Victorian Consolidated Legislation

Constitution Act 1975 - SECT 56

Reference to certain contracts in last two preceding sections

56. Reference to certain contracts in last two preceding sections



(1) Any reference in the last two preceding sections to any bargain or
contract entered into by or on behalf of Her Majesty in right of the State of
Victoria shall subject to subsection (2) be deemed to include a reference to-

   (a)  any contract entered into by any Government department or by any
        Minister of the Crown in his capacity as such; and

   (b)  (without affecting the generality of the last preceding paragraph) any
        contract entered into by any public statutory body.

(2) It is hereby declared that any such reference in the said sections does
not extend to-

   (a)  the supply or provision by Her Majesty (including any department
        Minister or body referred to in subsection (1)) of goods chattels or
        services where such goods chattels or services are supplied or
        provided to a member of the Council or the Assembly on no better terms
        than they are supplied or provided to persons other than members who
        are in similar circumstances or who are otherwise similarly qualified
        or eligible;

   (b)  any contract or agreement the benefit or burden of which or any
        interest in which devolves upon a member of the Council or the
        Assembly as beneficiary under a will or as a person entitled to share
        in the estate of an intestate or as executor administrator or trustee,
        until twelve months after such devolution;

   (c)  any isolated casual sale or supply of goods chattels or services to
        Her Majesty (including any department Minister or body referred to in
        subsection (1)) where at the time of such sale or supply the member of
        the Council or the Assembly concerned did not know and could not
        reasonably have known that such sale or supply was a sale or supply to
        Her Majesty (or to a department Minister or body referred to in
        subsection (1)); or

   (d)  any compromise in respect of any compensation or other money payable
        by Her Majesty (including any department Minister or body referred to
        in subsection (1)).