Constitution (Legislative Council) Amendment Act 1991 (NSW)

CONSTITUTION (LEGISLATIVE COUNCIL) AMENDMENT

ACT 1991 No. 20

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Constitution Act 1902 No. 32

4. Consequential amendment of Parliamentary Electorates and Elections Act 1912 No. 41

SCHEDULE 1—AMENDMENT OF CONSTITUTION ACT 1902

SCHEDULE 2—CONSEQUENTIAL AMENDMENT OF PARLIAMENTARY

ELECTORATES AND ELECTIONS ACT 1912

CONSTITUTION (LEGISLATIVE COUNCIL) AMENDMENT

ACT 1991 No. 20

NEW SOUTH WALES

Act No. 20, 1991

An Act:

(a)	to reduce the number of politicians in the Legislative Council and to reduce their maximum term of office; and
(b)	to apply to the Legislative council the same method of filling casual vacancies as applies to the Senate. [Assented to 1 July 1991]

2   Act No. 20

Constitution (Legislative Council) Amendment 1991

BE 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, with the approval of the electors as required by the Constitution Act 1902, and by the authority of

the same, as follows:

Short title

1. This Act may be cited as the Constitution (Legislative Council)

Amendment Act 1991.

Commencement

2. This Act commences on the	date of assent.
Amendment of Constitution Act	1902 No. 32
3. The Constitution Act 1902 is	amended as set out in Schedule 1.

Consequential amendment of	Parliamentary Electorates and
Elections Act 1912 No. 41
4. The Parliamentary Electorates	and Elections Act 1912 is amended

as set out in Schedule 2.

SCHEDULE l—AMENDMENT OF CONSTITUTION ACT 1902

(Sec. 3)

(1) Section 3 (Definitions):

(a) Omit the definition of “Periodic Council election”, insert instead:

“Periodic Council election” means an election held for

the return of 21 Members of the Legislative Council.

(b) Omit the definition of “The 1978 reconstitution Act”.

(2) Section 7A (Referendum for Bills with respect to Legislative

Council and certain other matters):

From section 7A (1) (b), omit “Fifth or”.

Constitution (Legislative Council) Amendment 1991

SCHEDULE 1—AMENDMENT OF CONSTITUTION

ACT 1902— continued

(3) Sections 16-21:

Omit the sections, insert instead:

Definitions

16. In this Division:
“periodic Council election” includes an election for the

return of 15 Members of the Legislative Council held after the commencement of the Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978 and before the commencement of the 1991 reconstitution Act;

“the 1991 reconstitution Act” means the Constitution

(Legislative Council) Amendment Act 1991.

Reconstitution of the Legislative Council

17. (1) On the commencement of the 1991 reconstitution Act, the Legislative Council is reconstituted.

(2) On and from that commencement, the Legislative Council shall (subject to this Division) consist of 42 Members elected at periodic Council elections.

(3) The following Members of the Legislative Council cease to be Members on the commencement of the 1991 reconstitution Act:

(a)	the last 3 Members of the Legislative Council elected at the third-last periodic Council election held before that commencement;
(b)	if the seat of such a Member has become vacant since that periodic Council election-a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.

(4) Section 22A (Conduct of periodic Council elections):

(a) Omit section 22A (2).

(b) From section 22A (3), omit “, other than the first such election,”.

(c) From section 22A (4), omit “(2) or”.

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Constitution (Legislative Council) Amendment 1991

SCHEDULE 1—AMENDMENT OF CONSTITUTION
ACT 1902— continued

(2) Subject to subsection (4), the term of service of a Member of the Legislative Council (other than a long-term continuing Member) shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the second general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.

(3) Subject to subsection (4), the term of service of a long-term continuing Member shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the third general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.

(b) After section 22B (4), insert:

(5) In this section, “long-term continuing Member”

means:

(a)	a Member of the Legislative Council who was one of the first 12 Members elected at the third-last periodic Council election held before the commencement of the 1991 reconstitution Act; or
(b)	a Member of the Legislative Council who was one of the first 6 Members elected at the second-1st periodic Council election held before that commencement; or
(c)	if the seat of a Member referred to in paragraph (a) or (b) has become vacant since the periodic Council election concerned-a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.

(6) Section 22C (Filling of casual vacancies in seats of elected

Members of the Legislative Council from same group):

Omit the section.

(7) Section 22D (Filling of casual vacancies in seats of Members of

Legislative Council by joint sitting of both Houses):

(a)	From section 22D (l), omit “an elected Member” wherever occurring, insert instead “a Member”.
(b)	From section 22D (1) (a), omit “and that vacancy is not filled under section 22C”.

Constitution (Legislative Council) Amendment 1991

SCHEDULE 1—AMENDMENT OF CONSTITUTION

ACT 1902— continued

(c) From section 22D (4) (b), omit “elected under this section or section 22C”.

(8) Section 22G (President):

Omit section 22G (1) (a).

(9) Fifth Schedule (Continuing Members of the Legislative

Council):

Omit the Schedule.

(10) Sixth Schedule (Conduct of Legislative Council Elections):

(a)	From clause 1, omit ‘‘15 Members”, insert instead “21 Members”.
(b)	From clause 2, omit “10” wherever occurring, insert instead “ 1 5 ” .

(c) From clause 7, omit “16”, insert instead ‘‘22”.

SCHEDULE 2—CONSEQUENTIAL AMENDMENT OF PARLIAMENTARY ELECTORATES AND ELECTIONS

ACT 1912

(Sec. 4)

(1) Section 81H (Proceedings after close of nominations):

Omit “l5 candidates” wherever occurring, insert instead “21

candidates ” .

(2) Section 81I (Retention of claims for grouping):

Omit the section.

(3) Section 83C (Group voting tickets):

(a)	From section 83C (2) (a), omit “10 candidates”, insert
instead “ 1 5 candidates”.

(b) From section 83C (2) (b), omit “11”, insert instead ‘‘16”.

(4) Section 103 (Vote, how given):

Omit section 103 (3), insert instead:

(3) In the case of a periodic Council election, a voter shall record his vote for at least 15 candidates by placing the numbers "1", "2", "3", "4", "5", "6", "7", "8", "9",

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Constitution (Legislative Council) Amendment 1991

SCHEDULE 2—CONSEQUENTIAL AMENDMENT OF PARLIAMENTARY ELECTORATES AND ELECTIONS

ACT 1912—continued

"10", "11", "12", "13", “14” and “15” in the squares opposite
the names of 15 candidates in the order of his preferences for
them and may, if he wishes, vote for additional candidates by
placing consecutive numbers beginning with the number “16” in
the squares opposite the names of those additional candidates in

the order of his preferences for them.

(5) Schedules 4A (Ballot-paper) and 15A (Postal ballot-paper):

(a)	Omit “15 Members” wherever occurring, insert instead “21 M e m b e r s ” .
(b)	Omit “and “10” in the squares opposite the names of 10 candidates” wherever occurring, insert instead “ , “10”, “11”, “12”, “13”, “14” and “15” in the squares opposite the names of 15 candidates”.

(c) Omit “11” wherever occurring, insert instead “16”.

[Minister’s second reading speech made in—

Legislative Assembly on 21 February 1991
Legislative Council on 14 March 1991]