The Constitution Act Amendment Act 1901 (SA)

ANNO YRIMO

EDWARDI V11 RHGIS.

No. 779.

An Act to amend the Constitution.

[Resevvrd, December 2 rst, r 901. ]

E it Enacted by thc Governor, wit.1~ the advice and consent

B of the Parliament of South Australia as foliows :

1, This Act may be cited as " 'l'he ('onstitution Act Amendment Short title and

Act, 1901,'' and shall be incorporated with, and, so far as consistent inco~omtion-

with the tenor thereof, shall bc construed as one with 'l'he C'on-

stitution Act " and " The Electoral Code, 1896," and any Acts

amending the same.

779

2, On the thirty-first day of March, in the year one thousand Dissolutionof present

nine hundred and two, this present Parliament, unless sooner dis- P"r1iament-

solved, or any subsequent Parliament that may be then in existence,

shall expire and determine, and all the Rlcmbers of the Lcgislative

Council and of the Housc of Alssembly shall vacate their seats.

3, The Governor shall ttlereupo~l summon a new Parliament, Newl'srliament to be

and shall cause writs to be issued for the election of Members of the Legislative Council and House of -1sscmbly in accordance with the provisions hereinafter contained.

nine hundred and two, notwithatanding anything to the contrary I'arliament. 4, From the thirty-first day of March, in the year one thousand Futureconstitution of

contained in " The Constitu tioil Act," or the Acts amending the same, the Parliament of South Australia shall be constituted in manner hereinafter provided.

5, The

I " EDWARDI VII, No. 779. - -. - . -- -- P. - - - - - - -p- -

The Constitution Act Amendment A c t. 1 9 0 1.

Legislative Council.	5. The Legislative Council shall consist of eighteen Members.
House of Assembly.	6, The House of Assembly shall consist of forty-two Members.

Council Districts. 7, South Australia, including the Northern Territory, shall be divided fbr electoral purposes into four Council Districts, each dis- tinguished by the names, and returning the number of Members, and conlprising the Assembly Divisions set forth in the Second Schedule.

Assembly Districts. 8, For the purpose of electing Members of the House of

Assembly the State of South Australia, excluding the Northern ~e r r i to r J thereof, shall be divided, in manner hereafter provided, into twelve electoral districts, hereinafter called Assembly Districts, and the Northern Territory shall remain, as heretofore, one electoral district, returning two bIcrnbers to the said House.

Names of Assembly

Districts. 9. The Assembly Districts shall be distinguished by the names,

and shall each return the number of Members and shall comprise

the former Assembly Uistricts, set fbrth in the Third Schedule.

Elect0ra1 divisions

Council Districts.	10, Every Assembly District shall be also an electoral division of' the Council District in which it is situated.
Term of service of
Legislative	11. Subject to the provisions hereinafter contained as to the dissolution of the Leigislative Council, every Member of the said Council, except a Member elected to fill a casual vacancy, shall occupy his seat for the term of six years at least, and for such further period as is provided for in the next succeeding section? save and except that one-half of the Members (to be selected in manner hereinafter mentioned) who are elected at the first election under this Act shall occupy their seats for the term of three years only, and for such furthrr period as is provided for in the next succeeding
CounciUors.
section. The term of service of any Member of the Legislative Council shall be calculated as from the day of his election: Provided, never-
theless, if the seat of any Member of the Legislative Council becomes vacant by death, resignation, or otherwise before the expiration of his term of service, and a Member shall be returned from the Electoral District i11 which the vacancy occnrred, he shall hold office only for the ur~expired term of the Member whose seat has been vacated as aforesaid.

P e ~ ~ ~ a l ~ t ~ e m ~ t

of Legislative

12. Subject to the foregoing provision as to a minimum term of service, whenever the House of Assembly shall be dissolved by the ~ o v e k o r or expire by effluxion of ti'me, three Members f i r the Central District and two Members for each of the other Council Districts shall retire and vacate their seats, and an election to supply the vacancies so created shall take place on the day of the next general election of the House of Assembly.

Councillore.

13. The

I" EDWARDI VII, No. 779. 3

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The Constitution Act Amendment Act.--] 90 1. -

13, The periodical retirement of Members of the 1,egislative Order of retirement.

