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CONSTITUTION ACT 1975 - SECT 60 Removal of disqualification by reason of certain naval, military or air services

CONSTITUTION ACT 1975 - SECT 60

Removal of disqualification by reason of certain naval, military or air services

    (1)     Notwithstanding anything in this Act or any corresponding previous enactment, the seat of a member of the Council or the Assembly shall not become vacant and shall not be deemed to have become vacant, and the election of any person to be a member of the Council or the Assembly shall not be and shall not be deemed to have been void, and no person shall be or be deemed to have been disqualified or incapable to be elected or to be or continue a member of or incapable of sitting or voting in the Council or the Assembly, and no such member or person shall be or be deemed to have been liable to any penalty under this Act or any corresponding previous enactment by reason only that such member or person was or is an officer or member of the naval military or air forces of the Commonwealth whose services were not or are not wholly employed by the Commonwealth or received or receives any pay half-pay allowance or pension as such an officer or member of any of the said forces.

    (2)     A person shall not for the purposes of this Act or any corresponding previous enactment be deemed to have accepted or to accept an office or place of profit under the Crown by reason only that such person (while he was or is a member of the Council or the Assembly) was or is or served or serves as an officer or member of any of the forces aforesaid or received or receives any pay half-pay allowance or pension as aforesaid.

S. 61 substituted by No. 9077 s. 3, amended by Nos 9788 s. 3(1)(a), 9921 s. 255, 10029 s. 22, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch.  3 item 40), 38/2005 s. 15, 24/2006 s. 6.1.2(Sch. 7 item 8.1), 6/2010 s. 203(1) (Sch.  6 item 9.1) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 27.1).