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Constitution (Legislative Council Casual Vacancy)
Proclamation 2009
under section 13 of the Constitution Act 1934
1 A seat of a member of the Legislative Council has become vacant by virtue
of the resignation of the Honourable Sandra Myrtho Kanck, MLC.
2 A person must be chosen to occupy the vacant seat by an assembly of the
members of both Houses of Parliament.
3 It is necessary to make provision in relation to the constitution and
proceedings of that assembly.
This proclamation may be cited as the Constitution (Legislative Council
Casual Vacancy) Proclamation 2009.
This proclamation comes into operation on the day on which it is
made.
3—Provisions relating to the
assembly of members
The following provisions apply in relation to the constitution and
proceedings of an assembly of the members of both Houses of Parliament to choose
a person to occupy the vacant seat in the Legislative Council caused by the
resignation of the Honourable Sandra Myrtho Kanck, MLC:
(a) the assembly will meet at 10:30 am on Tuesday, 17 February 2009 at the
Legislative Council Chamber;
(b) the Honourable Robert Kenneth Sneath, MLC, is appointed to preside
over the assembly;
(c) Janice Maxine Davis is appointed to be clerk of the
assembly;
(d) the following rules are to be observed at the assembly and applied as
the method by which the decision of the assembly will be evidenced:
(i) the presiding officer will take the chair;
(ii) the clerk of the assembly will read this proclamation;
(iii) the presiding officer will invite nominations for the vacant seat
from the members of the assembly;
(iv) nominations will first be made without debate;
(v) a nomination will not be accepted by the presiding officer
unless—
(A) the nomination is seconded; and
(B) the person nominated is a person who can lawfully be chosen by the
assembly to occupy the vacancy;
(vi) when it appears that no further nominations are to be made, the
members making the nominations, the members seconding the nominations and any
other members of the assembly may speak if they desire;
(vii) when members have concluded their remarks, a ballot will be taken if
necessary;
(viii) the presiding officer will announce to the assembly the name of the
person chosen to occupy the vacant seat;
(ix) the President of the Legislative Council must be informed in writing
of the decision of the assembly and notice of the decision must be published in
the Gazette.
Made by the Governor
with the advice and consent of the Executive Council
on 5 February
2009
DPC07/029CS
[Published in the Gazette on 5 February 2009 at page 535]