Tasmania
VALIDITY
1. The Constitutional Standards follow the United Nations global governance system, which in a voluntary manner and at different speeds can be applied at the supranational level (international public legal person), the national level (national public legal person), and the sub-national level (state legal persons or localities), including individual subjects at any level.
2. If any clause is deemed invalid , or a clause applied to any organization or individual or any situation is invalid, other parts of the Constitutional Standards and the application of such clauses to other levels, organizations or individuals, or circumstances will not be affected.
(1) Supranational level: according to the organization's charter, but in accordance with the law that does not violate the constitutional standards of permanent peace and does not endanger any individual or group.
(2) National level: The Constitution Standard is applicated directly, effectively and comprehensively, and can amend itself indefinitely, or a part of it may not be implemented for the time being, but the criterion is not to detract from the perfection of the Constitution Standards.
(3) Except for the Ad Hoc Committees of § 15, National Legislation of § 18, National Administration of § 22 (Central Government/Federal Government), and items subordinate to the Central Committee in the articles, the sub-national level (state, province, city, district, etc.) Autonomous bodies are directly effective and fully applicable.
3. All laws or rules involving the scope of the Constitutional Standards are bound by the Constitutional Standards clauses.
4. The various rights enumerated in the Constitutional Standards shall not be interpreted as denying or canceling other rights held by the people.
5. The Constitutional Standards are one of part of the basic great law for all supranational organizations (United Nations, etc.), national organizations, and subnational organizations (state, region, province, city, etc.). The following basic clauses bind legislation, administration, procuratorial, and trial operations and are directly effective supreme laws.
TWO KINDS OF SUBJECTIVE WILL
1. Humanity will enjoy Permanent Peace . Take natural law and international law as parent law, promote the Constitutional Standards in the ISO to consolidate a world under the rule of law and create the highest life value..
2. Sustainable development of the earth . Take the solar system and the United Nations as the system, promote government standards (ISO), enhance global governance and create the highest values on earth.
TWENTY-EIGHT LAWS OF NATURE
SECTION I. PERMANENT PEACE —RIGHTS AND DUTIES OF THE PEOPLE
CHAPTER 1. FREEDOM STANDARDS FOR PERMANENT PEACE
ARTICLE 1. FOUNDING A NATION ON FREEDOM
National sovereignty rests with the people. Constitutional power belongs to the people unconditionally . The constitution can freely determine whether a nation is a republic or monarchy, a unitary state, or a federation . The government is formed through votes by the people. The oath of allegiance to the Constitution produces public offices.
ARTICLE 2. REFORMING FREEDOM
Radio waves are owned by the whole people . Political candidates will gain one-hour free access to television broadcast and one item is published for free daily on the internet . The country’s nine major political parties can use the nation’s proprietary radio channels for free . Local governments shall handle the above matters in accordance with regulations.
ARTICLE 3. OPENING UP FREEDOM
Elections (and voting) are the most important element in education, allocation, dialogue , solidarity, consensus forming and elements of governance . Candidates should complete registration six months before elections Registration . Voting frequency and number of times are based on Switzerland or the US state of California, the two areas with the world’s highest per capita income.
ARTICLE 4. SAFEGUARDING FREEDOM
The people are obliged to perform military service, voting service and peacekeeping service. Severe punishment for disturbing the peace or arrest of whoever disturbs the peace and abuses the right of freedom , using violence or lavishing money to achieve their goals or preaching on behalf of dictatorships and spreading false information, attacking freedom and democracy, or in adhering to their enemies, giving them aid and comfort.
CHAPTER II. DEMOCRACY STANDARDS FOR PERMANENT PEACE
ARTICLE 5. FOUNDING A NATION ON DEMOCRACY
Innovate global democracy—advocate Permanent Peace, belief in value sharing and constitutional commonality, and take the lead in global republicanism. Vote frequently to resolve and reconcile contradictions, disagreements and antagonisms that continually arise.
ARTICLE 6. REFORMING DEMOCRACY
All government officials, military personnel and civil servants must pass the constitutional and international law graded examinations, with question banks published a year in advance . Each legislature should ensure that the power of the three parties is balanced and establish a global network to submit questions or proposals to the committee.
ARTICLE 7. OPENING UP DEMOCRACY
Registration is completed six months prior to elections to facilitate dialogue between voters and talented candidates with ability . Political parties with seats in the national legislature of a fully democratic country can set up party headquarters in our country and field candidates in elections for leaders at all levels in accordance with the Constitutional Standards and the law, thereby enhancing international competitiveness.
ARTICLE 8. SAFEGUARDING DEMOCRACY
Strictly control the flow of payment, movement of people, goods, and information from foreign countries. On referendum proposals, if 60% of eligible voters agree, the proposal is adopted . The elected president serves a term of five years, and together with his/her relatives is banned from running again in accordance with the law within six years of leaving the office . Attempts to modify the term of office shall be deemed acts of rebellion.
CHAPTER III. HUMAN RIGHTS STANDARDS FOR PERMANENT PEACE
ARTICLE 9. FOUNDING A NATION ON HUMAN RIGHTS
Creating the highest values in life, advocating the global basic Constitutional Standards, constructing Permanent Peace for humanity, and safeguarding sustainable development of the earth are the most sacred rights of the people and the most urgent obligations of the nation.
ARTICLE 10. REFORMING HUMAN RIGHTS
Innate human rights are superior to sovereignty . Any innocent victim harmed or dying from injury due to human factors and ergonomics should be compensated by the state . All victims have unlimited right to private prosecution . All citizens are good citizens, and criminal records of those who have not committed another crime within ten years should be completely expunged.
ARTICLE 11. OPENING UP HUMAN RIGHTS
A community with a shared future for humanity and human rights issues is a global internal affair , and any human rights victim is seen as suffering for all humanity. Half of the members of the National Human Rights Action and Citizenship Exercise Committee are appointed by authoritative international human rights organization.
