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CONSTITUTION ACT 1975
TABLE OF PROVISIONS
Preamble
1. Short title and commencement[1]
1A. Recognition of Aboriginal people
2. Existing laws
3. Laws of England to be applied in the administration of justice
4. Continuation of existing Houses
5. Definitions
5A. Definitions relating to pensions
PART I--THE CROWN
6. The Governor[3], [4]
6A. Lieutenant-Governor and Administrator[5]
6B. Administration by Lieutenant-Governor or Administrator[6]
6C. Deputy for Governor during short illness or absence[7]
6D. Oath or Affirmation[8]
6E. Offices are not agencies under Freedom of Information Act 1982
7. Appropriation for staff and other expenses of the Governor
7A. Governor's pension
7B. Election of Governor to commute future pensions for payment of superannuation contributions surcharge
7C. Actuary's first calculation after Governor's election to commute pensions
7D. Actuary's second calculation after Governor's election to commute pensions and payment of lump sum
7E. Election of former Governor to commute pensions for payment of superannuation contributions surcharge
7F. Actuary's calculation after former Governor's election to commute pensions
7G. Payment and commutation of the former Governor's pension
7H. Election of Governor's partner to commute pension for payment of superannuation contributions surcharge
7I. Actuary's calculation of reduction of pension of former Governor's partner
7J. Payment and commutation of pension of former Governor's partner
8. Convocation, prorogation and dissolution
8A. Dissolution of Assembly after a no confidence motion
9. Demise of the Crown not to dissolve Parliament
10. Certain acts not to be affected by a demise of the Crown
11. All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown
12. Exercise by the Governor of powers given to and reservation in favour of Her Majesty
13. Contracts by or on behalf of Her Majesty
14. Governor's amendments
PART II--THE PARLIAMENT
Division 1--Constitution and powers
15. Parliament
16. Legislative power of Parliament
16A. The principle of Government mandate
17. Waste lands of the Crown
18. Power for Parliament to alter this Act
Division 2--Privileges of Parliament
19. Privileges powers etc. of Council and Assembly
19A. Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses
Division 3--Summoning of Parliament. Oath of allegiance
20. Summoning of Parliament
21. Effect of summoning of Parliament
22. How in case of adjournment orders of either House shall be deemed to have been appointed
23. Oath of allegiance
Division 4--Presiding officers
24. As to term of office and power of presiding officers
Division 5--Legislative Council
25. Definitions
26. Number of members of the Council
27. Division of Victoria into 8 regions
27A. Filling of casual vacancies in the Council
28. Duration of the Council
29. Member of Assembly not capable of being member of Council
29A. Title of members
30. Resignation of members
31. Election of President
32. Quorum of Legislative Council
Division 6--Legislative Assembly
33. Definitions
34. Constitution of Assembly
35. Division of Victoria into electoral districts
36. Member of Council not capable of being member of Assembly
37. Resignation of members
38. Duration of Assembly
38A. Date of general election
39. Election of Speaker
40. Quorum of Assembly
Division 7--Provisions applicable to both the Council and the Assembly
41. Sessions of Council and Assembly
42. Quorum of Houses may act though election may have failed
43. Standing rules and orders
44. Membership of the Council and the Assembly
45. Avoidance of election of unqualified person
46. Vacation of seat
47. Member of Victorian Parliament elected to Federal Parliament
48. Qualification of electors for the Council and the Assembly
Division 8--Offices and places of profit
49. Public officers not to sit in Parliament except as mentioned
50. Salaried officers in Parliament
51. Ministers to be in Council or Assembly
52. Power of Ministers to speak in either House
53. Responsible Minister not required to vacate seat on appointment to office
54. Contractors not to be elected
55. Seats to become vacant in certain cases
56. Reference to certain contracts in last two preceding sections
57. Certain contracts excepted
58. With certain exceptions members of Parliament not to accept offices of profit under the Crown
59. Penalties for offences against this Division
60. Removal of disqualification by reason of certain naval, military or air services
61. Holders of offices etc. not to be disqualified from election to Council or Assembly
61A. Power to Houses to relieve from consequences of alleged defaults
Division 9--Provisions relating to Appropriation Bills
62. Appropriation Bills
63. Appropriation to be in pursuance of message[10]
64. Appropriation Bills
65. Annual Appropriation Bills
Division 9A--Provisions relating to disputes concerning Bills
65A. Definitions
65B. Dispute Resolution Committee
65C. Dispute Resolution
65D. Consideration of Dispute Resolution by Assembly and Council
65E. Provisions applying if dispute not resolved
65F. Provisions applying to Deadlocked Bills
65G. Joint Sitting
Division 10--Acts of Parliament
69. Date of passing of Act to be endorsed by Clerk
70. Where the time fixed by an Act for the doing of any act etc. cannot be observed
71. Where Bill for continuing Act which expires during the session does not pass
Division 11--Publication, transmission and broadcasting of Parliamentary proceedings
72. Government Printer
73. Publication of reports, proceedings etc. of either House of Parliament protected
74. Copy of authenticated report thereof
74AA. Transmission and broadcasting of Parliamentary proceedings
PART IIA--LOCAL GOVERNMENT
74A. Local government
74B. Local government laws
PART III--THE SUPREME COURT OF THE STATE OF VICTORIA
75. Supreme Court of the State of Victoria[12]
75A. Divisions of Court[13]
75B. Qualification and appointment of Judges
75C. Entry into part-time service arrangement
