Constitution Act 1975 (Vic)

Version No. 226

Constitution Act 1975

No. 8750 of 1975

Version incorporating amendments as at

20 August 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

1ARecognition of Aboriginal people

2Existing laws

3Laws of England to be applied in the administration of justice

4Continuation of existing Houses

5Definitions

5ADefinitions relating to pensions

Part I—The Crown

6The Governor^,

6ALieutenant-Governor and Administrator

6BAdministration by Lieutenant-Governor or Administrator

6CDeputy for Governor during short illness or absence

6DOath or Affirmation

6EOffices are not agencies under Freedom of Information Act 1982

7Appropriation for staff and other expenses of the Governor

7AGovernor's pension

7BElection of Governor to commute future pensions for payment of superannuation contributions surcharge

7CActuary's first calculation after Governor's election to commute pensions

7DActuary's second calculation after Governor's election to commute pensions and payment of lump sum

7EElection of former Governor to commute pensions for payment of superannuation contributions surcharge

7FActuary's calculation after former Governor's election to commute pensions

7GPayment and commutation of the former Governor's pension

7HElection of Governor's partner to commute pension for payment of superannuation contributions surcharge

7IActuary's calculation of reduction of pension of former Governor's partner

7JPayment and commutation of pension of former Governor's partner

8Convocation, prorogation and dissolution

8ADissolution of Assembly after a no confidence motion

9Demise of the Crown not to dissolve Parliament

10Certain acts not to be affected by a demise of the Crown

11All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown

12Exercise by the Governor of powers given to and reservation in favour of Her Majesty

13Contracts by or on behalf of Her Majesty

14Governor's amendments

Part II—The Parliament

Division 1—Constitution and powers

15Parliament

16Legislative power of Parliament

16AThe principle of Government mandate

17Waste lands of the Crown

18Power for Parliament to alter this Act

Division 2—Privileges of Parliament

19Privileges powers etc. of Council and Assembly

19APower to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses

Division 3—Summoning of Parliament. Oath of allegiance

20Summoning of Parliament

21Effect of summoning of Parliament

22How in case of adjournment orders of either House shall be deemed to have been appointed

23Oath of allegiance

Division 4—Presiding officers

24As to term of office and power of presiding officers

Division 5—Legislative Council

25Definitions

Subdivision (1)—Regions and members

26Number of members of the Council

27Division of Victoria into 8 regions

27AFilling of casual vacancies in the Council

28Duration of the Council

29Member of Assembly not capable of being member of Council

29ATitle of members

30Resignation of members

Subdivision (2)—Proceedings of the Council

31Election of President

32Quorum of Legislative Council

Division 6—Legislative Assembly

33Definitions

Subdivision (1)—Districts and members

34Constitution of Assembly

35Division of Victoria into electoral districts

36Member of Council not capable of being member of Assembly

37Resignation of members

Subdivision (2)—Duration of the Assembly

38Duration of Assembly

38ADate of general election

Subdivision (3)—Proceedings of the Assembly

39Election of Speaker

40Quorum of Assembly

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

41Sessions of Council and Assembly

42Quorum of Houses may act though election may have failed

43Standing rules and orders

Subdivision (1)—Membership of the Council and the Assembly

44Membership of the Council and the Assembly

45Avoidance of election of unqualified person

46Vacation of seat

47Member of Victorian Parliament elected to Federal Parliament

Subdivision (2)—Qualification of electors for the Council and the Assembly

48Qualification of electors for the Council and the Assembly

Division 8—Offices and places of profit

49Public officers not to sit in Parliament except as mentioned

50Salaried officers in Parliament

51Ministers to be in Council or Assembly

52Power of Ministers to speak in either House

53Responsible Minister not required to vacate seat on appointment to office

54Contractors not to be elected

55Seats to become vacant in certain cases

56Reference to certain contracts in last two preceding sections

57Certain contracts excepted

58With certain exceptions members of Parliament not to accept offices of profit under the Crown

59Penalties for offences against this Division

60Removal of disqualification by reason of certain naval, military or air services

61Holders of offices etc. not to be disqualified from election to Council or Assembly

61APower to Houses to relieve from consequences of alleged defaults

Division 9—Provisions relating to Appropriation Bills

62Appropriation Bills

63Appropriation to be in pursuance of message

64Appropriation Bills

65Annual Appropriation Bills

Division 9A—Provisions relating to disputes concerning Bills

65ADefinitions

65BDispute Resolution Committee

65CDispute Resolution

65DConsideration of Dispute Resolution by Assembly and Council

65EProvisions applying if dispute not resolved

65FProvisions applying to Deadlocked Bills

65GJoint Sitting

Division 10—Acts of Parliament

69Date of passing of Act to be endorsed by Clerk

70Where the time fixed by an Act for the doing of any act etc. cannot be observed

71Where Bill for continuing Act which expires during the session does not pass

Division 11—Publication, transmission and broadcasting of Parliamentary proceedings

72Government Printer

73Publication of reports, proceedings etc. of either House of Parliament protected

74Copy of authenticated report thereof

74AATransmission and broadcasting of Parliamentary proceedings

Part IIA—Local government

74ALocal government

74BLocal government laws

Part III—The Supreme Court of the State of Victoria

75Supreme Court of the State of Victoria

75ADivisions of Court

75BQualification and appointment of Judges

75CEntry into part-time service arrangement

75DVariation of part-time service arrangement

75ESuspension of part-time service arrangement

75FTermination of part-time service arrangement

76Court to be a court of record and to have a seal

77Commissions of Judges

78Chief Justice

78AChief Justice and Judges of Court of Appeal

78BSeniority

79Governor in Council may appoint Acting Chief Justice

79AGovernor in Council may appoint acting President

80Filling vacancies

80BAdditional Judges of Appeal

80CAdditional Judges of Trial Division

81Appointment of reserve Judges

81ACessation of office

81BChief Justice may engage reserve Judge to undertake duties of Judge of the Court

81CPowers, jurisdiction, immunities and protection of reserve Judge

81DPension rights and service not affected by being a reserve Judge

81EEngaging in legal practice or other paid employment

81FSalary, allowances and other conditions of service of reserve Judge

81GAppropriation of certain amounts in relation to reserve Judges

81GAPower to complete matters—Judges of the Court and reserve Judges

81HConstruction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013

81JTransitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013

81KTransitional provision—Justice Legislation Further Amendment Act 2016

82Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court

83As to pensions of Judges of the Supreme Court and their partners and children

83AAAEffect of part-time service arrangement on judicial pensions

83AAElection of Judges of the Supreme Court to commute future pensions for payment of superannuation contributions surcharge

83ABActuary's first calculation after election of Judges of the Court to commute pensions

83ACActuary's second calculation after the Judges' elections to commute pensions and payment of lump sums

83ADElection of former Judges of Court to commute pensions for payment of superannuation contributions surcharge

83AEActuary's calculation after former Judges' election to commute pensions

83AFPayment and commutation of pensions of former Judges of the Court

83AGElection of Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

83AHActuary's calculation of reduction of pensions of Judges' partners and eligible children

83AIPayment and commutation of pensions of former Judges' partners and eligible children

83ASalaries, allowances and other conditions of service of Associate Judges

83BSalary, allowances and other conditions of service of reserve Associate Judges

83CAppropriation of certain amounts in relation to reserve Associate Judges

84Judges not to hold any other place of profit

84AJudges serving under part-time service arrangement not to engage in legal practice or other paid employment

85Powers and jurisdiction of the Court

86Power to Judges to award habeas corpus

87Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances

Part IIIAA—The judiciary

Division 1—Preliminary

87AAADefinitions

Division 2—Judicial offices

87AABRemoval from judicial office

87AAIRetirement

87AAJAbolition of judicial office

Division 3—Judicial Commission of Victoria

87AAKEstablishment of Judicial Commission

87AALFunctions of the Judicial Commission

Division 4—Board of Judicial Commission

87AAMBoard of Judicial Commission

87AANJudicial members of the Board

87AAOAppointed members of the Board

87AAPSuspension of appointed member

87AAQCessation of appointment of appointed member

Division 5—Investigating panels

87AARAppointment of investigating panels

87AASMembership of investigating panel

87AATRemuneration and allowances of investigating panel members

87AAUPension rights of investigating panel member not affected

87AAVEstablishment of pool

87AAWAppointment of persons to pool

87AAXConditions for members of pool

87AAYCessation of appointment or removal from pool

Division 6—Judicial Commission regulations

87AAZJudicial Commission regulations

Part IIIA—Director of Public Prosecutions

87AADefinition

87ABAppointment

87ACTerms and conditions

87ADResignation

87AESuspension and removal from office

87AFPension of Director and of his or her spouse and children

Part IV—The Executive

87AExecutive Council^,

87BMembers of Executive Council

87CMeetings of Executive Council

87DRules of Executive Council

87EAdvice to Governor

88Appointment to public offices

88AAOath of office

88AGovernor in Council may order that Ministers exercise duties etc. concurrently