ARTICLE 12. SAFEGUARDING HUMAN RIGHTS
Constitution guarantors guarantee: human rights, environmental rights, peace rights and development rights for all will never lag those of other countries . Power leaders in government are elected in alternating years. Amendments to human rights or peace clauses are not permitted.
CHAPTER IV. RULE OF LAW STANDARDS FOR PERMANENT PEACE
ARTICLE 13. FOUNDING A NATION ON RULE OF LAW
These Constitutional Standards are hereby established, to be promulgated throughout the country for faithful and perpetual observance by all. International law is deemed to be Customary International Law, as that is also the great fundamental law of the world , so international law is also deemed to be the parent law of the national constitution and the jus cogens of peace, directly imposing rights and duties on the people and central and local governments.
ARTICLE 14. REFORMING RULE OF LAW
The eternal weapon for safeguarding peaceful development: implementing the Constitutional Standards is a fundamental law to promote what is beneficial and abolish what is harmful/to eradicate internal disturbances and treason. It gathers all laws of all local governments and nations in the whole world as a part of national laws , and people can choose the ones best suited for them and use them in accordance with the law.
ARTICLE 15. OPENING UP RULE OF LAW
Create a great civilization under rule of law . Candidates for the President and the leaders of prosecution and justice shall nominate members for ad hoc committees to develop legislation, international law, and all laws of all nations. These ad hoc committees’ members are distributed among various standing committees..
ARTICLE 16. SAFEGUARDING RULE OF LAW
All legislative, administrative, procuratorial and adjudication acts shall be subject to International Law first. Anyone who is disloyal to the Constitutional Standards shall forfeit all basic rights. No country may invoke provisions of its National Laws or conditions, history, and cultural conflict to justify violation of International Law.
SECTION II. PERMANENT PEACE - BASIC ORGANIZATION OF THE NATION
CHAPTER V. LEGISLATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 17. GLOBAL LEGISLATION
Global Concurrent Legislative Powers : In order to create a global legal community , the legislatures have to open up global legislation and national or sub-national levels have the right to enact legislation so long as and to the extent that the supra-national level has not exercised its legislative power by enacting a law.
ARTICLE 18. NATIONAL LEGISLATION
Create a matrix committee-centric quasi-cabinet system with none of the disadvantages of contemporary systems . Hold at-large parliamentary elections in a single-district one-vote system to ensure candidates of three main political parties can be elected and part of representatives get re-elected each year . All bicameral parliaments shall proceed as described above. Parliament elections are handled separately and mandatory voting.
ARTICLE 19. LOCAL LEGISLATION
The Sub-national level (state/province/city) councils set up nine committees and 1/3 of all members face election each year . Local councils elect a Speaker from among their members for a one-session term with no right to run for Speaker again during the appointed dates . The local legislation should strive to enhance the value of globalization and localization.
ARTICLE 20. ADVOCATING LEGISLATION
The legislature shall create a human political community with the Constitutional Standards for international organizations and rule of international law as jus cogens. The legislature shall advise other countries or states, provinces, and cities to establish constitutional standards. Such actions shall be supported by special funds at least five ten thousandths (0.05%) of the total budget.
CHAPTER VI. ADMINISTRATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 21. GLOBAL ADMINISTRATION
Global Concurrent Administrative Powers: Implement the Constitutional Standards and practice a community with a shared future for mankind; when performing tasks on behalf of supranational organizations (the UN, etc.), national and local governments shall be considered executive agencies empowered by supranational organizations.
ARTICLE 22. NATIONAL ADMINISTRATION
Adopt a modified semi-presidential system . The President is elected by the people ; the President appoints or nominate the Prime Minister in accordance with the law , the Prime Minister must be born locally. The Prime Minister shall direct the actions of the Government. He/she shall be responsible for national defense. The various Minister of ministries and committees shall release their global performance rankings at the beginning of every year . All military forces shall be nationalized and globalized.
ARTICLE 23. LOCAL ADMINISTRATION
The sub-national level of the Constitutional Standards is comparable to the state, province, and district autonomous entities . Powers that are more beneficial to the locality belong to the local government, including the rights of local legislation, administration, justice, external trade, language, culture, and environmental development in accordance with the constitution.
ARTICLE 24. CONSTITUTIONAL GUARANTEES
The President, representatives of public opinion, military personnel, civil servants, teachers, and clergy shall act as constitutional guarantors . Leaders at all levels shall be responsible for the country’s centennial plans. The President and Armed forces shall be neutral in elections and are banned from voting . The country shall continue pursuing and perfecting all standards .
CHAPTER VII. PERMANENT PEACE JUSTICE PROSECUTION STANDARDS
ARTICLE 25. JUDICIAL REFORM
The Prosecutor-General is directly elected . The District Prosecutor-General are chosen in a single-district one-vote system, according to the number of votes, one district attorney general and two deputy district attorneys are elected, to form a collegial system of prosecution . Both parties may submit videos instead of appearing in court and have the right to replace the presiding judge before conclusion of the investigation/final statements.
ARTICLE 26. JUDICIAL DEVELOPMENT
The constitution represents the general will of the people, and the people can prosecute anyone who violates the constitution . Military or police personnel assuming office take an oath administered by a prosecutor . The nation shall set up a global legal comparison database to enhance audit, prevention, discovery and prosecution, and a trial ruling prediction system.
CHAPTER VIII. PERMANENT PEACE JUDICIAL TRIAL STANDARDS
ARTICLE 27. JUSTICE AND OPENING UP
Ensure justice is responsive . The head of the Judicial Department is elected by the people . The rulings of Constitutional Court Justices are regarded as exercise of the people's constitutional power, and half of all Constitutional Court Justices shall come from different countries on the five continents, with life-long tenure and full national benefits.
ARTICLE 28. CONSTITUTIONAL LAW AND OPENING UP
Constitutional global agreement , unconstitutional global review, and priority reviews of violations of international law . Except in cases involving unconstitutionality, if no remedy is at hand, everyone in the democratic world has the right not to cooperate, to resist non-violently or to protest.
