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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
___________
CONSTITUTION (FIXED TERM PARLIAMENT)
AMENDMENT BILL 2008
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CONTENTS
1. Short Title
2. Commencement
3. Principal Act
4. Section 12 Amended
5. Section 23 Amended (Four Year Parliaments)
CONSTITUTION (FIXED TERM PARLIAMENT) AMENDMENT
BILL 2008
(Brought in by William Edward Felix Hodgman)
A BILL FOR
An Act to fix (except in certain circumstances) the third Saturday of
March every fourth year as the date for the general election of
members of the House of Assembly and for related matters.
Be it enacted by his Excellency the Governor of Tasmania, by and with
the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
Short title
1. This Act may be cited as the Constitution (Fixed Term Parliament)
Amendment Bill 2008.
Commencement
2. This Act commences on the day on which this Act receives the Royal
Assent.
Principal Act
3. In this Act, the Constitution Act 1934 is referred to as the Principal
Act.
Section 12 Amended
4. Section 12(2) of the Principal Act is amended by omitting "or dissolve
the Assembly whenever he shall deem it expedient to do so" and
substituting "in accordance with the provisions contained in s.23 of this
Act".
Section 23 Amended (Four Year Parliaments)
5. Section 23 of the Principal Act is repealed and the following section is
substituted:
23. Four Year Parliaments
(1) Subject to this section, a general election of members of the House of
Assembly must be held on the third Saturday in March in the fourth
calendar year after the calendar year in which the last general election
was held.
(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 at a time prior to the election that is in
accordance with the
requirements of the Electoral Act 2004 for the issue of writs.
(3) Before the issue of a writ or writs for a general election under this
section, the Governor may defer the day of the election, by notice
published in each of the three newspapers circulating generally in the
State, to a Saturday not more than 21 days after the day otherwise fixed
under this section, where--
(a) the day fixed under this section for the election is the Saturday
immediately following Good Friday; or
(b) a general election of members of the Commonwealth House of
Representatives is to be held in the same month as the election.
(4) A day to which a general election is deferred in accordance with
subsection (3) will be taken to be a day fixed under this section for the
general election.
(5) After the issue of a writ or writs for a general election under this
section, the day of the election may be deferred in accordance with the
provisions of the Electoral Act 2004.
(6) The current Assembly may be dissolved by the Governor by
proclamation, but only in the circumstances authorised by this section.
(7) The current Assembly may be dissolved if -
(a) a motion of no confidence in the Premier and other Ministers is
passed by the current assembly; and
(b) during the period commencing on the passing of the motion of no
confidence and ending 8 clear days after the passing of the motion, the
current Assembly has not passed a motion of confidence in the Premier
and other Ministers or has not passed a motion of confidence in a
sufficient number of members of the current Assembly who could form
an alternative government.
(8) Where a motion of no confidence referred to in subsection (2) (a) is
passed, the current Assembly may not be prorogued before the end of
the period referred to in subsection (2) (b) unless within that period a
motion of confidence in the Premier and other Ministers is passed.
(9) The current Assembly may be dissolved if -
(a) the current Assembly or the Council rejects a Bill which authorizes
the issue and application of any
money from the Consolidated Fund to meet the cost of the ordinary
annual services of the Government; or
(b) the current Assembly or the Council fails to pass such a Bill before
the time the money referred to in paragraph (a) is required.