Constitution Act 1902 (NSW)
Constitution Amendment (Right to Possess and Carry Firearms) Bill 2025 [Non-government Bill— the Hon John Ruddick, MLC]
Local Court and Bail Legislation Amendment Bill 2025
An Act to consolidate the Acts relating to the Constitution.
This Act may be cited as the Constitution Act 1902.
Parliament, on behalf of the people of New South Wales, acknowledges and honours the Aboriginal people as the State’s first people and nations.
Parliament, on behalf of the people of New South Wales, recognises that Aboriginal people, as the traditional custodians and occupants of the land in New South Wales—
(a) have a spiritual, social, cultural and economic relationship with their traditional lands and waters, and
(b) have made and continue to make a unique and lasting contribution to the identity of the State.
Nothing in this section creates any legal right or liability, or gives rise to or affects any civil cause of action or right to review an administrative action, or affects the interpretation of any Act or law in force in New South Wales.
In this Act, unless the context or subject-matter otherwise indicates or requires—
For sections 22H, 22I and 32, in relation to ascertaining a quorum for, or determining a question in, a House of Parliament, a Member of Parliament is taken to be present at a meeting of the House if the Member attends the meeting remotely using an audio visual link in accordance with—
(a) the Standing Rules and Orders of the House, or
(b) a resolution or sessional order of the House.
Subsection (2) has effect for a House of Parliament only if the Presiding Officer of the House has declared that—
(a) it will be impracticable for Members of the House to meet in person during a specified period due to a public emergency, including a public health crisis, natural disaster, major accident, civil disturbance or act of terrorism, and
(b) a majority of the Members of the House have requested remote attendance of the House be permitted under this section during the specified period.
A Member is taken to have made a request under subsection (3)(b) if the following person has made the request on the Member’s behalf—
(a) if the Member belongs to a party—the Member’s party leader,
(b) a Member of Parliament nominated by the Member to the Presiding Officer.
For the purposes of this Act, the boundaries of New South Wales shall comprise all that portion of Australia lying between the one hundred and twenty-ninth and one hundred and fifty-fourth degrees of east longitude, reckoning from the meridian of Greenwich and northward of the fortieth degree of south latitude, including all the islands adjacent in the Pacific Ocean within the latitude aforesaid, and also including Lord Howe Island, save and except the territories comprised within the boundaries of South Australia, Victoria, and Queensland, as at present established.
For the boundary between NSW and Victoria see the proclamation published in Gazette No 22 of 15.2.2006, p 825.
The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever—
Provided that all Bills for appropriating any part of the public revenue, or for imposing any new rate, tax or impost, shall originate in the Legislative Assembly.
If the Legislative Assembly passes any Bill appropriating revenue or moneys for the ordinary annual services of the Government and the Legislative Council rejects or fails to pass it or returns the Bill to the Legislative Assembly with a message suggesting any amendment to which the Legislative Assembly does not agree, the Legislative Assembly may direct that the Bill with or without any amendment suggested by the Legislative Council, be presented to the Governor for the signification of His Majesty’s pleasure thereon, and shall become an Act of the Legislature upon the Royal Assent being signified thereto, notwithstanding that the Legislative Council has not consented to the Bill.
The Legislative Council shall be taken to have failed to pass any such Bill, if the Bill is not returned to the Legislative Assembly within one month after its transmission to the Legislative Council and the Session continues during such period.
If a Bill which appropriates revenue or moneys for the ordinary annual services of the Government becomes an Act under the provisions of this section, any provision in such Act dealing with any matter other than such appropriation shall be of no effect.
If the Legislative Assembly passes any Bill other than a Bill to which section 5A applies, and the Legislative Council rejects or fails to pass it or passes it with any amendment to which the Legislative Assembly does not agree, and if after an interval of three months the Legislative Assembly in the same Session or in the next Session again passes the Bill with or without any amendment which has been made or agreed to by the Legislative Council, and the Legislative Council rejects or fails to pass it or passes it with any amendment to which the Legislative Assembly does not agree, and if after a free conference between managers there is not agreement between the Legislative Council and the Legislative Assembly, the Governor may convene a joint sitting of the Members of the Legislative Council and the Members of the Legislative Assembly.
The Members present at the joint sitting may deliberate upon the Bill as last proposed by the Legislative Assembly and upon any amendments made by the Legislative Council with which the Legislative Assembly does not agree.
No vote shall be taken at the joint sitting.
After the joint sitting and either after any further communication with the Legislative Council in order to bring about agreement, if possible, between the Legislative Council and the Legislative Assembly, or without any such communication the Legislative Assembly may by resolution direct that the Bill as last proposed by the Legislative Assembly and either with or without any amendment subsequently agreed to by the Legislative Council and the Legislative Assembly, shall, at any time during the life of the Parliament or at the next general election of Members of the Legislative Assembly, be submitted by way of referendum to the electors qualified to vote for the election of Members of the Legislative Assembly.
The referendum shall be held and conducted, if the Constitution Further Amendment (Referendum) Act 1930 or any other Act relating to the manner in which the referendum shall be held and conducted is in force, in accordance with that Act or with any other such Act, but if that Act is not in force and no such other Act is in force the law for the time being in force relating to the holding and conduct of a general election of Members of the Legislative Assembly shall, mutatis mutandis, apply to and in respect of the holding and conduct of the referendum, with such modifications, omissions, and additions as the Governor may by notification published in the Gazette declare to be necessary or convenient for the purposes of such application.
If at the referendum a majority of the electors voting approve the Bill it shall be presented to the Governor for the signification of His Majesty’s pleasure thereon and become an Act of the Legislature upon the Royal Assent being signified thereto, notwithstanding that the Legislative Council has not consented to the Bill.
For the purposes of this section the Legislative Council shall be taken to have failed to pass a Bill if the Bill is not returned to the Legislative Assembly within two months after its transmission to the Legislative Council and the Session continues during such period.
This section shall extend to any Bill whether it is a Bill to which section 7A applies or not.
And in the application of this section to a Bill to which section 7A applies—
(a) the submission of the Bill to the electors by way of referendum in accordance with this section shall be a sufficient compliance with the provisions of section 7A which require the Bill to be submitted to the electors,
(b) the referendum under this section shall, notwithstanding anything contained in section 7A, be held upon a day which shall be appointed by the Governor, and
(c) the day so appointed shall, notwithstanding anything contained in subsection (2), be a day during the life of the Parliament and not sooner than two months after the Legislative Assembly has passed a resolution in accordance with that subsection for the purposes of such referendum.
A joint sitting of the Members of the Legislative Council and the Members of the Legislative Assembly for the purposes of this section may be convened by the Governor by message to both Houses of the Parliament.
At such joint sitting the President of the Legislative Council or in his absence the Speaker of the Legislative Assembly shall preside, and until standing rules and orders governing the procedure at joint sittings have been passed by both Houses and approved by the Governor, the Standing Rules and Orders of the Legislative Council shall so far as practicable apply.
Where a Bill is presented to the Governor for the signification of His Majesty’s pleasure in accordance with section 5A, the words of enactment shall be as follows—
BE it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of New South Wales in Parliament assembled, in accordance with the provisions of section 5A of the Constitution Act 1902, as amended by subsequent Acts, and by the authority of the same, as follows—
Any alteration of a Bill necessary to give effect to this subsection shall not be deemed to be an amendment of the Bill.
Where a Bill is presented to the Governor for the signification of His Majesty’s pleasure in accordance with section 5B, the words of enactment shall be as follows—
BE it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of New South Wales in Parliament assembled, with the approval of the electors, in accordance with the provisions of section 5B of the Constitution Act 1902, as amended by subsequent Acts, and by the authority of the same, as follows—
Any alteration of a Bill necessary to give effect to this subsection shall not be deemed to be an amendment of the Bill.
(Repealed)
The Legislature may, by any Act, alter the laws in force for the time being under this Act or otherwise concerning the Legislative Council or Legislative Assembly.
The Legislative Council shall not be abolished or dissolved, nor shall—
(a) its powers be altered,
(b) section 11A, Division 2 of Part 3 (sections 22G, 22H, 22I and 22J excepted), the Sixth Schedule or this section be expressly or impliedly repealed or amended,
(c) any provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament be enacted, or
(d) any provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant be enacted,
except in the manner provided by this section.
A Bill for any purpose within subsection (1) shall not be presented to the Governor for His Majesty’s assent until the Bill has been approved by the electors in accordance with this section.
On a day not sooner than two months after the passage of the Bill through both Houses of the Legislature the Bill shall be submitted to the electors qualified to vote for the election of Members of the Legislative Assembly.
Such day shall be appointed by the Legislature.
When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.
If a majority of the electors voting approve the Bill, it shall be presented to the Governor for His Majesty’s assent.
The provisions of this section do not apply to—
(a) a Bill for the repeal, the amendment from time to time or the re-enactment from time to time with or without modifications of—
(i) any of the provisions of section 15 or 38A, or
(ii) any provision for the time being in force so far as it relates to the subject-matter dealt with in any of the provisions referred to in subparagraph (i),
(b) a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 22A (5),
(c) a provision of a Bill, being a provision with respect to the capacity of a person who holds or accepts an office of profit under the Crown specified in the Bill to be elected or to sit and vote as a Member of either House of Parliament,
(d) a provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament which applies in the same way to the persons capable of being elected or of sitting and voting as Members of the other House of Parliament, or
(e) a provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant which applies in the same way to the circumstances in which the seat of a Member of the other House of Parliament becomes vacant.
(Repealed)
In this section a reference to the Legislative Council shall be construed as a reference to the Legislative Council as reconstituted from time to time in accordance with this Act.
A Bill that—
(a) expressly or impliedly repeals or amends section 11B, 26, 27, 28 or 29, Part 9, the Seventh Schedule or this section, or
(b) contains any provision to reduce or extend, or to authorise the reduction or extension of, the duration of any Legislative Assembly or to alter the date required to be named for the taking of the poll in the writs for a general election,
shall not be presented to the Governor for Her Majesty’s assent until the Bill has been approved by the electors in accordance with this section.
On a day not sooner than two months after the passage of the Bill through both Houses of the Legislature the Bill shall be submitted to the electors entitled to vote at a general election of Members of the Legislative Assembly.
The day referred to in subsection (2) shall be appointed by the Governor under and in accordance with the Constitution Further Amendment (Referendum) Act 1930 and any Act amending or replacing that Act.
When the Bill is submitted to the electors the vote shall be taken under and in accordance with the Constitution Further Amendment (Referendum) Act 1930 and any Act amending or replacing that Act.
If a majority of the electors voting approve the Bill, it shall be presented to the Governor for Her Majesty’s assent.
Nothing contained in this section affects the operation of section 5B and a Bill to which this section would otherwise apply which has been submitted to the electors under and in accordance with section 5B and has been approved by a majority of the electors voting may be presented to the Governor for Her Majesty’s assent as if this section had not been enacted.
