the constitution act amendment act 1915

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•602= THE CONSTITUTION ACT AMENDMENT ACT. [6 GEO. V.
THE CONSTITUTION ACT AMENDMENT
ACT 1915,
An Act to consolidate the Law relating to the
No. 26.J2.
Amendment of the Constitution.
[6th September, 1915.J
WHEREAS it is provided in. the sixtieth section of The. Constitu-
rnsamble.
1R and 19 Vict. tion Act that the Legislature of Victoria has full power find
«ap. 6fi. authority from time to time by any Act or Acts to repeal alter or vary
Schedule.
all or any of the provisions of the said Act and to substitute others in
lieu thereof: And whereas various amending Acts have from time to
The Con-
^Mutton Act time been duly passed : And whereas it is expedient that the said
AwctldiA&it Ac,
1890. amending Acts should be consolidated: Be it therefore enacted by the
King's Most Excellent Majesty by and with the advice and consent of
the Legislative Council and the Legislative Assembly of Victoria in this
present Parliament assembled and by the authority of the same as
follows (that is to say) :—
short tale 1. Tliis Act may be cited as The Constitution Act Amendment Act
a^™dVisionent 1915, and shall come into operation on the first day of October One
thousand nine 'hundred und fifteen, and is divided into Parts and
Divisions as follows:—
EAKT I.—The Crown ss. 4-10.
'Division 1.—Title and Privileges of Parliament ss.
11-13.
Division 2—Officials in Parliament ss. 14-28.
Division 3.—Members of the Commonwealth Par
liament ss. 29 and 30.
PART II.—
Parliament Division4.—Summoningof Parliament ss. 31 and 32,
Generally •{ Division 5.—Provisions relating to Appropriation
ss. 11-40. Bills and Disagreements between the Houses
ss. 33 and 34.
i Division 6.—Eemale Electors s. 3.")>
Division 7.—Chief.Electoral Officer s, 36.'
Division 8.—Publication of Parliamentary Proceed^
i in«s SB. 37-40;
No. 2632.'] THE. CONSTITUTION:ACT AMENDMENT ACT'1915. 603
Division 1,—Provinces- and Members ss. 42 and 43.
Division 2,—Seats ss. 44-46.
Division 3.—Qualification &c. of Members ss. 47-53.
Division 4,—Appointment-of Acting President s. 54.
Division 5.—Qualification of Electors ss. 55-62.
f(l) Issue of Electors'
Rights and Pre
paration of Lists
J. ART, IHI.,—
of Electors ss.
Legislative
<J 63-91.
Council
(2) Revision Courts
set 41-128. Division'6.—Registration of
•{ and Preparation
Electors- ss 63-114.
of ordinary Elec
toral Rolls ss. 92-
110.
(-3) Rolls of Ratepay-
ing Electors ss.
111-114.
Division^—-Miscellaneous ss. 115-128. -
Division 1.—Districts-and Members ss. 130-132.
Division 2.—Qualification of Members ss. 133-134.
Divisiou 3.—Reimbursement;of Members' Expenses
s. 135.
Division 4,—Duration of Assembly s. 136.
Division,5.—Qualification,of Electors ss. 137-139.
'(1) Electoral Inspec
tors and Regis-
trars ss. 140 and
PART IV,— 141
Legislative (2.) i General Lists of
Assembly Electors ss. 142-
ss. 129-1,92. 153.
Division 6.—Registration of •i (3) Revision Courts
Electors ss. 140-175. and General
Rolls of Electors
ss. 154-167.
(4). Claims for Enrol
ment and Trans
fer, of Electors
ss. 168-175.
Division 7.—Miscellaneous ss. 176-^-192.
'Division l1.—Returning Officers and Polling Places-
SB. 198^-]96.'
Division 2.'—Writs ss. 197-202,'
Division 3.—Duties of Returning Officer on receipt
"PART V.— of'Writ ss. 203-204.
Elections'' •{ Divisiona:—Nominations and'Candidates- SP. 205-
ss. 193-345': 207.
Division 5'.—Dejwsit Moneys-ss. 208-209.
