Division 1General
provisions
10Time and place for holding
sessions of Parliament
The Governor may fix the time and place for
holding every Session of the Legislative Council and Assembly, and may change
or vary such time or place as he may judge advisable and most consistent with
general convenience and the public welfare, giving sufficient notice
thereof.
s 10: Am 1995 No 1,
Sch 1 (2); 2011 No 3, sec 3 (1).
10AProrogation of
Parliament
(1)
The Governor may, by proclamation, prorogue the
Legislative Council and Assembly whenever the Governor considers it expedient
to do so (subject to this section and section 24B).
(2)
The Premier or Executive Council may not advise
the Governor to prorogue the Legislative Council and Assembly on a date that
is before 26 January in the calendar year in which the Legislative Assembly is
due to expire and that is after the fourth Saturday in the preceding
September.
s 10A: Ins 2011 No 3,
sec 3 (2).
11One session of Parliament to
be held in each year
There shall be a Session of the Legislative
Council and Assembly once at least in every year, so that a period of twelve
months shall not intervene between the last sitting of the Legislative Council
and Assembly in one Session and the first sitting of the Legislative Council
and Assembly in the next Session.
11AElections to be held pursuant
to writs
Every general election of Members of the
Legislative Assembly and every periodic Council election shall be held
pursuant to writs issued by the Governor.
s 11A: Ins 1978 No
75, Sch 1 (6).
11BCompulsory
voting
A person who is entitled to vote at a periodic
Council election or the election of a Member of the Legislative Assembly shall
vote at the election and if he does not do so shall be liable to such penalty
as may be provided by law.
s 11B: Ins 1979 No
38, Sch 1 (4).
12No Member to sit or vote until
pledge of loyalty or oath of allegiance taken
(1)
A Member of the Legislative Council or the
Legislative Assembly is not permitted to sit or vote in the House to which the
Member has been elected until the Member has taken the pledge of loyalty or
oath of allegiance before the Governor or other person authorised by the
Governor for that purpose.
(2)
The pledge of loyalty is to be in the following
form:
Under God, I pledge my loyalty to Australia and
to the people of New South Wales.
(3)
A Member may omit the words “Under
God” when taking the pledge of loyalty.
(4)
The oath of allegiance is to be in the following
form (with the name of the reigning Sovereign substituted, where
appropriate):
I swear that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors
according to law. So help me God.
(4A)
A Member may, instead of taking an oath of
allegiance, make an affirmation to the same effect.
(4B)
It is not necessary for a Member who has taken or
made an oath or affirmation of allegiance to take or make that oath or
affirmation again after any demise of the Crown, including by or on
abdication.
(5)
This section applies only to Members elected
after the commencement of the Constitution
Amendment (Pledge of Loyalty) Act
2006.
s 12: Am 1936 No 55,
sec 2 (b); 1984 No 153, Sch 16. Subst 2006 No 6, Sch 1 [1]. Am 2012 No 33, Sch
1 [1] [2].
13Disqualifications
(1)
Any person who directly, or indirectly, himself,
or by any person whatsoever in trust for him or for his use or benefit or on
his account, undertakes, executes, holds, or enjoys in the whole or in part
any contract or agreement for or on account of the Public Service of New South
Wales shall be incapable of being elected or of sitting or voting as a Member
of the Legislative Council or Legislative Assembly during the time he
executes, holds or enjoys any such contract or any part or share thereof or
any benefit or emolument arising from the same.
(2)
If any person being a Member of such Council or
Assembly enters into any such contract or agreement, or, having entered into
it, continues to hold it, his seat shall be declared by the said Legislative
Council or Legislative Assembly, as the case may require, to be vacant, and
thereupon the same shall become and be vacant
accordingly.
(3)
Provided that nothing in subsection (1) or (2)
contained shall extend to any contract or agreement made, entered into, or
accepted by any incorporated company, or any trading company consisting of
more than twenty persons, where such contract or agreement is made, entered
into, or accepted, for the general benefit of such incorporated or trading
company.
