Constitution Act 1902 No 32
Current version for 28 October 2014 to date (accessed 19 December 2014 at 09:25)
Part 3Division 1

Division 1 General provisions

10   Time and place for holding sessions 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.

10A   Prorogation of Parliament

(1)  The Governor may, by proclamation, prorogue the Legislative Council and Assembly whenever the Governor considers it expedient to do so (subject to this section and section 24B).
(2)  The Premier or Executive Council may not advise the Governor to prorogue the Legislative Council and Assembly on a date that is before 26 January in the calendar year in which the Legislative Assembly is due to expire and that is after the fourth Saturday in the preceding September.

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.

11B   Compulsory voting

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 pledge of loyalty or oath of allegiance taken

(1)  A Member of the Legislative Council or the Legislative Assembly is not permitted to sit or vote in the House to which the Member has been elected until the Member has taken the pledge of loyalty or oath of allegiance before the Governor or other person authorised by the Governor for that purpose.
(2)  The pledge of loyalty is to be in the following form:

Under God, I pledge my loyalty to Australia and to the people of New South Wales.

(3)  A Member may omit the words “Under God” when taking the pledge of loyalty.
(4)  The oath of allegiance is to be in the following form (with the name of the reigning Sovereign substituted, where appropriate):

I swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her heirs and successors according to law. So help me God.

(4A)  A Member may, instead of taking an oath of allegiance, make an affirmation to the same effect.
(4B)  It is not necessary for a Member who has taken or made an oath or affirmation of allegiance to take or make that oath or affirmation again after any demise of the Crown, including by or on abdication.
(5)  This section applies only to Members elected after the commencement of the Constitution Amendment (Pledge of Loyalty) Act 2006.

13   Disqualifications

(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.
(4C)  Nothing in:
(a)  subsection (1) applies so as to prevent a person from being elected or from 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 to be declared to be, or to become or be, vacant,
on the ground that he or she elects or agrees to be provided with, or receives, employment benefits (including salary sacrifice contributions for superannuation) under the Parliamentary Remuneration Act 1989 or any other Act.
(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.

13A   Further disqualifications

(1)  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 convicted of an infamous crime, or of an offence punishable by imprisonment for life or for a term of 5 years or more, and is the subject of the operation of subsection (2),
his seat as a Member of that House shall thereby become vacant.
(2)  For the purposes of subsection (1) (e), a Member is the subject of the operation of this subsection if:
(a)  the Member has not lodged an appeal against the conviction within the prescribed period, or
(b)  the conviction has not been quashed on the determination of an appeal or appeals lodged within the prescribed period, or
(c)  such an appeal has been lodged within the prescribed period but has been withdrawn, or has lapsed, without being determined, and no other appeal lodged within the prescribed period is pending.
(3)  Nothing in this section affects any power that a House has to expel a Member of the House.
(4)  An appeal is taken to have lapsed when a court makes a declaration to that effect or relevant rules of court treat the appeal as having lapsed.
(5)  In this section:

appeal includes a notice of appeal and an application for leave to appeal, and any appeal lodged pursuant to such a notice or pursuant to leave granted on such an application.

prescribed period, in relation to an appeal, means the period within which the appeal may be lodged, but does not include any extension of a period which a court may grant.

quash a conviction means quash or otherwise set aside the conviction.

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.
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