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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Fixed Session Preceding Election) Amendment
Bill 2009
A BILL FOR
An Act to amend the Constitution Act 1934.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Constitution
Act 1934
4 Amendment of section 6—Place and time for
holding Sessions of Parliament
5 Amendment of section 28—Term of House
of Assembly
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Fixed Session Preceding
Election) Amendment Act 2009.
This Act comes into operation on the day on which it is assented to by the
Governor.
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
4—Amendment of
section 6—Place and time for holding Sessions of
Parliament
Section 6—after subsection (1) insert:
(1a) Despite subsection (1), where a general election of members of
the House of Assembly is to be held on a day fixed under section 28, the
Governor—
(a) must, before the end of the calendar year immediately preceding the
calendar year in which the election is to be held, prorogue the Parliament and
fix the first Tuesday in February of the year of the election as the time for
holding the next session of the Parliament; and
(b) must not thereafter further prorogue the Parliament prior to the issue
of a writ or writs for the election in accordance with
section 28.
5—Amendment of
section 28—Term of House of Assembly
(1) Section 28(2)—delete subsection (2) and substitute:
(2) The Governor must, where a general election is to be held on a day
fixed under this section, dissolve the House of Assembly and issue a writ or
writs for the election 1 month prior to the day of the election.
(2) Section 28—after subsection (4) insert:
(4a) Subject to subsection (2), a writ or writs for a general
election under this section must be issued in accordance with the provisions of
the Electoral Act 1985.