(4)
It is hereby declared that nothing in subsection
(1) or (2) extends to:
(a)
a contract or agreement for or in respect of a
loan to the Treasurer or to a body authorised to borrow by Act of
Parliament,
(b)
a contract or agreement the benefit or burden of
which or any interest in which devolves upon a person:
(i)
as beneficiary under a will or as a person
entitled to share in the estate of an intestate—until he has been in
possession of the benefit, burden or interest, as the case may be, for one
year from the date of commencement of the Constitution (Amendment) Act
1962 or from the date of the devolution, whichever is the
later date,
(ii)
as executor, administrator or trustee—until
he has been in possession of the benefit, burden or interest, as the case may
be, for three years from the date of commencement of the Constitution (Amendment)
Act 1962 or from the date of the devolution, whichever is
the later date,
(c)
a compromise or settlement in respect of
compensation or other money payable by Her Majesty or a statutory body
representing Her Majesty,
(d)
a lease, licence for occupation, sale, purchase
or exchange of land, or a contract or agreement for such a lease, sale,
purchase or exchange or for the occupation of land or for an easement; or a
gift or an agreement for a gift by any person of land to or for Her Majesty or
a statutory body representing Her Majesty,
(e)
a contract or agreement for the supply or
provision by or to or for Her Majesty or a statutory body representing Her
Majesty of goods, wares or merchandise or services (including the provision of
insurance or indemnity) where the goods, wares or merchandise or services
(including the provision of insurance or indemnity) are supplied or provided
on the like terms as those on which they are ordinarily supplied or provided
to members of the public,
(f)
a loan by Her Majesty or a statutory body
representing Her Majesty to any person upon the security of a mortgage, bill
of sale, lien or other security upon and subject to the like terms as those
ordinarily imposed by Her Majesty or the statutory body on loans made to
members of the public.
Notice of any such compromise or settlement as is
referred to in paragraph (c) that takes place after the commencement of the
Constitution (Amendment) Act 1962 shall
be published in the Gazette within two months from the date of the compromise
or settlement, as the case may be.
(4A)
Nothing in:
(a)
subsection (1) applies so as to prevent a person
who holds an office of profit under the Crown or has a pension from the Crown
during pleasure or for a term of years from being elected or of sitting or
voting as a Member of either House of Parliament, or
(b)
subsection (2) requires or permits the seat of a
Member of either House of Parliament who accepts such an office or such a
pension to be declared to be, or to become or be,
vacant,
by reason only of his holding or accepting that office
of profit or his having or accepting that pension.
(4B)
In subsection (4A), office of
profit under the Crown includes any office or place of
profit under the Crown which, by any Act, is declared or deemed not to be an
office or place of profit under the Crown for the purposes of any Act or of
this Act, whether in those terms or in terms to the like
effect.
(4C)
Nothing in:
(a)
subsection (1) applies so as to prevent a person
from being elected or from sitting or voting as a Member of either House of
Parliament, or
(b)
subsection (2) requires or permits the seat of a
Member of either House of Parliament to be declared to be, or to become or be,
vacant,
on the ground that he or she elects or agrees to be
provided with, or receives, employment benefits (including salary sacrifice
contributions for superannuation) under the Parliamentary
Remuneration Act 1989 or any other
Act.
(5)
In this section, statutory
body representing Her Majesty includes any statutory body
that is part of, or that exercises any function that is a function of, the
Public Service of New South Wales.
s 13: Am 1933 No 2,
sec 4 (4); 1962 No 39, sec 2 (a); 1980 No 13, Sch 1 (1); 2009 No 62, Sch
2.1.
