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CONSTITUTION ACT 1975

Table of Provisions

  • 1 Short title and commencement[1]  
  • 1A Recognition of Aboriginal people  
  • 2 Existing laws  
  • 3 Laws of England to be applied in the administration of justice  
  • 4 Continuation of existing Houses  
  • 5 Definitions  
  • 5A Definitions relating to pensions  

PART I--THE CROWN

  • 6 The Governor[3], [4]  
  • 6A Lieutenant-Governor and Administrator[5]  
  • 6B Administration by Lieutenant-Governor or Administrator[6]  
  • 6C Deputy for Governor during short illness or absence[7]  
  • 6D Oath or Affirmation[8]  
  • 6E Offices are not agencies under Freedom of Information Act 1982  
  • 7 Appropriation for staff and other expenses of the Governor  
  • 7A Governor's pension  
  • 7B Election of Governor to commute future pensions for payment of superannuation contributions surcharge  
  • 7C Actuary's first calculation after Governor's election to commute pensions  
  • 7D Actuary's second calculation after Governor's election to commute pensions and payment of lump sum  
  • 7E Election of former Governor to commute pensions for payment of superannuation contributions surcharge  
  • 7F Actuary's calculation after former Governor's election to commute pensions  
  • 7G Payment and commutation of the former Governor's pension  
  • 7H Election of Governor's partner to commute pension for payment of superannuation contributions surcharge  
  • 7I Actuary's calculation of reduction of pension of former Governor's partner  
  • 7J Payment and commutation of pension of former Governor's partner  
  • 8 Convocation, prorogation and dissolution  
  • 8A Dissolution of Assembly after a no confidence motion  
  • 9 Demise of the Crown not to dissolve Parliament  
  • 10 Certain acts not to be affected by a demise of the Crown  
  • 11 All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown  
  • 12 Exercise by the Governor of powers given to and reservation in favour of Her Majesty  
  • 13 Contracts by or on behalf of Her Majesty  
  • 14 Governor's amendments  

PART II--THE PARLIAMENT

Division 1--Constitution and powers

Division 2--Privileges of Parliament

  • 19 Privileges powers etc. of Council and Assembly  
  • 19A Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses  

Division 3--Summoning of Parliament. Oath of allegiance

  • 20 Summoning of Parliament  
  • 21 Effect of summoning of Parliament  
  • 22 How in case of adjournment orders of either House shall be deemed to have been appointed  
  • 23 Oath of allegiance  

Division 4--Presiding officers

Division 5--Legislative Council

  • 25 Definitions  
  • 26 Number of members of the Council  
  • 27 Division of Victoria into 8 regions  
  • 27A Filling of casual vacancies in the Council  
  • 28 Duration of the Council  
  • 29 Member of Assembly not capable of being member of Council  
  • 29A Title of members  
  • 30 Resignation of members  
  • 31 Election of President  
  • 32 Quorum of Legislative Council  

Division 6--Legislative Assembly

Division 7--Provisions applicable to both the Council and the Assembly

  • 41 Sessions of Council and Assembly  
  • 42 Quorum of Houses may act though election may have failed  
  • 43 Standing rules and orders  
  • 44 Membership of the Council and the Assembly  
  • 45 Avoidance of election of unqualified person  
  • 46 Vacation of seat  
  • 47 Member of Victorian Parliament elected to Federal Parliament  
  • 48 Qualification of electors for the Council and the Assembly  

Division 8--Offices and places of profit

  • 49 Public officers not to sit in Parliament except as mentioned  
  • 50 Salaried officers in Parliament  
  • 51 Ministers to be in Council or Assembly  
  • 52 Power of Ministers to speak in either House  
  • 53 Responsible Minister not required to vacate seat on appointment to office  
  • 54 Contractors not to be elected  
  • 55 Seats to become vacant in certain cases  
  • 56 Reference to certain contracts in last two preceding sections  
  • 57 Certain contracts excepted  
  • 58 With certain exceptions members of Parliament not to accept offices of profit under the Crown  
  • 59 Penalties for offences against this Division  
  • 60 Removal of disqualification by reason of certain naval, military or air services  
  • 61 Holders of offices etc. not to be disqualified from election to Council or Assembly  
  • 61A Power to Houses to relieve from consequences of alleged defaults  

