New South Wales Consolidated Acts

CONSTITUTION ACT 1902 - SECT 9B

9B Appointment of Lieutenant-Governor and Administrator

(1) There shall continue to be:

(a) a Lieutenant-Governor of the State, and

(b) an Administrator of the State.

(2) The appointment of a person to the office of Lieutenant-Governor shall be during Her Majesty’s pleasure by Commission under Her Majesty’s Sign Manual and the Public Seal of the State.

(3) The Administrator shall be:

(a) the Chief Justice of the Supreme Court, or

(b) if the Chief Justice is the Lieutenant-Governor or if there is a vacancy in the office of Chief Justice or the Chief Justice is unavailable-the next most senior Judge of the Supreme Court who is for the time being available,

and shall be deemed to have been appointed as Administrator during Her Majesty’s pleasure.

(4) A person may be appointed as Administrator during Her Majesty’s pleasure by Commission under Her Majesty’s Sign Manual and the Public Seal of the State and, where such an Administrator has been appointed and is available, subsection (3) does not apply.

(5) The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State or act as deputy to the Governor unless the Lieutenant-Governor or Administrator, as the case may be, has taken on that occasion, or has previously taken, the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court.