New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 9C

9C Administration of government by Lieutenant-Governor or Administrator

(1) The Lieutenant-Governor or Administrator shall, subject to this section, assume the administration of the government of the State if--

(a) there is a vacancy in the office of Governor, or

(b) the Governor is unavailable.

(2) The Governor shall not, for the purposes of this section, be regarded as being unavailable at any time when there is a subsisting appointment of a deputy under section 9D and the deputy is available.

(3) The Administrator shall not assume the administration of the government of the State unless there is a vacancy in the office of Lieutenant-Governor or the Lieutenant-Governor is unavailable.

(4) The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify--

(a) the Premier, or

(b) in the event that the Premier is not able to be contacted to give the notification--the next most senior Minister of the Crown (if any) who is able to be contacted.

Notification is not required if concurrence is required under subsection (4A) for the assumption of administration.

(4A) The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State because of any unavailability referred to in section 9 (d) unless--

(a) the Premier has concurred in the assumption of administration, or

(b) in the event that the Premier is not able to be contacted to obtain concurrence--the next most senior Minister of the Crown (if any) who is able to be contacted has concurred in the assumption of administration, or

(c) neither the Premier nor any other Minister of the Crown is able to be contacted to obtain concurrence, and the Lieutenant-Governor or Administrator is of the opinion that the assumption of administration is authorised by subsection (4B).

The Premier or other Minister is not to give concurrence unless of the opinion that the assumption of administration is authorised by subsection (4B).

(4B) An assumption of administration because of any unavailability referred to in section 9 (d) is authorised if--

(a) the powers or functions of the Governor are required to be exercised or performed during that unavailability, or

(b) the duration of that unavailability cannot be determined,

and exceptional circumstances require the assumption of administration.

(5) The powers and functions of the Governor vest in the Lieutenant-Governor or Administrator during the administration of the government of the State by the Lieutenant-Governor or Administrator, as the case may be.

(6) The Lieutenant-Governor shall cease to administer the government of the State when--

(a) a person is appointed to fill the vacancy in the office of Governor and has taken the required oaths or affirmations, or

(b) the Governor ceases to be unavailable,

as the case requires, and the Lieutenant-Governor has been notified accordingly.

(7) The Administrator shall cease to administer the government of the State when--

(a) a person is appointed to fill the vacancy in the office of Governor or Lieutenant-Governor and has taken the required oaths or affirmations, or

(b) the Governor or Lieutenant-Governor ceases to be unavailable,

as the case requires, and the Administrator has been notified accordingly.