An Act to amend the Constitution Act 1902 in relation to the vacation of seats of Members of Parliament following conviction for certain offences.
1 Name of Act
This Act is the Constitution Amendment Act 2000.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Constitution Act 1902 No 32
The Constitution Act 1902 is amended as set out in Schedule 1.
4 Transitional
Section 13A of the Constitution Act 1902, as amended by this Act, applies in relation to convictions pronounced after the commencement of this Act for infamous crimes or offences committed whether before or after that commencement.
Schedule 1 Amendments
(Section 3)
[1] Section 13A Further disqualifications
Insert “and is the subject of the operation of subsection (2),” after “more,” in section 13A (e).
[2] Section 13A (2)–(5)
Insert at the end of section 13A:(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lodged within the prescribed period, or(c) such an appeal has been lodged within the prescribed period but has been withdrawn, or has lapsed, without being determined, and no other appeal lodged within the prescribed period is pending.(3) Nothing in this section affects any power that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.