CONSTITUTION ACT 1975 - SECT 18 Power for Parliament to alter this Act
CONSTITUTION ACT 1975 - SECT 18
Power for Parliament to alter this ActS. 18(1) amended by No. 2/2003 s. 17(1).
(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.
S. 18(1A) inserted by No. 2/2003 s. 17(2).
(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.
S. 18(1B) inserted by No. 2/2003 s. 17(2).
(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may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum.
S. 18(1BA) inserted by No. 2/2003 s. 17(2).
(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.
S. 18(1C) inserted by No. 2/2003 s. 17(2).
(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.
S. 18(2) amended by Nos 9254 s. 2(b), 35/1991 s. 5(1), 62/1999 s. 10, 53/1999 s. 4, substituted by No. 2/2003 s. 17(2), amended by No. 37/2003 s. 4(1)(d).
(2) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—
S. 18(2)(aa) inserted by No. 73/2004 s. 4.
(aa) section 1A; or
(a) Part I; or
(b) Division 1 of Part II (other than section 18); or
S. 18(2)(c) amended by No. 37/2003 s. 4(1)(a).
(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
S. 18(2)(fa) inserted by No. 37/2003 s. 4(1)(b).
(fa) Part VII; or
S. 18(2)(fab) inserted by No. 8/2021 s. 3.
(fab) Part VIII; or
S. 18(2)(fb) inserted by No. 16/2005 s. 3(1).
(fb) Part IIIAA; or
S. 18(2)(g) amended by Nos 37/2003 s. 4(1)(c), 16/2005 s. 3(2).
(g) any provision substituted for any provision specified in paragraphs (a) to (fb)—
may be repealed, altered or varied or any Bill by which—
S. 18(2)(h) inserted by No. 37/2003 s. 4(1)(d).
(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.
S. 18(2AA) inserted by No. 2/2003 s. 17(2).
(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.
S. 18(2A) inserted by No. 35/1991 s. 5(2), amended by No. 2/2003 s. 17(3).
(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.
S. 18(3) substituted by No. 2/2003 s. 17(4).
(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.
S. 18(4) substituted by No. 2/2003 s. 17(4).
(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.
S. 18(5) inserted by No. 2/2003 s. 17(4).
(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.
S. 18(6) inserted by No. 37/2003 s. 4(2).
(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
No. 6224 s. 12.