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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 20
As laid on the table and read a first time, 13 October 2004
South Australia
Constitution
(Term of Members of the Legislative Council) Amendment Bill 2004
A Bill For
An Act to amend the Constitution Act 1934.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of
Constitution Act 1934
4 Amendment of section 13—Casual
vacancies
5 Substitution of sections 14 and 15
14 Term of Legislative Councillors
6 Amendment of section 25—Continuance
of President in office after dissolution or retirement
7 Amendment of section 41—Settlement
of deadlocks
Schedule 1—Transitional provisions
1 Transitional
provision
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Constitution (Term of Members of
the Legislative Council) Amendment Act 2004.
The commencement of this Act is subject to the operation of the Referendum
(Term of Members of the Legislative Council) Act 2004 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 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)
5—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.
6—Amendment of section 25—Continuance of President in office after dissolution or retirement
Section 25(1)—delete "by periodical retirement, or"
7—Amendment of section 41—Settlement of deadlocks
(1) Section
41(1)(ii)—delete paragraph (ii)
(2) Section 41(2) and (3)—delete subsections
(2) and (3) and substitute:
(2) If
the Legislative Council and House of Assembly are so dissolved, all members of
both Houses will vacate their seats and members will be elected to supply the
vacancies so created.
Schedule 1—Transitional provisions
(1) This
Act does not affect the term of office of a member of the Legislative Council
elected at the election held on 9 February 2002 (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 to such a member as if this Act had
not been enacted.
(2) However, in relation to a member of the
Legislative Council referred to in subsection (1)—
(a) when the member is required to retire in accordance with the
provisions of the Constitution Act 1934 applying to the member; or
(b) if the Legislative Council is dissolved under
section 41 of the Constitution Act 1934,
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.