Division 9--Provisions relating to Appropriation Bills

  • 62 Appropriation Bills  
  • 63 Appropriation to be in pursuance of message[10]  
  • 64 Appropriation Bills  
  • 65 Annual Appropriation Bills  

Division 9A--Provisions relating to disputes concerning Bills

  • 65A Definitions  
  • 65B Dispute Resolution Committee  
  • 65C Dispute Resolution  
  • 65D Consideration of Dispute Resolution by Assembly and Council  
  • 65E Provisions applying if dispute not resolved  
  • 65F Provisions applying to Deadlocked Bills  
  • 65G Joint Sitting  

Division 10--Acts of Parliament

  • 69 Date of passing of Act to be endorsed by Clerk  
  • 70 Where the time fixed by an Act for the doing of any act etc. cannot be observed  
  • 71 Where Bill for continuing Act which expires during the session does not pass  

Division 11--Publication, transmission and broadcasting of Parliamentary proceedings

  • 72 Government Printer  
  • 73 Publication of reports, proceedings etc. of either House of Parliament protected  
  • 74 Copy of authenticated report thereof  
  • 74AA Transmission and broadcasting of Parliamentary proceedings  

PART IIA--LOCAL GOVERNMENT

  • 74A Local government  
  • 74B Local government laws  

PART III--THE SUPREME COURT OF THE STATE OF VICTORIA

PART IIIAA--THE JUDICIARY

Division 1--Preliminary

Division 2--Judicial offices

  • 87AAB Removal from judicial office  
  • 87AAI Retirement  
  • 87AAJ Abolition of judicial office  

Division 3--Judicial Commission of Victoria

  • 87AAK Establishment of Judicial Commission  
  • 87AAL Functions of the Judicial Commission  

Division 4--Board of Judicial Commission

Division 5--Investigating panels

  • 87AAR Appointment of investigating panels  
  • 87AAS Membership of investigating panel  
  • 87AAT Remuneration and allowances of investigating panel members  
  • 87AAU Pension rights of investigating panel member not affected  
  • 87AAV Establishment of pool  
  • 87AAW Appointment of persons to pool  
  • 87AAX Conditions for members of pool  
  • 87AAY Cessation of appointment or removal from pool  

Division 6--Judicial Commission regulations

  • 87AAZ Judicial Commission regulations  

PART IIIA--DIRECTOR OF PUBLIC PROSECUTIONS

  • 87AA Definition  
  • 87AB Appointment  
  • 87AC Terms and conditions  
  • 87AD Resignation  
  • 87AE Suspension and removal from office  
  • 87AF Pension of Director and of his or her spouse and children  

PART IV--THE EXECUTIVE

  • 87A Executive Council[19], [20]  
  • 87B Members of Executive Council[21]  
  • 87C Meetings of Executive Council[22]  
  • 87D Rules of Executive Council[23]  
  • 87E Advice to Governor[24]  
  • 88 Appointment to public offices  
  • 88AA Oath of office  
  • 88A Governor in Council may order that Ministers exercise duties etc. concurrently  

PART V--FINANCIAL

Division 1--Consolidated Revenue

  • 89 Consolidated Revenue  
  • 90 Charges of collection and management  
  • 91 Her Majesty not entitled to Crown revenues  
  • 92 Power to appropriate Consolidated Revenue  
  • 93 Warrants for issue of money  

Division 2--Expenses of Executive Council Legislative Council and Legislative Assembly

  • 94 Special appropriations for expenses of Executive Council, Legislative Council and Legislative Assembly  

Division 3--Auditor-General

  • 94A Auditor-General  
  • 94B Independence of the Auditor-General  
  • 94C Tenure of office  

PART VA--SPECIAL PROVISIONS

  • 94E Independence of the Ombudsman  
  • 94F Independence of the Electoral Commissioner  
  • 94G Electoral Boundaries  
  • 94H Access to information  

PART VI--RELATION OF PUBLIC OFFICERS TO POLITICAL AFFAIRS

  • 95 Officers in the public service not to take part in political affairs  

PART VII--DELIVERY OF WATER SERVICES

  • 96 Definitions  
  • 97 Delivery of water services  

PART VIII--MAINTAINING THE PROHIBITIONS ON HYDRAULIC FRACTURING AND COAL SEAM GAS EXPLORATION AND MINING

  • 98 Purpose of this Part  
  • 99 Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining  

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