Council under the provisions of the last preceding section shall be determined as follows :-

I. The Members retiring in each Council District shall be those

who have represented such district for the longest time,

calculated from the date of their last election:

r I. I f two or more Members have represented the same Council District for an equal time, calculated as aforesaid, the order of retirement as between them shall be determined by their position on the poll at their election, and he or they who had the least number of votcs shall retire first. If their position is equal in this respect, thc order of retirement between them shall be determined by lot:

I l r. The Legislative Council shall keep n roll of its Memtms. containing all particulars necessary for the application of the foregoing rules as to their pcriodical retirement.

14, All joint sittings of the Legislative ~ o u a c i l and House of Procedurein case of

Assembly for the purposes of this Act shall be summoned by the ,,,

joint sittings of the

President of the Legislative Council (or, in his absence, by some other Member thereto authorised by the said Council) by not less than seven days' notice to the said Council and to the Housc of Assembly, by a message from thc said President or other Rlcmber to the Speaker of the House of Assembly, and shall be presided over by the said President, or, in his abscnc~, b r the said Speaker or by some other Member chosen by the ~ e l & r r s of both Houses present to preside. The l~rocedure of such joint sittings shall be that of the Legislative Council so far as al)plicahle to thc circumstances.

15, The Legislative Council shall not bc competent to the dispatch Quorum of the Legis-

of business unless there be pl.esent, inclucling the I'resident or the lative Council.

person chosen to preside in his absence, at lcast ten Members of

the said Counc;l.

16, Tk.c IIonse of Assembly shall not he cwnipc.tcnt to thc dispatch Q~larum of the House

of Assembly.

of business uriless them be preseri t, iiiclntling the Speaker or tlic person choscn to prcsidc in his abscncc, at lcast twr.nty Mcmbers of the said House.

17, The Governor shall appoint such lteturning Officcrs, Appointment of Re-

Electoral Registrars, and othcr officers for the clcctoral districts ~ ~ ~ n ~ ~ ~ ~ ~ a n d

and electoral divisions as shall be required by and in conformity

with the provisions of " The Electoral (lode, 1896," and this Act.

the time of the coming into operation of this Act for districts newly electwal rolls. 18, New electoral rolls shall be prepared from the rolls in force at Preparation of new

created, ancl s~ich alterations shall be made in the dectoral rtdls of

districts the boui~dariee of which are altered as the circumstanccs of each case shall, in the discretion of the l<eturning Officer for the State, require; and the Returning Officer for the State is hereby

authorised

I" EDWARDI VII, No. 779.

The Constitution Act Amendment A c t. 1 901.

authorised to make such alterations in Schedule IT. of The Elec- toral C'ode, 1896." as shall in his cliscretion be necessary to carry this Act into effect, and to the extent to which such alterations shall be made the said Schedule shall be considered as repealed or amended by this Act, as the case may be, and all such alterations, on being made by the Returning OfFicer for tlle State and being published in the Govrr?vment Gazette, after having been approved in Executive Councii, shall be as valid in law as if hereby enacted; but in all cases the registration of electors shall be preserved as of the dnte of their registration at the time such alterations are made.

Rolls to come into 19, The rolls as so prepared or altered shall come into force on a

forre bp Proe1am~-

tion.

day to he fixed by the Governor by Proclamation in the Goeernment

Gazette.

ORivers of ~ a r ~ i a - 20, ('The Officers of Parliament Act" shall apply to the dissolu- tion of the 1,egislative Council and House of Assembly by this Act on the thirty.first dav of March, one thousand nine hundred and two, and to any further dissolution of the said Council by virtue of the provisions in that behalf herein contained.

ment Act," to be

applicable.

Absence of Membem

of Parliament from	21, Sections 12 and 25 of " The Constitution Act " are hereby amended by sut~stituting	the words " ant. month" for the words '.two
their places.

consecuti ve months" in each of' these sections.

Reduction of number

22, Notwithstancling anything contained in " The Constitution Act," or in " The Constitution Amendment Act, 1873," the number of Ministers of the C'rown is hervby reducecl to four. And such Ministers shall respectively bear sucl; titles and fill such Ministerial offices as the Governor s h d from time to time appoint; and the total salaries shall not exceed Four Thousand Pounds per annum.

of Ministers.

Repeal.

23, The ,Acts and portions of Acts set forth in the First

Schedule hereto are hereby repealed as from the thirty-first day of

March, one thousand nine hundrd and two.