Division 6.T—Deelaration of Election- where- num
ber of Candidates-doe»-not exceed'number of
Members-tO'be eleetedls, 210)
604 THE CONSTITUTION ACT AMENDMENT ACT 1915. [,6 GEO. V.
Division 7.—Duties of Returning Officer where
number of Candidates exceeds number of Mem
bers to be elected s. 211.
Division 8.—Retirement of Candidates s. 212.
Division 9.—Arrangements for taking poll: Hours
of polling ss. 213-224.
Division 10.—Provisions applicable to Elections
for the Council only ss. 225-235.
Division 11.—Provisions applicable to Elections for
the Assembly only ss. 236-247.
PART V.— , Division 12.—Provisions applicable to Elections for
Elections. ** the Council or for the Assembly ss. 248-270.
Division 13.—Voting by Post ss. 271-290.
Division 14.—Compulsory Preferential Voting at
Elections for the Assembly ss. 291-300.
Division 15.—Recount of Votes ss. 301-308.
Division 16.—Regulation of Elections Bribery &c.
ss. 309-320.
Division 17.—Offences in respect of Elections ss.
321-323.
Division 18.—Limitation of Election Expenses :
Illegal Practices ss. 324-335.
_Division 19.—Miscellaneous ss. 336-345.
'Division 1.—Committees of Elections and Qualifi
PART VI.— cations ss. 346-363.
Committees •{ Division 2.—Committee of Public Accounts ss.
ss. 346-367. 364-366.
^ Division 3.—Joint Library Committee ss. 367.
PART VII.— 1 Division 1.—Costs of Promoters and Petitioners ss.
Taxation of 370-380.
Parliament • Division 2.—Costs of Parliamentary Agents and
ary Costs ss. others ss. 381-389.
368-400. ^Division 3.—Taxing Officers ss. 390-400.
PART VIIL.—Officers of Parliament ss. 401-422.
PART IX.—Relation of Public Officers to Elections and Political
Affairs s. 423.
Repeal. 2. The Acts mentioned in the First Schedule to the extent to
First sch«tule, •which the same are thereby expressed to be repealed are hereby repealed.
VltuLiaAAct Such repeal shall not affect the period or any provision relating to
rJ£?'?di'KntA<* the period for which seats are held or are to be held by members of
saving. the Council or the Assembly where such members tire members at or
immediately before the commencement of this Act or are elected
subsequently after the commencement of this Act to fill seats vacant
at such commencement or any pension indemnification or confirmation
given or granted, or any remission of any penalty or sum of money
made or any power to remit any such penalty or sum of money
conferred, or any adoption of a seal validated, or any appointments of
officers or other persons or of polling places made and in force, or any
certificates books of certificates electors' rights and butts or any lists or
rolls or copies thereof respectively or any rule or regulation or cancel
lation made or any notice given, or any advertisement published or
any impression of stamps writ endorsement or any other instrument
No. 2632.] THE CONSTITUTION ACT AMENDMENT ACT 1915. 605
book paper writing or document whatsoever (whether of the same kind
as those hereinbefore enumerated or not) kept issued made used signed
certified transmitted published validated or otherwise howsoever of virtue
under the said Acts or any of them before the commencement of this
Act.
3. In the construction of this Act, unless inconsistent with the interpretation,
context or subject-matter— StittJoJi Act
"Assembly" means Legislative Assembly of Victoria. JJ2*,'SS6!,"M~,
,-/-,,. r. mf , r\ai jt u in * j? r*i i f\a: .act 1890»». 29
Oniet JLiectorai Unicer means tne Ohiei iijJectoral Umcer <& SM.
under this Act. Tks c™*
<tr*\\ 1 JJ * 1 J ..I j, 1 1 v» j.v • . J- HJ n 1 J» tf(t/t«M>?*- Act
tjjerk memoes tne town clerii ot tne city ot Melbourne ana or 1903». 4.
