Constitution (Doubts Removal) Act 2001 (TAS)

Constitution (Doubts Removal) Act 2001

An Act to validate the election of Robert Reginald Cheek as a member of the House of Assembly, to remove doubt as to his election as a member of that House, and to provide for his continuation as a member of that House

[Royal Assent 30 May 2001]

WHEREAS by section 33(1) of the Constitution Act 1934 it is provided, among other things, that any person who undertakes, executes, holds, or enjoys, in the whole or in part, any contract or agreement with the Government of the State shall be incapable of being elected or of sitting or voting as a Member of either House of Parliament during the time he executes, holds or enjoys any such contract or any part or share thereof or any benefit or emolument arising from the same, and that if any Member enters into any such contract or agreement, or, having entered into it, continues to hold it, his seat shall be vacant:AND WHEREAS Robert Reginald Cheek, a Member of the present House of Assembly, did, after his election to the House at the general election held on 24 February 1996, and before his re-election to the House at the general election held on 29 August 1998, through a company in which he is a shareholder indirectly enter into a contract for the rental of a car parking space to which the Government of the State is alleged to be a party:AND WHEREAS doubt has been raised as to whether, by reason of the contract and the provisions of section 33(1) of the Constitution Act 1934 , Robert Reginald Cheek was, on the dates of his election to the House of Assembly, capable of being validly elected as a Member of that House and, after those dates, was capable of continuing to sit and vote as a Member of that House:AND WHEREAS it is desirable that any doubt should be removed:

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Constitution (Doubts Removal) Act 2001 . 2CommencementThis Act is taken to have commenced on 23 May 2001. 3Validation of election of Robert Reginald CheekNotwithstanding any law to the contrary, it is hereby declared that – (a) Robert Reginald Cheek was, on 24 February 1996 and 29 August 1998, capable in all respects of being elected as a Member of the House of Assembly; and (b) the election of Robert Reginald Cheek as a Member of that House at the general election of members of that House held on those days was valid and effectual for all purposes; and (c) after those dates, Robert Reginald Cheek was and is capable of continuing to sit and vote as a Member of that House. 4IndemnityRobert Reginald Cheek is hereby indemnified against, and freed and discharged from, all liabilities, penalties, forfeitures, incapacities, disqualifications and disabilities which, but for this Act, he would have incurred. 5Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Premier; and (b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.

[Second reading presentation speech made in:

House of Assembly on 23 MAY 2001

Legislative Council on 23 MAY 2001]