Constitution.
Vacation of seat.
17. Vic. No. 41, s. 5.19. If any Legislative Councillor—
| (a) | fails for two successive Sessions of the Legislature to give his attendance in the Legislative Council unless excused in that behalf by the permission of His Majesty or of the Governor signified by the Governor to the Legislative Council; or | |
| (b) | takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power; or | |
| (c) | does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign state or power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign state or power; or | |
| (d) | becomes bankrupt, or takes the benefit of any law relating to insolvent debtors; or | |
| (e) | becomes a public contractor or defaulter; or | |
| (f) | is attainted of treason, or convicted of felony or infamous crime, |
his seat in such Council shall thereby become vacant.
Trial of questions of vacancy.
Ibid. s. 6.20. Any question which arises respecting any vacancy in the Legislative Council on occasion of any of the matters aforesaid shall be referred by the Governor to the said Legislative Council to be by the said Legislative Council heard and determined:
Provided that either the person respecting whose seat such question arises, or the Attorney-General on His Majesty’s behalf, may appeal from the determination of the said Council in such case to His Majesty, and that the judgment of His Majesty, given with the advice of His Privy Council thereon, shall be final and conclusive to all intents and purposes.
President.
Ibid. s. 7.21. (1) The Governor may, by an instrument under the Great Seal, appoint one Member of the Legislative Council to be President thereof.
21. (2) The said President may take part in any debate or discussion which may arise in the Legislative Council.
Quorum.
Ibid. s. 8.
54 Vic. No. 1, s. 1.22. (1) The presence of at least one-fourth of the Members of the Legislative Council exclusive of the President shall be necessary to constitute a quorum for the despatch of business:
Provided that if the whole number of Members constituting the Legislative Council is not exactly divisible by four, the quorum of the Legislative Council shall consist of such whole number as is next greater than one-fourth of the Members.
22. Voting.
17 Vic. No. 31, s. 8.(2) All questions arising in the Legislative Council shall be decided by a majority of the votes of the Members present other than the President, and when the votes are equal the President shall have a casting vote.
