South Australian Consolidated Acts South Australian Consolidated Acts10A—Special provisions as to referendum
(1) Except as provided
in this section—
(a) the
House of Assembly shall not be abolished; and
(b) the
Legislative Council shall not be abolished; and
(c) the
powers of the Legislative Council shall not be altered; and
(d)
sections 8 and 41 of this Act shall not be repealed or amended; and
(e) any
provision of this section shall not be repealed or amended.
(2) A Bill providing
for or effecting—
(a) the
abolition of the House of Assembly; or
(b) the
abolition of the Legislative Council; or
(c) any
alteration of the powers of the Legislative Council; or
(d) the
repeal or amendment of section 8 or section 41 of this Act; or
(e) the
repeal or amendment of any provision of this section,
shall be reserved for the signification of Her Majesty's pleasure thereon, and
shall not be presented to the Governor for Her Majesty's assent until the Bill
has been approved by the electors in accordance with this section.
(3) On a day which
shall be appointed by proclamation, being a day not sooner than two months
after the Bill has passed through both the Houses of Parliament, the Bill
shall, as provided by and in accordance with an Act which must be passed by
Parliament and in force prior to that day, be submitted to the persons whose
names appear as electors on the electoral rolls kept under the Electoral
Act 1929 , as amended, for the election of members of the House of
Assembly.
(4) When the Bill is
so submitted as provided by and in accordance with the Act referred to in
subsection (3) of this section, a vote shall be taken in such manner as
is prescribed by that Act.
(5) If the majority of
the persons voting approve of the Bill, it shall be presented to the Governor
for Her Majesty's assent.
(6) Without
restricting or enlarging the application of this section, this section shall
not apply to any Bill providing for or effecting—
(a) the
repeal; or
(b) the
amendment from time to time; or
(c) the
re-enactment from time to time with or without modification,
of section 11, 12, 16, 17, 18, 19, 20, 20A, 21, 22, 44, 45, 46, 46A, 48,
48A, 49, 50, 51, 52, 53, 54, 54A, 55, 56, 57, 58, 59, 60, 61, 63, 64 or 65 of
this Act as in force immediately after the commencement of the Constitution
Act Amendment Act 1969 , or of any enactment for the time being in force
so far as it relates to the subject matter dealt with in any of those
sections.
(7) Any person
entitled to vote at an election for a member or members of the House of
Assembly or the Legislative Council shall have the right to bring an action in
the Supreme Court for a declaration, injunction or other legal remedy to
enforce any of the provisions of this section either before or after any Bill
referred to in this section is presented to the Governor for Her Majesty's
assent.