Victorian Consolidated Legislation

Constitution Act 1975 - SECT 6B

Administration by Lieutenant-Governor or Administrator6

6B. Administration by Lieutenant-Governor or Administrator6



(1) The Lieutenant-Governor or Administrator shall, subject to this section,
assume the administration of the government of the State if-

   (a)  there is a vacancy in the office of Governor; or

   (b)  the Governor has assumed the administration of the government of the
        Commonwealth; or

   (c)  the Governor-

   (i)  is absent from the State; or

   (ii) is unable or unwilling to act- and there is not a subsisting
        appointment of a deputy under section 6C.

(2) The Administrator shall not assume the administration of the government of
the State unless-

   (a)  there is a vacancy in the office of Lieutenant-Governor; or

   (b)  the Lieutenant-Governor-

   (i)  is absent from the State; or

   (ii) is unable or unwilling to act.

(3) The Lieutenant-Governor or Administrator shall, upon assuming the
administration of the government of the State, notify the Premier or, in the
absence of the Premier, the Acting Premier.

(4) The powers and functions of the Governor vest in the Lieutenant-Governor
or Administrator during the administration of the government of the State by
the Lieutenant-Governor or Administrator, as the case may be.

(5) The Lieutenant-Governor shall cease to administer the government of the
State when-

   (a)  a person is appointed to fill the vacancy in the office of Governor
        and has taken the required oaths or affirmations; or

   (b)  the Governor ceases to administer the government of the Commonwealth;
        or

   (c)  the Governor is no longer absent from the State or no longer unable or
        unwilling to act-

as the case requires, and the Lieutenant-Governor has been notified
accordingly.

(6) The Administrator shall cease to administer the government of the State
when-

   (a)  a person is appointed to fill the vacancy in the office of Governor or
        Lieutenant-Governor and has taken the required oaths or affirmations;
        or

   (b)  the Governor ceases to administer the government of the Commonwealth;
        or

   (c)  the Governor or Lieutenant-Governor is no longer absent from the State
        or no longer unable or unwilling to act-

as the case requires, and the Administrator has been notified accordingly.

(7) A request in writing by the Premier (or, in the absence of the Premier,
the Acting Premier) that the Lieutenant-Governor or the Administrator assume
the administration of the State is sufficient authority for the
Lieutenant-Governor or Administrator to do so.