South Australian Current Acts

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CONSTITUTION ACT 1934 - SECT 78

78—The Commission

        (1)         There shall be a Commission by the name of the Electoral Districts Boundaries Commission constituted of the following members:

            (a)         the Chairman of the Commission who shall be a Judge of the Supreme Court appointed by the Chief Justice to be Chairman of the Commission; and

            (b)         the Electoral Commissioner or a person appointed pursuant to subsection (3) of this section; and

            (c)         the Surveyor-General or a person appointed pursuant to subsection (4) of this section.

        (2)         The Judge appointed by the Chief Justice under subsection (1) of this section should be the most senior puisne Judge who is available to undertake the duties of Chairman of the Commission.

        (3)         If there is no Electoral Commissioner, or the Electoral Commissioner is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient, a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, electoral matters.

        (4)         If there is no Surveyor-General, or the Surveyor-General is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, surveying.

        (5)         Where the Chairman is for the time being acting in the office of the Chief Justice any appointment to the Commission under subsection (3) or subsection (4) of this section shall be made by the puisne judge next in order of seniority after the Chairman.

        (6)         A member appointed under subsection (3) or subsection (4) of this section, may by instrument in writing addressed to the Governor resign the member's office.

        (7)         The members of the Commission (other than the Chairman) are entitled to remuneration determined by the Remuneration Tribunal.



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