South Australia: 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 remainder of that relevant election period). (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. 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. 35—Absence of Speaker If the Speaker of the House of Assembly is absent in consequence of leave of absence granted by the House, or of illness or other unavoidable cause, the House may choose some other member of the House to fill temporarily the office and perform the duties of the Speaker during his or her absence. 36—Continuance in office of Speaker and Chairman of Committees after dissolution (1) In case of any dissolution of Parliament the Speaker of the House of Assembly at the time of the dissolution shall be, and shall be deemed to be, the Speaker of the House until the first meeting of the new Parliament, unless he or she is not re-elected a member of the House; and the Chairman of Committees at the time of the dissolution shall be, and shall be deemed to be, the Chairman of Committees until the first meeting of the new Parliament, unless he or she is not re-elected a member of the House. (2) This section shall not enable any person continued in the office of Speaker by this section to preside at any meeting of the House of Assembly. 37—Quorum etc (1) The House of Assembly shall not be competent to proceed with the dispatch of business unless there are present, including the Speaker or a person chosen to preside in the Speaker's absence, at least seventeen members of the House. (2) All questions which arise in the House of Assembly shall be decided by the majority of votes of the members present, other than the Speaker or person aforesaid. (3) When the votes are equal the Speaker or person aforesaid shall have the casting vote. (4) Where a question arises in the House of Assembly with respect to the passing of the second or third reading of any Bill and in relation to that question the Speaker, or person aforesaid has not exercised a casting vote, the Speaker or person aforesaid may indicate concurrence or nonconcurrence in the passing of the second or third reading of that Bill. Division 4—Both Houses of Parliament 38—Privileges, powers etc of Council and Assembly The privileges, immunities, and powers of the Legislative Council and House of Assembly respectively, and of the committees and members thereof respectively, shall be the same as but no greater than those which on the twenty-fourth day of October, 1856, were held, enjoyed, and exercised by the House of Commons and by the committees and members thereof, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise. 39—Privilege against legal proceedings abolished No member of the Parliament shall be entitled to set up or claim any of the privileges, immunities, or powers to which the member may be entitled by virtue of the last preceding section, as against any summons, subpoena, writ, order, process, or proceeding whatsoever issued by any court of law within the said province: Provided that— (a) no writ of capias ad satisfaciendum shall be executed or put into effect against any such member during any session of Parliament, or within ten days prior to the meeting thereof; and (b) no member shall be liable to any penalty or process for non-attendance as a witness in any court when such non-attendance is occasioned by the member's attendance in the member's place in Parliament. 40—Evidence of privileges Any copy of the journals of the House of Commons printed, or purporting to be printed, by the order or printer of the House of Commons shall be received as prima facie evidence, without proof of its being such copy, upon any inquiry touching the privileges, immunities, and powers of the Legislative Council or House of Assembly, or of any committee or member thereof, respectively. 41—Settlement of deadlocks (1) Whenever— (a) any Bill has been passed by the House of Assembly during any session of Parliament; and (b) the same 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; and (c) a general election of the House of Assembly has taken place between the two Parliaments; and (d) the second and third readings of the Bill were passed in the second instance by an absolute majority of the whole number of members of the House of Assembly; and (e) both such Bills have been rejected by the Legislative Council or failed 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 within six months after the last rejection or failure— (f) to dissolve the Legislative Council and House of Assembly by proclamation to be published in the Gazette; or (g) to issue writs for the election of two additional members for each Council district. (2) If the Legislative Council and House of Assembly are so dissolved— (a) all the members of both Houses of Parliament shall thereupon vacate their seats and members shall be elected to supply the vacancies so created; and (b) the order of retirement as between members of the Legislative Council elected after such dissolution shall be as provided in section 15 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 14. (3) If writs for the election of additional members of the Council are issued, 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 the vacancy occurs to its proper number as set forth in Schedule 2 of this Act. Whenever there are more seats vacated by members returned for the same district than there are seats 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. 