Constitution Act 1934 (SA)

South Australia Constitution Act 1934 An Act to provide for the Constitution of the State; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Recognition of Aboriginal peoples 3 Recognition of importance of First Nations voices Part 2—The legislature Division 1—General provisions 4 Constitution of the Parliament 5 Powers of the Parliament 6 Place and time for holding Sessions of Parliament 7 Sessions of Parliament 8 Power of Parliament to alter this Act 9 Privileges of Parliament 10 Relative powers of Houses of Parliament 10A Special provisions as to referendum Division 2—Legislative Council 11 Number of members of Legislative Council 13 Casual vacancies 14 Term of service of Legislative Councillors 15 Order of retirement 16 Resignation of Legislative councillors 17 Vacation of seat in Council 19 Legislative Council district 23 Election of President of Legislative Council 24 Absence of President 25 Continuance of President in office after dissolution or retirement 26 Quorum of Council Division 3—House of Assembly 27 Number of members of House of Assembly 28 Term of House of Assembly 28A Early dissolution of House of Assembly 30 Resignation of seats in the Assembly 31 Vacation of seat in Assembly 32 Assembly districts 34 Election of Speaker 34A Removal of Speaker 35 Absence of Speaker 36 Continuance in office of Speaker and Chairman of Committees after dissolution 37 Quorum etc Division 4—Both Houses of Parliament 38 Privileges, powers etc of Council and Assembly 39 Privilege against legal proceedings abolished 40 Evidence of privileges 41 Settlement of deadlocks 42 Oath of allegiance 43 Determination of questions of vacancy 43A Disqualification of members occupying seats in both Houses 44 Disqualification of Judges 45 Disqualification of members holding offices of profit 46 Effect of election of disqualified person 46A Crown pensioners qualified for election 47 Prevention of membership of both Commonwealth and State Parliaments 48 Franchise for women 48A Non-disqualification of women as members 54A Provisions as to members of Parliamentary committees and royal commissions 55 Standing rules and orders 56 Governor's Message 57 Restoration of lapsed Bills 58 Provision as to President, Speaker, and officers 59 Governor's recommendation for money votes Division 5—Money Bills 60 Interpretation of sections 60–63 61 Origin of money Bills and money clauses 62 Power of Council as to money clauses 63 Restriction on contents of ordinary appropriation Bill 64 Validity of Acts assented to Part 2A—Local government 64A Constitutional guarantee of continuance of local government in this State Part 3—The executive 65 Number of Ministers of the Crown 66 Ministerial offices 67 Appointment of acting Ministers 67A Parliamentary Secretaries 68 Appointment of officers 69 Powers of Governor's Deputy 70 Power of deputy of Lieutenant-Governor or Administrator 71 Signature of certain orders etc 71A Validation of certain warrants etc 73 Governor's salary 73A Costs associated with Governor's official duties 73B Appropriation Part 4—The judiciary 74 Tenure of office of Judges 75 Removal from office of Judges 75A Operation of Part Part 5—Electoral redistribution Division 1—Preliminary 76 Definitions 77 Basis of redistribution Division 2—Electoral Districts Boundaries Commission 78 The Commission 79 Incorporation of the Commission 80 Procedure etc at meetings 81 Staff 82 Electoral redistributions 83 Criteria 83A Review 84 Application of Royal Commissions Act 85 Representations to the Commission 86 Order of the Commission 87 Moneys required for the purposes of the Commission Division 3—Entrenchment of this Part 88 Special provisions as to referendum Part 6—Miscellaneous 89 Demise of the Crown Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Constitution Act 1934. 2—Recognition of Aboriginal peoples (1) The Parliament on behalf of the people of South Australia acknowledges that— (a) the Parliament of the United Kingdom in 1834 passed a Bill called An Act to empower His Majesty to erect South Australia into a British Province or Provinces and to provide for the Colonisation and Government thereof and that by Letters Patent dated 19 February 1836 His Majesty established the Province of South Australia; and (b) the making of the above instruments and subsequent constitutional instruments providing for the governance of South Australia and for the making of laws for peace, order and good government occurred without proper and effective recognition, consultation or authorisation of Aboriginal peoples of South Australia. (2) Following the Apology given on 28 May 1997, the Parliament, on behalf of the people of South Australia— (a) acknowledges and respects Aboriginal peoples as the State's first peoples and nations; and (b) recognises Aboriginal peoples as traditional owners and occupants of land and waters in South Australia and that— (i) their spiritual, social, cultural and economic practices come from their traditional lands and waters; and (ii) they maintain their cultural and heritage beliefs, languages and laws which are of ongoing importance; and (iii) they have made and continue to make a unique and irreplaceable contribution to the State; and (c) acknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters. (3) The Parliament does not intend this section to have any legal force or effect. 