Legislative Assembly (Speaker) Act (NT)

Case

NORTHERN TERRITORY OF AUSTRALIA

LEGISLATIVE ASSEMBLY (SPEAKER) ACT 1974

As in force at 3 December 1974

TABLE OF PROVISIONS

Section

1.          Short title

2.Speaker to be deemed to continue to be Speaker after resignation

3.Chairman of Committees to be deemed to be Speaker in event of death, absence or incapacity of Speaker

4.Speaker to be deemed to continue to be Speaker after general election

5.Chairman of Committees to be deemed to be Speaker in event of death, absence or incapacity of Speaker after general election

Notes

NORTHERN TERRITORY OF AUSTRALIA

____________________

This reprint shows the Act as in force at 3 December 1974.  Any amendments that may come into operation after that date are not included.

____________________

LEGISLATIVE ASSEMBLY (SPEAKER) ACT 1974

An Act relating to the Exercise in certain circumstances of Statutory Powers and Functions of the Speaker

  1. Short title

    This Act may be cited as the Legislative Assembly (Speaker) Act 1974.  (See back note 1)

  2. Speaker to be deemed to continue to be Speaker after resignation

    If the Speaker resigns his office or his seat, he shall, for the purposes of the exercise of any powers or functions by the Speaker, be deemed to continue to be the Speaker (whether or not there is a general election of members of the Legislative Assembly after he so resigns) until another Speaker is chosen by the Legislative Assembly or another member is appointed by the Administrator to exercise the powers and perform the functions of the Speaker.

  3. Chairman of Committees to be deemed to be Speaker in event of death, absence or incapacity of Speaker

    (1)      If –

    (a)the Speaker; or

    (b)a person who, by virtue of section 2, is to be deemed, for the purposes of the exercise of any powers or functions by the Speaker, to continue to be the Speaker,

dies, is absent from the Northern Territory or is incapable by reason of illness from exercising any powers or functions, the Chairman of Committees of the Legislative Assembly shall, for the purposes of the exercise of any powers or functions by the Speaker, be deemed to be the Speaker (whether or not there is a general election of members of the Legislative Assembly after the death or during the absence or incapacity) until another Speaker is chosen, or another member is appointed to exercise the powers and perform the functions of the Speaker or the absence or incapacity terminates, as the case may be.

(2)      For the purposes of subsection (1), where there is no Chairman of Committees, the person who last held office as Chairman of Committees shall be deemed to continue to be the Chairman of Committees until a Chairman of Committees is appointed by the Legislative Assembly.

  1. Speaker to be deemed to continue to be Speaker after general election

    Where there is a general election of members of the Legislative Assembly, the person, if any, who was the Speaker last before the general election shall, for the purposes of the exercise of any powers or functions by the Speaker, be deemed to continue to be the Speaker until a Speaker is chosen by the Legislative Assembly.

  2. Chairman of Committees to be deemed to be Speaker in event of death, absence or incapacity of Speaker after general election

    If, after a general election of members of the Legislative Assembly, the person, if any who was the Speaker last before the general election dies, is absent from the Northern Territory or is incapable by reason of illness of exercising any powers or functions, the person who last held office as Chairman of Committees shall, for the purposes of the exercise of any powers or functions by the Speaker, be deemed to be the Speaker until a Speaker is chosen by the Legislative Assembly or the absence or incapacity terminates, as the case may be.

____________________________

Notes

  1. The Legislative Assembly (Speaker) Act comprises the Legislative Assembly (Speaker) Act 1974, the details of which are specified in the following table:

Act

Number and
year

Date of assent by Administrator

Date of commencement

Legislative Assembly (Speaker) Act 1974

No. 92, 1974

3 Dec 1974

3 Dec 1974

____________________________
__________________

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0