19 VICTORIA. An Act to establish a Constitution in and for the Preamble. 13 & 14 Vict. c. 59. Separate Legislative Houses established. Legislative tuted. Repealed by Vic 55 Colony of Victoria,() し [Reserved, 25th March 1854. Royal Assent proclaimed, 23rd November 1855.] THEREAS by an Act of the Imperial Parliament of the United Kingdom of Great Britain and Ireland passed in the session holden in the thirteenth and fourteenth years of the reign of Her present Majesty intituled "An Act for the better government of Her Majesty's Australian colonies" it was amongst other things enacted that notwithstanding anything thereinbefore contained it should be lawful for the Governor and Legislative Council of the colony of Victoria after the establishment therein of a Legislative Council under the said Act from time to time by any Act or Acts to alter the provisions or laws for the time being in force under the said Act or otherwise concerning the election of the elective members of such Legislative Council the qualification of electors and elective members or to establish in the said colony instead of the Legislative Council a Council and a House of Representatives or other separate Legislative Houses to consist respectively of such members to be appointed or elected respectively by such persons and in such manner as by such Act or Acts should be determined and to vest in such Council and House of Representatives or other separate Legislative Houses the powers and functions of the Legislative Council for which the same might be substituted: And whereas it is expedient to establish in the said colony separate Legislative Houses and to vest in them as well the powers and functions of the Legislative Council now subsisting as the other and additional powers and functions hereinafter mentioned: Be it therefore enacted by His Excellency the LieutenantGovernor of the said colony of Victoria by and with the advice and consent of the Legislative Council thereof as follows: 1. There shall be established in Victoria instead of the Legislative Council now subsisting one Legislative Council and one Legislative Assembly, to be severally constituted in the manner hereinafter provided: and Her Majesty shall have power by and with the advice and consent of the said Council and Assembly to make laws in and for Victoria in all cases whatsoever. 2. The Legislative Council of Victoria shall consist of thirty Council consti- members to be elected as hereinafter provided; and for the purpose of returning such members the said colony shall be divided into six electoral provinces, the boundaries whereof for the purposes of this Act shall be taken to be those set forth in the Schedule marked E hereunto annexed; and each such province shall return an equal number of members. 29 Vict. No. 279 8. 2," Parliament (Elec toral)," post. Retirement of members in rotation. Schedule E. 3. At the first election of the members of the said council held after this Act shall have come into operation each province shall return the number of members assigned thereto in the said Schedule; and at the expiration of two years from the date of such first election (a) This Act was assented to by Her Majesty in Council (pursuant to the provisions of the Statute 18 & 19 Vict. c. 55 s. 1) on the 21st July 1855, and was proclaimed and came into operation in Victoria on the 23rd November 1855. This Act is generally referred to as Schedule I. of the Imperial Act 18 & 19 Vict. c. 55. and thenceforward at the expiration of every succeeding period of 19 VICTORIA. two years one of the members returned for each of the said electoral provinces respectively shall retire from the said Council; and those shall so retire who shall have been for the longest time members thereof without re-election. Provided that any member elected in the place of a member dying resigning or retiring otherwise than by rotation shall hold his seat only so long as the member in whose place he has been elected would have been entitled to have held the same. Provided further that of members elected for any province at the first election as aforesaid the member who may at his election have received the least number of votes shall first so retire; and in case of an equality of votes or of no polling having taken place at such election it shall be decided by lot which member shall so retire. Provided also that any member so retiring shall if otherwise qualified be capable of being re-elected. 4. [Repealed by 32 Vict. No. 334 s. 2, "Parliament (Council),” post.] 5. [Repealed by 21 Vict. No. 33 s. 1.] 6. The Legislative Council shall, at its first meeting and before Election of proceeding to the despatch of any other business, elect one member president. of the said Council to be the president thereof; and as often as the place of the said president shall become vacant by death resignation or removal by a vote of the Council or by disallowance as hereinafter mentioned or otherwise, shall forthwith proceed to elect some other member to be the president thereof; and the president so elected shall preside at the meetings of the Council. Provided that it shall be lawful for the Governor to disallow the choice of any such president, and upon any such disallowance being signified by the Governor to the Council the place of such president shall become vacant. 7. [Repealed by 32 Vict. No. 334 s. 2, "Parliament (Council),” post.] 8. It shall be lawful for any member to resign his seat in the Resignation of Legislative Council by a letter addressed to the Governor; and from members. the time when the same shall have been received by the Governor the seat of such member shall become vacant. 9. The Legislative Council shall not be competent to the despatch Quorum of Legis of business unless there be present exclusive of the president one- lative Council. third at least of the members of the said Council; or if the whole number of members thereof shall not be exactly divisible by three, then such integral number as is next greater than one-third of the members of the said Council: and all questions, save as herein excepted, which shall arise in the Council shall be decided by a majority of the members present other than the president; and when the votes shall be equal, the president shall have the casting vote. 10. [Repealed by 22 Vict. No. 64 s. 1, “Parliament (Assembly),” post.] 11. No person shall be capable of being elected a member of Qualification the Assembly who shall not be of the full age of twenty-one years or who shall not be a natural born subject of the Queen or have been naturalized by law for the space of five years and been resident in of members. See 21 Vict. No. 12 s. 2," Parliament (Assembly)," post. Vict. No. 12 s. 