Constitution (Legislative Council) Special Provisions Act 1997

Constitution (Legislative Council) Special Provisions Act 1997

An Act to make special provision for the Members of the Legislative Council consequent on the Legislative Council Electoral Boundaries Act 1995 , to make related amendments to that Act, the Constitution Act 1934 , the Electoral Act 1985 and the Parliamentary Salaries and Allowances Act 1973

WHEREAS it is expedient to provide for the effective implementation of the redistribution of electoral boundaries made under the Legislative Council Electoral Boundaries Act 1995 :

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Constitution (Legislative Council) Special Provisions Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

PART 2 - Amendments of Constitution Act 1934

3.   Principal Act

In this Part, the Constitution Act 1934 is referred to as the Principal Act.

4.   Section 18AA inserted

The Principal Act is amended by inserting the following section in Division 2 of Part III before section 18:

18AA.   Application of Constitution (Legislative Council) Special Provisions Act 1997

This Division has effect subject to Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 .

5.    Section 18 amended (Constitution of the Council)

Section 18 of the Principal Act is amended by omitting "in accordance with the provisions of that Schedule".

6.   Section 19 amended (Council elections)

Section 19 of the Principal Act is amended as follows:

(a) by omitting subsections (3) and (3A) and substituting the following subsection:

(3)  A Member representing a division specified in column 1 of Schedule 2 is to retire in the year specified in column 2 of that Schedule opposite to that division and in each successive sixth year.

(b) by omitting subsection (7).

7.    Section 26 substituted

Section 26 of the Principal Act is repealed and the following section is substituted:

26.   Council divisions

(1)  For the purpose of returning Members to serve in the Council, the State is to be divided into 19 electoral divisions to be designated as provided in Schedule 2 , each of which divisions is to return one member.

(2)  The several Council divisions are to comprise the areas determined under the Legislative Council Electoral Boundaries Act 1995 , whether before or after the commencement of this section.

(3)  This section has effect subject to Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 .

8.   Schedule 2 substituted and Schedule 3 repealed

Schedules 2 and 3 to the Principal Act are repealed and the following Schedule is substituted:

SCHEDULE 2 - Council Divisions

Sections 18 ,  19(3) , and  26(1)

COLUMN 1 Division	COLUMN 2 Year
Derwent	1997
Mersey	1997
Westmorland	1997
Buckingham	1998
Macquarie	1998
South Esk	1998
Monmouth	1999
Murchison	1999
Newdegate	1999
Hobart	2000
Launceston	2000
Rumney	2000
Emu Bay	2001
Pembroke	2001
Queenborough	2001
Roland	2001
Cornwall	2002
Huon	2002
Leven	2002

PART 3 - Transitional provisions

9.   Interpretation

In this Part, unless the contrary intention appears –

Council means the Legislative Council of the Parliament of Tasmania;

division means an electoral division for the Council specified in Schedule 2 to the Constitution Act 1934 ;

Member for Gordon means the Member of the Council who was last elected to represent the former division of Gordon and who represents the division of Murchison as provided by section 13(1)(a) ;

Member for Russell means the Member of the Council who was last elected to represent the former division of Russell and who represents the division of Murchison as provided by section 13(1)(b) ;

retirement date means the fourth Saturday in May or such other Saturday in that month as may be fixed under section 19(4) of the Constitution Act 1934 ;

retirement date in 1999 means the date in 1999 which is the expiration of the term of office of the Member for Russell;

retirement date in 2000 means the date in 2000 which is the expiration of the term of office of the Member for Gordon.

10.   Application of Electoral Act 1985

Where a periodical or other election is required under this Part, the provisions of the Electoral Act 1985 apply to the election.

11.   Transitional arrangements for Members of the Council

(1)  A Member of the Council who was last elected for a former division specified in column 1 of the following table –

(a) is, on and from the commencement of this Act, taken to have been elected for, and is to represent, the division specified in column 2 of that table opposite to the first-mentioned division; and

(b) is to retire as such Member on the retirement date in the year specified in column 3 of that table opposite to that division.

COLUMN 1 Former division	COLUMN 2 New division	COLUMN 3 Retirement year
Derwent	Derwent	1997
Meander	Mersey	1997
Westmorland	Westmorland	1997
Buckingham	Buckingham	1998
Macquarie	Macquarie	1998
South Esk	South Esk	1998
Monmouth	Monmouth	1999
Newdegate	Newdegate	1999
Hobart	Hobart	2000
Launceston	Launceston	2000
West Devon	Emu Bay	2001
Pembroke	Pembroke	2001
Queenborough	Queenborough	2001
Tamar	Roland	2001
Cornwall	Cornwall	2002
Huon	Huon	2002
Mersey	Leven	2002

(2)  In respect of the divisions of Murchison and Rumney, the transitional arrangements set out in the following provisions of this Part have effect.

