Part 3 The Legislative Council and Legislative Assembly
10 Time and place for holding sessions, and prorogation, of Parliament
The Governor may fix the time and place for holding every Session of the Legislative Council and Assembly, and may change or vary such time or place as he may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof. He may also prorogue the Legislative Council and Assembly by proclamation or otherwise whenever he deems it expedient.
11 One session of Parliament to be held in each year
There shall be a Session of the Legislative Council and Assembly once at least in every year, so that a period of twelve months shall not intervene between the last sitting of the Legislative Council and Assembly in one Session and the first sitting of the Legislative Council and Assembly in the next Session.
11A Elections to be held pursuant to writs
Every general election of Members of the Legislative Assembly and every periodic Council election shall be held pursuant to writs issued by the Governor.
A person who is entitled to vote at a periodic Council election or the election of a Member of the Legislative Assembly shall vote at the election and if he does not do so shall be liable to such penalty as may be provided by law.
12 No Member to sit or vote until he has taken the oath of allegiance
No Member either of the Legislative Council or of the Legislative Assembly shall be permitted to sit or vote therein until he has taken and subscribed before the Governor, or before some person authorised by the Governor to administer the same, the oath of allegiance in the form prescribed by the Oaths Act 1900. And whensoever the demise of His present Majesty (whom may God long preserve) or of any of His Successors to the Crown of the United Kingdom shall be notified by the Governor to the said Council and Assembly respectively, the Members of the said Council and Assembly shall, before they are permitted to sit and vote therein, take and subscribe the like oath of allegiance to the Successor for the time being to the said Crown:Provided that every person authorised by law to make an affirmation instead of taking an oath may make such affirmation in every case in which an oath is hereinbefore required to be taken.
In this section the word demise shall include abdication.
(1) Any person who directly, or indirectly, himself, or by any person whatsoever in trust for him or for his use or benefit or on his account, undertakes, executes, holds, or enjoys in the whole or in part any contract or agreement for or on account of the Public Service of New South Wales shall be incapable of being elected or of sitting or voting as a Member of the Legislative Council or Legislative Assembly during the time he executes, holds or enjoys any such contract or any part or share thereof or any benefit or emolument arising from the same.(2) If any person being a Member of such Council or Assembly enters into any such contract or agreement, or, having entered into it, continues to hold it, his seat shall be declared by the said Legislative Council or Legislative Assembly, as the case may require, to be vacant, and thereupon the same shall become and be vacant accordingly.(3) Provided that nothing in subsection (1) or (2) contained shall extend to any contract or agreement made, entered into, or accepted by any incorporated company, or any trading company consisting of more than twenty persons, where such contract or agreement is made, entered into, or accepted, for the general benefit of such incorporated or trading company.(4) It is hereby declared that nothing in subsection (1) or (2) extends to:(a) a contract or agreement for or in respect of a loan to the Treasurer or to a body authorised to borrow by Act of Parliament,(b) a contract or agreement the benefit or burden of which or any interest in which devolves upon a person:(i) as beneficiary under a will or as a person entitled to share in the estate of an intestate—until he has been in possession of the benefit, burden or interest, as the case may be, for one year from the date of commencement of the Constitution (Amendment) Act 1962 or from the date of the devolution, whichever is the later date,(ii) as executor, administrator or trustee—until he has been in possession of the benefit, burden or interest, as the case may be, for three years from the date of commencement of the Constitution (Amendment) Act 1962 or from the date of the devolution, whichever is the later date,(c) a compromise or settlement in respect of compensation or other money payable by Her Majesty or a statutory body representing Her Majesty,(d) a lease, licence for occupation, sale, purchase or exchange of land, or a contract or agreement for such a lease, sale, purchase or exchange or for the occupation of land or for an easement; or a gift or an agreement for a gift by any person of land to or for Her Majesty or a statutory body representing Her Majesty,(e) a contract or agreement for the supply or provision by or to or for Her Majesty or a statutory body representing Her Majesty of goods, wares or merchandise or services (including the provision of insurance or indemnity) where the goods, wares or merchandise or services (including the provision of insurance or indemnity) are supplied or provided on the like terms as those on which they are ordinarily supplied or provided to members of the public,(f) a loan by Her Majesty or a statutory body representing Her Majesty to any person upon the security of a mortgage, bill of sale, lien or other security upon and subject to the like terms as those ordinarily imposed by Her Majesty or the statutory body on loans made to members of the public.Notice of any such compromise or settlement as is referred to in paragraph (c) that takes place after the commencement of the Constitution (Amendment) Act 1962 shall be published in the Gazette within two months from the date of the compromise or settlement, as the case may be.