The provisions of this section do not apply to a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 29 (2).
The provisions of this section do not apply to a provision of a Bill, being a provision that would, upon its coming into operation, be a law that amends section 52 for the purpose of extending the application of Part 9 to additional judicial offices or classes of judicial offices.
(Repealed)
Except as otherwise provided by this Act, every Bill—
(a) shall be presented to the Governor for Her Majesty’s assent after its passage through the Legislative Council and the Legislative Assembly, and
(b) shall become an Act of the Legislature when it is assented to by the Governor in the name and on behalf of Her Majesty.
Nothing in subsection (1) (b) precludes Her Majesty from assenting to a Bill while Her Majesty is personally present in the State.
Every Bill shall, on becoming an Act, be transmitted to and enrolled in a public repository of State documents.
For the purposes of this Part, the Governor or any other officer is
(a) has assumed the administration of the government of the Commonwealth, or
(b) is absent from the State, or
(c) is physically or mentally incapacitated, or
(d) is otherwise unavailable to exercise and perform his or her powers and functions.
There shall continue to be a Governor of the State.
The appointment of a person to the office of Governor shall be during Her Majesty’s pleasure by Commission under Her Majesty’s Sign Manual and the Public Seal of the State.
Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court.
There shall continue to be—
(a) a Lieutenant-Governor of the State, and
(b) an Administrator of the State.
The appointment of a person to the office of Lieutenant-Governor shall be during the Governor’s pleasure by Commission under the Public Seal of the State.
The Administrator shall be—
(a) the Chief Justice of the Supreme Court, or
(b) if the Chief Justice is the Lieutenant-Governor or if there is a vacancy in the office of Chief Justice or the Chief Justice is unavailable—the next most senior Judge of the Supreme Court who is for the time being available,
and shall be deemed to have been appointed as Administrator during the Governor’s pleasure.
A person may be appointed as Administrator during the Governor’s pleasure by Commission under the Public Seal of the State and, where such an Administrator has been appointed and is available, subsection (3) does not apply.
The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State or act as deputy to the Governor unless the Lieutenant-Governor or Administrator, as the case may be, has taken on that occasion, or has previously taken, the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court.
Any act, matter or thing done or omitted by the Chief Justice of the Supreme Court (before or after the commencement of this subsection) in the capacity of Lieutenant-Governor is taken to have been done or omitted, and always to have been done or omitted, in the capacity of Administrator if for any reason the Chief Justice was not holding office as Lieutenant-Governor at the relevant time. This subsection extends to any act, matter or thing done or omitted as the Governor’s deputy under section 9D.
The Lieutenant-Governor or Administrator shall, subject to this section, assume the administration of the government of the State if—
(a) there is a vacancy in the office of Governor, or
(b) the Governor is unavailable.
The Governor shall not, for the purposes of this section, be regarded as being unavailable at any time when there is a subsisting appointment of a deputy under section 9D and the deputy is available.
The Administrator shall not assume the administration of the government of the State unless there is a vacancy in the office of Lieutenant-Governor or the Lieutenant-Governor is unavailable.
The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify—
(a) the Premier, or
(b) in the event that the Premier is not able to be contacted to give the notification—the next most senior Minister of the Crown (if any) who is able to be contacted.
Notification is not required if concurrence is required under subsection (4A) for the assumption of administration.
The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State because of any unavailability referred to in section 9 (d) unless—
(a) the Premier has concurred in the assumption of administration, or
(b) in the event that the Premier is not able to be contacted to obtain concurrence—the next most senior Minister of the Crown (if any) who is able to be contacted has concurred in the assumption of administration, or
(c) neither the Premier nor any other Minister of the Crown is able to be contacted to obtain concurrence, and the Lieutenant-Governor or Administrator is of the opinion that the assumption of administration is authorised by subsection (4B).
The Premier or other Minister is not to give concurrence unless of the opinion that the assumption of administration is authorised by subsection (4B).
An assumption of administration because of any unavailability referred to in section 9 (d) is authorised if—
(a) the powers or functions of the Governor are required to be exercised or performed during that unavailability, or
(b) the duration of that unavailability cannot be determined,
and exceptional circumstances require the assumption of administration.
The powers and functions of the Governor vest in the Lieutenant-Governor or Administrator during the administration of the government of the State by the Lieutenant-Governor or Administrator, as the case may be.
The Lieutenant-Governor shall cease to administer the government of the State when—
(a) a person is appointed to fill the vacancy in the office of Governor and has taken the required oaths or affirmations, or
(b) the Governor ceases to be unavailable,
(c) (Repealed)
as the case requires, and the Lieutenant-Governor has been notified accordingly.
The Administrator shall cease to administer the government of the State when—
(a) a person is appointed to fill the vacancy in the office of Governor or Lieutenant-Governor and has taken the required oaths or affirmations, or
(b) the Governor or Lieutenant-Governor ceases to be unavailable,
(c) (Repealed)
as the case requires, and the Administrator has been notified accordingly.
In the event that—
(a) the Governor is to be absent from the State or absent from Sydney but not the State or is suffering from illness, and
(b) the Governor has reason to believe that the duration of the absence or illness will not exceed 4 weeks,
the Governor may, by instrument in writing, appoint the Lieutenant-Governor or Administrator to be the Governor’s deputy during that absence or illness and in that capacity to exercise and perform on behalf of the Governor such of the powers and functions of the Governor as are specified or described in the instrument during the period specified or described in the instrument.
The Administrator shall not be appointed as deputy under this section unless there is a vacancy in the office of Lieutenant-Governor or the Lieutenant-Governor is unavailable.
The Governor shall not appoint a deputy under this section unless—
(a) the Premier has concurred in the appointment of the deputy, or
(b) in the event that the Premier is not able to be contacted to obtain concurrence—the next most senior Minister of the Crown (if any) who is able to be contacted has concurred in the appointment of the deputy, or
(c) neither the Premier nor any other Minister of the Crown is able to be contacted to obtain concurrence.
The appointment of a person as deputy under this section may be revoked by the Governor at any time.
The powers and functions of the Governor shall not be abridged, altered or in any way affected by the appointment of a person as deputy under this section.
For the purposes of this Part—
(a) a reference to the Oath or Affirmation of Allegiance is a reference to an Oath or Affirmation swearing or affirming to be faithful and bear true allegiance to Her Majesty and Her Majesty’s heirs and successors according to law, and
(b) a reference to the Oath or Affirmation of Office is a reference to an Oath or Affirmation swearing or affirming well and truly to serve Her Majesty and Her Majesty’s heirs and successors in the particular office and to do right to all manner of people after the laws and usages of the State, without fear or favour, affection or ill-will.
The Letters Patent dated 29 October 1900, as amended, relating to the office of Governor of the State and all Instructions to the Governor cease to have effect on the commencement of the Constitution (Amendment) Act 1987.
Any existing Commission or appointment given or made pursuant to Letters Patent or pursuant to Instructions referred to in section 9F shall continue in force until revoked or terminated.
A person who holds office under any such Commission or appointment as—
(a) the Governor,
(b) the Lieutenant-Governor,
(c) a Minister of the Crown,
(d) a member of the Executive Council, or
(e) the Vice-President of the Executive Council,
shall, on the commencement of the Constitution (Amendment) Act 1987, be deemed to have been appointed to that office under this Act.
The Constitution (Amendment) Act 1987 does not affect anything done in pursuance of any such Commission or appointment.
Any oath or affirmation taken before the commencement of the Constitution (Amendment) Act 1987 for the purposes of any such Commission or appointment shall be deemed to have been taken pursuant to this Act.
Subsection (1) does not continue in force—
(a) a provision of any such Commission or appointment that is inconsistent with any law, or
(b) the dormant Commission appointing an Administrator of the government of the State dated 16 October 1933.
The Governor shall provide, keep and use the Public Seal of the State.
The seal which, immediately before the commencement of the Constitution (Amendment) Act 1987, was used as the Public Seal of the State shall continue to be so used until a new seal is provided by the Governor.
The Governor is entitled to be paid such remuneration as the Statutory and Other Offices Remuneration Tribunal may from time to time determine, under the Statutory and Other Offices Remuneration Act 1975, in respect of the office of Governor.
Remuneration is not payable under this section to a Governor for any period for which he or she is entitled to remuneration from the Commonwealth in respect of his or her administration of the Government of the Commonwealth.
The Governor may fix the time and place for holding every Session of the Legislative Council and Assembly, and may change or vary such time or place as he may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof.
The Governor may, by proclamation, prorogue the Legislative Council and Assembly whenever the Governor considers it expedient to do so (subject to this section and section 24B).
The Premier or Executive Council may not advise the Governor to prorogue the Legislative Council and Assembly on a date that is before 26 January in the calendar year in which the Legislative Assembly is due to expire and that is after the fourth Saturday in the preceding September.
There shall be a Session of the Legislative Council and Assembly once at least in every year, so that a period of twelve months shall not intervene between the last sitting of the Legislative Council and Assembly in one Session and the first sitting of the Legislative Council and Assembly in the next Session.
Every general election of Members of the Legislative Assembly and every periodic Council election shall be held pursuant to writs issued by the Governor.
A person who is entitled to vote at a periodic Council election or the election of a Member of the Legislative Assembly shall vote at the election and if he does not do so shall be liable to such penalty as may be provided by law.
A Member of the Legislative Council or the Legislative Assembly is not permitted to sit or vote in the House to which the Member has been elected until the Member has taken the pledge of loyalty or oath of allegiance before the Governor or other person authorised by the Governor for that purpose.
The pledge of loyalty is to be in the following form—
Under God, I pledge my loyalty to Australia and to the people of New South Wales.
A Member may omit the words “Under God” when taking the pledge of loyalty.
The oath of allegiance is to be in the following form (with the name of the reigning Sovereign substituted, where appropriate)—
I swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors according to law. So help me God.
A Member may, instead of taking an oath of allegiance, make an affirmation to the same effect.
It is not necessary for a Member who has taken or made an oath or affirmation of allegiance to take or make that oath or affirmation again after any demise of the Crown, including by or on abdication.
This section applies only to Members elected after the commencement of the Constitution Amendment (Pledge of Loyalty) Act 2006.
Any person who directly, or indirectly, himself, or by any person whatsoever in trust for him or for his use or benefit or on his account, undertakes, executes, holds, or enjoys in the whole or in part any contract or agreement for or on account of the Public Service of New South Wales shall be incapable of being elected or of sitting or voting as a Member of the Legislative Council or Legislative Assembly during the time he executes, holds or enjoys any such contract or any part or share thereof or any benefit or emolument arising from the same.
If any person being a Member of such Council or Assembly enters into any such contract or agreement, or, having entered into it, continues to hold it, his seat shall be declared by the said Legislative Council or Legislative Assembly, as the case may require, to be vacant, and thereupon the same shall become and be vacant accordingly.
Provided that nothing in subsection (1) or (2) contained shall extend to any contract or agreement made, entered into, or accepted by any incorporated company, or any trading company consisting of more than twenty persons, where such contract or agreement is made, entered into, or accepted, for the general benefit of such incorporated or trading company.
