Constitution (Council Vacancies) Act 1984 (Vic)

Version No. 001

Constitution (Council Vacancies) Act 1984

No. 10125 of 1984

Version as at

8 August 2012

TABLE OF PROVISIONS

Section  Page

1Short title

2Commencement

3Interpretation

4Filling of certain vacancies in Ballarat, Boronia, Monash and Western provinces

5Certain provisions not to apply to certain vacancies

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Constitution (Council Vacancies) Act 1984

No. 10125 of 1984

Version as at

8 August 2012

An Act to provide for the filling of places of members of the Legislative Council for the provinces named Ballarat, Boronia, Monash or Western whose seats fall vacant in certain circumstances and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title

This Act may be cited as the Constitution (Council Vacancies) Act 1984.

2Commencement

This Act shall come into operation on 1 January 1985.

3Interpretation

(1)In this Act, unless the contrary intention appears—

Assembly means Legislative Assembly of Victoria;

Council means Legislative Council of Victoria.

(2)In this Act—

(a)a reference to an old province is a reference to an electoral province of the Council named Ballarat, Boronia, Monash or Western, the name and boundaries of which were declared by proclamation of the Governor in Council published in the Government Gazette on 30 July 1975; and

(b)a reference to a new province is a reference to an electoral province of the Council named Ballarat, Boronia, Monash or Western, the name and boundaries of which were published in the Government Gazette on 13 April 1984.

(3)For the purposes of this Act a new province corresponds to an old province if it bears the same name as the old province.

4Filling of certain vacancies in Ballarat, Boronia, Monash and Western provinces

Where a member of the Council who holds a seat at the commencement of this Act for an old province and whose entitlement to hold the seat expires on 14 July 1985 resigns the seat for the purpose of seeking election for the Assembly at a simultaneous election of the Council and the Assembly held before that date, the member elected at that election for the new province that corresponds to that old province and whose entitlement to the seat for that new province commences on 15 July 1985—

(a)shall be deemed to have been elected at an election to fill the place of the first-mentioned member for the old province and to be entitled to hold the seat for the old province during the unexpired portion of the period for which the first-mentioned member was elected; and

(b)shall, for the purposes of section 6 of the Parliamentary Salaries and Superannuation Act 1968, be entitled to payment under that section from and including the day appointed for taking the poll at that election.

5Certain provisions not to apply to certain vacancies

Where a vacancy in the place of a member of the Council for an old province named Ballarat, Boronia, Monash or Western occurs before 14 July 1985 by reason of the resignation of the member for the purpose of seeking election for the Assembly before that date, being a member whose entitlement to hold the seat expires on that date—

(a)section 149(3) of The Constitution Act Amendment Act 1958; and

(b)section 16(2) of the Electoral Commission Act 1982—

do not apply in respect of that vacancy.

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ENDNOTES

1.     General Information

The Constitution (Council Vacancies) Act 1984 was assented to on 7 November 1984 and came into operation on 1 January 1985: section 2.

2.     Table of Amendments

There are no amendments made to the Constitution (Council Vacancies) Act 1984 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.