(4A) Nothing in:(a) subsection (1) applies so as to prevent a person who holds an office of profit under the Crown or has a pension from the Crown during pleasure or for a term of years from being elected or of sitting or voting as a Member of either House of Parliament, or(b) subsection (2) requires or permits the seat of a Member of either House of Parliament who accepts such an office or such a pension to be declared to be, or to become or be, vacant,by reason only of his holding or accepting that office of profit or his having or accepting that pension.(4B) In subsection (4A), office of profit under the Crown includes any office or place of profit under the Crown which, by any Act, is declared or deemed not to be an office or place of profit under the Crown for the purposes of any Act or of this Act, whether in those terms or in terms to the like effect.(5) In this section, statutory body representing Her Majesty includes any statutory body that is part of, or that exercises any function that is a function of, the Public Service of New South Wales.
If a Member of either House of Parliament:(a) fails for one whole Session of the Legislative Council and Assembly to give his attendance in the House of which he is a Member, unless excused in that behalf by the permission of that House entered upon its journals,(b) takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign prince or power or does or concurs in or adopts any act whereby he may become a subject or citizen of any foreign state or power or become entitled to the rights, privileges or immunities of a subject of any foreign state or power,(c) becomes bankrupt or takes the benefit of any law for the relief of bankrupt or insolvent debtors,(d) becomes a public defaulter, or(e) is attainted of treason or convicted of felony or any infamous crime,his seat as a Member of that House shall thereby become vacant.
13B Office of profit or pension from Crown
(1) A person:(a) holding an office of profit under the Crown, or(b) having a pension from the Crown during pleasure or for a term of years,shall not, if he is elected as a Member of either House of Parliament, be capable of sitting and voting as a Member of the House to which he is elected, and his seat as a Member shall become vacant, after the expiration of the period commencing with his election and ending on the expiration of 7 sitting days of that House after notice of his holding that office or having that pension has been given to that House in accordance with its Standing Rules and Orders, unless that House has previously passed a resolution indicating that it is satisfied that that person has ceased to hold that office or, as the case may be, that the right of that person to that pension has ceased or is suspended while he is a Member of that House.(2) If a Member of either House of Parliament accepts any office of profit under the Crown or pension from the Crown during pleasure or for a term of years, his seat as a Member of that House shall become vacant upon the expiration of the period commencing with his acceptance of the office or the pension and ending on the expiration of 7 sitting days of that House after notice of his accepting that office or pension has been given to that House in accordance with its Standing Rules and Orders, unless that House has previously passed a resolution indicating that it is satisfied that that Member has ceased to hold that office or, as the case may be, that the right of that Member to that pension has ceased or is suspended while he is a Member of that House.(3) Notwithstanding subsection (1) or (2):(a) a person:(i) who holds or accepts the office of Minister of the Crown or any office of profit under the Crown created by an Act as an office of the Executive Government,(ii) who holds or accepts an office of profit under the Crown in respect of which he is not entitled to any remuneration, except either fees payable to him, as a member of a body, in respect of his attendance at meetings of that body or an allowance for reasonable expenses incurred or to be incurred in carrying out the duties of the office, or both those fees and such an allowance,(iii) who holds or accepts an office of profit under the Crown, other than the Crown in right of the State of New South Wales, but not being an office as a member of any legislature of a country other than New South Wales, or(iv) who has or accepts a pension, referred to in subsection (1) (b) or (2), from the Crown, other than the Crown in right of the State of New South Wales,shall be capable of being elected and of sitting and voting as a Member of either House of Parliament,(b) a person who holds or accepts the office of Vice-President of the Executive Council shall be capable of being elected and of sitting and voting as a Member of either House of Parliament, and(c) a person who holds or accepts the office of Parliamentary Secretary shall be capable of being elected and of sitting and voting as a Member of either House of Parliament.(4) For the purposes of subsections (1) and (2), sitting days shall be counted, whether or not they occur during the same session of Parliament.
13C Member of one House ineligible for other
A Member of either House of Parliament shall not be capable of being elected or of sitting or voting as a Member of the other House.
