Victorian Consolidated Legislation

Constitution Act 1975 - SECT 18

Power for Parliament to alter this Act

18. Power for Parliament to alter this Act





(1) Subject to this section, the Parliament may by any Act repeal alter or
vary all or any of the provisions of this Act and substitute others in lieu
thereof.

(1A) In this section-

referendum means a referendum conducted in accordance with Part 9A of the
Electoral Act 2002; special majority means 3/5ths of the whole number of the
members of the Assembly and of the Council respectively.

(1B) It shall not be lawful to present to the Governor for Her Majesty's
assent any Bill by which-

   (a)  this subsection or subsection (1A), (1BA), (1C) or (3); or

   (b)  Subdivision 1 of Division 5 of Part II; or

   (c)  Subdivision 2 of Division 5 of Part II; or

   (d)  Subdivision 1 of Division 6 of Part II; or

   (e)  Subdivision 2 of Division 6 of Part II; or

   (f)  Subdivision 3 of Division 6 of Part II; or

   (g)  section 41; or

   (h)  Division 9 of Part II; or

        (i)    Division 9A of Part II; or

   (j)  Part IIA; or

   (k)  section 75(1); or

   (l)  Part IIIA; or

   (m)  Part IV; or

   (n)  Division 3 of Part V; or

   (o)  Part VA; or

   (p)  any provision substituted for any provision specified in paragraphs
        (a) to (o)-

may be repealed, altered or varied unless the Bill has been passed by the
Assembly and the Council and approved by the majority of the electors voting
at a referendum.

(1BA) For the purposes of subsection (1B), a provision of a Bill is not to be
taken to repeal, alter or vary Part IIA unless the Bill expressly refers to
that Part in, or in relation to, that provision and expressly, and not merely
by implication, states an intention to repeal, alter or vary Part IIA.

(1C) A Bill to which subsection (1B) applies must be submitted to a referendum
on a day not sooner than 59 days after the Bill has been passed by the
Assembly and the Council.

(2) It shall not be lawful to present to the Governor for Her Majesty's assent
any Bill by which-









   (aa) section 1A; or



   (a)  Part I; or

   (b)  Division 1 of Part II (other than section 18); or

   (c)  this subsection or subsection (4) or (6); or





   (d)  Subdivision 1 of Division 7 of Part II; or

   (e)  Subdivision 2 of Division 7 of Part II; or

   (f)  Section 61A; or

   (fa) Part VII; or





   (fb) Part IIIAA; or





   (g)  any provision substituted for any provision specified in paragraphs
        (a) to (fb)-



may be repealed, altered or varied or any Bill by which-

   (h)  responsibility for ensuring the delivery of a water service (within
        the meaning of Part VII) may be transferred to a person or body that
        is not a public authority (within the meaning of that Part) or the
        accountability to a responsible Minister of the Crown of such an
        authority for ensuring the delivery of such a service may be removed-

unless the third reading of the Bill is passed by a special majority.

(2AA) It shall not be lawful to present to the Governor for Her Majesty's
assent any Bill by which-

   (a)  this subsection or subsection (2A) or (5); or

   (b)  Part III (other than section 75(1) or 85); or

   (c)  any provision substituted for any provision specified in paragraph (a)
        or (b)-

may be repealed, altered or varied unless the third reading of the Bill is
passed by an absolute majority.

(2A) A provision of a Bill by which section 85 may be repealed, altered or
varied is void if the third reading of the Bill is not passed with the
concurrence of an absolute majority of the whole number of the members of the
Council and of the Assembly respectively.

(3) Any Bill dealing with any of the matters specified in subsection (1B)
which has not been approved in accordance with that subsection is void.

(4) Any Bill dealing with any of the matters specified in subsection (2) which
has not been passed in accordance with that subsection is void.

(5) Any Bill dealing with any of the matters specified in subsection (2AA)
which has not been passed in accordance with that subsection is void.

(6) Subsection (2) does not apply to any Bill to-

   (a)  enable a public authority (within the meaning of Part VII) to enter
        into an arrangement of any kind with a person or body (including an
        independent contractor) relating to the delivery of a water service
        (within the meaning of that Part); or

   (b)  alter the structure, composition or membership of a public authority
        (within the meaning of Part VII) that has responsibility for ensuring
        the delivery of a water service (within the meaning of that Part) if
        the alteration does not affect its status or the status of a successor
        body as such a public authority accountable to a responsible Minister
        of the Crown for ensuring the delivery of that service.

Division 2-Privileges of Parliament