CONSTITUTION ACTS AMENDMENT ACT 1899 - SECT 38

CONSTITUTION ACTS AMENDMENT ACT 1899 - SECT 38

38 .         Seats in Parliament vacated in certain cases

                Subject to any resolution passed by the Legislature under section 39, if any member of the Legislature, after his election —

            (a)         ceases to be qualified under the Electoral Act 1907 section 76A to be elected as a member of the Legislature; or

            (b)         becomes disqualified for membership of the Legislature by section 32 or section 34; or

            (c)         becomes a person to whom section 36 or section 37 applies; or

            (d)         takes the benefit, whether by entering into a personal insolvency agreement or otherwise, of any law relating to bankrupt or insolvent debtors; or

            (e)         becomes of unsound mind; or

            (f)         takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence, to any foreign Prince or Power, or does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign State or Power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or

            (g)         fails to give his attendance in the House of which he is a member for one entire session thereof without the permission of the House entered upon its journals,

                his seat shall thereupon become vacant.

        [Section 38 amended: No. 4 of 1947 s. 2 (as amended: No. 46 of 1963 s. 10); No. 12 of 1948 s. 3 (as amended: No. 46 of 1963 s. 10); No. 111 of 1969 s. 2; No. 15 of 1975 s. 2; No. 78 of 1984 s. 11; No. 64 of 2006 s. 9; No. 18 of 2009 s. 20.]