3—Recognition of importance of First Nations voices (1) The Parliament of South Australia recognises the importance of listening to the voices of First Nations people if there is to be a fair and truthful relationship between the First Nations and non‑First Nations people of South Australia. (2) The Parliament acknowledges that the voice of First Nations people has not always been heard in Parliament, and intends that, through the First Nations Voice Act 2023, that voice will be heard, and will make a unique and irreplaceable contribution to South Australia that benefits all South Australians. Part 2—The legislature Division 1—General provisions 4—Constitution of the Parliament There shall be a Legislative Council and a House of Assembly which shall be called the Parliament of South Australia, and shall be constituted in the manner provided by this Act. 5—Powers of the Parliament The Legislative Council and House of Assembly shall have and exercise all the powers and functions formerly exercised by the Legislative Council constituted pursuant to section 7 of the Act of the Imperial Parliament, 13 and 14 Victoria, Chapter 59, entitled "An Act for the better Government of Her Majesty's Australian Colonies". 6—Place and time for holding Sessions of Parliament (1) The Governor may— (a) fix such places and times for holding every session of the Parliament as the Governor thinks fit; (b) from time to time change any such place or time as the Governor judges advisable and most consistent with general convenience and the public welfare; (c) except during a relevant election period, prorogue the Parliament from time to time. Provided that this section shall not authorise the Governor to dissolve the Legislative Council. (2) The Governor shall give sufficient notice of the time and place fixed for holding every session of Parliament, and of any change thereof. (3) In this section— relevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) and ending on the day of that general election (and includes, if the Constitution (Independent Speaker) Amendment Act 2021 comes into operation during a relevant election period, the remainder of that relevant election period). 7—Sessions of Parliament There shall be a session of the Parliament once at least in every year; so that a period of twelve calendar months shall not intervene between the last sitting of the Parliament in one session and the first sitting of the Parliament in the next session. 8—Power of Parliament to alter this Act The Parliament may, from time to time, by any Act, repeal, alter, or vary all or any of the provisions of this Act, and substitute others in lieu thereof: Provided that— (a) it shall not be lawful to present to the Governor, for His Majesty's assent, any Bill by which an alteration in the constitution of the Legislative Council or House of Assembly is made, unless the second and third readings of that Bill have been passed with the concurrence of an absolute majority of the whole number of the members of the Legislative Council and of the House of Assembly respectively; (b) every such Bill which has been so passed shall be reserved for the signification of His Majesty's pleasure thereon. 9—Privileges of Parliament The Parliament may, by any Act, define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and House of Assembly, and by the members thereof respectively: Provided that no such privileges, immunities, or powers shall exceed those held, enjoyed, and exercised on the twenty-fourth day of October, 1856, by the House of Commons, or the members thereof. 10—Relative powers of Houses of Parliament Except as provided in the sections of this Act relating to money Bills, the Legislative Council shall have equal power with the House of Assembly in respect of all Bills. 10A—Special provisions as to referendum (1) Except as provided in this section— (a) the House of Assembly shall not be abolished; and (b) the Legislative Council shall not be abolished; and (c) the powers of the Legislative Council shall not be altered; and (d) sections 8 and 41 of this Act shall not be repealed or amended; and (e) any provision of this section shall not be repealed or amended. (2) A Bill providing for or effecting— (a) the abolition of the House of Assembly; or (b) the abolition of the Legislative Council; or (c) any alteration of the powers of the Legislative Council; or (d) the repeal or amendment of section 8 or section 41 of this Act; or (e) the repeal or amendment of any provision of this section, shall be reserved for the signification of Her Majesty's pleasure thereon, and shall not be presented to the Governor for Her Majesty's assent until the Bill has been approved by the electors in accordance with this section. (3) On a day which shall be appointed by proclamation, being a day not sooner than two months after the Bill has passed through both the Houses of Parliament, the Bill shall, as provided by and in accordance with an Act which must be passed by Parliament and in force prior to that day, be submitted to the persons whose names