the city of Geelong and of every city town and borough and ^(ora' -*c.(
the secretary of every shire
" Council " means Legislative Council of Victoria
" District" means electoral district
*' Division " means electoral division of a province or electoral
division of a district (as the case may be)
" General election " means an election at which all the members
of the Council or of the Assembly (as the case may be) have
to be elected
" Inspector " means electovnl insnpetor
" Muuicipalitv " includes the cityof Melbourne and the city of
CVelontr and every citv town borough and shire
" Muiitcipal district " meatis the district under the local govern
ment of a irmnirmalirv
"Pari! nipnt " nipins The Pirliament of Vietorii
''Part" means Part of this Act and inclndes *iriy ^fhedule
*r> prpiii snppifipd
" Period t PI 1 plwtmn . whpvp vefprrinfj- to the rminril mpans in
pWti' fit ' i>l half nf'thp inp be-a of thp Pun fil Via' c
tn hp plprtpfl
"Prescribed means prescribed by this Act or by regulations
"President means President of the Council.
" P > " l -t l
" M v<-•r" . 1 r •• I • ' r •• ". d "T> t r Ti ' t "
° , * ," \ °i , ' ' Pi g
1 |
„ 1 ? n )j Q V, 1 1 t ih'1 A
a
K S d j) Ol -F +V, A V.1
PART 1.—THE CROWN.
4. All things done within Victoria at any time after any demise certain acts not
of the Crown but before the Governor by his proclamation published in by aedemue ot
the Government Gazette has notified such demise and which but fortne Crown-
,, . . , . , , , j ^ i ii i j • I_UL ii jyj. The Con- •
this Act might be anected by such demise shall have the same ertect ititutvmMt
and be of the same force as if no such demise had happened, w AuTmoTL
5. The Parliament in being at any future demise of the Crown Demise or the
in i-i !• • i T l ii ii • i j . 1 11 ._* Crown not to
shall not be determined or dissolved by such demise, but shall continue dissolve
so long as it would have continued but for such demise, unless it is P'rlllinient-
sooner prorogued or dissolved by the Governor.
I
(a) See the Act 1 Edw. VII, c. 5 s. 1.
606 THE CONSTITUTION ACT AMENDMENT ACT 1915, [6 GEO. -V.
TheCon- 6. Every commission warrant or other authority for the exercise
Amendment >* any office or employment of tiny kind or nature within Victoria
Actisso*s .. iisued or rxercised by yhe Goveenor ii Councii or rhe Governor or rb
•tioiitaP&cri>ythe finv otlier person in the name and on behalf of His Majesty or of any
coventor to con- of Jjjn succcceors st the erown ni nirtue ef his sffice eo rnder rhe
tinue in force . * ^ . ^ , ^
notwithstanding authority ot anv Act of the Imperitil Parlianient or of the rai'liarucut
demise of the j? ir 4-^^ - I* i~ t. 1 ±* 1 AI - -j - ,. — ^j." 1
crown! 01 Victoria or 01 any rules or regulations made thereunder respectively
shall continue in full force notwithstanding any demise of the Crown
and be of the same effect as if no such demise had happened/")
Aiicihiior 7. No action suit or otler process or proceeding civil or criminal
criminal process ;_ „,. 4-- „..i * 1, tr;, Ti/r *,,„4..r ,,„ ,„, ,.p 1,;, „ * ,„,„,.„ *V ii,„ fi..,.,.,,, ;, „
&a. tomibsist ln or to winch Mis Majesty or any ot Ins successors to the thrown is a
mtwithsundintr Pai'ty or which has been commenced or carried on in his name or by
demise. lug authority shall by reason of his demise abate discontinue or be m
any manerr affected; but every such action suit process or proceeding
shall be carried on enforced or otherwise completed or acted on in the
name of the reigning Sovereign for the tunc being and as 11 such
\.l t l_l_L I fj C lltLU. LI (J I/ 11IJ-IJ IJ1_I 4J.(_IU.+
Contracts by or 8. All contracts of every kind lawfully entered into by or on
Majesty! behalf of His Majesty or any 01 his successors to the Grown with any
ii>.t. o. person body or authority and all benefit and advantage thereof and all
liability in respect thereof shall attach and belong to the heirs and
successors of His Majesty or of fiuch successors (as the case may be)
although they are not expressly named in any such contraat.
