CONSTITUTION ACT 1975

Victorian Consolidated Legislation

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CONSTITUTION ACT 1975

No. 8750 of 1975
Version incorporating amendments as at 4 June 2008

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
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
6A. Lieutenant-Governor and Administrator
6B. Administration by Lieutenant-Governor or Administrator
6C. Deputy for Governor during short illness or absence
6D. Oath or Affirmation
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
12A. Repealed
13. Contracts by or on behalf of Her Majesty
14. Governor's amendments

PART II-THE PARLIAMENT

Division 1-Constitution and powers

15. Parliament
16. Legislative power of Parliament
16A. The principle of Government mandate
17. Waste lands of the Crown
18. Power for Parliament to alter this Act

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

24. As to term of office and power of presiding officers

Division 5-Legislative Council

25. Definitions
Subdivision (1)-Regions and members
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
Subdivision (2)-Proceedings of the Council
31. Election of President
32. Quorum of Legislative Council

Division 6-Legislative Assembly

33. Definitions
Subdivision (1)-Districts and members
34. Constitution of Assembly
35. Division of Victoria into electoral districts
36. Member of Council not capable of being member of Assembly
37. Resignation of members
Subdivision (2)-Duration of the Assembly
38. Duration of Assembly
38A. Date of general election
Subdivision (3)-Proceedings of the Assembly
39. Election of Speaker
40. Quorum of 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
Subdivision (1)-Membership of the Council and the Assembly
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
Subdivision (2)-Qualification of electors for the Council and the Assembly
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
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
66-68. Repealed

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
74AB. Repealed

PART IIA-LOCAL GOVERNMENT

74A. Local government
74B. Local government laws
74C, 74D. Repealed

PART III-THE SUPREME COURT OF THE STATE OF VICTORIA

75. Supreme Court of the State of Victoria
75A. Divisions of Court
75B. Qualification and appointment of Judges
76. Court to be a court of record and to have a seal
77. Commissions of Judges
78. Chief Justice
78A. Chief Justice and Judges of Court of Appeal
78B. Seniority
79. Governor in Council may appoint Acting Chief Justice
79A. Governor in Council may appoint acting President
80. Filling vacancies
80A. Repealed
80B. Additional Judges of Appeal
80C. Additional Judges of Trial Division
80D. Appointment of acting Judges
80E. Transitional provision-reserve Judges
81. Repealed
82. Salaries, allowances and pensions of Judges of the Supreme Court
83. As to pensions of Judges of the Supreme Court and their
partners and children
83AA. Election of Judges of the Supreme Court to commute
future pensions for payment of superannuation
contributions surcharge
83AB. Actuary's first calculation after election of Judges of the
Court to commute pensions
83AC. Actuary's second calculation after the Judges' elections to commute pensions and payment of lump sums
83AD. Election of former Judges of Court to commute pensions
for payment of superannuation contributions surcharge
83AE. Actuary's calculation after former Judges' election to commute pensions
83AF. Payment and commutation of pensions of former Judges
of the Court
83AG. Election of Judges' partners and eligible children to
commute pensions for payment of superannuation contributions surcharge
83AH. Actuary's calculation of reduction of pensions of Judges' partners and eligible children
83AI. Payment and commutation of pensions of former Judges' partners and eligible children
83A. Salaries of masters
84. Judges not to hold any other place of profit
85. Powers and jurisdiction of the Court
86. Power to Judges to award habeas corpus
87. Court not to be required to exercise jurisdiction where jurisdiction conferred on other bodies

PART IIIAA-THE JUDICIARY

87AAA. Definitions
87AAB. Removal from judicial office
87AAC. Judicial panel
87AAD. Appointment of investigating committee
87AAE. Role of investigating committee
87AAF. Powers of investigating committee
87AAG. Procedure and evidence at an investigation
87AAH. Report of investigating committee
87AAI. Retirement
87AAJ. Abolition of judicial office

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
87B. Members of Executive Council
87C. Meetings of Executive Council
87D. Rules of Executive Council
87E. Advice to Governor
88. Appointment to public offices
88AA. Oath of office
88A. Governor in Council may order that Ministers exercise
duties etc. concurrently

PART IVA-COMMISSIONS AND BOARDS OF INQUIRY

88B. Commission of Inquiry
88C. Board of Inquiry

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-Repealed
__________________
SCHEDULE 1-Repealed
SCHEDULE 2-Oath/Affirmation
SCHEDULE 3-Oath of Office
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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