The Constitution Amendment Act 1908 (SA)

ANNO OCTAVO

EDWARDI V11 REGIS.

A. D. 1908.

No. 959.

An Act to amend the Constitution.

[Assented to, December znd, 1908.1

it Enacted by the Governor of the State of South Australia,

follows:

B" with the advice and consent of the Parliament thereof, as

1, This Act may be cited as " The Constitution Amendment Act, Short title and

1908," and shall be incorporated with, and, so far as consistent with incorporation.

the tenor thereof, shall be construed as one with " The Constitution Act of isa5-s, Act 759/1901, S. 1.

Act " and " The Electoral Code, 2896," and any Acts amending or Act 667 of 1896.

substituted for the same.

2. Section 22 of " The Constitution Act," and the whole of " The Repeal.

Constitution Act Amendment Act, 190 1," are hereby repealed. A C ~ 779 of 1901.

3, From and after the passing of this Act, notwithstanding any- Puturecoostitutionof

thing to the contrary contained in " The Constitution Act," or the constituted in manner hereinafter provided.

4. Subject to the provisions of section 21, the Legislat,ive Council Legislative Council. Ibid., 8. 6.

shall consist of eighteen Members.

5, The House of Assembly shall consist of forty-two Members. House of Assembly. Ibid., S. 6.

6. South Australia, including the Northern Territory, shall be council Districts.

divided for electoral purposes into four Council Districts, each dis- Ibid.,	7.
tinguished by the names, and returning the number of Members,

969 and

8" EDWARDI VII, No. 959.

The Constitution Amendment Act .1908.

and comprising the Assembly Divisions set forth in the First Schedule. The district named "Midland Electoral District" in such Schedule is the district heretofore named " North-Eas tern Electoral District," and the Members representing the district in the Legislative Council immediately before thc passing of this Act shall continue to be the Members for the district as if its name had not been changed.

Assembly Districts.	7. For the purpose of electing Members of the House of Assembly the State of South Australia, excluding the Northern Territory thereof, shall be divided, in manner hereinafter provided, into twelve electoral districts, hereinafter called Assembly Districts, and the Northern Territory shall remain, as heretofore, one electoral
Ibid., 8. 8.

, district, returning two Members to the said House.

Namesof Assembly

Districts. 8. The Assembly Districts shall be distinguished by the names,

Ibid., 8. 9.

and shall each return the number of Members, and shall comprise

the former Assembly Districts set forth in the Second Schedule.

Electoral divisions oi

Council Districts. 9. Every Assembly District shall be also an electoral division

of the Council District in which it is situated.

Ibid., S. 10.

Term of service of 10,

Subject to the provisions hereinafter contained as to the dis- except a Mcmber elected to fill a casual vacancy, shall occupy his seat for the term of six years at least, calcillated as from the first day of March of the year in which he was last elected, and for such further period as is provided for in thc next succeeding section. Provided nevertlieless, 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 is returncd from the Electoral District in which the vacancy occurred, he shall hold office only for the unexpired term of the Member whose seat has been vacated as aforesnict, and shall, for the purpose of retire-

Legislative

Councillors.

solution of the Legislative Council, every Membx of the said Council,

Ibid., a. 11, altered.

ment, be deemed to have been elected at the time when such last- mentioned Member was or was deemed to be elected: Provided also

that where two or more Members are so returned at the same time to fill vacated seats of unequal terms such seats shall be deemed to be held by the said Members according to their position on the poll

at their election, and that he who receives the greatest number of

votes shall hold the seat which has the longest term to run, and in

the event of a tie the matter shall be determined by lot.

Periodicalretirement

11, Whenever the House of Assembly is dissolved by the Legislative Council, not exceeding three for the Central District and two for each of the other IXstricts, as have completed the mini- mum term of service provided by section 10 shall retire and vacate their eeats, and, subject to section 21, an election to supply the vacancies so created shall take place on the day of the next general election of the House of Assembly.

of Legislative

Councillore.

Governor, or expires by effluxion of time, so many Members of the

Ibid., 12, alterea.

12, The

8' EDWARDI VII, No. 959.

The Constitution Amendment Act .-l 908.

12. The periodical retirement of Members of the 1,egislative Orderof retirement.

13, altered.

~ o u n c i l under the provisions of the last preceding scction shall be ibid.,

determined as follows :-

I, The Members retiring in each Council 1)istrict shall be those

who have represented such district for the longest time,

calculated from the date of their last election:

1 r. If	two or more Members h a w represented the same Council Ilistrict for an equal time, calculated as aforesaid, the order
of retirement as between them shall be determined by their
position on the poll a t their election, and he or they who had the least number of votcs shall retire first. If their position is equal in this respect, or if 110 poll was taken, the order of retirement between them shall be determined by lot:

Irr. The Legislative Council shall keep a roll of its Members,

contining all particdars necessary for the application of

the foregoing rules as to their periodical retirement.

13, The Legislative Council shall not be competent to proceed Quorumof the Legis- lative Council.

with the dispatch of business unless there are present, including the

President or the person chosen to preside in his absince, at least ten Ibid., S. 15, altered.