Tasmania Constitution Act 1934
An Act to consolidate and amend the Acts of this State relating to the Constitution
[Royal Assent 14 January 1935]
Whereas by an Act of Council intituled an Act to establish a Parliament in Van Diemen's Land and to grant a Civil List to Her Majesty (known as the Constitutional Act and later as the Constitution Act ) passed in the eighteenth year of the reign of Her Majesty Queen Victoria by the Governor and Legislative Council of the Colony of Van Diemen's Land in pursuance of the provisions of an Imperial Act called the Australian Constitution Act 1850 , it was enacted for the purpose of securing the peace, welfare, and good government of the said Colony, that in place of the said Legislative Council there should be one Legislative Council and one House of Assembly, constituted as therein provided, which should exercise all the powers and functions of the then existing Legislative Council, and that the Governor and Legislative Council and House of Assembly together should be called the Parliament of Van Diemen's Land:
And whereas Her said Majesty Queen Victoria, by Order-in-Council directed that, on and after 1st January 1856, the name of the said Colony should be changed to Tasmania:
And whereas by force of the Commonwealth of Australia Constitution Act 1900 , the said Colony, on the establishment of the said Commonwealth, was constituted and became a State of the Commonwealth of Australia:
And whereas many of the provisions of the Constitution Act have been repealed or replaced, and numerous amendments have been made therein, and it is desirable to make certain other amendments therein, and that the said Act and its amendment should be consolidated in one Act:
And whereas the Parliament, on behalf of all the people of Tasmania, acknowledges the Aboriginal people as Tasmania's First People and the traditional and original owners of Tasmanian lands and waters; recognises the enduring spiritual, social, cultural and economic importance of traditional lands and waters to Tasmanian Aboriginal people; and recognises the unique and lasting contributions that Tasmanian Aboriginal people have made and continue to make to Tasmania:
Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title
This Act may be cited as the Constitution Act 1934 .
2.
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3. Interpretation
In this Act, unless the contrary intention appears –
Assembly means the House of Assembly of the Parliament of Tasmania;
Council means the Legislative Council of the Parliament of Tasmania;
House means such one of the two Houses of Parliament as the context indicates;
municipality means a municipal area;
Parliament means the Parliament of Tasmania constituted as provided by this Act;
Redistribution Tribunal means the Redistribution Tribunal appointed under section 4 of the Legislative Council Electoral Boundaries Act 1995 ;
State roll has the same meaning as in the Electoral Act 2004 ;
ward means an electoral district within the meaning of the Local Government Act 1993 .
PART II - The Crown
4. Parliament not dissolved by demise of the Crown
The Legislative Council and House of Assembly of Tasmania in being at any future demise of the Crown shall not be determined or dissolved by such demise, but, subject to the provisions of this Act, shall continue so long as they would have continued respectively but for such demise.
5. Demise of the Crown not to affect things done before proclamation thereof
Any future demise of the Crown shall not affect anything done in this State before the day whereon the Governor, by his proclamation, has notified such demise, and all things done within this State at any time after such demise, but before the day of the publication of the Gazette containing such proclamation, and which but for this Act might be affected by such demise, shall have the same effect and be of the same force as if no such demise had happened.
6. Appointments, &c., by the Governor to continue in force notwithstanding demise of the Crown
Every commission, warrant, or other authority for the exercise of any office or employment of any kind or nature within the State issued or exercised by the Governor in Council, or the Governor, or by any other person in the name and on behalf of His Majesty in virtue of his office, or under the authority of any Act of the Imperial Parliament, or of the Parliament of the Commonwealth, or of the Parliament of Tasmania, or of any rules or regulations made thereunder respectively, shall continue in full force notwithstanding any future demise of the Crown until duly revoked or cancelled, and shall be of the same effect as if no such demise had happened; anything contained in an Act of the Imperial Parliament passed in the first year of His late Majesty King William the Fourth, chapter 4, to the contrary notwithstanding.
7. All process, &c., and engagements with or on behalf of His Majesty, to subsist and continue notwithstanding demise
(1) No action, suit, or other process or proceeding, civil or criminal, in or to which His Majesty shall be a party, or which shall have been commenced or carried on in His name or by His authority, shall, by reason of His demise, abate, discontinue, or be in any manner affected; but every such action, suit, process, or proceeding shall and may be carried on, enforced, or otherwise completed or acted on in the name of His successor, and as if such demise had not happened.
(2) All contracts of every kind lawfully entered into by or on behalf of His Majesty with any person, body, or authority, and all benefit and advantage thereof, and all liability in respect thereof, shall respectively attach and belong to the heirs and successors of His Majesty, although they be not expressly named in any such contract.
8. Deputy-Governor's powers: Provision as to deputy of Lieutenant-Governor or Administrator
(1) In this section the said letters patent means the letters patent under the great seal of the United Kingdom bearing date 29th October 1900, as amended by the letters patent bearing date 31st August 1920, by the letters patent bearing date 22nd February 1934, and by the letters patent bearing date 25th May 1971, and includes any letters patent to be hereafter issued in amendment of, or in substitution for, the same.
(2) During the temporary absence of the Governor from the seat of government or from the State or during any illness of the Governor, all the powers and authorities conferred upon or vested in the Governor by any statutory or other law or usage of the State, as well as the powers and authorities conferred upon or vested in the Governor by the said letters patent, shall and may be exercised, performed, and executed by the officer or person appointed by the Governor to be his deputy during such absence or illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(3) During any period when the powers and authorities in the said letters patent granted to the Governor are vested in the Lieutenant-Governor or such other person or persons as is or are appointed to administer the Government of the State, the provisions of subsection (2) shall apply to the person appointed to be the deputy of the Lieutenant-Governor, or of such other person or persons appointed to administer the government as aforesaid, during his temporary absence from the seat of government or from the State or during his illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(4) Any exercise, performance, or execution before the passing of this Act of any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity, and shall have and be deemed to have had the same force and effect, as if this Act had been in force at the time of such exercise, performance, or execution.
