Contents (1902 - 32)
Constitution Act 1902 No 32
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Recognition of Aboriginal people
3 Definitions
4 Application of Act

Part 2 Powers of the Legislature

5 General legislative powers
5A Disagreement between the two Houses—appropriation for annual services
5B Disagreements—referendum
5C Words of enactment
6 (Repealed)
7 Power to alter constitution of Legislative Council or Legislative Assembly
7A Referendum for Bills with respect to Legislative Council and certain other matters
7B Referendum for Bills with respect to Legislative Assembly and certain other matters
8 (Repealed)
8A Assent to Bills

Part 2A The Governor

9 Meaning of “unavailable”
9A Appointment of Governor
9B Appointment of Lieutenant-Governor and Administrator
9C Administration of government by Lieutenant-Governor or Administrator
9D Deputy for Governor during short illness or absence
9E Oaths or Affirmations of Allegiance and of Office
9F Letters Patent and Instructions cease to have effect
9G Continuation of existing Commissions, appointments etc
9H Public Seal of the State
9I Governor’s salary

Part 3 The Legislative Council and Legislative Assembly

Division 1 General provisions

10 Time and place for holding sessions of Parliament
10A Prorogation of Parliament
11 One session of Parliament to be held in each year
11A Elections to be held pursuant to writs
11B Compulsory voting
12 No Member to sit or vote until pledge of loyalty or oath of allegiance taken
13 Disqualifications
13A Further disqualifications
13B Office of profit or pension from Crown
13C Member of one House ineligible for other
13D Abatement of salary of Members receiving pension or superannuation as public servants
14 Summons or election of disqualified persons
14A Disclosure of pecuniary interests and other matters by Members
15 Standing Rules and Orders to be laid before Governor

Division 2 Special provisions relating to the Legislative Council

16 Definitions
17 Reconstitution of the Legislative Council
17A–21 (Repealed)
22 Eligibility to vote at periodic Council elections
22A Conduct of periodic Council elections
22B Term of service of Members of Legislative Council
22C (Repealed)
22D Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses
22E Members elected at joint sittings of both Houses of Parliament
22F Suspension of Legislative Council business for general election of the Legislative Assembly
22G President
22H Quorum
22I Determination of questions
22J Resignation of seats in the Legislative Council

Division 3 Special provisions relating to the Legislative Assembly

23 Convocation of Assembly
24 Duration of Assembly
24A Date of general election for Legislative Assembly
24B Dissolution of Legislative Assembly during 4 year term
25 Number of Members of Legislative Assembly
26 Single Member electorates
27 Distribution of New South Wales into electoral districts
28 Number of voters in electoral districts
28A Special distribution to maintain equal number of voters in each electoral district
29 Conduct of Legislative Assembly elections
30 Assembly may proceed to business although writs not exceeding five shall not have been returned
31 Speaker
31A Absence of Speaker from New South Wales
31B Manner of election of Speaker
32 Quorum and determination of questions
33 Resignation of seats in the Assembly
34 (Repealed)

Part 4 The Executive

Division 1 Preliminary

35 Definitions
35A Preservation of certain conventions etc relating to advice to Governor

Division 2 The Executive Council

35B Continuation of Executive Council
35C Members of the Executive Council
35CA Executive Councillor’s pledge of loyalty or oath of allegiance and oath of office
35D Meetings of the Executive Council

Division 3 Appointment of Ministers of the Crown

35E Appointment of Ministers
35F (Repealed)

Division 4 Functions of Ministers of the Crown

36 Authority for Minister of the Crown to act for and on behalf of another Minister of the Crown
37 Unavailability of Minister of the Crown
37A Provisions ancillary to sections 36 and 37
38 Limitation as to exercise of Attorney-General’s functions
38A Powers of Ministers to speak in Legislative Council

Part 4A Parliamentary Secretaries

38B Appointment of Parliamentary Secretaries
38C Functions of Parliamentary Secretary
38D How Parliamentary Secretary ceases to hold office
38E Restrictions relating to Parliamentary Secretaries

Part 5 The Consolidated Fund

39 Consolidated Fund
40 Expenses of collection
41–44 (Repealed)
45 Appropriation of Consolidated Fund
46 Money Bills to be recommended by Governor

Part 6 Officers and departments

47 Appointment of officers
48 Absent officers
49 (Repealed)
49A Demise of the Crown

Part 7 Enrolment of Acts

50 Enrolment of Acts

Part 8 Local government

51 Local government

Part 9 The judiciary

52 Definition and application
53 Removal from judicial office
54 Suspension from judicial office
55 Retirement
56 Abolition of judicial office

 First–Fifth Schedules (Repealed)

 Sixth Schedule Conduct of Legislative Council elections

 Seventh Schedule Conduct of Legislative Assembly elections

Historical notes