Members of the said Council.

14. The House of hssemblv shall not be competent to proceed ,aE"z:$:.he House

with the dispatch of business uhlcss there are present: including the

Speaker or the person chosen to preside in his absence, a t lcast Ibid., E. 16, altered.

twenty Members of the said Honse.

15. Subject to being sooner dissolved, and notwithstanding the Contirl~ationor earb

determination of

limit of time prescribed by section 3 of " 'l'hc Constitution -4ct "-- House of Assembly.

(l) Whenever any House of Assembly would expire by the New.

efflusion of time between the thirtieth day of September

of any year and the first day of March nest thereafter	such House sllall continue up to and including the day
preceding such first day of March and no longer:

(2) Whenever the said House would expire by effluxion of time between the last day of February and the first day of

October of ally year such House shall ccase and detcrmine	I
on the day preceding the first day of March of that year.

16. 'l'he Governor shall appoint such Returning Officers, Electoral *ppointment of Re-

Registrars, and other officers for the electoral districts allcl electoral other ,fiCial8. turning Officers and

divisions as are required by and in conformity with the provisions Ibid., B. 1.1.

of " The Electoral Code, 1896," and any Act amellding the said ~ c t 667 of 1896.

Code or of any Act substituted therefor, and this Act.

'17. The electoral rolls now in force by virtue of sections 18 and New

19 of '' The Constitution Act Amendment Act, 1901," for districts Ibid., B. 18, altered.

newly Act 779 of 1901.

8" EDWARDI VII, No. 959.

The Constitution Amendment Act .-l 908.

newly created thereunder and the alterations made in the electoral rolls of districts the boundaries of which were altered by or pursuant to the said Act, are hereby continued, and the Returning Officer for the State is hereby authorised to make such alterations in Schedule 11. of "The Electoral Code, 1396," and in any Schedule substi- tuted therefor by any Act amending or substituted for the said Code, as shall in his discretion be necessary to carry this Act into effect; and to the extent to which such alterations are made the said Schedule and such substituted Schedule (if any) shall be deemed to be repealed or amended by this Act, as the case may be; and all such alterations, on being made by the Returning Officer for the State, and being published in the Governme~tt Gazette, af ter having been approved by the Governor, shall be as valid in law as if herein enacted, but in all cases the registration of electors shall be preserved as of the dat,e of their registration at the time such alterations are or were made.

4cOfficers of Parlta-

mmt Act " to Fe 18, " The Officers of Parliament Act " shall apply to any future

applicable.	dissolution of the Legislative Council by virtue of the provisions in
Ibid., 8. 20, altered.	that behalf herein contained.
Absence of Members

of Parliament from 19, Sections 12 and 25 of " The Constitution Act " are lweby

their places.	amended by substituting the words "one month " for the words "two
Ibid., 8. 21.	consecutive months " in each.
Number OE	20, The number of Ministers of the Crown shall not exceed shall respectively bear such titles and fill such ministerial offices as the Governor from time to time appoints, and not more than four of such Ministers shall at any one time be Members of the House of Assembly. The total salaries to bc paid to such Ministers shall not exceed Five Thousand Pounds per annum.
Ministers.	six, one of whom shall be an honorary Minister. Such Ministers
Ibid., 8. 22, altered.

Settlement of 21. (1) Whenever any Bill for an Act has beeu passed by the

deadlocks.

lbid., 8. 24, altered.	House of Assembly during any Session of Parliament, and the same Bill, or a similar Bill with substantially the same objects and having the same title, has been passed by the House of Assembly during the next ensuing Parliament, a geueral election of the House oi Assemblv having taken place between such two Parliaments, and the second and third readillgs of such Bill having been passed in the second instance by an absolute majority of the whole number of Members of the said House of Assembly, and both such Bills have been rejected by or fail to become law in consequencc of any
amendments made therein by the Legislative Council, it shall b i
lawful for but not obligatory upon the Gove~mor of the said State, within six months after the last rejection or failure, by Proclamation to be published in the Government Gazette, to dissolve the Legis- lative Council and House of Assembly, and thereupon all the Members of both Houses of Parliament shall vacate their seats, and Members shall be elected to supply the vacancies so created; or for the Governor, within six months after such rejection or failure,

t 0

8" EDWARDI 1 No. 959.

The Constitution, Amendmerzt Act.-1908.

to issue writs for the election of three additional Members for the Central District and of two additional Members for each of the other districts of the Legislative Council.

(2) After the issue of such wiits no vacancy, whether arising before or after the issue thereof, shall be filled, except as may be necessary to bring the representation of the district in which such vacancy occurs to its proper number, as set forth in First Schedule hereto. Whene~er there are more seats vacated by Members returned for the same district than are to be filled, and such Members' seats were of unequal tenure, the seats of those Members the unexpired portions of whose terms are the shorter shall be first filled.

(3) Upon every such dissolution of the Legislative Council the order or retirement, as between the Members elected after such dissolu- tion, shall be as provided in section 12 of this Act; and one half of such Members shall retire after three years' service, calculated from the first day of March of the year of their election, or after such further period as is provided for in section 11.

