CONSTITUTION ACT 1975 - SECT 65 Annual Appropriation Bills

CONSTITUTION ACT 1975 - SECT 65

    (1)     In this section Annual Appropriation Bill means a Bill which deals only with the annual appropriation of the Consolidated Fund for the ordinary annual services of the Government for a particular year only but does not include a Bill to appropriate money for appropriations for or relating to the Parliament.

    (2)     For the purposes of subsection (1), ordinary annual services includes—

        (a)     the construction or acquisition of public works, land or buildings; and

        (b)     the construction or acquisition of plant or equipment which normally would be regarded as involving an expenditure of capital; and

        (c)     services proposed to be provided by the Government which have not formerly been provided by the Government.

    (3)     An Annual Appropriation Bill must deal only with appropriation.

    (4)     Subsection (5) applies if an Annual Appropriation Bill is passed by the Assembly and within 1 month of its passing by the Assembly—

        (a)     the Council rejects or fails to pass it; or

        (b)     the Council returns it to the Assembly with a message suggesting any amendment to which the Assembly does not agree.

    (5)     If this subsection applies, the Annual Appropriation Bill, with any amendments suggested by the Council and made by the Assembly, must be presented to the Governor for Her Majesty's Assent and becomes an Act of Parliament on the Royal Assent being signified notwithstanding that the Council has not passed the Bill.

    (6)     The words of enactment for an Annual Appropriation Bill that is to be presented to the Governor for Her Majesty's Assent under subsection (5) are to be altered to "Her Majesty and the Legislative Assembly in accordance with section 65(5) of the Constitution Act 1975 enact as follows:".

    (7)     There is to be endorsed on the Annual Appropriation Bill when it is presented to the Governor for Her Majesty's Assent under subsection (5), the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65(5) of the Constitution Act 1975 applies and has been passed in accordance with that section.

    (8)     The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.

    (9)     The alteration of an Annual Appropriation Bill to give effect to subsection (6) is not to be taken to be an amendment of the Bill.

Pt 2 Div 9A (Heading and ss 65A– 65G) inserted by No. 2/2003 s. 15.

Division 9A—Provisions relating to disputes concerning Bills

S. 65A inserted by No. 2/2003 s. 15.