Version No. 095
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Version incorporating amendments as at
25 October 2012
TABLE OF PROVISIONS
Section
1
2
3, 4
5
6
Short title and commencement
Repeal and transitional
Repealed
Act to bind Crown
Extraterritorial operation of Act
PART I—Repealed
7–10
Page
1
2
3
3
4
4
Repealed
4
PART II—PARLIAMENT GENERALLY
5
Divisions 1–3—Repealed
5
11–36
Repealed
5
Division 4—Parliamentary Contributory Retirement Fund
37
Definitions and application
38–40 Repealed
41
Deduction from salaries of members
42
Members' pensions
43
Application of Division to certain members
44
Suspension of pension in certain cases
45
Pensions for certain Premiers and their spouses
45A Pensions of former members
46
Regulations
Divisions 5–10—Repealed
47–65
6
8
9
9
13
16
17
17
19
19
Repealed
19
Division 11—Expenses of Executive and Legislative Councils
66
6
Repealed
20
20
i
Section
Page
PARTS III–X—Repealed
21
67–415 Repealed
21
__________________
SCHEDULES
37
SCHEDULE 1—Repeals
37
SCHEDULES 2–19—Repealed
38
═══════════════
ENDNOTES
42
1. General Information
42
2. Table of Amendments
43
3. Explanatory Details
54
ii
Version No. 095
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Version incorporating amendments as at
25 October 2012
An Act to consolidate the Law relating to the Amendment of the
Constitution.
WHEREAS it is provided in the sixtieth section of
The Constitution Act that the Legislature of
Victoria has full power and authority from time to
time by any Act or Acts to repeal alter or vary all
or any of the provisions of the said Act and to
substitute others in lieu thereof:
Preamble, 18
and 19 Vict
chap. 55,
schedule.
AND WHEREAS various amending Acts have
from time to time been duly passed:
AND WHEREAS it is expedient that the said
amending Acts should be consolidated:
BE IT THEREFORE ENACTED by the Queen's Most Excellent
Majesty by and with the advice and consent of the Legislative
Council and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as follows
(that is to say):
1 Short title and commencement
This Act may be cited as The Constitution Act
Amendment Act 1958, and shall come into
operation on a day to be fixed by proclamation of
the Governor in Council published in the
Government Gazette.
1
S. 1
amended by
Nos 6764
s. 8(a)(i), 7510
s. 2(a), 8399
s. 2(b), 8730
s. 2(a), 9019
s. 2(1)(Sch.
item 18), 9427
s. 6(1)(Sch. 5
item 25),
10146 s. 6(a)–
(h), 31/1988
s. 26(a).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 2
2 Repeal and transitional
(1) The Acts mentioned in the First Schedule to the
extent thereby expressed to be repealed are hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under any of the
Acts so repealed or existing or continuing
under any of such Acts immediately before
the commencement of this Act shall under
and subject to this Act continue to have the
same status operation and effect as they
respectively would have had if such Acts had
not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph, such
repeal shall not disturb the continuity of
status operation or effect of any
proclamation regulation by-law order
appointment roll writ poll determination
membership classification notice pension
salary allowance liability or right made given
issued accrued incurred or acquired or
existing or continuing by or under any of
such Acts before the commencement of this
Act; nor shall such repeal affect the
operation of subsection (2) of section two of
the Parliamentary Contributory
Retirement Fund (Amendment) Act 1956;
nor shall such repeal disturb the effect of any
amendment to The Constitution Act made by
any of such Acts.
S. 2(3)
repealed by
No. 23/2002
s. 185(1).
*
*
*
2
*
*
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 5
*
*
*
*
*
*
*
*
*
*
5 Act to bind Crown
(1) This Act binds the Crown, not only in right of the
State of Victoria but also, so far as the legislative
power of Parliament permits, the Crown in all its
other capacities.
(2) Nothing in this Act renders the Crown liable to be
prosecuted for an offence.
3
S. 3
amended by
Nos 6764
s. 2(a)(b), 7109
s. 2, 7462 s. 2,
7912 s. 2, 8308
s. 2, 8399
s. 2(c), 8798
s. 2, 9019
s. 2(1)(Sch.
items 19, 20),
9216 s. 2, 9581
s. 2, 10106
s. 10, 10146
s. 7(1)(2),
31/1988 s. 4,
75/1988
s. 4(3),
23/1994
s. 118(Sch. 1
item 56.1),
24/1999 s. 4,
74/2000
s. 3(Sch. 1
item 125.1),
repealed by
No. 23/2002
s. 185(1).
S. 4
repealed by
No. 8750
s. 96(Sch. 1
Pt 1), new s. 4
inserted by
No. 31/1988
s. 5,
repealed by
No. 23/2002
s. 185(1).
S. 5
repealed by
No. 8750
s. 96(Sch. 1
Pt 1), new s. 5
inserted by
No. 31/1988
s. 6.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 6
S. 6
repealed by
No. 8750
s. 96(Sch. 1
Pt 1), new s. 6
inserted by
No. 31/1988
s. 6.
6 Extraterritorial operation of Act
This Act extends to officers appointed for the
purposes of this Act outside Victoria.
_______________
*
*
*
*
*
Ss 7–9
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
S. 10
amended by
Nos 7106 s. 3,
7656 s. 3,
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
Pt 1 (Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.2).
_______________
4
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 11
PART II—PARLIAMENT GENERALLY
*
*
*
*
*
*
*
*
*
*
Ss 11–13
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
Pt 2 Div. 2
(Heading and
ss 14–31)
repealed.1
*
*
*
*
*
Pt 2 Div. 3
(Heading)
substituted by
No. 8399
s. 2(a),
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.4).
*
*
*
*
*
S. 32
repealed by
No. 7723
s. 2(Sch.
item 1(b)),
new s. 32
inserted by
No. 8399
s. 2(a),
repealed by
No. 9059
s. 2(1)(Sch.
item 8).
5
Pt 2 Div. 1
(Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.3).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 37
*
*
*
*
*
S. 34
amended by
Nos 6428 s. 3,
6519 s. 3, 7149
s. 3,
substituted by
No. 7227 s. 2,
amended by
Nos 7462
s. 3(2)(a), 7532
s. 3(a),
repealed by
No. 7723
s. 2(Sch.
item 1(b)).
*
*
*
*
*
S. 35
amended by
Nos 6519 s. 4,
6636 s. 15(2),
substituted by
No. 7227 s. 2,
repealed by
No. 7723
s. 2(Sch.
item 1(b)).
*
*
*
*
*
S. 36
repealed by
No. 7723
s. 2(Sch.
item 1(b)).
*
*
*
*
*
S. 33
amended by
No. 6519 s. 2,
substituted by
No. 7227 s. 2,
repealed by
No. 7723
s. 2(Sch.
item 1(b)).
Division 4—Parliamentary Contributory Retirement Fund
Nos 6006
s. 37; 6051
s. 2(1).
S. 37(1) def. of
basic wage
substituted by
No. 7723
s. 2(Sch.
item 1(c)).
37 Definitions and application
(1) In this Division unless inconsistent with the
context or subject-matter—
basic wage means the sum of $35.05 together with
such amount as is from time to time declared
under subsection (4) by Order of the
Governor in Council published in the
6
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 37
Government Gazette to be the amount by
which the minimum wage payable to an
adult male in Melbourne has increased since
the 1st day of December 1968;
Division means Division of this Part of this Act
and (where the case requires) includes any
corresponding previous enactment;
election means an election for the Council or the
Assembly;
Fund means the Parliamentary Contributory
Retirement Fund established and kept under
the Parliamentary Salaries and
Superannuation Act 1968;
S. 37(1) def. of
Fund
amended by
No. 7723
s. 2(Sch.
item 1(c)).
member means member of the Parliament of
Victoria;
salary means salary and electorate allowance paid
to a member out of the Consolidated Fund
pursuant to the last preceding Division;
S. 37(1) def. of
salary
amended by
No. 21/1991
s. 11(b).
trustee means trustee of the Fund under this
Division.
