An Act to amend the Constitution Act 1902 with respect to the office of a Parliamentary presiding officer, and to amend consequentially the Parliamentary Remuneration Act 1989.
1 Name of Act
This Act is the Constitution Amendment (Parliamentary Presiding Officers) Act 2014.
2 Commencement
This Act commences on the date of assent to this Act.
Schedule 1 Amendment of Constitution Act 1902 No 32
[1] Section 22G President
Insert “(unless continued in office under subsection (6A))” after “ceases to be a Member of the Legislative Council” in section 22G (3) (a).
[2] Section 22G (4)
Omit the subsection. Insert instead:(4) The Standing Rules and Orders of the Legislative Council may make provision, not inconsistent with this section, for or with respect to the manner of election of the President and associated matters.
[3] Section 22G (6A)
Insert after section 22G (6):(6A) When the business of the Legislative Council is suspended under section 22F:(a) the person who was the President of the Legislative Council immediately before the suspension of business continues to be the President, anduntil the Legislative Council assembles for the dispatch of business at its first meeting following the periodic Council election.(b) the person who was the Deputy President and Chair of Committees of the Legislative Council immediately before the suspension of business continues to be the Deputy President and Chair of Committees,
[4] Section 22G (7) and (7A)
Omit section 22G (7). Insert instead:(7) Subject to subsection (5), the Deputy President and Chair of Committees of the Legislative Council:(a) acts as the President of the Legislative Council when the President is unavailable, and(b) when so acting, has and may exercise and perform all the powers, authorities, duties and functions of the President.(7A) For the purposes of subsection (7), the President is if there is a vacancy in the office of the President or if the President is absent from the State or otherwise unavailable to exercise and perform the powers, authorities, duties and functions of the President.
[5] Section 31 Speaker
Insert after section 31 (4):(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, anduntil the Legislative Assembly assembles for the dispatch of business at its first meeting following the general election.(b) the person who was the Deputy Speaker of the Legislative Assembly immediately before the dissolution or expiry continues to be the Deputy Speaker,
[6] Section 31A
Omit the section. Insert instead:31A Acting 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 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.
[7] Section 31B Manner of election of Speaker
Omit section 31B (8).
Schedule 2 Consequential amendment of Parliamentary Remuneration Act 1989 No 160
Section 16 Terms of office
Insert after section 16 (2):(3) For the purposes of this Act, a person who continues as President, or as Deputy President and Chair of Committees, of the Legislative Council under section 22G (6A) of the Constitution Act 1902 does not cease to be a member of the Legislative Council while so continuing as President or as Deputy President and Chair of Committees.(4) For the purposes of this Act, a person who continues as Speaker, or as Deputy Speaker, of the Legislative Assembly under section 31 (5) of the Constitution Act 1902 does not cease to be a member of the Legislative Assembly while so continuing as Speaker or as Deputy Speaker.