Constitution Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGESIMO

QUINTO

A. D. 1881.

No. 236.

An Act to further amend " The Constitution Act."

HEREAS it is expedient to further amend " The Constitution Preamble.

lative Council of the Province of South Australia to twenty-four,	W Act," by increasing the number of the members of the Legis-
and by dividing the said province into four electoral districts for the purpose of elections for the said Council, having six members to represent each district, and by providing a means of determining any differences between the said Council and the House of Assembly,
in respect of Bills twice passed by the House of Assembly, an4
twice rejected 'by the said Council-Be it therefore Enacted by the Governor of the said Province, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act may be cited for all purposes as The Constitution short tide.

Act Further Amendment Act, 1881."

2, This Act, so far as is consistent with the tenor thereof, shall Incorpomti~n.

be construed as one with '' The Constitution Act."

3, This Act shall come into operation from and after a dav to be Commencement of

fixed by the Governor by Proclamation in the South ~u&ralian	Act-
Government Gazette.

A-263 4, Section

44' & 45* VICTOKIJE, No. 236. 1

- - -

The Constitutiool Aot fi&& Amendment Act.-1881.

. *

Repeal. 4. Section 8 uf The Constiix~tiun Act," and section 3 of Act No.

27 of 1852, be iq ."	An Act to M n e the Electoral Di r i c t s for the
election of me	,to serve in, the Parliament of, &U& Australia,"

are hereby r e p e d d: Provided thb m p d &wfl %+# affect any- thing lawfdlft daae nudar the autholitj. thereofJ nor any rights acquired or liabilities incurred thereunder.

Electoral diatticts for

the election of mem- 5, Except as hereinafter provided, the said province, for the

bem of the Council.	purpose .of the election of members for the said Council, shall be
divided into the four electoral districts comprising the several
electoral divisions mentioned in the Schedule hereto, the names and boundaries of the said several electoral divisions being specified in the First Schedule of the said Act No. 27 of 1872. +

Present members to 6. The present members of the Legislative council shall continue

continue members. members thereof, but subject to the provisions of this Act.

Election of six new 7. Immediately after this Act shall come into operation, six new

members. mcmhers shall be elected to represent the said province in the Council by the whale provime wetifig as one district. The names of the newly-elected members shall be placed last on the members' roll of the said Council, after the name of the members previously on the said roll, in the order fokwing:-The name of the member who at the election obtained the least number of votcs shall bc placed first, the name of the member ,who obt+ined the next least number of votes shdl be placed second, and so on in rotation, the object being that the -.of the member who,obtained a greater number of votes shall be later on the said roll than the name of the member who obtained a less number of votes. I n the eve& of equality of votes between all or anyxof the members,- the members obtaining equal votefl shdl &temine- by lot the order in which their names shall be placed on the said roll.

Order of retirement	8. At 'the expiration of the seveml periods of three yeam, -&X
of membera of Coun-

cil druing first nine

yearrs, and nine years; from the mvtning into operation of

yeam.

the eight members whose na,tnm sh&, et mch respective periods,

appear first upon the said roll shall retire.

Two members to be Q. Two- members shall be elected by each of the said fbur

elected for each	electoral districts to fill up the vacancies created by the said periodical
district.	retirement of eight members. I a

Vacanoies occurring 10. If any vacancy shall ocmr from death; m&patictrt, or any

during first nine	other cause, of any of the members, who were elected by the electors
years, how supplied.	of the whole pro t i~ce voting W mane distrieG before the period B r
retirement of such membem, -same &all be supplied in manner
following, that is say-the first of such vacancies shall be supplied
by the ntarn of a mmbet fm Na. 1 ; the tkond, by the
*m of a member for Di'~trkict~No.9; .the3thitd, )by the re t tm
of 9 member for District No. 3 ; the fourth, by the wtuh af a &e~&b& -4%~ Ilistrict No. 4; the fifth, by the return of a member
for District No. 1; and so on in rotation. 111.

44" & 450 VICTOR~A, No. 236.

The Constiktion Act firther Amendment ~ct.-1881,

'

11. If any vacancy shall occur from death, resignation, or any v ~ m * s

other cause, of any of the members who, from time to time, may be	after nine
elected for any of the said four electoral districts before the period for the retirement of such members as aforesaid, the same shall, from time to time, be supplied by the return of a mcmbcr for the district for which such member so causing the vacancy was returned; and the name of the newly-elected member shdl be placed last on the members' roll for such district.

