Council is a
term expiring on the dissolution or expiry of the House of Assembly (and the
seat of a member is automatically vacated on the dissolution or expiry of the
House of Assembly without the necessity of any action on the part of the
member).
(2) An
election for members of the Legislative Council will take place at the time of
the general election of members of the House of Assembly.
8—Amendment of section 25—Continuance of President in office after dissolution or retirement
Section 25(1)—delete "by periodical retirement, or"
9—Amendment of section 28A—Early dissolution of House of Assembly
Section 28A(1)(d)—delete paragraph (d)
10—Amendment of section 38—Privileges, powers etc of Council and Assembly
Section 38—delete "The
privileges" and substitute:
Subject to this Act, the privileges
Section 41—delete the section and
substitute:
41—Resolution
of disputes as to Bills
(1) If—
(a) the House of Assembly passes a Bill that has originated in
that House (to be called the first Bill for the purposes of this
section); and
(b) within
the period of 45 sitting days after the first Bill is transmitted to the
Legislative Council the Legislative Council rejects or fails to pass the Bill,
or passes the Bill with amendments to which the House of Assembly will not
agree; and
(c) after
the expiration of the period that applies under paragraph (b), a Bill (to
be called the second Bill for the purposes of this section) that
is the same as the first Bill (as originally passed by the House of Assembly)
is introduced into the House of Assembly and passes that House, with amendments
(if any) within the ambit of subsection (2); and
(d) within
the period of 30 sitting days after the second Bill is transmitted to the
Legislative Council the Legislative Council rejects or fails to pass the Bill,
or passes the Bill with amendments to which the House of Assembly will not
agree,
the second Bill, as passed by the House of Assembly, with
amendments (if any) within the ambit of subsection (3), will be taken to
be a Bill that has passed both Houses of Parliament and, subject to
sections 8 and 10A (if relevant), may be presented to the Governor for
assent.
(2) The following amendments are within the
ambit of this subsection:
(a) amendments certified by the Speaker to be necessary to the
second Bill owing to the time that has elapsed since the date of the first
Bill;
(b) amendments certified by the Speaker to be consistent with
amendments made to the first Bill by the Legislative Council, subject to any
additional amendments to those amendments certified by the Speaker to be
necessary owing to the time that has elapsed or to be necessary as
consequential amendments.
(3) The following amendments are within the
ambit of this subsection:
(a) amendments within the ambit of subsection (2), subject
to the operation of any amendments under paragraph (b);
(b) amendments certified by the Speaker to have been made to the
second Bill by the Legislative Council and agreed to by the House of Assembly,
subject to any additional amendments to those amendments certified by the
Speaker to be necessary owing to the time that has elapsed or to be necessary
as consequential amendments.
(4) Amendments
within the ambit of subsection (3) may have effect for the purposes of
this section even if the Legislative Council, at some stage after making the
amendments, orders the relevant Bill to be laid aside.
(5) The
House of Assembly may, by resolution, extend the period of 45 sitting days
referred to in subsection (1)(b) or the period of 30 sitting days referred
to in subsection (1)(d) in relation to a particular Bill.
(6) A
certificate of the Speaker given under this section will be conclusive for all
purposes and may not be questioned.
(7) For the purposes of this section—
(a) a reference to sitting days is a reference to sitting days
of the House of Assembly;
(b) a reference to amendments (in the context of amendments made
by the Legislative Council) includes a reference to amendments suggested or
proposed by the Legislative Council.
12—Amendment of section 57—Restoration of lapsed Bills
(1) Section
57(1)—delete ", and thereinafter proceeded with as if no prorogation had
intervened"
(2) Section 57—after subsection (2) insert:
(3) If
a Bill is restored to the notice paper in accordance with this section, the
Bill will, for the purposes of section 41 and for all other purposes, be
treated as if no prorogation had occurred.
Schedule 1—Related amendments and transitional provisions
Part 1—Related
amendment to Subordinate Legislation Act 1978
1—Amendment of section 10—Making of regulations
Section 10(5), (5a), (5b) and (6)—delete subsections (5),
(5a), (5b) and (6)
2—Substitution of section 10AA—Commencement of regulations
Section 10AA—delete the section and
substitute:
10AA—Commencement
of regulations
A regulation comes into operation on the day on which it is made
or from such later date or time as is specified in the regulation.
Section 10A—delete the section
Part 2—Transitional
provisions
4—Term of office members elected before commencement
(1) This
Act does not affect the term of office of a member of the Legislative Council
elected at the election held on 18 March 2006 (or the term of office of a
person chosen to occupy a vacant seat of such a member (if any)), and the Constitution
Act 1934 will continue to apply in relation to the term of office of
such a member as if this Act had not been enacted.
(2) However,
when a member of the Legislative Council referred to in subsection (1) is
required to retire in accordance with the provisions of the Constitution
Act 1934 applying to the member, then the member will, if re-elected,
become subject to the Constitution Act 1934 as amended by this Act.
(3) If
this Act is approved at a referendum held on the day on which a general
election of members of the House of Assembly is held, then this Act, once
assented to by the Governor, will affect the term of office of a member of the
Legislative Council elected at the election for members of the Legislative
Council held on that same day.
5—Powers of Legislative Council in relation to Bills
Section 41 of Constitution Act 1934, as enacted by this Act, applies in relation to Bills introduced into the Parliament after the commencement of this Act.