Settlement of 24, Whmcvt.r any Bill for an .4ct shall have becn passed by the

deadlocks. Housz of Assembly during any Scssion of Parliamtnt, and the same Bill, or a similar gill with-snbktantially thil snmr ob jects and having the same titlr, shall haw been pnsstd by the House of -4sscmbly during the ncxt nsuing Parliament, a g, nrral ( lcction of the House of A ssembly having takcri place b-.twcrn such two Parliaments, the sccond and third r, ading of such Bills having brcn passed in the sccond instance by an absolute majority of the whole number of Members of the said House of Assembly, and both such Bills shall have been rcjrctcd by or fail to bccorr~e law in consrqucnce of any amendments made thcrcin by the Legislative Council, it shall be lawful for but not obligatory upon the Govcrnor of the said State, by Proclamation to be published i n the Gt~mwmert Gazette, to di~solve the Legi~lative Council and House of Assembly, and there- upon all the Members of both Houses of Parliament shall vacate

their

I" EDWARDI VII, No. 779.

The Constitution Act Amendment Act.- 1901. p p - p p

their scats, and Members shall be elected to supply the vacancies so created; or for the Governor to issue wrik for the election of one or not more than two new Members for each district of the Legislative Council. Provided always that no vacancy, whether by death, resignation, or any other cause, shall be filled up while the total number of Members shall be eighteen or more.

Upon every such dissolution of thr Lpgislativr Council thc ordrr of

ret irem~nt as bctwccn the Mcmbcrs elcctecl after such dissolution shall

be as provided in section 13 of this Act.

I reserve this Act for the signification of His Majesty's pleasure.

TENNY SON, G overnor.

SCHEDULES.

I O EDWARDI VII, No. 779.

The Constitution Act Amendment Act.-1 901.

SCHEDULES.

FIRST SCHEDULE.

Acts and parts of Acts Repealed.

Acts. Titles. Extent of Repeal.

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No. 27 of 1872	An Act to define the Electoral Dis- tricts for the election of Members to serve in the Parliament of South Australia.	The whole.
No. 5 of 1873	The Constitution Amendment Act,	Section 2.

1873.

No. 236 of 1881 The Constitution Act Further The whole.

Amendment Act, 1881.

No. 278 of 1882 The Constitution Act Further The whole, except section 8.

Amendment Act, 1882.

No. 667 of 1896 The Electoral Code, 1896. Sections 9 and 10

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SECOND SCHEDULlC.

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l	I
l Number of

Rlembers bsrembly Divisions comprised in

Name of Dist~ i d. to be Council Districts.

Returned.

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Central Electoral District.. .. .. 6 Divisions Nos. 1, 2. R

Southern Electoral District. .. . 4 NOS. 4, 5, 6

North-Eastern Electoral District 1	4	/	$ '	Nos. 7,	R.	9
l
' v

Northern Electoral District.. .. 4 Nos 10, 1 1,12, and IXvision

of Northern Territory

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THIRD

I" EDWAKDI VII, No. 779.

The Constitution Act Amendment Act.-1901.

THIRD SCHEDULE.

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Number of Former Assembly District8

Name of Dietrict. Members to be comprised

Returned. in Assembly Districts.

I East Adelaide

No.	l.-Adelaide	District.	...........	West Adelaide
North Adelaide Port Adelaide

No. 2.-Port Adelaide District	.. .. ..	3	West Torrens
East Torrens

No. 3.-Torrens District ............

Victoria

No. 4.-Victoria and Albert District .. 1 1 [ Alhert Mount Barker

No. 5.- Alexandra District	.. .. .. .. ..	Encounter Bay Noarlunga
Onkaparinga

No. 6.-Murray District ............ I Gumeraclia

/ Barossa

No. 7.-Barossa District ............

No. 8.-Wooroora District	..........	1	l	Wnllaroo
No. 9. -Wallaroo District	..........

l	j	Yorke Peninsula
l
Gladstone

No. 10.-Stanley District ............	3	Stanley
Frome

No. l l .-Burra	Burra Dietrict	.. .. .. ..
[ Burra

No. 12.-Flinders District ............

District Northern Territory. .. .. .. .. .. . ( 2 1 Northern Territory

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Adelaide: By authority, C. E. BRIBTOW, Goyernment Printer, North Terrace