(3)  If the seat of a Member referred to in subsection (1) becomes vacant otherwise than by effluxion of time, the person elected to fill the vacancy is to hold office only until the expiration of the period for which the vacating Member was elected.

(4)  If, immediately before the commencement of this Act, the seat of a Member elected for a former division referred to in column 1 of the table in subsection (1) is vacant –

(a) the vacant seat is, on that commencement, taken to be in the division specified in column 2 of that table opposite to that first-mentioned division; and

(b) the person elected to fill that vacancy is to retire on the retirement date in the year specified in column 3 of that table opposite to that division.

12.   Vacancy in division of Gordon or division of Russell

(1)  If, immediately before the commencement of this Act, the seat of the Member for Gordon is vacant, the division of Murchison is to be represented by the Member for Russell solely until the retirement date in 1999 and the first periodical election for that division is to be held on that date.

(2)  If, immediately before the commencement of this Act, the seat of the Member for Russell is vacant, the division of Murchison is to be represented by the Member for Gordon solely until the retirement date in 2000 when –

(a) an election for that division is to be held; and

(b) the Member elected at that election is to hold office until the retirement date in 2005 at which time the first periodical election for that division is to be held.

13.   Division of Murchison – temporary provision for 2 Members

(1)  On and from the commencement of this Act –

(a) the Member for Gordon is taken to have been elected for, and is to represent, the division of Murchison until the retirement date in 2000; and

(b) the Member for Russell is taken to have been elected for, and is to represent, the division of Murchison until the retirement date in 1999.

(2)  Subject to sections 14 and 15 , the division of Murchison is to be represented by 2 Members –

(a) on and from the commencement of this Act until the retirement date in 1999, only if those 2 Members are the Member for Gordon and the Member for Russell; and

(b) on and from the retirement date in 1999 until the retirement date in 2000, only if those 2 Members are the Member for Gordon and another Member who is elected to hold office for that division under section 16 or his or her successor –

but at all subsequent times or in any case not provided for by this section the division of Murchison is to be represented by one Member.

14.   Division of Murchison – early reversion to single member electorate

(1)  In this section,

division means the division of Murchison.

(2)  If, before the retirement date in 1999, the division is represented by 2 Members as mentioned in section 13 , this section provides principles for the division reverting to a single member electorate.

(3)  If the Member for Gordon ceases to be a Member for Murchison before the retirement date in 1999, the division is to be represented by the Member for Russell solely until the retirement date in 1999.

(4)  If the Member for Russell ceases to be a Member for Murchison before 31 March 1999, the division is to be represented by the Member for Gordon solely until the retirement date in 2000 when –

(a) an election for the division is to be held; and

(b) the Member elected at that election is to hold office until the retirement date in 2005 at which time the first periodical election for that division is to be held.

(5)  If the Member for Russell ceases to be a Member for Murchison on or after 31 March 1999 –

(a) the vacancy is to be filled by the periodical election on the retirement date in 1999; and

(b) the division is to be represented by the Member so elected or his or her successor and, until the retirement date in 2000, by the Member for Gordon.

(6)  If both the Member for Gordon and the Member for Russell cease to be Members for Murchison at the same time before 31 March 1999, an election is to be held as soon as practicable, subject to section 77(3) of the Electoral Act 1985 , to elect a new Member to represent the division solely.

(7)  If both the Member for Gordon and the Member for Russell cease to be Members for Murchison at the same time, either on 31 March 1999 or after that date and before the retirement date in 1999, the division is to be represented solely by the Member elected at the periodical election held on the retirement date in 1999.

15.   Division of Murchison – later reversion to single member electorate

(1)  In this section,

division means the division of Murchison.

(2)  Where, on or after the retirement date in 1999, the division is represented by 2 members as mentioned in section 13 , this section provides principles for the division reverting to a single member electorate.

(3)  If the Member for Gordon ceases to be a Member for Murchison before the retirement date in 2000, the division is to be represented solely by the Member elected to represent that division under section 16 or his or her successor.

(4)  If the Member elected to represent the division under section 16 ceases to be such Member before the retirement date in 2000, an election is to be held as soon as practicable, subject to section 77(3) of the Electoral Act 1985 , to elect a new Member for the division.

(5)  If both the Member for Gordon and the Member elected to represent the division under section 16 cease to be Members for Murchison at the same time before the retirement date in 2000, an election is to be held as soon as practicable, subject to section 77(3) of the Electoral Act 1985 , to elect a new Member for the division.

16.   Elections for the division of Murchison

Subject to sections 12(2) and 14(4) , the first periodical election for the division of Murchison is to be held on the retirement date in 1999.

