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The Constitution Amendment Act.–1908.
and comprising the Assembly Divisions set forth in the First
7. For the purpose of electing Members of the House of Assembly the State of South Australia, excluding the Northern Territory thereof, shall be divided, in manner hereinafter provided, into twelve electoral districts, hereinafter called Assembly Districts, and the Northern Territory shall remain, as heretofore, one electoral district, returning two Members to the said House.
Names of Assembly
8. The Assembly Districts shall be distinguished by the names, and shall each return the number of Members, and shall comprise the former Assembly Districts set forth in the Second Schedule.
Electoral divisions of
9. Every Assembly District shall be also an electoral division of the Council District in which it is situated.
Term of service of 10. Subject to the provisions hereinafter contained as to the dis-
solution of the Legislative Council, every Member of the said Council, Ibid., 8. 11, altered. except a Member elected to fill a casual vacancy, shall occupy his
seat for the term of six years at least, calculated as from the first day of March of the year in which he was last elected, and for such further period as is provided for in the next succeeding section. Provided nevertheless, if the seat of any Member of the Legislative Council becomes vacant by death, resignation, or otherwise before the expiration of his term of service, and a Member is returned from the Electoral District in which the vacancy occurred, he shall hold office only for the unexpired term of the Member whose seat has been vacated as aforesaid, and shall, for the purpose of retirement, be deemed to have been elected at the time when such lastmentioned Member was or was deemed to be elected: Provided also that where two or more Members are so returned at the same time to fill vacated seats of unequal terms such seats shall be deemed to be held by the said Members according to their position on the poll at their election, and that he who receives the greatest number of votes shall hold the seat which has the longest term to run, and in the event of a tie the matter shall be determined by lot.
Periodical retirement of Legislative Councillors.
11. Whenever the House of Assembly is dissolved by the
Governor, or expires by effluxion of time, so many Members of the Ibid., s. 12, altered. Legislative Council
, not exceeding three for the Central District and two for each of the other Districts, as have completed the minimum term of service provided by section 10 shall retire and vacate their seats, and, subject to section 21, an election to supply the vacancies so created shall take place on the day of the next general election of the House of Assembly.
12. The The Constitution Amendment Act.—1908.
12. The periodical retirement of Members of the Legislative Order of retirement. Council under the provisions of the last preceding section shall be Ibid., s. 13, altered. determined as follows:
1. The Members retiring in each Council District shall be those
who have represented such district for the longest time,
11. If two or more Members have represented the same Council
District for an equal time, calculated as aforesaid, the order
Iu. The Legislative Council shall keep a roll of its Members,
containing all particulars necessary for the application of
13. The Legislative Council shall not be competent to proceed Quorum of the Legiswith the dispatch of business unless there are present, including the President or the person chosen to preside in his absence, at least ten Ibid., s. 15, altered. Members of the said Council.
14. The House of Assembly shall not be competent to proceed Quorum of the House with the dispatch of business unless there are present, including the Speaker or the person chosen to preside in his absence, at least Ibid., 8. 16, altered. twenty Members of the said House.
15. Subject to being sooner dissolved, and notwithstanding the Continuation or early
determination of limit of time prescribed by section 3 of “ The Constitution Act House of Assembly. (1) Whenever any House of Assembly would expire by the
effluxion of time between the thirtieth day of September
preceding such first day of March and no longer :
between the last day of February and the first day of
16. The Governor shall appoint such Returning Officers, Electoral Appointment of ReRegistrars, and other officers for the electoral districts and electoral other officials. divisions as are required by and in conformity with the provisions Ibid., s. 17. of “ The Electoral Code, 1896,” and any Act amending the said Act 667 of 1896. Code or of any Act substituted therefor, and this Act. .
17. The electoral rolls now in force by virtue of sections 18 and New electoral rolls. 19 of “ The Constitution Act Amendment Act, 1901,” for districts Ibid., s. 18, altered.
newly Act 779 of 1901.
The Constitution Amendment Act.-1908.
newly created thereunder and the alterations made in the electoral rolls of districts the boundaries of which were altered by or pursuant to the said Act, are hereby continued, and the Returning Officer for the State is hereby authorised to make such alterations in Schedule II. of “The Electoral Code, 1996,” and in any Schedule substituted therefor by any Act amending or substituted for the said Code, as shall in his discretion be necessary to carry this Act into effect; and to the extent to which such alterations are made the said Schedule and such substituted Schedule (if any) shall be deemed to be repealed or amended by this Act, as the case may be; and all such alterations, on being made by the Returning Officer for the State, and being published in the Government Gazette, after having been approved by the Governor, shall be as valid in law as if herein enacted, but in all cases the registration of electors shall be preserved as of the date of their registration at the time such alterations are or were made.
“Officers of Parlia- 18. “ The Officers of Parliament Act” shall apply to any future ment Act” to he applicable.
dissolution of the Legislative Council by virtue of the provisions in Ibid., s. 20, altered. that behalf herein contained.
