CONSTITUTION ACT 1975
Table of Provisions
- 1 Short title and commencement[1]
- 1A Recognition of Aboriginal people
- 2 Existing laws
- 3 Laws of England to be applied in the administration of justice
- 4 Continuation of existing Houses
- 5 Definitions
- 5A Definitions relating to pensions
PART I--THE CROWN
- 6 The Governor[3], [4]
- 6A Lieutenant-Governor and Administrator[5]
- 6B Administration by Lieutenant-Governor or Administrator[6]
- 6C Deputy for Governor during short illness or absence[7]
- 6D Oath or Affirmation[8]
- 6E Offices are not agencies under Freedom of Information Act 1982
- 7 Appropriation for staff and other expenses of the Governor
- 7A Governor's pension
- 7B Election of Governor to commute future pensions for payment of superannuation contributions surcharge
- 7C Actuary's first calculation after Governor's election to commute pensions
- 7D Actuary's second calculation after Governor's election to commute pensions and payment of lump sum
- 7E Election of former Governor to commute pensions for payment of superannuation contributions surcharge
- 7F Actuary's calculation after former Governor's election to commute pensions
- 7G Payment and commutation of the former Governor's pension
- 7H Election of Governor's partner to commute pension for payment of superannuation contributions surcharge
- 7I Actuary's calculation of reduction of pension of former Governor's partner
- 7J Payment and commutation of pension of former Governor's partner
- 8 Convocation, prorogation and dissolution
- 8A Dissolution of Assembly after a no confidence motion
- 9 Demise of the Crown not to dissolve Parliament
- 10 Certain acts not to be affected by a demise of the Crown
- 11 All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown
- 12 Exercise by the Governor of powers given to and reservation in favour of Her Majesty
- 13 Contracts by or on behalf of Her Majesty
- 14 Governor's amendments
PART II--THE PARLIAMENT
Division 1--Constitution and powers
- 15 Parliament
- 16 Legislative power of Parliament
- 16A The principle of Government mandate
- 17 Waste lands of the Crown
- 18 Power for Parliament to alter this Act
Division 2--Privileges of Parliament
- 19 Privileges powers etc. of Council and Assembly
- 19A Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses
Division 3--Summoning of Parliament. Oath of allegiance
- 20 Summoning of Parliament
- 21 Effect of summoning of Parliament
- 22 How in case of adjournment orders of either House shall be deemed to have been appointed
- 23 Oath of allegiance
Division 4--Presiding officers
- 24 As to term of office and power of presiding officers
Division 5--Legislative Council
- 25 Definitions
- 26 Number of members of the Council
- 27 Division of Victoria into 8 regions
- 27A Filling of casual vacancies in the Council
- 28 Duration of the Council
- 29 Member of Assembly not capable of being member of Council
- 29A Title of members
- 30 Resignation of members
- 31 Election of President
- 32 Quorum of Legislative Council
Division 6--Legislative Assembly
- 33 Definitions
- 34 Constitution of Assembly
- 35 Division of Victoria into electoral districts
- 36 Member of Council not capable of being member of Assembly
- 37 Resignation of members
- 38 Duration of Assembly
- 38A Date of general election
- 39 Election of Speaker
- 40 Quorum of Assembly
Division 7--Provisions applicable to both the Council and the Assembly
- 41 Sessions of Council and Assembly
- 42 Quorum of Houses may act though election may have failed
- 43 Standing rules and orders
- 44 Membership of the Council and the Assembly
- 45 Avoidance of election of unqualified person
- 46 Vacation of seat
- 47 Member of Victorian Parliament elected to Federal Parliament
- 48 Qualification of electors for the Council and the Assembly
Division 8--Offices and places of profit
- 49 Public officers not to sit in Parliament except as mentioned
- 50 Salaried officers in Parliament
- 51 Ministers to be in Council or Assembly
- 52 Power of Ministers to speak in either House
- 53 Responsible Minister not required to vacate seat on appointment to office
- 54 Contractors not to be elected
- 55 Seats to become vacant in certain cases
- 56 Reference to certain contracts in last two preceding sections
- 57 Certain contracts excepted
- 58 With certain exceptions members of Parliament not to accept offices of profit under the Crown
- 59 Penalties for offences against this Division
- 60 Removal of disqualification by reason of certain naval, military or air services
- 61 Holders of offices etc. not to be disqualified from election to Council or Assembly
- 61A Power to Houses to relieve from consequences of alleged defaults
Division 9--Provisions relating to Appropriation Bills
- 62 Appropriation Bills
- 63 Appropriation to be in pursuance of message[10]
- 64 Appropriation Bills
- 65 Annual Appropriation Bills
Division 9A--Provisions relating to disputes concerning Bills
- 65A Definitions
- 65B Dispute Resolution Committee
- 65C Dispute Resolution
- 65D Consideration of Dispute Resolution by Assembly and Council
- 65E Provisions applying if dispute not resolved
- 65F Provisions applying to Deadlocked Bills
- 65G Joint Sitting
Division 10--Acts of Parliament
- 69 Date of passing of Act to be endorsed by Clerk
- 70 Where the time fixed by an Act for the doing of any act etc. cannot be observed
- 71 Where Bill for continuing Act which expires during the session does not pass
Division 11--Publication, transmission and broadcasting of Parliamentary proceedings
- 72 Government Printer
