Victorian Current Acts

CONSTITUTION ACT 1975

TABLE OF PROVISIONS

           Preamble

   1.      Short title and commencement[1]  
   1A.     Recognition of Aboriginal people  
   2.      Existing laws  
   3.      Laws of England to be applied in the administration of justice  
   4.      Continuation of existing Houses  
   5.      Definitions  
   5A.     Definitions relating to pensions  

   PART I--THE CROWN

   6.      The Governor[3], [4]  
   6A.     Lieutenant-Governor and Administrator[5]  
   6B.     Administration by Lieutenant-Governor or Administrator[6]  
   6C.     Deputy for Governor during short illness or absence[7]  
   6D.     Oath or Affirmation[8]  
   6E.     Offices are not agencies under Freedom of Information Act 1982  
   7.      Appropriation for staff and other expenses of the Governor  
   7A.     Governor's pension  
   7B.     Election of Governor to commute future pensions for payment of superannuation contributions surcharge  
   7C.     Actuary's first calculation after Governor's election to commute pensions  
   7D.     Actuary's second calculation after Governor's election to commute pensions and payment of lump sum  
   7E.     Election of former Governor to commute pensions for payment of superannuation contributions surcharge  
   7F.     Actuary's calculation after former Governor's election to commute pensions  
   7G.     Payment and commutation of the former Governor's pension  
   7H.     Election of Governor's partner to commute pension for payment of superannuation contributions surcharge  
   7I.     Actuary's calculation of reduction of pension of former Governor's partner  
   7J.     Payment and commutation of pension of former Governor's partner  
   8.      Convocation, prorogation and dissolution  
   8A.     Dissolution of Assembly after a no confidence motion  
   9.      Demise of the Crown not to dissolve Parliament  
   10.     Certain acts not to be affected by a demise of the Crown  
   11.     All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown  
   12.     Exercise by the Governor of powers given to and reservation in favour of Her Majesty  
   13.     Contracts by or on behalf of Her Majesty  
   14.     Governor's amendments  

   PART II--THE PARLIAMENT

           Division 1--Constitution and powers

   15.     Parliament  
   16.     Legislative power of Parliament  
   16A.    The principle of Government mandate  
   17.     Waste lands of the Crown  
   18.     Power for Parliament to alter this Act  

           Division 2--Privileges of Parliament

   19.     Privileges powers etc. of Council and Assembly  
   19A.    Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses  

           Division 3--Summoning of Parliament. Oath of allegiance

   20.     Summoning of Parliament  
   21.     Effect of summoning of Parliament  
   22.     How in case of adjournment orders of either House shall be deemed to have been appointed  
   23.     Oath of allegiance  

           Division 4--Presiding officers

   24.     As to term of office and power of presiding officers  

           Division 5--Legislative Council

   25.     Definitions  
   26.     Number of members of the Council  
   27.     Division of Victoria into 8 regions  
   27A.    Filling of casual vacancies in the Council  
   28.     Duration of the Council  
   29.     Member of Assembly not capable of being member of Council  
   29A.    Title of members  
   30.     Resignation of members  
   31.     Election of President  
   32.     Quorum of Legislative Council  

           Division 6--Legislative Assembly

   33.     Definitions  
   34.     Constitution of Assembly  
   35.     Division of Victoria into electoral districts  
   36.     Member of Council not capable of being member of Assembly  
   37.     Resignation of members  
   38.     Duration of Assembly  
   38A.    Date of general election  
   39.     Election of Speaker  
   40.     Quorum of Assembly  

           Division 7--Provisions applicable to both the Council and the Assembly

   41.     Sessions of Council and Assembly  
   42.     Quorum of Houses may act though election may have failed  
   43.     Standing rules and orders  
   44.     Membership of the Council and the Assembly  
   45.     Avoidance of election of unqualified person  
   46.     Vacation of seat  
   47.     Member of Victorian Parliament elected to Federal Parliament  
   48.     Qualification of electors for the Council and the Assembly  