42—Oath of allegiance (1) No member of Parliament, elected a member of Parliament on or after the commencement of the Constitution Act Amendment Act 1972, shall be permitted to sit or vote therein until the member has taken and subscribed the following oath before the Governor, or before some person or persons authorised by the Governor to administer such oath: "I, , do swear that I will be faithful and bear true allegiance to [insert title of the Sovereign, His/Her] Heirs and Successors, according to law. SO HELP ME GOD!". (2) It shall not be necessary for any member of Parliament who has taken the oath prescribed herein to take the said oath again in the event of the demise of the Crown; such oath shall be deemed to relate to the Sovereign and the Sovereign's heirs and successors according to law. (3) Nothing in this section shall be deemed to affect the operation of the Oaths Act 1936, as amended, which entitles any person to make an affirmation in lieu of taking any oath required by this Act. (4) In the case of a member of Parliament elected before the commencement of the Constitution Act Amendment Act 1972, section 42 of the Constitution Act 1934, as in force immediately before that commencement, shall, during so much of the term of office for which that member was elected as occurs after that commencement, apply in respect of that member as if the Constitution Act Amendment Act 1972 had not been enacted. 43—Determination of questions of vacancy Whenever any question arises respecting any vacancy in either House of Parliament it shall be heard and determined by the House in which the vacancy occurred. 43A—Disqualification of members occupying seats in both Houses (1) No member of the Legislative Council shall be capable of being nominated as a candidate for election as a member of the House of Assembly. (2) No member of the House of Assembly shall be capable of being chosen by an assembly of the members of both Houses of Parliament to supply a casual vacancy in the membership of the Legislative Council. 44—Disqualification of Judges No Judge of any court of the State shall be capable of being elected a member of the Parliament. 45—Disqualification of members holding offices of profit (1) If any member of the Parliament accepts any office of profit or pension from the Crown, during pleasure, excepting those offices which are required by or under this Act or any other Act to be held by members of Parliament, the member's seat shall be thereupon and is hereby declared to be vacant. (1a) Subsection (1) does not prevent a member of Parliament from accepting office as a Minister of the Crown or as a Parliamentary Secretary to a Minister, or a Minister of the Crown from accepting an appointment to act in the office of another Minister. (2) If a candidate for election as a member of Parliament holds an office of profit from the Crown the candidate shall, unless he or she resigns that office before the date of the declaration of poll, be incapable of being elected. 46—Effect of election of disqualified person (1) If any person by this Act disabled from or declared to be incapable of voting or sitting in Parliament is, nevertheless, elected and returned as a member to serve in Parliament for any electoral district, the person's election and return shall be void to all intents and purposes whatsoever. (2) If any person so elected and returned, contrary to the provisions of this Act, sits or votes as an elected member of Parliament the person shall forfeit the sum of one thousand dollars to be recovered by any person who sues for it in the Supreme Court or in any other court of record in the State having competent jurisdiction. 46A—Crown pensioners qualified for election Notwithstanding any other provision of this Act a person who has been in the employment of the Crown and has retired from that employment, and has by virtue of that employment become entitled to a pension wholly or partly paid by the Crown, shall not, by reason only of the receipt of that pension— (a) be disabled from or incapable of being elected as a member of the Parliament or of sitting and voting therein; or (b) be liable to any forfeiture, fine, or other disability for so sitting and voting. 47—Prevention of membership of both Commonwealth and State Parliaments (1) No member of either House of the Parliament of the Commonwealth shall be a member of either House of the Parliament of the State. (2) If any member of either House of the Parliament of the State is elected a member of either House of the Parliament of the Commonwealth the member shall vacate his or her seat in the Parliament of the State on taking his or her seat in the Parliament of the Commonwealth. 48—Franchise for women Women shall possess and may exercise the right to vote at parliamentary elections subject to the same qualifications and in the same manner as men. 48A—Non-disqualification of women as members A woman shall not be disqualified by sex or marriage for being elected to, or sitting or voting as a member of, either House of the Parliament. 54A—Provisions as to members of Parliamentary committees and royal commissions (1) Notwithstanding any other provision of this Act, the seat of a member of Parliament shall not be or become vacant and a member of Parliament shall not be liable to any forfeiture, fine, or other disability by reason only of the fact that— (a) the member accepts or holds office as the chairman or a member of any committee appointed by either House of Parliament or by both Houses of Parliament, or of any royal commission; (b) as such chairman or member, the member receives or is entitled to receive any salary, fees, allowances or other emoluments. (2) The election of any person as a member of Parliament shall not be affected by reason only of the fact that the person holds any such office or receives or is entitled to receive any such salary, fees or other emoluments. 