- 73 Publication of reports, proceedings etc. of either House of Parliament protected
- 74 Copy of authenticated report thereof
- 74AA Transmission and broadcasting of Parliamentary proceedings
PART IIA--LOCAL GOVERNMENT
PART III--THE SUPREME COURT OF THE STATE OF VICTORIA
- 75 Supreme Court of the State of Victoria[12]
- 75A Divisions of Court[13]
- 75B Qualification and appointment of Judges
- 75C Entry into part-time service arrangement
- 75D Variation of part-time service arrangement
- 75E Suspension of part-time service arrangement
- 75F Termination of part-time service arrangement
- 76 Court to be a court of record and to have a seal
- 77 Commissions of Judges
- 78 Chief Justice
- 78A Chief Justice and Judges of Court of Appeal
- 78B Seniority
- 79 Governor in Council may appoint Acting Chief Justice
- 79A Governor in Council may appoint acting President
- 80 Filling vacancies
- 80B Additional Judges of Appeal
- 80C Additional Judges of Trial Division
- 81 Appointment of reserve Judges
- 81A Cessation of office
- 81B Chief Justice may engage reserve Judge to undertake duties of Judge of the Court
- 81C Powers, jurisdiction, immunities and protection of reserve Judge
- 81D Pension rights and service not affected by being a reserve Judge
- 81E Engaging in legal practice or other paid employment
- 81F Salary, allowances and other conditions of service of reserve Judge
- 81G Appropriation of certain amounts in relation to reserve Judges
- 81GA Power to complete matters—Judges of the Court and reserve Judges
- 81H Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
- 81J Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
- 81K Transitional provision—Justice Legislation Further Amendment Act 2016
- 82 Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court
- 83 As to pensions of Judges of the Supreme Court and their partners and children
- 83AAA Effect of part-time service arrangement on judicial pensions
- 83AA Election of Judges of the Supreme Court to commute future pensions for payment of superannuation contributions surcharge
- 83AB Actuary's first calculation after election of Judges of the Court to commute pensions
- 83AC Actuary's second calculation after the Judges' elections to commute pensions and payment of lump sums
- 83AD Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge
- 83AE Actuary's calculation after former Judges' election to commute pensions
- 83AF Payment and commutation of pensions of former Judges of the Court
- 83AG Election of Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
- 83AH Actuary's calculation of reduction of pensions of Judges' partners and eligible children
- 83AI Payment and commutation of pensions of former Judges' partners and eligible children
- 83A Salaries, allowances and other conditions of service of Associate Judges
- 83B Salary, allowances and other conditions of service of reserve Associate Judges
- 83C Appropriation of certain amounts in relation to reserve Associate Judges
- 84 Judges not to hold any other place of profit
- 84A Judges serving under part-time service arrangement not to engage in legal practice or other paid employment
- 85 Powers and jurisdiction of the Court
- 86 Power to Judges to award habeas corpus
- 87 Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances
PART IIIAA--THE JUDICIARY
Division 1--Preliminary
- 87AAA Definitions
Division 2--Judicial offices
Division 3--Judicial Commission of Victoria
Division 4--Board of Judicial Commission
- 87AAM Board of Judicial Commission
- 87AAN Judicial members of the Board
- 87AAO Appointed members of the Board
- 87AAP Suspension of appointed member
- 87AAQ Cessation of appointment of appointed member
Division 5--Investigating panels
- 87AAR Appointment of investigating panels
- 87AAS Membership of investigating panel
- 87AAT Remuneration and allowances of investigating panel members
- 87AAU Pension rights of investigating panel member not affected
- 87AAV Establishment of pool
- 87AAW Appointment of persons to pool
- 87AAX Conditions for members of pool
- 87AAY Cessation of appointment or removal from pool
Division 6--Judicial Commission regulations
- 87AAZ Judicial Commission regulations
PART IIIA--DIRECTOR OF PUBLIC PROSECUTIONS
- 87AA Definition
- 87AB Appointment
- 87AC Terms and conditions
- 87AD Resignation
- 87AE Suspension and removal from office
- 87AF Pension of Director and of his or her spouse and children
PART IV--THE EXECUTIVE
- 87A Executive Council[19], [20]
- 87B Members of Executive Council[21]
- 87C Meetings of Executive Council[22]
- 87D Rules of Executive Council[23]
- 87E Advice to Governor[24]
- 88 Appointment to public offices
- 88AA Oath of office
- 88A Governor in Council may order that Ministers exercise duties etc. concurrently
PART V--FINANCIAL
Division 1--Consolidated Revenue
- 89 Consolidated Revenue
- 90 Charges of collection and management
- 91 Her Majesty not entitled to Crown revenues
- 92 Power to appropriate Consolidated Revenue
- 93 Warrants for issue of money
Division 2--Expenses of Executive Council Legislative Council and Legislative Assembly
- 94 Special appropriations for expenses of Executive Council, Legislative Council and Legislative Assembly
Division 3--Auditor-General
PART VA--SPECIAL PROVISIONS
- 94E Independence of the Ombudsman
- 94F Independence of the Electoral Commissioner
- 94G Electoral Boundaries
- 94H Access to information
PART VI--RELATION OF PUBLIC OFFICERS TO POLITICAL AFFAIRS
- 95 Officers in the public service not to take part in political affairs