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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Constitution (Independent Speaker) Amendment
Bill 2021
A BILL FOR
An Act to amend the
Constitution
Act 1934
.
Contents
Part 2—Amendment of Constitution
Act 1934
3Amendment of section 34—Election of
Speaker
Schedule 1—Transitional
provision
1Speaker continues to hold office until next
sitting day
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Constitution (Independent Speaker)
Amendment Act 2021.
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 34—Election of Speaker
(1) Section 34(1)—after "vote of the House" insert:
or in accordance with this section
(2) Section 34—after subsection (3) insert:
(4) A person who has been elected as Speaker must not, while occupying
that office, be a member of, or actively participate in the votes and
proceedings of, a registered political party.
(5) A member of a registered political party who is elected as Speaker and
who does not resign from that party by the end of the day on which they were so
elected will, at the end of that day, immediately vacate the office of
Speaker.
(6) In this section—
registered political party has the same meaning as in the
Electoral
Act 1985
.
(7) For the avoidance of doubt, a reference in this section to the votes
and proceedings of a registered political party does not include votes and
proceedings of the House of Assembly or a parliamentary committee of, or
including, members of the House of Assembly.
After section 34 insert:
34A—Removal of Speaker
(1) A person holding office as Speaker will immediately vacate that office
if, on a motion approved by a majority of members of the House of Assembly in
accordance with this section, the House of Assembly votes to remove the
Speaker.
(2) A motion may be moved under this section by any member of the House of
Assembly but will be of no effect unless—
(a) if it is the first such motion to be moved in relation to a particular
person holding office as Speaker in that Parliament—the motion is seconded
by another member of the House; or
(b) if it is the second or subsequent such motion to be moved in relation
to a particular person holding office as Speaker in that Parliament—the
motion is approved by a majority of members of the House.
(3) A vote on a motion under this section must be conducted by ballot in
accordance with the procedures determined by the House of Assembly in relation
to the election of the Speaker.
Schedule 1—Transitional
provision
1—Speaker
continues to hold office until next sitting day
Despite section 34 of the
Constitution
Act 1934
(as amended by this Act), the person holding office as the Speaker of the
House of Assembly immediately before the commencement of this Act continues to
hold such office until the first sitting day of the House of Assembly occurring
after the commencement of this Act.