appear as electors on the electoral rolls kept under the Electoral Act 1929, as amended, for the election of members of the House of Assembly. (4) When the Bill is so submitted as provided by and in accordance with the Act referred to in subsection (3) of this section, a vote shall be taken in such manner as is prescribed by that Act. (5) If the majority of the persons voting approve of the Bill, it shall be presented to the Governor for Her Majesty's assent. (6) Without restricting or enlarging the application of this section, this section shall not apply to any Bill providing for or effecting— (a) the repeal; or (b) the amendment from time to time; or (c) the re-enactment from time to time with or without modification, of section 11, 12, 16, 17, 18, 19, 20, 20A, 21, 22, 44, 45, 46, 46A, 48, 48A, 49, 50, 51, 52, 53, 54, 54A, 55, 56, 57, 58, 59, 60, 61, 63, 64 or 65 of this Act as in force immediately after the commencement of the Constitution Act Amendment Act 1969, or of any enactment for the time being in force so far as it relates to the subject matter dealt with in any of those sections. (7) Any person entitled to vote at an election for a member or members of the House of Assembly or the Legislative Council shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section either before or after any Bill referred to in this section is presented to the Governor for Her Majesty's assent. Division 2—Legislative Council 11—Number of members of Legislative Council The Legislative Council shall consist of twenty-two members elected by the inhabitants of the State legally qualified to vote. 13—Casual vacancies (1) Subject to this section, where a casual vacancy occurs by death, resignation or otherwise in the seat of a member of the Legislative Council, a person shall be chosen to occupy the vacant seat by an assembly of the members of both Houses of Parliament. (2) An assembly need not be held under subsection (1) to supply a casual vacancy if the vacancy occurs 3 months or less before a day on which the former member would, if circumstances giving rise to a casual vacancy had not occurred, have been required to retire in any event. (3) Where— (a) a casual vacancy occurs in the seat of a member of the Legislative Council; and (b) the House of Assembly is dissolved by the Governor (otherwise than in pursuance of section 41) or expires by effluxion of time; and (c) as at the date of the dissolution or expiry, no assembly of the members of both Houses of Parliament had been held to choose a person to occupy the vacant seat; and (d) the member formerly occupying the seat would, if the casual vacancy had not occurred, have been one of those required to retire under section 14(2), the vacancy shall be supplied at the ensuing election. (4) The following provisions apply in relation to the constitution and proceedings of an assembly that is, in pursuance of subsection (1), to choose a person to occupy a vacancy in the membership of the Legislative Council: (a) the assembly shall meet at a time and place appointed by proclamation; and (b) a member of the House of Assembly or the Legislative Council appointed by proclamation shall preside over the assembly; and (c) a suitable person shall be appointed by proclamation to be the clerk of the assembly; and (d) the procedural rules (if any) prescribed by proclamation shall be observed at the assembly and, in the absence of a rule governing a particular question of procedure that arises before the assembly, that question shall be decided by the person presiding or, if the assembly is dissatisfied with that person's decision, by the assembly itself; and (e) the members of the assembly shall, in relation to proceedings before the assembly, have the same privileges and immunities as the members of the House of Assembly in relation to proceedings before that House; and (f) the person presiding over the assembly and the assembly itself have respectively the same powers to maintain order as the Speaker and the House of Assembly; and (fa) there is no requirement for all members of both Houses of Parliament to be present at a meeting of the assembly; and (g) a question before the assembly shall be decided by a majority of the votes cast by the members present at a meeting of the assembly; and (h) each member present at a meeting of the assembly, except the person presiding, shall be entitled to one vote on a question arising before the assembly and, in the event of an equality of votes, the person presiding shall have a casting vote. (5) Where a casual vacancy in the membership of the Legislative Council is to be occupied by a person chosen by an assembly of the members of both Houses of Parliament, and the member, whose seat has become vacant, was at the time of his or her election publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself or herself to be such a candidate, the person chosen by the assembly to occupy that vacancy shall, unless there is no member of that party available to be chosen, be a member of that party nominated by that party to occupy the vacancy. 