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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975 3
3. Term of Houses to be 4 year fixed period 3
4. Duration of the Council 4
5. Appropriation Bills 4
6. Annual Appropriation Bills 5
7. Repeal of provisions relating to Bills of special importance 6
PART 3--AMENDMENT OF THE CONSTITUTION ACT
AMENDMENT ACT 1958 8
8. Amendment of sections 3 and 37 8
9. Amendment of sections 148P, 149 and 153 8
10. Section 155 repealed 9
11. Amendment of section 159 9
12. Amendment of section 159B 9
13. Amendment of section 164 9
14. Amendment of section 187A 9
15. Amendment of section 208 10
16. New section 208AB inserted 10
208AB. Procedure to ascertain votes where 2 members to be
elected 10
17. Amendment of The Constitution Act Amendment Act 1958 13
PART 4--AMENDMENT OF OTHER ACTS 14
18. Amendment of the Electoral Boundaries Commission Act
1982 14
19. Amendment of the Parliamentary Committees Act 1968 14
20. Amendment of the Parliamentary Salaries and
Superannuation Act 1968 15
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Clause Page
NOTES 16
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 May 2000
A BILL
to amend the Constitution Act 1975 by making provision for the
passage of an Annual Appropriation Bill and other powers of the
Houses of the Parliament and the duration of the Houses of
Parliament, to amend The Constitution Act Amendment Act 1958,
the Electoral Boundaries Commission Act 1982, the Parliamentary
Committees Act 1968 and the Parliamentary Salaries and
Superannuation Act 1968 and for other purposes.
Constitution (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to reform the
Constitution Act 1975 by providing for--
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Constitution (Amendment) Act 2000
s. 2
Act No.
(a) fixed 4 year terms for both the Legislative
Assembly and the Legislative Council;
(b) the passage of an Annual Appropriation Bill
and with respect to other powers of the
5 Houses of Parliament.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
10 (2) Sections 3(2), 4 to 7, Part 3 and sections 19 and
20 come into operation on the day of the
dissolution or other lawful determination of the
Legislative Assembly next occurring after the day
on which this Act receives the Royal Assent.
15 (3) Section 3(1) and (3) to (6) come into operation on
the coming into existence of the Legislative
Assembly first elected after this Act receives the
Royal Assent.
(4) Section 18 comes into operation on the coming
20 into existence of the Legislative Council first
elected after this Act receives the Royal Assent.
_______________
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Constitution (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENT OF THE CONSTITUTION ACT 1975
3. Term of Houses to be 4 year fixed period
(1) Sections 2(4), 2(5), 4(1) and 4(2) of the
Constitution Act 1975 are repealed.
5 (2) In section 5 of the Constitution Act 1975--
(a) in the definition of "general election" after
"members of the" insert "Council and";
(b) the definition of "periodical election" is
repealed.
10 (3) For sections 8(3) to 8(6) of the Constitution Act
1975 substitute--
"(3) On and from the coming into existence of the
Assembly first elected after the Constitution
(Amendment) Act 2000 receives the Royal
15 Assent, the Governor may not dissolve the
Assembly unless the Assembly has passed a
resolution expressing a lack of confidence in
the Premier and the other Ministers of State
for the State of Victoria.".
20 (4) In section 24(5) of the Constitution Act 1975--
(a) for "either House" substitute "the
Assembly"; and
(b) for "that House" (where first occurring)
substitute "a House".
25 (5) In section 24(6) of the Constitution Act 1975--
(a) for "either House" substitute "the
Assembly"; and
(b) for "that House" (where first occurring)
substitute "a House".
30 (6) In section 38(2) of the Constitution Act 1975
omit "its first meeting after".
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Constitution (Amendment) Act 2000
s. 4
Act No.
4. Duration of the Council
(1) Section 28 of the Constitution Act 1975 is
repealed.
(2) After section 30 of the Constitution Act 1975
5 insert--
"Subdivision (1A)--Duration of the Council
30A. Duration of Council
(1) The Council which is in existence
immediately before the commencement of
10 section 4 of the Constitution (Amendment)
Act 2000 ceases to exist on that
commencement.
(2) The Council (other than the Council to
which sub-section (1) applies) shall exist and
15 continue after a general election until the
dissolution or other lawful determination of
the Assembly.".
5. Appropriation Bills
For section 62 of the Constitution Act 1975
20 substitute--
"62. Appropriation Bills
(1) A Bill for appropriating any part of the
Consolidated Fund or for imposing any duty,
rate, tax, rent, return or impost must
25 originate in the Assembly.
(2) Subject to section 65, a Bill for appropriating
any part of the Consolidated Fund or for
imposing any duty, rate, tax, rent, return or
impost may be rejected but not altered by the
30 Council.".
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Constitution (Amendment) Act 2000
s. 6
Act No.
6. Annual Appropriation Bills
For section 65 of the Constitution Act 1975
substitute--
'65. Annual Appropriation Bills
5 (1) In this section "Annual Appropriation
Bill" means a Bill which deals only with the
annual appropriation of the Consolidated
Fund for the ordinary annual services of the
Government for a particular year only but
10 does not include a Bill to appropriate money
for appropriations for or relating to the
Parliament.