13AFurther
disqualifications
(1)
If a Member of either House of Parliament:
(a)
fails for one whole Session of the Legislative
Council and Assembly to give his attendance in the House of which he is a
Member, unless excused in that behalf by the permission of that House entered
upon its journals,
(b)
takes any oath or makes any declaration or
acknowledgment of allegiance, obedience or adherence to any foreign prince or
power or does or concurs in or adopts any act whereby he may become a subject
or citizen of any foreign state or power or become entitled to the rights,
privileges or immunities of a subject of any foreign state or
power,
(c)
becomes bankrupt or takes the benefit of any law
for the relief of bankrupt or insolvent debtors,
(d)
becomes a public defaulter,
or
(e)
is convicted of an infamous crime, or of an
offence punishable by imprisonment for life or for a term of 5 years or more,
and is the subject of the operation of subsection
(2),
his seat as a Member of that House shall thereby become
vacant.
(2)
For the purposes of subsection (1) (e), a Member
is the subject of the operation of this subsection if:
(a)
the Member has not lodged an appeal against the
conviction within the prescribed period, or
(b)
the conviction has not been quashed on the
determination of an appeal or appeals lodged within the prescribed period,
or
(c)
such an appeal has been lodged within the
prescribed period but has been withdrawn, or has lapsed, without being
determined, and no other appeal lodged within the prescribed period is
pending.
(3)
Nothing in this section affects any power that a
House has to expel a Member of the House.
(4)
An appeal is taken to have lapsed when a court
makes a declaration to that effect or relevant rules of court treat the appeal
as having lapsed.
(5)
In this section:
appeal includes a notice of appeal
and an application for leave to appeal, and any appeal lodged pursuant to such
a notice or pursuant to leave granted on such an application.
prescribed period, in relation to an
appeal, means the period within which the appeal may be lodged, but does not
include any extension of a period which a court may grant.
quash a conviction means quash or
otherwise set aside the conviction.
s 13A: Ins 1978 No
75, Sch 1 (7). Am 1999 No 94, Sch 4.90; 2000 No 30, Sch 1 [1]
[2].
13BOffice of profit or pension
from Crown
(1)
A person:
(a)
holding an office of profit under the Crown,
or
(b)
having a pension from the Crown during pleasure
or for a term of years,
shall not, if he is elected as a Member of either House
of Parliament, be capable of sitting and voting as a Member of the House to
which he is elected, and his seat as a Member shall become vacant, after the
expiration of the period commencing with his election and ending on the
expiration of 7 sitting days of that House after notice of his holding that
office or having that pension has been given to that House in accordance with
its Standing Rules and Orders, unless that House has previously passed a
resolution indicating that it is satisfied that that person has ceased to hold
that office or, as the case may be, that the right of that person to that
pension has ceased or is suspended while he is a Member of that
House.
(2)
If a Member of either House of Parliament accepts
any office of profit under the Crown or pension from the Crown during pleasure
or for a term of years, his seat as a Member of that House shall become vacant
upon the expiration of the period commencing with his acceptance of the office
or the pension and ending on the expiration of 7 sitting days of that House
after notice of his accepting that office or pension has been given to that
House in accordance with its Standing Rules and Orders, unless that House has
previously passed a resolution indicating that it is satisfied that that
Member has ceased to hold that office or, as the case may be, that the right
of that Member to that pension has ceased or is suspended while he is a Member
of that House.
(3)
Notwithstanding subsection (1) or (2):
(a)
a person:
(i)
who holds or accepts the office of Minister of
the Crown or any office of profit under the Crown created by an Act as an
office of the Executive Government,
(ii)
who holds or accepts an office of profit under
the Crown in respect of which he is not entitled to any remuneration, except
either fees payable to him, as a member of a body, in respect of his
attendance at meetings of that body or an allowance for reasonable expenses
incurred or to be incurred in carrying out the duties of the office, or both
those fees and such an allowance,
(iii)
who holds or accepts an office of profit under
the Crown, other than the Crown in right of the State of New South Wales, but
not being an office as a member of any legislature of a country other than New
South Wales, or
(iv)
who has or accepts a pension, referred to in
subsection (1) (b) or (2), from the Crown, other than the Crown in right of
the State of New South Wales,
shall be capable of being elected and of sitting and
voting as a Member of either House of Parliament,
(b)
a person who holds or accepts the office of
Vice-President of the Executive Council shall be capable of being elected and
of sitting and voting as a Member of either House of Parliament,
and
(c)
a person who holds or accepts the office of
Parliamentary Secretary shall be capable of being elected and of sitting and
voting as a Member of either House of Parliament.