8A. Limit on number of Ministers of the Crown
No more than 9, or, where a Secretary to Cabinet has been appointed pursuant to section 8F , no more than 8, persons shall hold office as Ministers of the Crown at any one time.
8B. Appointment and tenure of office of Ministers of the Crown
(1) No person shall be appointed a Minister of the Crown unless he is a member of the Council or the Assembly, and, subject to the following provisions of this section, a Minister of the Crown ceases to hold office as such on ceasing to be a member of the Council or the Assembly.
(2) Where a member of the Council, on the expiry of his term of office as such in any year, also holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the periodical election of members of the Council in that year.
(3) Where, at the dissolution of the Assembly, or on its ceasing to continue, a member thereof holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the ensuing general election.
(4) If, as provided in subsection (2) or subsection (3) , a person continues in office as a Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs referred to in either of those sections, he then ceases to hold office as a Minister of the Crown unless, since the return of the writs, he has again been appointed a Minister of the Crown.
8C. Special provisions as to Attorney-General
(1) Except as provided in this section, no office, power, duty, authority, obligation, or discretion that is by law conferred or imposed upon the Attorney-General shall be allocated to, or exercised or discharged by, any other Minister of the Crown or the Secretary to Cabinet.
(2) In any case in which he considers it expedient so to do, the Governor may appoint another Minister of the Crown to be Acting Attorney-General for a specified period or until the happening of a specified event, and during the continuance of the appointment that Minister may exercise, perform and discharge all the powers, duties, authorities, obligations, and discretions conferred or imposed by law upon the Attorney-General or appertaining to the office of Attorney-General in as full, complete and effectual manner as if he were the holder of the office of Attorney-General.
8D.
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8E. Minister acting on behalf of another
Except as provided in section 8C any official document requiring the signature or execution of any particular Minister shall be valid and effectual if it is signed or executed on his behalf by any other Minister.
8F. Appointment of Secretary to Cabinet
(1) The Governor may, from time to time, appoint a Member of the Council or the Assembly to hold office as Secretary to Cabinet.
(2) A person shall not be appointed to hold office as Secretary to Cabinet if he is a Minister of the Crown.
(3) A person shall not be appointed as a Minister of the Crown if he is holding office as Secretary to Cabinet.
8G. Functions of Secretary to Cabinet
(1) The Secretary to Cabinet shall have and may perform such functions with respect to the affairs of the State as the Premier may, from time to time, determine in respect of him.
(2) Nothing in this section authorizes the Secretary to Cabinet to perform any functions that may, by the terms (express or implied) of an Act or instrument under an Act, or by or under any other law, only be performed by some other person.
8H. How Secretary to Cabinet ceases to hold office
(1) A person holding office as Secretary to Cabinet ceases to hold that office –
(a) when he dies;
(b) if he resigns his office as such by writing under his hand addressed to the Governor;
(c) if he is removed from office as such by the Governor;
(d) where the person is a Member of the Council –
(i) on vacating his seat as a Member of the Council, otherwise than by reason of the fact that his term of office as such has expired; or
(ii) if his term of office as such a Member expires – on the expiration of 7 days following the day of the return of the writs for the periodical election of Members of the Council next following the expiry of his term of office as such a Member; or
(e) where the person is a Member of the Assembly –
(i) on vacating his seat as a Member of the Assembly, otherwise than by reason of the fact that the Assembly has been dissolved or has expired by effluxion of time; or
(ii) on the expiration of the period of 7 days following the day of the return of the writs for the general election next following his appointment to hold office as Secretary to Cabinet.
(2) The Governor may, for any cause which appears to him to be sufficient, remove from office any person who is holding office as Secretary to Cabinet.
PART III - Parliament
Division 1 - Both Houses
9. Continuation of existing Houses: Continuance in office of Members
(1) The Legislative Council and House of Assembly as at present constituted shall be continued under, and subject to, the provisions of this Act.
(2) Subject to the provisions of this Act, all Members of Parliament holding office at the passing of this Act shall continue so to do, and every such Member, or, if he shall sooner vacate his office, the person, if any, who is elected to fill his place, otherwise than at a periodical election, shall retire at the time at which such Member would have retired by effluxion of time if this Act had not been passed.
10. The Parliament of Tasmania
The Governor and the Legislative Council and House of Assembly shall together constitute the Parliament of Tasmania.
11. Annual sessions
There shall be a session of Parliament once in every year, so that a period of 12 months shall not intervene between the last sitting in one session and the first sitting in the next session.
12. Governor to fix times for sittings; Delay in return of writs
(1) The Governor shall fix the times and places for holding the sessions of Parliament, and may alter or vary the same respectively as he may think fit, giving due notice thereof.
(2) The Governor, by proclamation, may prorogue Parliament or dissolve the Assembly whenever he shall deem it expedient so to do, but shall not have power to dissolve the Council.
(3) The Governor shall call Parliament together for the despatch of business after every general election of members of the Assembly, within 90 days after the dissolution of the Assembly, unless the Governor, by proclamation, shall extend the time for so doing by such further period not exceeding 30 days as he may think necessary.
(4) If any delay occurs in the return of any writ issued for the election of members of either House, and, in consequence of the non-return thereof, the number of Members of such House is not complete on the day for which Parliament is called together as aforesaid, such House may nevertheless proceed to business if duly summoned for that purpose so long as the deficiency in the number of Members thereby occasioned does not exceed 2 in the case of the Council or four in the case of the Assembly.
13. Special sittings of Parliament
(1) Where the sittings of both or either of the Houses shall stand adjourned, and, in the opinion of the Governor, it is desirable that Parliament shall be called together for the despatch of business before the expiration of such adjournment, the Governor, by proclamation, may declare that Parliament shall meet on such day, not being less than 6 days after the date of such proclamation, as may be therein specified.