13D Abatement of salary of Members receiving pension or superannuation as public servants
A Member of either House of Parliament in receipt of any allowance or pension granted under any Act authorising the grant of superannuation allowances or pensions to officers in the Public Service shall be entitled to the salary authorised by the Parliamentary Remuneration Tribunal Act 1975, subject to its abatement by the amount he receives or is entitled to as that allowance or pension.
14 Summons or election of disqualified persons
(1) If any person by this Act, except section 13B, disabled or declared to be incapable to sit or vote in the Legislative Council or Legislative Assembly is, nevertheless, elected and returned as a Member to serve in the said Council or the said Assembly, such election and return shall be declared by the said Council and Assembly, as the case may require, to be void, and thereupon the same shall become and be void to all intents and purposes whatsoever.(2) If any person under any of the disqualifications mentioned in section 13 presumes, whilst so disqualified, to sit or vote as a Member of the said Council or Assembly, such person shall forfeit the sum of one thousand dollars to be recovered by any person who sues for the same in the Supreme Court of New South Wales.
14A Disclosure of pecuniary interests and other matters by Members
(1) The Governor may, subject to subsections (4) and (5), make regulations for or with respect to:(a) the disclosure by Members of either House of Parliament of all or any of the following pecuniary interests or other matters:(i) real or personal property,(ii) income,(iii) gifts,(iv) financial or other contributions to any travel,(v) shareholdings or other beneficial interests in corporations,(vi) partnerships,(vii) trusts,(viii) positions (whether remunerated or not) held in, or membership of, corporations, trade unions, professional associations or other organisations or associations,(ix) occupations, trades, professions or vocations,(x) debts,(xi) payments of money or transfers of property to relatives or other persons by, or under arrangements made by, Members,(xii) any other direct or indirect benefits, advantages or liabilities, whether pecuniary or not, of a kind specified in the regulations,(b) prescribing the manner in which, and the times at which, pecuniary interests or other matters shall be disclosed and providing for the verification by statutory declaration or otherwise of any such disclosure, and(c) the compilation and maintenance of registers of pecuniary interests or other matters disclosed by Members of either House of Parliament and the inspection and publication of any such register.(2) If a Member of either House of Parliament wilfully contravenes any regulation made under subsection (1), that House may, in accordance with subsection (3), declare his seat vacant and the seat of the Member shall thereupon become vacant.(3) A declaration under subsection (2) shall:(a) specify the circumstances that constitute the contravention,(b) declare that the House is of the opinion that the contravention is of such a nature as to warrant the seat of the Member being declared vacant, and(c) be made in accordance with such Standing Rules and Orders of the House as may regulate the making of the declaration.(4) A regulation shall not be made under subsection (1) for or with respect to the disclosure by Members of either House of Parliament of pecuniary interests or other matters unless it applies in the same way to the disclosure by Members of the other House of Parliament of pecuniary interests or other matters.(5) The Governor shall, before making a regulation under subsection (1):(a) afford any committee of either House of Parliament established for the purpose an opportunity of considering and making representations with respect to the proposed regulation, and(b) take into account any such representations.(6) Notwithstanding anything to the contrary in the Interpretation Act 1987 or any other Act, a regulation made under subsection (1), or any part thereof, shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.(7) The publication, pursuant to any regulation made under subsection (1), of a register of pecuniary interests or other matters disclosed by Members of either House of Parliament shall, for the purposes of the Parliamentary Papers (Supplementary Provisions) Act 1975, be deemed to have been authorised by that House.
15 Standing Rules and Orders to be laid before Governor
(1) The Legislative Council and Legislative Assembly shall, as there may be occasion, prepare and adopt respectively Standing Rules and Orders regulating:(a) the orderly conduct of such Council and Assembly respectively, and(b) the manner in which such Council and Assembly shall be presided over in case of the absence of the President or the Speaker, and(c) the mode in which such Council and Assembly shall confer, correspond, and communicate with each other relative to Votes or Bills passed by, or pending in, such Council and Assembly respectively, and(d) the manner in which Notices of Bills, Resolutions and other business intended to be submitted to such Council and Assembly respectively at any Session thereof may be published for general information, and(e) the proper passing, entitling, and numbering of the Bills to be introduced into and passed by the said Council and Assembly, and(f) the proper presentation of the same to the Governor for His Majesty’s Assent, and(g) any other matter that, by or under this Act, is required or permitted to be regulated by Standing Rules and Orders.(2) Such Rules and Orders shall by such Council and Assembly respectively be laid before the Governor, and being by him approved shall become binding and of force.
