Constitution Amendment (Speaker) Act 2007 (NSW)

An Act to amend the Constitution Act 1902 to enable the Speaker to take part in debates or discussions, and to vote, when not presiding in the Legislative Assembly.

1Name of Act

This Act is the Constitution Amendment (Speaker) Act 2007.

2Commencement

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

3Amendment of Constitution Act 1902 No 32

The Constitution Act 1902 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 31 Speaker

Insert after section 31 (3):

(4)

The Speaker may, when not presiding:

• (a)

  take part in any debate or discussion, and

• (b)

  vote on any question,

which may arise in the Legislative Assembly.

[2]Section 32 Quorum and determination of questions

Omit “the Speaker” from section 32 (1).

Insert instead “the Member presiding”.

[3]Section 32 (2)

Omit the subsection. Insert instead:

(2)

All questions which may arise in the Legislative Assembly shall be decided by the majority of the votes of the Members present other than the Member presiding, and when the votes are equal the Member presiding shall have a casting vote.