Constitution (Amendment) Act 1962 (NSW)

CONSTITUTION (AMENDMENT) ACT.

Act No. 39,1962.

An Act to make further provision with respect to the disqualification of persons who may be elected, or sit or vote as members of the Legislative Council or Legislative Assembly; for this purpose to amend the Constitution Act, 1902, and certain other Acts; and for purposes connected therewith. [Reserved, 14th December, 1962. Assented to, 17th January, 1963.]

D E it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

(a) (i) by inserting in subsection one of section thirteen after the words "Public Service" the words "of New South Wales"; (ii)

1. This Act may be cited as the "Constitution (Amend-

ment) Act, 1962".

2. The Constitution Act, 1902, as amended by sub-

sequent Acts, is amended—

(ii)   by omitting from subsection three of the same section the word "herein" and by inserting in lieu thereof the words "in subsection one or two of this section";

(iii)   by inserting at the end of the same section the following new subsections: —

(4) It is hereby declared that nothing in subsection one or two of this section extends t o—

(a)	a contract or agreement for or in respect of a loan to the Treasurer or to a body authorised to borrow by Act of Parliament;
(b)	a contract or agreement the benefit or burden of which or any interest in which devolves upon a person—

(i)   as beneficiary under a will or as a person entitled to share in the estate of an intestate—until he has been in possession of the benefit, burden or interest, as the case may be, for one year from the date of commence­ ment of the Constitution (Amendment) Act, 1962, or from the date of the devolution, whichever is the later date;

(ii) as executor, administrator or trustee—until he has been in possession of the benefit, burden or interest, as the case may be, for three years from the date of commencement of the Constitution (Amendment) Act, 1962, or from the date of the devolution, whichever is the later date;

(c)

(c)	a compromise or settlement in respect of compensation or other money pay­ able by Her Majesty or a statutory body representing Her Majesty;
(d)	a lease, license for occupation, sale, purchase or exchange of land, or a contract or agreement for such a lease, sale, purchase or exchange or for the occupation of land or for an easement; or a gift or an agreement for a gift by any person of land to or for Her Majesty or a statutory body represent­ ing Her Majesty;
(e)	a contract or agreement for the supply or provision by or to or for Her Majesty or a statutory body represent­ ing Her Majesty of goods, wares or merchandise or services (including the provision of insurance or indemnity) where the goods, wares or merchandise or services (including the provision of insurance or indemnity) are supplied or provided on the like terms as those on which they are ordinarily supplied or provided to members of the public;
(f)	a loan by Her Majesty or a statutory body representing Her Majesty to any person upon the security of a mort­ gage, bill of sale, lien or other security
upon and subject to the like terms as
those ordinarily imposed by Her Majesty or the statutory body on loans made to members of the public.
Notice of any such compromise or settlement as is referred to in para­ graph (c) of this subsection that takes place after the commencement of the Constitution (Amendment) Act, 1962,

shall

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shall be published in the Gazette within two months from the date of the compromise or settlement, as the case may be.

(5) In this section, "statutory body repre- senting Her Majesty" includes any statutory body that is part of, or that exercises any func- tion that is a function of, the Public Service of New South Wales.

(b) by omitting from paragraph (e) of section nineteen the words "contractor or".