Constitution Amendment (Governor)
Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Constitution Act 1902 with respect to the
administration of the government of the State during the unavailability of the
Governor or the Lieutenant-Governor.

The amendments generally provide for an assumption of administration of the
government of the State by the Lieutenant-Governor or Administrator when the
Governor is unavailable to carry out his or her duties otherwise than in the
circumstances in which an assumption of administration is currently authorised
(namely, in the event of the assumption of the administration of the government of
the Commonwealth, absence from the State or physical or mental incapacity). An
assumption of administration in the proposed extended circumstances will require
the concurrence of the Premier or another senior Minister who is able to be contacted.

That concurrence (or assumption of administration without concurrence in the
absence of relevant Ministers) will only be authorised if:

(a) the powers or functions of the Governor are required to be exercised or
performed during that unavailability, or

(b) the duration of that unavailability cannot be determined,
and the special circumstances require the assumption of administration.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the
Constitution Act 1902 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced, the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] inserts proposed section 9 into the Principal Act to define
unavailability to include the current grounds of unavailability (transferred from
section 9C) and the proposed ground of being otherwise unavailable to exercise and
perform relevant powers and functions. Schedule 1 [4] amends section 9C to re-state
the circumstances in which the Lieutenant-Governor or Administrator may assume
the administration of government during a vacancy in the office of the Governor or
Lieutenant-Governor or the unavailability (as defined) of the Governor or
Lieutenant-Governor. Assumption of administration on the proposed new ground of
being “otherwise unavailable” is subject to the restrictions outlined in the Overview
of the Bill. Schedule 1 [2], [3], [5], [6], [7] and [8] make consequential amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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