It is hereby declared that nothing in subsection (1) or (2) extends to—
(a) a contract or agreement for or in respect of a loan to the Treasurer or to a body authorised to borrow by Act of Parliament,
(b) a contract or agreement the benefit or burden of which or any interest in which devolves upon a person—
(i) as beneficiary under a will or as a person entitled to share in the estate of an intestate—until he has been in possession of the benefit, burden or interest, as the case may be, for one year from the date of commencement of the Constitution (Amendment) Act 1962 or from the date of the devolution, whichever is the later date,
(ii) as executor, administrator or trustee—until he has been in possession of the benefit, burden or interest, as the case may be, for three years from the date of commencement of the Constitution (Amendment) Act 1962 or from the date of the devolution, whichever is the later date,
(c) a compromise or settlement in respect of compensation or other money payable by Her Majesty or a statutory body representing Her Majesty,
(d) a lease, licence for occupation, sale, purchase or exchange of land, or a contract or agreement for such a lease, sale, purchase or exchange or for the occupation of land or for an easement; or a gift or an agreement for a gift by any person of land to or for Her Majesty or a statutory body representing Her Majesty,
(e) a contract or agreement for the supply or provision by or to or for Her Majesty or a statutory body representing Her Majesty of goods, wares or merchandise or services (including the provision of insurance or indemnity) where the goods, wares or merchandise or services (including the provision of insurance or indemnity) are supplied or provided on the like terms as those on which they are ordinarily supplied or provided to members of the public,
(f) a loan by Her Majesty or a statutory body representing Her Majesty to any person upon the security of a mortgage, bill of sale, lien or other security upon and subject to the like terms as those ordinarily imposed by Her Majesty or the statutory body on loans made to members of the public.
Notice of any such compromise or settlement as is referred to in paragraph (c) that takes place after the commencement of the Constitution (Amendment) Act 1962 shall be published in the Gazette within two months from the date of the compromise or settlement, as the case may be.
Nothing in—
(a) subsection (1) applies so as to prevent a person who holds an office of profit under the Crown or has a pension from the Crown during pleasure or for a term of years from being elected or of sitting or voting as a Member of either House of Parliament, or
(b) subsection (2) requires or permits the seat of a Member of either House of Parliament who accepts such an office or such a pension to be declared to be, or to become or be, vacant,
by reason only of his holding or accepting that office of profit or his having or accepting that pension.
In subsection (4A),
Nothing in—
(a) subsection (1) applies so as to prevent a person from being elected or from sitting or voting as a Member of either House of Parliament, or
(b) subsection (2) requires or permits the seat of a Member of either House of Parliament to be declared to be, or to become or be, vacant,
on the ground that he or she elects or agrees to be provided with, or receives, employment benefits (including salary sacrifice contributions for superannuation) under the Parliamentary Remuneration Act 1989 or any other Act.
In this section,
If a Member of either House of Parliament—
(a) fails for one whole Session of the Legislative Council and Assembly to give his attendance in the House of which he is a Member, unless excused in that behalf by the permission of that House entered upon its journals,
(b) takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign prince or power or does or concurs in or adopts any act whereby he may become a subject or citizen of any foreign state or power or become entitled to the rights, privileges or immunities of a subject of any foreign state or power,
(c) becomes bankrupt or takes the benefit of any law for the relief of bankrupt or insolvent debtors,
(d) becomes a public defaulter, or
(e) is convicted of an infamous crime, or of an offence punishable by imprisonment for life or for a term of 5 years or more, and is the subject of the operation of subsection (2),
his seat as a Member of that House shall thereby become vacant.
For the purposes of subsection (1) (e), a Member is the subject of the operation of this subsection if—
(a) the Member has not lodged an appeal against the conviction within the prescribed period, or
(b) the conviction has not been quashed on the determination of an appeal or appeals lodged within the prescribed period, or
(c) such an appeal has been lodged within the prescribed period but has been withdrawn, or has lapsed, without being determined, and no other appeal lodged within the prescribed period is pending.
Nothing in this section affects any power that a House has to expel a Member of the House.
An appeal is taken to have lapsed when a court makes a declaration to that effect or relevant rules of court treat the appeal as having lapsed.
In this section—
A person—
(a) holding an office of profit under the Crown, or
(b) having a pension from the Crown during pleasure or for a term of years,
shall not, if he is elected as a Member of either House of Parliament, be capable of sitting and voting as a Member of the House to which he is elected, and his seat as a Member shall become vacant, after the expiration of the period commencing with his election and ending on the expiration of 7 sitting days of that House after notice of his holding that office or having that pension has been given to that House in accordance with its Standing Rules and Orders, unless that House has previously passed a resolution indicating that it is satisfied that that person has ceased to hold that office or, as the case may be, that the right of that person to that pension has ceased or is suspended while he is a Member of that House.
If a Member of either House of Parliament accepts any office of profit under the Crown or pension from the Crown during pleasure or for a term of years, his seat as a Member of that House shall become vacant upon the expiration of the period commencing with his acceptance of the office or the pension and ending on the expiration of 7 sitting days of that House after notice of his accepting that office or pension has been given to that House in accordance with its Standing Rules and Orders, unless that House has previously passed a resolution indicating that it is satisfied that that Member has ceased to hold that office or, as the case may be, that the right of that Member to that pension has ceased or is suspended while he is a Member of that House.
Notwithstanding subsection (1) or (2)—
(a) a person—
(i) who holds or accepts the office of Minister of the Crown or any office of profit under the Crown created by an Act as an office of the Executive Government,
(ii) who holds or accepts an office of profit under the Crown in respect of which he is not entitled to any remuneration, except either fees payable to him, as a member of a body, in respect of his attendance at meetings of that body or an allowance for reasonable expenses incurred or to be incurred in carrying out the duties of the office, or both those fees and such an allowance,
(iii) who holds or accepts an office of profit under the Crown, other than the Crown in right of the State of New South Wales, but not being an office as a member of any legislature of a country other than New South Wales, or
(iv) who has or accepts a pension, referred to in subsection (1) (b) or (2), from the Crown, other than the Crown in right of the State of New South Wales,
shall be capable of being elected and of sitting and voting as a Member of either House of Parliament,
(b) a person who holds or accepts the office of Vice-President of the Executive Council shall be capable of being elected and of sitting and voting as a Member of either House of Parliament, and
(c) a person who holds or accepts the office of Parliamentary Secretary shall be capable of being elected and of sitting and voting as a Member of either House of Parliament.
For the purposes of subsections (1) and (2), sitting days shall be counted, whether or not they occur during the same session of Parliament.
A Member of either House of Parliament shall not be capable of being elected or of sitting or voting as a Member of the other House.
A Member of either House of Parliament in receipt of any allowance or pension granted under any Act authorising the grant of superannuation allowances or pensions to officers in the Public Service shall be entitled to the salary authorised by the Parliamentary Remuneration Tribunal Act 1975, subject to its abatement by the amount he receives or is entitled to as that allowance or pension.
If any person by this Act, except section 13B, disabled or declared to be incapable to sit or vote in the Legislative Council or Legislative Assembly is, nevertheless, elected and returned as a Member to serve in the said Council or the said Assembly, such election and return shall be declared by the said Council and Assembly, as the case may require, to be void, and thereupon the same shall become and be void to all intents and purposes whatsoever.
If any person under any of the disqualifications mentioned in section 13 presumes, whilst so disqualified, to sit or vote as a Member of the said Council or Assembly, such person shall forfeit the sum of one thousand dollars to be recovered by any person who sues for the same in the Supreme Court of New South Wales.
The Governor may, subject to subsections (4) and (5), make regulations for or with respect to—
(a) the disclosure by Members of either House of Parliament of all or any of the following pecuniary interests or other matters—
(i) real or personal property,
(ii) income,
(iii) gifts,
(iv) financial or other contributions to any travel,
(v) shareholdings or other beneficial interests in corporations,
(vi) partnerships,
(vii) details of Members’ interests in trusts, including discretionary trusts and self-managed superannuation funds,
(viia) details of real property held by discretionary trusts, if a Member is a potential beneficiary of the discretionary trust,
(viib) other matters relating to trusts,
(viic) water entitlements and other interests in water,
(viii) positions (whether remunerated or not) held in, or membership of, corporations, trade unions, professional associations or other organisations or associations,
(ix) occupations, trades, professions or vocations,
(x) debts,
(xi) payments of money or transfers of property to relatives or other persons by, or under arrangements made by, Members,
(xii) any other direct or indirect benefits, advantages or liabilities or other matters, whether pecuniary or not, of a kind specified in the regulations,
(b) prescribing the manner in which, and the times at which, pecuniary interests or other matters shall be disclosed and providing for the verification by statutory declaration or otherwise of any such disclosure, and
(c) the compilation and maintenance of registers of pecuniary interests or other matters disclosed by Members of either House of Parliament and the inspection and publication of any such register.
If a regulation is made under subsection (1)(c) requiring the compilation and maintenance of registers, the regulation must include the following requirements—
(a) that the registers be kept in an electronic format, that is searchable, within 12 months after the making of the regulation,
(b) that the registers be accessible by members of the public, subject to any limitations prescribed in the regulations to protect—
(i) the privacy of persons other than Members of either House of Parliament, or
(ii) the safety of a person or class of persons.
If a Member of either House of Parliament wilfully contravenes any regulation made under subsection (1), that House may, in accordance with subsection (3), declare his seat vacant and the seat of the Member shall thereupon become vacant.
A declaration under subsection (2) shall—
(a) specify the circumstances that constitute the contravention,
(b) declare that the House is of the opinion that the contravention is of such a nature as to warrant the seat of the Member being declared vacant, and
(c) be made in accordance with such Standing Rules and Orders of the House as may regulate the making of the declaration.
A regulation shall not be made under subsection (1) for or with respect to the disclosure by Members of either House of Parliament of pecuniary interests or other matters unless it applies in the same way to the disclosure by Members of the other House of Parliament of pecuniary interests or other matters.
Without limiting subsection (1), regulations made under that subsection may relate to the disclosure of the pecuniary interests, or other matters, of members of the immediate family of Members of either House of Parliament.
The Governor shall, before making a regulation under subsection (1)—
(a) afford any committee of either House of Parliament established for the purpose an opportunity of considering and making representations with respect to the proposed regulation, and
(b) take into account any such representations.
Notwithstanding anything to the contrary in the Interpretation Act 1987 or any other Act, a regulation made under subsection (1), or any part thereof, shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.
The publication, pursuant to any regulation made under subsection (1), of a register of pecuniary interests or other matters disclosed by Members of either House of Parliament shall, for the purposes of the Parliamentary Papers (Supplementary Provisions) Act 1975, be deemed to have been authorised by that House.
