Victorian Consolidated Legislation

Constitution Act 1975 - SECT 61A

Power to Houses to relieve from consequences of alleged defaults

61A. Power to Houses to relieve from consequences of alleged defaults



(1) Notwithstanding anything in this Act where it is made to appear to the
relevant House that any act matter or thing whether occurring before or after
the commencement of this Act has or may have caused a person to be
disqualified from election to that House or the seat of a member of that House
to become vacant the relevant House may, if it is satisfied that the act
matter or thing-

   (a)  has ceased to have effect;

   (b)  was in all the circumstances of a trifling nature; and

   (c)  occurred or arose without the actual knowledge or consent of the
        person or was accidental or due to inadvertence-

by resolution direct that any such act matter or thing for the purposes of all
or any of the provisions of this Act be deemed never to have occurred or
arisen but any such resolution shall save as aforesaid not affect the
determination of any petition with respect to the validity of any election or
return that has been addressed to the Court of Disputed Returns.





(2) In any case where apart from this provision the Governor, the President of
the Legislative Council or the Speaker of the Legislative Assembly would be
required to issue during the recess of the relevant House a writ for election
of a member of that House in the place of a member disqualified under any of
the provisions of this Act the Governor, the President or the Speaker may if
it appears to him that an opportunity should be given to the relevant House to
consider the making of an order under subsection (1) defer the issue of the
writ pending the determination of the relevant House.

(3) In this section the relevant House means-

   (a)  in relation to any question concerning the qualification for election
        of a person to the Legislative Council or a vacancy in the Legislative
        Council-the Legislative Council; and

   (b)  in relation to any question concerning the qualification for election
        of a person to the Legislative Assembly or a vacancy in the
        Legislative Assembly-the Legislative Assembly.

Division 9-Provisions relating to Appropriation Bills