55—Standing rules and orders (1) The Legislative Council and House of Assembly from time to time as there shall be occasion, shall prepare and adopt such Standing Rules and Orders as appear to the Council and Assembly respectively best adapted for— (a) the orderly conduct of the Council and Assembly respectively; (b) the regulation of the proceedings thereof and the dispatch of business therein; (c) the manner in which the Council and Assembly shall be presided over in case of the absence of the President or Speaker; (d) the mode in which the Council and Assembly shall confer, correspond, and communicate with each other relative to votes or Bills passed by or pending in the Council and Assembly respectively; (e) the proper passing, intituling, and numbering of the Bills to be introduced into and passed by the Council and Assembly; (f) the proper presentation of the same to the Governor for the time being, for assent. (2) All such rules and orders shall, by the Council and Assembly respectively, be laid before the Governor, and, being approved by the Governor, shall become binding and of force. 56—Governor's Message It shall be lawful for the Governor to transmit, by message, to the Council or Assembly, for their consideration, any amendment which the Governor desires to be made in any Bill presented to the Governor for assent, and all such amendments shall be taken into consideration, in such convenient manner, as is provided in that behalf by the standing rules and orders. 57—Restoration of lapsed Bills (1) When any Bill has passed its second reading in either House of Parliament, but has not been finally disposed of at the close of the session, the Bill shall not necessarily lapse by prorogation, but may, in the next session of the same Parliament, be restored to the stage reached in the previous session, and thereinafter proceeded with as if no prorogation had intervened. (2) The restoration provided for in this section shall be effected by carrying a motion that the Bill be restored to the notice paper; and every such motion shall be put to the vote without debate, unless otherwise provided by the standing orders of the House in which the motion is made. 58—Provision as to President, Speaker, and officers (1) The salary of the President of the Legislative Council shall be at least equal to the salary of the Speaker of the House of Assembly; and the salaries and allowances of the officers of the Legislative Council shall be the same as those of the corresponding officers of the House of Assembly. (2) The Chief Clerk for the time being of the Legislative Council, and of the House of Assembly shall respectively be removable from office only in accordance with a vote of the House of which he or she is an officer. 59—Governor's recommendation for money votes It shall not be lawful for either House of the Parliament to pass any vote, resolution, or Bill for the appropriation of any part of the Revenue, or of any tax, rate, duty, or impost, for any purpose which has not been first recommended by the Governor to the House of Assembly during the session in which such vote, resolution, or Bill is passed. Division 5—Money Bills 60—Interpretation of sections 60–63 (1) In this Division, the expressions "revenue", "public money", "taxation", and "loan" respectively do not include any revenue, money, taxation, or loan raised by local authorities or bodies for local purposes. (2) For the purposes of this Division a Bill, or a clause of a Bill, shall not be taken to appropriate revenue or public money, or to deal with taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences or fees for services under the proposed Act. (3) For the purposes of this Division, a Bill, or a clause of a Bill, shall be taken to deal with taxation if it provides for the imposition, repeal, remission, alteration, or regulation of taxation. (4) In this Division— appropriation Bill means a Bill for appropriating revenue or other public money; money Bill means a Bill for appropriating revenue or other public money, or for dealing with taxation, or for raising or guaranteeing any loan, or for providing for the repayment of any loan; money clause means a clause of a Bill, which clause appropriates revenue or other public money, or deals with taxation, or provides for raising or guaranteeing any loan or for the repayment of any loan; previously authorised purpose means— (a) a purpose which has been previously authorised by Act of Parliament or by resolution passed by both Houses of Parliament; or (b) a purpose for which any provision has been made in the votes of the Committee of Supply whereon an appropriation Bill previously passed was founded. 61—Origin of money Bills and money clauses A money Bill, or a money clause, shall originate only in the House of Assembly. 62—Power of Council as to money clauses (1) The Legislative Council may not amend any money clause. (2) Subject to subsection (3) of this section, the Council may return to the House of Assembly any Bill containing a money clause with a suggestion to omit or amend such clause or to insert additional money clauses, or may send to the Assembly a Bill containing suggested money clauses requesting, by message, that effect be given to the suggestion; and the Assembly may, if it thinks fit, make any omission or amendment, or insertion so suggested, with or without modifications. (3) Subsection (2) of this section applies to a money clause contained in an appropriation Bill only when such clause contains some provision appropriating revenue or other public money for some purpose other than a previously authorised purpose or dealing with some matter other than the appropriation of revenue or other public money. (4) When, under subsection (2) of this section, the Council sends to the Assembly a Bill containing suggested money clauses, such clauses shall be printed in erased type, and shall not be deemed to form part of the Bill. 63—Restriction on contents of ordinary appropriation Bill A Bill for appropriating revenue or other public money for any previously authorised purpose shall not contain any provision appropriating revenue or other public money for any purpose other than a previously authorised purpose. 