(2) For the purposes of this Division a member shall
not be deemed to have ceased to be a member by
reason only of retirement by effluxion of time or
the dissolution of the Council or (as the case may
be) retirement by effluxion of time or the
dissolution of the Assembly.
(3) This Division shall apply to and in relation to any
person who was a member before the
commencement of the Parliamentary
Contributory Superannuation Act 1962 but
who is not at the said commencement a member
and has not become a member after the
commencement of that Act but except as
hereinafter provided shall not apply to or in
7
S. 37(3)
inserted by
No. 6968
s. 11(a).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 37
relation to any person who is or has been a
member of the Forty-second Parliament or of any
subsequent Parliament:
Provided that notwithstanding anything in this
Division the widow of any member who was a
member of the Forty-second Parliament before the
commencement of the Parliamentary
Contributory Superannuation Act 1962 and
who ceased to be such a member before the
commencement of the said Act shall be entitled to
a pension under subsection (4) of section fortytwo of this Act if she would have been entitled to
an ordinary superannuation benefit under such
Parliamentary Contributory Superannuation
Act 1962 if that Act had been in operation at the
commencement of the said Forty-second
Parliament.
S. 37(4)
inserted by
No. 7723
s. 2(Sch.
item 1(c)),
amended by
No. 47/1992
s. 25(10).
(4) The Governor in Council shall by Order published
in the Government Gazette within 31 days after
the 30th day of June in each year declare the
amount that in his opinion having regard to any
awards of the Australian Industrial Relations
Commission is the amount by which the minimum
wage has been increased between the 1st day of
December 1968 and the 30th day of June then last
past.
Ss 38, 39
repealed by
No. 7723
s. 2(Sch.
item 1(d)).
*
*
*
*
*
S. 40
amended by
No. 6968
s. 11(b),
repealed by
No. 7723
s. 2(Sch.
item 1(d)).
*
*
*
*
*
8
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 41
41 Deduction from salaries of members
No. 6006 s. 41.
Upon each periodical payment of the salary of a
member there shall be deducted from the amount
payable to him—
(a) where the payment is made at fortnightly
intervals—a sum of $12;
(b) where the payment is made at other
intervals—a sum at the rate equivalent to
$12 per fortnight.
No. 6006 s. 42.
42 Members' pensions
(1) (a) Subject to this Division every person who
after the commencement of the
Parliamentary Contributory Retirement
Fund Act 1946 ceases to be a member and
who has served as a member for an
aggregate period of fifteen years or more
shall be entitled to be paid out of the Fund a
pension fortnightly at the rate of one and
one-quarter times the basic wage.
S. 42(1)(a)
amended by
No. 7723
s. 2(Sch.
item 1(e)).
(b) The service referred to in this subsection
may include service before the
commencement of that Act as well as service
after such commencement.
(2) (a) Subject to this Division every person who
after the commencement of the
Parliamentary Contributory Retirement
Fund Act 1946 ceases to be a member as the
result of defeat at an election or as the result
of resignation for, or of not seeking
re-election owing to, good and sufficient
reasons which satisfy the trustees and who
has been a member in at least three
Parliaments (but does not possess the
qualifications specified in the last preceding
subsection) shall be entitled to be paid out of
9
S. 42(2)(a)
amended by
No. 7723
s. 2(Sch.
item 1(e)).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 42
the Fund a pension fortnightly at the rate of
one and one-quarter times the basic wage.
(b) The Parliaments referred to in this subsection
may include any Parliament or Parliaments
held before or after or current at the
commencement of this Act.
S. 42(3)(a)
amended by
No. 46/1987
s. 6.
S. 42(3)(a)(i)
amended by
No. 46/1987
s. 6.
S. 42(3)(a)(ii)
amended by
No. 46/1987
s. 6.
(3) (a) Every person who after the commencement
of this Act ceases to be a member as the
result of defeat at an election or as the result
of resignation for, or of not seeking reelection owing to, good and sufficient
reasons which satisfy the trustees but is not
entitled to a pension pursuant to the
foregoing provisions of this section shall be
entitled to be paid out of the Fund—
(i) in the case where such person has been
a member in at least two Parliaments—
a retiring allowance of $1300 or of the
aggregate amount of the deductions
from that member's salary pursuant to
this Division (whichever is the greater);
and
(ii) in the case where such person has not
been a member in at least two
Parliaments—a retiring allowance of
$650 or of the aggregate amount of the
deductions from that member's salary
pursuant to this Division (whichever is
the greater)—
and in the event of the death of such person
in either case before such retiring allowance
is paid to that person it shall be paid to that
member's legal personal representative.
S. 42(3)(b)
amended by
No. 46/1987
s. 6.
(b) If a member dies after the commencement of
this Act there shall, unless a pension is
required to be paid to that member's spouse
10
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 42
under the next succeeding subsection, be
paid out of the Fund to that member's legal
personal representative an amount of $1300
or the aggregate amount of the deductions
from that member's salary pursuant to this
Division (whichever amount is the greater).
(c) The Parliaments referred to in this subsection
include any Parliament or Parliaments held
before or after or current at the
commencement of this Act.
(4) Upon the death—
(a) of any person receiving a pension as
aforesaid or of a member who would have
been on ceasing to be a member entitled to
receive a pension as aforesaid; or
S. 42(4)
amended by
No. 46/1987
s. 6.
(b) after the commencement of the
Parliamentary Contributory Retirement
Fund Act 1948, of a member who had been
a member in at least three Parliaments
(including Parliaments held before or after or
current at the commencement of this Act); or
(c) after the commencement of the
Parliamentary Contributory Retirement
Fund Act 1951, of a person who is entitled
to receive a pension but whose right to
receive that pension is at the date of that
person's death suspended pursuant to section
forty-four of this Act—
the spouse of such person or member shall until
that spouse's death or re-marriage be entitled to
receive out of the Fund a weekly pension equal to
the amount of the pension provided in this
Division for persons ceasing to be members.
In this section spouse shall not include a person
who married a former member after the former
member had finally ceased to be a member.
11
S. 42(4)(c)
amended by
No. 46/1987
s. 6.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 42
(5) Where any person to whom any retiring allowance
has been paid pursuant to subsection (3) of this
section subsequently becomes entitled to payment
of a greater retiring allowance pursuant to the said
subsection (3) the amount of the greater retiring
allowance so payable shall be reduced by the
amount of the retiring allowance already paid.
(6) (a) Where any person to whom any retiring
allowance or retiring allowances has or have
been paid pursuant to subsection (3) of this
section subsequently becomes (whether
before or after the commencement of this
Act) entitled to payment of a pension
pursuant to subsection (1) or subsection (2)
of this section, payment of such pension
shall be suspended until such time as the
aggregate of the fortnightly instalments of
pension which would have been payable
apart from this subsection would, if so paid,
equal the amount of the retiring allowance or
allowances received by that person.
S. 42(6)(b)
amended by
No. 46/1987
s. 6.
S. 42(6)(b)(ii)
amended by
Nos 46/1987
s. 6, 21/1991
s. 11(c).
(b) Where payment of a pension to any person—
(i) is suspended pursuant to this
subsection; or
(ii) in the case of a member, would be so
suspended upon that person ceasing to
be a member—
then upon the death of that person that
person's spouse shall be entitled to a pension
under this Division but payment of the
pension to the spouse shall likewise be
suspended for the appropriate period or the
balance of the appropriate period (as the case
requires).