Absence of Members
19. Sections 12 and 25 of “The Constitution Act” are hereby amended by substituting the words “one month” for the words “two consecutive months" in each.
20. The number of Ministers of the Crown shall not exceed Ministers.
six, one of whom shall be an honorary Minister. Such Ministers Ibid., s. 22, altered. shall respectively bear such titles and fill such ministerial offices as
the Governor from time to time appoints, and not more than four of such Ministers shall at any one time be Members of the House of Assembly. The total salaries to be paid to such Ministers shall not exceed Five Thousand Pounds per annum.
Settlement of 21. (1) Whenever any Bill for an Act has been passed by the deadlocks.
House of Assembly during any Session of Parliament, and the same Ibid., s. 24, altered. Bill, or a similar Bill with substantially the same objects and having
the same title, has been passed by the House of Assembly during the next ensuing Parliament, a general election of the House of Assembly having taken place between such two Parliaments, and the second and third readings of such Bill having been passed in the second instance by an absolute majority of the whole number of Members of the said House of Assembly, and both such Bills have been rejected by or fail to become law in consequence of any amendments made therein by the Legislative Council
, it shall be lawful for but not obligatory upon the Governor of the said State, within six months after the last rejection or failure, by Proclamation to be published in the Government Gazette, to dissolve the Legislative Council and House of Assembly, and thereupon all the Members of both Houses of Parliament shall vacate their seats, and Members shall be elected to supply the vacancies so created ; or for the Governor, within six months after such rejection or failure,
The Constitution Amendment Act.-1908.
to issue writs for the election of three additional Members for the Central District and of two additional Members for each of the other districts of the Legislative Council.
(2) After the issue of such writs no vacancy, whether arising before or after the issue thereof, shall be filled, except as may be necessary to bring the representation of the district in which such vacancy occurs to its proper number, as set forth in First Schedule hereto. Whenever there are more seats vacated by Members returned for the same district than are to be filled, and such Members' seats were of unequal tenure, the seats of those Members the unexpired portions of whose terms are the shorter shall be first filled.
(3) Upon every such dissolution of the Legislative Council the order of retirement, as between the Members elected after such dissolution, shall be as provided in section 12 of this Act; and one half of such Members shall retire after three years' service, calculated from the first day of March of the year of their election, or after such further period as is provided for in section 11.
22. (1) Whenever a casual vacancy occurs in the Legislative Concurrent writs of Council at or near the time when the Governor is issuing, or is about to issue, a writ or writs for periodical or other elections of Members of the Council, and such vacancy is to be filled, the President shall in his writ for filling the same fix, if practicable, the same days for nomination and polling respectively as are fixed by the Governor in the writ or writs issued by him.
(2) The elections so ordered for the same day shall in each district be conducted as a single election for all the Members to be so elected therein, one and the same form of voting paper being used for all voters; and the Returning Officer shall indorse upon the writ issued by the Governor the names of the elected candidates who, being the number therein required, polled the most votes, and the names of the remaining elected candidate or candidates he shall indorse upon the writ issued by the President of the Council. In the event of two or more elected candidates polling an equal number of votes the Returning Officer shall, by drawing lots, decide which of such candidates is to be deemed, for the purpose of this section, to have polled the greatest number and which the next to the greatest number, and so on as the case may require.
23. (1) No Member of Parliament shall be permitted to sit or Oath of allegiance. vote therein until he has taken and subscribed the following oath Act 2, 1855-6, s. 22. before the Governor, or before some person or persons authorised by the Governor to administer such oath :“I do sincerely promise and swear that I will be faithful and
bear true allegiance to His Majesty King EDWARD THE
The Constitution Amendment Act.—1908.
dependent on and belonging to the said United Kingdom; and that I will defend him to the utmost of my power against all traitorous conspiracies and attempts whatsoever which shall be made against His person, crown, and dignity; and that I will do my utmost endeavor to disclose and make known to His Majesty, His heirs and successors, all treasons and traitorous conspiracies and attempts which I shall know to be against Him, or any of them: and all this I do swear without any equivocation, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons whatever to the contrary. SO HELP
ME GOD!” (2) It shall not be necessary for any Member of Parliament who has taken the oath prescribed herein to again take the said oath in the event of the demise of the Crown; such oath shall be deemed to relate to the Sovereign, His heirs, and successors according to law, and the name of the Sovereign for the time being shall be substituted as occasion requires.
(3) Nothing in this section shall be deemed to affect the operation of “The Affirmations Act, 1896.
Act 671 of 1896.
Resignation of Mem- 24. Sections 11 and 23 of the Constitution Act are hereby so far bers of Parliament. Amendment of secs.
amended as to permit Members of either House to resign their seats, 11 and 23 of Consti- by writing under their hands addressed and delivered to the lution Act 2of 1855-6. Governor, whenever it happens that there is no President or
Speaker, as the case may be, or that the President or the Speaker is absent from the State or is incapacitated from performing the duties of his office.
In the name and on behalf of His Majesty, I hereby assent to this Bill.
GEORGE R. LE HUNTE, Governor.