{"id":"constitution-act-1934","name":"Constitution Act 1934","slug":"constitution-act-1934","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31811,"registerId":"sa-constitution-act-1934-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Constitution Act 1934","content":"South Australia\nConstitution Act 1934\nAn Act to provide for the Constitution of the State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tRecognition of Aboriginal peoples\n3\tRecognition of importance of First Nations voices\nPart 2—The legislature\nDivision 1—General provisions\n4\tConstitution of the Parliament\n5\tPowers of the Parliament\n6\tPlace and time for holding Sessions of Parliament\n7\tSessions of Parliament\n8\tPower of Parliament to alter this Act\n9\tPrivileges of Parliament\n10\tRelative powers of Houses of Parliament\n10A\tSpecial provisions as to referendum\nDivision 2—Legislative Council\n11\tNumber of members of Legislative Council\n13\tCasual vacancies\n14\tTerm of service of Legislative Councillors\n15\tOrder of retirement\n16\tResignation of Legislative councillors\n17\tVacation of seat in Council\n19\tLegislative Council district\n23\tElection of President of Legislative Council\n24\tAbsence of President\n25\tContinuance of President in office after dissolution or retirement\n26\tQuorum of Council\nDivision 3—House of Assembly\n27\tNumber of members of House of Assembly\n28\tTerm of House of Assembly\n28A\tEarly dissolution of House of Assembly\n30\tResignation of seats in the Assembly\n31\tVacation of seat in Assembly\n32\tAssembly districts\n34\tElection of Speaker\n34A\tRemoval of Speaker\n35\tAbsence of Speaker\n36\tContinuance in office of Speaker and Chairman of Committees after dissolution\n37\tQuorum etc\nDivision 4—Both Houses of Parliament\n38\tPrivileges, powers etc of Council and Assembly\n39\tPrivilege against legal proceedings abolished\n40\tEvidence of privileges\n41\tSettlement of deadlocks\n42\tOath of allegiance\n43\tDetermination of questions of vacancy\n43A\tDisqualification of members occupying seats in both Houses\n44\tDisqualification of Judges\n45\tDisqualification of members holding offices of profit\n46\tEffect of election of disqualified person\n46A\tCrown pensioners qualified for election\n47\tPrevention of membership of both Commonwealth and State Parliaments\n48\tFranchise for women\n48A\tNon-disqualification of women as members\n54A\tProvisions as to members of Parliamentary committees and royal commissions\n55\tStanding rules and orders\n56\tGovernor's Message\n57\tRestoration of lapsed Bills\n58\tProvision as to President, Speaker, and officers\n59\tGovernor's recommendation for money votes\nDivision 5—Money Bills\n60\tInterpretation of sections 60–63\n61\tOrigin of money Bills and money clauses\n62\tPower of Council as to money clauses\n63\tRestriction on contents of ordinary appropriation Bill\n64\tValidity of Acts assented to\nPart 2A—Local government\n64A\tConstitutional guarantee of continuance of local government in this State\nPart 3—The executive\n65\tNumber of Ministers of the Crown\n66\tMinisterial offices\n67\tAppointment of acting Ministers\n67A\tParliamentary Secretaries\n68\tAppointment of officers\n69\tPowers of Governor's Deputy\n70\tPower of deputy of Lieutenant-Governor or Administrator\n71\tSignature of certain orders etc\n71A\tValidation of certain warrants etc\n73\tGovernor's salary\n73A\tCosts associated with Governor's official duties\n73B\tAppropriation\nPart 4—The judiciary\n74\tTenure of office of Judges\n75\tRemoval from office of Judges\n75A\tOperation of Part\nPart 5—Electoral redistribution\nDivision 1—Preliminary\n76\tDefinitions\n77\tBasis of redistribution\nDivision 2—Electoral Districts Boundaries Commission\n78\tThe Commission\n79\tIncorporation of the Commission\n80\tProcedure etc at meetings\n81\tStaff\n82\tElectoral redistributions\n83\tCriteria\n83A\tReview\n84\tApplication of Royal Commissions Act\n85\tRepresentations to the Commission\n86\tOrder of the Commission\n87\tMoneys required for the purposes of the Commission\nDivision 3—Entrenchment of this Part\n88\tSpecial provisions as to referendum\nPart 6—Miscellaneous\n89\tDemise of the Crown\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Constitution Act 1934.