64—Validity of Acts assented to No infringement or non-observance of any provision of this Division shall be held to affect the validity of any Act assented to by the Governor. Part 2A—Local government 64A—Constitutional guarantee of continuance of local government in this State (1) There shall continue to be a system of local government in this State under which elected local governing bodies are constituted with such powers as the Parliament considers necessary for the better government of those areas of the State that are from time to time subject to that system of local government. (2) The manner in which local governing bodies are constituted, and the nature and extent of their powers, functions, duties and responsibilities shall be determined by or under Acts of the Parliament from time to time in force. (3) No Bill by virtue of which this State would cease to have a system of local government that conforms with subsection (1) of this section shall be presented to the Governor for assent unless the Bill has been passed by an absolute majority of the members of each House of Parliament. Part 3—The executive 65—Number of Ministers of the Crown (1) The number of Ministers of the Crown shall not exceed fifteen. (2) The Ministers of the Crown shall respectively bear such titles and fill such ministerial offices as the Governor from time to time appoints. 66—Ministerial offices (1) No person shall hold office as a Minister of the Crown for more than three calendar months unless the person is a member of Parliament. (2) Every Minister of the Crown is, ex officio, a member of the Executive Council. 67—Appointment of acting Ministers (1) The Governor may appoint a Minister to act in the office of another Minister. (2) An appointment under subsection (1) may authorise the appointee to act for— (a) a specified period; or (b) a period terminating on the occurrence of a specified event, (being a period for which the holder of the office is expected to be unavailable to carry out official duties). (3) A Minister has, while acting in the office of another Minister in pursuance of an appointment under this section, all the powers, functions and duties of that other Minister. (4) Notice of an appointment under this section shall be published in the Gazette. (5) If, in any legal proceedings, it appears that a Minister has acted in the office of another Minister, the Minister shall be deemed, in the absence of proof to the contrary, to have acted in pursuance of an appointment under this section. 67A—Parliamentary Secretaries (1) The Governor may appoint— (a) a member of Parliament as Parliamentary Secretary to the Premier; (b) a member of Parliament as Parliamentary Secretary to a Minister (including the Premier in his or her capacity as another Minister). (2) The number of Parliamentary Secretaries must not exceed two. 68—Appointment of officers The appointment to all public offices under the Government of the State, whether such offices be salaried or not, shall be vested in the Governor, with the advice and consent of the Executive Council, except the appointment of the officers required by this Act to be members of Parliament, the appointment and dismissal of which officers shall be vested in the Governor alone: Provided that this section shall not extend to minor appointments, which by statute or by order of the Governor in Council are vested in Heads of Departments, or other officers or persons within the State. 69—Powers of Governor's Deputy (1) During the temporary absence of the Governor from the seat of Government or from the State or during the illness of the Governor all the powers and authorities conferred upon or vested in the Governor by any statutory or other law or usage of the State, as well as the powers and authorities conferred upon or vested in the Governor by the Letters Patent, shall and may be exercised, performed, and executed by the person appointed by the Governor to be the Governor's Deputy during such absence or illness, subject, nevertheless, to anything expressed in the instrument appointing such Deputy. (2) In this and the next succeeding section— the Letters Patent means the Letters Patent passed under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the twenty-ninth day of October, 1900, whereby permanent provision was made for the office of Governor in and for the State of South Australia and its dependencies in the Commonwealth of Australia. 70—Power of deputy of Lieutenant-Governor or Administrator During such time as the powers and authorities granted to the Governor by the Letters Patent are vested in the Lieutenant-Governor, or any other person who is appointed to administer the Government of the State, the provisions of the preceding section shall apply to the person appointed to be the Deputy of the Lieutenant-Governor, or of the person appointed to administer the Government as aforesaid, during his or her temporary absence from the seat of Government or from the State or during his or her illness, subject nevertheless to anything expressed in the instrument appointing such Deputy. 71—Signature of certain orders etc No officer of the Government shall be bound to obey any order of the Governor involving any expenditure of public money, nor shall any appointment to or dismissal from office be valid, except as provided in this Act, unless the order, appointment, or dismissal is signed by the Governor. 71A—Validation of certain warrants etc (1) Where, by virtue of the applicable provision, any warrant for the payment of public money or any appointment to or dismissal from office would, but for this section, have been invalid then that warrant, appointment or dismissal, as the case may be, shall be and shall be deemed always to have been valid. (2) In this section— the applicable provision— (a) in relation to a warrant, appointment or dismissal, as the case may be, issued or made on or after the twenty-fourth day of October, 1856, and before the commencement of this Act, means section 33 of Act No. 2 of 1855–6 intituled An Act to establish a Constitution for South Australia, and to grant a Civil List to Her Majesty; and (b) in relation to a warrant, appointment or dismissal, as the case may be, issued or made on or after the commencement of this Act and before the commencement of the Constitution Act Amendment Act 1978, means section 71 of this Act as in force before the commencement of that Act; Warrant, appointment or dismissal includes a purported warrant, appointment or dismissal. 