Constitution Amendment (Prorogation of Parliament) Act 2011 (NSW)

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An Act to amend the Constitution Act 1902 to restrict the prorogation of Parliament before a general election.

1Name of Act

This Act is the Constitution Amendment (Prorogation of Parliament) Act 2011.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Constitution Act 1902 No 32(1)

Omit “He may also prorogue the Legislative Council and Assembly by proclamation or otherwise whenever he deems it expedient.”.

(2)

Insert after section 10:

10AProrogation of Parliament(1)

The Governor may, by proclamation, prorogue the Legislative Council and Assembly whenever the Governor considers it expedient to do so (subject to this section and section 24B).

(2)

The Premier or Executive Council may not advise the Governor to prorogue the Legislative Council and Assembly on a date that is before 26 January in the calendar year in which the Legislative Assembly is due to expire and that is after the fourth Saturday in the preceding September.

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