New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 9B

9B Appointment of Lieutenant-Governor and Administrator

(1) There shall continue to be--

(a) a Lieutenant-Governor of the State, and

(b) an Administrator of the State.

(2) The appointment of a person to the office of Lieutenant-Governor shall be during the Governor's pleasure by Commission under the Public Seal of the State.

(3) The Administrator shall be--

(a) the Chief Justice of the Supreme Court, or

(b) if the Chief Justice is the Lieutenant-Governor or if there is a vacancy in the office of Chief Justice or the Chief Justice is unavailable--the next most senior Judge of the Supreme Court who is for the time being available,

and shall be deemed to have been appointed as Administrator during the Governor's pleasure.

(4) A person may be appointed as Administrator during the Governor's pleasure by Commission under the Public Seal of the State and, where such an Administrator has been appointed and is available, subsection (3) does not apply.

(5) The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State or act as deputy to the Governor unless the Lieutenant-Governor or Administrator, as the case may be, has taken on that occasion, or has previously taken, the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court.

(6) Any act, matter or thing done or omitted by the Chief Justice of the Supreme Court (before or after the commencement of this subsection) in the capacity of Lieutenant-Governor is taken to have been done or omitted, and always to have been done or omitted, in the capacity of Administrator if for any reason the Chief Justice was not holding office as Lieutenant-Governor at the relevant time. This subsection extends to any act, matter or thing done or omitted as the Governor's deputy under section 9D.