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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Miscellaneous) Amendment
Bill 2011
A BILL FOR
An Act to amend the Constitution
Act 1934.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Constitution
Act 1934
3Amendment of section 6—Place and time for
holding sessions of Parliament
4Substitution of
section 7
7House of
Assembly sitting days
5Amendment of section
28—Term of House of Assembly
6Amendment of section
28A—Early dissolution of House of Assembly
7Insertion of
section 28B
28BPetition for
early dissolution of House of Assembly
8Insertion of
section 65A
65ALimitation on
period for which person may hold office as Premier
Part 3—Transitional
provision
9Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Miscellaneous) Amendment
Act 2011.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Constitution
Act 1934
3—Amendment
of section 6—Place and time for holding sessions of
Parliament
Section 6—delete subsection (2) and substitute:
(2) There must be at least 1 session of the Parliament in each
calendar year (or at least 2 sessions in the case of a calendar year in
which an election referred to in
subsection (3)
is held).
(3) Where a general
election of members of the House of Assembly is to be held on a day fixed under
section 28, the Governor—
(a) must, before the end of the calendar year immediately preceding the
calendar year in which the election is to be held, prorogue the Parliament and
fix the first Tuesday in February of the year of the election as the time for
holding the next session of the Parliament; and
(b) must not thereafter further prorogue the Parliament prior to the issue
of a writ or writs for the election in accordance with
section 28.
(4) The Governor must give sufficient notice of the time and place fixed
for holding a session of the Parliament and of any change in that time or
place.
Delete section 7 and substitute:
7—House of Assembly sitting
days
(1) No more than
70 days may intervene between 2 consecutive sitting days of the House
of Assembly.
(2) If the issue of a writ or writs for a general election takes place
within 70 days after a sitting day, the maximum period between consecutive
sitting days referred to in
subsection (1)
is extended by the number of days in the election period.
(3) In this section—
election period, in relation to a general election, means the
period commencing on the day of issue of the writ or writs for the general
election and ending on the day on which the last writ to be returned is
returned;
general election means a general election of the members of
the House of Assembly;
sitting day means a day on which the House of Assembly sits
for the transaction of business.
5—Amendment
of section 28—Term of House of Assembly
(1) Section 28(2)—delete subsection (2) and
substitute:
(2) The Governor must, where a general election is to be held on a day
fixed under this section, dissolve the House of Assembly and issue a writ or
writs for the election 1 month prior to the day of the election.
(2) Section 28—after subsection (4) insert:
(4a) Subject to subsection (2), a writ or writs for a general
election under this section must be issued in accordance with the provisions of
the Electoral
Act 1985.
6—Amendment
of section 28A—Early dissolution of House of Assembly
(1) Section 28A(1)—after paragraph (c) insert:
(ca) the Governor is obliged to act under section 28B; or
(2) Section 28A(1)—after paragraph (d) insert:
or
(e) section 7 is not complied with.
After section 28A insert:
28B—Petition for early dissolution of House of
Assembly
(1) If the Governor receives a petition from the prescribed number of
electors seeking the dissolution of the House of Assembly and the issuing of a
writ or writs for a general election of members of the House of Assembly, the
Governor must, within 30 days of receipt of the petition—
(a) dissolve the House of Assembly by proclamation; and
(b) issue a writ or writs for a general election of members of the House
of Assembly in accordance with Part 7 of the Electoral
Act 1985.
(2) In this section—
elector, electoral district and electoral
roll have the same meanings as in the
Electoral
Act 1985;
prescribed number means 10% of the number of electors on the
electoral roll for the Legislative Council electoral district at the time of the
last general election of members of the House of Assembly.
After section 65 insert:
65A—Limitation on period for which person may hold
office as Premier
(1) A person must not hold office as Premier for a period of more than
8 years or 2 terms of the House of Assembly, whichever is the
longer.
(2) In this section—
term of the House of Assembly means the whole of the period
between 2 consecutive general elections of members of the House of
Assembly.
Section 65A of the Constitution
Act 1934 as inserted by this Act does not apply to a person holding
office as Premier immediately before the commencement of this Act.