22. (1) Whenever a casual vacancy occul-S in the Legislative Concurrent writs of

Council at or near the time when the Governor is issuing, or is President. Governor and

h.OH.

about to issue, a writ or writs for periodical or other elections of dent shall in his writ for filling the same fix, if practicable, the same days for nomination and polling respectively as are fixed by the Governor in the writ or writs issued by him.

(2) 'l'he elections so ordered for the same day shall in each district be conducted as a single election for all the Members to be so elected therein, one and the same form of voting paper being used for all voters; and the Returning Officer shall indorse upon the writ issued by the Governor the names of the elected candidates who, being the number therein required, polled the most votes, and the names of the remaining elected candidate or candidates he shall

indorse upon the writ issued by the President of the Council. In

the event of two or more elected candidates polling an equal number of votes the Returning Officer shall, by drawing lots, decide which of such candidates is to be deemed, for the purpose of this section, to have polled the greatest number and which the next to the greatest number, and so on as the case may require.

23. (1) No Member of Parliament shall be permitted to sit or oath of allegiance.

vote therein until he has taken and subscribed the following oath Act 2, i w - 6, .. 22.

before the Governor, or before some person or persons authorised

by the Governor to administer such oath :-

"I do sincerely promise and swear that I will be faithful and

bear true allegiance to His Majesty King EDWARD THE

SEVENTH as lawful Sovereign of the United Kingdom of

Great Britain and Ireland, and of this State of South Australia

and it S Dependencies in the Commonwealth of Australia,

dependent

8" EDWARDI VfI, No. 959.

The Cmstitutwn Arnendrnelzt A c t. 1 9 0 8.

dependent on and belonging to the said United Kingdom; and that I will defend him to the utmost of my power against all traitorous conspiracies and attempts whatsoever which shall

he made against His person, crown, and dignity; and that I

will do my uttnost endeavor to disclose and make known to His Majesty, His heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against Him, or any of them: and all this I do swear without any equivocation, mental evasion, or secret reservn- tion, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. So HELP

M E GOD ! "

(2) I t shall not be necessary for any Member of Parliament who has taken the oath prescribed herein to again take the said oath in the event of the demise of the Crown; such oath shall be deemed to relate to the Sovereign, His heiis, and successors according to law, and the name of the Sovereign for the time being shall be substi- tuted as occasion requires.

A C ~ 671 of 1896. (8) Nothing in this section shall be deemed to affect the operation

of The Aftirm:~tions Act, 1896."

Resignation of Mem- 24, Sections 11 and 23 of the Constitution Act are hereby so far

Amendment of aecs. amended as to permit Members of either Housc to resign their seats,	bere
tution Act 20f 1865.6. Governor, whenever i t happens that there is no President or 11 and 23 of Consti- by writing under their hands addressrd and delivered to the
New. Speaker, as the case may be, or that the President or the Speaker is absent from the State or is incapacitated from performing the dut,ies of his office.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

SCHEDULES.

8" EDWARDI VII, No. 959. W

_C__

The Constitution - Amendment Act,--1908.

SCHEDULES.

FIRST SCHEDULE. Section 6.

-

Act 779, 1961.

Number of Sched. 2.

Memlms Assembly Divisions comprieed in

Name of District. to be Council Districts.

Returned.

- -- --

Central Electoral District. ..... 6 Divisions -Adelaide, Port Adelaide, , 1 . omens.

( 6 Victoria and Albert,

Southern Electoral District.. .. 4

Alexandra, Murray.

L < Barossa, Wooroora, M'nl-

Midland Electoral District .... 4

laroo.

Northern Electoral District. .. . 4 (( Stanley, Burra Burra, Flinders, and Nor-

I - - t hern Territory.

SECOND SCHEDULE. Section 8.

-

Ibid., Sched. 3.

Numher of Former Assembly Districts

Name of District. Members to be comprised

Returned. in Assembly Districts.

I East Adelaide	North Adelaide
Port Adelaide

Adelaide District.. .................. 4 West Adelaide

Port Adelaide District. ...............

West Torrens East Torrens

Torrens District ....................

Victoria

Victoria and Albert District .......... 3 ( Albert

I Mount Barker	Noarlunga
Onkparinga

Alexandra District .................. Encounter Bay

Murray District ! 3

....................

Cfumeracha

I Barossa

Barossa District .................... 1 3 1 ( Ynialn SECOND

8" EDWARDI VII, No. 959.

The Cmtdccth Amendment Act.-1908.

-- p--

SECOND SCHEDULE-continzred.

Number of Former Assembly Districts

Name of District. Members to be comprised

Returned. in Assembly Districts.

Wooroora Cistrict .................. 3 ( %!toora

Wallaroo

TVallaroo District. ...................

Yorke Peninsula

Gladstone

Stanley District .................... ( stsnley

Burra Burra District ................

I Newcastle

Flinders District .................... 3 Flinders

District Northern Territory. ........... 2 Northern Territory

-

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Adelaide : By authority, C, E. Bnrsrow, Uovernment Printer, North Terrace.