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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
___________
CONSTITUTION (FIXED TERM PARLIAMENT)
AMENDMENT BILL 2006
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CONTENTS
1. Short Title
2. Commencement
3. Principal Act
4. Section 12 Amended
5. Section 23 Amended (Four Year Parliaments)
CONSTITUTION (FIXED TERM PARLIAMENT)
AMENDMENT BILL 2006
(Brought in by William Edward Felix Hodgman)
A BILL FOR
An Act to fix (except in certain circumstances) the third
Saturday of March every fourth year as the date for the
general election of members of the House of Assembly and
for related matters.
Be it enacted by his Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
Short title
1. This Act may be cited as the Constitution (Fixed Term
Parliament) Amendment Bill 2006.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Constitution Act 1934 is referred to as the
Principal Act.
Section 12 Amended
4. Section 12(2) of the Principal Act is amended by omitting
"or dissolve the Assembly whenever he shall deem it expedient
to do so" and substituting "in accordance with the provisions
contained in s.23 of this Act".
Section 23 Amended (Four Year Parliaments)
5. Section 23 of the Principal Act is repealed and the
following section is substituted:
23. Four Year Parliaments
(1) Subject to this section, a general election of members
of the House of Assembly must be held on the third
Saturday in March in the fourth calendar year after the
calendar year in which the last general election was held.
(2) The Governor must, where a general election is to be
held on a day fixed under this section, dissolve the House of
Assembly and issue a writ or writs for the election at a time
prior to the election that is in accordance with the
requirements of the Electoral Act 2004 for the issue of
writs.
(3) Before the issue of a writ or writs for a general
election under this section, the Governor may defer the day
of the election, by notice published in each of the three
newspapers circulating generally in the State, to a Saturday
not more than 21 days after the day otherwise fixed under
this section, where--
(a) the day fixed under this section for the election
is the Saturday immediately following Good Friday;
or
(b) a general election of members of the
Commonwealth House of Representatives is to be
held in the same month as the election.
(4) A day to which a general election is deferred in
accordance with subsection (3) will be taken to be a day
fixed under this section for the general election.
(5) After the issue of a writ or writs for a general election
under this section, the day of the election may be deferred in
accordance with the provisions of the Electoral Act 2004.
(6) The current Assembly may be dissolved by the
Governor by proclamation, but only in the circumstances
authorised by this section.
(7) The current Assembly may be dissolved if
(a) a motion of no confidence in the Premier and
other Ministers is passed by the current assembly; and
(b) during the period commencing on the passing of
the motion of no confidence and ending 8 clear days
after the passing of the motion, the current Assembly
has not passed a motion of confidence in the Premier
and other Ministers or has not passed a motion of
confidence in a sufficient number of members of the
current Assembly who could form an alternative
government.
(8) Where a motion of no confidence referred to in
subsection (2) (a) is passed, the current Assembly may not
be prorogued before the end of the period referred to in
subsection (2) (b) unless within that period a motion of
confidence in the Premier and other Ministers is passed.
(9) The current Assembly may be dissolved if -
(a) the current Assembly or the Council rejects a
Bill which authorizes the issue and application of any
money from the Consolidated Fund to meet the cost of
the ordinary annual services of the Government; or
(b) the current Assembly or the Council fails to pass
such a Bill before the time the money referred to in
paragraph (a) is required.