(2) For the purposes of sub-section (1),
"ordinary annual services" includes--
15 (a) the construction or acquisition of public
works, land or buildings; and
(b) the construction or acquisition of plant
or equipment which normally would be
regarded as involving an expenditure of
20 capital; and
(c) services proposed to be provided by the
Government which have not formerly
been provided by the Government.
(3) An Annual Appropriation Bill must deal
25 only with appropriation.
(4) After the second reading of an Annual
Appropriation Bill has been moved, there
must be tabled in the Assembly a certificate
signed by the Auditor-General stating that
30 the Bill is an Annual Appropriation Bill.
(5) If an Annual Appropriation Bill is passed by
the Assembly and, within 1 month of its
passing by the Assembly--
(a) the Council rejects or fails to pass it; or
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Constitution (Amendment) Act 2000
s. 6
7
Act No.
(b) returns it to the Assembly with a
message suggesting any amendment to
which the Assembly does not agree--
the Annual Appropriation Bill, with any
5 amendment suggested by the Council and
agreed to by the Assembly, must be
presented to the Governor for Her Majesty's
Assent and becomes an Act of the Parliament
on the Royal Assent being signified
10 notwithstanding that the Council has not
passed the Bill.
(6) The words of enactment for an Annual
Appropriation Bill that is to be presented to
the Governor for Her Majesty's Assent under
15 sub-section (5) are to be altered to "Her
Majesty and the Legislative Assembly in
accordance with section 65(5) of the
Constitution Act 1975 enact as follows:".
(7) There is to be endorsed on the Annual
20 Appropriation Bill when it is presented to the
Governor for Her Majesty's Assent under
sub-section (5) the certificate of the Speaker
signed by the Speaker that the Bill is a Bill
to which section 65(5) applies and has been
25 passed in accordance with section 65(5).
(8) The certificate of the Speaker under this
section is conclusive evidence for all
purposes and cannot be questioned in any
court.
30 (9) The alteration of an Annual Appropriation
Bill to give effect to sub-section (6) is not to
be taken to be an amendment of the Bill.'.
7. Repeal of provisions relating to Bills of special
importance
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Constitution (Amendment) Act 2000
Act No.
Sections 66, 67 and 68(5) of the Constitution Act
1975 are repealed.
_______________
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Constitution (Amendment) Act 2000
s. 8
Act No.
PART 3--AMENDMENT OF THE CONSTITUTION ACT
AMENDMENT ACT 1958
8. Amendment of sections 3 and 37
(1) In section 3(1) of The Constitution Act
5 Amendment Act 1958--
(a) in the definition of "general election" after
"members of the" insert "Council and";
(b) omit the definition of "periodical election";
(c) omit the definition of "simultaneous
10 election".
(2) In section 37(1) of The Constitution Act
Amendment Act 1958, in the definition of
"election" for "or" substitute "and".
9. Amendment of sections 148P, 149 and 153
15 (1) In section 148P(2) of The Constitution Act
Amendment Act 1958 for "periodical election of
members of the Council or general election of
members of the Assembly whichever next first
occurs" substitute "next general election".
20 (2) For sections 149(1) and 149(2) of The
Constitution Act Amendment Act 1958
substitute--
"(1) Writs for a general election of members of
the Council and the Assembly must be
25 issued by the Governor within 7 days after
the expiration or dissolution of the
Assembly.".
(3) For section 153(2) of The Constitution Act
Amendment Act 1958 substitute--
30 "(2) In the case of a general election, the
Governor must appoint the same day of
nomination and the same day of polling for
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Constitution (Amendment) Act 2000
s. 10
Act No.
the election of members of the Assembly and
members of the Council.".
10. Section 155 repealed
Section 155 of The Constitution Act
5 Amendment Act 1958 is repealed.
11. Amendment of section 159
In section 159(1) of The Constitution Act
Amendment Act 1958 in paragraphs (a) and (b)
after "candidate" (wherever occurring) insert "or
10 each candidate".
12. Amendment of section 159B
(1) In section 159B(1) of The Constitution Act
Amendment Act 1958 after "by that party" insert
"in the case of an election for the Assembly, or the
15 names of up to 2 candidates endorsed by that party
in the case of an election for the Council".
(2) In section 159B(2) of The Constitution Act
Amendment Act 1958 after "candidate" insert
"or candidates".
20 13. Amendment of section 164
In section 164(5) of The Constitution Act
Amendment Act 1958 before "polling day"
insert "end of the".
14. Amendment of section 187A
25 In section 187A(1) of The Constitution Act
Amendment Act 1958, for "simultaneous"
substitute "general".
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Constitution (Amendment) Act 2000
s. 15
Act No.
15. Amendment of section 208
In section 208 of The Constitution Act
Amendment Act 1958 before sub-section (1)
insert--
5 "(1A) This section applies in respect of an election
at which one member is to be elected.".
16. New section 208AB inserted
After section 208A of The Constitution Act
Amendment Act 1958 insert--
10 '208AB. Procedure to ascertain votes where
2 members to be elected
(1) This section applies in respect of an election
at which 2 members are to be elected.