Exercise by the 9. Where in and by tiny grant from the Crown or lease from the
powera^i™nto Crown or deed or document any exception or reservation is made in
Tnfa^r'^Hte favour of or any power is given to His Mtijesty or His Majesty
Majesty. his heirs and successors, the Governor may on behalf of eiis Msijesty
or Mig Majesty his heirs and successors take the benefit and advantage
of any siuh exception or reservation and may exercise any such power
in ijhe same nianner as His jYiajesty 01 His iiLajesty his hens and
successors niigMj have oone.
Appropriation 10. (1) The Governor shall not receive in imy year for Hie salaries
forst&ltoiid n , , jS, j, .... •> •> . .,
otheresiMuses ot the statt or tor travelling expenses or for any other allowances or
°t e_^over"o-' contingencies whatsoever any sum beyond the sum of Five thousand
(B
Gouernor** pounds for the Governor's salary named in the First Part of
^Jduttion AH Schedule D to The Constitution Act as ;amended and shall defray the
isoss.3. salaries of his staff his travelling and all other - expenses excepp
tli^Varthar repairs so Government Hoose eut oo fuch halary,
wottt (2) T!'e.Fi.L!st Fy\ of li,e said Schedule V» nhalb er reaa aid 1on-
fi
ThcCoMtiuuitm sum eel ds 11 in neu u1 tne nfnres "£1 uoo in sucn h"ic tne e^urcs
5
Part T tit ^ph 11 ^^
Povernor's -n -. r . ,-,
salary PART II.—PARLIAMENT GENERALLY.
Destination Of ™rwrc,¥rtvT 1 _mi™i) ^1.1^. mmriTnmis n«> nmf n v r un
Legislature. DIVISION 1.—'TITLE AND PHIVILBuES OF FARLIAJIEN1.
ttuutfon Act 1 1. 'The Legislature of Victoria shall be and is hereby designated
Amauimant "The Parliament of Victoria."
Atl 1S90 *. 8.
Pporfwvfel ra &Mc . of *,n lliJ' m-i f"e ,-)u ounciiiajn a. 1 tne Asssmin my respec,• ctvell yJa a. Id necomm-iii . teee
Assembly. ? *L mbe h 1 V A d A -f\ '1
•10* /!* I'll V**\^ v j-f O X ' x O
(a) See the Act 1 Edw. VII. c. 5 s. 1.
No. -2632.] -THE CONSTITUTION ACT AMENDMENT AOT'U915. *607
immunities and powers,of;the" Council and the Assembly respectively rueCon-
and of the committees and members thereof respectively are hereby
Amendment Act
defined to be the same as, at the time of1 the passing of The Constitution 1S90,
Statute were held enjoyed and exercised by .the Commons House of
Parliament of Great Britain and.Ireland and by the committees and
members thereof, so far as the same are not inconsistent with the
said Act, whether such privileges immunities orpowcrs were so1held
possessed or enjoyed by custom statute .or- otherwise.(o)
13. Any copy of the Journals of the House of Commons printed or Printed copies
purporting to be printed by the order or printer of the House of Com- Jfonse™!*1* °f
mons shall be received as primd facie evidence without proof of its being commons to be
', * ^ .. -i *+i + -- i *"Gence.
such copy,.upon any inquiry touching the .privileges' immunities and n,.. u,
s
powers of the Council or the Assembly or of any committee or
member thereof respectively.'61
'DIVISION 2.—OFFICIALS 'IN "PARLIAMENT.
*1'4. (1) "2Jo person (except responsible Ministers of the Crown) i>ui>!ic<M<xn
who'holds any office or place of profit under the Crown, or who is in pariiament"
any manner employed in the public service of Victoria for salary J^^*,^
wages .fees or emolument, shall sit or vote in the Council or the
lb s12
Assembly ; and the election of any such person to' be a member of The c™.
(tUc•CwiiHtil'Or the Assembly shall be mill atkl -void;^ IMBV.™
(2) Nothing in this section r^hall be construed to.'apply to the
President or Chairman of Committees of,the Council or the Speaker
• or Chairman of Committees of the Assembly.