\n2—Recognition of Aboriginal peoples\n\t(1)\tThe Parliament on behalf of the people of South Australia acknowledges that—\n\t(a)\tthe Parliament of the United Kingdom in 1834 passed a Bill called An Act to empower His Majesty to erect South Australia into a British Province or Provinces and to provide for the Colonisation and Government thereof and that by Letters Patent dated 19 February 1836 His Majesty established the Province of South Australia; and\n\t(b)\tthe making of the above instruments and subsequent constitutional instruments providing for the governance of South Australia and for the making of laws for peace, order and good government occurred without proper and effective recognition, consultation or authorisation of Aboriginal peoples of South Australia.\n\t(2)\tFollowing the Apology given on 28 May 1997, the Parliament, on behalf of the people of South Australia—\n\t(a)\tacknowledges and respects Aboriginal peoples as the State's first peoples and nations; and\n\t(b)\trecognises Aboriginal peoples as traditional owners and occupants of land and waters in South Australia and that—\n\t(i)\ttheir spiritual, social, cultural and economic practices come from their traditional lands and waters; and\n\t(ii)\tthey maintain their cultural and heritage beliefs, languages and laws which are of ongoing importance; and\n\t(iii)\tthey have made and continue to make a unique and irreplaceable contribution to the State; and\n\t(c)\tacknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters.\n\t(3)\tThe Parliament does not intend this section to have any legal force or effect.\n3—Recognition of importance of First Nations voices\n\t(1)\tThe Parliament of South Australia recognises the importance of listening to the voices of First Nations people if there is to be a fair and truthful relationship between the First Nations and non‑First Nations people of South Australia.\n\t(2)\tThe Parliament acknowledges that the voice of First Nations people has not always been heard in Parliament, and intends that, through the First Nations Voice Act 2023, that voice will be heard, and will make a unique and irreplaceable contribution to South Australia that benefits all South Australians.\nPart 2—The legislature\nDivision 1—General provisions\n4—Constitution of the Parliament\nThere shall be a Legislative Council and a House of Assembly which shall be called the Parliament of South Australia, and shall be constituted in the manner provided by this Act.\n5—Powers of the Parliament\nThe Legislative Council and House of Assembly shall have and exercise all the powers and functions formerly exercised by the Legislative Council constituted pursuant to section 7 of the Act of the Imperial Parliament, 13 and 14 Victoria, Chapter 59, entitled \"An Act for the better Government of Her Majesty's Australian Colonies\".\n6—Place and time for holding Sessions of Parliament\n\t(1)\tThe Governor may—\n\t(a)\tfix such places and times for holding every session of the Parliament as the Governor thinks fit;\n\t(b)\tfrom time to time change any such place or time as the Governor judges advisable and most consistent with general convenience and the public welfare;\n\t(c)\texcept during a relevant election period, prorogue the Parliament from time to time.\nProvided that this section shall not authorise the Governor to dissolve the Legislative Council.\n\t(2)\tThe Governor shall give sufficient notice of the time and place fixed for holding every session of Parliament, and of any change thereof.\n\t(3)\tIn this section—\nrelevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) and ending on the day of that general election (and includes, if the Constitution (Independent Speaker) Amendment Act 2021 comes into operation during a relevant election period, the remainder of that relevant election period).\n7—Sessions of Parliament\nThere shall be a session of the Parliament once at least in every year; so that a period of twelve calendar months shall not intervene between the last sitting of the Parliament in one session and the first sitting of the Parliament in the next session.\n8—Power of Parliament to alter this Act\nThe Parliament may, from time to time, by any Act, repeal, alter, or vary all or any of the provisions of this Act, and substitute others in lieu thereof: Provided that—\n\t(a)\tit shall not be lawful to present to the Governor, for His Majesty's assent, any Bill by which an alteration in the constitution of the Legislative Council or House of Assembly is made, unless the second and third readings of that Bill have been passed with the concurrence of an absolute majority of the whole number of the members of the Legislative Council and of the House of Assembly respectively;\n\t(b)\tevery such Bill which has been so passed shall be reserved for the signification of His Majesty's pleasure thereon.