Victorian Consolidated Legislation

Constitution Act 1975 - SECT 60

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

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.