(4)
For the purposes of subsections (1) and (2),
sitting days shall be counted, whether or not they occur during the same
session of Parliament.
s 13B: Ins 1978 No
75, Sch 1 (7). Am 1980 No 13, Sch 1 (2); 1987 No 64, Sch 1 (4); 1988 No 2, Sch
1 (1).
13CMember of one House ineligible
for other
A Member of either House of Parliament shall not
be capable of being elected or of sitting or voting as a Member of the other
House.
s 13C: Ins 1978 No
75, Sch 1 (7).
13DAbatement of salary of Members
receiving pension or superannuation as public servants
A Member of either House of Parliament in receipt
of any allowance or pension granted under any Act authorising the grant of
superannuation allowances or pensions to officers in the Public Service shall
be entitled to the salary authorised by the Parliamentary Remuneration Tribunal
Act 1975, subject to its abatement by the amount he
receives or is entitled to as that allowance or pension.
s 13D: Ins 1978 No
75, Sch 1 (7).
14Summons or election of
disqualified persons
(1)
If any person by this Act, except section 13B,
disabled or declared to be incapable to sit or vote in the Legislative Council
or Legislative Assembly is, nevertheless, elected and returned as a Member to
serve in the said Council or the said Assembly, such election and return shall
be declared by the said Council and Assembly, as the case may require, to be
void, and thereupon the same shall become and be void to all intents and
purposes whatsoever.
(2)
If any person under any of the disqualifications
mentioned in section 13 presumes, whilst so disqualified, to sit or vote as a
Member of the said Council or Assembly, such person shall forfeit the sum of
one thousand dollars to be recovered by any person who sues for the same in
the Supreme Court of New South Wales.
s 14: Am 1933 No 2,
sec 4 (5); 1978 No 75, Sch 1 (8); 1980 No 13, Sch 1 (3).
14ADisclosure of pecuniary
interests and other matters by Members
(1)
The Governor may, subject to subsections (4) and
(5), make regulations for or with respect to:
(a)
the disclosure by Members of either House of
Parliament of all or any of the following pecuniary interests or other
matters:
(i)
real or personal property,
(ii)
income,
(iii)
gifts,
(iv)
financial or other contributions to any
travel,
(v)
shareholdings or other beneficial interests in
corporations,
(vi)
partnerships,
(vii)
trusts,
(viii)
positions (whether remunerated or not) held in,
or membership of, corporations, trade unions, professional associations or
other organisations or associations,
(ix)
occupations, trades, professions or
vocations,
(x)
debts,
(xi)
payments of money or transfers of property to
relatives or other persons by, or under arrangements made by,
Members,
(xii)
any other direct or indirect benefits, advantages
or liabilities, whether pecuniary or not, of a kind specified in the
regulations,
(b)
prescribing the manner in which, and the times at
which, pecuniary interests or other matters shall be disclosed and providing
for the verification by statutory declaration or otherwise of any such
disclosure, and
(c)
the compilation and maintenance of registers of
pecuniary interests or other matters disclosed by Members of either House of
Parliament and the inspection and publication of any such
register.
(2)
If a Member of either House of Parliament
wilfully contravenes any regulation made under subsection (1), that House may,
in accordance with subsection (3), declare his seat vacant and the seat of the
Member shall thereupon become vacant.
(3)
A declaration under subsection (2) shall:
(a)
specify the circumstances that constitute the
contravention,
(b)
declare that the House is of the opinion that the
contravention is of such a nature as to warrant the seat of the Member being
declared vacant, and
(c)
be made in accordance with such Standing Rules
and Orders of the House as may regulate the making of the
declaration.
