New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
CONSTITUTION (LEGISLATIVE COUNCIL) FURTHER
AMENDMENT BILL 1991 (No. 2) *
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill
as introduced into Parliament)
The objects of this Bill are:
(a) to provide that the President of the Legislative Council is to be elected after
each general election; and
(b) to provide for a determination by lot in the case of a tied vote in an election of
President of the Legislative Council; and
(c) to give the Resident of the Legislative Council and the Chairman of
Committees a deliberative vote (but not a casting vote) on any question before
the Council or the Committee of the Whole House; and
(d) to change the quorum for meetings of the Legislative Council from 12
Members to 8 Members.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act commences on the day after the date of
assent to the proposed Act. The commencement of the proposed Act is so delayed
because the Legislative Council may be sitting cm the date of assent.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Constitution Act 1902.
Clause 4 repeals the existing provisions relating to the election of the President of
the Legislative Council in the Constitution and Parliamentary Electorates and Elections
(Amendment) Act 1978. The opportunity has been taken to repeal a related transitional
provision concerning the procedure of the Legislative Council that is now dealt with in
the Standing Rules and Orders of the Council.
Clause 5 contains transitional provisions. Clause 5 (1) makes it clear that the next
proposal ordinary vacation of office of the President will not occur until after the next
general election. Clause 5 (2) revokes any existing Standing Rule or Order that is
inconsistent with the amendments.
* Amended in committee--see table at end of volume.
Act No. 61
Constitution (Legislative Council) Further Amendment 1991 (No. 2 )
SCHEDULE 1--AMENDMENT OF CONSTITUTION ACT 1902
Schedule 1 (1) (a) and (b) provide that the office of Resident of the Legislative
Council is vacated immediately before the Legislative Council meets for the first time
after a general election. The Resident is to be chosen at that first meeting. Currently, the
President continues in office until removed by the Legislative Council or he or she
ceases to be a Member. The amendment brings the election of the President of the
Legislative Council into line with the election of the Speaker of the Legislative
Assembly and the President of the Senate.
Schedule 1 (1) (c) requires the President of the Legislative Council to be elected in
accordance with the procedure for electing the Resident of the Senate until Standing
Rules and Orders are made by the Legislative Council. At present, the procedure
contained in Schedule 4 to the Constitution and Parliamentary Electorates and Elections
(Amendment) Act 1978 requires a majority of Members to vote in favour of a candidate
for election. The Senate procedure that is to be adopted provides for a determination by
lot in the case of a tied vote.
Schedule 1 (2) provides that the quorum for meetings of the Legislative Council is 8
Members. Currently, 12 Members constitute a quorum.
Schedule 1 (3) alters the voting rights of the President and the Chairman of
Committees of the Legislative Council. Currently, the Resident and Chairman of
Committees do not have a deliberative vote but, in the event of the votes being equal,
they have a casting vote. The amendment gives the President and the Chairman of
Committees a deliberative vote (but not a casting vote) on any question before the
Council or the Committee of the Whole House. The Resident and the Chairman of
Committees will thus have the same voting rights as the Resident and Chairman of
Committees of the Senate.