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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Constitution Amendment Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Constitution Act 1902 No 32 2
4 Transitional 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2000
New South Wales
Constitution Amendment Bill 2000
Act No , 2000
An Act to amend the Constitution Act 1902 in relation to the vacation of seats of
Members of Parliament following conviction for certain offences.
Clause 1 Constitution Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Constitution Amendment Act 2000.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Constitution Act 1902 No 32
The Constitution Act 1902 is amended as set out in Schedule 1.
4 Transitional
Section 13A of the Constitution Act 1902, as amended by this Act,
applies in relation to convictions pronounced after the commencement
of this Act for infamous crimes or offences committed whether before
or after that commencement.
Page 2
Constitution Amendment Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 13A Further disqualifications
Insert "and is the subject of the operation of subsection (2)," after "more,"
in section 13A (e).
[2] Section 13A (2)(5)
Insert at the end of section 13A:
(2) For the purposes of subsection (1) (e), a Member is the subject
of the operation of this subsection if:
(a) the Member has not lodged an appeal against the
conviction within the prescribed period, or
(b) the conviction has not been quashed on the
determination of an appeal or appeals lodged within the
prescribed period, or
(c) such an appeal has been lodged within the prescribed
period but has been withdrawn, or has lapsed, without
being determined, and no other appeal lodged within the
prescribed period is pending.
(3) Nothing in this section affects any power that a House has to
expel a Member of the House.
(4) An appeal is taken to have lapsed when a court makes a
declaration to that effect or relevant rules of court treat the
appeal as having lapsed.
(5) In this section:
appeal includes a notice of appeal and an application for leave
to appeal, and any appeal lodged pursuant to such a notice or
pursuant to leave granted on such an application.
prescribed period, in relation to an appeal, means the period
within which the appeal may be lodged, but does not include
any extension of a period which a court may grant.
Page 3
Constitution Amendment Bill 2000
Schedule 1 Amendments
quash a conviction means quash or otherwise set aside the
conviction.
Page 4
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