           Division 8--Offices and places of profit

   49.     Public officers not to sit in Parliament except as mentioned  
   50.     Salaried officers in Parliament  
   51.     Ministers to be in Council or Assembly  
   52.     Power of Ministers to speak in either House  
   53.     Responsible Minister not required to vacate seat on appointment to office  
   54.     Contractors not to be elected  
   55.     Seats to become vacant in certain cases  
   56.     Reference to certain contracts in last two preceding sections  
   57.      Certain contracts excepted  
   58.     With certain exceptions members of Parliament not to accept offices of profit under the Crown  
   59.     Penalties for offences against this Division  
   60.     Removal of disqualification by reason of certain naval, military or air services  
   61.     Holders of offices etc. not to be disqualified from election to Council or Assembly  
   61A.    Power to Houses to relieve from consequences of alleged defaults  

           Division 9--Provisions relating to Appropriation Bills

   62.     Appropriation Bills  
   63.     Appropriation to be in pursuance of message[10]  
   64.     Appropriation Bills  
   65.     Annual Appropriation Bills  

           Division 9A--Provisions relating to disputes concerning Bills

   65A.    Definitions  
   65B.    Dispute Resolution Committee  
   65C.    Dispute Resolution  
   65D.    Consideration of Dispute Resolution by Assembly and Council  
   65E.    Provisions applying if dispute not resolved  
   65F.    Provisions applying to Deadlocked Bills  
   65G.    Joint Sitting  

           Division 10--Acts of Parliament

   69.     Date of passing of Act to be endorsed by Clerk  
   70.     Where the time fixed by an Act for the doing of any act etc. cannot be observed  
   71.     Where Bill for continuing Act which expires during the session does not pass  

           Division 11--Publication, transmission and broadcasting of Parliamentary proceedings

   72.     Government Printer  
   73.     Publication of reports, proceedings etc. of either House of Parliament protected  
   74.     Copy of authenticated report thereof  
   74AA.   Transmission and broadcasting of Parliamentary proceedings  

   PART IIA--LOCAL GOVERNMENT

   74A.    Local government  
   74B.    Local government laws  

   PART III--THE SUPREME COURT OF THE STATE OF VICTORIA

   75.     Supreme Court of the State of Victoria[12]  
   75A.    Divisions of Court[13]  
   75B.    Qualification and appointment of Judges  
   75C.    Entry into part-time service arrangement  
   75D.    Variation of part-time service arrangement  
   75E.    Suspension of part-time service arrangement  
   75F.    Termination of part-time service arrangement  
   76.     Court to be a court of record and to have a seal  
   77.     Commissions of Judges  
   78.     Chief Justice  
   78A.    Chief Justice and Judges of Court of Appeal  
   78B.    Seniority  
   79.     Governor in Council may appoint Acting Chief Justice  
   79A.    Governor in Council may appoint acting President  
   80.     Filling vacancies  
   80B.    Additional Judges of Appeal  
   80C.    Additional Judges of Trial Division  
   81.     Appointment of reserve Judges  
   81A.    Cessation of office  
   81B.    Chief Justice may engage reserve Judge to undertake duties of Judge of the Court  
   81C.    Powers, jurisdiction, immunities and protection of reserve Judge  
   81D.    Pension rights and service not affected by being a reserve Judge  
   81E.    Engaging in legal practice or other paid employment  
   81F.    Salary, allowances and other conditions of service of reserve Judge  
   81G.    Appropriation of certain amounts in relation to reserve Judges  
   81GA.   Power to complete matters—Judges of the Court and reserve Judges  
   81H.    Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013  
   81J.    Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013  
   81K.    Transitional provision—Justice Legislation Further Amendment Act 2016  
   82.     Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court  
   83.     As to pensions of Judges of the Supreme Court and their partners and children  
   83AAA.  Effect of part-time service arrangement on judicial pensions  
   83AA.   Election of Judges of the Supreme Court to commute future pensions for payment of superannuation contributions surcharge  
   83AB.   Actuary's first calculation after election of Judges of the Court to commute pensions  
   83AC.   Actuary's second calculation after the Judges' elections to commute pensions and payment of lump sums  
   83AD.   Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge  
   83AE.   Actuary's calculation after former Judges' election to commute pensions  
   83AF.   Payment and commutation of pensions of former Judges of the Court  
   83AG.   Election of Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge  
   83AH.   Actuary's calculation of reduction of pensions of Judges' partners and eligible children  
   83AI.   Payment and commutation of pensions of former Judges' partners and eligible children  
   83A.    Salaries, allowances and other conditions of service of Associate Judges  
   83B.    Salary, allowances and other conditions of service of reserve Associate Judges  
   83C.    Appropriation of certain amounts in relation to reserve Associate Judges  
   84.     Judges not to hold any other place of profit  
   84A.    Judges serving under part-time service arrangement not to engage in legal practice or other paid employment  
   85.     Powers and jurisdiction of the Court  
   86.     Power to Judges to award habeas corpus  
   87.     Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances  

