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CONSTITUTION AMENDMENT BILL 2000

                       New South Wales




Constitution Amendment Bill 2000


Contents
                                                                  Page

         1   Name of Act                                            2
         2   Commencement                                           2
         3   Amendment of Constitution Act 1902 No 32               2
         4   Transitional                                           2

  Schedule 1 Amendments                                             3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.


                                                Clerk of the Parliaments
 
 
egislative Council
                      2000




                             New South Wales

Constitution Amendment Bill 2000
Act No     , 2000



An Act to amend the Constitution Act 1902 in relation to the vacation of seats of
Members of Parliament following conviction for certain offences.
Clause 1         Constitution Amendment Bill 2000




The Legislature of New South Wales enacts:

  1      Name of Act
             This Act is the Constitution Amendment Act 2000.

  2      Commencement
             This Act commences on the date of assent.

  3      Amendment of Constitution Act 1902 No 32
             The Constitution Act 1902 is amended as set out in Schedule 1.

  4      Transitional
             Section 13A of the Constitution Act 1902, as amended by this Act,
             applies in relation to convictions pronounced after the commencement
             of this Act for infamous crimes or offences committed whether before
             or after that commencement.




Page 2
Constitution Amendment Bill 2000

Amendments                                                             Schedule 1




Schedule 1          Amendments
                                                                          (Section 3)


 [1]   Section 13A Further disqualifications

       Insert "and is the subject of the operation of subsection (2)," after "more,"
       in section 13A (e).

 [2]   Section 13A (2)-(5)

       Insert at the end of section 13A:
               (2) For the purposes of subsection (1) (e), a Member is the subject
                   of the operation of this subsection if:
                   (a)    the Member has not lodged an appeal against the
                          conviction within the prescribed period, or
                   (b)    the conviction has not been quashed on the
                          determination of an appeal or appeals lodged within the
                          prescribed period, or
                   (c)    such an appeal has been lodged within the prescribed
                          period but has been withdrawn, or has lapsed, without
                          being determined, and no other appeal lodged within the
                          prescribed period is pending.
               (3) Nothing in this section affects any power that a House has to
                   expel a Member of the House.
               (4) An appeal is taken to have lapsed when a court makes a
                   declaration to that effect or relevant rules of court treat the
                   appeal as having lapsed.
               (5) In this section:
                   appeal includes a notice of appeal and an application for leave
                   to appeal, and any appeal lodged pursuant to such a notice or
                   pursuant to leave granted on such an application.
                   prescribed period, in relation to an appeal, means the period
                   within which the appeal may be lodged, but does not include
                   any extension of a period which a court may grant.




                                                                             Page 3
             Constitution Amendment Bill 2000

Schedule 1   Amendments




                quash a conviction means quash or otherwise set aside the
                conviction.




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