Part V—Financial

Division 1—Consolidated Revenue

89Consolidated Revenue

90Charges of collection and management

91Her Majesty not entitled to Crown revenues

92Power to appropriate Consolidated Revenue

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

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

Division 3—Auditor-General

94AAuditor-General

94BIndependence of the Auditor-General

94CTenure of office

Part VA—Special provisions

94EIndependence of the Ombudsman

94FIndependence of the Electoral Commissioner

94GElectoral Boundaries

94HAccess to information

Part VI—Relation of public officers to political affairs

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

Part VII—Delivery of water services

96Definitions

97Delivery of water services

Part VIII—Maintaining the prohibitions on hydraulic fracturing and coal seam gas exploration and mining

98Purpose of this Part

99Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining

Part IX—The SEC

100Definitions

101Meaning of SEC successor entity

102Purpose of this Part

103Parliament's legislative power constrained in relation to repealing, altering or varying this Part

104Requirement for State to always have controlling interest

105Objects of SEC

106Prohibited activities

107Certain activities void

Part X—General

108Corporations Act displacement

Schedules

Second Schedule

Schedule 3—Oath of office

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 226

Constitution Act 1975

No. 8750 of 1975

Version incorporating amendments as at

20 August 2025

The Parliament of Victoria enacts as follows:

Preamble

WHEREAS the Legislative Council of the Colony of Victoria did in the year 1854 pass a Bill intituled "An Act to establish a Constitution in and for the colony for Victoria":

And whereas the said Bill was presented to the then Lieutenant-Governor of Victoria for Her Majesty's assent and the said Lieutenant-Governor did thereupon declare that he reserved the said Bill for the signification of Her Majesty's pleasure thereon:

And whereas the Imperial Parliament deemed it expedient to authorize Her Majesty to assent to the said reserved Bill amended by the omission of certain provisions thereof:

And whereas the said Bill as amended was set forth in a Schedule to an Act of the Imperial Parliament passed in the 18th and 19th years of the reign of Her Majesty Queen Victoria intituled "An Act to enable Her Majesty to Assent to a Bill, as amended, of the Legislature of Victoria to establish a Constitution in and for the Colony of Victoria" by which Act Her Majesty in Council was authorized to assent to the said reserved Bill amended by the omission of certain provisions thereof, and the Bill was assented to accordingly:

And whereas by the said Bill as so amended the Colony of Victoria was established as a self-governing colony with responsible government:

And whereas the said Bill as so amended is the Constitution of Victoria and is known as The Constitution Act:

And whereas it is provided by section LX of the said The Constitution Act that the Legislature of Victoria has full power and authority from time to time by any Act or Acts to repeal alter or vary all or any of the provisions of The Constitution Act and to substitute others in lieu thereof:

Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement[1]

(1)This Act may be cited as the Constitution Act 1975.

(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

*                *                *                *                *

1ARecognition of Aboriginal people

(1)The Parliament acknowledges that the events described in the preamble to this Act occurred without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

(2)The Parliament recognises that Victoria's Aboriginal people, as the original custodians of the land on which the Colony of Victoria was established—

(a)have a unique status as the descendants of Australia's first people; and

(b)have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and

(c)have made a unique and irreplaceable contribution to the identity and well-being of Victoria.

(3)The Parliament does not intend by this section—

(a)to create in any person any legal right or give rise to any civil cause of action; or

(b)to affect in any way the interpretation of this Act or of any other law in force in Victoria.

2Existing laws

(1)All laws which at the commencement of this Act are in force within Victoria shall remain and continue to be of the same force authority and effect as if this Act had not come into force except insofar as the same are repealed or varied by or under this or any subsequent Act.

(2)All courts within Victoria and all offices judicial administrative or ministerial therein and all charters legal commissions powers and authorities except insofar as the same may be abolished altered or varied by or may be inconsistent with the provisions of this Act or are abolished altered or varied by any Act or Acts shall continue to subsist in the same form and with the same effect as if this Act had not come into force.

(3)The Supreme Court of the State of Victoria as at present constituted shall continue under and subject to the provisions of this Act and shall for all purposes be deemed to be the same court after as before the commencement of this Act.

*                *                *                *                *

3Laws of England to be applied in the administration of justice

(1)Subject to the Imperial Acts Application Act 1922[2] all laws and statutes in force within the realm of England on the 25th day of July, 1828 (not being inconsistent with any law now in force) shall be applied in the administration of justice in the courts of Victoria, so far as they can be applied within Victoria.

(2)If any doubt arises as to the application of any such laws or statutes in Victoria, it shall be lawful for the Parliament by Act to declare whether such laws or statutes shall be deemed to extend to Victoria, and to be in force within Victoria, or to make and establish such limitations and modifications of such laws and statutes within Victoria as may be deemed expedient in that behalf.

4Continuation of existing Houses

*                *                *                *                *

(3)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under any of the Acts or enactments repealed by this Act or existing or continuing under any of such Acts or enactments immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts or enactments had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule by-law order appointment application probate letters of administration decision action cause matter appeal proceeding agreement examination affidavit declaration affirmation reference recognizance security certificate liability roll writ poll determination membership classification notice pension salary allowance liability or right made given issued accrued incurred or acquired or existing or continuing by or under any such Acts or enactments before the commencement of this Act.

5Definitions

In this Act unless inconsistent with the context or subject-matter—

actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

Assembly means Legislative Assembly of Victoria;

Associate Judge means an Associate Judge of the Court referred to in section 75(4) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge during any period of engagement or acting under section 105H of that Act;

Chief Justice means the Chief Justice of the Supreme Court and includes Acting Chief Justice and in the absence of the Chief Justice and the Acting Chief Justice from duty means the senior Judge of the Court for the time being present;

Consolidated Fund means the Consolidated Fund constituted under the Financial Management Act 1994;

Councilmeans Legislative Council of Victoria;

Court of Disputed Returns means the Court of Disputed Returns constituted under section 124 of the Electoral Act 2002;

deputy presiding officer means—

(a)in relation to the Legislative Council—the Deputy President; and

(b)in relation to the Legislative Assembly—the Deputy Speaker;

district means electoral district of the Assembly;

excluded judicial officer means—

(a)the Chief Justice;

(b)the President of the Court of Appeal;

(c)a Judge of the Court who is appointed as President of VCAT;

general election means an election at which all the members of the Council and Assembly have to be elected;

insolvent under administration means—

(a)a person who is an undischarged bankrupt; or

(b)a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or

(c)a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or

(d)a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated;

Judge of the Court means a Judge of the Court referred to in section 75(3) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA;

*                *                *                *                *

Parliament means Parliament of Victoria;

Parliamentary Committee, in Division 3 of Part V, has the same meaning as in the Audit Act 1994;

*                *                *                *                *

part-time service arrangement means—

(a)in relation to a Judge of the Court, an arrangement entered under section 75C;

(b)in relation to an Associate Judge, an arrangement entered under section 104JA of the Supreme Court Act 1986;

*                *                *                *                *

prescribed means prescribed by this Act or any regulation thereunder;

Presidentmeans President of the Council and includes any person acting as the President of the Council;

presiding officer means—

(a)in relation to the Legislative Council—the President; and

(b)in relation to the Legislative Assembly—the Speaker;

*                *                *                *                *

region means electoral region of the Council;

reserve Associate Judge has the same meaning as it has in the Supreme Court Act 1986;

reserve Judge means a person appointed under section 81;

Speaker means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

*                *                *                *                *

superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;

superannuation contributions surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;

Supreme Court means the Supreme Court of the State of Victoria;

total pension entitlement means, on a particular day, the current value of all future pension payments on that day.

5ADefinitions relating to pensions

(1)For the purposes of section 83 and section 83AAA—

approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

domestic partner of a person means—

(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

eligible rollover fund means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

eligible superannuation plan means—

(a)a regulated superannuation fund; or

(b)an approved deposit fund; or

(c)an exempt public sector superannuation scheme; or

(d)an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;

interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

member means a Judge of the Supreme Court;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

partner of a person means the person's spouse or domestic partner;

payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

relevant condition of release means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;

RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;

spouseof a person (except in sections 83(8) to 83(22)) means a person to whom the person is, or was at the time of the person's death, married;

superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;

value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.

(1A)For the purposes of sections 83(8) to 83(22), spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(2A)For the purposes of section 83(2), the definition of partner as substituted by section 104(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement

to a pension of a Judge of the Court or a former Judge of the Court only if the death of the Judge of the Court or former Judge of the Court occurs on or after the commencement of the substituting section.

(3)For the purposes of section 83, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

PART I—THE CROWN

6The Governor[3]^, [4]

(1)There shall be a Governor of the State of Victoria.

(2)The appointment of a person as Governor shall be during Her Majesty's pleasure by Commission under Her Majesty's Sign Manual and the Public Seal of the State.

(3)Before assuming office, a person appointed as 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.

6ALieutenant-Governor and Administrator[5]

(1)There shall be—

(a)a Lieutenant-Governor of the State; and

(b)an Administrator of the State.

