Victorian Current Acts

CONSTITUTION ACT 1975 - SECT 6B

    (1)     The Lieutenant-Governor or Administrator shall, subject to this section, assume the administration of the government of the State if—

        (a)     there is a vacancy in the office of Governor; or

        (b)     the Governor has assumed the administration of the government of the Commonwealth; or

        (c)     the Governor—

              (i)     is absent from the State; or

              (ii)     is unable or unwilling to act—

and there is not a subsisting appointment of a deputy under section 6C.

    (2)     The Administrator shall not assume the administration of the government of the State unless—

        (a)     there is a vacancy in the office of Lieutenant-Governor; or

        (b)     the Lieutenant-Governor—

              (i)     is absent from the State; or

              (ii)     is unable or unwilling to act.

    (3)     The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify the Premier or, in the absence of the Premier, the Acting Premier.

    (4)     The powers and functions of the Governor vest in the Lieutenant-Governor or Administrator during the administration of the government of the State by the Lieutenant-Governor or Administrator, as the case may be.

    (5)     The Lieutenant-Governor shall cease to administer the government of the State when—

        (a)     a person is appointed to fill the vacancy in the office of Governor and has taken the required oaths or affirmations; or

        (b)     the Governor ceases to administer the government of the Commonwealth; or

        (c)     the Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Lieutenant-Governor has been notified accordingly.

    (6)     The Administrator shall cease to administer the government of the State when—

        (a)     a person is appointed to fill the vacancy in the office of Governor or Lieutenant-Governor and has taken the required oaths or affirmations; or

        (b)     the Governor ceases to administer the government of the Commonwealth; or

        (c)     the Governor or Lieutenant-Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Administrator has been notified accordingly.

    (7)     A request in writing by the Premier (or, in the absence of the Premier, the Acting Premier) that the Lieutenant-Governor or the Administrator assume the administration of the State is sufficient authority for the Lieutenant-Governor or Administrator to do so.

S. 6C
inserted by No. 108/1994 s. 4.