12
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 43
(7) Where any person to whom a pension would be
payable apart from the provisions of this
subsection is at the same time entitled to payment
of any pension under the Commonwealth Act
known as the Parliamentary Retiring Allowances
Act 1948–1955 or any amendment thereof or Act
in substitution therefor, that person's right to
payment of a pension under this Act shall be
suspended while that person is so entitled under
the said Commonwealth Act: Provided that, where
that person is actually in receipt of a pension
under the said Commonwealth Act and the
amount of that pension is less than the amount of
the pension that would otherwise have been
payable under this Division, the trustees may in
their absolute discretion direct payment to that
person of a pension of such amount as the trustees
think fit but so that the aggregate of both such
pensions shall not exceed the amount of the
pension provided in this Division for persons
ceasing to be members.
(8) Where any person to whom or to whose spouse a
pension would be payable apart from the
provisions of this subsection has received under
the said Commonwealth Act any payment in lieu
of pension or return of contributions or other
similar payment, the provisions of subsection (6)
of this section shall apply in all respects as if the
amount of such payment or return of contributions
were a retiring allowance paid under this Division
and payment of the pension to that person or to
that person's spouse shall be suspended
accordingly.
43 Application of Division to certain members
So far as relates to any person who is for the first
time elected as a member of the Parliament of
Victoria after the thirty-first day of October One
thousand nine hundred and fifty-two and the
13
S. 42(7)
amended by
No. 46/1987
s. 6.
S. 42(8)
amended by
No. 46/1987
s. 6.
No. 6006 s. 43.
S. 43
amended by
No. 46/1987
s. 6.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 43
spouse of such person the provisions of this
Division shall take effect as if—
S. 43(a)
amended by
Nos 7723
s. 2(Sch.
item 1(f)),
46/1987 s. 6.
(a) for subsections (2) and (3) of the last
preceding section there were substituted the
following subsections:
"(2) Subject to this Division every person
who after the commencement of the
Parliamentary Contributory
Retirement Fund Act 1952 ceases to
be a member as the result of defeat at
an election or as the result of
resignation for, or of not seeking reelection owing to, good and sufficient
reasons which satisfy the trustees and
who has served as a member for an
aggregate period of eight years or more
(but does not possess the qualifications
specified in the last preceding
subsection) shall be entitled to be paid
out of the Fund a pension fortnightly at
the rate of one and one-quarter times
the basic wage;
(3) (a) Every person who after the
commencement of the
Parliamentary Contributory
Retirement Fund Act 1952
ceases to be a member as the
result of defeat at an election or as
the result of resignation for, or of
not seeking re-election owing to,
good and sufficient reasons which
satisfy the trustees but is not
entitled to a pension pursuant to
the foregoing provisions of this
section shall be entitled to be paid
out of the Fund—
14
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 43
(i) in the case where such
person has been a member in
at least three Parliaments—a
retiring allowance of $1950
or of the aggregate amount
of the deductions from that
member's salary pursuant to
this Division (whichever is
the greater);
(ii) in the case where such
person has been a member in
two Parliaments—a retiring
allowance of $1300 or of the
aggregate amount of the
deductions from that
member's salary pursuant to
this Division (whichever is
the greater); and
(iii) in the case where such
person has been a member in
one Parliament only—a
retiring allowance of $650 or
of the aggregate amount of
the deductions from that
member's salary pursuant to
this Division (whichever is
the greater)—
and in the event of the death of
such person in any of such cases
before such retiring allowance is
paid to him it shall be paid to that
member's legal personal
representative;
(b) If a member dies after the
commencement of the
Parliamentary Contributory
Retirement Fund Act 1952 there
15
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 44
shall, unless a pension is required
to be paid to that member's spouse
under the next succeeding
subsection, be paid out of the
Fund to that member's legal
personal representative an amount
of $1300 or the aggregate amount
of the deductions from that
member's salary pursuant to this
Division (whichever amount is the
greater).";
(b) for paragraph (b) of subsection (4) of the last
preceding section there was substituted the
following paragraph:
"(b) after the commencement of the
Parliamentary Contributory
Retirement Fund Act 1952 of a
member who has served as a member
for an aggregate period of eight years
or more.".
No. 6006 s. 44.
S. 44
amended by
No. 8118
s. 2(a).
44 Suspension of pension in certain cases
(1) If a person who is receiving or is entitled to
receive a pension under this Division—
(a) becomes a member of the Parliament of the
Commonwealth or of any State, including
the State of Victoria, the right of that person
to receive that pension shall while that
person continues to be such a member be
suspended;
(b) accepts an office or place of profit under the
Crown (whether in right of the
Commonwealth or of any State, including
the State of Victoria) which is not an office
or place of profit in respect of which an
official salary or allowance is paid to a
member of Parliament for or in relation to
16
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 45
the discharge of parliamentary duties or is
not an office of Minister of the Crown, the
right of that person to receive that pension
shall be suspended while that person
continues in such office or place of profit.
(2) A person shall not by reason only of accepting an
office as a member of any body corporate or
unincorporate constituted by or under any Act or
any Commonwealth Act in respect of which the
only remuneration is fees or allowances or both
fees and allowances have that person's right to
receive a pension suspended under paragraph (b)
of subsection (1).
45 Pensions for certain Premiers and their spouses
There shall be paid out of the Fund to any person
who before the commencement of the
Parliamentary Contributory Retirement Fund
Act 1952 had been a Premier of the State of
Victoria or to the spouse of any such person a
pension at the rate of two and one-half times the
basic wage but any such person shall not be
entitled to any other payment under this Division.
45A Pensions of former members
(1) Notwithstanding anything in the foregoing
provisions of this Division, where a person who
has ceased to be a member was immediately
before the appointed day in receipt of or entitled
to receive a pension under this Division, that
person shall on and from the appointed day be
entitled to receive out of the Fund in lieu of any
other pension under this Division an annual
pension at the rate of 50 per cent per annum of the
basic salary from time to time.
(2) Notwithstanding anything in the foregoing
provisions of this Division, where a widow of a
member or former member was immediately
17
S. 44(2)
inserted by
No. 8118
s. 2(b),
amended by
No. 46/1987
s. 6.
S. 45
substituted by
No. 7227 s. 3,
amended by
Nos 7723
s. 2(Sch.
item 1(g)),
8086 s. 2,
46/1987 s. 6.
S. 45A
inserted by
No. 9753 s. 2.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 45A
before the appointed day in receipt of or entitled
to receive a pension under this Division, the
widow shall on and from the appointed day until
her death or re-marriage be entitled to receive out
of the Fund in lieu of any other pension under this
Division an annual pension at the rate of 40 per
cent per annum of the basic salary from time to
time.
(3) Notwithstanding anything in the foregoing
provisions of this Division, if a former member
dies on or after the appointed day and his widow
is entitled upon his death to the payment of a
pension under the foregoing provisions of this
Division, the widow shall upon his death until her
death or re-marriage be entitled to receive out of
the Fund in lieu of any other under this Division
an annual pension at the rate of 40 per cent per
annum of the basic salary from time to time.
(4) Notwithstanding subsection (1), (2) or (3), the rate
of pension to which a person is entitled under this
section shall not be less than the rate of pension
which that person was receiving or was entitled to
receive under this Division immediately before
the appointed day.
(5) The provisions of subsections (6), (7) and (8) of
section 42 and section 44 shall apply to and in
relation to pensions under this section as if in
those provisions a reference to a pension were a
reference to a pension under this section.
(6) In this section—
appointed day means the day on which the
Parliamentary Superannuation Act 1982
receives the Royal Assent;
18
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 46
basic salary has the same meaning as it has in
Part 3 of the Parliamentary Salaries and
Superannuation Act 1968.
S. 45A(6)
def. of
basic salary
amended by
No. 78/2004
s. 6(3).
No. 6006 s. 46.
46 Regulations
(1) The Governor in Council may make regulations
for or with respect to prescribing any matter or
thing authorized or required to be prescribed by
this Division or necessary or expedient to be
prescribed for the purposes of this Division.
