CONSTITUTION ACT 1975 - SECT 24 As to term of office and power of presiding officers
CONSTITUTION ACT 1975 - SECT 24
As to term of office and power of presiding officersS. 24(1) amended by No. 27/2017 s. 57(a).
(1) If the presiding officer of the Council or the Assembly resigns his office or his seat, he shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the presiding officer of that House (whether or not that House expires or is dissolved after he so resigns) until the day before a presiding officer is to be chosen by that House.
S. 24(2) amended by No. 2/2003 s. 49(2).
(2) If the President of the Council ceases to be a member of the Council by reason of the expiration of his term of office, he shall, for the purposes of the exercise of any powers or functions by the President of the Council under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the President of the Council until the day before a President is to be chosen by the Council.
S. 24(3) amended by Nos 37/2013 s. 18(2), 27/2017 s. 57(a).
(3) If—
(a) the presiding officer of either House; or
(b) a person who, by virtue of this section, is deemed to be, for the purposes of the exercise of any powers or functions of the presiding officer of either House, to be or to continue to be the presiding officer of that House—
dies, is absent from Victoria or is incapable by reason of illness leave of absence or other unavoidable cause from exercising any powers or functions conferred or imposed upon the presiding officer, the deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House, be deemed to be the presiding officer of that House (whether or not that House expires or is dissolved after the death or during the absence or incapacity) until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.
S. 24(4) amended by No. 37/2013 s. 18(2).
(4) For the purposes of subsection (3) where there is no deputy presiding officer of a House, the person who last held office as deputy presiding officer of that House shall be deemed to continue to be deputy presiding officer of that House until a deputy presiding officer of that House is appointed by that House.
S. 24(5) amended by Nos 2/2003 s. 7(3)(a)(b), 27/2017 s. 57(b).
(5) Where the Assembly expires or is dissolved, the person, if any, who is the presiding officer of a House immediately before the expiry or dissolution shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders, be deemed to continue to be the presiding officer of that House until the day before a presiding officer is to be chosen by that House.
S. 24(6) amended by Nos 2/2003 s. 7(4)(a)(b), 37/2013 s. 18(2), 27/2017 s. 57(c).
(6) If, after the Assembly has expired or been dissolved the person (if any) who was the presiding officer of a House immediately before the expiry or dissolution dies, is absent from Victoria or is incapable by reason of illness of exercising any powers or functions under this or any other Act or under the standing orders or the joint standing orders, the person who last held office as deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under any such Act or Order be deemed to be the presiding officer of that House until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.
Division 5—Legislative Council
No. 6224 s. 67.