South Australian Current Acts

CONSTITUTION ACT 1934 - SECT 28A

28A—Early dissolution of House of Assembly

        (1)         The Governor may dissolve the House of Assembly and issue a writ or writs for a general election on a date other than that contemplated by section 28 if and only if—

            (a)         a motion of no confidence in the government is passed in the House of Assembly; or

            (b)         a motion of confidence in the government is defeated in the House of Assembly; or

            (c)         a Bill of special importance passed by the House of Assembly is rejected by the Legislative Council; or

            (d)         the Governor is acting in pursuance of section 41.

        (2)         The Governor shall not dissolve the House of Assembly under subsection (1)(c) on the ground of the rejection by the Legislative Council of a Bill of special importance passed by the House of Assembly if more than 1 month has elapsed since the rejection of the Bill by the Legislative Council.

        (3)         Where a Bill of special importance is passed by the House of Assembly, the Speaker shall certify in the message transmitting the Bill to the Legislative Council that the Bill is such a Bill and that certification shall be conclusive for all purposes and may not be questioned.

        (4)         For the purposes of this section, a Bill of special importance shall be deemed to have been rejected by the Legislative Council if—

            (a)         the Bill is defeated on a vote taken in the Legislative Council;

            (b)         the Bill has not been passed by the Legislative Council at the expiration of 2 months from the date of the transmission of the Bill to the Legislative Council;

            (c)         the Bill is passed by the Legislative Council with an amendment or suggested amendment to which the House of Assembly disagrees and the differences between the Houses are not resolved within 1 month after the passing of the Bill by the Legislative Council.

        (5)         In this section—

"Bill of special importance" means a Bill declared by resolution of the House of Assembly, passed before, or immediately after, the third reading of the Bill in the House of Assembly, to be a Bill of special importance.