(2)The Governor may appoint a person as Lieutenant-Governor during the Governor's pleasure by Commission under the Public Seal of the State.

(3)The Administrator is—

(a)the Chief Justice of the Supreme Court; or

(b)if—

(i)the Chief Justice of the Supreme Court is the Lieutenant-Governor; or

(ii)there is a vacancy in the office of Chief Justice of the Supreme Court or the Chief Justice is absent from the State or unable or unwilling to act as Administrator—

the most senior judge of the Supreme Court who is present in the State and able and willing to act as Administrator—

and shall be deemed to have been appointed as Administrator during the Governor's pleasure.

(4)The Governor may appoint a person as Administrator during the Governor's pleasure by Commission under the Public Seal of the State.

(5)Subsection (3) does not apply if—

(a)there is an Administrator appointed under subsection (4); and

(b)that Administrator is present in the State and able and willing to act.

(6)The Lieutenant-Governor or Administrator must not assume the administration of the government of the State or act as the Governor's deputy 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.

6BAdministration by Lieutenant-Governor or Administrator[6]

(1)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 has assumed the administration of the government of the Commonwealth; or

(c)the Governor—

(i)is absent from the State; or

(ii)is unable or unwilling to act—

and there is not a subsisting appointment of a deputy under section 6C.

(2)The Administrator shall not assume the administration of the government of the State unless—

(a)there is a vacancy in the office of Lieutenant-Governor; or

(b)the Lieutenant-Governor—

(i)is absent from the State; or

(ii)is unable or unwilling to act.

(3)The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify the Premier or, in the absence of the Premier, the Acting Premier.

(4)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.

(5)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 administer the government of the Commonwealth; or

(c)the Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Lieutenant-Governor has been notified accordingly.

(6)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 ceases to administer the government of the Commonwealth; or

(c)the Governor or Lieutenant-Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Administrator has been notified accordingly.

(7)A request in writing by the Premier (or, in the absence of the Premier, the Acting Premier) that the Lieutenant-Governor or the Administrator assume the administration of the State is sufficient authority for the Lieutenant-Governor or Administrator to do so.

6CDeputy for Governor during short illness or absence[7]

(1)If—

(a)the Governor is to be absent from the State or absent from Melbourne 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—

(c)to be the Governor's deputy during that absence or illness; and

(d)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.

(2)The Administrator shall not be appointed as deputy under this section unless—

(a)there is a vacancy in the office of Lieutenant-Governor; or

(b)the Lieutenant-Governor—

(i)is absent from the State; or

(ii)is unable or unwilling to act; or

(c)the Lieutenant-Governor has assumed the administration of the government of the State.

(3)The Governor shall not appoint a deputy under this section except with the concurrence of the Premier or, in the absence of the Premier, the Acting Premier.

(4)The appointment of a person as deputy under this section may be revoked by the Governor at any time.

(5)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.

6DOath or Affirmation[8]

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.

6EOffices are not agencies under Freedom of Information Act 1982

Despite anything to the contrary in the Freedom of Information Act 1982, the Governor, the Lieutenant-Governor or the Administrator is not an agency within the meaning of that Act.

7Appropriation for staff and other expenses of the Governor

(1)The Governor is entitled to an annual salary equal to the annual salary payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) from time to time.

(1A)The expenses of the office of Governor shall be met from money appropriated by the Parliament for that purpose.

(1AA)If the Governor enters into an arrangement under Schedule 1A to the Public Administration Act 2004, the Governor may receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value.

(1B)Despite any other provision made by, or under the authority of, this or any other Act, the right of the Governor to a pension payable by the State is suspended while he or she holds the office of Governor.

(2)The salary (including the amount of any non-salary benefits) of the Governor shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

(3)Despite the commencement of the amendment of subsection (1) made by section 3(1) of the Constitution (Governor's Salary) Act 2002, subsection (1) (as in force immediately before the commencement of that Act) continues to apply during the continuance in office after that commencement of the person who held office as Governor on 28 June 2001.

(4)Despite the commencement of the amendments of this section made by section 18 of the Superannuation Legislation Amendment Act 2009, this section (as in force immediately before the commencement of that section 18) continues to apply during the continuance in office after that commencement of the person who held office as Governor immediately before that commencement.

(5)In this section, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

7AGovernor's pension

(1)Every Governor who—

(a)has resigned or retired after serving in the office of Governor for a period of not less than five years; or

(b)having served in the office of Governor for a period less than five years has retired or resigned and the Governor in Council is satisfied that that person's retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of that person's office—

shall subject to subsection (4) be entitled upon resignation or retirement from his office to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1).

(2)Reference to a Governor in subsection (1) of this section shall include a reference to any former Governor provided that any pension to which such former Governor thereby becomes entitled under this section shall only become due and payable on and from the date on which the Constitution (Governor's Pension) Act 1978 comes into operation and not before.

(2A)A Governor who—

(a)resigns or retires after serving in the office of Governor for a period of not less than one year but less than five years; and

(b)is not entitled to a pension under subsection (1)(b)—

is, subject to subsection (4), entitled upon resignation or retirement from office to a pension payable fortnightly—

(c)at the rate per annum calculated in accordance with the formula  where—

Ais the amount of the pension to which the Governor would have been entitled under subsection (1) if the Governor had served in the office for five years; and

Bis the number of full years served by the Governor in the office; or

(d)at such higher rate per annum as was determined by the Governor in Council on the recommendation of the Premier and Minister administering Part 7 of the Financial Management Act 1994 when the Governor was appointed or as is so determined when the Governor resigns or retires.

(2B)A reference to a Governor in subsection (2A) includes a reference to a former Governor who resigns or retires on or after the commencement of section 5 of the Constitution (Governor's Salary and Pension) Act 1985.

(3)Upon the death—

(a)of any person who at the time of that person's death was serving in the office of Governor; or

(b)of any person who being a former Governor is entitled to a pension under this section—

that person's partner shall subject to subsection (4) until the partner's death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate per annum of—

(c)if the person was entitled to a pension under subsection (1)—three-eighths of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1);

(d)if the person was entitled to a pension under subsection (2A)—three-eighths of the pension to which the person would have been entitled but for the death.

(4)The pension to which a person is entitled under this section shall be reduced by an amount equal to the total of the amounts, if any, that that person is entitled to receive by way of pension or retirement allowance in respect of that person's service or the service of the partner of that person under the Crown whether in right of the State of Victoria or otherwise in respect of public service in any part of the British Commonwealth of Nations but not including any amounts payable to that person under the Commonwealth Veterans' Entitlements Act 1986 as amended from time to time or under any other Act enacted in any part of the British Commonwealth of Nations and proclaimed by proclamation of the Governor in Council published in the Government Gazette as an Act for the purposes of this subsection.

(5)Notwithstanding anything contained in subsection (3) of this section no pension shall be payable to the partner of any former Governor in any case where that partner married or became the domestic partner of that former Governor after that person ceased to be the Governor.

(5A)Subsections (8) to (22) of section 83 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 83.

(6)All pensions payable pursuant to this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

7BElection of Governor to commute future pensions for payment of superannuation contributions surcharge

(1)The Governor may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the Governor or his or her partner to receive a pension under this Act.

(2)The Governor may by notice in writing to the Minister revoke his or her election under subsection (1).

7CActuary's first calculation after Governor's election to commute pensions

(1)If an election under section 7B is in operation, within 10 days after the day on which the Governor resigns, retires or dies while in office, the Minister must—

(a)cause an actuary to determine the extent to which the former Governor's pension and any future entitlement of the former Governor's partner to a pension upon the Governor's death otherwise payable under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the Governor's total pension entitlement and that of his or her partner at the time at which the former Governor became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and

(b)notify the former Governor or, if he or she has died, the former Governor's partner of the actuary's determination under subsection (1)(a).

(2)A former Governor or, if he or she has died, the former Governor's partner may revoke the election under section 7B within 10 days after the Minister's notification under subsection (1)(b).

(3)If an election under section 7B is in operation, the former Governor's pension and any future entitlement of the Governor's partner to a pension upon the Governor's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).

(4)For the purposes of subsection (1)—

(a)the reduction of the former Governor's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Governor resigned or retired; and

(b)the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Governor's partner on the day on which the Governor resigned, retired or died while in office; and

(c)each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and

(d)each reduction must be applied from the entitlement day according to paragraph (a) or (b).

7DActuary's second calculation after Governor's election to commute pensions and payment of lump sum

(1)If an election under section 7B is in operation, the former Governor or, if he or she has died, the former Governor's partner must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the former Governor's pension or his or her partner's pension, lodge with the Minister—

(a)a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former Governor or his or her partner to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

(b)a copy of the superannuation contributions surcharge notice.

(2)Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary—

(a)to review the determination made under section 7C(1); and

(b)subject to section 7C(4), make any necessary adjustments to the determination and to the pension payable to the former Governor and to any future entitlement of the former Governor's partner to a pension upon the former Governor's death.

