Victorian Current Acts

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CONSTITUTION ACT 1975 - SECT 94F

Independence of the Electoral Commissioner

    (1)     The Electoral Commissioner appointed in accordance with the Electoral Act 2002 is an independent officer of the Parliament.

    (2)     The functions, powers, rights, immunities and obligations of the Electoral Commissioner are as specified in this section, the Electoral Act 2002 and other laws of the State.

    (3)     There are no implied functions, powers, rights, immunities or obligations arising from the Electoral Commissioner being an independent officer of the Parliament.

    (4)     The powers of the Parliament to act in relation to the Electoral Commissioner are as specified in the Electoral Act 2002 .

    (5)     There are no implied powers of the Parliament arising from the Electoral Commissioner being an independent officer of the Parliament.

    (6)     Subject to this section, the Electoral Act 2002 and other laws of the State, the Electoral Commissioner has complete discretion in the performance or exercise of his or her functions or powers.

    (7)     The Electoral Commissioner is not to be removed or suspended from office except in accordance with the provisions of sections 12 and 14 of the Electoral Act 2002 as in force immediately before the commencement of section 19 of the Constitution (Parliamentary Reform) Act 2003 or provisions substituted for those sections which have the same effect.

S. 94G inserted by No. 2/2003 s. 19.



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