Division 2 Special provisions relating to the Legislative Council
In this Division:periodic Council election includes an election for the return of 15 Members of the Legislative Council held after the commencement of the Constitution and Parliamentary Electorates and Elections (Amendment) Act 1978 and before the commencement of the 1991 reconstitution Act.
the 1991 reconstitution Act means the Constitution (Legislative Council) Amendment Act 1991.
17 Reconstitution of the Legislative Council
(1) On the commencement of the 1991 reconstitution Act, the Legislative Council is reconstituted.(2) On and from that commencement, the Legislative Council shall (subject to this Division) consist of 42 Members elected at periodic Council elections.(3) The following Members of the Legislative Council cease to be Members on the commencement of the 1991 reconstitution Act:(a) the last 3 members of the Legislative Council elected at the third-last periodic Council election held before that commencement,(b) if the seat of such a Member has become vacant since that periodic Council election—a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.
22 Eligibility to vote at periodic Council elections
The persons who would, if a periodic Council election were a general election of Members of the Legislative Assembly, be entitled to vote at that general election, and only those persons, shall be entitled to vote at that periodic Council election.
22A Conduct of periodic Council elections
(1) Periodic Council elections shall be conducted in accordance with the provisions of the Sixth Schedule.(2) (Repealed)(3) A writ for a periodic Council election shall not be issued until after the issue of the writs for the general election of Members of the Legislative Assembly held next after the immediately preceding periodic Council election and, when issued, shall name as the day for the taking of the poll the same day as the day for the taking of the poll at that general election.(4) A reference in subsection (3) to a writ does not include a reference to a writ issued by reason of the failure of an election, including a failure of an election by reason of its being declared void in accordance with law.(5) Subsection (1) does not limit the power of the Legislature to make laws (being laws that do not expressly or impliedly repeal or amend any of the provisions of the Sixth Schedule and are not inconsistent with any of those provisions) for or with respect to the conduct of periodic Council elections.
22B Term of service of Members of Legislative Council
(1) A Member of the Legislative Council shall cease to be a Member of the Legislative Council:(a) on the day of his death,(b) on the day on which his seat as such a Member becomes vacant, otherwise than by reason of paragraph (c), or(c) on the day on which his term of service as a Member expires under subsection (2), (3) or (4),whichever first occurs.(2) Subject to subsection (4), the term of service of a Member of the Legislative Council (other than a long-term continuing Member) shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the second general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.(3) Subject to subsection (4), the term of service of a long-term continuing Member shall expire on the day of the termination, either by dissolution or expiry, of the Legislative Assembly next preceding the third general election of Members of the Legislative Assembly to be held after his or her election as a Member of the Legislative Council.(4) The term of service of a Member of the Legislative Council elected to fill the seat of another Member which has become vacant otherwise than by reason of subsection (1) (c) shall expire on the day on which that other Member’s seat would have become vacant by reason of subsection (1) (c).(5) In this section, long-term continuing Member means:(a) a member of the Legislative Council who was one of the first 12 Members elected at the third-last periodic Council election held before the commencement of the 1991 reconstitution Act, or(b) a Member of the Legislative Council who was one of the first 6 Members elected at the second-last periodic Council election held before that commencement, or(c) if the seat of a Member referred to in paragraph (a) or (b) has become vacant since the periodic Council election concerned—a Member of the Legislative Council who is the successor (whether immediate, intermediate or ultimate) of that Member.
22D Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses
(1) Whenever:(a) a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), or(b) a vacancy occurs in the seat of a Member of the Legislative Council by reason of section 22B (1) (c) and that vacancy is not filled by reason that insufficient Members of the Legislative Council are elected at the periodic Council election next following the occurrence of the vacancy,the Governor, by message to both Houses of Parliament, shall convene a joint sitting of the Members of the Legislative Assembly and the Members of the Legislative Council to be held at a place and time specified in the message for the purpose of the election of a person to fill the vacant seat.(2) A person may not be nominated at any such joint sitting for election to fill a vacant seat of an elected Member of the Legislative Council if he is not eligible to be so nominated under subsection (3) or, if applicable, subsection (4).(3) A person is not eligible to be so nominated if, were he a Member of the Legislative Council, he would be disqualified from sitting or voting as such a Member.(4) Where:(a) a Member of the Legislative Council was elected at a periodic Council election and was, at the time of his election, publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, and(b) the vacancy (not being a vacancy referred to in subsection (1) (b)) to be filled is in the seat of that Member or of the successor (whether immediate, intermediate or ultimate) of that Member,a person is not eligible to be so nominated unless he is a member of that party, except where there is no member of that party available to be so nominated.(5) This section does not apply to or in respect of a vacancy that occurs by reason that a periodic Council election is declared void in accordance with law.