The Legislative Council and Legislative Assembly shall, as there may be occasion, prepare and adopt respectively Standing Rules and Orders regulating—
(a) the orderly conduct of such Council and Assembly respectively, and
(b) the manner in which such Council and Assembly shall be presided over in case of the absence of the President or the Speaker, and
(c) the mode in which such Council and Assembly shall confer, correspond, and communicate with each other relative to Votes or Bills passed by, or pending in, such Council and Assembly respectively, and
(d) the manner in which Notices of Bills, Resolutions and other business intended to be submitted to such Council and Assembly respectively at any Session thereof may be published for general information, and
(e) the proper passing, entitling, and numbering of the Bills to be introduced into and passed by the said Council and Assembly, and
(f) the proper presentation of the same to the Governor for His Majesty’s Assent, and
(g) any other matter that, by or under this Act, is required or permitted to be regulated by Standing Rules and Orders.
Such Rules and Orders shall by such Council and Assembly respectively be laid before the Governor, and being by him approved shall become binding and of force.
In this Division—
On the commencement of the 1991 reconstitution Act, the Legislative Council is reconstituted.
On and from that commencement, the Legislative Council shall (subject to this Division) consist of 42 Members elected at periodic Council elections.
The following Members of the Legislative Council cease to be Members on the commencement of the 1991 reconstitution Act—
(a) the last 3 members of the Legislative Council elected at the third-last periodic Council election held before that commencement,
(b) if the seat of such a Member has become vacant since that periodic Council election—a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.
(Repealed)
The persons who would, if a periodic Council election were a general election of Members of the Legislative Assembly, be entitled to vote at that general election, and only those persons, shall be entitled to vote at that periodic Council election.
Periodic Council elections shall be conducted in accordance with the provisions of the Sixth Schedule.
(Repealed)
A writ for a periodic Council election shall not be issued until after the issue of the writs for the general election of Members of the Legislative Assembly held next after the immediately preceding periodic Council election and, when issued, shall name as the day for the taking of the poll the same day as the day for the taking of the poll at that general election.
A reference in subsection (3) to a writ does not include a reference to a writ issued by reason of the failure of an election, including a failure of an election by reason of its being declared void in accordance with law.
Subsection (1) does not limit the power of the Legislature to make laws (being laws that do not expressly or impliedly repeal or amend any of the provisions of the Sixth Schedule and are not inconsistent with any of those provisions) for or with respect to the conduct of periodic Council elections.
A Member of the Legislative Council shall cease to be a Member of the Legislative Council—
(a) on the day of his death,
(b) on the day on which his seat as such a Member becomes vacant, otherwise than by reason of paragraph (c), or
(c) on the day on which his term of service as a Member expires under subsection (2), (3) or (4),
whichever first occurs.
Subject to subsection (4), the term of service of a Member of the Legislative Council (other than a long-term continuing Member) shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the second general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.
Subject to subsection (4), the term of service of a long-term continuing Member shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the third general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.
The term of service of a Member of the Legislative Council elected to fill the seat of another Member which has become vacant otherwise than by reason of subsection (1) (c) shall expire on the day on which that other Member’s seat would have become vacant by reason of subsection (1) (c).
In this section,
(a) a member of the Legislative Council who was one of the first 12 Members elected at the third-last periodic Council election held before the commencement of the 1991 reconstitution Act, or
(b) a Member of the Legislative Council who was one of the first 6 Members elected at the second-last periodic Council election held before that commencement, or
(c) if the seat of a Member referred to in paragraph (a) or (b) has become vacant since the periodic Council election concerned—a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.
(Repealed)
Whenever—
(a) a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), or
(b) a vacancy occurs in the seat of a Member of the Legislative Council by reason of section 22B (1) (c) and that vacancy is not filled by reason that insufficient Members of the Legislative Council are elected at the periodic Council election next following the occurrence of the vacancy,
the Governor, by message to both Houses of Parliament, shall convene a joint sitting of the Members of the Legislative Assembly and the Members of the Legislative Council to be held at a place and time specified in the message for the purpose of the election of a person to fill the vacant seat.
A person may not be nominated at any such joint sitting for election to fill a vacant seat of an elected Member of the Legislative Council if he is not eligible to be so nominated under subsection (3) or, if applicable, subsection (4).
A person is not eligible to be so nominated if, were he a Member of the Legislative Council, he would be disqualified from sitting or voting as such a Member.
Where—
(a) a Member of the Legislative Council was elected at a periodic Council election and was, at the time of his election, publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, and
(b) the vacancy (not being a vacancy referred to in subsection (1) (b)) to be filled is in the seat of that Member or of the successor (whether immediate, intermediate or ultimate) of that Member,
a person is not eligible to be so nominated unless he is a member of that party, except where there is no member of that party available to be so nominated.
This section does not apply to or in respect of a vacancy that occurs by reason that a periodic Council election is declared void in accordance with law.
The oath or affirmation required to be taken and subscribed or made by a Member of the Legislative Council under section 12 shall not be taken or made by a person elected at a joint sitting to fill a vacancy referred to in section 22D (1) (a) until the expiration of 2 days after his election.
If, before a person elected at a joint sitting to fill a vacancy referred to in section 22D (1) (a) takes and subscribes the oath or makes the affirmation required to be taken and subscribed or made under section 12, he ceases to be a member of the political party membership of which was necessary under section 22D (4) for him to be eligible to be nominated for that election, he shall be deemed not to have been elected at that joint sitting and the vacant seat of the Member which he was elected to fill shall, when he so ceases to be a member of that party, again be vacant.
More than one vacancy may be filled at the one joint sitting.
The Legislative Council shall not be competent to dispatch any business during the period commencing on the day of the termination, either by dissolution or expiry, of any Legislative Assembly and ending on the day fixed for the return of the writ for the periodic Council election held next after that termination.
There shall be a President of the Legislative Council, who is the Presiding Officer of the Legislative Council and is recognised as its independent and impartial representative.
A person shall be chosen to be President of the Legislative Council—
(a) before the Legislative Council proceeds to the dispatch of any other business at its first meeting following a periodic Council election, and
(b) at any other time when the office of President of the Legislative Council becomes vacant.
The person so chosen shall cease to hold office as President of the Legislative Council immediately before the Legislative Council assembles for the dispatch of business at its first meeting following a periodic Council election, and shall also cease to hold that office—
(a) if he ceases to be a Member of the Legislative Council (unless continued in office under subsection (6A)),
(b) if he is removed from that office by a vote of the Legislative Council, or
(c) if he resigns his office by writing under his hand addressed to the Governor.
The Standing Rules and Orders of the Legislative Council may make provision, not inconsistent with this section, for or with respect to the manner of election of the President and associated matters.
The President shall preside at all meetings of the Legislative Council except as may be provided by the Standing Rules and Orders of the Legislative Council.
The President or other Member presiding may take part in any debate or discussion which may arise in the Legislative Council.
When the business of the Legislative Council is suspended under section 22F—
(a) the person who was the President of the Legislative Council immediately before the suspension of business continues to be the President, and
(b) the person who was the Deputy President and Chair of Committees of the Legislative Council immediately before the suspension of business continues to be the Deputy President and Chair of Committees,
until the Legislative Council assembles for the dispatch of business at its first meeting following the periodic Council election.
Subject to subsection (5), the Deputy President and Chair of Committees of the Legislative Council—
(a) acts as the President of the Legislative Council when the President is unavailable, and
(b) when so acting, has and may exercise and perform all the powers, authorities, duties and functions of the President.
For the purposes of subsection (7), the President is
Whenever a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), the President may notify the Governor of the vacancy.
The presence of at least 8 Members of the Legislative Council (in addition to the President or other Member presiding) shall be necessary to constitute a meeting of the Legislative Council for the dispatch of business.
All questions arising in the Legislative Council shall be decided by a majority of the votes of the Members present other than the President or other Member presiding and when the votes are equal the President or other Member presiding shall have a casting vote.
Any Member of the Legislative Council may, by writing under his hand, addressed to the Governor, resign his seat therein, and upon the receipt of the resignation by the Governor, the seat of that Member shall become vacant.
The Governor may, as occasion requires, by proclamation or otherwise, summon and call together a Legislative Assembly.
A Legislative Assembly shall, unless sooner dissolved under section 24B, expire on the Friday before the first Saturday in March in the fourth calendar year after the calendar year in which the return of the writs for choosing that Assembly occurred.
In this section, a reference to a writ does not include a reference to a writ issued because of the failure of an election, including a failure of an election because of its being declared void in accordance with law.
The writs for a general election of Members of the Legislative Assembly must name as the day for the taking of the poll at that general election—
(a) if the previous Legislative Assembly expired—the fourth Saturday in March next following the expiry, or
(b) if the previous Legislative Assembly was dissolved—a day that is not later than the fortieth day from the date of the issue of the writs.
The Legislative Assembly may be dissolved by the Governor by proclamation, but only in the circumstances authorised by this section.
The Legislative Assembly may be dissolved if—
(a) a motion of no confidence in the Government is passed by the Legislative Assembly (being a motion of which not less than 3 clear days’ notice has been given in the Legislative Assembly), and
(b) during the period commencing on the passage of the motion of no confidence and ending 8 clear days thereafter, the Legislative Assembly has not passed a motion of confidence in the then Government.
After the motion of no confidence is passed, the Legislative Assembly may not be prorogued before the end of that 8-day period and may not be adjourned for a period extending beyond that 8-day period, unless the motion of confidence has been passed.
The Legislative Assembly may be dissolved if it—
(a) rejects a Bill which appropriates revenue or moneys for the ordinary annual services of the Government, or
(b) fails to pass such a Bill before the time that the Governor considers that the appropriation is required.
This subsection does not apply to a Bill which appropriates revenue or moneys for the Legislature only.
The Legislative Assembly may be dissolved within 2 months before the Assembly is due to expire if the general election would otherwise be required to be held during the same period as a Commonwealth election, during a holiday period or at any other inconvenient time.
This section does not prevent the Governor from dissolving the Legislative Assembly in circumstances other than those specified in subsections (2)–(4), despite any advice of the Premier or Executive Council, if the Governor could do so in accordance with established constitutional conventions.
When deciding whether the Legislative Assembly should be dissolved in accordance with this section, the Governor is to consider whether a viable alternative Government can be formed without a dissolution and, in so doing, is to have regard to any motion passed by the Legislative Assembly expressing confidence in an alternative Government in which a named person would be Premier.
Every Legislative Assembly shall consist of 93 Members.
Each Member of a Legislative Assembly shall be elected to represent one electoral district only.
A distribution of New South Wales into electoral districts shall be made—
(a) forthwith after the date of assent to the Constitution (Amendment) Act 1979,
(b) forthwith after the enactment of any Act for the alteration of the number of Members of the Legislative Assembly,
(c) forthwith after a general election of Members of the Legislative Assembly if the next previous distribution applied for the purpose of that general election and the next previous such general election, and
(d) at such additional times as may be provided by law.