14—Term of service of Legislative Councillors (1) Subject to this Act, a member of the Legislative Council shall occupy the member's seat until required to retire in accordance with this section. (2) Subject to subsection (3), whenever the House of Assembly is dissolved by the Governor (otherwise than in pursuance of section 41) or expires by effluxion of time, 11 members of the Legislative Council shall retire and an election to supply the resulting vacancies shall take place at the time of the general election of members of the House of Assembly. (3) A member of the Legislative Council is not required to retire under subsection (2) unless— (a) in the case of a member elected at an election held upon dissolution of the Legislative Council under section 41—3 years have elapsed from the first day of March in the year in which that election was held; (b) in any other case—6 years have elapsed from the first day of March in the year in which the member was last elected. (4) The seat of a member of the Legislative Council who is required to retire under subsection (2) is automatically vacated on the dissolution or expiry of the House of Assembly without the necessity of any action on the part of the retiring member. 15—Order of retirement (1) Subject to this section, the order of retirement as between members of the Legislative Council shall be determined by reference to the period they have occupied their seats since the date of their last election, so that a member who has occupied his or her seat for a longer period retires before a member who has occupied his or her seat for a shorter period. (2) For the purposes of subsection (1), where a casual vacancy occurs in the seat of a member of the Legislative Council and a person is chosen to occupy the vacant seat by an assembly of the members of both Houses of Parliament, the person so chosen shall be deemed to have occupied the seat since the date on which a person was last elected to occupy it. (3) Where a casual vacancy occurs in the seat of a member of the Legislative Council, and the vacancy is to be supplied at an election in pursuance of section 13(3), the member formerly occupying the vacant seat shall be counted as one of the 11 retiring under section 14(2). (4) Where an election is held upon dissolution of the Legislative Council under section 41— (a) the Electoral Commissioner shall, as soon as practicable after the election, publish by notice in the Gazette the names of those members of the Legislative Council who would have been elected on the votes cast at the election if— (i) the election had been one to supply 11 vacancies in the membership of the Legislative Council; and (ii) the only names of candidates appearing on the ballot-papers at that election were the names of the members elected at the election and the numbers indicating preferences had been altered accordingly; and (b) the 11 members whose names are not so published (including any member who was chosen by an assembly of the members of both Houses of Parliament to occupy a casual vacancy occurring in the seat of any such member) shall be the first to retire under section 14(2). 16—Resignation of Legislative councillors (1) Any member of the Legislative Council may resign his or her seat in the Council by writing under his or her hand, addressed to the President of the Council, and delivered to the President forthwith after the signing thereof, and upon the receipt of such resignation by the President the seat of the member shall become vacant. (2) If there is a vacancy in the office of the President of the Legislative Council, or if the President is absent from the State or incapacitated from performing the duties of office the resignation may be delivered to the Governor, and when so delivered, shall have the same effect as if delivered to the President. 17—Vacation of seat in Council (1) If any member of the Legislative Council— (a) without permission of the Council fails for twelve sitting days consecutively of any session of the Council to attend therein; or (ab) is not or ceases to be an Australian citizen; or (b) takes any oath or makes any declaration or act of acknowledgment or allegiance to any foreign prince or power; or (c) does, concurs in, or adopts any act whereby the member may become a subject or citizen of any foreign state or power; or (d) becomes bankrupt; or (e) takes the benefit of any law relating to insolvent debtors; or (f) becomes a public defaulter; or (g) is attainted of treason; or (h) is convicted of an indictable offence; or (i) becomes of insane mind, the member's seat in the Council shall thereby become vacant. (2) The seat of a member of the Legislative Council is not vacated because the member acquires or uses a foreign passport or travel document. 19—Legislative Council district The whole of the State constitutes a single Legislative Council electoral district. 23—Election of President of Legislative Council (1) The Legislative Council shall, at its first meeting, and before proceeding to the dispatch of any other business, elect some member of the Council to be the President thereof, and as often as the place of the President becomes vacant by death, resignation, vacation of seat, or removal by a vote of the Council, the Council shall again elect some other member to be the President thereof. (2) The President so elected shall preside at all meetings of the Council. (3) The election of the President of the Council shall be notified to the Governor by a deputation of the Council. 