(1A) When Parliament stands prorogued to a certain day and, in the opinion of the Governor, it is desirable that Parliament shall be called together for the despatch of business before the day to which it is prorogued, the Governor may, by proclamation, prorogue Parliament to such earlier date, not being less than 6 days after the date of the proclamation, as may be therein specified, and in such a case Parliament stands prorogued to that date notwithstanding the previous prorogation.
(2) Every order which shall have been made by either House and appointed for the day to which such House was so adjourned, or for any subsequent day, shall be deemed to have been appointed for the day on which Parliament shall meet in pursuance of a proclamation under subsection (1) , but this provision shall not extend or apply to any such order that shall have been specially appointed by such House for a particular day and declared, notwithstanding any meeting of Parliament, to be so fixed, or to any order made under any Act.
14. Qualification of Members
(1) Every person who, under the provisions of the Electoral Act 2004 , is an elector, or is entitled to have his name placed on the roll for a division for the House in respect of which he is nominated as a candidate for election shall, unless he is disqualified by virtue of this Act or the Electoral Act 2004 , be capable of being elected as a Member of that House if he–
(a) has resided in Tasmania continuously for a period of 5 years at any one time; or
(b) has resided in Tasmania for a period of 2 years immediately preceding his nomination as such a candidate.
(2) No person who is of unsound mind shall be capable of being elected as a Member of either House or be entitled to vote at any election of Members thereof.
(3) No person shall be capable of being a Member of both Houses at the one time.
15. Resignation
Any Member of either House, by writing under his hand addressed to the Governor, may resign his seat therein, and upon receipt by the Governor of such resignation the seat of such Member shall become vacant.
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17. Houses to make standing orders
(1) Each House, as occasion may arise, shall prepare and adopt such standing rules and orders as shall appear to it to be best adapted for the orderly conduct of the business of such House; for the mode in which such House shall confer, correspond, and communicate with the other House; for the manner in which Bills shall be introduced, passed, numbered, and intituled in such House; for the proper presentation of Bills to the Governor for His Majesty's assent; and generally for the conduct of all business and proceedings of such House and of both Houses collectively.
(2) All such rules and orders shall be laid before the Governor by the House making them and, being approved by him, shall become binding and of force.
Division 2 - The Council
18AA. Application of Division
This Division has effect subject to Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 until a determination is made by the Redistribution Tribunal under section 29A of the Legislative Council Electoral Boundaries Act 1995 .
18. Constitution of the Council
(1) The Council is to be constituted of 15 members.
(2) Each member of the Council is to be elected, as provided by this Act, in accordance with the Electoral Act 2004 , to represent a Council division.
(3) There are to be 15 Council divisions, the names and boundaries of which are to be as determined under section 25 of the Legislative Council Electoral Boundaries Act 1995 .
19. Council elections
(1) Every Member of the Council, subject to the provisions of this Act, shall hold office for 6 years.
(2) Periodical elections of Members of the Council shall be held in every year.
(3) Except as specified in a determination made under section 29A of the Legislative Council Electoral Boundaries Act 1995 –
(a) at every alternate periodical election of members of the Council 2 members are to retire and 2 members are to be elected to fill the vacancies so created; and
(b) at every other periodical election of members of the Council 3 members are to retire and 3 members are to be elected to fill the vacancies so created.
(3A) . . . . . . . .
(4) In the event of a poll being required for any such election the same shall be held on the first Saturday in the month of May, or on such other day (being a Saturday) in the month of May as the Governor may, by proclamation, appoint in that behalf in respect of the periodical elections to be held in any particular year.
(5) At any such election the retiring Member if otherwise qualified shall be eligible for re-election.
(6) If the seat of any member of the Council becomes vacant otherwise than by effluxion of time, the person elected to fill such vacancy shall hold office only until the expiration of the period for which the vacating Member was elected.
(7) . . . . . . . .
20. Quorum of the Council
(1) The Council shall not be competent to despatch any business unless at least 7 Members thereof, including the President, or the person chosen to preside in his absence, are present.
(2) All questions shall be decided by the majority of the votes of the Members present, exclusive of the President.
(3) In the event of an equality of votes the President or such person as aforesaid shall have a casting vote.
21. Election of President
(1) Whenever the office of President becomes vacant by the death, resignation, or removal from office of the President, the Council, before proceeding to any other business, shall elect some other Member to be President thereof.
(2) Whenever the President or the Chairman of Committees of the Council retires by effluxion of time, he shall continue to hold office until the next meeting of Parliament unless he is not re-elected as a Member.
(3) The election of President shall be notified to the Governor by a deputation of the Council.
(4) The President if present shall preside at all meetings of the Council, but, in the event of his absence through leave granted to him by the Council or through illness or any other unavoidable cause, the Council may choose some other Member thereof to fill temporarily the office and perform the duties of President during his absence.
Division 3 - The Assembly
22. Constitution of the Assembly
(1) The Assembly is to be constituted of 25 members.
(2) Each member of the Assembly is to be elected, as provided by this Act, in accordance with the Electoral Act 2004 , to represent an Assembly division.
(3) For the purpose of returning members to serve in the Assembly, the State is to be divided into 5 divisions, each of which is to return 5 members.
(4) The names of the divisions of the Assembly are Bass, Braddon, Clark, Franklin and Lyons.
(5) The divisions of the Assembly comprise the areas described in Schedule 4 .
23. Four year Parliaments
(1) The Assembly chosen at the general election held on 22nd April 1972 shall continue for 5 years from the day of the return of the writs for that general election and no longer, unless it is sooner dissolved by the Governor.
(2) Every subsequent Assembly shall continue for 4 years from the day of the return of the writs for the general election at which the Members thereof were elected and no longer, unless it is sooner dissolved by the Governor.
24. Election of Speaker
(1) The Assembly, at its first meeting after a general election, and before proceeding to the despatch of any other business, shall elect one of its Members to be Speaker thereof.
