Constitution.
Division 3.—Special Provisions relating to the Legislative Assembly.
Convocation of Assembly.
17 Vic. No. 41, s. 9.23. The Governor may, as occasion requires, in the name of His Majesty, by instrument under the Great Seal, summon and call together a Legislative Assembly.
Duration of Assembly.
37 Vic. No. 7, s. 2.24. Every such Legislative Assembly shall exist and continue for three years from the day of the return of the writs for choosing the same and no longer, subject nevertheless to be sooner prorogued or dissolved by the Governor.
Disqualification of members of the Legislative Council.
Ibid. s. 17.25. No person being a Member of the Legislative Council shall be capable of being elected or of sitting or voting as a Member of the Legislative Assembly.
Offices of profit.
47 Vic. No. 5, s. 2.26. No person—
| (a) | holding an office of profit under the Crown other than one or more of the offices enumerated in the Second Schedule.Second Schedule hereto; or | |
| (b) | having a pension from the Crown during Pleasure, or for any term of years, |
shall be capable of being elected or of sitting or voting as a Member of the Legislative Assembly, but the holders for the time being of the offices enumerated in the said Schedule shall be so capable:
Provided that the holder of any office of profit under the Crown created by Act of Parliament as an office of the Executive Government shall be capable of being elected and of sitting and voting as a Member of the said Assembly.
Effect of acceptance of office of profit.
Ibid. s. 3.27. If any Member of the said Assembly accepts any office of profit under the Crown, or pension from the Crown, during pleasure or for a term of years, his election shall thereupon become void, and a writ shall forthwith issue for a new election:
Provided that nothing in this or the last preceding section shall extend to—
| (a) | any person in receipt only of pay, half-pay, or a pension as an officer in His Majesty’s navy or army, or who receives any new or other commission in the army or navy, or any increase of pay on such commission; or | |
| (b) | any of the officers enumerated in the Second Schedule.Second Schedule hereto, or referred to in the last preceding section, who accept any other office of the Executive Government referred to in the said section or enumerated in the said Schedule. |
Allowance to Members of the Legislative Assembly.
53 Vic. No. 12, s. 2.28. Every Member of the Legislative Assembly now serving or hereafter to serve therein shall, unless he is one of the persons specified or referred to in the next following section, be entitled to receive, by way of reimbursement for expenses incurred by him in the discharge of his Parliamentary duties, an allowance at the rate of three hundred pounds per annum.