(4)
A regulation shall not be made under subsection
(1) for or with respect to the disclosure by Members of either House of
Parliament of pecuniary interests or other matters unless it applies in the
same way to the disclosure by Members of the other House of Parliament of
pecuniary interests or other matters.
(5)
The Governor shall, before making a regulation
under subsection (1):
(a)
afford any committee of either House of
Parliament established for the purpose an opportunity of considering and
making representations with respect to the proposed regulation,
and
(b)
take into account any such
representations.
(6)
Notwithstanding anything to the contrary in the
Interpretation Act 1987 or any other
Act, a regulation made under subsection (1), or any part thereof, shall not
cease to have effect upon its disallowance by either House of Parliament
unless it has previously been disallowed by the other House of
Parliament.
(7)
The publication, pursuant to any regulation made
under subsection (1), of a register of pecuniary interests or other matters
disclosed by Members of either House of Parliament shall, for the purposes of
the Parliamentary Papers (Supplementary Provisions) Act
1975, be deemed to have been authorised by that
House.
s 14A: Ins 1981 No
103, Sch 1 (2). Am 1987 No 48, Sch 32.
15Standing Rules and Orders to
be laid before Governor
(1)
The Legislative Council and Legislative Assembly
shall, as there may be occasion, prepare and adopt respectively Standing Rules
and Orders regulating:
(a)
the orderly conduct of such Council and Assembly
respectively, and
(b)
the manner in which such Council and Assembly
shall be presided over in case of the absence of the President or the Speaker,
and
(c)
the mode in which such Council and Assembly shall
confer, correspond, and communicate with each other relative to Votes or Bills
passed by, or pending in, such Council and Assembly respectively,
and
(d)
the manner in which Notices of Bills, Resolutions
and other business intended to be submitted to such Council and Assembly
respectively at any Session thereof may be published for general information,
and
(e)
the proper passing, entitling, and numbering of
the Bills to be introduced into and passed by the said Council and Assembly,
and
(f)
the proper presentation of the same to the
Governor for His Majesty’s Assent, and
(g)
any other matter that, by or under this Act, is
required or permitted to be regulated by Standing Rules and
Orders.
(2)
Such Rules and Orders shall by such Council and
Assembly respectively be laid before the Governor, and being by him approved
shall become binding and of force.
s 15: Am 1981 No 103,
Sch 1 (3).
Division 3Special provisions relating to
the Legislative Assembly
23Convocation of
Assembly
The Governor may, as occasion requires, by
proclamation or otherwise, summon and call together a Legislative
Assembly.
s 23: Am 1987 No 64,
Sch 1 (5).
24Duration of
Assembly
(1)
A Legislative Assembly shall, unless sooner
dissolved under section 24B, expire on the Friday before the first Saturday in
March in the fourth calendar year after the calendar year in which the return
of the writs for choosing that Assembly occurred.
(2)
In this section, a reference to a writ does not
include a reference to a writ issued because of the failure of an election,
including a failure of an election because of its being declared void in
accordance with law.
s 24: Am 1981 No 102,
Sch 1 (2). Subst 1995 No 1, Sch 1 (3).
24ADate of general election for
Legislative Assembly
The writs for a general election of Members of
the Legislative Assembly must name as the day for the taking of the poll at
that general election:
(a)
if the previous Legislative Assembly
expired—the fourth Saturday in March next following the expiry,
or
(b)
if the previous Legislative Assembly was
dissolved—a day that is not later than the fortieth day from the date of
the issue of the writs.
s 24A: Ins 1950 No
33, sec 2. Rep 1981 No 102, Sch 1 (3). Ins 1995 No 1, Sch 1
(4).
24BDissolution of Legislative
Assembly during 4 year term
(1)
The Legislative Assembly may be dissolved by the
Governor by proclamation, but only in the circumstances authorised by this
section.
(2)
The Legislative Assembly may be dissolved
if:
(a)
a motion of no confidence in the Government is
passed by the Legislative Assembly (being a motion of which not less than 3
clear days’ notice has been given in the Legislative Assembly),
and
(b)
during the period commencing on the passage of
the motion of no confidence and ending 8 clear days thereafter, the
Legislative Assembly has not passed a motion of confidence in the then
Government.