(3)If an election under section 7B is in operation and the Minister has received an authorisation under subsection (1), the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

7EElection of former Governor to commute pensions for payment of superannuation contributions surcharge

(1)If no election under section 7B is in operation, a former Governor who is entitled to receive a pension under this Act may elect to have part of his or her pension and that of his or her partner commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Governor or his or her partner to receive a pension under this Act.

(2)An election under subsection (1) must—

(a)be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice is issued in respect of a former Governor's pension or his or her partner's pension; and

(b)specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and

(c)authorise the Minister to pay the lump sum on behalf of the former Governor or his or her partner to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

(d)be accompanied by a copy of the superannuation contributions surcharge notice.

7FActuary's calculation after former Governor's election to commute pensions

(1)If an election under section 7E is in operation, the Minister must within 10 days after the day on which the Minister received the election—

(a)cause an actuary to determine the extent to which a former Governor's pension and any future entitlement of the former Governor's partner to a pension upon the Governor's death otherwise payable under this Act will be reduced subject to section 7G(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and

(b)notify the former Governor or, if he or she has died, the former Governor's partner of the actuary's determination under subsection (1)(a).

(2)A former Governor or, if he or she has died, the former Governor's partner may revoke the election under section 7E within 10 days after the Minister's notification under subsection (1)(b).

7GPayment and commutation of the former Governor's pension

(1)If an election under section 7E is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

(2)The former Governor's pension and any future entitlement of the Governor's partner to a pension upon the Governor's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 7F in consequence of the payment of the lump sum.

(3)For the purposes of section 7F—

(a)the reduction of the former Governor's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Governor resigned or retired; and

(b)the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Governor's partner on the day on which the Governor resigned or retired; and

(c)each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and

(d)the reduction must be applied from the day of payment of the lump sum under subsection (1).

7HElection of Governor's partner to commute pension for payment of superannuation contributions surcharge

(1)If no election made under section 7B or 7E is in operation, a person who is entitled to receive a pension under this Act as the partner of a deceased former Governor may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Governor to receive a pension under this Act or the entitlement of the deceased former Governor's partner to receive a pension under this Act.

(2)An election under subsection (1) must—

(a)be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former Governor's pension or his or her partner's pension; and

(b)specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and

(c)authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner of a deceased former Governor to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

(d)be accompanied by a copy of the superannuation contributions surcharge notice.

7IActuary's calculation of reduction of pension of former Governor's partner

(1)If an election is made under section 7H, the Minister must within 10 days after the day on which the Minister received the election—

(a)cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner of a deceased former Governor otherwise payable under this Act will be reduced subject to section 7J(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and

(b)notify the person of the actuary's determination under subsection (1)(a).

(2)A person who is entitled to receive a pension under this Act as the partner of a deceased former Governor may revoke his or her election under section 7H within 10 days after the Minister's notification under subsection (1)(b).

7JPayment and commutation of pension of former Governor's partner

(1)If an election under section 7H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

(2)On payment of the lump sum, the pension of a person entitled to receive a pension as the partner of the deceased former Governor otherwise payable from time to time under this Act must be reduced to the extent determined under section 7I.

(3)For the purposes of section 7I—

(a)the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of—

(i)an amount equal to the total pension entitlement of the Governor and his or her partner on the day on which the Governor resigned or retired; or

(ii)in the case of the Governor's death while in office, an amount equal to his or her partner's total pension entitlement on the day on which the Governor died; and

(b)the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and

(c)the reduction must be applied from the day of payment of the lump sum under subsection (1).

8Convocation, prorogation and dissolution

(1)The Governor may by proclamation or otherwise fix such places within Victoria and subject to this Act such times for holding every session of the Council and Assembly and may vary and alter the same respectively in such manner as he thinks fit.

(2)Subject to subsection (3) the Governor may if he thinks fit by proclamation or otherwise from time to time—

(a)prorogue the Council the Assembly or both the Council and the Assembly; or

(b)dissolve the Assembly.

(3)The Governor may not dissolve the Assembly (including the Assembly last elected before the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent) unless—

(a)the Assembly is dissolved in accordance with section 8A; or

(b)the Premier has given advice to the Governor under section 65E(2) to dissolve the Assembly.

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8ADissolution of Assembly after a no confidence motion

(1)The Assembly may be dissolved if—

(a)a motion of no confidence in the Premier and the other Ministers of State for the State of Victoria is passed by the Assembly; and

(b)during the period commencing on the day of the passage of the motion of no confidence and ending 8 clear days after that day, the Assembly has not passed a motion of confidence in the then Premier and the other Ministers of State for the State of Victoria.

(2)Notice of a proposed motion of no confidence under subsection (1)(a) must be given at least 3 clear days before it is moved.

(3)After a motion of no confidence under subsection (1)(a) is passed, unless a motion of confidence is passed under subsection (1)(b), the Assembly may not be—

(a)prorogued before the end of the period specified in subsection (1)(b); or

(b)adjourned for a period extending beyond the end of the period specified in subsection (1)(b).

9Demise of the Crown not to dissolve Parliament

The Parliament in being at any demise of the Crown shall not be determined or dissolved by such demise, but shall continue so long as it would have continued but for such demise, unless it is sooner prorogued or dissolved by the Governor.

10Certain acts not to be affected by a demise of the Crown

All things done within Victoria at any time after any demise of the Crown but before the Governor by his proclamation published in the Government Gazette has notified such demise and which but for this Act might be affected by such demise shall have the same effect and be of the same force as if no such demise had happened.

11All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown

(1)Every commission warrant or other authority for the exercise of any office or employment of any kind or nature within Victoria issued or exercised by the Governor or the Governor in Council or by any other person in the name and on behalf of Her Majesty in virtue of his office or under the authority of any Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland or of the Parliament of Victoria or of any rules or regulations made thereunder respectively shall continue in full force notwithstanding any demise of the Crown and be of the same effect as if no such demise had happened.

(2)No action suit or other process or proceeding civil or criminal in or to which Her Majesty is a party or which has been commenced or carried on in her name or by her authority shall by reason of her demise abate discontinue or be in any manner affected; but every such action suit process or proceeding shall be carried on enforced or otherwise completed or acted on in the name of the reigning Sovereign for the time being and as if such demise had not happened.

(3)The Public Seal of the State and other Public Seals in being at the time of the demise of the Crown shall continue and be made use of as if no such demise had happened.

12Exercise by the Governor of powers given to and reservation in favour of Her Majesty

Where in and by any grant or lease from the Crown or deed or document any exception or reservation is made in favour of or any power is given to Her Majesty or Her Majesty her heirs and successors, the Governor may on behalf of Her Majesty or Her Majesty her heirs and successors take the benefit and advantage of any such exception or reservation and may exercise any such power in the same manner as Her Majesty or Her Majesty her heirs and successors might have done.

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13Contracts by or on behalf of Her Majesty

All contracts of every kind lawfully entered into by or on behalf of Her Majesty or any of her successors to the Crown with any person body or authority and all benefit and advantage thereof and all liability in respect thereof shall attach and belong to the heirs and successors of Her Majesty or of such successors (as the case may be) although they are not expressly named in any such contract.

14Governor's amendments

The Governor may transmit by message to the Council or the Assembly for its consideration any amendment which he desires to be made in any Bill presented to him for Her Majesty's assent and all such amendments shall be taken into consideration in such convenient manner as the standing rules and orders of the Council and the Assembly provide.

PART II—THE PARLIAMENT

Division 1—Constitution and powers

15Parliament

The legislative power of the State of Victoria shall be vested in a Parliament, which shall consist of Her Majesty, the Council, and the Assembly, to be known as the Parliament of Victoria.

16Legislative power of Parliament

The Parliament shall have power to make laws in and for Victoria in all cases whatsoever.

16AThe principle of Government mandate

(1)It is the intention of the Parliament that regard should be given to the following principle—

The Council as a House of Review will exercise its powers in recognition of the right and obligation of the current Government to implement—

(a)the Government's specific mandate—the policies, promises and initiatives which were publicly released by or on behalf of the Government during the last election campaign; and

(b)the Government's general mandate—to govern for and on behalf of the people of Victoria.

(2)The principle in subsection (1) is not to be construed as limiting the powers of the Council, the Assembly or the Parliament.

17Waste lands of the Crown

Subject to this Act the Parliament may make laws regulating the sale letting disposal and occupation of the waste lands of the Crown within Victoria and of all mines and minerals which are within the jurisdiction control or disposition of Her Majesty in and adjacent to Victoria.

18Power for Parliament to alter this Act

(1)Subject to this section, the Parliament may by any Act repeal alter or vary all or any of the provisions of this Act and substitute others in lieu thereof.

(1A)In this section—

referendum means a referendum conducted in accordance with Part 9A of the Electoral Act 2002;

special majority means 3/5ths of the whole number of the members of the Assembly and of the Council respectively.