24—Absence of President If the President of the Legislative Council is absent in consequence of leave of absence granted by the Council, or of illness, or other unavoidable cause, the Council may choose some other member of the Council to fill temporarily the office and perform the duties of the President during his or her absence. 25—Continuance of President in office after dissolution or retirement (1) If the President of the Legislative Council vacates his or her seat by periodical retirement, or by reason of the dissolution of the Council, he or she shall nevertheless be and be deemed to be, the President of the Council until the next meeting of Parliament, unless he or she is not re-elected a member of the Council. (2) This section shall not enable any person continued in the office of President by this section to preside at any meeting of the Legislative Council. 26—Quorum of Council (1) The Legislative Council shall not be competent to proceed with the dispatch of business unless there are present, including the President, or the person chosen to preside in the President's absence, at least ten members of the Council. (2) All questions which arise shall be decided by a majority of the votes of those members of the Council who are present exclusive of the President, or the person chosen as aforesaid, who shall be allowed a casting vote. (3) Where a question arises with respect to the passing of the second or third reading of any Bill, and in relation to that question the President, or person chosen as aforesaid, has not exercised a casting vote, the President, or person chosen as aforesaid, may indicate concurrence or nonconcurrence in the passing of the second or third reading of that Bill. Division 3—House of Assembly 27—Number of members of House of Assembly The House of Assembly shall consist of forty-seven members elected by the inhabitants of the State legally qualified to vote. 28—Term of House of Assembly (1) Subject to this section, a general election of members of the House of Assembly must be held on the third Saturday in March in the fourth calendar year after the calendar year in which the last general election was held. (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 at a time prior to the election that is in accordance with the requirements of the Electoral Act 1985 for the issue of writs. (3) Before the issue of a writ or writs for a general election under this section, the Governor may, where— (a) the day fixed under this section for the election is the Saturday immediately following Good Friday; or (b) a general election of members of the Commonwealth House of Representatives is to be held in the same month as the election; or (c) it is reasonably necessary in order to meet a difficulty in the conduct of the election arising from a State disaster that has occurred, is occurring or is about to occur, defer the day of the election, by notice published in a newspaper circulating generally throughout the State, to a Saturday not more than 21 days after the day otherwise fixed under this section. (4) A day to which a general election is deferred in accordance with subsection (3) will be taken to be a day fixed under this section for the general election. (5) After the issue of a writ or writs for a general election under this section, the day of the election may be deferred in accordance with the provisions of the Electoral Act 1985. (6) In this section— State disaster means any occurrence (including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities directed by an enemy against Australia and accident) that— (a) causes or threatens to cause, within the State, loss of life or injury to persons or animals or damage to property; and (b) is of such a nature or magnitude that extraordinary measures are required in order to protect human or animal life or property. 28A—Early dissolution of House of Assembly (1) The Governor may dissolve the House of Assembly and issue a writ or writs for a general election on a date other than that contemplated by section 28 if and only if— (a) a motion of no confidence in the government is passed in the House of Assembly; or (b) a motion of confidence in the government is defeated in the House of Assembly; or (c) a Bill of special importance passed by the House of Assembly is rejected by the Legislative Council; or (d) the Governor is acting in pursuance of section 41. (2) The Governor shall not dissolve the House of Assembly under subsection (1)(c) on the ground of the rejection by the Legislative Council of a Bill of special importance passed by the House of Assembly if more than 1 month has elapsed since the rejection of the Bill by the Legislative Council. (3) Where a Bill of special importance is passed by the House of Assembly, the Speaker shall certify in the message transmitting the Bill to the Legislative Council that the Bill is such a Bill and that certification shall be conclusive for all purposes and may not be questioned. (4) For the purposes of this section, a Bill of special importance shall be deemed to have been rejected by the Legislative Council if— (a) the Bill is defeated on a vote taken in the Legislative Council; (b) the Bill has not been passed by the Legislative Council at the expiration of 2 months from the date of the transmission of the Bill to the Legislative Council; (c) the Bill is passed by the Legislative Council with an amendment or suggested amendment to which the House of Assembly disagrees and the differences between the Houses are not resolved within 1 month after the passing of the Bill by the Legislative Council. (5) In this section— Bill of special importance means a Bill declared by resolution of the House of Assembly, passed before, or immediately after, the third reading of the Bill in the House of Assembly, to be a Bill of special importance. 