New South Wales Consolidated Acts
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CONSTITUTION ACT 1902 - SECT 24B
Dissolution of Legislative Assembly during 4 year term
24B Dissolution of Legislative Assembly during 4 year term
(1) The Legislative Assembly may be dissolved by the Governor by proclamation,
but only in the circumstances authorised by this section.
(2) The Legislative
Assembly may be dissolved if:
(a) a motion of no confidence in the Government
is passed by the Legislative Assembly (being a motion of which not less than 3
clear days’ notice has been given in the Legislative Assembly), and
during the period commencing on the passage of the motion of no confidence and
ending 8 clear days thereafter, the Legislative Assembly has not passed a
motion of confidence in the then Government. After the motion of no confidence
is passed, the Legislative Assembly may not be prorogued before the end of
that 8-day period and may not be adjourned for a period extending beyond that
8-day period, unless the motion of confidence has been passed.
Legislative Assembly may be dissolved if it:
(a) rejects a Bill which
appropriates revenue or moneys for the ordinary annual services of the
(b) fails to pass such a Bill before the time that the
Governor considers that the appropriation is required. This subsection does
not apply to a Bill which appropriates revenue or moneys for the Legislature
(4) The Legislative Assembly may be dissolved within 2 months before
the Assembly is due to expire if the general election would otherwise be
required to be held during the same period as a Commonwealth election, during
a holiday period or at any other inconvenient time.
(5) This section does not
prevent the Governor from dissolving the Legislative Assembly in circumstances
other than those specified in subsections (2)-(4), despite any advice of the
Premier or Executive Council, if the Governor could do so in accordance with
established constitutional conventions.
(6) When deciding whether the
Legislative Assembly should be dissolved in accordance with this section, the
Governor is to consider whether a viable alternative Government can be formed
without a dissolution and, in so doing, is to have regard to any motion passed
by the Legislative Assembly expressing confidence in an alternative Government
in which a named person would be Premier.
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