6.1 Description

What is the purpose of a state constitution? State constitution provides a mechanism, which outlines the powers of a state. It outlines that there will be two houses, that there will be some accountability etc…

Constitution Act 1902 (NSW)
Ss3 Definitions

In this Act, unless the context or subject-matter otherwise indicates or requires:
"Periodic Council election" means an election held for the return of 21 Members of the Legislative Council.
"The Legislature" means His Majesty the King with the advice and consent of the Legislative Council and Legislative Assembly.
ss5
General legislative powers
The Legislature shall, subject to the provisions of the Commonwealth of Australia Constitution Act, have power to make laws for the peace, welfare, and good government of New South Wales in all cases whatsoever:
Provided that all Bills for appropriating any part of the public revenue, or for imposing any new rate, tax or impost, shall originate in the Legislative Assembly.

6.2 Structure
    6.2.1 Queen and Governor

Constitution Act 1902 (NSW)
s8A
Assent to Bills

(1) Except as otherwise provided by this Act, every Bill:
(a) shall be presented to the Governor for Her Majesty’s assent after its passage through the Legislative Council and the Legislative Assembly, and
(b) shall become an Act of the Legislature when it is assented to by the Governor in the name and on behalf of Her Majesty.

(2) Nothing in subsection (1) (b) precludes Her Majesty from assenting to a Bill while Her Majesty is personally present in the State.

s9A
Appointment of Governor

(1) There shall continue to be a Governor of the State.
(2) The appointment of a person to the office of Governor shall be during Her Majesty’s pleasure by Commission under Her Majesty’s Sign Manual and the Public Seal of the State.
(3) Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court.

Australia Act 1986
ss7
Powers and functions of Her Majesty and Governors in respect of States

(1)Her Majesty's representative in each State shall be the Governor.

(2)Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.

(3)Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.

(4)While Her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.

(5)The advice to Her Majesty in relation to the exercise of the powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.

ss8
State laws not subject to disallowance or suspension of operation

An Act of the Parliament of a State that has been assented to by the Governor of the State shall not, after the commencement of this Act, be subject to disallowance by Her Majesty, nor shall its operation be suspended pending the signification of Her Majesty's pleasure thereon.

ss9
State laws not subject to withholding of assent or reservation

(1)No law or instrument shall be of any force or effect in so far as it purports to require the Governor of a State to withhold assent from any Bill for an Act of the State that has been passed in such manner and form as may from time to time be required by a law made by the Parliament of the State.

(2)No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty's pleasure thereon.

ss10
Termination of responsibility of United Kingdom Government in relation to State matters

After the commencement of this Act Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any State.

6.2.2 Legislative Council

Legislative council – (the upper house) – it is a “house of review” – to keep an eye on the lower house –

Constitution Act 1902 (NSW)
ss7
Power to alter constitution of Legislative Council or Legislative Assembly
The Legislature may, by any Act, alter the laws in force for the time being under this Act or otherwise concerning the Legislative Council or Legislative Assembly.
The prevention of the legislative council from being abolished or altered except by a referendum is stated in ss7A.

Ss7A
Referendum for Bills with respect to Legislative Council and certain other matters
(1) The Legislative Council shall not be abolished or dissolved, nor shall:
(a) its powers be altered,
(b) section 11A, Division 2 of Part 3 (sections 22G, 22H, 22I and 22J excepted), the Sixth Schedule or this section be expressly or impliedly repealed or amended,
(c)
any provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament be enacted, or
(d) any provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant be enacted,
except in the manner provided by this section.
(2) A Bill for any purpose within subsection (1) shall not be presented to the Governor for His Majesty’s assent until the Bill has been approved by the electors in accordance with this section.
(3) On a day not sooner than two months after the passage of the Bill through both Houses of the Legislature the Bill shall be submitted to the electors qualified to vote for the election of Members of the Legislative Assembly.
Such day shall be appointed by the Legislature.
(4) When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes.
(5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for His Majesty’s assent.
(6) The provisions of this section do not apply to:
(a) a Bill for the repeal, the amendment from time to time or the re-enactment from time to time with or without modifications of:
(i) any of the provisions of section 15 or 38A, or
(ii) any provision for the time being in force so far as it relates to the subject-matter dealt with in any of the provisions referred to in subparagraph (i),
(b) a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 22A (5),
(c) a provision of a Bill, being a provision with respect to the capacity of a person who holds or accepts an office of profit under the Crown specified in the Bill to be elected or to sit and vote as a Member of either House of Parliament,
(d) a provision with respect to the persons capable of being elected or of sitting and voting as Members of either House of Parliament which applies in the same way to the persons capable of being elected or of sitting and voting as Members of the other House of Parliament, or
(e) a provision with respect to the circumstances in which the seat of a Member of either House of Parliament becomes vacant which applies in the same way to the circumstances in which the seat of a Member of the other House of Parliament becomes vacant.
(8) In this section a reference to the Legislative Council shall be construed as a reference to the Legislative Council as reconstituted from time to time in accordance with this Act.

Ss17
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.

S22B(2)
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.

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