Victorian Consolidated Legislation

Constitution Act 1975 - SECT 24

As to term of office and power of presiding officers

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



(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
is dissolved after he so resigns) until the day before a presiding officer is
to be chosen by that House.

(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.

(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 Chairman of Committees 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 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.

(4) For the purposes of subsection (3) where there is no Chairman of
Committees of a House, the person who last held office as Chairman of
Committees of that House shall be deemed to continue to be Chairman of
Committees of that House until a Chairman of Committees of that House is
appointed by that House.

(5) Where the Assembly is dissolved, the person, if any, who is the presiding
officer of a House immediately before the 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.

(6) If, after the Assembly has been dissolved the person (if any) who was the
presiding officer of a House immediately before the 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 Chairman of
Committees 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