. (a) JEiie .power given by The iConstitution Act, Assembly the right of judging for itself what
section 35, " for the Legislature of Victoria by constitutes a contempt, and of ordering the com
any Act or Acts to define the privileges, im mitment to prison of persons adjudged by the
munities, and powers to be iheld, 'enjoyed, arid House to have been goilty of a contempt and
exercised by the .Council and Assembly and the breach of privilege by a' general warrant, without
members thereof respectively " was well exercised setting forth the specific grounds of such com
by the Legislature of Victoria in the enactment of mitment ; the Supreme Court has no power to
20 Vict. No. 1 (re-enacted in sections 12 and 13 discharge such persons out of custody.—2?Ae
of the Act in the text). In re DUl, 1 W. &, W. Speaker of the Legislative Assembly .v. Olass,
(L.), .171 arid. 342. L.R., 3P.C, 560.
The Legislative Council and Legislative As It .was held that.the Legislative Assembly
sembly of Victoria have all the privileges, im did not.possess the privilege io authorize, by
munities, arid powers which were legally held, resolutions imposing customs duties, the officers
' enjoyed, 'and exercised by the Commons! House "of customs to 'collect such duties until- the end of
of Parliament at the time of the passing of The '•he eession no Parliament ti which huch hesolu
Constitution Ad. .Publication'outside the Par tions had been passed. The existence of such a
liament House of a newspaper article adjudged privilege is not a question of fact, but one of law.—
by the Assembly to be a libel on the Assembly, Stevenson v. The (Jueen, 2 W.W. & a'B. (L.), 143.
on a select committee thereof, and on a member of (6) Per Molesworth, J.—" This section recog
• each, in his capacity of such member, is a con- nises the convenience of producing the Journals
' tempt for'which the Assembly has authority'to .of the House of Commons ••as evidence for some
oommit. .Qu&re,,whether in a warrant issued by debatable questions. That may mean either to
the Speaker of the Legislative Assembly, to arrest enable the House themselves to decide their own
a person "for breach of privilege, by publication powers, or to enable some other tribunal to decide
of a libel, it is not necessary to allege that the on them 'when disputed by some antagonist of
privilege is one which was held, enjoyed, and the Houses."—IHU v. Murphy, 1 W. & W.
• exercistfd • by yhe e House oo fommons -a- the (L.),'842.
time of 'the passing of -The Constitution Act:— 'Per iStataeU, C-.J.—"tt is not clear from this
In re DiU, 1 W. & W. (L.), 171. section whether the determination on the, privi
The'Legislative Assembly.has the Bame powers leges -of fthe House of Commons is a detenu [nation
and privileges of committing for contempt as'the on law of which' the Judges are to have judicial
House of Commons had at the' time of the passing 'knowledge, or on facts, which are to'be Busceptible
••of the 18 & 19'Vict. c. 55. Incidont to'-those •of proof- by evidence:"—lb.' 342.
!powers-and privileges, there is -vested in the (c)'.See (note to-section.27 (2).
608 THE CONSTITUTION ACT AMENDMENT ACT 1915. [6 GEO. V.
Tktcon- 15. (1) The Governor may from tiuie to time appoint any
19»3ss b. number of officers so that tlie entire number shall not at any one
saiiHTiedofficers time exceed eight who shall be capable of being elected members of
in Parliament, j^. . fj f Parliament and of sittin0' or voting therein.
e nei 0Hse 0
(2) Such officers shall be responsible Ministers of the Crown and
members of the Executive Council, and four at least of such officers
shall be members of the Council or the Assembly.
(3) Not more than two of such officers shall at any one time be
members of the Council and not more than six of such officers shall at
any one time be members of the Assembly.
16. No responsible Minister of the Crown shall hold office for a
Mi it laters to be
Assembly'."' longer period than three months unless he is or becomes a member of
ib. «. o. the Council or the Assembly.
Ministerial 17. The total amount of the salaries to be paid to the several
salaries nut to „*„^,. ^„:"ui- Tijl-;^;^i.^«^ ^j> *-L~ /~i-.~~.~ ~ * ~.r 41. ~ ^~^~~i:A^{.*A ..^..^.^.-.^
sooted jes.joo responsible Ministers oi the thrown out ot the consolidated revenue
per annum. shall not at any time exceed the rate of Eight thousand four hundred
JO' J. T. 1 „ J • • rpi • J T >I J J C L J1 T \ i^ Wt.
pounds per annum, ana me intra t art ot Bcneauie JJ to J. fie
Constitution Act shall be read and construed accordingly.
