AustLII Tasmanian Consolidated Acts

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CONSTITUTION ACT 1934 - SECT 32

32. Office of profit

      (1) Except as otherwise expressly provided, if any Member of either House shall accept any pension payable, out of the Public Account, during the pleasure of the Crown or any office of profit or emolument by the appointment of –

(a) the Governor or the Governor in Council; or

(b) a State instrumentality –

his seat shall thereupon become vacant.

      (2) The provisions of subsection (1) do not apply to a person by reason only that he holds the office of Minister of the Crown or Secretary to Cabinet for this State.

      (3) No judge of the Supreme Court, and no person holding any office of profit or emolument to which the provisions of subsection (1) apply, shall be capable of being elected to, or of holding, a seat in either House.

      (4) In this section –

"Public Account" means the Public Account as defined in the Public Account Act 1986;
"State instrumentality" means a State instrumentality as defined in section 33(6).


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