22E Members elected at joint sittings of both Houses of Parliament
(1) The oath or affirmation required to be taken and subscribed or made by a Member of the Legislative Council under section 12 shall not be taken or made by a person elected at a joint sitting to fill a vacancy referred to in section 22D (1) (a) until the expiration of 2 days after his election.(2) If, before a person elected at a joint sitting to fill a vacancy referred to in section 22D (1) (a) takes and subscribes the oath or makes the affirmation required to be taken and subscribed or made under section 12, he ceases to be a member of the political party membership of which was necessary under section 22D (4) for him to be eligible to be nominated for that election, he shall be deemed not to have been elected at that joint sitting and the vacant seat of the Member which he was elected to fill shall, when he so ceases to be a member of that party, again be vacant.(3) More than one vacancy may be filled at the one joint sitting.
22F Suspension of Legislative Council business for general election of the Legislative Assembly
The Legislative Council shall not be competent to dispatch any business during the period commencing on the day of the termination, either by dissolution or expiry, of any Legislative Assembly and ending on the day fixed for the return of the writ for the periodic Council election held next after that termination.
(1) There shall be a President of the Legislative Council, who is the Presiding Officer of the Legislative Council and is recognised as its independent and impartial representative.(2) A person shall be chosen to be President of the Legislative Council:(a) before the Legislative Council proceeds to the dispatch of any other business at its first meeting following a periodic Council election, and(b) at any other time when the office of President of the Legislative Council becomes vacant.(3) The person so chosen shall cease to hold office as President of the Legislative Council immediately before the Legislative Council assembles for the dispatch of business at its first meeting following a periodic Council election, and shall also cease to hold that office:(a) if he ceases to be a Member of the Legislative Council,(b) if he is removed from that office by a vote of the Legislative Council, or(c) if he resigns his office by writing under his hand addressed to the Governor.(4) Until Standing Rules and Orders of the Legislative Council otherwise provide, the President of the Legislative Council shall be chosen in accordance with the procedure for the time being for choosing the President of the Senate of the Parliament of the Commonwealth.(5) The President shall preside at all meetings of the Legislative Council except as may be provided by the Standing Rules and Orders of the Legislative Council.(6) The President or other Member presiding may take part in any debate or discussion which may arise in the Legislative Council.(7) Subject to subsection (5), during the absence from New South Wales of the President, the Chairman of Committees of the Legislative Council shall act in his place and shall, for all purposes, whether of this Act or otherwise, have and may exercise and perform all the powers, authorities, duties and functions of the President.(8) Whenever a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), the President may notify the Governor of the vacancy.
The presence of at least 8 Members of the Legislative Council (in addition to the President or other Member presiding) shall be necessary to constitute a meeting of the Legislative Council for the dispatch of business.
22I Determination of questions
All questions arising in the Legislative Council shall be decided by a majority of the votes of the Members present other than the President or other Member presiding and when the votes are equal the President or other Member presiding shall have a casting vote.
22J Resignation of seats in the Legislative Council
Any Member of the Legislative Council may, by writing under his hand, addressed to the Governor, resign his seat therein, and upon the receipt of the resignation by the Governor, the seat of that Member shall become vacant.
Division 3 Special provisions relating to the Legislative Assembly
The Governor may, as occasion requires, by proclamation or otherwise, summon and call together a Legislative Assembly.
(1) A Legislative Assembly shall, unless sooner dissolved under section 24B, expire on the Friday before the first Saturday in March in the fourth calendar year after the calendar year in which the return of the writs for choosing that Assembly occurred.(2) In this section, a reference to a writ does not include a reference to a writ issued because of the failure of an election, including a failure of an election because of its being declared void in accordance with law.