(2) Whenever the office of Speaker shall become vacant through the death, resignation, or removal from office of the Speaker, the Assembly shall elect some other Member thereof to be Speaker.
(3) The election of the Speaker shall be notified to the Governor by a deputation of the said House.
(4) In the event of a dissolution of the Assembly the Speaker and the Chairman of Committees of the Assembly respectively shall hold office until the election held in consequence of such dissolution and, if he is re-elected at such election, until the next meeting of Parliament, but the Speaker shall not preside over any sitting of the Assembly until he has been re-elected as Speaker.
(5) The Speaker, if present, shall preside at all sittings of the Assembly, but in case of his absence through leave of absence granted to him by the Assembly, or through illness or any other unavoidable cause, the Assembly may choose some other Member to fill temporarily the office, and perform the duties, of Speaker during his absence.
24A.
. . . . . . . .
25. Quorum of the Assembly
(1) The Assembly shall not be competent to despatch any business unless at least 10 Members thereof, including the Speaker or the person chosen to preside in his absence are present.
(2) Except as provided in subsection (2A) , all questions shall be decided by a majority of the votes of the Members present, exclusive of the Speaker.
(2A) Notwithstanding subsection (2) , a question relating to –
(a) the rescission of a resolution or vote of the Assembly; or
(b) the suspension of any standing order of the Assembly –
shall, in such cases and on such conditions, if any, as may be prescribed in the standing orders of the Assembly, be decided by such a special majority of the votes of the members thereof as may be prescribed in relation to such a question in those standing orders.
(3) In the event of an equality of votes, the Speaker or such person as aforesaid shall have a casting vote.
Division 4 - Qualifications of electors
26.
. . . . . . . .
27.
. . . . . . . .
28. Assembly and Council electors
Subject to the provisions of this Act and the Electoral Act 2004 , every person who is aged 18 years or more and is an Australian citizen is entitled to be enrolled on the State roll as an elector –
(a) for the Assembly division in which the person lives; and
(b) for the Council division in which the person lives –
and, when so enrolled, is qualified to vote at any election of a Member to serve in either of those divisions.
29.
. . . . . . . .
Division 5 - Disqualification: Vacation of office: Penalty
30. Oath to be taken by Members
No Member of either House may act or vote in the House until he or she has either –
(a) after becoming a Member and before the day on which the Promissory Oaths Act 2015 commences, taken before the Governor, or before another person authorised by the Governor to administer it, the oath of allegiance prescribed by the former Promissory Oaths Act 1869 ; or
(b) after becoming a Member and after the day on which the Promissory Oaths Act 2015 commences, taken and subscribed under section 3(1) of that Act the oath of allegiance.
31. Commonwealth membership
(1) No Member of either House of the Parliament of the Commonwealth shall be capable of sitting as a Member of either House of this State.
(2) If a Member of either House of this State becomes a Member of either House of the Parliament of the Commonwealth, his place in the State House shall become vacant upon the day the Returning Officer declares him elected a Member of either House of the Parliament of the Commonwealth.
(3) If any Minister of the Crown of this State accepts office as a Minister of the Crown under the Commonwealth his office as a Minister of the Crown of this State shall, upon such acceptance, become vacant.
32. Office of profit
(1) Except as otherwise expressly provided, if any Member of either House shall accept any pension payable, out of the Public Account, during the pleasure of the Crown or any office of profit or emolument by the appointment of –
(a) the Governor or the Governor in Council; or
(b) a State instrumentality –
his seat shall thereupon become vacant.
(2) The provisions of subsection (1) do not apply to a person by reason only that he holds the office of Minister of the Crown or Secretary to Cabinet for this State.
(3) No judge of the Supreme Court, and no person holding any office of profit or emolument to which the provisions of subsection (1) apply, shall be capable of being elected to, or of holding, a seat in either House.
(4) In this section –
Public Account means the Public Account as defined in the Financial Management Act 2016 ;
State instrumentality means a State instrumentality as defined in section 33 (6) .
33. Contractors
(1) Subject to this section, any person who shall directly or indirectly himself or by any person whatsoever in trust for him or for his use or benefit or on his account, undertake, execute, hold, or enjoy in the whole or in part, any contract or agreement with the Government of the State shall be incapable of being elected or of sitting or voting as a Member of either House during the time he shall execute, hold, or enjoy any such contract or any part or share thereof or any benefit or emolument arising from the same, and if any Member shall enter into any such contract or agreement or having entered into it shall continue to hold it, his seat shall be vacant.
(2) Subsection (1) does not render a person incapable of being elected or of sitting or voting as a Member of either House or render the seat of a Member vacant by reason only of the making, entering into, or acceptance of a contract or agreement by a corporation (not being a prescribed corporation) consisting of more than 30 members where the contract or agreement is made, entered into, or accepted for the general benefit of the corporation.
(2A) For the purposes of subsection (2) , a prescribed corporation is a corporation –
(a) in which a Member or other person to whom that subsection relates holds one-fifth or more of –
(i) the total number for the time being of the issued shares of all classes; or
(ii) the total amount of the stock for the time being;
(b) in which the Member or other person is entitled to exercise, or to control the exercise, of one-fifth or more of the total voting rights; or
(c) that is, by virtue of section 50 of the Corporations Act, related for the purposes of that Act to any corporation to which paragraph (a) or paragraph (b) of this subsection relates.
(2B) For the purposes of subsection (2A) , shares or stock held, or voting rights exercisable, by a member of the family of the Member or other person shall be deemed to be shares or stock held, or voting rights exercisable, by that Member or person.