75D. Variation of part-time service arrangement
75E. Suspension of part-time service arrangement
75F. Termination of part-time service arrangement
76. Court to be a court of record and to have a seal
77. Commissions of Judges
78. Chief Justice
78A. Chief Justice and Judges of Court of Appeal
78B. Seniority
79. Governor in Council may appoint Acting Chief Justice
79A. Governor in Council may appoint acting President
80. Filling vacancies
80B. Additional Judges of Appeal
80C. Additional Judges of Trial Division
81. Appointment of reserve Judges
81A. Cessation of office
81B. Chief Justice may engage reserve Judge to undertake duties of Judge of the Court
81C. Powers, jurisdiction, immunities and protection of reserve Judge
81D. Pension rights and service not affected by being a reserve Judge
81E. Engaging in legal practice or other paid employment
81F. Salary, allowances and other conditions of service of reserve Judge
81G. Appropriation of certain amounts in relation to reserve Judges
81GA. Power to complete matters—Judges of the Court and reserve Judges
81H. Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
81J. Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
81K. Transitional provision—Justice Legislation Further Amendment Act 2016
82. Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court
83. As to pensions of Judges of the Supreme Court and their partners and children
83AAA. Effect of part-time service arrangement on judicial pensions
83AA. Election of Judges of the Supreme Court to commute future pensions for payment of superannuation contributions surcharge
83AB. Actuary's first calculation after election of Judges of the Court to commute pensions
83AC. Actuary's second calculation after the Judges' elections to commute pensions and payment of lump sums
83AD. Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge
83AE. Actuary's calculation after former Judges' election to commute pensions
83AF. Payment and commutation of pensions of former Judges of the Court
83AG. Election of Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
83AH. Actuary's calculation of reduction of pensions of Judges' partners and eligible children
83AI. Payment and commutation of pensions of former Judges' partners and eligible children
83A. Salaries, allowances and other conditions of service of Associate Judges
83B. Salary, allowances and other conditions of service of reserve Associate Judges
83C. Appropriation of certain amounts in relation to reserve Associate Judges
84. Judges not to hold any other place of profit
84A. Judges serving under part-time service arrangement not to engage in legal practice or other paid employment
85. Powers and jurisdiction of the Court
86. Power to Judges to award habeas corpus
87. Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances
PART IIIAA--THE JUDICIARY
Division 1--Preliminary
87AAA. Definitions
Division 2--Judicial offices
87AAB. Removal from judicial office
87AAI. Retirement
87AAJ. Abolition of judicial office
Division 3--Judicial Commission of Victoria
87AAK. Establishment of Judicial Commission
87AAL. Functions of the Judicial Commission
Division 4--Board of Judicial Commission
87AAM. Board of Judicial Commission
87AAN. Judicial members of the Board
87AAO. Appointed members of the Board
87AAP. Suspension of appointed member
87AAQ. Cessation of appointment of appointed member
Division 5--Investigating panels
87AAR. Appointment of investigating panels
87AAS. Membership of investigating panel
87AAT. Remuneration and allowances of investigating panel members
87AAU. Pension rights of investigating panel member not affected
87AAV. Establishment of pool
87AAW. Appointment of persons to pool
87AAX. Conditions for members of pool
87AAY. Cessation of appointment or removal from pool
Division 6--Judicial Commission regulations
87AAZ. Judicial Commission regulations
PART IIIA--DIRECTOR OF PUBLIC PROSECUTIONS
87AA. Definition
87AB. Appointment
87AC. Terms and conditions
87AD. Resignation
87AE. Suspension and removal from office
87AF. Pension of Director and of his or her spouse and children
PART IV--THE EXECUTIVE
87A. Executive Council[19], [20]
87B. Members of Executive Council[21]
87C. Meetings of Executive Council[22]
87D. Rules of Executive Council[23]
87E. Advice to Governor[24]
88. Appointment to public offices
88AA. Oath of office
88A. Governor in Council may order that Ministers exercise duties etc. concurrently
PART V--FINANCIAL
Division 1--Consolidated Revenue
89. Consolidated Revenue
90. Charges of collection and management
91. Her Majesty not entitled to Crown revenues
92. Power to appropriate Consolidated Revenue
93. Warrants for issue of money
Division 2--Expenses of Executive Council Legislative Council and Legislative Assembly
94. Special appropriations for expenses of Executive Council, Legislative Council and Legislative Assembly
Division 3--Auditor-General
94A. Auditor-General
94B. Independence of the Auditor-General
94C. Tenure of office
PART VA--SPECIAL PROVISIONS
94E. Independence of the Ombudsman
94F. Independence of the Electoral Commissioner
94G. Electoral Boundaries
94H. Access to information
PART VI--RELATION OF PUBLIC OFFICERS TO POLITICAL AFFAIRS
95. Officers in the public service not to take part in political affairs
PART VII--DELIVERY OF WATER SERVICES
96. Definitions
97. Delivery of water services
PART VIII--MAINTAINING THE PROHIBITIONS ON HYDRAULIC FRACTURING AND COAL SEAM GAS EXPLORATION AND MINING
98. Purpose of this Part
99. Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining
PART IX--THE SEC
100. Definitions
101. Meaning of SEC successor entity
102. Purpose of this Part
103. Parliament's legislative power constrained in relation to repealing, altering or varying this Part
104. Requirement for State to always have controlling interest
105. Objects of SEC
106. Prohibited activities
107. Certain activities void
PART X--GENERAL
108. Corporations Act displacement
SECOND SCHEDULE
SCHEDULE 3
ENDNOTES
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