30—Resignation of seats in the Assembly (1) Any member of the House of Assembly may resign his or her seat in the House by writing under his or her hand, addressed to the Speaker of the House, and delivered to the Speaker forthwith after the signing thereof, and upon the receipt of such resignation by the Speaker, the seat of the member shall become vacant. (2) If there is a vacancy in the office of Speaker or if the Speaker is absent from the State or incapacitated from performing the duties of office, the resignation may be delivered to the Governor and when so delivered shall have the same effect as if delivered to the Speaker. 31—Vacation of seat in Assembly (1) If any member of the House of Assembly— (a) for twelve sitting days consecutively of any session of the House of Assembly without the permission of the House entered upon its journals fails to attend in the House; or (ab) is not or ceases to be an Australian citizen; or (b) takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power; or (c) does, concurs in, or adopts any act whereby the member may become a subject or citizen of any foreign state or power; or (e) becomes bankrupt or an insolvent debtor within the meaning of the laws in force in the State relating to bankrupts or insolvent debtors; or (f) becomes a public defaulter; or (g) is attainted of treason; or (h) is convicted of an indictable offence; or (i) becomes of unsound mind, the member's seat in the House of Assembly shall thereby become vacant. (2) The seat of a member of the House of Assembly is not vacated because the member acquires or uses a foreign passport or travel document. 32—Assembly districts (1) The State shall be divided into House of Assembly electoral districts in accordance with the last effective electoral redistribution. (2) Where the Commission has published an order dividing the State into House of Assembly electoral districts, and— (a) the order has become operative; and (b) the order has not been superseded by a subsequent operative order of the Commission, the State shall, as from the day on which a general election of members of the House of Assembly is next held be divided into the appropriate number of House of Assembly electoral districts described in the order. (3) An order of the Commission becomes operative for the purposes of this section upon the expiration of the prescribed period from the date of publication of the order. (4) Each electoral district shall return one member of the House of Assembly. (5) In this section— the appropriate number means a number equal to the number of members of the House of Assembly from time to time prescribed by section 27 of this Act; the Commission means the Electoral Districts Boundaries Commission established under Part 5 of this Act; the last effective electoral redistribution means the division of the State into House of Assembly electoral districts that last took effect under subsection (2); the prescribed period, in relation to an order of the Commission, means— (a) where no appeal has been made against the order—the period of three months from the date of publication of the order; or (b) where an appeal has been made against the order—the period extending from the date of publication of the order to the date falling three months after the day on which all appeals have been finally determined. 34—Election of Speaker (1) The members of the House of Assembly shall, upon the first assembling after every general election, proceed forthwith to elect one of their number to be Speaker, and in case of that member's death, resignation, or removal by a vote of the House or in accordance with this section, the said members shall forthwith proceed to elect another of their number to be Speaker. (2) The Speaker so elected shall preside at all meetings of the House of Assembly. (3) The election of the Speaker shall be forthwith notified to the Governor by a deputation of the House. (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, except during a relevant election period. (5) A member of a registered political party who is elected as Speaker (other than during a relevant election period) 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; relevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) and ending on the day of that general election (and includes, if the Constitution (Independent Speaker) Amendment Act 2021 comes into operation during a relevant election period, the remai