1, "Parliament (Assembly)," post. 19 VICTORIA. Victoria for the space of two years previous to such election and who shall not be legally or equitably seised of or entitled to an estate of Repealed by 21 freehold in possession for his own use and benefit in lands and tenements in Victoria of the value of two thousand pounds sterling money or of the annual value of two hundred pounds sterling money above all charges and incumbrances affecting the same. Provided that no person shall be capable of being elected a member to serve in the Assembly who shall be a judge of any court of the said colony appointed during good behaviour or a minister of any religious denomination whatever may be his title rank or designation. Provided further that no person who shall have been attainted of any treason or convicted of any felony or infamous crime in any part of Her Majesty's dominions shall be capable of being elected a member of the said Assembly. Members of of being mem 12 to 15, inclusive. [Repealed by 21 Vict. No. 33 s. 1.] 16. No person being a member of the Council shall be capable Council incapable of being elected or of sitting or voting as a member of the Assembly; bers of Assembly nor shall any person being a member of the said Assembly be and vice versa. capable of being elected or of sitting or voting as a member of the Election of speaker. Quorum of Quorum of though election said Council. 17 & 18. [Repealed by 23 Vict. No. 91 s. 14, "Parliament (Officials)," post.] 19. [Repealed by 22 Vict. No. 89 s. 1, “Parliament (Duration)," post.] 20. The Legislative Assembly of Victoria shall at its first meeting after every general election and before proceeding to the despatch of any other business, elect a member of such Assembly to be speaker; and in case of his death resignation or removal by a vote of the Assembly shall forthwith proceed to elect some other member to be speaker; and the speaker so elected shall preside at the meetings of the Assembly, except as may be provided by the standing rules and orders hereby authorised to be made. 21. The Legislative Assembly shall not be competent to the despatch of business unless there be present exclusive of the speaker twenty members thereof. And all questions, save as herein excepted, which shall arise in the Assembly shall be decided by the majority of members present other than the speaker and when the votes shall be equal the speaker shall have the casting vote. 22. No omission or failure to elect a member or members in or Houses may act for any electoral province or district, nor the vacating the seat or may have failed. avoiding the election of any such member or members, shall be deemed or taken to make either the Legislative Council or the Legislative Assembly (as the case may be) incomplete, or to invalidate any proceedings thereof, or to prevent such Council or Assembly from meeting and despatching business so long as there shall be a quorum of members present. Resignation of 23. It shall be lawful for any member to resign his seat in the Legislative Assembly by writing under his hand addressed to the members. speaker; and from the time when the same shall have been received 19 VICTORIA. by the speaker the seat of such member shall become vacant. 24. If any member of the Legislative Council or Legislative seat how Assembly shall for one entire session thereof without the permission vacated. of the said Council or Assembly as the case may be fail to give his attendance in such Council or Assembly, or shall take any oath or make any declaration or acknowledgment of allegiance obedience or adherence to any foreign prince or power or adopt any act whereby he may become a subject or citizen of any foreign state or power, or shall become bankrupt or an insolvent debtor within the meaning of the laws in force within Victoria relating to bankrupts or insolvent debtors, or shall become a public defaulter, or be attainted of treason or be convicted of felony or any infamous crime, or become non compos mentis, his seat in the said Council or Assembly as the case may be shall thereby become vacant.(a) 25. [Repealed by 23 Vict. No. 91 s. 14, “Parliament (Officials),” post.] 26. If any person by this Act disabled or declared to be incapable to sit or vote in the Legislative Council or Legislative Assembly be elected and returned as a member to serve in the said Council or Assembly, such election and return may be declared by the said Council or Assembly (as the case may be) to be void, and thereupon the same shall become void to all intents and purposes: and if any person so elected and returned contrary to the provisions of this Act shall sit or vote as member of the said Council or Assembly, he shall be liable to pay the sum of two hundred pounds to be recovered by any person who shall sue for the same in any court of the said colony having competent jurisdiction. Effects of incapacity. Repealed as to want of property qualifica tion in member of Assembly by 21 Vict. No. 12 s.1; and as to so much as relates to any person being elected and returned or sitting or voting as a member of the Council by 33 Vict. No. 834 8. 2, "Parliament." make provision elections &c. 27. The Legislature of Victoria in existence at the time of the Power for existproclamation of this Act as hereinafter mentioned shall, by an Acting Legislature to or Acts to be for that purpose made and passed in the manner and for regulating subject to the conditions required in respect of any Act or Acts made or passed by such Legislature, make all necessary provision for the compilation and revision of lists of all persons qualified to vote at the elections of members to serve in the said Council and Assembly respectively, and for the registration of such persons, and for the appointing of returning officers at such elections, and for the issuing executing and returning the necessary writs for the same, and generally for declaring and filling up all vacancies in such Council and Assembly respectively, and for regulating the proceedings and taking the poll at all such elections, and for determining the validity of all disputed returns and elections, and otherwise for ensuring the orderly effective and impartial conduct of all such elections. dissolution. 28. It shall be lawful for the Governor to fix such places within Convocation Victoria, and, subject to the limitation herein contained, such times prorogation and for holding the first and every other session of the Council and Assembly, and to vary and alter the same respectively in such manner as he may think fit; and also from time to time to prorogue (a) For penalties for offences against the provisions of this section, see 23 Vict. No. 91 s. 10, "Parliament (Officials)," post. |