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CONSTITUTION ACT 1902 - As at 19 February 2024 - Act 32 of 1902

- As at 19 February 2024 - Act 32 of 1902

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Recognition of Aboriginal people
  • 3 Interpretation
  • 4 Application of Act

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 (Repealed)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 (Repealed)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 (Repealed)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)

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