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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Reform of Legislative Council and
Settlement of Deadlocks on Legislation) Amendment
Bill 2009
A BILL FOR
An Act to amend the Constitution Act 1934.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement and operation
3 Amendment provisions
Part 2—Amendment of Constitution
Act 1934
4 Repeal of section 10
5 Substitution of section
11
11 Number of members of Legislative
Council
6 Amendment of section 13—Casual
vacancies
7 Substitution of sections 14 and 15
14 Term of
Legislative Councillors
8 Amendment of section 25—Continuance of
President in office after dissolution or retirement
9 Amendment of section
26—Quorum of Council
10 Amendment of section 38—Privileges,
powers etc of Council and Assembly
11 Substitution of
section 41
41 Settlement of
deadlocks
12 Amendment of section 57—Restoration of lapsed
Bills
Schedule 1—Transitional provisions
1 Expiry
of terms of office
2 Powers of Legislative Council in relation to
Bills
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Reform of Legislative Council
and Settlement of Deadlocks on Legislation) Amendment
Act 2009.
(1) The commencement and operation of this measure is subject to the
operation of the Referendum (Reform of Legislative Council and Settlement of
Deadlocks on Legislation) Act 2009.
(2) Section 7(5) of the Acts Interpretation Act 1915 does not
apply with respect to the commencement of this measure.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Constitution
Act 1934
Section 10—delete the section
Section 11—delete the section and substitute:
11—Number of members of Legislative
Council
The Legislative Council will consist of 16 members.
6—Amendment of
section 13—Casual vacancies
(1) Section 13(2)—delete subsection (2) and substitute:
(2) An assembly need not be held under subsection (1) to supply a
casual vacancy if the vacancy occurs within 3 months before polling day for
a general election of members of the House of Assembly under
section 28.
(2) Section 13(3)(b)—delete "(otherwise than in pursuance of
section 41)"
(3) Section 13(3)(d)—delete paragraph (d)
7—Substitution of
sections 14 and 15
Sections 14 and 15—delete the sections and substitute:
14—Term of Legislative
Councillors
(1) Subject to this Act, the term of office of a member of the Legislative
Council is a term expiring on the dissolution or expiry of the House of Assembly
(and the seat of a member is automatically vacated on the dissolution or expiry
of the House of Assembly without the necessity of any action on the part of the
member).
(2) An election for members of the Legislative Council will take place at
the time of the general election of members of the House of Assembly.
8—Amendment of
section 25—Continuance of President in office after dissolution or
retirement
Section 25(1)—delete "by periodical retirement, or"
9—Amendment of
section 26—Quorum of Council
(1) Section 26(1)—delete "ten" and substitute:
8
(2) Section 26(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) All questions to be determined by the Council will be decided by a
majority of the votes of those members of the Council who are present.
(3) The President, or person chosen to preside in the President's absence,
has a deliberative vote on a question to be determined by the Council but does
not have, in the event of an equality of votes, a second or casting
vote.
(4) In the event of an equality of votes, the question will be
lost.
10—Amendment of
section 38—Privileges, powers etc of Council and
Assembly
Section 38—delete "The privileges" and substitute:
Subject to this Act, the privileges
Section 41—delete the section and substitute:
41—Settlement of deadlocks
(1) If—
(a) the House of Assembly passes a proposed law; and
(b) within the period of 45 sitting days after the relevant Bill is
transmitted to the Legislative Council the Legislative Council rejects or fails
to pass the proposed law, or passes the proposed law with amendments to which
the House of Assembly will not agree; and
(c) after an interval of at least 3 months the House of Assembly, in the
same or the next session, again passes the proposed law with or without any
amendments that have been made, suggested or agreed to by the Legislative
Council; and
(d) within 30 sitting days after the relevant Bill is transmitted to the
Legislative Council the Legislative Council rejects or fails to pass the
proposed law, or passes the proposed law with amendments to which the House of
Assembly will not agree; and
(e) the House of Assembly resolves that it would be appropriate for both
Houses of Parliament to be dissolved on account of the position that has been
taken by the Legislative Council on the proposed law,
the Governor may dissolve the Legislative Council and the House of Assembly
by proclamation, except that a dissolution will not take place within 6 months
before a general election of members of the House of Assembly is due to be held
under section 28.
(2) If—
(a) after a dissolution under subsection (1) the House of Assembly
again passes the proposed law, with or without any amendments that have been
made, suggested or agreed to by the Legislative Council; and
(b) within the period of 30 sitting days after the relevant Bill is
transmitted to the Legislative Council the Legislative Council rejects or fails
to pass the proposed law, or passes the proposed law with amendments to which
the House of Assembly will not agree,
the Governor may, by proclamation, convene a joint sitting of the members
of the Legislative Council and of the House of Assembly.
(3) The members present at a joint sitting may deliberate and will vote
together on the proposed law as last proposed by the House of Assembly, and on
amendments, if any, that have been made to the relevant Bill by one House and
not agreed to by the other, and any such amendments that are affirmed by an
absolute majority of the total number of the members of the Legislative Council
and the House of Assembly will be taken to have been carried, and if the
proposed law, with the amendments, if any, so carried is affirmed by an absolute
majority of the total number of members of the Legislative Council and the House
of Assembly, it will be taken to have been duly passed by both Houses of the
Parliament, and will be presented to the Governor for assent.
(4) The House of Assembly may, by resolution, extend the period of
45 sitting days under subsection (1)(b) or a period of 30 sitting days
under subsection (1)(d) or (2)(b).
(5) For the purposes of this section, a reference to sitting days is a
reference to sitting days of the House of Assembly.
12—Amendment of
section 57—Restoration of lapsed Bills
(1) Section 57(1)—delete ", and thereinafter proceeded with as
if no prorogation had intervened"
(2) Section 57—after subsection (2) insert:
(3) If a Bill is restored to the notice paper in accordance with this
section, the Bill will, for the purposes of section 41 and for all other
purposes, be treated as if no prorogation had occurred.
Schedule
1—Transitional provisions
(1) This Act affects the term of office of all members of the Legislative
Council holding office immediately before writs are issued for the first general
election of members of the House of Assembly next ensuing after the day of
assent so that they will all retire when the House of Assembly is dissolved in
connection with the issuing of those writs (including those members who were
elected on the basis of a term of office that would otherwise have continued
beyond the term of the House of Assembly that is so dissolved).
(2) In connection with the operation of subclause (1), the amendments
to the Constitution Act 1934 effected by sections 5 and 9 of this
Act will take effect immediately before writs are issued for the first general
election of members of the House of Assembly next ensuing after the day of
assent.
2—Powers of
Legislative Council in relation to Bills
Section 41 of the Constitution Act 1934, as enacted by this
Act, applies in relation to Bills introduced into the Parliament after the
commencement of this Act.