After the motion of no confidence is passed, the
Legislative Assembly may not be prorogued before the end of that 8-day period
and may not be adjourned for a period extending beyond that 8-day period,
unless the motion of confidence has been passed.
(3)
The Legislative Assembly may be dissolved if
it:
(a)
rejects a Bill which appropriates revenue or
moneys for the ordinary annual services of the Government,
or
(b)
fails to pass such a Bill before the time that
the Governor considers that the appropriation is
required.
This subsection does not apply to a Bill which
appropriates revenue or moneys for the Legislature only.
(4)
The Legislative Assembly may be dissolved within
2 months before the Assembly is due to expire if the general election would
otherwise be required to be held during the same period as a Commonwealth
election, during a holiday period or at any other inconvenient
time.
(5)
This section does not prevent the Governor from
dissolving the Legislative Assembly in circumstances other than those
specified in subsections (2)–(4), despite any advice of the Premier or
Executive Council, if the Governor could do so in accordance with established
constitutional conventions.
(6)
When deciding whether the Legislative Assembly
should be dissolved in accordance with this section, the Governor is to
consider whether a viable alternative Government can be formed without a
dissolution and, in so doing, is to have regard to any motion passed by the
Legislative Assembly expressing confidence in an alternative Government in
which a named person would be Premier.
s 24B: Ins 1995 No 1,
Sch 1 (4).
25Number of Members of
Legislative Assembly
Every Legislative Assembly shall consist of 93
Members.
s 25: Rep 1978 No 75,
Sch 1 (10). Ins 1979 No 38, Sch 1 (5). Am 1986 No 57, sec 2 (1)–(3);
1990 No 17, Sch 1; 1997 No 88, Sch 1 [1].
26Single Member
electorates
Each Member of a Legislative Assembly shall be
elected to represent one electoral district only.
s 26: Am 1975 No 67,
sec 7 (b). Rep 1978 No 75, Sch 1 (11). Ins 1979 No 38, Sch 1
(5).
27Distribution of New South
Wales into electoral districts
(1)
A distribution of New South Wales into electoral
districts shall be made:
(a)
forthwith after the date of assent to the Constitution
(Amendment) Act 1979,
(b)
forthwith after the enactment of any Act for the
alteration of the number of Members of the Legislative
Assembly,
(c)
forthwith after a general election of Members of
the Legislative Assembly if the next previous distribution applied for the
purpose of that general election and the next previous such general election,
and
(d)
at such additional times as may be provided by
law.
(2)
The number of electoral districts into which New
South Wales shall be distributed upon any such distribution shall be the
number that is equal to the number, provided by law, of Members of the
Legislative Assembly to be returned at the general election of Members of the
Legislative Assembly to be held next after that
distribution.
s 27: Am 1906 No 41,
sec 60; 1912 No 41, sec 187; 1975 No 67, sec 7 (c). Rep 1978 No 75, Sch 1
(12). Ins 1979 No 38, Sch 1 (5).
28Number of voters in electoral
districts
Upon any distribution of New South Wales into
electoral districts, the boundaries of each proposed electoral district shall
be so determined that, at the time the distribution is made, the number of
persons entitled to vote at a general election of Members of the Legislative
Assembly in each proposed electoral district is equal to the quotient obtained
by dividing the number of persons entitled at that time to vote at any such
general election in all of the proposed electoral districts by the number of
those proposed electoral districts, but subject to a margin of allowance not
exceeding 10 per cent more or less of that quotient.
s 28: Am 1906 No 41,
sec 61; 1912 No 19, sec 2; 1912 No 41, sec 188; 1920 No 20, sec 2; 1922 No 2,
sec 2; 1925 No 6, sec 2; 1930 No 8, sec 2; 1932 No 48, sec 3; 1938 No 18, sec
2; 1947 No 28, sec 2 (1); 1951 No 63, sec 2 (b); 1956 No 22, sec 3 (a); 1959
No 36, sec 2 (a); 1963 No 36, sec 2 (b); 1966 No 29, sec 2 (c); 1969 No 41,
sec 2 (b); 1971 No 52, sec 2 (b); 1974 No 7, sec 3 (b); 1975 No 2, sec 3 (b).
