CONSTITUTION ACT 1902 - As at 19 February 2024 - Act 32 of 1902
- As at 19 February 2024 - Act 32 of 1902Table of Provisions
PART 1 - PRELIMINARY
PART 2 - POWERS OF THE LEGISLATURE
- 5 General legislative powers
- 5A Disagreement between the two Houses--appropriation for annual services
- 5B Disagreements--referendum
- 5C Words of enactment 6. (Repealed)
- 7 Power to alter constitution of Legislative Council or Legislative Assembly
- 7A Referendum for Bills with respect to Legislative Council and certain other matters
- 7B Referendum for Bills with respect to Legislative Assembly and certain other matters 8. (Repealed)
- 8A Assent to Bills
PART 2A - THE GOVERNOR
- 9 Meaning of "unavailable"
- 9A Appointment of Governor
- 9B Appointment of Lieutenant-Governor and Administrator
- 9C Administration of government by Lieutenant-Governor or Administrator
- 9D Deputy for Governor during short illness or absence
- 9E Oaths or Affirmations of Allegiance and of Office
- 9F Letters Patent and Instructions cease to have effect
- 9G Continuation of existing Commissions, appointments etc
- 9H Public Seal of the State
- 9I Governor's salary
PART 3 - THE LEGISLATIVE COUNCIL AND LEGISLATIVE ASSEMBLY
Division 1 - General provisions
- 10 Time and place for holding sessions of Parliament
- 10A Prorogation of Parliament
- 11 One session of Parliament to be held in each year
- 11A Elections to be held pursuant to writs
- 11B Compulsory voting
- 12 No Member to sit or vote until pledge of loyalty or oath of allegiance taken
- 13 Disqualifications
- 13A Further disqualifications
- 13B Office of profit or pension from Crown
- 13C Member of one House ineligible for other
- 13D Abatement of salary of Members receiving pension or superannuation as public servants
- 14 Summons or election of disqualified persons
- 14A Disclosure of pecuniary interests and other matters by Members
- 15 Standing Rules and Orders to be laid before Governor
Division 2 - Special provisions relating to the Legislative Council
- 16 Definitions
- 17 Reconstitution of the Legislative Council 17A-21. (Repealed)
- 22 Eligibility to vote at periodic Council elections
- 22A Conduct of periodic Council elections
- 22B Term of service of Members of Legislative Council 22C. (Repealed)
- 22D Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses
- 22E Members elected at joint sittings of both Houses of Parliament
- 22F Suspension of Legislative Council business for general election of the Legislative Assembly
- 22G President
- 22H Quorum
- 22I Determination of questions
- 22J Resignation of seats in the Legislative Council
Division 3 - Special provisions relating to the Legislative Assembly
- 23 Convocation of Assembly
- 24 Duration of Assembly
- 24A Date of general election for Legislative Assembly
- 24B Dissolution of Legislative Assembly during 4 year term
- 25 Number of Members of Legislative Assembly
- 26 Single Member electorates
- 27 Distribution of New South Wales into electoral districts
- 28 Number of voters in electoral districts
- 28A Special distribution to maintain equal number of voters in each electoral district
- 29 Conduct of Legislative Assembly elections
- 30 Assembly may proceed to business although writs not exceeding five shall not have been returned
- 31 Speaker
- 31A Acting Speaker
- 31B Manner of election of Speaker
- 32 Quorum and determination of questions
- 33 Resignation of seats in the Assembly 34. (Repealed)
PART 4 - THE EXECUTIVE
Division 1 - Preliminary
- 35 Definitions
- 35A Preservation of certain conventions etc relating to advice to Governor
Division 2 - The Executive Council
- 35B Continuation of Executive Council
- 35C Members of the Executive Council
- 35CA Executive Councillor's pledge of loyalty or oath of allegiance and oath of office
- 35D Meetings of the Executive Council
Division 3 - Appointment of Ministers of the Crown
- 35E Appointment of Ministers 35F. (Repealed)
Division 4 - Functions of Ministers of the Crown
- 36 Authority for Minister of the Crown to act for and on behalf of another Minister of the Crown
- 37 Unavailability of Minister of the Crown
- 37A Provisions ancillary to sections 36 and 37
- 38 Limitation as to exercise of Attorney-General's functions
- 38A Powers of Ministers to speak in Legislative Council
PART 4A - PARLIAMENTARY SECRETARIES
- 38B Appointment of Parliamentary Secretaries
- 38C Functions of Parliamentary Secretary
- 38D How Parliamentary Secretary ceases to hold office
- 38E Restrictions relating to Parliamentary Secretaries
PART 5 - THE CONSOLIDATED FUND
- 39 Consolidated Fund
- 40 Expenses of collection 41-44. (Repealed)
- 45 Appropriation of Consolidated Fund
- 46 Money Bills to be recommended by Governor
PART 6 - OFFICERS AND STAFF
- 47 Appointment of officers
- 47A Employment of staff
- 47B Parliamentary officers and staff
- 48 Absent officers and staff 49. (Repealed)
- 49A Demise of the Crown
PART 7 - ADMINISTRATIVE ARRANGEMENTS
50. (Repealed)- 50A Definitions: Part 7
- 50B Allocation of administration of Acts and other portfolio responsibilities
- 50C Ministers to whom Public Service agencies responsible
- 50D Public Service agencies--creation, abolition and changes
- 50E Change to references in Acts etc to Ministers, Public Service agencies and Public Service employees
- 50F Provisions consequent on administrative changes and other matters
- 50G Publication, commencement and operation of orders
PART 8 - LOCAL GOVERNMENT
- 51 Local government
PART 9 - THE JUDICIARY
- 52 Definition and application
- 53 Removal from judicial office
- 54 Suspension from judicial office
- 55 Retirement
- 56 Abolition of judicial office
PART 10 - PUBLIC OWNERSHIP OF SYDNEY WATER CORPORATION AND HUNTER WATER CORPORATION
- 57 Sydney Water Corporation and Hunter Water Corporation to remain in public ownership FIRST-FIFTH SCHEDULES - (Repealed)
- SCHEDULE 6
- SCHEDULE 7 Schedule 8 (Repealed)