(1B)It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(a)this subsection or subsection (1A), (1BA), (1C) or (3); or

(b)Subdivision 1 of Division 5 of Part II; or

(c)Subdivision 2 of Division 5 of Part II; or

(d)Subdivision 1 of Division 6 of Part II; or

(e)Subdivision 2 of Division 6 of Part II; or

(f)Subdivision 3 of Division 6 of Part II; or

(g)section 41; or

(h)Division 9 of Part II; or

(i)Division 9A of Part II; or

(j)Part IIA; or

(k)section 75(1); or

(l)Part IIIA; or

(m)Part IV; or

(n)Division 3 of Part V; or

(o)Part VA; or

(p)any provision substituted for any provision specified in paragraphs (a) to (o)—

may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum.

(1BA)For the purposes of subsection (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill expressly refers to that Part in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary Part IIA.

(1C)A Bill to which subsection (1B) applies must be submitted to a referendum on a day not sooner than 59 days after the Bill has been passed by the Assembly and the Council.

(2)It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(aa)section 1A; or

(a)Part I; or

(b)Division 1 of Part II (other than section 18); or

(c)this subsection or subsection (4) or (6); or

(d)Subdivision 1 of Division 7 of Part II; or

(e)Subdivision 2 of Division 7 of Part II; or

(f)Section 61A; or

(fa)Part VII; or

(fab)Part VIII; or

(fac)section 103; or

(fb)Part IIIAA; or

(g)any provision substituted for any provision specified in paragraphs (a) to (fb)—

may be repealed, altered or varied or any Bill by which—

(h)responsibility for ensuring the delivery of a water service (within the meaning of Part VII) may be transferred to a person or body that is not a public authority (within the meaning of that Part) or the accountability to a responsible Minister of the Crown of such an authority for ensuring the delivery of such a service may be removed—

unless the third reading of the Bill is passed by a special majority.

(2AA)It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(a)this subsection or subsection (2A) or (5); or

(b)Part III (other than section 75(1) or 85); or

(c)any provision substituted for any provision specified in paragraph (a) or (b)—

may be repealed, altered or varied unless the third reading of the Bill is passed by an absolute majority.

(2A)A provision of a Bill by which section 85 may be repealed, altered or varied is void if the third reading of the Bill is not passed with the concurrence of an absolute majority of the whole number of the members of the Council and of the Assembly respectively.

(3)Any Bill dealing with any of the matters specified in subsection (1B) which has not been approved in accordance with that subsection is void.

(4)Any Bill dealing with any of the matters specified in subsection (2) which has not been passed in accordance with that subsection is void.

(5)Any Bill dealing with any of the matters specified in subsection (2AA) which has not been passed in accordance with that subsection is void.

(6)Subsection (2) does not apply to any Bill to—

(a)enable a public authority (within the meaning of Part VII) to enter into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of a water service (within the meaning of that Part); or

(b)alter the structure, composition or membership of a public authority (within the meaning of Part VII) that has responsibility for ensuring the delivery of a water service (within the meaning of that Part) if the alteration does not affect its status or the status of a successor body as such a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service.

Division 2—Privileges of Parliament

19Privileges powers etc. of Council and Assembly

(1)The Council and the Assembly respectively and the committees and members thereof respectively shall hold enjoy and exercise such and the like privileges immunities and powers as at the 21st day of July, 1855 were held enjoyed and exercised by the House of Commons of Great Britain and Ireland and by the committees and members thereof, so far as the same are not inconsistent with any Act of the Parliament of Victoria, whether such privileges immunities or powers were so held possessed or enjoyed by custom statute or otherwise.

(2)The Parliament may by Act legislate for or with respect to the privileges immunities and powers to be held enjoyed and exercised by the Council and the Assembly and by the committees and the members thereof respectively.

(3)Any copy of the Journals of the House of Commons printed or purporting to be printed by the order or printer of the House of Commons shall be received as prima facie evidence without proof of its being such copy, upon any inquiry touching the privileges immunities and powers of the Council or the Assembly or of any committee or member thereof respectively.

19APower to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses

(1)In this section, committee means a committee of the Council or of the Assembly or a joint committee of the Council and the Assembly or a sub-committee of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 or a member of a Joint Investigatory Committee or such a sub-committee who is empowered to take evidence under section 28 or 32 of that Act.

(2)The Council or the Assembly may administer an oath to the witnesses examined at the bar of the Council or the Assembly (as the case may be).

(3)Any committee may administer an oath to the witnesses examined before such committee including by means of audio link or audio visual link in accordance with section 28(4A) of the Parliamentary Committees Act 2003.

(4)Any oath or affirmation taken or made by any witness before the Council or the Assembly or a committee of the whole Council or of the whole Assembly may be administered by the Clerk of the Council or the Clerk of the Assembly (as the case may be) at the table.

(5)Any oath or affirmation taken or made by any witness before any other committee may be administered by—

(a)the chairperson of the committee; or

(b)the clerk attending the committee; or

(c)a member of a Joint Investigatory Committee or sub-committee of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 empowered to take evidence under that Act or if section 28(4A)(b) of that Act applies, a person authorised by the Joint Investigatory Committee for the purposes of that section.

(6)In any case where a witness, if to be examined before the Supreme Court, would be permitted to make a solemn affirmation or declaration or to give evidence in any other way than upon oath, a witness to be examined under this section shall be in like manner allowed to give evidence upon affirmation or declaration or otherwise, as aforesaid.

(7)No action shall be maintainable against any witness who has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by him while giving such evidence.

(8)Every person examined under this section who wilfully gives false evidence shall be liable to the penalties of perjury.

(9)Nothing in this section shall derogate from any power or privilege of either House, or of the members or committees of either House or of the joint committees of the Council and the Assembly, but no person shall be liable to be proceeded against or punished twice for the same offence whether as a breach of privilege or as an offence against this section or any other enactment or at common law.

Division 3—Summoning of Parliament. Oath of allegiance

20Summoning of Parliament

The Governor may by proclamation summon the Council and the Assembly to meet for the despatch of the business of the Parliament on any day not less than six days from the date of such proclamation or in a case of emergency upon such shorter notice as he may think fit.

21Effect of summoning of Parliament

When the Governor by proclamation summons the Council and the Assembly for the despatch of the business of the Parliament as provided by the last preceding section the Council and the Assembly shall thereupon stand adjourned to the day and time declared in such proclamation notwithstanding any previous adjournment of the Council and the Assembly or either of them to any later day and notwithstanding any former law usage or practice to the contrary.

22How in case of adjournment orders of either House shall be deemed to have been appointed

All orders made by the Council or the Assembly and appointed for the day to which the Council or the Assembly (as the case may be) has been adjourned or to any day or days subsequent thereto other than and except any order or orders specially appointed for particular days and declared to be so fixed notwithstanding any meeting under the provisions of section 20 and other than any order made under the express provisions of any Act shall be deemed and taken to have been appointed for the day on which the Council and the Assembly shall meet in pursuance of such proclamation.

23Oath of allegiance

(1)No member either of the Council or the Assembly shall be permitted to sit or vote therein respectively until he has taken and subscribed before the Governor or some person authorized by the Governor in that behalf the oath or affirmation in the Second Schedule.

(2)Whenever the demise of the Crown is notified by the Governor to the Council and the Assembly, the members of the Council and of the Assembly shall before they are permitted to sit or vote therein respectively take and subscribe the like oath or affirmation to the successor for the time being to the Crown.

Division 4—Presiding officers

24As to term of office and power of presiding officers

(1)If the presiding officer of the Council or the Assembly resigns his office or his seat, he shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the presiding officer of that House (whether or not that House expires or is dissolved after he so resigns) until the day before a presiding officer is to be chosen by that House.

(2)If the President of the Council ceases to be a member of the Council by reason of the expiration of his term of office, he shall, for the purposes of the exercise of any powers or functions by the President of the Council under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the President of the Council until the day before a President is to be chosen by the Council.

(3)If—

(a)the presiding officer of either House; or

(b)a person who, by virtue of this section, is deemed to be, for the purposes of the exercise of any powers or functions of the presiding officer of either House, to be or to continue to be the presiding officer of that House—

dies, is absent from Victoria or is incapable by reason of illness leave of absence or other unavoidable cause from exercising any powers or functions conferred or imposed upon the presiding officer, the deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House, be deemed to be the presiding officer of that House (whether or not that House expires or is dissolved after the death or during the absence or incapacity) until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.

(4)For the purposes of subsection (3) where there is no deputy presiding officer of a House, the person who last held office as deputy presiding officer of that House shall be deemed to continue to be deputy presiding officer of that House until a deputy presiding officer of that House is appointed by that House.

(5)Where the Assembly expires or is dissolved, the person, if any, who is the presiding officer of a House immediately before the expiry or dissolution shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders, be deemed to continue to be the presiding officer of that House until the day before a presiding officer is to be chosen by that House.

(6)If, after the Assembly has expired or been dissolved the person (if any) who was the presiding officer of a House immediately before the expiry or dissolution dies, is absent from Victoria or is incapable by reason of illness of exercising any powers or functions under this or any other Act or under the standing orders or the joint standing orders, the person who last held office as deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under any such Act or Order be deemed to be the presiding officer of that House until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.