(3) The provisions of subsection (1) shall not apply in respect of any contract or agreement –
(a) for the purchase or lease of any land of the Crown under and in pursuance of any Act authorizing the same;
(b) for the sale or surrender of any land resumed or acquired by the Crown for any public purpose under the provisions of any Act if the purchase money or consideration has been determined by arbitration or by a judicial tribunal or has been approved by a resolution of both Houses;
(c) for or in respect of a loan to the Treasurer or any person authorized to borrow on behalf of the State;
(ca) for or in relation to the making of a loan by Tasmania Development and Resources, if the loan is made upon the like conditions and at the same rate of interest (if any) as would be applicable if the loan were made to any other private person;
(cb) for or in relation to the education of a person who is wholly or partly dependent on a Member (including, but without prejudice to the generality of this paragraph) –
(i) the conveyance of such a person to or from a college, school, or other educational establishment;
(ii) the granting or payment to such a person of any allowance in connection with a course of studies; and
(iii) the granting, tenure, or enjoyment of any bursary, scholarship, award, or exhibition –
if the contract or agreement is entered into or made by the Member as a private citizen and upon and subject to the same conditions as would be applicable if it had been entered into or made with any other private person;
(d) for the provision or supply of any prescribed service or the sale or supply, by public auction or public tender, of any goods or the provision for any insurance or indemnity which the State or any State instrumentality on its behalf supplies or undertakes to, for, or for the use of, the public generally if the same –
(i) is entered into by the Member as a private citizen; and
(ii) is subject to the like conditions, and for a consideration of the like amount, or calculated upon a like basis, as would be applicable respectively to such contract or agreement if the same were made by the State or such State instrumentality with any other private person; or
(e) . . . . . . . .
(f) for or in relation to the making of a loan, before the transfer date within the meaning of the Public Sector Superannuation Reform Act 2016 , by–
(i) . . . . . . . .
(ii) the Retirement Benefits Fund Board–
if the loan is made upon the like conditions and at the same rate of interest as would be applicable if the loan were made to any other private person.
(4) Subsection (1) does not operate so as to render a person incapable of being elected, or of sitting or voting, as a Member of either House by reason of his having entered into any contract or agreement to which that subsection relates if, but only if –
(a) the contract or agreement was entered into by the Member before the date on which he was nominated for election; and
(b) not later than 6 months after the date of his election as a Member the contract or agreement is effectually terminated or rescinded.
(5) For the purposes of this section, a contract or agreement with the Government of the State is a contract or agreement –
(a) that is entered into by or on behalf of the State, or by any Minister of the Crown in his capacity as such, or by any Department; or
(b) that is entered into by or on behalf of a State instrumentality.
(6) In this section –
agricultural operations includes horticulture, dairy farming, bee keeping, poultry farming, and the use of land as grazing land or pasture land;
corporation means a corporation within the meaning of the Corporations Act;
member of the family, used in relation to a Member or other person, means –
(a) the spouse or partner of that Member or person; and
(b) a child or stepchild (whether legitimate or illegitimate) of that Member or person;
partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ;
prescribed service means –
(a) electricity;
(b) gas;
(c) water;
(d) public transport facilities;
(e) sewerage or drainage facilities;
(f) medical, surgical, dental, or hospital treatment;
(g) professional or technical services in connection with the carrying on of agricultural operations; and
(h) any other service that is declared, by resolution of both Houses, to be a prescribed service for the purposes of this section;
State instrumentality means any person or body of persons (whether incorporated or unincorporated) constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, or undertaking on behalf of the State, and (without affecting the generality of this definition) includes –
(a) the Hydro-Electric Corporation;
(b) the Transport Commission;
(c)
(d) the Forestry corporation;
(e) Tasmania Development and Resources;
(f) Tasmanian Irrigation Pty Ltd (ACN 133 148 384);
(fa)
(fb) the Commission within the meaning of the Public Sector Superannuation Reform Act 2016 ;
(g) the Rivers and Water Supply Commission; and
(h) the Hobart Regional Water Authority.
34. Vacation of office for other causes
If any Member of either House shall –
(a) for one entire session thereof, fail to give his attendance therein without the permission of such House;
(b) take any oath or make any declaration or act of acknowledgment of allegiance or adherence to any foreign prince or power;
(c) do, or concur in, or adopt, any act whereby he may become a subject or citizen of any foreign state or power;
(d) become bankrupt, or take the benefit of any law relating to bankruptcy;
(e) be attainted of treason or be convicted of any crime and is sentenced or subject to be sentenced to imprisonment for any term exceeding one year unless he has received a free pardon in respect thereof; or
(f) become of unsound mind –
his seat in such House shall thereupon become vacant.
35. Election and return void in certain cases
If a person who is, by virtue of the operation of any provision of this Act or of the Electoral Act 2004 , disqualified from or incapable of being elected, or disqualified from or incapable of sitting or voting, as a Member of either House, is elected and returned, his election and return is void.
PART IV - Money Bills: Powers of Houses
36. Interpretation
In this Part –
Appropriation Act means an Act which authorizes the issue and application of any money from the Public Account to meet–
(a) the cost of the ordinary annual services of the Government;
(b) expenditure on public works or any property required for public purposes; or
(c) the making of a loan authorized by law;
Income Tax Rating Act means an Act which fixes or declares the rate or rates of tax in respect of incomes, to be paid under the provisions of any Act providing for the payment of such tax;
Land Tax Rating Act means an Act which fixes or declares the rate or rates of tax in respect of the taxable value of land, to be paid under the provisions of any Act providing for the payment of such tax.
37. Money Bills to originate in the Assembly
(1) A vote, resolution, or Bill for the appropriation of any money, or for the imposition of a tax, rate, duty, or impost, shall originate in the Assembly.
(2) A vote, resolution, or Bill shall not be deemed to be a vote, resolution, or Bill for the appropriation of any money, or for the imposition of a tax, rate, duty, or impost by reason only of its containing provisions –
(a) for the imposition or appropriation of fines or other pecuniary penalties; or
(b) for the demand, or payment, or appropriation of fees for licences, or fees for services thereunder.
38. Money votes, &c., to be recommended by the Governor
(1) The Assembly shall not pass a vote, resolution, or Bill for the appropriation of any money or of any tax, rate, duty, or impost unless the purpose of the appropriation is, in the same session, recommended to the Assembly by the Governor.