The number of electoral districts into which New South Wales shall be distributed upon any such distribution shall be the number that is equal to the number, provided by law, of Members of the Legislative Assembly to be returned at the general election of Members of the Legislative Assembly to be held next after that distribution.
Upon any distribution of New South Wales into electoral districts, the boundaries of each proposed electoral district shall be so determined that, at the time the distribution is made, the number of persons entitled to vote at a general election of Members of the Legislative Assembly in each proposed electoral district is equal to the quotient obtained by dividing the number of persons entitled at that time to vote at any such general election in all of the proposed electoral districts by the number of those proposed electoral districts, but subject to a margin of allowance not exceeding 10 per cent more or less of that quotient.
A distribution of New South Wales into electoral districts shall be made forthwith after more than one-quarter of the number of electoral districts has been malapportioned for a period of more than 2 months.
For the purposes of this section, an electoral district is malapportioned at any particular time if the number of persons then entitled to vote at a general election of Members of the Legislative Assembly in the electoral district differs from the average electoral district enrolment at that time to a greater extent than 5 per cent more or less.
The average electoral district enrolment is the quotient obtained by dividing the number of persons entitled to vote at a general election of Members of the Legislative Assembly in all electoral districts by the number of those districts.
A distribution shall not be made under this section if—
(a) the distribution would commence within 1 year before the expiry of the Legislative Assembly by the effluxion of time, or
(b) a distribution has already been made since the last general election of Members of the Legislative Assembly (whether under this section or not), or
(c) a distribution is required to be made apart from this section.
Elections of Members of the Legislative Assembly shall be conducted in accordance with the provisions of the Seventh Schedule.
Subsection (1) does not limit the power of the Legislature to make laws (being laws that do not expressly or impliedly repeal or amend any of the provisions of the Seventh Schedule and are not inconsistent with any of those provisions) for or with respect to the conduct of elections of Members of the Legislative Assembly.
Upon any general election the Legislative Assembly shall be competent to proceed to the dispatch of business at the time appointed by the Governor for that purpose notwithstanding that any of the writs of election (not exceeding five) have not been returned, or that in any of the electoral districts the electors have failed to elect a Member to serve in the said Assembly.
There shall be a Speaker of the Legislative Assembly, who is the Presiding Officer of the Legislative Assembly and is recognised as its independent and impartial representative.
The Members of the Legislative Assembly shall upon the first assembling after every general election proceed forthwith to elect one of their number to be Speaker, and in case of his death, resignation, or removal by a vote of the said Legislative Assembly, the said Members shall forthwith proceed to elect another of such Members to be such Speaker.
The Speaker so elected shall preside at all meetings of the said Legislative Assembly except as may be provided by the Standing Rules and Orders herein authorised to be made.
The Speaker may, when not presiding—
(a) take part in any debate or discussion, and
(b) vote on any question,
which may arise in the Legislative Assembly.
When the Legislative Assembly is dissolved or expires—
(a) the person who was the Speaker of the Legislative Assembly immediately before the dissolution or expiry continues to be the Speaker, and
(b) the person who was the Deputy Speaker of the Legislative Assembly immediately before the dissolution or expiry continues to be the Deputy Speaker,
until the Legislative Assembly assembles for the dispatch of business at its first meeting following the general election.
Subject to section 31 (3), the Deputy Speaker of the Legislative Assembly—
(a) acts as the Speaker of the Legislative Assembly when the Speaker is unavailable, and
(b) when so acting, has and may exercise and perform all the powers, authorities, duties and functions of the Speaker.
For the purposes of this section, the Speaker is
Without limiting the generality of this section, the Deputy Speaker of the Legislative Assembly, while acting as the Speaker under this section, is taken to be the Speaker for the purposes of section 76 (3) of the Electoral Act 2017.
The election of the Speaker shall be conducted by secret ballot. A ballot is not required if only one candidate is validly nominated, and that candidate shall be declared elected.
Nominations shall be made in writing, and the identity of the nominators and seconders shall not be disclosed by the Clerk of the Legislative Assembly or other person presiding at the election. A nomination is not validly made unless the person nominated accepts nomination, by endorsement on the instrument of nomination.
Nominations shall not be closed until a reasonable opportunity has been given for the Members of the Legislative Assembly desiring to do so to make nominations. Further nominations may not be made between ballots.
The candidates with the smallest number of votes shall be successively withdrawn one by one, and a fresh ballot shall take place after each withdrawal, until one candidate receives the votes of at least two-thirds of the number of Members of the Legislative Assembly for the time being or (if there are only two candidates validly nominated or there are only two candidates left) a majority of the number of Members voting at that ballot. That candidate shall be declared elected.
If there is an equality of votes among the candidates with the smallest number of votes, the ballot shall be taken again, and if again there is such an equality of votes, the Clerk of the Legislative Assembly or other person presiding at the election shall determine, by lot, which of the candidates with the same number of votes shall be withdrawn, as if that candidate had received the smallest number of votes.
If there are only two candidates validly nominated or there are only two candidates left, and if there is an equality of votes among the two candidates, the ballot shall be taken again, and if again there is an equality of votes, the Clerk of the Legislative Assembly or other person presiding at the election shall determine, by lot, which of the candidates is taken to have received the smaller number of votes. The other candidate shall be declared elected.
The Standing Rules and Orders of the Legislative Assembly may make provision, not inconsistent with this section, for or with respect to the manner of election of the Speaker and associated matters.
(Repealed)
The presence of at least twenty Members of the Legislative Assembly, exclusive of the Member presiding, shall be necessary to constitute a meeting of the said Assembly for the dispatch of business.
All questions which may arise in the Legislative Assembly shall be decided by the majority of the votes of the Members present other than the Member presiding, and when the votes are equal the Member presiding shall have a casting vote.
Any Member of the Legislative Assembly may, by writing under his hand, addressed to the Speaker, resign his seat therein, and upon the receipt of such resignation by the Speaker, the seat of such Member shall become vacant.
(Repealed)
In this Part—
The enactment of the Constitution (Amendment) Act 1987 does not affect any law or established constitutional convention relating to the exercise or performance of the functions of the Governor otherwise than on the advice of the Executive Council.
There shall continue to be an Executive Council to advise the Governor in the government of the State.
The Executive Council shall consist of such persons as may be appointed by the Governor, from time to time, as members of the Executive Council.
The members of the Executive Council shall hold office during the Governor’s pleasure.
The Governor may appoint one of the members of the Executive Council as Vice-President of the Executive Council.
Before assuming office, a person appointed as a member of the Executive Council is to take—
(a) the pledge of loyalty or oath of allegiance, and
(b) the Executive Councillor’s oath of office,
before the Governor or other person authorised by the Governor for that purpose.
The pledge of loyalty is to be in the following form—
Under God, I pledge my loyalty to Australia and to the people of New South Wales.
A member of the Executive Council may omit the words “Under God” when taking the pledge of loyalty.
The oath of allegiance is to be in the following form (with the name of the reigning Sovereign substituted, where appropriate)—
I swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors according to law. So help me God.
The Executive Councillor’s oath of office is to be in the following form—
I, being appointed as a member of the Executive Council of New South Wales, do swear that I will perform the functions and duties of an Executive Councillor faithfully and to the best of my ability and, when required to do so, freely give my counsel and advice to the Governor or officer administering the Government of New South Wales for the time being for the good management of the public affairs of New South Wales, and that I will not directly or indirectly reveal matters debated in the Council and committed to my secrecy, but that I will in all things be a true and faithful councillor.
In any such case, unless all vacancies have been filled, the candidate with the fewest votes shall be first excluded and the ballot-papers containing his votes shall be transferred to the continuing candidates as provided in clause 14 (1).
If, on any count, 2 or more candidates have an equal number of votes, and 1 of them has to be excluded, the candidate whose name is on the slip drawn in accordance with subclause (4) of this clause shall be excluded.
If, at the time of their election, 2 or more candidates have an equal number of votes that is more than the quota, the candidate whose name is on the slip drawn in accordance with subclause (4) of this clause shall, for the purposes of clause 16, be deemed to have had the larger or largest surplus.
If, on the final count for filling the last vacancy, 2 candidates have an equal number of votes, 1 candidate shall be excluded in accordance with subclause (1) of this clause and the other shall be elected.
For the purposes of subclauses (1) and (2) of this clause, the names of the candidates who have an equal number of votes having been written on similar slips of paper by the Council returning officer and the slips having been folded by him so as to prevent the description being seen and having been mixed, 1 of those slips shall be drawn at random by him.
(Section 29)
At a poll for the election of a Member of the Legislative Assembly, a voter shall be required to record his vote for 1 candidate and no more but shall be permitted to record his vote for as many more candidates as he pleases, so as to indicate in such manner as may be provided by law the candidates for whom he votes and the order of his preferences for them.
In this Part of this Schedule—
A reference in this Part of this Schedule to an exhausted ballot-paper in relation to any count is a reference to a ballot-paper on which there is not recorded a vote for a continuing candidate.
For the purposes of subclause (2) of this clause, where—
(a) the same preference (other than a first preference) has been recorded on a ballot-paper for more than 1 candidate, the ballot-paper shall be treated as if those preferences and any subsequent preferences had not been recorded on the ballot-paper, or
(b) there is a break in the order of preferences recorded on a ballot-paper, the ballot-paper shall be treated as if any subsequent preference had not been recorded on the ballot-paper.
The method of counting the votes to ascertain the result of an election of a Member of the Legislative Assembly shall be as provided in this Part of this Schedule.
At the close of the poll the returning officer shall ascertain the total number of first preference votes recorded for each candidate on all ballot-papers not rejected by him as informal.
If a candidate has a majority of the first preference votes, he shall be elected.
If no candidate is elected under clause 5, the returning officer shall make a second count.
On the second count, the candidate who has the fewest first preference votes shall be excluded, and each of his ballot-papers that is not exhausted shall be transferred to the candidate next in the order of the voter’s preference and counted to him as a vote.
If, on the second count, a candidate has a majority of the votes remaining in the count, he shall be elected.
If, on the second count, no candidate has a majority of the votes remaining in the count, the process of excluding the candidate who has the fewest votes, transferring each of his ballot-papers that is not exhausted to the continuing candidate next in the order of the voter’s preference and counting it to him as a vote shall be repeated by the returning officer until 1 candidate has a majority of the votes remaining in the count.
The candidate who, in accordance with subclause (1) of this clause, has a majority of the votes remaining in the count shall be elected.
Notwithstanding clause 7 (1) or 8 (1), the process of transferring to a continuing candidate each of the ballot-papers that is not exhausted and counting it to him as a vote shall not be repeated where there is only 1 continuing candidate, but that 1 continuing candidate shall be elected.
Where, on any count at which the candidate with the fewest number of votes has to be excluded, 2 or more candidates have an equal number of votes (that number being fewer than the number of votes that any other candidate has or those candidates being the only continuing candidates)—
(a) such one of those candidates as had the fewest number of votes at the last count at which they did not have an equal number of votes shall be excluded, or
(b) if they had an equal number of votes at all preceding counts, the candidate whose name is on a slip drawn in accordance with subclause (2) of this clause shall be excluded.