Division 5—Legislative Council

25Definitions

In this Division unless inconsistent with the context or subject-matter—

member means a member of the Council;

seat means the right of sitting and voting as a member in the Council.

Subdivision (1)—Regions and members

26Number of members of the Council

(1)This section and section 27 apply in respect of the first Council to be elected after the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent and each subsequent Council.

(2)The Council is to consist of 40 members who are to be representatives of, and elected by, the electors of the respective regions.

27Division of Victoria into 8 regions

(1)The State of Victoria is to be divided into 8 regions each of which is to return 5 members to the Council.

(2)Each region must—

(a)consist of 11 districts; and

(b)have a boundary that is contiguous with the boundaries of the districts that constitute the region.

(3)The Electoral Boundaries Commission must in accordance with the Electoral Boundaries Commission Act 1982—

(a)divide the State of Victoria into regions; and

(b)publish the name and boundaries of each region in the Government Gazette.

27AFilling of casual vacancies in the Council

(1)Subject to this section, if a casual vacancy occurs in the seat of a member of the Council, a person must be chosen to occupy the vacant seat by a joint sitting of the Council and the Assembly.

(2)A joint sitting of the Council and the Assembly need not be held if the casual vacancy occurs 3 months or less before the day on which the seat would have become vacant due to the expiry of the Assembly.

(3)Subsection (4) applies if a casual vacancy occurs in the seat of a member of the Council who was at the time that the member was elected endorsed as a candidate in the election by a registered political party the name of which was printed adjacent to the name of the candidate on the ballot-paper under section 74 of the Electoral Act 2002.

Constitution (Responsible Ministers) Act 1976, No. 8834/1976

Assent Date:	6.5.76
Commencement Date:	6.5.76
Current State:	All of Act in operation

Judges Salaries Act 1976, No. 8853/1976

Assent Date:	8.6.76
Commencement Date:	8.6.76: Government Gazette 8.6.76 p. 1665
Current State:	All of Act in operation

Supreme Court Act 1976, No. 8951/1976

Assent Date:	16.12.76
Commencement Date:	1.1.77: Government Gazette 22.12.76 p. 3739
Current State:	All of Act in operation

Judges Salaries Act 1977, No. 9063/1977

Assent Date:	29.11.77
Commencement Date:	30.11.77: Government Gazette 30.11.77 p. 3646
Current State:	All of Act in operation

Constitution Act 1977, No. 9077/1977

Assent Date:	6.12.77
Commencement Date:	All of Act (except s. 2) on 6.12.77: s. 1(3); s. 2 on 24.1.79: Government Gazette 24.1.79 p. 202
Current State:	All of Act in operation

Constitution Act 1978, No. 9087/1978

Assent Date:	11.4.78
Commencement Date:	11.4.78
Current State:	All of Act in operation

Judges Salaries Act 1978, No. 9176/1978

Assent Date:	31.10.78
Commencement Date:	8.11.78: Government Gazette 8.11.78 p. 3496
Current State:	All of Act in operation

Constitution (Governor's Pension) Act 1978, No. 9251/1978

Assent Date:	6.2.79 (reserved for the Royal Assent on 5.12.78)
Commencement Date:	14.3.79: Government Gazette 14.3.79 p. 681
Current State:	All of Act in operation

Constitution (Local Government) Act 1979, No. 9254/1979

Assent Date:	20.6.79
Commencement Date:	S. 2 on 1.10.79: Government Gazette 26.9.79 p. 2997
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judges Salaries Act 1979, No. 9293/1979

Assent Date:	31.10.79
Commencement Date:	31.10.79
Current State:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: subject to s. 6(2)
Current State:	All of Act in operation

Judges' Salaries and Pensions Act 1980, No. 9468/1980

Assent Date:	16.12.80
Commencement Date:	16.12.80
Current State:	All of Act in operation

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:	26.5.81
Commencement Date:	1.9.81: Government Gazette 26.8.81 p. 2799
Current State:	All of Act in operation

Constitution (Parliamentary Oaths) Act 1981, No. 9695/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82
Current State:	All of Act in operation

Constitution Act 1981, No. 9721/1981

Assent Date:	19.1.82
Commencement Date:	19.1.82
Current State:	All of Act in operation

Constitution (Executive Council Expenses) Act 1982, No. 9730/1982

Assent Date:	29.6.82
Commencement Date:	29.6.82
Current State:	All of Act in operation

Parliamentary Committees (Joint Investigatory Committees) Act 1982, No. 9765/1982

Assent Date:	13.7.82
Commencement Date:	25.8.82: Government Gazette 25.8.82 p. 2793
Current State:	All of Act in operation

Constitution (Governor's Salary) Act 1982, No. 9773/1982

Assent Date:	1.9.82 (reserved for Royal Assent on 16.6.82)
Commencement Date:	1.9.82
Current State:	All of Act in operation

Education Service (Amendment) Act 1982, No. 9788/1982

Assent Date:	9.11.82
Commencement Date:	All of Act (except ss 3, 4, 13, 15) on 9.11.82: s. 1(2); s. 3 on 24.3.82: s. 3(2); s. 4 on 24.3.82: s. 4(2); s. 13 on 24.3.82: s. 13(5); s. 15 on 24.3.82: s. 15(3)
Current State:	All of Act in operation

Judges Salaries Act 1982, No. 9813/1982

Assent Date:	14.12.82
Commencement Date:	Ss 2, 4 on 14.11.82: s. 1(2); rest of Act on 1.1.83: s. 1(2)
Current State:	All of Act in operation

Constitution (Qualification of Electors) Act 1982, No. 9826/1982

Assent Date:	21.12.82
Commencement Date:	26.1.84: Government Gazette 16.11.83 p. 3679
Current State:	All of Act in operation

Statute Law Revision (Repeals) Act 1982, No. 9863/1982

Assent Date:	5.1.83
Commencement Date:	5.1.83
Current State:	All of Act in operation

Constitution (Local Government) Act 1983, No. 9870/1983

Assent Date:	27.4.83
Commencement Date:	27.4.83
Current State:	All of Act in operation

Constitution (Electoral Provinces and Districts) Act 1983, No. 9892/1983

Assent Date:	31.5.83
Commencement Date:	31.5.83 (except ss 2(1), 3(1)—see ss 2(2), 3(2))
Current State:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83 subject to s. 2(2)
Current State:	All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:	23.6.83
Commencement Date:	S. 255(Sch. 12) on 1.7.83: s. 1(2)(c)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Corporations' Franchise) Act 1983, No. 9937/1983

Assent Date:	9.12.83
Commencement Date:	27.4.83: s. 1(2)
Current State:	All of Act in operation

Constitution (Judges) Act 1983, No. 9959/1983

Assent Date:	22.11.83
Commencement Date:	22.11.83
Current State:	All of Act in operation

Teaching Service Act 1983, No. 10029/1983

Assent Date:	20.12.83
Commencement Date:	S. 22 on 23.2.84: Government Gazette 22.2.84 p. 614
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Interpretation of Legislation Act 1984, No. 10096/1984

Assent Date:	22.5.84
Commencement Date:	1.7.84: s. 2
Current State:	All of Act in operation

Constitution (Duration of Parliament) Act 1984, No. 10106/1984

Assent Date:	25.9.84
Commencement Date:	1.1.85: s. 1(2)
Current State:	All of Act in operation

The Constitution Act Amendment (Electoral Legislation) Act 1984, No. 10146/1984

Assent Date:	13.11.84
Commencement Date:	S. 7 on 22.11.84: Government Gazette 21.11.84 p. 4104; ss 4, 5 on 1.1.85: Government Gazette 5.12.84 p. 4265
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985

Assent Date:	10.12.85
Commencement Date:	31.10.86: Government Gazette 29.10.86 p. 4114
Current State:	All of Act in operation

Constitution (Governor's Salary and Pension) Act 1985, No. 1/1986

Assent Date:	22.1.86
Commencement Date:	22.1.86
Current State:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701
Current State:	All of Act in operation

Constitution (British Subjects) Act 1986, No. 61/1986

Assent Date:	16.9.86
Commencement Date:	27.5.87: Government Gazette 27.5.87 p. 1235
Current State:	All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	1.1.87: s. 2
Current State:	All of Act in operation

Corrections Act 1986, No. 117/1986

Assent Date:	23.12.86
Commencement Date:	S. 6(Sch. 1 item 5) on 6.5.87: Government Gazette 6.5.87 p. 1004
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial Salaries Act 1987, No. 4/1987

Assent Date:	31.3.87
Commencement Date:	3.6.87: Government Gazette 3.6.87 p. 1040
Current State:	All of Act in operation

Equal Opportunity (Amendment) Act 1987, No. 46/1987

Assent Date:	25.8.87
Commencement Date:	1.12.87: Government Gazette 21.10.87 p. 2777
Current State:	All of Act in operation

State Concessions (Amendment) Act 1987, No. 48/1987

Assent Date:	15.9.87
Commencement Date:	1.12.87: Government Gazette 18.11.87 p. 3072
Current State:	All of Act in operation