12, From and after the first election of members for the said dis- Members' roll, show-

tricts, a roll shall be kept, showing the names of the members h and & ~ &, to ing names of mem-

names of the members shall be placed on the said roll in the ordet of which namw of mem- bers to be placed	elected for the districts, m d the names of the said districts, and the be kept, and order in
time in which they were elected; or when two or more members thereon. have been elected a t the same time for a di'strict, the member who received the least number of votes shall be first on the said roll, and the name of the member who received the 'next lowest number of votes shall be placed next, and so on in rotation; a.Cl in the event of equality of votes, such members shall determine ,, . a bf h t the order in which their names shall be res'pectively placed on the . - - -
said roll.

13. Twelve years ifter the coming into operation of this Ac t :; E L T h n

and thereafter at the ex&a.tios of every t h e e the- thpo *fier p d ~ d of nine

members whose names*are first on the roll for each of the said fonr yews-

electoral districts shall retire: and two members shall' be elected by

each of such districts.

14. I t shall be lawful for the Governor from time to time to Appointmentof appoint a Returning Officer for each of bhe said districts, and all Returningoracem. writs for the election of any membercl of -the said Cotmcil 'fop any

e h t u r d district ih l l ;be dim&ed to t h ~ Retuning Officer of such district. Such Returning Officer shall, in respect of all electoral

mattersewithin the district for which he is appointed, have the same Deputy aeturning

powers and authorities, and perform the same duties, as are at OffiCem.

present done and performed by the Returning Officers for the said

province. And whenever in the Electoral Act, 1879, powers are

given to, or duties enforced upon the Returning Officer of the

prov nce, the same powers and duties shall be taken to have been

given to and enforced upon the Returning Officer to be appointed

for each district within the boundaries of their respective districts.

The Governor may also appoint Deputy Returning Officers for each

district, and such Deputy Returning Officers shall, within their respective districts, perform the duties as required by the Electoral Act, 1879, as Deputy Returning Officers for the said province.

15. From and after the election of the additional six members QUO-O~ &fernben.

authorised by this Act, the Legislative Council shall not be compe- tent to the dispatch of business unless there be present, including the President, or the person chosen to preside in hia absence, at least

nine Members of the said Council.

16, Whenever

446 & 45" VICTORIW, No. 236.

Th Cowtit&m Act firther Amendment Act.- 1881.

16. Whenever any Bill for any Act shall have been passed by the Honse of Assembly during any Session of Parliament, and the same- Bill, or a similar Bill with substantially the same objects and

having the same title, shall have been passed by the House of

Assembly during the next ensuing Parliament, a general election

of the House of Aesembly having taken place between such two

Parliaments, the second and third readings of such Bill having been passed in the second instance by an absolute majority of the whole number of members of the said House of Assembly, and both such Bills shall have been rejected by or fail to bccomc law in consequence of any amendments made therein by the Legislative Council, it shall be lawful for, but not obligatory upon, the Governor of the said province, by Proclamation to be published in the Governmelet Gazette, to dissolve the Legislative Council and Hause of Assembly, and thereupon all the members of both Houses of Parliament shall vacate their seats, and members shall be elected to supply thc vacanies so created: or for the Governor to issue writs for the election of one or not more than two new members for each district of the Legislative Council: Provided always that no vacancy, whether by death, resignation, or any other cawe, shall be filled up while the

total number of members shall be twenty-four or more.

17. In the event of the Council being dissolved, six members

shaU be elected for each of the said districts, and the names of such

members shall be placed on the roll of members for the said districts in the order provided for in section 12 of this Act, and thereafter the several pc&odical retirements of members referred to in sections 8 and 13 of this Act shall date from the day of their election.

I reserve this Act for the signification ~f the Queen's pleasure.

WM. F. DRUMMOND JERVOIS, Governor.

THE

44' & 45' VICTORIW, No. 236.

The Constitution Act Further Amendment Act.-1881.

THE SCHEDULE HEREXNBEFORE REFERRED TO.

Electoral B i s t r i c t s for Memhers o f the Legistatwe Council.

No. 1. Central Electoral District, comprising the eiectoral divisions of East Adelaide, West Adelaide, North Adelaide, West Torrens, Sturt, and Port Adelaide.

No. 2. Southern Electoral District, comprising the electoral divisions of Onka- paringa, Noarlunga, Mount Barker, Encounter Bay, Albert, Victoria, and East Torrens.

No. 3. North-Eastern Electoral District, comprising the electoral divisions of

Yatala, Gumeracha, Barossa, Wooroora, Light, and Burra.

No. 4. Northern Electoral District, comprising the electoral divisions of Wallaroo,

Stanley, and Flinders.

Adelaide: By authority, E. SPSLER, Government Printer, North-terrace,

B-286