   PART IIIAA--THE JUDICIARY

           Division 1--Preliminary

   87AAA.  Definitions  

           Division 2--Judicial offices

   87AAB.  Removal from judicial office  
   87AAI.  Retirement  
   87AAJ.  Abolition of judicial office  

           Division 3--Judicial Commission of Victoria

   87AAK.  Establishment of Judicial Commission  
   87AAL.  Functions of the Judicial Commission  

           Division 4--Board of Judicial Commission

   87AAM.  Board of Judicial Commission  
   87AAN.  Judicial members of the Board  
   87AAO.  Appointed members of the Board  
   87AAP.  Suspension of appointed member  
   87AAQ.  Cessation of appointment of appointed member  

           Division 5--Investigating panels

   87AAR.  Appointment of investigating panels  
   87AAS.  Membership of investigating panel  
   87AAT.  Remuneration and allowances of investigating panel members  
   87AAU.  Pension rights of investigating panel member not affected  
   87AAV.  Establishment of pool  
   87AAW.  Appointment of persons to pool  
   87AAX.  Conditions for members of pool  
   87AAY.  Cessation of appointment or removal from pool  

           Division 6--Judicial Commission regulations

   87AAZ.  Judicial Commission regulations  

   PART IIIA--DIRECTOR OF PUBLIC PROSECUTIONS

   87AA.   Definition  
   87AB.   Appointment  
   87AC.   Terms and conditions  
   87AD.   Resignation  
   87AE.   Suspension and removal from office  
   87AF.   Pension of Director and of his or her spouse and children  

   PART IV--THE EXECUTIVE

   87A.    Executive Council[19], [20]  
   87B.    Members of Executive Council[21]  
   87C.    Meetings of Executive Council[22]  
   87D.    Rules of Executive Council[23]  
   87E.    Advice to Governor[24]  
   88.     Appointment to public offices  
   88AA.   Oath of office  
   88A.    Governor in Council may order that Ministers exercise duties etc. concurrently  

   PART V--FINANCIAL

           Division 1--Consolidated Revenue

   89.     Consolidated Revenue  
   90.     Charges of collection and management  
   91.     Her Majesty not entitled to Crown revenues  
   92.     Power to appropriate Consolidated Revenue  
   93.     Warrants for issue of money  

           Division 2--Expenses of Executive Council Legislative Council and Legislative Assembly

   94.     Special appropriations for expenses of Executive Council, Legislative Council and Legislative Assembly  

           Division 3--Auditor-General

   94A.    Auditor-General  
   94B.    Independence of the Auditor-General  
   94C.    Tenure of office  

   PART VA--SPECIAL PROVISIONS

   94E.    Independence of the Ombudsman  
   94F.    Independence of the Electoral Commissioner  
   94G.    Electoral Boundaries  
   94H.    Access to information  

   PART VI--RELATION OF PUBLIC OFFICERS TO POLITICAL AFFAIRS

   95.     Officers in the public service not to take part in political affairs  

   PART VII--DELIVERY OF WATER SERVICES

   96.     Definitions  
   97.     Delivery of water services  

   PART VIII--MAINTAINING THE PROHIBITIONS ON HYDRAULIC FRACTURING AND COAL SEAM GAS EXPLORATION AND MINING

   98.     Purpose of this Part  
   99.     Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining  
           SECOND SCHEDULE
           SCHEDULE 3
           ENDNOTES