Powerof 18. (1) Notwithstanding anything contained in The Constitution
"pciik'nether Act or in this Act any responsible Minister of the Crown who is a
Hoiioe. member of the Council or of the Assembly may at any time with the
co™. The consent of the House of Parliament of which he is not a member sit
co»rfi*(«tf™ Act in nuf b honse for rhe eurpose enly of fxplaining ghe erovisions so
any Bill relating to or connected with any department administered
by him, and may take part in any debate or disenssion therein on
such Bill, but he shall Dot vote except in the House of which he is an
elected member.
(2) It shall not be lawful at any one time for more than one
responsible Minister under the authority of this section to sit in the
House of which he is not a member.
power to restore 19. The Governor may restore anv office named in Schedule D
aTbho<lis hceadn o- ffices. . to „1., ,h e „C onsti.t utio.n A. ct w, h•>i.c ,h , lias i_b een* a1b oli-i s1h ed1 undj er jt.ih_ e provisions
^tneitdwient Act °^ se°tion forty-eight of The Constitution Act.
18001.10. irrovided that such restoration shall not be inconsistent with the
^UTLVIIL"" Provisious °f any Act respecting any such office ; and that the sums
schedule D. appropriated by the Third and Fourth Parts of the said Schedule as
limited by section seventeen of tliis Act shall in no case be exceeded.
Responsible 20. Notwithstanding anything in the The Constitution Act or this
Kmister not A J. + 1 i r L\ T * i 1* si *i !• 1.1
required to Act in any case where a member ot tne Legislative oouncil or of the
ap^ntme'nt"!* Legislative Assembly is appointed by the Governor as an officer
office. capable of being elected member of either House of Parliament and
Pariimnait tct °o fitting oo roting therein the eaceptance by him oo fhe eapointment
1014 s. i. shall not vacate his seat.
for two offices. 21. J-i any person accepts any two of the offices hereinbefore
jWatitm Act ,
1800». si. 22. Any person who is returned to serve as a member of both
« S tS both Houses of Parliament shall, within ten days after the meeting of
i>»jniuriotitto -tjirliament or if Parliament is then in session within fourteen days
Ibe t. 22
No- 2632.] THE CONSTITUTION ACT AMENDMENT ACT 1915. 609
writing to the President and the Speaker respectively that he elects to Thecm-
retain Jus seat in the Council or the Assembly (as the case may be) : Amendment Act
and in default of his doing so the seat of such person in both Houses im
shall be deemed to be and shall become vacant.
23. Any person who is returned to serve as a member of the Person returned
Council or the Assembly (as the case may be) for two or more or'SicS™008
provinces or districts shall, within ten days after the return of the<^^t *which
( sn
writ which is last returned, give to the President or the Speaker notice /*,,_ .
23
in writing for which of the provinces or districts he intends to retain
his seat.
24. No person who is either directly or indirectly concerned or f™*™^™not
interested in any bargain or contract entered into by or on behalf of . .
Ib ft Jg
His Majesty, or who participates or claims or is entitled to par- see coimty
i- • - J. 'J.U J- ii ' i- j.1 • il £i j-1 „ t i - -, Court AttlSK
ticipate either directly or indirectly in the profit thereot or in anys.».
benefit or emolument arising from the same, shall sit or vote in the
Council or the Assembly; and the electton of any such person to be
a member of either of the said Houses shall be absolutely null and void.
25. If any member of the Council or the Assembly either directly seats to become
or indirectly becomes concerned or interested in any bargai 11 or COU- cases.
tract entered into by or on behalf of His Majesty, or participates or The e™-
claims or is entitled to participate either directly or indirectly in the Amendment Ad
profit thereof or in any benefit or emolument arising from the same, 1S9°*'19-
or becomes bankrupt or insolvent or applies to take the benefit of any
Act for the relief of bankrupt or insolvent debtors, or compounds with
his creditors or (unless in the cases excepted by sub-section ('Z) of AndseeThh
section twenty-seven) accepts any office or place of profit under the Acts. xxiv.
