South Australian Current Acts

CONSTITUTION ACT 1934 - SECT 45

45—Disqualification of members holding offices of profit

        (1)         If any member of the Parliament accepts any office of profit or pension from the Crown, during pleasure, excepting those offices which are required by or under this Act or any other Act to be held by members of Parliament, the member's seat shall be thereupon and is hereby declared to be vacant.

        (1a)         Subsection (1) does not prevent a member of Parliament from accepting office as a Minister of the Crown or as a Parliamentary Secretary to a Minister, or a Minister of the Crown from accepting an appointment to act in the office of another Minister.

        (2)         If a candidate for election as a member of Parliament holds an office of profit from the Crown the candidate shall, unless he or she resigns that office before the date of the declaration of poll, be incapable of being elected.