17.   Division of Rumney – temporary representation

On and from the commencement of this Act –

(a) the person holding office as the Member for Monmouth is taken to have been elected for, and is to represent, the part of the division of Rumney which was contained in the former division of Monmouth; and

(b) the person holding office as the Member for Pembroke is taken to have been elected for, and is to represent, the part of the division of Rumney which was contained in the former division of Pembroke –

until in each case a Member is elected under section 18 to represent the division of Rumney.

18.   Elections for division of Rumney

(1)  The first periodical election for the division of Rumney is to be held on the retirement date in 2000.

(2)  Without limiting subsection (1) , if the division of Murchison ceases to be represented by 2 Members, as mentioned in section 13 , before the retirement date in 2000 –

(a) an election for the division of Rumney is to be held as soon as practicable, subject to section 77(3) of the Electoral Act 1985 ; and

(b) the Member elected at that election is to hold office as the Member for Rumney until the retirement date in 2000.

19.   Power of Governor to issue writs for elections for divisions of Murchison and Rumney

(1)  If a Member for Murchison ceases to be such Member before the retirement date in 2000, the Governor may issue a writ for a periodical or other election for the division of Murchison or the division of Rumney.

(2)  The writ is to be in accordance with the principles contained in sections 14 and 15 and the other provisions of this Part.

20.   Saving for Member for Gordon

Nothing in this Part is taken to prevent the Member for Gordon from nominating as a candidate for the division of Murchison at the first periodical election to be held on the retirement date in 1999, but, if he does so, he must first resign as a Member for Murchison with effect from a date that is not later than the retirement date in 1999.

PART 4 - Amendment of Electoral Act 1985

21.   Section 96 amended (Certain persons disqualified from being nominated as candidates for election to Council)

Section 96(1)(a) of the Electoral Act 1985 is amended by omitting "Assembly;" and substituting "Assembly or of another Council division;".

PART 5 - Amendments of Legislative Council Electoral Boundaries Act 1995

22.   Principal Act

In this Part, the Legislative Council Electoral Boundaries Act 1995 is referred to as the Principal Act.

23.    Section 2 amended (Commencement)

Section 2 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Act, except Part 4 ," and substituting "Act";

(b) by omitting subsection (2) .

24.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting the definition of electoral division and substituting the following definition:

electoral division means an electoral division for the Legislative Council specified in Schedule 2 to the Constitution Act 1934 ;

25.    Section 25 amended (Redistribution of State)

Section 25 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  The Redistribution Tribunal must determine, by notice published in the Gazette, the boundaries of the electoral divisions.

(b) by omitting from subsection (3) "distribute the State into electoral divisions equal in number to the number of members of the Legislative Council and is to".

26.    Section 29 amended (Effective date of redistribution)

Section 29 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

(2)  The first redistribution of the State under section 25 is taken to have had effect on 1 July 1996 and each subsequent redistribution takes effect on 1 July which next follows the prescribed date.

27.    Part 4 repealed

Part 4 of the Principal Act is repealed.

PART 6 - Amendments of Parlaimentary Salaries and Allowances Act 1973

28.   Parliamentary Salaries and Allowances Act 1973 amended

(1)  The Parliamentary Salaries and Allowances Act 1973 is amended by omitting from the table in clause 2(1) of Part II of Schedule 3 the items under the heading "Legislative Council Divisions -" and substituting the following items:

Buckingham

13

Cornwall

12

Derwent

18.5

Emu Bay

17

Hobart

11

Huon

18.5

Launceston

12

Leven

17

Macquarie

20

Mersey

22

Monmouth

24

Murchison

26

Newdegate

11

Pembroke

13

Queenborough

11

Roland

18.5

Rumney

13

South Esk

26

Westmorland

14

(2)  The Parliamentary Salaries and Allowances Act 1973 is further amended by inserting the following subclauses after subclause (2) of clause 2 of Part II of Schedule 3:

(3) While the Member for Gordon and the Member for Russell both represent the division of Murchison, as mentioned in section 13 of the Constitution (Legislative Council) Special Provisions Act 1997 , each of them is entitled to the electorate allowance provided by this clause.

(4) While the persons holding office as the Member for Monmouth and the Member for Pembroke represent parts of the division of Rumney, as mentioned in section 17 of the Constitution (Legislative Council) Special Provisions Act 1997 , they are not entitled to an electorate allowance in respect of that division.

PART 7 - Administration

29.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of Parts 1 and 3 of this Act is assigned to the Minister for Justice; and

(b) the Department responsible to the Minister for Justice in relation to the administration of those Parts is the Department of Justice.

[Second reading presentation speech made in:

House of Assembly on 15 APRIL 1997

Legislative Council on 21 APRIL 1997]