*
*
*
*
*
S. 46(2)
repealed by
No. 6886 s. 3.
*
*
*
*
*
Pt 2 Div. 5
(Heading and
ss 47–49)
repealed.2
*
*
*
*
*
Pt 2 Div. 6
(Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.5).
*
*
*
*
*
Ss 50–53
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
Pt 2 Div. 7
(Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.6).
*
*
*
*
*
Ss 54–57
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
19
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Part II—Parliament Generally
s. 66
*
*
*
*
*
Pt 2 Div. 9
(Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.7).
*
*
*
*
*
Ss 60–62
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
Pt 2 Div. 10
(Heading)
repealed by
No. 74/2000
s. 3(Sch. 1
item 125.8).
*
*
*
*
*
Ss 63–65
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
*
*
Pt 2 Div. 8
(Heading and
ss 58, 59)
amended by
No. 10146
s. 10(2),
repealed by
No. 46/1987
s. 6.
Division 11—Expenses of Executive and Legislative Councils
S. 66
amended by
Nos 6667 s. 2,
7392 s. 2, 7888
s. 2, 8348 s. 2,
repealed by
No. 8750
s. 96(Sch. 1
Pt 1).
*
*
*
_______________
20
*
*
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 67
*
*
*
*
*
*
*
*
*
*
21
Pt 3 (Heading
and ss 67–84)
amended by
Nos 6636
s. 15, 6764
s. 8(b), 6840
s. 2, 6886 s. 3,
7270 s. 16(1),
7462
s. 3(2)(b)(c),
7532 s. 3(b),
7934 s. 3, 8341
s. 3, 8385 ss 2,
3, 8628
s. 18(1), 8750
s. 96(Sch. 1
Pt 1), 9211
ss 2, 5(3),
10146 ss 8, 9,
31/1988
s. 8(2),
75/1988
s. 4(5)(a),
substituted as
Pt 3 (Heading
and ss 50–86)
by No.
24/1999 s. 6,
repealed by
No. 23/2002
s. 185(1).
Pt 3A
(Heading and
new s. 103)
inserted by
No. 10146
s. 10(1),
amended by
No. 31/1988
ss 15(1),
26(b)–(d),
repealed by
No. 24/1999
s. 6.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 85
Pt 4 (Heading
and
ss 85–143)
amended by
Nos 6840
s. 2(1)(a)(b),
6867 s. 2, 6886
s. 3, 6957
s. 12(2)(3),
7270
s. 16(2)(a)(b),
7809 ss 2, 3,
8181
s. 2(1)(Sch.
item 25), 8385
ss 4–6, 8628
s. 18(2)(a),
8750
s. 96(Sch. 1
Pt 1), 9211
ss 3–6, 9427
s. 6(1)(Sch. 5
item 27), 9576
s. 11(1), 10146
ss 11–35,
10244 s. 10,
31/1988 ss 7,
8(1), 9(4)(6),
75/1988
ss 4(3)(Sch.
Pt A item 1),
4(5)(b),
7(5)(Sch. Pt B
item 7(a)(b)),
57/1989
s. 3(Sch.
items 29.1–
29.5), 21/1991
ss 3(1)(2), 4,
11(d), 43/1996
s. 65(Sch.
item 12.1
(a)(b)), 45/1996
s. 18(Sch. 2
item 12.1),
repealed by
No. 24/1999
s. 6.
*
*
*
22
*
*
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 144
*
*
*
*
*
*
*
*
*
*
Pt 5 Div. 1
(Heading and
ss 144–148)
amended by
Nos 6867
s. 2(Sch. 1),
7510 ss 2(b),
3, 7809 ss 4, 5,
8385
s. 7(1)(2)(a)(b),
9211 s. 7, 9427
s. 3(Sch. 2
item 5), 10146
ss 36(1)-(3),
37, 31/1988
ss 9(1)-(5), 10,
75/1988
s. 4(2)(3)(Sch.
Pt A item 1),
57/1989
s. 3(Sch.
items 29.6,
29.7),
103/1995 ss 4,
5, 46/1998
s. 7(Sch. 1),
24/1999 ss 79, repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Pt 5 Div. 1A
(Heading and
ss 148A–
148H,148J–
148N, 148P–
148U)
inserted by
No. 10146
s. 38,
amended by
Nos 75/1988
ss 4(3)(Sch.
Pt A item 1), 5,
21/1991 s. 5,
24/1999
ss 10, 11,
repealed by
No. 23/2002
s. 185(1).
23
Pt 5 (Heading)
repealed by
No. 23/2002
s. 223.
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 148V
*
*
*
*
*
Pt 5 Div. 2
(Heading and
ss 149–155)
amended by
Nos 6764
s. 2(c)–(e),
7109 ss 3, 4,
9211 s. 8,
10106
ss 11–15,
10146
ss 39(1), 40,
41, 75/1988
s. 4(3)(Sch.
Pt A item 1),
103/1995 ss 6,
7, 24/1999
s. 12,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Pt 5 Div. 3
(Heading and
ss 156, 157)
amended by
Nos 6867
s. 2(Sch. 1),
7510 s. 4, 9211
s. 9, 10146
ss 36(4),
42–45,
31/1988
s. 9(5),
75/1988
s. 4(3)(Sch.
Pt A item 1),
24/1999 s. 13,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Pt 5 Div. 1B
(Heading and
ss 148V–
148ZC)
inserted by
No. 10146
s. 38,
repealed by
No. 31/1988
s. 11.
24
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 158
*
*
*
*
*
*
*
*
*
*
Pt 5 Div. 5
(Heading and
ss 160–161)
amended by
Nos 9211
s. 11, 10146
s. 49, 103/1995
s. 8(d)–(f),
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Pt 5 Div. 6
(Heading and
s. 162)
amended by
Nos 10146
s. 50, 75/1988
s. 4(3)(Sch.
Pt A item 1),
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Pt 5 Div. 7
(Heading and
s. 163)
amended by
No. 10146
s. 51,
substituted by
No. 24/1999
s. 15,
repealed by
No. 23/2002
s. 185(1).
25
Pt 5 Div. 4
(Heading and
ss 158, 159)
amended by
Nos 9211
s. 10, 10146
ss 46–48,
31/1988
ss 12(1)–(3),
13(1),
103/1995
s. 8(a)–(c),
24/1999 s. 14,
11/2001
s. 3(Sch.
item 75),
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 164
Pt 5 Div. 8
(Heading and
s. 164)
amended by
Nos 6867
s. 2(Sch. 1),
7065 s. 2,
10146 s. 52,
31/1988
s. 12(4),
75/1988
s. 4(3)(Sch.
Pt A item 1),
repealed by
No. 23/2002
s. 185(1).
Pt 5 Div. 9
(Heading and
ss 165–176)
amended by
Nos 7809 ss 6,
7, 8181
s. 2(1)(Sch.
item 25), 9211
ss 12(1)–(4),
13–17, 9427
s. 6(1)(Sch. 5
item 28), 9869
s. 2(a), 10146
ss 53–57,
31/1988
ss 13(2), 14,
16, 57/1989
s. 3(Sch.
item 29.8),
21/1991
ss 6(1), 7, 8,
103/1995
s. 9(a)–(d),
24/1999
ss 16–19,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
*
*
*
*
*
26
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 177
*
*
*
*
*
*
*
*
*
*
27
Pt 5 Div. 10
(Heading and
ss 177–185)
amended by
Nos 7809 s. 8,
9211 s. 18,
9576 s. 11(1),
9826 s. 3,
10146
ss 58–65,
31/1988
s. 15(1),
24/1999 s. 20,
repealed by
No. 23/2002
s. 185(1).
