Page:Constitution Act, 1902 (New South Wales).pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
201
Act No. 32, 1902.
201

Constitution.


Vacation of seats of Members of Assembly.
17 Vic. No. 41, s. 26.
34. If any Member of the Legislative Assembly—

(a) fails for one whole Session of the Legislature to give his attendance in the said Assembly, unless excused in that behalf by the permission of the Assembly entered upon its journals; or
(b) takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power, or does or concurs in or adopts any act whereby he may become a subject or citizen of any foreign state or power, or become entitled to the rights, privileges, or immunities of a subject of any foreign state or power; or
(c) becomes bankrupt or an insolvent debtor within the meaning of the law in force for the time being relating to bankrupts or insolvent debtors; or
(d) becomes a public defaulter; or
(e) is attainted of treason or convicted of felony or any infamous crime,

his seat in such Assembly shall thereby become vacant.


PART IV.
Executive Councillors’ functions.

Interpretation.
44 Vic. No. 6, s. 1.
35. In this Part of this Act—

“Executive Councillor” means any member of the Executive Council appointed and sworn in as such member and being also a Minister of the Crown, but does not include the Governor or officer administering the government of the State.

Governor may change administrative duties.
Ibid. s. 2.
36. The Governor may authorise any Executive Councillor to exercise the powers and perform the official duties and be responsible for the obligations appertaining or annexed to any other Executive Councillor in respect to the administration of any department of the Public Service, whether such powers, duties, or obligations were created by virtue of the terms (express or implied) of any Act or are sanctioned by official or other custom:

Proviso.Provided that no such authority shall be granted under this section in respect of the powers, duties, and obligations by law annexed or incident to the office of the Attorney-General.

Authority to be recorded.
Ibid. s. 3.
37. Every such authority shall be in such terms and subject to Authority to such conditions as the Governor thinks fit and shall be duly recorded by the officer in charge of the records of the Executive Council.

38.