73—Governor's salary (1) The Governor is entitled to a salary at a rate determined by the Remuneration Tribunal in relation to the office of Governor. (2) Remuneration is not payable under this section to the Governor for any period for which he or she is entitled to remuneration from the Commonwealth in respect of his or her administration of the Government of the Commonwealth. (3) A rate of salary determined under this section cannot be reduced by subsequent determination of the Remuneration Tribunal. 73A—Costs associated with Governor's official duties The Treasurer is to pay the costs reasonably incurred by the Governor (or anyone acting in the office of the Governor) in carrying out, or for the purpose of carrying out, official duties. 73B—Appropriation This Act is (without further appropriation) sufficient authority for the payment, out of the Consolidated Account, of the Governor's salary referred to in section 73 and the costs referred to in section 73A. Part 4—The judiciary 74—Tenure of office of Judges The Commissions of all Judges of the Supreme Court shall be and remain in full force until their retirement according to law or their removal under section 75. 75—Removal from office of Judges It shall be lawful for the Governor to remove any Judge of the Supreme Court upon the address of both Houses of the Parliament. 75A—Operation of Part Nothing in this Part affects the operation of the Judicial Conduct Commissioner Act 2015. Part 5—Electoral redistribution Division 1—Preliminary 76—Definitions (1) In this Part, unless the contrary intention appears— the Chief Justice means the Chief Justice of the Supreme Court and includes any other judge of the Supreme Court who is acting in the office of Chief Justice; the Commission means the Electoral Districts Boundaries Commission established under this Part; elector means a person whose name appears as an elector on the electoral roll for an electoral district; the Electoral Commissioner means the person holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1929, as amended; electoral district means an electoral district of the House of Assembly; electoral redistribution means a division of the State into electoral districts; order means an order of the Commission made under this Part; polling day means a day on which a general election of members of the House of Assembly is held; the Surveyor-General means the person holding, or acting in, the office of the Surveyor-General. 77—Basis of redistribution (1) Whenever an electoral redistribution is made, the redistribution shall be made upon the principle that the number of electors comprised in each electoral district must not (as at the relevant date) vary from the electoral quota by more than the permissible tolerance. (2) In this section— electoral quota means the nearest integral number obtained by dividing the total number of electors for the House of Assembly (as at the relevant date) by the number of electoral districts into which the State is to be divided as at the first polling day for which the order is to be effective; permissible tolerance means a tolerance of ten per centum; the relevant date means a date specified in an order as the relevant date, being a date falling not earlier than six months before the date of the order. Division 2—Electoral Districts Boundaries Commission 78—The Commission (1) There shall be a Commission by the name of the Electoral Districts Boundaries Commission constituted of the following members: (a) the Chairman of the Commission who shall be a Judge of the Supreme Court appointed by the Chief Justice to be Chairman of the Commission; and (b) the Electoral Commissioner or a person appointed pursuant to subsection (3) of this section; and (c) the Surveyor-General or a person appointed pursuant to subsection (4) of this section. (2) The Judge appointed by the Chief Justice under subsection (1) of this section should be the most senior puisne Judge who is available to undertake the duties of Chairman of the Commission. (3) If there is no Electoral Commissioner, or the Electoral Commissioner is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient, a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, electoral matters. (4) If there is no Surveyor-General, or the Surveyor-General is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, surveying. (5) Where the Chairman is for the time being acting in the office of the Chief Justice any appointment to the Commission under subsection (3) or subsection (4) of this section shall be made by the puisne judge next in order of seniority after the Chairman. (6) A member appointed under subsection (3) or subsection (4) of this section, may by instrument in writing addressed to the Governor resign the member's office. (7) The members of the Commission (other than the Chairman) are entitled to remuneration determined by the Remuneration Tribunal. 79—Incorporation of the Commission (1) The Commission— (a) shall be a body corporate with perpetual succession and a common seal; and (b) shall be capable, in its corporate name of acquiring, holding and disposing of real and personal property; and (c) shall be capable of acquiring or incurring any other legal rights or liabilities, and of suing and being sued; and (d) shall hold its property on behalf of the Crown. (2) Where an apparently genuine document purports to bear the common seal of the Commission, it shall be presumed, in the absence of proof to the contrary, that the common seal of the Co