Pt 5 Div. 11
(Heading and
ss 186, 187)
inserted by
No. 6764 s. 3,
amended by
Nos 9211
ss 12(5), 19,
20, 9427
s. 6(1)(Sch. 5
item 29), 9826
s. 3(c), 10106
s. 16, 10146
ss 66–70,
31/1988
ss 13(3), 15(2),
17–19,
103/1995 s.10,
24/1999
ss 20–23,
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 188
Pt 5 Div. 12
(Heading and
ss 188–201)
amended by
No. 7809 s. 9,
S.R. No.
214/1974
cl. 2(a),
Nos 9211
ss 21–24,
9576 s. 11(1),
9869 s. 2(d),
10146
ss 71–76,
31/1988
s. 9(4),
75/1988
s. 4(3)(Sch.
Pt A item 1),
103/1995
s. 11(a)(b),
24/1999
ss 24, 25,
repealed by
No. 23/2002
s. 185(1).
Pt 5 Div. 13
(Heading and
ss 202–212)
amended by
Nos 6764
s. 6(a), 7809
s. 10, 9211
ss 25(1),
26–28, 10146
ss 77–87,
31/1988 ss 20,
21, 75/1988
s. 4(3)(Sch.
Pt A item 1),
103/1995
ss 9(e)(f), 12,
24/1999
ss 26–30,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
*
*
*
*
*
28
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 213
*
*
*
*
*
*
*
*
*
*
Pt 5 Div. 15
(Heading and
ss 219–238)
repealed.3
*
*
*
*
*
Pt 5 Div. 16
(Heading and
s. 239)
amended by
Nos 6764
s. 8(e), 9211
s. 43, 75/1988
s. 4(3)(Sch.
Pt A item 1),
repealed by
No. 23/2002
s. 185(1).
29
Pt 5 Div. 14
(Heading and
ss 213–218)
amended by
No. 9211 s. 28,
repealed by
No. 10106
s. 17, new Pt 5
Div. 14
(Heading and
ss 218A–
218Q)
inserted by
No. 10146
s. 88,
amended by
Nos 75/1988
s. 4(3)(Sch.
Pt A item 1),
24/1999 s. 31,
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 240
Pt 5 Div. 17
(Heading and
ss 240–251)
amended by
Nos 6690 s. 2,
6764 s. 8(f),
7809 s. 12,
9576 s. 11(1),
10146 ss 90–
93, 57/1989
s. 3(Sch. item
29.11),
repealed by
No. 23/2002
s. 185(1).
Pt 5 Div. 18
(Heading and
ss 252–254)
amended by
Nos 7510
s. 14, 8385
s. 7(2)(d), 9211
s. 44, 9576
s. 11(1), 10106
s. 19, 10146
ss 94, 95(1),
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
*
*
*
*
*
30
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 255
*
*
*
*
*
*
*
*
*
*
31
Pt 5 Div. 19
(Heading and
ss 255–266)
inserted by
No. 6840
ss 3(1), 4, 5,
amended by
Nos 6867
s. 2(Sch. 1),
7532 s. 4, 8181
s. 2(1)(Sch.
item 25), 9211
ss 45–49,
10146
ss 95(2), 96(2),
107(2), 108(4),
16/1986 s. 30,
110/1986
s. 140(2),
75/1988
s. 4(3)(Sch.
Pt A item 1),
57/1989
s. 3(Sch.
item 29.12),
repealed by
No. 23/2002
s. 223.
Pt 5 Div. 20
(Heading and
s. 267)
amended by
Nos 6840
s. 3(2), 9211
s. 50, 10146
s. 96(1),
31/1988 ss 24,
25, 21/1991
s. 10, 24/1999
ss 34, 35,
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 267H
Pt 5 Div. 20A
(Heading and
ss 267H–
267R)
inserted by
No. 75/1988
s. 6,
amended by
Nos 103/1995
ss 15–17,
52/1998
s. 311(Sch. 1
items 91.1,
91.2)),
repealed by
No. 23/2002
s. 185(1).
Pt 5 Div. 21
(Heading and
ss 268–276)
amended by
Nos 6764
s. 5(1)(a)(b),
8181
s. 2(1)(Sch.
item 25), 9211
ss 51–55,
10106 ss 20,
21, 10146
ss 97, 98,
75/1988
ss 4(3)(Sch.
Pt A item 1),
(5)(c), 8,
24/1999
ss 36–40,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
*
*
*
*
*
32
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 277
*
*
*
33
*
*
Pt 5 Div. 22
(Heading and
ss 277–305)
amended by
Nos 6764
s. 8(g)–(n),
9077 s. 5, 9576
s. 11(1), 10146
ss 99–105,
110/1986
s. 140(2),
31/1988
s. 13(4),
75/1988
ss 4(3)(Sch.
Pt A item 1),
5(e), 21/1991
s. 11(e),
35/1996
s. 453(Sch. 1
items 82.1,
82.2),
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 306
*
*
*
*
*
Pt 6 (Heading)
repealed by
No. 9019
s. 2(1)(Sch.
item 21).
*
*
*
*
*
Pt 6 Div. 1
(Heading and
ss 316–333)
repealed by
No. 6764
s. 8(o).
*
*
*
*
*
Pt 6 Div. 2
(Heading)
repealed by
No. 9019
s. 2(1)(Sch.
item 21).
*
*
*
*
*
Pt 5 Div. 23
(Heading and
ss 306–315)
amended by
Nos 6764
s. 7(1)(2), 6886
s. 3, 8181
s. 2(1)(Sch.
item 25), 9427
ss 2(Sch. 1
item 1),
3(Sch. 2
item 5), 9945
s. 3(3)(Sch. 2
item 34),
10106 ss 22,
23, 10146
ss 106, 107(1),
108(1), 109(1),
110, 16/1986
s. 30, 75/1988
s. 4(3)(Sch.
Pt A item 1),
(5)(d)–(g)(6),
51/1989
s. 149(2),
46/1998
s. 7(Sch. 1),
24/1999
ss 41, 42,
repealed by
No. 23/2002
s. 185(1).
34
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 334
*
*
*
*
*
*
*
*
*
*
Pt 6 Div. 3
(Heading and
ss 339–341)
amended by
No. 6519 s. 5,
repealed by
No. 7727
s. 2(1).
*
*
*
*
*
Pt 6 Div. 4
(Heading and
s. 342)
repealed by
No. 7727
s. 2(1).
*
*
*
*
*
Pt 6 Div. 5
(Heading and
ss 343–350)
amended by
Nos 6519 s. 5,
6863 s. 2, 6886
s. 3, 6960
s. 2(a)–(c),
repealed by
No. 7727
s. 2(1).
*
*
*
*
*
Pt 6 Div. 6
(Heading and
ss 351–357)
amended by
Nos 6505 s. 2,
6519 s. 5, 6886
s. 3, 7260 s. 2,
7679 s. 3,
repealed by
No. 7727
s. 2(1).
*
*
*
*
*
Pt 7
(Heading and
ss 358–391)
amended by
No. 6519 s. 5,
repealed by
No. 7727
s. 2(1).
35
Ss 334–338
repealed by
No. 7727
s. 2(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
s. 392
*
*
*
*
*
Pt 9
(Heading and
ss 393–414)
amended by
Nos 6759
s. 2(Sch.),
6886 s. 3,
repealed by
No. 8730
s. 2(b).
*
*
*
*
*
Pt 10
(Heading)
repealed by
No. 9427
s. 6(1)(Sch. 5
item 31).
*
*
*
*
*
S. 415
amended by
No. 8353 s. 19,
repealed by
No. 8750 s. 96.
*
*
*
*
*
Pt 8
(Heading and
s. 392)
repealed by
No. 7727
s. 2(1).
36
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Sch. 1
SCHEDULES
Section 2.