For the purposes of subclause (1) of this clause, the names of the candidates who have an equal number of votes having been written on similar slips of paper by the returning officer and the slips having been folded by him so as to prevent the names being seen and having been mixed, 1 of those slips shall be drawn at random by him.
(Repealed)
See also Australia Act 1986 (Commonwealth); Australia Act 1986 (UK); Parliamentary Electorates and Elections Act 1912; and Women’s Legal Status Act 1918.
Constitution Act 1902 No 32. Assented to 18.8.1902. This Act has been amended by this Act, Sch 8, cl 5 and as follows—
No 41 | Parliamentary Elections Act 1906. Reserved 19.12.1906. Assented to 26.3.1907. See GG No 59 of 15.5.1907, p 2716. | |
No 2 | Ministers’ Salaries Act 1907. Assented to 13.1.1908. | |
No 19 | Parliamentary Representatives Allowance Act 1912. Assented to 17.9.1912. | |
No 41 | Parliamentary Electorates and Elections Act 1912. Assented to 26.11.1912. | |
No 20 | Parliamentary Representatives Allowance and Ministers’ Salaries (Amendment) Act 1920. Assented to 21.12.1920. Date of commencement, 1.11.1920, sec 1. | |
No 2 | Parliamentary Allowances and Salaries Act 1922. Assented to 6.5.1922. Date of commencement, 1.7.1922, sec 1 (3). | |
No 6 | Parliamentary Allowances and Salaries Act 1925. Assented to 21.10.1925. Date of commencement, 1.7.1925, sec 1 (3). | |
No 1 | Constitution (Amendment) Act 1925. Assented to 27.1.1926. | |
No 12 | Audit (Amendment) Act 1929. Assented to 8.4.1929. Date of commencement, 30.11.1928, sec 1 (2). | |
No 28 | Constitution (Legislative Council) Amendment Act 1929. Reserved 26.3.1929. Assented to 5.11.1929. See GG No 143 of 24.9.1930, p 3775. Date of commencement, 1.10.1930, sec 1 and GG No 144 of 26.9.1930, p 3779. | |
No 8 | Parliamentary Allowances and Salaries Act 1930. Assented to 15.4.1930. Date of commencement, 1.4.1930, sec 1 (3). | |
No 48 | Parliamentary Allowances and Salaries Act 1932. Assented to 21.12.1932. Date of commencement, 1.12.1932, sec 1 (3). | |
No 2 | Constitution Amendment (Legislative Council) Act 1932. Approved by the electors in accordance with sec 7A of Act No 32, 1902, on 13.5.1933. Assented to 22.6.1933. Date of commencement of sec 4, 23.4.1934, secs 2, 4 (1) and GG No 71 of 16.4.1934, p 1627; date of commencement of sec 5, 23.4.1934, secs 2, 5 (1) and GG No 71 of 16.4.1934, p 1627. | |
No 1 | Constitution (Amendment) Act 1936. Assented to 25.3.1936. | |
No 55 | Demise of the Crown (Amendment) Act 1936. Assented to 11.12.1936. Date of commencement, 11.12.1936, sec 1 (2). | |
No 18 | Parliamentary Allowances and Salaries Act 1938. Assented to 31.10.1938. Date of commencement, 1.7.1938, sec 1 (3). | |
No 28 | Parliamentary Allowances and Salaries Act 1947. Assented to 9.12.1947. Date of commencement (sec 2 (3) (a) excepted), 1.7.1947, sec 1 (3); date of commencement of sec 2 (3) (a), 30.10.1947, sec 2 (3) (b). | |
No 34 | Constitution Amendment (Legislative Council Members Allowances) Act 1948. Assented to 2.12.1948. Date of commencement, 1.9.1948, sec 1 (2). (Act repealed by Act No 25, 1975, Sch 2.) | |
No 33 | Constitution Amendment (Legislative Assembly) Act 1950. Reserved 2.11.1950. Assented to 1.2.1951. See GG No 22 of 9.2.1951, p 405. | |
No 63 | Parliamentary Allowances and Salaries Act 1951. Assented to 28.12.1951. Date of commencement, 1.1.1952, sec 1 (3). | |
No 22 | Parliamentary Allowances and Salaries Act 1956. Assented to 12.10.1956. Date of commencement, 3.3.1956, sec 1 (3). | |
No 36 | Parliamentary Allowances and Salaries Act 1959. Assented to 10.12.1959. Date of commencement, 1.7.1959, sec 1 (2). | |
No 39 | Constitution (Amendment) Act 1962. Reserved 14.12.1962. Assented to 17.1.1963. See GG No 37 of 26.4.1963, p 1104. | |
No 36 | Parliamentary Allowances and Salaries (Amendment) Act 1963. Assented to 10.10.1963. Date of commencement, 1.7.1963, sec 1 (2). | |
No 33 | Decimal Currency Act 1965. Assented to 20.12.1965. Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the Currency Act 1965 (Commonwealth), sec 2 (2). | |
No 29 | Parliamentary Allowances and Salaries (Amendment) Act 1966. Assented to 13.4.1966. Date of commencement, 1.7.1966, sec 1 (3). | |
No 60 | Constitution (Amendment) Act 1968. Assented to 16.12.1968. | |
No 41 | Parliamentary Allowances and Salaries (Amendment) Act 1969. Assented to 17.4.1969. Date of commencement, 1.7.1969, sec 1 (2). | |
No 52 | Parliamentary Allowances and Salaries (Amendment) Act 1971. Assented to 14.12.1971. Date of commencement, 1.1.1972, sec 1 (2). | |
No 48 | Reprints Act 1972. Assented to 9.10.1972. | |
No 7 | Parliamentary Allowances and Salaries (Amendment) Act 1974. Assented to 26.3.1974. Date of commencement, 1.1.1974, sec 2. | |
No 2 | Parliamentary Allowances and Salaries (Amendment) Act 1975. Assented to 1.4.1975. Date of commencement of sec 3 (sec 3 (b) (ii) excepted), 1.1.1975, sec 2; date of commencement of sec 3 (b) (ii), 1.7.1975, sec 2 (2). | |
No 25 | Parliamentary Remuneration Tribunal Act 1975. Assented to 14.4.1975. Date of commencement of Sch 2, 1.1.1976, sec 2 (2). | |
No 67 | Constitution and Other Acts (Amendment) Act 1975. Assented to 31.10.1975. (Sec 8 repealed by Act No 25, 1975, Sch 2 (as amended by Act No 67, 1975, sec 9 (b)).) | |
No 48 | Constitution (Ministers of the Crown) Amendment Act 1976. Assented to 27.10.1976. Date of commencement of sec 3, 14.5.1976, sec 2 (2). | |
No 46 | Constitution (Amendment) Act 1978. Reserved 3.4.1978. Assented to 25.7.1978. See GG No 89 of 2.8.1978, p 3237. | |
No 75 | Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978. Assented to 10.8.1978. | |
No 38 | Constitution (Amendment) Act 1979. Assented to 30.4.1979. | |
No 91 | Constitution (Public Service) Amendment Act 1979. Assented to 16.5.1979. Date of commencement of sec 3, 28.9.1979, sec 2 (2) and GG No 130 of 21.9.1979, p 4666. | |
No 13 | Constitution (Amendment) Act 1980. Assented to 15.4.1980. Date of commencement of Sch 1, 5.8.1980, sec 2 (2) and GG No 102 of 1.8.1980, p 3895. | |
No 102 | Constitution (Legislative Assembly) Amendment Act 1981. Reserved 12.11.1981. Assented to 16.12.1981. See GG No 14 of 29.1.1982, p 341. | |
No 103 | Constitution (Disclosures by Members) Amendment Act 1981. Reserved 12.11.1981. Assented to 16.12.1981. See GG No 14 of 29.1.1982, p 342. | |
No 95 | Constitution (Consolidated Fund) Amendment Act 1982. Assented to 6.9.1982. Date of commencement of Sch 1 (5) and (9), 30.11.1982, sec 2 (3). | |
No 153 | Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983. Assented to 29.12.1983. Date of commencement of Sch 1, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19. | |
No 21 | Constitution (Enrolment of Acts) Amendment Act 1984. Assented to 6.6.1984. Date of commencement of Sch 1, 1.3.1985, sec 2 (2) and GG No 178 of 21.12.1984, p 6298. | |
No 153 | Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984. | |
No 16 | Statute Law (Miscellaneous Provisions) Act 1986. Assented to 1.5.1986. | |
No 57 | Constitution (Amendment) Act 1986. Assented to 20.5.1986. | |
No 111 | Constitution (Local Government) Amendment Act 1986. Assented to 27.11.1986. | |
No 48 | Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. | |
No 64 | Constitution (Amendment) Act 1987. Assented to 3.6.1987. | |
No 2 | Constitution (Parliamentary Secretaries) Amendment Act 1988. Assented to 10.6.1988. Date of commencement, assent, sec 2. | |
No 52 | Constitution (Governor’s Salary) Amendment Act 1988. Assented to 26.10.1988. Date of commencement, 28 days after assent. | |
No 17 | Constitution (Legislative Assembly) Amendment Act 1990. Assented to 14.6.1990. Date of commencement, assent, sec 2. | |
No 111 | Constitution and Parliamentary Electorates and Elections (Amendment) Act 1990. Assented to 18.12.1990. Date of commencement, 29.3.1991, sec 2 and GG No 52 of 28.3.1991, p 2462. | |
