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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Legislative Council Reform) Amendment
Bill 2008
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 2008.
The commencement of this Act is subject to the operation of the
Referendum (Legislative Council Reform) Act 2008 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.