FIRST SCHEDULE
Number
of Act
Title of Act
Extent of Repeal
5991
Subordinate Legislation Committee
Act 1956
The whole.
6006
Constitution Act Amendment
Act 1956
So much as is not already
repealed.
6016
Electoral Act 1956
The whole.
6051
Parliamentary Contributory
Retirement Fund (Amendment)
Act 1956
The whole.
6056
Governor's Salary Act 1956
The whole.
6112
Statute Law Revision Act 1957
Items in Schedule
referring to Constitution
Act Amendment Act
1956.
6135
The Constitution Act Amendment
(Special Appropriations) Act 1957
The whole.
_______________
37
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Sch. 2
*
*
*
*
*
Sch. 5
substituted by
No. 10146
s. 111,
amended by
Nos 75/1988
s. 4(3)(Sch.
Pt A item 1),
108/1994 s. 12,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Sch. 6
substituted by
No. 10146
s. 111,
amended by
Nos 75/1988
s. 4(3)(Sch.
Pt A item 1),
108/1994 s. 12,
repealed by
No. 23/2002
s. 185(1).
*
*
*
*
*
Sch. 7
amended by
No. 9211
s. 56(a)(b),
repealed by
No. 31/1988
s. 12(5).
*
*
*
*
*
Sch. 8
repealed by
No. 10146
s. 112.
*
*
*
*
*
Schs 2–4
repealed by
No. 8750
s. 96(Sch. 1).
38
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Sch. 9
*
*
*
*
*
*
*
*
*
*
Sch. 10
amended by
No. 10146
s. 113,
repealed by
No. 21/1991
s. 6(2).
*
*
*
*
*
Sch. 11
amended by
Nos 6764
s. 8(p), 7109
s. 5(a)–(c),
9211 s. 57,
repealed by
No. 10146
s. 114.
*
*
*
*
*
Sch. 12
amended by
Nos 6961 s. 2,
7510 s. 15,
7809 s. 11(3),
8385
ss 7(2)(e), 8(2),
S.R. No.
214/1974
reg. 2(c),
substituted by
Nos 9211
s. 58, 10146
s. 115,
repealed by
No. 31/1988
s. 17(w).
39
Sch. 9
amended by
No. 10146
s. 113,
substituted by
No. 21/1991
s. 6(2),
amended by
No. 24/1999
s. 43,
repealed by
No. 23/2002
s. 185(1).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Sch. 13
*
*
*
*
*
Sch. 14
amended by
No. 6875 s. 2,
substituted by
No. 7510 s. 17,
amended by
Nos 9211
s. 60(a)(b),
9869 s. 2(c),
substituted by
No. 10146
s. 115,
repealed by
No. 31/1988
s. 17(w).
*
*
*
*
*
Sch. 15
repealed by
No. 31/1988
s. 17(w).
*
*
*
*
*
Sch. 16
amended by
Nos 9211
ss 61, 62,
103/1995 s. 18,
repealed by
No. 23/2002
s. 223.
*
*
*
*
*
Sch. 17
repealed by
No. 23/2002
s. 223.
*
*
*
*
*
Sch. 13
amended by
Nos 6875 s. 2,
7510 s. 16,
8385 s. 7(2)(f),
9211 s. 59,
substituted by
No. 10146
s. 115,
repealed by
No. 31/1988
s. 17(w).
40
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Sch. 18
*
*
*
*
*
*
*
*
*
*
═══════════════
41
Sch. 18
amended by
No. 75/1988
s. 4(3)(Sch.
Pt A item 1),
repealed by
No. 23/2002
s. 223.
Sch. 19
repealed by
No. 9019
s. 2(1)(Sch.
item 22).
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
ENDNOTES
1. General Information
The Constitution Act Amendment Act 1958 was assented to on
30 September 1958 and came into operation on 1 April 1959: Government
Gazette 18 March 1959 page 892.
42
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the The Constitution Act
Amendment Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Responsible Ministers Act 1958, No. 6428/1958 (as amended by No. 6489/1958)
Assent Date:
14.10.58
Commencement Date:
14.10.58
Current State:
All of Act in operation
Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
The Constitution Act Amendment (Parliamentary Salaries) Act 1959,
No. 6519/1959
Assent Date:
12.5.59
Commencement Date:
19.4.59: s. 1(3)
Current State:
All of Act in operation
Electoral Provinces Act 1960, No. 6636/1960 (Repealed by No. 6759/1961)
Assent Date:
7.6.60
Commencement Date:
Repealed before appointed day
Current State:
Never came into operation
The Constitution Act Amendment (Expenses) Act 1960, No. 6667/1960
Assent Date:
8.11.60
Commencement Date:
8.11.60
Current State:
All of Act in operation
The Constitution Act Amendment (Treating) Act 1960, No. 6690/1960
Assent Date:
13.12.60
Commencement Date:
13.12.60
Current State:
All of Act in operation
Statute Law Revision Act 1961, No. 6759/1961
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral) Act 1961, No. 6764/1961
Assent Date:
26.4.61
Commencement Date:
26.4.61
Current State:
All of Act in operation
The Constitution Act Amendment Act 1961, No. 6840/1961
Assent Date:
19.12.61
Commencement Date:
19.12.61
Current State:
All of Act in operation
43
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
The Constitution Act Amendment (Statute Law Revision Committee) Act 1962,
No. 6863/1962
Assent Date:
16.4.62
Commencement Date:
16.4.62
Current State:
All of Act in operation
Statute Law Revision Act 1962, No. 6867/1962
Assent Date:
16.4.62
Commencement Date:
12.12.61: s. 3(a); 9.12.61: s. 3(b); 1.1.62: s. 4
Current State:
All of Act in operation
The Constitution Act Amendment (Postal Voting Guarantee) Act 1962,
No. 6875/1962
Assent Date:
2.5.62
Commencement Date:
2.5.62
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Police Regulation Act 1962, No. 6957/1962
Assent Date:
18.12.62
Commencement Date:
1.10.63: Government Gazette 25.9.63 p. 2916
Current State:
All of Act in operation
The Constitution Act Amendment (Statute Law Revision Committee) Act 1962,
No. 6960/1962
Assent Date:
18.12.62
Commencement Date:
18.12.62
Current State:
All of Act in operation
Statute Law (Further Revision) Act 1962, No. 6961/1962
Assent Date:
18.12.62
Commencement Date:
18.12.62: s. 3
Current State:
All of Act in operation
Parliamentary Contributory Superannuation Act 1962, No. 6968/1962
Assent Date:
18.12.62
Commencement Date:
6.1.63: s. 1(2)
Current State:
All of Act in operation
Statute Law Revision Act 1963, No. 7065/1963
Assent Date:
3.12.63
Commencement Date:
3.12.63
Current State:
All of Act in operation
Governor's Salary Act 1963, No. 7106/1959
Assent Date::
26.2.64
Commencement Date:
1.7.64: s. 2
Current State:
All of Act in operation
44
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
The Constitution Act Amendment (Conjoint Elections) Act 1964, No. 7109/1964
Assent Date:
1.4.64
Commencement Date:
1.4.64
Current State:
All of Act in operation
Statute Law Revision Act 1964, No. 7142/1959
Assent Date:
5.5.64
Commencement Date:
5.5.64: s. 3
Current State:
All of Act in operation
The Constitution Act Amendment (Responsible Ministers) Act 1964,
No. 7149/1964
Assent Date:
15.7.64
Commencement Date:
15.7.64
Current State:
All of Act in operation
Parliamentary Salaries Pensions and Superannuation Act 1964, No. 7227/1964
Assent Date:
15.12.64
Commencement Date:
6.12.64: s. 1(2)
Current State:
All of Act in operation
The Constitution Act Amendment (Subordinate Legislation Committee) Act
1965, No. 7260/1965
Assent Date:
11.5.65
Commencement Date:
11.5.65
Current State:
All of Act in operation
The Constitution Act Amendment Act 1966, No. 7392/1966
Assent Date:
10.5.66
Commencement Date:
10.5.66
Current State:
All of Act in operation
The Constitution Act Amendment (Conjoint Elections) Act 1966, No. 7462/1966
Assent Date:
29.11.66
Commencement Date:
29.11.66
Current State:
All of Act in operation
The Constitution Act Amendment (Postal Voting) Act 1966, No. 7510/1966
Assent Date:
20.12.66
Commencement Date:
20.12.66
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral) Act 1967, No. 7532/1967
Assent Date:
17.3.67
Commencement Date:
17.3.67
Current State:
All of Act in operation
The Constitution Act Amendment (Governor's Salary) Act 1967, No. 7656/1967
Assent Date:
28.2.68
Commencement Date:
1.7.67: s. 1
Current State:
All of Act in operation
The Constitution Act Amendment Act 1968, No. 7679/1968