Rep 1975 No 25, sec 15 (2) (a). Ins 1979 No 38, Sch 1 (5).
28ASpecial distribution to
maintain equal number of voters in each electoral
district
(1)
A distribution of New South Wales into electoral
districts shall be made forthwith after more than one-quarter of the number of
electoral districts has been malapportioned for a period of more than 2
months.
(2)
For the purposes of this section, an electoral
district is malapportioned at any particular time if the number of persons
then entitled to vote at a general election of Members of the Legislative
Assembly in the electoral district differs from the average electoral district
enrolment at that time to a greater extent than 5 per cent more or
less.
(3)
The average electoral district enrolment is the
quotient obtained by dividing the number of persons entitled to vote at a
general election of Members of the Legislative Assembly in all electoral
districts by the number of those districts.
(4)
A distribution shall not be made under this
section if:
(a)
the distribution would commence within 1 year
before the expiry of the Legislative Assembly by the effluxion of time,
or
(b)
a distribution has already been made since the
last general election of Members of the Legislative Assembly (whether under
this section or not), or
(c)
a distribution is required to be made apart from
this section.
s 28A: Ins 1956 No
22, sec 3 (b). Am 1971 No 52, sec 2 (c). Rep 1975 No 25, sec 15 (2) (a). Ins
1990 No 111, sec 3.
29Conduct of Legislative
Assembly elections
(1)
Elections of Members of the Legislative Assembly
shall be conducted in accordance with the provisions of the Seventh
Schedule.
(2)
Subsection (1) does not limit the power of the
Legislature to make laws (being laws that do not expressly or impliedly repeal
or amend any of the provisions of the Seventh Schedule and are not
inconsistent with any of those provisions) for or with respect to the conduct
of elections of Members of the Legislative Assembly.
s 29: Am 1956 No 22,
sec 3 (c); 1966 No 29, sec 2 (d); 1968 No 60, sec 2 (b); 1975 No 25, sec 15
(2) (b)–(e); 1975 No 67, sec 7 (d). Rep 1978 No 75, Sch 1 (13). Ins 1979
No 38, Sch 1 (5).
30Assembly may proceed to
business although writs not exceeding five shall not have been
returned
Upon any general election the Legislative
Assembly shall be competent to proceed to the dispatch of business at the time
appointed by the Governor for that purpose notwithstanding that any of the
writs of election (not exceeding five) have not been returned, or that in any
of the electoral districts the electors have failed to elect a Member to serve
in the said Assembly.
31Speaker
(1)
There shall be a Speaker of the Legislative
Assembly, who is the Presiding Officer of the Legislative Assembly and is
recognised as its independent and impartial
representative.
(2)
The Members of the Legislative Assembly shall
upon the first assembling after every general election proceed forthwith to
elect one of their number to be Speaker, and in case of his death,
resignation, or removal by a vote of the said Legislative Assembly, the said
Members shall forthwith proceed to elect another of such Members to be such
Speaker.
(3)
The Speaker so elected shall preside at all
meetings of the said Legislative Assembly except as may be provided by the
Standing Rules and Orders herein authorised to be made.
(4)
The Speaker may, when not presiding:
(a)
take part in any debate or discussion,
and
(b)
vote on any question,
which may arise in the Legislative
Assembly.
(5)
When the Legislative Assembly is dissolved or
expires:
(a)
the person who was the Speaker of the Legislative
Assembly immediately before the dissolution or expiry continues to be the
Speaker, and
(b)
the person who was the Deputy Speaker of the
Legislative Assembly immediately before the dissolution or expiry continues to
be the Deputy Speaker,
until the Legislative Assembly assembles for the
dispatch of business at its first meeting following the general
election.
s 31: Am 1978 No 75,
Sch 1 (14); 1992 No 106, Sch 1 (2); 2007 No 31, Sch 1 [1]; 2014 No 61, Sch 1
[5].
