New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 22G

22G President

(1) There shall be a President of the Legislative Council, who is the Presiding Officer of the Legislative Council and is recognised as its independent and impartial representative.

(2) A person shall be chosen to be President of the Legislative Council:

(a) before the Legislative Council proceeds to the dispatch of any other business at its first meeting following a periodic Council election, and

(b) at any other time when the office of President of the Legislative Council becomes vacant.

(3) The person so chosen shall cease to hold office as President of the Legislative Council immediately before the Legislative Council assembles for the dispatch of business at its first meeting following a periodic Council election, and shall also cease to hold that office:

(a) if he ceases to be a Member of the Legislative Council,

(b) if he is removed from that office by a vote of the Legislative Council, or

(c) if he resigns his office by writing under his hand addressed to the Governor.

(4) Until Standing Rules and Orders of the Legislative Council otherwise provide, the President of the Legislative Council shall be chosen in accordance with the procedure for the time being for choosing the President of the Senate of the Parliament of the Commonwealth.

(5) The President shall preside at all meetings of the Legislative Council except as may be provided by the Standing Rules and Orders of the Legislative Council.

(6) The President or other Member presiding may take part in any debate or discussion which may arise in the Legislative Council.

(7) Subject to subsection (5), during the absence from New South Wales of the President, the Chair of Committees of the Legislative Council shall act in his place and shall, for all purposes, whether of this Act or otherwise, have and may exercise and perform all the powers, authorities, duties and functions of the President.

(8) Whenever a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), the President may notify the Governor of the vacancy.