Assent Date:
7.5.68
Commencement Date:
7.5.68
Current State:
All of Act in operation
45
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
Parliamentary Salaries and Superannuation Act 1968, No. 7723/1968
Assent Date:
26.11.68
Commencement Date:
1.12.68: Government Gazette 27.11.68 p. 3854
Current State:
All of Act in operation
Parliamentary Committees Act 1968, No. 7727/1968
Assent Date:
2.12.68
Commencement Date:
4.12.68: Government Gazette 4.12.68 p. 3916
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral) Act 1969, No. 7809/1969
Assent Date:
6.5.69
Commencement Date:
1.7.69: Government Gazette 25.6.69 p. 1846
Current State:
All of Act in operation
The Constitution Act Amendment (Standing Appropriations) Act 1969,
No. 7888/1969
Assent Date:
2.12.69
Commencement Date:
2.12.69
Current State:
All of Act in operation
The Constitution Act Amendment (Conjoint Elections) Act 1969, No. 7912/1969
Assent Date:
16.12.69
Commencement Date:
16.12.69
Current State:
All of Act in operation
The Constitution Act Amendment Act 1970, No. 7934/1970
Assent Date:
3.3.70
Commencement Date:
3.3.70
Current State:
All of Act in operation
The Constitution Act Amendment Act (Responsible Ministers) Act 1970,
No. 8033/1970
Assent Date:
8.12.70
Commencement Date:
8.12.70
Current State:
All of Act in operation
Parliamentary Salaries Act 1970, No. 8086/1970
Assent Date:
22.12.70
Commencement Date:
27.12.70: Government Gazette 23.12.70 p. 3969
Current State:
All of Act in operation
Parliamentary Superannuation Act 1971, No. 8118/1971
Assent Date:
4.5.71
Commencement Date:
4.5.71
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71
Current State:
All of Act in operation
The Constitution Act Amendment (Conjoint Elections) Act 1972, No. 8308/1972
Assent Date:
1.11.72
Commencement Date:
1.11.72
Current State:
All of Act in operation
46
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
The Constitution Act Amendment (Disqualification) Act 1972, No. 8341/1972
Assent Date:
5.12.72
Commencement Date:
5.12.72
Current State:
All of Act in operation
The Constitution Act Amendment (Appropriations) Act 1972, No. 8348/1972
Assent Date:
12.12.72
Commencement Date:
12.12.72
Current State:
All of Act in operation
Railways (Amendment) Act 1972, No. 8353/1972
Assent Date:
13.12.72
Commencement Date:
8.5.73: Government Gazette 2.5.73 p. 946
Current State:
All of Act in operation
The Constitution Act Amendment (Qualifications Joint Select Committee) Act
1972, No. 8360/1972
Assent Date:
13.12.72
Commencement Date:
13.12.72
Current State:
All of Act in operation
The Constitution Act Amendment (Qualifications) Act 1973, No. 8385/1973
Assent Date:
20.3.73
Commencement Date:
21.3.73: Government Gazette 21.3.73 p. 592
Current State:
All of Act in operation
The Constitution Act Amendment (Presiding Officers) Act 1973, No. 8399/1973
Assent Date:
10.4.73
Commencement Date:
10.4.73
Current State:
All of Act in operation
The Constitution Act Amendment (Responsible Ministers) Act 1973,
No. 8434/1973
Assent Date:
21.6.73
Commencement Date:
21.6.73
Current State:
All of Act in operation
The Constitution Act Amendment (Executive Council) Act 1973, No. 8470/1973
Assent Date:
20.11.73
Commencement Date:
20.11.73
Current State:
All of Act in operation
Electoral Provinces and Districts Act 1974, No. 8628/1974
Assent Date:
17.12.74
Commencement Date:
17.12.74
Current State:
All of Act in operation
Parliamentary Officers Act 1975, No. 8730/1975
Assent Date:
16.5.75
Commencement Date:
2.12.75: Government Gazette 2.12.75 p. 3943
Current State:
All of Act in operation
Constitution Act 1975, No. 8750/1975
Assent Date:
22.10.75
Commencement Date:
1.12.75: Government Gazette 26.11.75 p. 3888
Current State:
All of Act in operation
47
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
The Constitution Act Amendment (Conjoint Elections) Act 1975, No. 8798/1975
Assent Date:
2.12.75
Commencement Date:
2.12.75
Current State:
All of Act in operation
Statute Law Revision Act 1977, No. 9019/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77: s. 2
Current State:
All of Act in operation
Statute Law Revision Act 1977, No. 9059/1977
Assent Date::
29.11.77
Commencement Date:
29.11.77
Current State:
All of Act in operation
Constitution Act 1977, No. 9077/1977
Assent Date:
6.12.77
Commencement Date:
6.12.77 (except s. 2): s. 1(3); s. 2 on 24.1.79:
Government Gazette 24.1.79 p. 202
Current State:
All of Act in operation
The Constitution Act Amendment (Conduct of Elections) Act 1978,
No. 9211/1978
Assent Date:
19.12.78
Commencement Date:
24.1.79: Government Gazette 24.1.79 p. 202
Current State:
All of Act in operation
The Constitution Act Amendment (Conjoint Elections) Act 1978, No. 9216/1978
Assent Date:
19.12.78
Commencement Date:
19.12.78
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: s. 6(2)
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
The Constitution Act Amendment (Conjoint Elections) Act 1981, No. 9581/1981
Assent Date:
20.10.81
Commencement Date:
20.10.81
Current State:
All of Act in operation
Parliamentary Superannuation Act 1982, No. 9753/1982
Assent Date:
13.7.82
Commencement Date:
S. 4 on 30.6.82: s. 4(2); rest of Act on 13.7.82:
s. 1(2)
Current State:
All of Act in operation
48
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
Education Service (Amendment) Act 1982, No. 9788/1982
Assent Date:
9.11.82
Commencement Date:
S. 3 on 24.3.82: s. 3(2); s. 4 on 24.3.82: s. 4(2);
s. 13 on 24.3.82: s. 13(5); s. 15 on 24.3.82: s. 15(3);
rest of Act on 9.11.82: s. 1(2)
Current State:
All of Act in operation
Constitution (Qualification of Electors) Act 1982, No. 9826/1982
Assent Date:
21.12.82
Commencement Date:
26.1.84: Government Gazette 16.11.83 p. 3679
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 2 on 1.9.81: s. 1(4); rest of Act on 20.12.83:
Government Gazette 14.12.83 p. 4035
Current State:
All of Act in operation
Teaching Service Act 1983, No. 10029/1983
Assent Date:
20.12.83
Commencement Date:
S. 19 on 23.2.84: Government Gazette 22.2.84
p. 614
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Constitution (Duration of Parliament) Act 1984, No. 10106/1984
Assent Date:
25.9.84
Commencement Date:
1.1.85: s. 1(2)
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral Legislation) Act 1984,
No. 10146/1984
Assent Date:
13.11.84
Commencement Date:
Ss 1–3, 7, 38 on 22.11.84: Government Gazette
21.11.84 p. 4104; ss 4–6, 8, 10–33, 35, 116 on
1.1.85: Government Gazette 5.12.84 p. 4265; ss 9,
34, 40, 68 on 7.12.84: Government Gazette 7.12.84
p. 4331; rest of Act on 25.1.85: Government
Gazette 25.1.85 p. 187
Current State:
All of Act in operation
Registration of Births Deaths and Marriages (Amendment) Act 1985,
No. 10244/1985
Assent Date:
10.12.85
Commencement Date:
31.10.85: Government Gazette 29.10.85 p. 4114
Current State:
All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
Ss 1–11, 13–27 and 29–34 on 1.7.86: Government
Gazette 25.6.86 p. 2180; s. 28 on 1.9.86:
Government Gazette 27.8.86 p. 3201; s. 12 on
1.1.88: Government Gazette 7.10.87 p. 2701
Current State:
All of Act in operation
49
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
Mental Health Act 1986, No. 59/1986
Assent Date:
3.6.86
Commencement Date:
Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government
Gazette 17.6.87 p. 1538; rest of Act on 1.10.87:
Government Gazette 30.9.87 p. 2585.
