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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Parliamentary Terms) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Restriction on dissolution of Assembly 2
5. New section 38 substituted 2
38. Duration of Assembly 2
6. New Subdivision (2A) inserted in Division 6 of Part II 3
Subdivision (2A)--Election Date 3
38A. Date of election for Legislative Assembly 3
7. Amendments consequential on Electoral Act 2002 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 April 2002 by Mr Ingram
A BILL
to amend the Constitution Act 1975 with respect to the length of
Parliamentary terms and for other purposes.
Constitution (Parliamentary Terms) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to provide that, except
in certain exceptional circumstances, a full 4 year
Parliamentary term will be served before a general
5 election for the Legislative Assembly and a
periodical election for the Legislative Council is
held.
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Constitution (Parliamentary Terms) Act 2002
s. 2
Act No.
2. Commencement
(1) This Act (except section 7) comes into operation
on the first day of meeting of the Legislative
Assembly first elected after this Act receives the
5 Royal Assent.
(2) Section 7 comes into operation--
(a) on the day on which the Electoral Act 2002
comes into operation; or
(b) on the first day of meeting of the Legislative
10 Assembly first elected after this Act receives
the Royal Assent--
whichever is the later day.
3. Principal Act
See:
In this Act, the Constitution Act 1975 is called Act No.
15 the Principal Act. 8750/1975.
Reprint No. 14
as at
1 July 2000
and
amending
Act Nos
6/2001,
12/2001,
19/2001 and
40/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Restriction on dissolution of Assembly
In section 8(3) of the Principal Act, paragraph (a)
is repealed.
5. New section 38 substituted
20 For section 38 of the Principal Act substitute--
"38. Duration of Assembly
Unless sooner dissolved under section 8, the
Assembly shall expire on the fifth Saturday
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Constitution (Parliamentary Terms) Act 2002
s. 6
Act No.
before the closest Saturday to the fourth
anniversary of the day for taking the poll at
the previous general election.
Example
5 If the next general election following the passage of
this Act were held on 6 December 2003, the
Legislative Assembly then elected would expire on
3 November 2007 unless the Governor had dissolved
that Assembly earlier because--
·
10 the Council had rejected, or failed to pass within
2 months, a Bill of special importance
· the Council had rejected, or failed to pass within
one month, an Appropriation Bill
· the Assembly had passed a resolution expressing
15 a lack of confidence in the Premier and the other
Ministers.".
6. New Subdivision (2A) inserted in Division 6 of Part II
In Division 6 of Part II of the Principal Act, after
Subdivision (2) insert--
20 "Subdivision (2A)--Election Date
38A. Date of election for Legislative Assembly
(1) The writs for a general election of members
of the Assembly must name as the day for
taking the poll at that general election--
25 (a) if the previous Assembly expired--
except as provided by sub-section (2),
the closest Saturday to the fourth
anniversary of the day for taking the
poll at the previous general election; or
30 (b) if the previous Assembly was
dissolved--a Saturday in accordance
with section 154A of The Constitution
Act Amendment Act 1958.
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Constitution (Parliamentary Terms) Act 2002
s. 7
Act No.
(2) The day named for taking the poll at a
general election may be any of the
3 Saturdays after the Saturday that, but for
this sub-section, would be required to be
5 named by force of sub-section (1)(a) so as to
avoid--
(a) the day of polling being a public
holiday or the Saturday immediately
following a public holiday; or
10 (b) the day of polling being the polling day
at a general election of the members of
the House of Representatives of the
Commonwealth Parliament; or
(c) a general election being held at an
15 inconvenient time having regard to
exceptional circumstances that have
arisen, or are due to arise, within the
State.
(3) The Constitution Act Amendment Act
20 1958 has effect subject to this section.
Example
If the next general election following the passage of
this Act were held on 6 December 2003, assuming
that there were no early dissolutions and that the dates
25 did not clash with Commonwealth elections or other
exceptional events, the next two general elections
would be held on 8 December 2007 and 10 December
2011.".
7. Amendments consequential on Electoral Act 2002
30 (1) In section 38 of the Constitution Act 1975, for
"day for taking the poll" substitute "election day".
(2) In the example at the foot of section 38 of the
Constitution Act 1975, for "general election"
substitute "simultaneous election".
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Constitution (Parliamentary Terms) Act 2002
s. 7
Act No.
(3) In section 38A(1) of the Constitution Act 1975--
(a) for "The writs for a general election of
members of the Assembly" substitute
"A writ for a simultaneous election (within
5 the meaning of the Electoral Act 2002)";
(b) for "day for taking the poll" (where twice
occurring) substitute "election day";
(c) for "general election" (where twice
occurring) substitute "simultaneous
10 election".
(4) In section 38A(2) of the Constitution Act 1975--
(a) for "day named for taking the poll at a
general election" substitute "election day
named at a simultaneous election";
15 (b) in paragraphs (a) and (b), for "the day of
polling" substitute "election day";
(c) in paragraph (c), for "general election"
substitute "simultaneous election".
(5) In section 38A(3) of the Constitution Act 1975,
20 for "The Constitution Act Amendment Act
1958" substitute "The Electoral Act 2002".
(6) In the example at the foot of section 38A(2) of the
Constitution Act 1975--
(a) for "general election" substitute
25 "simultaneous election";
(b) for "general elections" substitute
"simultaneous elections".
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Constitution (Parliamentary Terms) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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