24A Date of general election for Legislative Assembly
The writs for a general election of Members of the Legislative Assembly must name as the day for the taking of the poll at that general election:(a) if the previous Legislative Assembly expired—the fourth Saturday in March next following the expiry, or(b) if the previous Legislative Assembly was dissolved—a day that is not later than the fortieth day from the date of the issue of the writs.
24B Dissolution of Legislative Assembly during 4 year term
(1) The Legislative Assembly may be dissolved by the Governor by proclamation, but only in the circumstances authorised by this section.(2) The Legislative Assembly may be dissolved if:(a) a motion of no confidence in the Government is passed by the Legislative Assembly (being a motion of which not less than 3 clear days’ notice has been given in the Legislative Assembly), and(b) during the period commencing on the passage of the motion of no confidence and ending 8 clear days thereafter, the Legislative Assembly has not passed a motion of confidence in the then Government.After the motion of no confidence is passed, the Legislative Assembly may not be prorogued before the end of that 8-day period and may not be adjourned for a period extending beyond that 8-day period, unless the motion of confidence has been passed.
(3) The Legislative Assembly may be dissolved if it:(a) rejects a Bill which appropriates revenue or moneys for the ordinary annual services of the Government, or(b) fails to pass such a Bill before the time that the Governor considers that the appropriation is required.This subsection does not apply to a Bill which appropriates revenue or moneys for the Legislature only.
(4) The Legislative Assembly may be dissolved within 2 months before the Assembly is due to expire if the general election would otherwise be required to be held during the same period as a Commonwealth election, during a holiday period or at any other inconvenient time.(5) This section does not prevent the Governor from dissolving the Legislative Assembly in circumstances other than those specified in subsections (2)–(4), despite any advice of the Premier or Executive Council, if the Governor could do so in accordance with established constitutional conventions.(6) When deciding whether the Legislative Assembly should be dissolved in accordance with this section, the Governor is to consider whether a viable alternative Government can be formed without a dissolution and, in so doing, is to have regard to any motion passed by the Legislative Assembly expressing confidence in an alternative Government in which a named person would be Premier.
25 Number of Members of Legislative Assembly
Every Legislative Assembly shall consist of 93 Members.
Each Member of a Legislative Assembly shall be elected to represent one electoral district only.
27 Distribution of New South Wales into electoral districts
(1) A distribution of New South Wales into electoral districts shall be made:(a) forthwith after the date of assent to the Constitution (Amendment) Act 1979,(b) forthwith after the enactment of any Act for the alteration of the number of Members of the Legislative Assembly,(c) forthwith after a general election of Members of the Legislative Assembly if the next previous distribution applied for the purpose of that general election and the next previous such general election, and(d) at such additional times as may be provided by law.(2) The number of electoral districts into which New South Wales shall be distributed upon any such distribution shall be the number that is equal to the number, provided by law, of Members of the Legislative Assembly to be returned at the general election of Members of the Legislative Assembly to be held next after that distribution.
28 Number of voters in electoral districts
Upon any distribution of New South Wales into electoral districts, the boundaries of each proposed electoral district shall be so determined that, at the time the distribution is made, the number of persons entitled to vote at a general election of Members of the Legislative Assembly in each proposed electoral district is equal to the quotient obtained by dividing the number of persons entitled at that time to vote at any such general election in all of the proposed electoral districts by the number of those proposed electoral districts, but subject to a margin of allowance not exceeding 10 per cent more or less of that quotient.
28A Special distribution to maintain equal number of voters in each electoral district
(1) A distribution of New South Wales into electoral districts shall be made forthwith after more than one-quarter of the number of electoral districts has been malapportioned for a period of more than 2 months.(2) For the purposes of this section, an electoral district is malapportioned at any particular time if the number of persons then entitled to vote at a general election of Members of the Legislative Assembly in the electoral district differs from the average electoral district enrolment at that time to a greater extent than 5 per cent more or less.(3) The average electoral district enrolment is the quotient obtained by dividing the number of persons entitled to vote at a general election of Members of the Legislative Assembly in all electoral districts by the number of those districts.(4) A distribution shall not be made under this section if:(a) the distribution would commence within 1 year before the expiry of the Legislative Assembly by the effluxion of time, or(b) a distribution has already been made since the last general election of Members of the Legislative Assembly (whether under this section or not), or(c) a distribution is required to be made apart from this section.