31AActing
Speaker
(1)
Subject to section 31 (3), the Deputy Speaker of
the Legislative Assembly:
(a)
acts as the Speaker of the Legislative Assembly
when the Speaker is unavailable, and
(b)
when so acting, has and may exercise and perform
all the powers, authorities, duties and functions of the
Speaker.
(2)
For the purposes of this section, the Speaker is
unavailable if there is a vacancy in
the office of the Speaker or if the Speaker is absent from the State or
otherwise unavailable to exercise and perform the powers, authorities, duties
and functions of the Speaker.
(3)
Without limiting the generality of this section,
the Deputy Speaker of the Legislative Assembly, while acting as the Speaker
under this section, is taken to be the Speaker for the purposes of section 71
of the Parliamentary Electorates and
Elections Act 1912.
s 31A: Ins 1936 No 1,
sec 2. Am 1999 No 31, Sch 1.7. Subst 2014 No 61, Sch 1 [6].
31BManner of election of
Speaker
(1)
The election of the Speaker shall be conducted by
secret ballot. A ballot is not required if only one candidate is validly
nominated, and that candidate shall be declared elected.
(2)
Nominations shall be made in writing, and the
identity of the nominators and seconders shall not be disclosed by the Clerk
of the Legislative Assembly or other person presiding at the election. A
nomination is not validly made unless the person nominated accepts nomination,
by endorsement on the instrument of nomination.
(3)
Nominations shall not be closed until a
reasonable opportunity has been given for the Members of the Legislative
Assembly desiring to do so to make nominations. Further nominations may not be
made between ballots.
(4)
The candidates with the smallest number of votes
shall be successively withdrawn one by one, and a fresh ballot shall take
place after each withdrawal, until one candidate receives the votes of at
least two-thirds of the number of Members of the Legislative Assembly for the
time being or (if there are only two candidates validly nominated or there are
only two candidates left) a majority of the number of Members voting at that
ballot. That candidate shall be declared elected.
(5)
If there is an equality of votes among the
candidates with the smallest number of votes, the ballot shall be taken again,
and if again there is such an equality of votes, the Clerk of the Legislative
Assembly or other person presiding at the election shall determine, by lot,
which of the candidates with the same number of votes shall be withdrawn, as
if that candidate had received the smallest number of
votes.
(6)
If there are only two candidates validly
nominated or there are only two candidates left, and if there is an equality
of votes among the two candidates, the ballot shall be taken again, and if
again there is an equality of votes, the Clerk of the Legislative Assembly or
other person presiding at the election shall determine, by lot, which of the
candidates is taken to have received the smaller number of votes. The other
candidate shall be declared elected.
(7)
The Standing Rules and Orders of the Legislative
Assembly may make provision, not inconsistent with this section, for or with
respect to the manner of election of the Speaker and associated
matters.
(8)
s 31B: Ins 1992 No
106, Sch 1 (3). Am 2014 No 61, Sch 1 [7].
32Quorum and determination of
questions
(1)
The presence of at least twenty Members of the
Legislative Assembly, exclusive of the Member presiding, shall be necessary to
constitute a meeting of the said Assembly for the dispatch of
business.
(2)
All questions which may arise in the Legislative
Assembly shall be decided by the majority of the votes of the Members present
other than the Member presiding, and when the votes are equal the Member
presiding shall have a casting vote.
s 32: Am 2007 No 31,
Sch 1 [2] [3].
33Resignation of seats in the
Assembly
Any Member of the Legislative Assembly may, by
writing under his hand, addressed to the Speaker, resign his seat therein, and
upon the receipt of such resignation by the Speaker, the seat of such Member
shall become vacant.
34
s 34: Rep 1978 No 75,
Sch 1 (15).