Part 4A Parliamentary Secretaries

38B   Appointment of Parliamentary Secretaries

(1)  The Premier may, from time to time, appoint a Member or Members of either House of Parliament to hold office as Parliamentary Secretary.

(2)  Section 47 does not apply to or in respect of the office of Parliamentary Secretary.

38C   Functions of Parliamentary Secretary

(1)  A Parliamentary Secretary shall have and may perform such functions as the Premier may, from time to time, determine in respect of him.

(2)  Nothing in this section authorises a Parliamentary Secretary to perform any functions that may, by the terms (express or implied) of an Act or instrument under an Act, or by or under any other law, only be performed by some other person.

38D   How Parliamentary Secretary ceases to hold office

(1)  A person holding office as Parliamentary Secretary ceases to hold that office:

(a)  if he dies,

(b)  if the person by whom he was appointed as such ceases to be Premier,

(c)  if he resigns his office as such by writing under his hand addressed to the Premier,

(d)  if he is removed from office as such by the Premier,

(e)  if his seat as a Member of either House of Parliament becomes vacant, otherwise than by reason of the fact that the Legislative Assembly has been dissolved or has expired by the effluxion of time, or

(f)  upon the day appointed for the taking of the poll for the general election of Members of the Legislative Assembly next following his appointment to hold that office.

(2)  The Premier may, for any cause which appears to him to be sufficient, remove any person from office as Parliamentary Secretary.

38E   Restrictions relating to Parliamentary Secretaries

(1)  A person shall not be appointed to hold office as Parliamentary Secretary if he is a Minister of the Crown or a member of the Executive Council.

(2)  A person shall not be appointed as a Minister of the Crown or a member of the Executive Council if he is a Parliamentary Secretary.