No 17 | Statute Law (Miscellaneous Provisions) Act 1991. Assented to 3.5.1991. Date of commencement of the provisions of Sch 1 relating to the Constitution Act 1902, assent, sec 2. | |
No 20 | Constitution (Legislative Council) Amendment Act 1991. Assented to 1.7.1991. Date of commencement, assent, sec 2. | |
No 61 | Constitution (Legislative Council) Further Amendment Act 1991. Assented to 13.12.1991. Date of commencement, day after the date of assent, sec 2. | |
No 106 | Constitution (Amendment) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 1 | Constitution (Fixed Term Parliaments) Amendment Act 1993. Assented to 2.5.1995. Date of commencement, assent, sec 2. | |
No 2 | Constitution (Entrenchment) Amendment Act 1992. Assented to 2.5.1995. Date of commencement, assent, sec 2. | |
No 36 | Public Sector Management Amendment Act 1995. Assented to 25.9.1995. Date of commencement, 13.10.1995, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1995 No 99. Assented to 21.12.1995. Date of commencement of the provision of Sch 2 relating to the Public Sector Management Amendment Act 1995, assent, sec 2 (2). | |
No 17 | Industrial Relations Act 1996. Assented to 13.6.1996. Date of commencement of the provision of Sch 5 relating to the Constitution Act 1902, 2.9.1996, sec 2 and GG No 99 of 30.8.1996, p 4983. | |
No 88 | Constitution and Parliamentary Electorates and Elections Amendment Act 1997. Assented to 23.10.1997. Date of commencement, assent, sec 2. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.7, assent, sec 2 (2). | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 1.7, assent, sec 2 (2). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.90, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 30 | Constitution Amendment Act 2000. Assented to 9.6.2000. Date of commencement, assent, sec 2. | |
No 66 | Constitution Amendment (Governor’s Salary) Act 2003. Assented to 20.11.2003. Date of commencement, 2.10.2014, sec 2. | |
No 31 | Courts Legislation Amendment Act 2005. Assented to 15.6.2005. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 6 | Constitution Amendment (Pledge of Loyalty) Act 2006. Assented to 3.4.2006. Date of commencement, assent, sec 2. | |
No 32 | Constitution Amendment (Governor) Act 2006. Assented to 31.5.2006. Date of commencement, assent, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.8, assent, sec 2 (2). | |
No 31 | Constitution Amendment (Speaker) Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 1.15, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 13 | Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009. Assented to 7.4.2009. Date of commencement of Sch 2.3, 1.6.2009, sec 2 and 2009 (178) LW 22.5.2009. | |
No 62 | Parliamentary Remuneration Amendment (Salary Packaging) Act 2009. Assented to 16.9.2009. Date of commencement, assent, sec 2. | |
No 83 | Constitution Amendment (Lieutenant-Governor) Act 2009. Assented to 19.11.2009. Date of commencement, assent, sec 2. | |
No 75 | Constitution Amendment (Recognition of Aboriginal People) Act 2010. Assented to 25.10.2010. Date of commencement, assent, sec 2. | |
No 3 | Constitution Amendment (Prorogation of Parliament) Act 2011. Assented to 16.5.2011. Date of commencement, assent, sec 2. | |
No 33 | Constitution Amendment (Restoration of Oaths of Allegiance) Act 2012. Assented to 5.6.2012. Date of commencement, assent, sec 2. | |
No 40 | Government Sector Employment Act 2013. Assented to 25.6.2013. Date of commencement of Sch 6.2, 24.2.2014, sec 2 and 2013 (631) LW 8.11.2013. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.3, 4.7.2014, sec 2 (1). | |
No 61 | Constitution Amendment (Parliamentary Presiding Officers) Act 2014. Assented to 28.10.2014. Date of commencement, assent, sec 2. | |
No 2 | Government Sector Employment Legislation Amendment Act 2016. Assented to 2.3.2016. Date of commencement of Sch 5.2, 1.7.2016, sec 2 (2) and 2016 (390) LW 1.7.2016. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4.17, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.9, assent, sec 2(1). | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.4, assent, sec 2(1). | |
No 15 | Constitution Amendment (Virtual Attendance) Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
No 56 | Constitution Amendment (Appointment of Lieutenant-Governor and Administrator) Act 2022. Assented to 26.10.2022. Date of commencement, assent, sec 2. | |
No 77 | Integrity Legislation Amendment Act 2022. Assented to 28.11.2022. Date of commencement, assent, sec 2. | |
No 5 | Constitution Amendment (Sydney Water and Hunter Water) Act 2023. Assented to 8.6.2023. Date of commencement, assent, sec 2. | |
No 1 | Constitution Amendment (Executive Council) Act 2024. Assented to 19.2.2024. Date of commencement, assent, sec 2. | |
No 35 | Government Sector Employment and Other Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement, 1.7.2024, sec 2 and 2024 (235) LW 26.6.2024. | |
No 53 | District Court Legislation Amendment Act 2025. Assented to 17.9.2025. Date of commencement, assent, sec 2. |
This Act has also been amended—
(a) by proclamations under sec 28A, and
(b) pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 12.4.1976, and published in Gazette No 54 of 15.4.1976, p 1706, declaring that the Constitution Act 1902, sec 24A excepted, is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.
No reference is made to certain amendments made by the Decimal Currency Act 1965 and the Reprints Act 1972.
Sec 1 | Am 1975 No 67, sec 7 (a); 1978 No 75, Sch 1 (1); 1979 No 91, sec 3 (a); 1982 No 95, Sch 1 (1); 1984 No 21, Sch 1 (1). Subst 1986 No 16, Sch 5 (1). |
Sec 2 | Subst 2010 No 75, sec 3. |
Sec 3 | Am 1978 No 75, Sch 1 (2); 1991 No 20, Sch 1 (1); 2022 No 15, sec 3(1) (2). |
Sec 5A | Ins 1933 No 2, sec 5 (2). |
Sec 5B | Ins 1933 No 2, sec 5 (2). Am 1978 No 75, Sch 1 (3). |
Sec 5C | Ins 1933 No 2, sec 5 (2). |
Sec 6 | Rep 1979 No 38, Sch 1 (1). |
Sec 7 | Am 1978 No 46, sec 2; 1978 No 75, Sch 1 (4) (a); 1979 No 38, Sch 1 (2). See also Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978, sec 3 (2) and Sch 1 (4) (b). |
Sec 7A | Ins 1929 No 28, sec 2. Am 1933 No 2, secs 3 (2), 5 (4); 1978 No 75, Sch 1 (5); 1981 No 103, Sch 1 (1); 1991 No 20, Sch 1 (2). |
Sec 7B | Ins 1979 No 38, Sch 1 (3). Am 1981 No 102, Sch 1 (1); 1995 No 1, Sch 1 (1); 1995 No 2, Sch 1. |
Sec 8 | Rep 1987 No 64, Sch 1 (1). |
Sec 8A | Ins 1987 No 64, Sch 1 (2). Am 2013 No 40, Sch 6.2 [5]. |
Part 2A | Ins 1987 No 64, Sch 1 (3). |
Sec 9 | Rep 1987 No 64, Sch 1 (1). Ins 2006 No 32, Sch 1 [1]. |
Sec 9A | Ins 1987 No 64, Sch 1 (3). |
Sec 9B | Ins 1987 No 64, Sch 1 (3). Am 2006 No 32, Sch 1 [2] [3]; 2009 No 83, sec 3; 2022 No 56, sec 3(1)–(3). |
Sec 9C | Ins 1987 No 64, Sch 1 (3). Am 2006 No 32, Sch 1 [4]–[6]; 2008 No 114, Sch 1.6. |
Sec 9D | Ins 1987 No 64, Sch 1 (3). Am 2006 No 32, Sch 1 [7] [8]. |
Secs 9E–9H | Ins 1987 No 64, Sch 1 (3). |
Sec 9I | Ins 1988 No 52, sec 2. Am 1991 No 17, Sch 1. Subst 2003 No 66, Sch 1. |
Sec 10 | Am 1995 No 1, Sch 1 (2); 2011 No 3, sec 3 (1). |
Sec 10A | Ins 2011 No 3, sec 3 (2). |
Sec 11A | Ins 1978 No 75, Sch 1 (6). |
Sec 11B | Ins 1979 No 38, Sch 1 (4). |
Sec 12 | Am 1936 No 55, sec 2 (b); 1984 No 153, Sch 16. Subst 2006 No 6, Sch 1 [1]. Am 2012 No 33, Sch 1 [1] [2]. |
Sec 13 | Am 1933 No 2, sec 4 (4); 1962 No 39, sec 2 (a); 1980 No 13, Sch 1 (1); 2009 No 62, Sch 2.1. |
Sec 13A | Ins 1978 No 75, Sch 1 (7). Am 1999 No 94, Sch 4.90; 2000 No 30, Sch 1 [1] [2]. |
Sec 13B | Ins 1978 No 75, Sch 1 (7). Am 1980 No 13, Sch 1 (2); 1987 No 64, Sch 1 (4); 1988 No 2, Sch 1 (1). |
Secs 13C, 13D | Ins 1978 No 75, Sch 1 (7). |
Sec 14 | Am 1933 No 2, sec 4 (5); 1978 No 75, Sch 1 (8); 1980 No 13, Sch 1 (3). |
Sec 14A | Ins 1981 No 103, Sch 1 (2). Am 1987 No 48, Sch 32; 2022 No 77, Sch 1.1[1]–[5]. |