Crown, or in any character or capacity for or in expectation of any fee
gain or reward performs any duty or transacts any business whatsoever
for or on behalf of the Crown, his seat shall thereupon become vacant.
26. Nothing hereinbefore contained shall extend or apply to any ceriain
bargain or contract entered into by any company partnership or Sc*pte!i.rs
association consisting of more than twenty persons where such bargain The Con
or contract is entered into for the general benefit of such company 3|J3»I™*J*O*
partnership or association, or to any lease licence for occupation sale or 18W* w-
purchase of any land, or to any agreement for any such lease sale
or purchase or for the occupation of such land or for any easement
therein or for the loan of money, or to any security for the payment of
money only.
27. (1) If any person while he is a member of the Council or Members of
,i i T i *ii — ii j?i ' -_ L v "L - l-~ Parliament not
the Assembly or within six mouths alter ceasing to be such member to ei)tcertain
BqC
accepts any office or place of profit under the Crown, he shall forfeit J*™9' ^
the sum of Fifty pounds for every uweek that lie holds such office ss '
or place to be recovered with full costs of snit by any person who
sues for the same in anv court of competent jurisdiction.
(2)(a} This section "shall not extend or apply to any person accepting
the office of
/ \ 'pnoeidleint ClifiirTiiati of (Viminittpf"s of the LeoHslative
AP
Council * °
I
(a) See section 124 (4) as to municipal clerks receiving a salary under the Act, and section 135 as
to reimbursement of members' expenses.
VOL. I.—2 Q
610 THE CONSTITUTION ACT AMENDMENT ACT 1915. [6 GEO. V.
The Con- (b) Speaker or Chairman of Committees of the Legislative
ttUalion Act Assembly;
Amtndment
.drtlSOO. (c) Responsible Minister of the Crown ;
(d) Judge of the Supreme Court; or
((?) Agent-Getieral.
Responsible (3) No responsible Minster of the Crown appointed by the
Ministers not P,™/i.i«#»i. olmll K« li ,KI,» 4-^ r....f ci»;.K KA,,OU„ k,, -..nno^.« „4' l,;_ I, „,,;„„
liable topennity. wovci noi suan oe uume to any sncii penalty oy leason 01 nis Having
ib. s. 28. accepted the office of such Minister whether the warrant attaching a
salary to such office was made out at the time he accepted such office
or at any subsequent period.
]*jn»i ties for 28. Any person who wilfully offends against the provisions of this
th™mvisfonnor Division of this Part or section twenty-four of The Constitution Act
jsiunst section shall forfeit and pay for every such utfence a sum of Two hundred
24 Of Fkt j , n 1 * I J» 11 L< '-L 1 1
Coiutitiuha pounds, to be recovered with lull costs or suit by any person who sues
for the same in any court of competent jurisdiction.
The CviKtitJtiion J L •!
Acts. XXLV.
DIVISION 3.—MEMBERS OF THE CO II HONWEALTH PARLIAMENT.
29. No member of either House of the Parliament of the Com
Disqualification
of Federal monwealth of Australia shall at ttie same time be qualified for
Members for
Victorian nomination or election as a member of either House of the Parlia
Parliament. ment of Victoria.
The Con-
stiuuion Act
Amendment 30. When any member of either House of the Parliament of
Act 1900 s. 2.
Members of Victoria is elected a member of either House of the Parliament of the
Victorian
Commonwealth of Australia—
Parliament
elected to (a) if no petition is lodged against the return of such membi'r
Federal
Parliament. to the Parliament of the Commonwealth of Australia
Ib. s. 3. within the period provided for lodging such petition then
upon the expiration of such period ; or
(b) if such a petition is lodged within such period and is after
wards nnally determined in his favour—then upon final
determination,
his seat in the Parliament of Victoria slntll forthwith become vacant.
DIVISION 4.——SUMMONING Olf PARLIAMENT.
