Constitution Act Amendment Act 1857 No 6a (NSW)

No. X.

An Act to repeal so much of the Consti tution Act as requires the concurrence of unusual majorities of Members in the Legislat ive Council and Legislative Assembly respectively in the passing of Bills to alter the Constitution conferred by the said Act or the number and apport ionment of Representat ives in the

said Legislative Assembly.	[Reserved—20th
January,	1857.]

WH E R E A S year of t he re ign of H e r present Majesty by t h e la te Legis la t ive

by the Cons t i tu t ion A c t passed in t h e seventeenth

Council of New South W a l e s in t i tu led " An Act to confer a Constitution on New South Wales and to grant a Civil List to Her Majesty " a n d assented to by H e r Majesty as amended unde r t h e au thor i ty of t he I m p e r i a l P a r l i a m e n t in t h e n ine teen th year of H e r re ign i t is in and

by t h e fifteenth section thereof amongs t other th ings enac ted t h a t i t

shall be lawful	for t h e Legis la ture of t h e Colony by any A c t or Ac ts
thereaf ter	passed to a l ter t h e divisions a n d ex ten t of t h e several Count ies

Dis t r ic ts Cities Towns Boroughs and H a m l e t s which shall be repre ­ sented in t h e Legis la t ive Assembly and to establish new a n d other divisions of t he same and to a l ter t h e appor t ionmen t of Represen ta t ives

to be chosen by the said Count ies Dis t r ic ts Cities Towns Boroughs a n d

H a m l e t s respect ively a n d to a l ter t h e n u m b e r of representa t ives to

be chosen in and for t h e several Elec tora l Dis t r ic ts in t h e s ame a n d

to al ter and r egu la t e t he appo in tmen t of R e t u r n i n g Officers P rov ided

a lways t h a t it shall no t be lawful to p resen t to t h e Governor of t h e

Colony for H e r Majes ty ' s Assent any Bill by which t h e n u m b e r or

appor t ionmen t of Representa t ives in t he Legis la t ive Assembly m a y be a l te red unless t he second and th i rd readings of such Bil l in t h e Legis ­ lat ive Council and the Legislat ive Assembly respectively shal l have been passed w i t h t he concurrence of a major i ty of t h e Members for the t i m e

be ing of t h e said Legislat ive Counci l and of two- th i rds of t he M e m b e r s

for the t ime be ing of t h e said Legis la t ive Assembly A n d whereas i t

be ing

is in and by t h e th i r ty - s ix th section of t he said A c t fur ther provided

n o t w i t h s t a n d i n g a n y t h i n g thereinbefore conta ined t h a t t he Legis la tu re

of t he said Colony as cons t i tu ted by t h e said A c t shal l have full power

and au tho r i t y from t ime to t i m e by any A c t or Ac ts to a l ter t h e

provis ions or laws for t h e t ime be ing in force unde r t he said A c t	or
otherwise concerning the Legis la t ive Counci l a n d to provide for	t h e

nomina t ion or elect ion of ano the r Legislat ive Counci l to consist respectively of such Member s to be appoin ted or elected respect ively by such person or persons and in such m a n n e r as by such A c t or A c t s shall be de termined Provided a lways t h a t i t shall no t be lawful to

presen t to t he Governor of t he said Colony for H e r Majes ty ' s Assen t

any Bill by which any such a l te ra t ion in t he Cons t i tu t ion of t he said Colony m a y be m a d e unless t he second and t h i r d readings of such Bil l shall have been passed wi th t he concurrence of two- th i rds of t h e Members for t he t ime be ing of t h e said Legislat ive Counci l and of t h e

said Legislat ive Assembly respectively A n d whereas by t h e A c t of t h e

I m p e r i a l P a r l i a m e n t passed in t h e Session of t h e e igh teen th a n d

n ine teen th years of H e r Majesty 's re ign chapter fifty-four to enable

H e r Majesty to assent to t he said Cons t i tu t ion Ac t as amended t h e n

being a Bill reserved for H e r Majesty 's Assen t it is provided t h a t it shall be lawful for t he Legis la ture of New South Wales to m a k e laws a l te r ing or repeal ing all or any of t h e provisions of t h e said reserved 35ill in t h e same m a n n e r as any o the r laws for t he good gove rnmen t of the said Colony subject however to the condi t ions imposed by the said reserved Bil l on t h e a l te ra t ion of the provisions thereof in cer ta in

par t i cu la rs u n t i l and unless t h e said condit ions shall be repealed or

a l tered by the au tho r i t y of the said Legis la ture A n d whereas i t is deemed fitt ing to repeal t h e hereinbefore reci ted provisoes to t h e said fifteenth a n d th i r t y - s ix th sections of t h e said Cons t i tu t ion Ac t to t he

end

t h a t it m a y become competent to t he Legis la ture of t he Colony a t any t i m e after th i s Ac t shall have received the Roya l Assent to amend the provisions of t he said Const i tu t ion Ac t in the pa r t i cu la r s in t h e said provisoes men t ioned in the same m a n n e r and by the same majori­ ties of M e m b e r s as any of the o ther provisions of the said A c t or any any o the r law for t he good government of t h e Colony may be amended Be i t therefore enacted by the Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by the au tho r i t y of t h e same as follows :—

1. So m u c h of t h e said Const i tu t ion Ac t as provides in t he fifteenth section thereof tha t it shall not be lawful to present to t he Governor of t he Colony for H e r Majesty 's Assen t any Bill by which the n u m b e r and appor t ionmen t of Representa t ives in the Legis la t ive Assembly m a y be al tered unless t he second and th i rd readings of such Bill in t he Legis la t ive Council and the Legislat ive Assembly respec­ t ively shal l have been passed wi th the concurrence of a, major i ty of the M e m b e r s for t he t ime being of t h e said Legislat ive Counci l a n d of two- th i rds of t he Members for t he t ime being of t he said Legis la t ive Assembly and so m u c h of t he same as provides in t h e same section t h a t t h e Assent of H e r Majesty shal l not be given to any such Bill unless an Address shall have been presented by the Legislat ive Assembly to t h e Governor s ta t ing t h a t such Bill has been so passed shall be a n d t h e same is hereby repealed.

2. So m u c h of t he said Const i tu t ion Ac t as in t he th i r ty - s ix th

section thereof provides t h a t i t shall no t be lawful to present to t he Governor of t he Colony for H e r Majes ty ' s Assent any Bil l by which any such a l te ra t ion as the re in ment ioned in t he Const i tu t ion of the said Colony may be m a d e unless the second and th i rd readings of such Bill shall have been passed wi th t he concurrence of two- th i rds of t h e

M e m b e r s for the t ime being of t he said Legislat ive Council and of t he
said Legis la t ive Assembly respectively shall be and the same is hereby

repealed.