(2) An infringement or non-observance of the provisions of subsection (1) shall not be held to affect the validity of any Act that is assented to by the Governor after the commencement of this section.
39. Limitation of matters to be dealt with in Appropriation Bills
A Bill for an Appropriation Act shall not –
(a) deal with any matter other than the issue, application, and appropriation of money out of the Public Account; or
(b) authorize such issue, application, or appropriation for a longer period than one year.
40. Certain provisions in Appropriation Acts inoperative
If any provision in an Appropriation Act –
(a) deals with any matter other than the issue, application, and appropriation of money out of the Public Account; or
(b) authorizes any such issue, application, or appropriation, as last aforesaid for a longer period than one year –
such provision shall be of no effect.
41. Limitation of matters to be dealt with in Income Tax Rating Acts and Land Tax Rating Acts
(1) An Income Tax Rating Act and a Land Tax Rating Act are to deal only with the fixing or declaration of the rate or rates of tax to be paid –
(a) in the case of an Income Tax Rating Act, in respect of incomes; and
(b) in the case of a Land Tax Rating Act, in respect of the taxable value of land.
(2) An Income Tax Rating Act is to fix or declare the rate or rates of tax for one year only otherwise it is of no effect.
41A. Powers of the Assembly in respect of its own duration
The Assembly may not pass any Bill to amend section 23 unless not less than two-thirds of its Members vote for passing the Bill or for a motion on the passing of which the Bill will be deemed to have passed.
42. Powers of the Council in respect of the amendment of Bills
(1) The Council may not amend –
(a) a provision of a Bill for an Appropriation Act that authorizes the issue and application of any part of the revenue or other money from the Public Account to meet the cost of the ordinary annual services of the Government;
(b) a Bill for an Income Tax Rating Act; or
(c) a Bill for a Land Tax Rating Act.
(2) Except as mentioned in subsection (1) , the Council may amend any vote, resolution, or Bill: Provided, however, that the Council may not, by any amendment to a vote, resolution, or Bill –
(a) insert any provision therein for the appropriation of moneys; or
(b) impose or increase any burden on the people.
43. Power of the Council to request amendment of Bills which it may not amend
(1) The Council may, at any stage of a Bill which it may not amend, return such Bill to the Assembly, requesting, by message, the amendment of the Bill in all or any of the following respects, namely:
(a) The deletion of any item or provision;
(b) The amendment of any item or provision;
(c) The insertion of any item or provision.
(2) The Assembly may, if it thinks fit, make any of such deletions, amendments, or insertions, with or without modifications.
44. Power of the Council to reject Bills which it may not amend
The Council may reject any vote, resolution, or Bill.
45. General powers of the Council and the Assembly
Except as otherwise expressly provided in this Part, the Council and the Assembly shall, in all respects, have equal powers.
PART IVA - Local Government
45A. Elected municipal councils
(1) There shall be in Tasmania a system of local government with municipal councils elected in such manner as Parliament may from time to time provide.
(2) Each municipality shall have such powers as Parliament may from time to time provide, being such powers as Parliament considers necessary for the welfare and good government of the area in respect of which the municipality is constituted.
45B. Certain laws not affected
Section 45A does not affect the operation of any law –
(a) prescribing circumstances in which the offices of members of a municipal council shall become and remain vacant;
(b) providing for the administration of any area of the State –
(i) to which the system referred to in that section does not for the time being extend; or
(ii) when the offices of all the members of the municipal council for that area are vacant; or
(c) conferring any power relating to local government on a person other than a municipal council.
45C. Municipal areas
Any division of Tasmania into municipal areas is not to be altered without the recommendation of the Local Government Board established under the Local Government Act 1993 .
PART V - General Provisions
46. Religious freedom
(1) Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
(2) No person shall be subject to any disability, or be required to take any oath on account of his religion or religious belief and no religious test shall be imposed in respect of the appointment to or holding of any public office.
SCHEDULE 1 - Repeals
Section 2
Regnal Year and Number
Title of Act
10 Geo. IV No. 5
An Act for extending to this Colony an Act of Parliament passed in the tenth year of the reign of His present Majesty, intituled An Act for the relief of His Majesty's Roman Catholic Subjects
18 Vict. No. 17
Constitution Act
34 Vict. No. 42
Constitution Amendment Act 1870
48 Vict. No. 54
Constitution Amendment Act 1884
49 Vict. No. 8
Constitution Amendment Act 1885
54 Vict. No. 58
Constitution Amendment Act 1890
61 Vict. No. 9
Parliamentary Officers' Salaries Act 1897
62 Vict. No. 67
An Act to further amend the Constitution Act
64 Vict. No. 2
Demise of the Crown Act 1900
64 Vict. No. 5
Constitution Amendment Act 1900
3 Edw. VII No. 17
Constitution Amendment Act 1903
6 Edw. VII No. 47
Constitution Amendment Act 1906
9 Edw. VII No. 5
Redistribution of Council Seats Act 1908
9 Edw. VII No. 2
Redistribution of Council Seats Amendment Act 1909
11 Geo. V No. 4
Constitution (War Service Franchise) Act 1920
12 Geo. V No. 61
Constitution Act 1921
13 Geo. V No. 16
Constitution Act 1923
16 Geo. V No. 90
Constitution Act 1926
17 Geo. V No. 57
Deputy Governor's Powers Act 1926
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4 - House of Assembly Divisions
Section 22(5)
BASS
The area shown on Plan 10663 in the Central Plan Register as the Division of Bass
BRADDON
The area shown on Plan 10664 in the Central Plan Register as the Division of Braddon
CLARK
The area shown on Plan 10665 in the Central Plan Register as the Division of Clark
FRANKLIN
The area shown on Plan 10666 in the Central Plan Register as the Division of Franklin
LYONS
The area shown on Plan 10667 in the Central Plan Register as the Division of Lyons
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