New South Wales Consolidated Acts

CONSTITUTION ACT 1902

- As at 1 July 2024 
- Act 32 of 1902 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Recognition of Aboriginal people
   3.      Interpretation
   4.      Application of Act

   PART 2 - POWERS OF THE LEGISLATURE

   5.      General legislative powers
   5A.     Disagreement between the two Houses--appropriation for annual services
   5B.     Disagreements--referendum
   5C.     Words of enactment
   6.      (Repealed)
   7.      Power to alter constitution of Legislative Council or Legislative Assembly
   7A.     Referendum for Bills with respect to Legislative Council and certain other matters
   7B.     Referendum for Bills with respect to Legislative Assembly and certain other matters
   8.      (Repealed)
   8A.     Assent to Bills

   PART 2A - THE GOVERNOR

   9.      Meaning of "unavailable"
   9A.     Appointment of Governor
   9B.     Appointment of Lieutenant-Governor and Administrator
   9C.     Administration of government by Lieutenant-Governor or Administrator
   9D.     Deputy for Governor during short illness or absence
   9E.     Oaths or Affirmations of Allegiance and of Office
   9F.     Letters Patent and Instructions cease to have effect
   9G.     Continuation of existing Commissions, appointments etc
   9H.     Public Seal of the State
   9I.     Governor's salary

   PART 3 - THE LEGISLATIVE COUNCIL AND LEGISLATIVE ASSEMBLY

           Division 1 - General provisions

   10.     Time and place for holding sessions of Parliament
   10A.    Prorogation of Parliament
   11.     One session of Parliament to be held in each year
   11A.    Elections to be held pursuant to writs
   11B.    Compulsory voting
   12.     No Member to sit or vote until pledge of loyalty or oath of allegiance taken
   13.     Disqualifications
   13A.    Further disqualifications
   13B.    Office of profit or pension from Crown
   13C.    Member of one House ineligible for other
   13D.    Abatement of salary of Members receiving pension or superannuation as public servants
   14.     Summons or election of disqualified persons
   14A.    Disclosure of pecuniary interests and other matters by Members
   15.     Standing Rules and Orders to be laid before Governor

           Division 2 - Special provisions relating to the Legislative Council

   16.     Definitions
   17.     Reconstitution of the Legislative Council
           17A-21. (Repealed)
   22.     Eligibility to vote at periodic Council elections
   22A.    Conduct of periodic Council elections
   22B.    Term of service of Members of Legislative Council
   22C.    (Repealed)
   22D.    Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses
   22E.    Members elected at joint sittings of both Houses of Parliament
   22F.    Suspension of Legislative Council business for general election of the Legislative Assembly
   22G.    President
   22H.    Quorum
   22I.    Determination of questions
   22J.    Resignation of seats in the Legislative Council

           Division 3 - Special provisions relating to the Legislative Assembly

   23.     Convocation of Assembly
   24.     Duration of Assembly
   24A.    Date of general election for Legislative Assembly
   24B.    Dissolution of Legislative Assembly during 4 year term
   25.     Number of Members of Legislative Assembly
   26.     Single Member electorates
   27.     Distribution of New South Wales into electoral districts
   28.     Number of voters in electoral districts
   28A.    Special distribution to maintain equal number of voters in each electoral district
   29.     Conduct of Legislative Assembly elections
   30.     Assembly may proceed to business although writs not exceeding five shall not have been returned
   31.     Speaker
   31A.    Acting Speaker
   31B.    Manner of election of Speaker
   32.     Quorum and determination of questions
   33.     Resignation of seats in the Assembly
   34.     (Repealed)

   PART 4 - THE EXECUTIVE

           Division 1 - Preliminary

   35.     Definitions
   35A.    Preservation of certain conventions etc relating to advice to Governor

           Division 2 - The Executive Council

   35B.    Continuation of Executive Council
   35C.    Members of the Executive Council
   35CA.   Executive Councillor's pledge of loyalty or oath of allegiance and oath of office
   35D.    Meetings of the Executive Council

           Division 3 - Appointment of Ministers of the Crown

   35E.    Appointment of Ministers
   35F.    (Repealed)

           Division 4 - Functions of Ministers of the Crown

   36.     Authority for Minister of the Crown to act for and on behalf of another Minister of the Crown
   37.     Unavailability of Minister of the Crown
   37A.    Provisions ancillary to sections 36 and 37
   38.     Limitation as to exercise of Attorney-General's functions
   38A.    Powers of Ministers to speak in Legislative Council

   PART 4A - PARLIAMENTARY SECRETARIES

   38B.    Appointment of Parliamentary Secretaries
   38C.    Functions of Parliamentary Secretary
   38D.    How Parliamentary Secretary ceases to hold office
   38E.    Restrictions relating to Parliamentary Secretaries

   PART 5 - THE CONSOLIDATED FUND

   39.     Consolidated Fund
   40.     Expenses of collection
           41-44. (Repealed)
   45.     Appropriation of Consolidated Fund
   46.     Money Bills to be recommended by Governor

   PART 6 - OFFICERS AND STAFF

   47.     Appointment of officers
   47A.    Employment of staff
   47B.    Parliamentary officers and staff
   48.     Absent officers and staff
   49.     (Repealed)
   49A.    Demise of the Crown

   PART 7 - ADMINISTRATIVE ARRANGEMENTS

   50.     (Repealed)
   50A.    Definitions: Part 7
   50B.    Allocation of administration of Acts and other portfolio responsibilities
   50C.    Ministers to whom Public Service agencies responsible
   50D.    Public Service agencies--creation, abolition and changes
   50E.    Change to references in Acts etc to Ministers, Public Service agencies and Public Service employees
   50F.    Provisions consequent on administrative changes and other matters
   50G.    Publication, commencement and operation of orders

   PART 8 - LOCAL GOVERNMENT

   51.     Local government

   PART 9 - THE JUDICIARY

   52.     Definition and application
   53.     Removal from judicial office
   54.     Suspension from judicial office
   55.     Retirement
   56.     Abolition of judicial office

   PART 10 - PUBLIC OWNERSHIP OF SYDNEY WATER CORPORATION AND HUNTER WATER CORPORATION

   57.     Sydney Water Corporation and Hunter Water Corporation to remain in public ownership
           FIRST-FIFTH SCHEDULES - (Repealed)
           SCHEDULE 6
           SCHEDULE 7
           Schedule 8 (Repealed)