Page:Constitution Act, 1902 (New South Wales).pdf/4

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
196
Act No. 32, 1902.
196

Constitution.


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:

Proviso.
17 Vic. No. 31, s. 34.
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.

Disqualifications.
Ibid. s. 28.
13. (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 shall be incapable of being summoned or 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.

13. Vacation of scat.(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.

13. Proviso.(3) Provided that nothing herein 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.

Summons or election of disqualified persons.
Ibid. s. 29.
14. (1) If any person by this Act disabled or declared to be incapable to sit or vote in the Legislative Council or Legislative Assembly is, nevertheless, summoned to the said Council, or elected and returned as a Member to serve in the said Assembly for any electoral district, such summons or 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.

14. Penalty on their sitting or voting.(2) If any person under any of the disqualifications mentioned in the last preceding section presumes, whilst so disqualified, to sit or vote as a Member of the said Council or Assembly, such person shall forfeit the sum of five hundred pounds to be recovered by any person who sues for the same in the Supreme Court of New South Wales.

Standing rules and orders.
Ibid. s. 35.
15. (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)