(2) In this section--
15 "absolute majority of votes" has the same
meaning as in section 208;
"continuing candidate" means a candidate
not already elected or excluded from
the count.
20 (3) The first vacancy is to be filled in the
manner specified in section 208 for
determining the result where one member is
to be elected and there are more than 2
candidates.
25 (4) For the purposes of sub-section (3), a
reference in section 208 to a "defeated
candidate" or a "non-defeated candidate" is
to be construed as a reference to an
"excluded candidate" or a "continuing
30 candidate" as the case may be.
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Constitution (Amendment) Act 2000
s. 16
Act No.
(5) The second vacancy is to be filled as
follows--
(a) the returning officer with the assistance
of such officers as the returning officer
5 deems necessary and in the presence
and subject to the inspection of such of
the scrutineers as choose to be present
and the poll clerk (if any) but of no
other person, must--
10 (i) re-arrange all the ballot-papers
(other than the ballot-papers
which are rejected) under the
names of the respective candidates
for which a first preference is
15 indicated; and
(ii) place the ballot-papers on which a
first preference is indicated for the
elected candidate in the parcel of
the continuing candidate next in
20 order of the voter's preference;
and
(iii) determine the total number of
votes given to each continuing
candidate;
25 (b) the candidate who has received the
greatest number of votes if that number
constitutes an absolute majority of
votes is to be declared duly elected by
the returning officer;
30 (c) if no candidate has an absolute majority
of votes the returning officer must--
(i) declare the candidate who has
received the fewest votes an
excluded candidate; and
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Constitution (Amendment) Act 2000
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Act No.
(ii) distribute the ballot-papers
counted to the excluded candidate
amongst the continuing candidates
next in order of the voters'
5 preference; and
(iii) determine the total number of
votes given to each continuing
candidate;
(d) the candidate who then has received the
10 greatest number of votes if that number
constitutes an absolute majority of
votes is to be declared duly elected by
the returning officer;
(e) if no candidate then has an absolute
15 majority of votes the process of
declaring the candidate who has the
fewest votes an excluded candidate and
distributing the ballot-papers counted to
the excluded candidate amongst the
20 continuing candidates next in order of
the voters' preference is to be repeated
until one candidate has received an
absolute majority of votes and is
declared elected by the returning
25 officer.
(6) If on any count 2 or more candidates have an
equal number of votes and one of them has
to be declared an excluded candidate, the
returning officer must decide which is to be
30 declared an excluded candidate.
(7) If on the final count 2 candidates have
received an equal number of votes,
section 208B applies.'.
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Constitution (Amendment) Act 2000
s. 17
Act No.
17. Amendment of The Constitution Act Amendment Act
1958
(1) In section 212(3) of The Constitution Act
Amendment Act 1958 for "for one year"
5 substitute "until the next dissolution or other
lawful determination of the Assembly".
(2) In The Constitution Act Amendment Act
1958--
(a) in section 238A(1) for "simultaneous"
10 substitute "general";
(b) in section 268, in the definition of "election"
for "simultaneous" substitute "general";
(c) in section 306A for "simultaneous"
(wherever occurring) substitute "general";
15 (d) in section 311(1A) for "simultaneous"
(wherever occurring) substitute "general".
_______________
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Constitution (Amendment) Act 2000
s. 18
Act No.
PART 4--AMENDMENT OF OTHER ACTS
18. Amendment of the Electoral Boundaries Commission
Act 1982
(1) In section 14 of the Electoral Boundaries
5 Commission Act 1982 omit "or a periodical
election for the Legislative Council (whichever
first occurs)".
(2) Section 16 of the Electoral Boundaries
Commission Act 1982 is repealed.
10 (3) In section 16A of the Electoral Boundaries
Commission Act 1982--
(a) after "seat of a member for a" insert
"province or"; and
(b) after "election of a member of the" insert
15 "Council or"; and
(c) after "electoral" insert "provinces and".
19. Amendment of the Parliamentary Committees Act
1968
(1) In section 4G(1) of the Parliamentary
20 Committees Act 1968 for paragraphs (a) and (b)
and the words "whichever of those events first
happens" substitute "the dissolution or other
lawful determination of the Assembly".
(2) In section 36 of the Parliamentary Committees
25 Act 1968 for paragraphs (b) and (c) substitute--
"(b) the dissolution or other lawful determination
of the Assembly--".
(3) In section 48 of the Parliamentary Committees
Act 1968 for paragraphs (b) and (c) substitute--
30 "(b) the dissolution or other lawful determination
of the Assembly--".
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Constitution (Amendment) Act 2000
s. 20
Act No.
20. Amendment of the Parliamentary Salaries and
Superannuation Act 1968
In the Parliamentary Salaries and
Superannuation Act 1968--
5 (a) in section 7(2) for "periodical or general
election as the case may be" substitute
"general election";
(b) in section 7(4) after "general election for"
insert "the Council and";
10 (c) in section 10(1), in the definition of
"election" for "or" substitute "and".
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Constitution (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Constitution (Amendment) Act 2000
Act No.
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