Constitution (Local Government) Act 1988, No. 55/1988

Assent Date:	16.8.88
Commencement Date:	1.11.89: Government Gazette 1.11.89 p. 2799
Current State:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:	All of Act in operation

Education (Amendment) Act 1990, No. 2/1990

Assent Date:	27.3.90
Commencement Date:	Ss 1–3, 7, 9 on 27.3.90: s. 2(2); rest of Act on 4.4.90: Government Gazette 4.4.90 p. 1007
Current State:	All of Act in operation

Courts (Amendment) Act 1990, No. 64/1990

Assent Date:	20.11.90
Commencement Date:	S. 19 on 20.9.89: s. 2(2); rest of Act (except ss 13, 14) on 1.1.91: Government Gazette 19.12.90 p. 3750; s. 13 on 1.6.91: Government Gazette 15.5.91 p. 1274; s. 14 on 18.11.91: Government Gazette 13.11.91 p. 3083
Current State:	All of Act in operation

Constitution (Jurisdiction of Supreme Court) Act 1991, No. 35/1991

Assent Date:	18.6.91
Commencement Date:	S. 6 on 1.7.89: s. 2(1); rest of Act on 18.6.91: s. 2(2)
Current State:	All of Act in operation

Courts (Case Transfer) Act 1991, No. 43/1991

Assent Date:	18.6.91
Commencement Date:	S. 2, Pt 9 (ss 39–41) on 1.8.91; rest of Act on 1.10.91: Government Gazette 17.7.91 p. 1930
Current State:	All of Act in operation

Constitution (Governor's Salary) Act 1992, No. 5/1992

Assent Date:	5.5.92
Commencement Date:	5.5.92
Current State:	All of Act in operation

Constitution (Ministers) Act 1992, No. 59/1992

Assent Date:	9.11.92
Commencement Date:	9.11.92
Current State:	All of Act in operation

Accident Compensation (WorkCover) Act 1992, No. 67/1992

Assent Date:	19.11.92
Commencement Date:	Ss 1–3 on 19.11.92: s. 2(2); ss 26, 49 on 1.7.93: s. 2(3); s. 63(2) on 29.10.92: s. 2(4); rest of Act (except s. 36(1)) on 1.12.92: s. 2(1); s. 36(1) was never proclaimed, repealed by s. 111(1)(a) of No. 50/1993; s. 42 repealed by No. 50/1993 s. 111(1)(b)
Current State:	All of Act in operation

Constitution (Governor's Powers) Act 1992, No. 70/1992

Assent Date:	24.11.92
Commencement Date:	5.00 a.m. Greenwich Mean Time on 3.3.86: same day and time as the Australia Act 1986 of the Commonwealth All of Act on same day and time as the Australia Act 1986 of the Commonwealth—see 1986 Commonwealth Gazette No. s. 85 p. 1.
Current State:	All of Act in operation

Financial Management Act 1994, No. 18/1994

Assent Date:	10.5.94
Commencement Date:	S. 66(Sch. 2 item 3) on 1.7.94: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Public Prosecutions Act 1994, No. 43/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3) on 7.6.94: s. 2(2); rest of Act on 1.7.94: s. 2(3)
Current State:	All of Act in operation

Accident Compensation (Amendment) Act 1994, No. 50/1994

Assent Date:	15.6.94
Commencement Date:	S. 65(2) on 15.6.94: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Amendment) Act 1994, No. 108/1994

Assent Date:	20.12.94
Commencement Date:	All of Act (except s. 11) on 20.12.94: s. 2(1); s. 11 immediately after the commencement of the Australia Act 1986 of the Commonwealth, 5.00 a.m. Greenwich Mean Time on 3.3.86
Current State:	All of Act in operation

Constitution (Court of Appeal) Act 1994, No. 109/1994 (as amended by No. 22/1995)

Assent Date:	20.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:	All of Act in operation

Courts (General Amendment) Act 1995, No. 9/1995

Assent Date:	26.4.95
Commencement Date:	S. 7(1)–(4) on 27.4.95: Government Gazette 27.4.95 p. 973
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial Remuneration Tribunal Act 1995, No. 22/1995

Assent Date:	16.5.95
Commencement Date:	S. 18 on 18.5.95: Government Gazette 18.5.95 p. 1179; ss 16, 17, 19 on 28.9.95: Government Gazette 28.9.95 p. 2731
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Public Prosecutions (Amendment) Act 1995, No. 36/1995

Assent Date:	6.6.95
Commencement Date:	6.6.95
Current State:	All of Act in operation

Accident Compensation (Amendment) Act 1996, No. 7/1996

Assent Date:	25.6.96
Commencement Date:	S. 50(2) on 25.6.96: Special Gazette (No. 71) 25.6.96 p. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Public Sector Management and Parliamentary Officers (Amendment) Act 1996, No. 24/1996

Assent Date:	2.7.96
Commencement Date:	S. 34 on 2.7.96: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 11.1–11.3) on 1.1.97: s. 2(3)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Births, Deaths and Marriages Registration Act 1996, No. 43/1996

Assent Date:	26.11.96
Commencement Date:	S. 65(Sch. item 4.1) on 2.10.97: Government Gazette 2.10.97 p. 2731
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Accident Compensation (Further Amendment) Act 1996, No. 60/1996

Assent Date:	17.12.96
Commencement Date:	S. 30(2) on 14.11.96: s. 2(3)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution and Parliamentary Committees (Amendment) Act 1997, No. 13/1997

Assent Date:	6.5.97
Commencement Date:	S. 3 on 20.12.94: s. 2(2); rest of Act on 6.5.97: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Amendment) Act 1997, No. 95/1997

Assent Date:	16.12.97
Commencement Date:	16.12.97
Current State:	All of Act in operation

Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997

Assent Date:	23.12.97
Commencement Date:	S. 63 on 23.12.97: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999

Assent Date:	25.5.99
Commencement Date:	8.6.99: s. 2
Current State:	All of Act in operation

Audit (Amendment) Act 1999, No. 53/1999

Assent Date:	14.12.99
Commencement Date:	Ss 3–5 on 1.1.00: Government Gazette 23.12.99 p. 2764
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Public Prosecutions (Amendment) Act 1999, No. 62/1999

Assent Date:	21.12.99
Commencement Date:	22.12.99: s. 2
Current State:	All of Act in operation

Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000

Assent Date:	28.3.00
Commencement Date:	S. 3 on 1.7.00: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Corporations (Commonwealth Powers) Act 2001, No. 6/2001

Assent Date:	8.5.01
Commencement Date:	S. 10 on 21.6.01: Government Gazette 21.6.01 p. 1339
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Supreme Court) Act 2001, No. 12/2001

Assent Date:	22.5.01
Commencement Date:	Ss 3, 4 on 23.5.01: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001

Assent Date:	29.5.01
Commencement Date:	Ss 4–10 on 30.5.01: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Metropolitan Ambulance Service Royal Commission Report) Act 2001, No. 40/2001

Assent Date:	27.6.01
Commencement Date:	28.6.01: s. 2
Current State:	All of Act in operation

Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002

Assent Date:	3.4.02
Commencement Date:	S. 12(1) on 1.1.02: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Governor's Salary) Act 2002, No. 8/2002

Assent Date:	23.4.02
Commencement Date:	24.4.02: s. 2
Current State:	All of Act in operation

Electoral Act 2002, No. 23/2002

Assent Date:	12.6.02
Commencement Date:	S. 189 on 1.9.02: Government Gazette 29.8.02 p. 2333
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Parliamentary Reform) Act 2003, No. 2/2003

Assent Date:	8.4.03
Commencement Date:	Ss 3–7, 12–19 on 8.4.03: Special Gazette (No. 57) 8.4.03 p. 1; ss 8–11, 49 on 31.10.06: s. 2(3)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Water Authorities) Act 2003, No. 37/2003

Assent Date:	11.6.03
Commencement Date:	Ss 4, 5 on 12.6.03: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation (Amendment) Act 2003, No. 39/2003

Assent Date:	11.6.03
Commencement Date:	S. 3 on 1.5.03: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Supreme Court) Act 2003, No. 66/2003

Assent Date:	14.10.03
Commencement Date:	Ss 3–5 on 15.10.03: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Parliamentary Committees Act 2003, No. 110/2003

Assent Date:	9.12.03
Commencement Date:	S. 55 on 10.12.03: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial Salaries Act 2004, No. 38/2004

Assent Date:	8.6.04
Commencement Date:	S. 12 on 9.6.04: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Mitcham-Frankston Project Act 2004, No. 39/2004

Assent Date:	8.6.04
Commencement Date:	S. 259 on 1.7.04: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Recognition of Aboriginal People) Act 2004, No. 73/2004

Assent Date:	9.11.04
Commencement Date:	Ss 3, 4 on 10.11.04: s. 2
Current State:	All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	Ss 114, 117(1)(Sch. 3 item 40) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005

