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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
INTEGRITY COMMISSION (MEMBERS OF PARLIAMENT)
BILL 2021
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6A inserted (When a person is still a Member of Parliament)
6A. When a person is still a Member of Parliament
5. Repeal of Act
[Bill ]
2
INTEGRITY COMMISSION (MEMBERS OF
PARLIAMENT) BILL 2021
(Brought in by Cassandra Stanwell O'Connor MP)
A BILL FOR
An Act to amend the Integrity Commission Act 2009 to provide the
circumstances when a Member of Parliament is still considered a
Member of Parliament despite the vacation of their seat
Be it enacted by Her Excellency the Governor of Tasmania, by and with
the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Integrity Commission
(Members of Parliament) Act 2021.
2. Commencement
This Act commences on the day on which this Act
receives the Royal Assent.
3. Principal Act
In this Act, the Integrity Commission Act 2009* is
referred to as the Principal Act.
*No. 67 of 2009
[Bill ] 3
Integrity Commission (Members of Parliament) Act 2021
Act No. of 2021
s. 4
4. Section 6A inserted (When a person is still a Member of
Parliament)
After section 6 of the Principal Act, the following section
is inserted in Part 1:
6A. When a person is still a Member of Parliament
(1) For the purposes of this Act, a person is still a
Member of Parliament -
(a) in the case of the Assembly, if an
Assembly expiration has occurred, and
the person was a member of the
Assembly immediately prior to the
Assembly expiration, if -
(i) nomination day in respect of
that Assembly expiration has
not transpired; or
(ii) nomination day in respect of
that Assembly expiration has
transpired, and the person is a
candidate of an Assembly
election in respect of that
nomination day; or
(b) in the case of the Legislative Council, if a
seat of the Legislative Council becomes
vacant due to a Council election, and the
person held that seat immediately prior to
the vacancy, if -
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Integrity Commission (Members of Parliament) Act 2021
Act No. of 2021
s. 4
(i) nomination day in respect of
that Council election has not
transpired; or
(ii) nomination day in respect of
that Council election has
transpired, and the person is a
candidate in that Council
election.
(2) For the purpose of subsections (1)(a)(ii) and
(1)(b)(ii), a person is a candidate in respect of an
election, if -
(a) the person has been publicly announced
as a candidate under section 87 of the
Electoral Act 2004 in relation to that
election; and
(b) the person has not withdrawn their
nomination under section 87 Electoral
Act 2004 in relation to that election; and
(c) the declaration of polls in respect of that
election has not transpired.
(3) In this section -
Assembly means the House of Assembly of
the Parliament of Tasmania;
Assembly election has the same meaning as in
the Electoral Act 2004;
Assembly expiration means either -
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Integrity Commission (Members of Parliament) Act 2021
Act No. of 2021
s. 5
(a) a proclamation dissolving the
Assembly is published in
the Gazette; or
(b) the terms for which Members of the
Assembly have been elected expire
by effluxion of time -
has occurred.
Council election has the same meaning as in
the Electoral Act 2004;
declaration of polls has the meaning
conferred by section 148 of the Electoral
Act 2004; and
nomination day has the same meaning as in
the Electoral Act 2004.
5. Repeal of Act
This Act is repealed on the three hundred and sixty fifth
day from the day on which all of the provisions of this Act
commence.