Constitution Acts Amendment (Temporary) Act 1934 (WA)

1934.] Constitution (Temporary). [No. 3.

CONSTITUTION (TEMPORARY).

25 = GEO. V., No. If

No. 3 of 1934.

AN ACT to declare that the provisions of section six of the Constitution Act, 1889, and sections thirty-two, thirty-four and thirty-eight of the Constitution Acts Amendment Act, 1899, did not apply, and shall not apply, to the office of the chairman of the Lotteries Commission from the appointment 'to such office to the 31st day of December, 1934 ; and for other relative purposes.

[Assented to 15th June, 1934.]

1. This Act may be cited as the Constitution Acts Amend- short title.

mod (Temporary) Act, 1934.

2. It is hereby declared and enacted

(1) That the Honourable Alexander McAlister Clydes- dale did not incur any disqualification and shall	Ao disqualificationincurred by
acceptance of the

be deemed not to have incurred at any time before,	her efb	eeofee
on, or since the 23rd day of February, 1933, and	s	t?ornio	s Commis-
during the continuance of this Act any disqualifi- cation under section six of the Constitution Act, 1889, or sections thirty-two, thirty-four, or thirty- eight of the Constitution Acts Amendment Act, 1899, by reason of the acceptance by him of the office of a member of the Lotteries Commission under the Lotteries (Control) Act, 1932, or of his continuance in such office; and

No. 3.] Constitution (Temporary). [1934..

(2) That the seat of the Honourable Alexander McAlister Clydesdale as a member of the Legislative Council was not vacated or rendered void by the accept- ance or re-acceptance of such office, which as from the commencement of the Lotteries (Control) Act, 1932, and during its continuance until the 31st day of December, 1934, was not and shall not with re- spect to such period be deemed an office of profit from the Crown.

Saving any exist-	3.	Notwithstanding the provisions of the preceding sec-
ing Judgment
under section 39

of the Constitu-	tion, this Act shall not affect the right to recover any monetary
tion Acts Amend-
ment Act, 1899.	penalty under section thirty-nine of the Constitution Acts
but barring other
actions.	Amendment Act, 1899, and costs under the judgment ob- tained in the action H. No. 20 of 1933 in the Supreme Court of Western Australia; subject, however, to the determination of any pending appeal or to any right of further appeal of either party to such action; but this Act shall apply and operate as a bar to all other actions or proceedings (if any) under the said section thirty-nine which may have been com- menced and are pending at the commencement of this Act.
Retrospective but

limited operation 4. This Act shall have effect from the commencement of

of this Act.

the Lotteries (Control) Act, 1932, until the 31st day of De-

cember, 1934, but no longer.