31. The Governor may by proclamation summon the Council and
Summoning of
-Y1'^"0"*' the Assemblv to meet for the despatch oi' the business of Parliament
The Con- , */1 , ' J _p x ll j» j.1 l i. i* I
ttutttim Art on any day not less than six. days trom the day or the date or such
OAactfhi iowf ifvr. procl3a2m. a(ti1o)n .N o member either of the Council or the Assembly shall
allegiance. be permitted to sit or vote therein respectively until he has taken and
Ib. s. 28.
subscribed before the Governor 0or some person authorized by the
Oaths and
Evidence Act Grovernor in that behalf the oath in the Second Schedule.'0'
1800 s.1.
(2) Whenever the demise of His Majesty or of any of his suc
Second
Schedule. cessors to the Crown is notified by the Governor to the Council and
the Assembly, the members of the Council and of the Assembly shall
before they are permitted to sit and vote therein respectively take and
subscribe the like oath to the successor for the time being to the
Crown.
(a) See the Evidence Act, section 93 (7).
No. 2632.] THE CONSTITUTION ACT AMENDMENT ACT 1915. 6LI
DIVISION f>.~—PROVISIONS DELATIN (it TO APPROPRIATION JilLLS AND
DISAGREEMENTS BETWEEN THE HOUSES.
33. (I) A Bill shall not be taken to be a Bill for appropriating r^con-
any part of the revenue of Victoria or for imposing any duty rate tax f^i*n^a
rent return or impost by reason only of its containing provisions for Appropriation
the imposition or appropriation of fines or other pecuniary penalties B
or for the demand or payment or appropriation of fees for licences or
fees for services under such Bill.
(2) The Council may once at each of the undermentioned stages Power of
^Ji T>-11 L * 1_ 4.1. /I *1 - 4. U A 1 Tk'Ti A il A II Council tO
or a Bui which the Council cannot alter return such Bill to the Assembly euggeet
suggesting by message the omission or amendment of any items or A^ro^rittMoD
provisions therein. And the Assembly may if it thinks fit make any Bilk
of such omissions or amendments with or without modifications.
Provided that the Council may not suggest any omission or
amcudment the effect of which will be to increase anyproposed charge
or burden ou the people.
(3) The stages of a Bill at which the Council may return the Bill
with a message as aforesaid shall be—
(a) the consideration of the Bill in Committee;
(b) the consideration of the report of the Committee; and
(c) the consideration of the question that the Bill be read a
third time.
34. (1) If the Assembly passes any Bill and the Council rejects or provtaionfor
r 'i - *. ^ „ • '. ..1 „ j _x i i_ * "L J.1 A „ n disagreement*
tails to pass it, or passes it with amendments to which the Assembly between nooses
will not agree, and if not later than six months before the date of the ^toB1118-
expiry of the Assembly by effluxion of time, the Assembly is dissolved **•*•31-
by the G-overnor by a proclamation declaring such dissolution to be
granted in consequence of the disagreement between the two Houses as
to such Bill, and the Assembly again passes the Bill with or without
any amendments which have been made suggested or agreed to by the
Council, and the Council rejects or fails to pass it or passes it with
amendments to which the Assembly will not agree, the Governor at
anytime not being less than nine months nor more than twelve months
after the said dissolution may notwithstanding anything contained in
The Constitution Act dissolve the Council and the Assembly simul
taneously.
(2) The Council shall be deemed to have failed to pass a Bill if Meaning of
ii ii*ii * i. u J J. 4.1 \ „ ™i i '4.1 * 4.u-„., „ J.1 A 'i-. failure t° pass
the Bill is not returned to the Assembly within three months alter its BUL
transmission to the Council and the session continues during such
period.
(3) Any Bill by which an alteration may be made in the consti- Exemption,
tution of the Council or the Assembly or in Schedule D to The, Con
stitution Act (other than such alterations as are referred to in section
sixty-one of the said Act) shall not be within the operation of the
foregoing provisions of this section.
(4) In section sixty-one of The Constitution Act, after the words Amendment oi
• " ,, , i, , , , ,, , ,, i " T ., section LXI. ol
"or increase there snail be inserted the words or decrease, and the Theconttvution
said section shall be read and construed accordingly.
2 Q 2