29 Conduct of Legislative Assembly elections
(1) Elections of Members of the Legislative Assembly shall be conducted in accordance with the provisions of the Seventh Schedule.(2) Subsection (1) does not limit the power of the Legislature to make laws (being laws that do not expressly or impliedly repeal or amend any of the provisions of the Seventh Schedule and are not inconsistent with any of those provisions) for or with respect to the conduct of elections of Members of the Legislative Assembly.
30 Assembly may proceed to business although writs not exceeding five shall not have been returned
Upon any general election the Legislative Assembly shall be competent to proceed to the dispatch of business at the time appointed by the Governor for that purpose notwithstanding that any of the writs of election (not exceeding five) have not been returned, or that in any of the electoral districts the electors have failed to elect a Member to serve in the said Assembly.
(1) There shall be a Speaker of the Legislative Assembly, who is the Presiding Officer of the Legislative Assembly and is recognised as its independent and impartial representative.(2) The Members of the Legislative 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 his death, resignation, or removal by a vote of the said Legislative Assembly, the said Members shall forthwith proceed to elect another of such Members to be such Speaker.(3) The Speaker so elected shall preside at all meetings of the said Legislative Assembly except as may be provided by the Standing Rules and Orders herein authorised to be made.
31A Absence of Speaker from New South Wales
(1) During the absence from New South Wales of the Speaker the Deputy Speaker of the Legislative Assembly shall act in his place, and for all purposes, whether of this Act or otherwise, shall have and may exercise and perform all the powers, authorities, duties and functions of the Speaker.(2) Without prejudice to the generality of subsection (1) the Deputy Speaker of the Legislative Assembly, while acting in the place of the Speaker under that subsection, shall be deemed to be the Speaker for the purposes of section 71 of the Parliamentary Electorates and Elections Act 1912–1935.
31B Manner of election of Speaker
(1) The election of the Speaker shall be conducted by secret ballot. A ballot is not required if only one candidate is validly nominated, and that candidate shall be declared elected.(2) Nominations shall be made in writing, and the identity of the nominators and seconders shall not be disclosed by the Clerk of the Legislative Assembly or other person presiding at the election. A nomination is not validly made unless the person nominated accepts nomination, by endorsement on the instrument of nomination.(3) Nominations shall not be closed until a reasonable opportunity has been given for the Members of the Legislative Assembly desiring to do so to make nominations. Further nominations may not be made between ballots.(4) The candidates with the smallest number of votes shall be successively withdrawn one by one, and a fresh ballot shall take place after each withdrawal, until one candidate receives the votes of at least two-thirds of the number of Members of the Legislative Assembly for the time being or (if there are only two candidates validly nominated or there are only two candidates left) a majority of the number of Members voting at that ballot. That candidate shall be declared elected.(5) If there is an equality of votes among the candidates with the smallest number of votes, the ballot shall be taken again, and if again there is such an equality of votes, the Clerk of the Legislative Assembly or other person presiding at the election shall determine, by lot, which of the candidates with the same number of votes shall be withdrawn, as if that candidate had received the smallest number of votes.(6) If there are only two candidates validly nominated or there are only two candidates left, and if there is an equality of votes among the two candidates, the ballot shall be taken again, and if again there is an equality of votes, the Clerk of the Legislative Assembly or other person presiding at the election shall determine, by lot, which of the candidates is taken to have received the smaller number of votes. The other candidate shall be declared elected.(7) The Standing Rules and Orders of the Legislative Assembly may make provision, not inconsistent with this section, for or with respect to the manner of election of the Speaker and associated matters.(8) In the absence of relevant Standing Rules and Orders at the time of such an election, the election is to be conducted (subject to this section and to any necessary adaptations) in accordance with the provisions of the Standing Orders of the Senate of the Parliament of the Commonwealth that relate to the election of the President of the Senate.
32 Quorum division casting vote
(1) The presence of at least twenty Members of the Legislative Assembly, exclusive of the Speaker, shall be necessary to constitute a meeting of the said Assembly for the dispatch of business.(2) All questions (except as herein is excepted) which arise in the said Assembly shall be decided by the majority of votes of the Members present other than the Speaker, and when the votes are equal the Speaker shall have the casting vote.
33 Resignation of seats in the Assembly
Any Member of the Legislative Assembly may, by writing under his hand, addressed to the Speaker, resign his seat therein, and upon the receipt of such resignation by the Speaker, the seat of such Member shall become vacant.