Sec 15 | Am 1981 No 103, Sch 1 (3). |
Part 3, Div 2 | Subst 1978 No 75, Sch 1 (9). |
Sec 16 | Am 1926 No 1, sec 2. Rep 1933 No 2, sec 4 (2). Ins 1978 No 75, Sch 1 (9). Subst 1991 No 20, Sch 1 (3). |
Sec 17 | Rep 1933 No 2, sec 4 (2). Ins 1978 No 75, Sch 1 (9). Subst 1991 No 20, Sch 1 (3). |
Secs 17A–17E | Ins 1933 No 2, sec 3 (1). Rep 1978 No 75, Sch 1 (9). |
Sec 17F | Ins 1933 No 2, sec 4 (3). Rep 1978 No 75, Sch 1 (9). |
Sec 17G | Ins 1948 No 34, sec 2. Am 1951 No 63, sec 2 (a); 1956 No 22, sec 2 (1); 1963 No 36, sec 2 (a); 1966 No 29, sec 2 (a); 1969 No 41, sec 2 (a); 1971 No 52, sec 2 (a); 1974 No 7, sec 3 (a); 1975 No 2, sec 3 (a). Rep 1975 No 25, sec 15 (2) (a). |
Sec 17H | Ins 1948 No 34, sec 2. Am 1966 No 29, sec 2 (b); 1968 No 60, sec 2 (a). Rep 1975 No 25, sec 15 (2) (a). |
Sec 18 | Subst 1978 No 75, Sch 1 (9). Rep 1991 No 20, Sch 1 (3). |
Sec 19 | Am 1962 No 39, sec 2 (b). Subst 1978 No 75, Sch 1 (9). Rep 1991 No 20, Sch 1 (3). |
Sec 20 | Subst 1933 No 2, sec 4 (6); 1978 No 75, Sch 1 (9). Rep 1991 No 20, Sch 1 (3). |
Sec 21 | Subst 1933 No 2, sec 4 (7); 1978 No 75, Sch 1 (9). Rep 1991 No 20, Sch 1 (3). |
Sec 22 | Am 1933 No 2, sec 4 (8). Subst 1978 No 75, Sch 1 (9). |
Sec 22A | Ins 1978 No 75, Sch 1 (9). Am 1991 No 20, Sch 1 (4). |
Sec 22B | Ins 1978 No 75, Sch 1 (9). Am 1991 No 20, Sch 1 (5). |
Sec 22C | Ins 1978 No 75, Sch 1 (9). Rep 1991 No 20, Sch 1 (6). |
Sec 22D | Ins 1978 No 75, Sch 1 (9). Am 1991 No 20, Sch 1 (7). |
Secs 22E, 22F | Ins 1978 No 75, Sch 1 (9). |
Sec 22G | Ins 1978 No 75, Sch 1 (9). Am 1991 No 20, Sch 1 (8); 1991 No 61, Sch 1 (1); 1992 No 106, Sch 1 (1); 2007 No 27, Sch 1.8; 2014 No 61, Sch 1 [1]–[4]. |
Sec 22H | Ins 1978 No 75, Sch 1 (9). Subst 1991 No 61, Sch 1 (2). |
Secs 22I, 22J | Ins 1978 No 75, Sch 1 (9). |
Sec 23 | Am 1987 No 64, Sch 1 (5). |
Sec 24 | Am 1981 No 102, Sch 1 (2). Subst 1995 No 1, Sch 1 (3). |
Sec 24A | Ins 1950 No 33, sec 2. Rep 1981 No 102, Sch 1 (3). Ins 1995 No 1, Sch 1 (4). |
Sec 24B | Ins 1995 No 1, Sch 1 (4). |
Sec 25 | Rep 1978 No 75, Sch 1 (10). Ins 1979 No 38, Sch 1 (5). Am 1986 No 57, sec 2 (1)–(3); 1990 No 17, Sch 1; 1997 No 88, Sch 1 [1]. |
Sec 26 | Am 1975 No 67, sec 7 (b). Rep 1978 No 75, Sch 1 (11). Ins 1979 No 38, Sch 1 (5). |
Sec 27 | Am 1906 No 41, sec 60; 1912 No 41, sec 187; 1975 No 67, sec 7 (c). Rep 1978 No 75, Sch 1 (12). Ins 1979 No 38, Sch 1 (5). |
Sec 28 | Am 1906 No 41, sec 61; 1912 No 19, sec 2; 1912 No 41, sec 188; 1920 No 20, sec 2; 1922 No 2, sec 2; 1925 No 6, sec 2; 1930 No 8, sec 2; 1932 No 48, sec 3; 1938 No 18, sec 2; 1947 No 28, sec 2 (1); 1951 No 63, sec 2 (b); 1956 No 22, sec 3 (a); 1959 No 36, sec 2 (a); 1963 No 36, sec 2 (b); 1966 No 29, sec 2 (c); 1969 No 41, sec 2 (b); 1971 No 52, sec 2 (b); 1974 No 7, sec 3 (b); 1975 No 2, sec 3 (b). Rep 1975 No 25, sec 15 (2) (a). Ins 1979 No 38, Sch 1 (5). |
Sec 28A | Ins 1956 No 22, sec 3 (b). Am 1971 No 52, sec 2 (c). Rep 1975 No 25, sec 15 (2) (a). Ins 1990 No 111, sec 3. |
Sec 29 | Am 1956 No 22, sec 3 (c); 1966 No 29, sec 2 (d); 1968 No 60, sec 2 (b); 1975 No 25, sec 15 (2) (b)–(e); 1975 No 67, sec 7 (d). Rep 1978 No 75, Sch 1 (13). Ins 1979 No 38, Sch 1 (5). |
Sec 31 | Am 1978 No 75, Sch 1 (14); 1992 No 106, Sch 1 (2); 2007 No 31, Sch 1 [1]; 2014 No 61, Sch 1 [5]. |
Sec 31A | Ins 1936 No 1, sec 2. Am 1999 No 31, Sch 1.7. Subst 2014 No 61, Sch 1 [6]. Am 2017 No 66, Sch 8.4. |
Sec 31B | Ins 1992 No 106, Sch 1 (3). Am 2014 No 61, Sch 1 [7]. |
Sec 32 | Am 2007 No 31, Sch 1 [2] [3]. |
Sec 34 | Rep 1978 No 75, Sch 1 (15). |
Part 4, heading | Subst 1987 No 64, Sch 1 (6). |
Part 4, Div 1, heading | Ins 1987 No 64, Sch 1 (7). |
Sec 35 | Am 1975 No 67, sec 4 (a). Subst 1987 No 64, Sch 1 (7). |
Sec 35A | Ins 1987 No 64, Sch 1 (7). |
Part 4, Div 2 | Ins 1987 No 64, Sch 1 (7). |
Secs 35B, 35C | Ins 1987 No 64, Sch 1 (7). |
Sec 35CA | Ins 2006 No 6, Sch 1 [2]. Am 2012 No 33, Sch 1 [3]–[5]. |
Sec 35D | Ins 1987 No 64, Sch 1 (7). Am 2024 No 1, Sch 1. |
Part 4, Div 3 | Ins 1987 No 64, Sch 1 (7). |
Sec 35E | Ins 1987 No 64, Sch 1 (7). |
Sec 35F | Ins 1987 No 64, Sch 1 (7). Rep 1997 No 88, Sch 1 [2]. |
Part 4, Div 4, heading | Ins 1987 No 64, Sch 1 (7). |
Sec 36 | Subst 1975 No 67, sec 4 (b). Am 1987 No 64, Sch 1 (8) (a)–(e). |
Sec 37 | Subst 1975 No 67, sec 4 (b). Am 1987 No 64, Sch 1 (8) (b) (d) (f) (g). |
Sec 37A | Ins 1975 No 67, sec 4 (b). Am 1987 No 64, Sch 1 (8) (a) (b) (h) (i). |
Sec 38 | Subst 1975 No 67, sec 4 (b). Am 1987 No 64, Sch 1 (8) (a). |
Sec 38A | Ins 1933 No 2, sec 5 (3). Am 1987 No 64, Sch 1 (8) (i). |
Part 4A | Ins 1975 No 67, sec 7 (e). |
Sec 38B | Ins 1975 No 67, sec 7 (e). Am 1988 No 2, Sch 1 (2). |
Sec 38C | Ins 1975 No 67, sec 7 (e). |
Sec 38D | Ins 1975 No 67, sec 7 (e). Am 1988 No 2, Sch 1 (3). |
Sec 38E | Ins 1975 No 67, sec 7 (e). |
Part 5, heading | Am 1982 No 95, Sch 1 (2). |
Sec 39 | Subst 1982 No 95, Sch 1 (3). |
Sec 40 | Am 1982 No 95, Sch 1 (4). |
Sec 41 | Am 1908 No 2, sec 2 (1); 1920 No 20, sec 3; 1922 No 2, sec 3; 1925 No 6, sec 3 (a); 1929 No 12, sec 3 (a); 1930 No 8, sec 3 (a); 1932 No 48, sec 4 (a); 1938 No 18, sec 3 (a). Rep 1982 No 95, Sch 1 (5). |
Secs 42, 43 | Rep 1982 No 95, Sch 1 (5). |
Sec 44 | Am 1982 No 95, Sch 1 (6). Rep 1983 No 153, Sch 1. |
Sec 45 | Am 1982 No 95, Sch 1 (7). |
Sec 46 | Am 1982 No 95, Sch 1 (8); 1987 No 64, Sch 1 (9). |
Part 6, heading | Am 1979 No 91, sec 3 (b); 2013 No 40, Sch 6.2 [1]. |
Sec 47 | Am 1998 No 120, Sch 1.7. Subst 2013 No 40, Sch 6.2 [2]. Am 2016 No 2, Sch 5.2 [1]. |
Sec 47A | Ins 2013 No 40, Sch 6.2 [2]. Am 2016 No 2, Sch 5.2 [2]. |
Sec 47B | Ins 2016 No 2, Sch 5.2 [3]. |
Sec 48 | Ins 1979 No 91, sec 3 (c). Am 1987 No 64, Sch 1 (9); 2013 No 40, Sch 6.2 [3]. |
Sec 49 | Ins 1979 No 91, sec 3 (c). Rep 1995 No 36, sec 4. |
Sec 49A | Ins 1986 No 16, Sch 5 (2). |
Part 7 | Ins 1984 No 21, Sch 1 (2). Subst 2013 No 40, Sch 6.2 [4]. |
Sec 50 | Ins 1984 No 21, Sch 1 (2). Rep 2013 No 40, Sch 6.2 [4]. |
Secs 50A–50C | Ins 2013 No 40, Sch 6.2 [4]. |
Sec 50D | Ins 2013 No 40, Sch 6.2 [4]. Am 2016 No 2, Sch 5.2 [4]. |
Secs 50E, 50F | Ins 2013 No 40, Sch 6.2 [4]. |
Sec 50G | Ins 2013 No 40, Sch 6.2 [4]. Am 2014 No 33, Sch 3.3; 2024 No 35, Sch 3.3. |
Part 8 | Ins 1986 No 111, sec 2. |
Sec 51 | Ins 1986 No 111, sec 2. Am 2017 No 17, Sch 4.17. |
Part 9 | Ins 1992 No 106, Sch 1 (4). |
Sec 52 | Ins 1992 No 106, Sch 1 (4). Am 1996 No 17, Sch 5; 2005 No 31, Sch 3; 2007 No 94, Sch 1.15; 2009 No 13, Sch 2.3; 2025 No 53, Sch 2.2. |
Secs 53–56 | Ins 1992 No 106, Sch 1 (4). |
Part 10 | Ins 2023 No 5, Sch 1. |
Sec 57 | Ins 2023 No 5, Sch 1. |
First Sch | Rep 2010 No 75, sec 3. |
Second Sch | Am 1908 No 2, sec 4; 1920 No 20, sec 4. Subst 1947 No 28, sec 2 (3) (a); 1951 No 63, sec 2 (c). Am 1968 No 60, sec 2 (c); 1976 No 48, sec 3. Rep 1987 No 64, Sch 1 (11). |
Third Sch | Am 1908 No 2, sec 2 (2); 1920 No 20, sec 5; 1922 No 2, sec 4; 1925 No 6, sec 3 (b) (c); 1929 No 12, sec 3 (b); 1930 No 8, sec 3 (b) (c); 1932 No 48, sec 4 (b) (c); 1938 No 18, sec 3 (b). Rep 1982 No 95, Sch 1 (9). |
Fourth Sch | Rep 1982 No 95, Sch 1 (9). |
Fifth Sch | Ins 1956 No 22, sec 3 (d). Am GG No 54 of 8.5.1959, p 1438; 1959 No 36, sec 2 (b); GG No 29 of 30.3.1962, p 844; GG No 35 of 13.4.1962, p 1018. Subst 1963 No 36, sec 2 (c); 1966 No 29, sec 2 (e). Am GG No 26 of 28.2.1968, p 797; 1969 No 41, sec 2 (c); GG No 23 of 3.3.1971, p 635; 1971 No 52, sec 2 (d); GG No 147 of 30.11.1973, p 5098; 1974 No 7, sec 3 (c); 1975 No 2, sec 3 (c). Rep 1975 No 25, sec 15 (2) (a). Ins 1978 No 75, Sch 1 (16). Rep 1991 No 20, Sch 1 (9). |
Sixth Sch | Ins 1978 No 75, Sch 1 (16). Am 1991 No 20, Sch 1 (10). |
Seventh Sch | Ins 1979 No 38, Sch 1 (6). |
Sch 8, heading | Subst 2022 No 5, Sch 1.4[1]. |
Sch 8 | Ins 2020 No 1, Sch 2.4. Am 2021 No 4, Sch 1.9[1] [2]; 2022 No 5, Sch 1.4[2] [3]. Rep 1902 No 32, Sch 8, cl 5. |
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