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
1.1.87
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
Equal Opportunity (Amendment) Act 1987, No. 46/1987
Assent Date:
25.8.87
Commencement Date:
1.12.87: Government Gazette 21.10.87 p. 2777
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral Procedures) Act 1988, No. 31/1988
Assent Date:
17.5.88
Commencement Date:
Ss 7, 8, 14 on 18.5.88: Government Gazette 18.5.88
p. 1214; ss 1–3, 4 (1)(a)(c)(d), 5, 6,
11–13, 15–21, 23, 25–28 on 2.9.88: Special Gazette
(No. 79) 2.9.88 p. 1; rest of Act on 1.1.89: s. 2
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87:
s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3);
rest of Act on 1.7.88: Government Gazette 1.6.88 p.
1487
Current State:
All of Act in operation
The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988
Assent Date:
15.12.88
Commencement Date:
1.1.89: s. 2
Current State:
All of Act in operation
Magistrates' Court Act 1989, No. 51/1989
Assent Date:
14.6.89
Commencement Date:
S. 16(4) on 15.6.89: Special Gazette (No. 32)
15.6.89 p. 1; ss 16(5), 52, 141(3)(a)–(f) on 1.9.89:
Government Gazette 30.8.89 p. 2210; rest of Act on
1.9.90: Government Gazette 25.7.90 p. 2216
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
(as amended by No. 34/1990)
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
50
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
The Constitution Act Amendment (Electoral Procedures) Act 1991, No. 21/1991
Assent Date:
21.5.91
Commencement Date:
1.8.91: Government Gazette 24.7.91 p. 2026
Current State:
All of Act in operation
Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992
Assent Date:
23.6.92
Commencement Date:
All of Act on 1.8.92: Government Gazette 22.7.92
p. 1874
Current State:
All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:
Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Constitution (Amendment) Act 1994, No. 108/1994
Assent Date:
20.12.94
Commencement Date:
S. 12 on 20.12.94: s. 2(1)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
The Constitution Act Amendment (Amendment) Act 1995, No. 103/1995
Assent Date:
5.12.95
Commencement Date:
5.12.95
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 82) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Births, Deaths and Marriages Registration Act 1996, No. 43/1996
Assent Date:
26.11.96
Commencement Date:
S. 65(Sch. item 12) on 2.10.97: Government Gazette
2.10.97 p. 2731
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Corrections (Amendment) Act 1996, No. 45/1996
Assent Date:
26.11.96
Commencement Date:
S. 18(Sch. 2 item 12.1) on 6.2.97: Government
Gazette 6.2.97 p. 257
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
51
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 items 91.1, 91.2) on 1.7.98: Government
Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999
Assent Date:
25.5.99
Commencement Date:
8.6.99: s. 2
Current State:
All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 125) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date:
5.12.00
Commencement Date:
S. 19(1) on 23.1.80: s. 2(2); s. 19(2) on 1.1.87: s. 2(3);
s. 19(3) on 1.7.88: s. 2(4)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 75) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Electoral Act 2002, No. 23/2002
Assent Date:
12.6.02
Commencement Date:
Ss 185(1), 223 on 1.9.02: Government Gazette 29.8.02
p. 2333
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
52
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004
Assent Date:
9.11.04
Commencement Date:
S. 8 on 1.1.87: s. 2(2); ss 6(3), 9, 10 on 10.11.04:
s. 2(1)
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 203) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s
amending The Constitution Act Amendment Act
1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (The Constitution Act Amendment Act 1958) Regulations 1974,
S.R. No. 214/1974
Date of Making:
28.5.74
Date of Commencement:
28.5.74
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
53
The Constitution Act Amendment Act 1958
No. 6224 of 1958
Endnotes
3. Explanatory Details
Pt 2 Div. 2 (Heading and ss 14–31) amended by Nos 6428 s. 2 (as amended by
No. 6489 s. 4(Sch. item 3)), 6957 s. 12(1)(a)(b), 7149 s. 2, 7679 s. 2, 7723 s. 2(Sch.
item 1(a)), 8033 s. 2, 8360 s. 7, 8434 s. 2, 8750 s. 96(Sch. 1 Pt 1), 9427 ss 3(Sch. 2
item 5), 6(1)(Sch. 5 item 26), 9788 s. 4(1)(a)-(c), 10029 s. 19(a)-(c), 59/1986
s. 143(2)(Sch. 7), 50/1988 s. 93(2)(Sch. 2 Pt 2 items 57, 58), 21/1991 s. 11(a), 46/1998
s. 7(Sch. 1), 24/1999 s. 5, 95/2000 s. 19, 78/2004 ss 8–10, repealed by No. 108/2004
s. 117(1) (Sch. 3 item 203).
1
2
Pt 2 Div. 5 (Heading and ss 47–49) amended by Nos 6957 s. 12(1)(c), 8750
s. 96(Sch. 1 Pt 1), 9427 s. 3(Sch. 2 item 5), 9788 s. 4(1)(d), 10029 s. 19(d)(e),
46/1987 s. 6, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 57), 46/1998 s. 7(Sch. 1),
23/2002 s. 185(1), repealed by No. 108/2004 s. 117(1) (Sch. 3 item 203).
3
Pt 5 Div. 15 (Heading and ss 219–238) amended by Nos 6764 ss 4,
6(b)–(d), 8(c)(d), 9(a)–(c), 6875 s. 2(a)(b), 6961 s. 2(Sch.), 7510 ss 5–13,
7809 s. 11(1)(2), 8181 s. 2(1)(Sch. items 25, 26), 8385 ss 7(2)(c), 8(1)
(as amended by No. 9019 s. 2(1)(Sch. item 256)), S.R. No. 214/1974
reg. 2(b), 9211 ss 12(6), 25(2), 29–42, 9427 s. 6(1)(Sch. 5 item 30), 9576
s. 11(1), 9869 s. 2(b), 9945 s. 3(3)(Sch. 2 item 34), 10106 s. 18, substituted as
Pt 5 Div. 15 (Heading and ss 219–238A) by No. 10146 s. 89, amended by
Nos 31/1988 ss 13(3), 17(g)–(v), 19(d)(e), 22, 23, 75/1988 s. 4(3)(Sch. Pt A
item 1), 57/1989 s. 3(Sch. items 29.9, 29.10), 21/1991 s. 9, 23/1994
s. 118(Sch. 1 item 56.2), 103/1995 ss 13, 14, 24/1999 ss 23, 32, 33, repealed
by No. 23/2002 s. 185(1).
54