Assent Date:	5.4.05
Commencement Date:	S. 14 on 6.4.05: s. 2(1); ss 3–5 on 1.5.05: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 (as amended by No. 14/2006)

Assent Date:	24.5.05
Commencement Date:	Ss 3–5 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Parliamentary Administration Act 2005, No. 20/2005

Assent Date:	24.5.05
Commencement Date:	S. 36 on 1.7.05: s. 2(4)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Transport Legislation (Further Amendment) Act 2005, No. 25/2005

Assent Date:	31.5.05
Commencement Date:	S. 16 on 31.5.05: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005

Assent Date:	21.6.05
Commencement Date:	S. 4 on 22.6.05: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Electoral Legislation (Further Amendment) Act 2005, No. 38/2005

Assent Date:	27.7.05
Commencement Date:	Ss 14, 15 on 28.7.05: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006

Assent Date:	11.4.06
Commencement Date:	S. 6 on 1.5.05: s. 2(2); ss 4, 5, 7 on 12.4.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 8) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Electoral and Parliamentary Committees Legislation (Amendment) Act 2006, No. 44/2006

Assent Date:	25.7.06
Commencement Date:	S. 23 on 26.7.06: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007

Assent Date:	26.6.07
Commencement Date:	Ss 8, 9, 10(1) on 27.6.07: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008

Assent Date:	3.6.08
Commencement Date:	Ss 3–8 on 4.6.08: s. 2(1); s. 22 on 1.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:	3.6.08
Commencement Date:	Ss 3–12 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008

Assent Date:	26.8.08
Commencement Date:	S. 3 on 27.8.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:	11.12.08
Commencement Date:	Ss 3–5 on 11.12.08: s. 2(1); s. 6 on 17.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 7) on 1.12.09: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Superannuation Legislation Amendment Act 2009, No. 38/2009

Assent Date:	30.6.09
Commencement Date:	Ss 17–19 on 1.7.09: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 25) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 11) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution (Appointments) Act 2009, No. 70/2009

Assent Date:	1.12.09
Commencement Date:	S. 7 on 2.12.09: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 9) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010

Assent Date:	15.6.10
Commencement Date:	Ss 7, 8 on 1.1.11: s. 2(5)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Superannuation Legislation Amendment Act 2010, No. 40/2010

Assent Date:	30.6.10
Commencement Date:	S. 104 on 1.7.10: Government Gazette 1.7.10 p. 1359
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	Ss 3–14 on 27.2.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Integrity Legislation Amendment Act 2013, No. 28/2013

Assent Date:	15.5.13
Commencement Date:	S. 5 on 1.1.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013

Assent Date:	18.6.13
Commencement Date:	S. 18 on 1.7.13: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	Ss 3–15, 54–61 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 5) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 27) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 9) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	S. 54–58 on 12.8.15: s. 2(1); ss 74–79 on 1.1.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 39–44 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 148–156 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Parliamentary Budget Officer Act 2017, No. 27/2017

Assent Date:	27.6.17
Commencement Date:	S. 57 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 64 on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 17) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution Amendment (Fracking Ban) Act 2021, No. 8/2021

Assent Date:	16.3.21
Commencement Date:	Ss 3, 4 on 17.3.21: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 29–33 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Constitution Amendment (SEC) Act 2024, No. 36/2024

Assent Date:	22.10.24
Commencement Date:	Ss 3–5 on 15.11.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

Financial Management Legislation Amendment Act 2025, No. 30/2025

Assent Date:	19.8.25
Commencement Date:	Ss 23, 24 on 20.8.25: s. 2
Current State:	This information relates only to the provision/s amending the Constitution Act 1975

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 1: Section 9 of the Constitution (Amendment) Act 1994, No. 108/1994 reads as follows:

9Transitional

Anything done or purporting to have been done after the Australia Act 1986 of the Commonwealth came into operation and before the commencement of Part 2 of this Act is valid to the extent that—

(a)it was valid when done or purported to be done; or

(b)it would have been valid if, when done or purported to be done, the Principal Act had been in operation as amended by Part 2 of this Act.

[2] S. 3(1): Now see Imperial Acts Application Act 1980, No. 9426/1980.

[3] S. 6: See note 1.

[4] S. 6: Sections 7, 8 of the Constitution (Amendment) Act 1994, No. 108/1994 read as follows:

7Letters Patent and Instructions cease to have effect

(1)The Letters Patent dated 29 October 1900, as amended, and the Letters Patent dated 14 February 1986, relating to the office of Governor of the State and all Instructions to the Governor cease to have effect on the commencement of this section.

(2)Despite subsection (1), anything done or purporting to have been done before the commencement of this section pursuant to the terms of the Letters Patent or Instructions is, and continues to be, as valid and effective as if, at all relevant times, the Letters Patent and Instructions were valid and effective in all respects.

8Continuation of existing Commissions, appointments etc.

(1)Any existing Commission or appointment given or made pursuant to Letters Patent or pursuant to Instructions referred to in section 7 continues in force until revoked or terminated.

(2)A person who holds office under any such Commission or appointment as—

(a)the Governor;

(b)the Lieutenant-Governor;

(c)the Administrator;

(d)a Minister;

(e)a member of the Executive Council—

is deemed, on the commencement of this section, to have been appointed to that office under the Principal Act.

(3)This Act does not affect anything done under any such Commission or appointment.

(4)A person holding office under any such Commission or appointment is deemed to have taken the Oaths or Affirmations required by law before acting in that office.

(5)Any oath or affirmation taken, or deemed to have been taken, before the commencement of this section for the purposes of any such Commission or appointment is deemed to have been taken pursuant to the Principal Act.

(6)Subsection (1) does not continue in force a provision of any such Commission or appointment that is inconsistent with any law.

[5] S. 6A: See note 1.

[6] S. 6B: See note 1.

[7] S. 6C: See note 1.

[8] S. 6D: See note 1.

[9] S. 12A (repealed):

Governor's Deputy's Powers Act 1916, No. 2898/1916 repealed by and consolidated into The Constitution Act Amendment Act 1928, No. 3660 s. 9.

It remained as section 9 in The Constitution Act Amendment Act 1958, No. 6224/1958.

The Constitution Act 1975, No. 8750/1975 repealed section 9 of The Constitution Act Amendment Act 1958, and inserted a similar provision as section 14A of the Acts Interpretation Act 1958, No. 6189/1958.

The Interpretation of Legislation Act 1984, No. 10096/1984 repealed the Acts Interpretation Act 1958, No. 6189/1958 and inserted a provision similar to section 14A as section 12A of the Constitution Act 1975, No. 8750/1975.

Section 12A was substituted by section 3 of the Constitution (Governor's Powers) Act 1992, No. 70/1992. Section 4 of the Constitution (Governor's Powers) Act 1992, No. 70/1992 reads as follows:

4Exercise of powers

Any power of the Governor exercised or purporting to have been exercised by a person acting as Governor or Deputy Governor (however described) on or after the commencement of the Australia Act 1986 of the Commonwealth and before the enactment of this Act continues to be, or is to be taken to be, as valid and effective as it would have been if this Act had been in operation when the person exercised, or purported to exercise, the power.

[10] S. 63: Sections 4(2)(3) and 7 of the Constitution and Parliamentary Committees (Amendment) Act 1997, No. 13/1997 read as follows:

4Amendment of section 63

(2)The enactment or validity of an Act enacted or purporting to have been enacted before the commencement of this section shall not be called in question in any proceeding in any court or tribunal on the ground that the Bill for the Act was a Bill for appropriating any part of the Consolidated Fund or of any duty, rate, tax, rent, return or impost and was originated by the Legislative Assembly before the purpose of the appropriation had been recommended by a message of the Governor to the Legislative Assembly.

(3)Anything done or omitted to be done under the authority or purported authority of an Act to which subsection (2) applies shall not be called in question on the ground referred to in that subsection.

7Supreme Court—limitation of jurisdiction

It is the intention of section 4 to alter or vary section 85 of the Constitution Act 1975.

[11] S. 74AB (repealed): This section was repealed on 16 August 2001—the day that was the first sitting day of the Legislative Assembly after the day on which the Constitution (Metropolitan Ambulance Service Royal Commission Report) Act 2001, No. 40/2001 (repealed) received the Royal Assent.

[12] S. 75: Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:

29Proceedings before Full Court

(1)The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

(2)If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

[13] S. 75A: See note 12.

[14] S. 85(5): See the Constitution (Supreme Court) Act 1989, No. 22/1989 and section 7 of the Constitution (Jurisdiction of Supreme Court)
Act 1991, No. 35/1991.

[15] S. 85(6): See note 14.

[16] S. 85(7): See note 14.

[17] S. 85(8): See note 14.

[18] S. 85(8B) (repealed): See note 11.

[19] S. 87A: See note 1.

[20] S. 87A: See note 4.

[21] S. 87B: See note 1.

[22] S. 87C: See note 1.

[23] S. 87D: See note 1.

[24] S. 87E: See note 1.

[25] Sch. 2: See note 1.