\n9—Privileges of Parliament\nThe Parliament may, by any Act, define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and House of Assembly, and by the members thereof respectively: Provided that no such privileges, immunities, or powers shall exceed those held, enjoyed, and exercised on the twenty-fourth day of October, 1856, by the House of Commons, or the members thereof.\n10—Relative powers of Houses of Parliament\nExcept as provided in the sections of this Act relating to money Bills, the Legislative Council shall have equal power with the House of Assembly in respect of all Bills.\n10A—Special provisions as to referendum\n\t(1)\tExcept as provided in this section—\n\t(a)\tthe House of Assembly shall not be abolished; and\n\t(b)\tthe Legislative Council shall not be abolished; and\n\t(c)\tthe powers of the Legislative Council shall not be altered; and\n\t(d)\tsections 8 and 41 of this Act shall not be repealed or amended; and\n\t(e)\tany provision of this section shall not be repealed or amended.\n\t(2)\tA Bill providing for or effecting—\n\t(a)\tthe abolition of the House of Assembly; or\n\t(b)\tthe abolition of the Legislative Council; or\n\t(c)\tany alteration of the powers of the Legislative Council; or\n\t(d)\tthe repeal or amendment of section 8 or section 41 of this Act; or\n\t(e)\tthe repeal or amendment of any provision of this section,\nshall be reserved for the signification of Her Majesty's pleasure thereon, and shall not be presented to the Governor for Her Majesty's assent until the Bill has been approved by the electors in accordance with this section.\n\t(3)\tOn a day which shall be appointed by proclamation, being a day not sooner than two months after the Bill has passed through both the Houses of Parliament, the Bill shall, as provided by and in accordance with an Act which must be passed by Parliament and in force prior to that day, be submitted to the persons whose names appear as electors on the electoral rolls kept under the Electoral Act 1929, as amended, for the election of members of the House of Assembly.\n\t(4)\tWhen the Bill is so submitted as provided by and in accordance with the Act referred to in subsection (3) of this section, a vote shall be taken in such manner as is prescribed by that Act.\n\t(5)\tIf the majority of the persons voting approve of the Bill, it shall be presented to the Governor for Her Majesty's assent.\n\t(6)\tWithout restricting or enlarging the application of this section, this section shall not apply to any Bill providing for or effecting—\n\t(a)\tthe repeal; or\n\t(b)\tthe amendment from time to time; or\n\t(c)\tthe re-enactment from time to time with or without modification,\nof section 11, 12, 16, 17, 18, 19, 20, 20A, 21, 22, 44, 45, 46, 46A, 48, 48A, 49, 50, 51, 52, 53, 54, 54A, 55, 56, 57, 58, 59, 60, 61, 63, 64 or 65 of this Act as in force immediately after the commencement of the Constitution Act Amendment Act 1969, or of any enactment for the time being in force so far as it relates to the subject matter dealt with in any of those sections.\n\t(7)\tAny person entitled to vote at an election for a member or members of the House of Assembly or the Legislative Council shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section either before or after any Bill referred to in this section is presented to the Governor for Her Majesty's assent.\nDivision 2—Legislative Council\n11—Number of members of Legislative Council\nThe Legislative Council shall consist of twenty-two members elected by the inhabitants of the State legally qualified to vote.\n13—Casual vacancies\n\t(1)\tSubject to this section, where a casual vacancy occurs by death, resignation or otherwise in the seat of a member of the Legislative Council, a person shall be chosen to occupy the vacant seat by an assembly of the members of both Houses of Parliament.\n\t(2)\tAn assembly need not be held under subsection (1) to supply a casual vacancy if the vacancy occurs 3 months or less before a day on which the former member would, if circumstances giving rise to a casual vacancy had not occurred, have been required to retire in any event.\n\t(3)\tWhere—\n\t(a)\ta casual vacancy occurs in the seat of a member of the Legislative Council; and\n\t(b)\tthe House of Assembly is dissolved by the Governor (otherwise than in pursuance of section 41) or expires by effluxion of time; and\n\t(c)\tas at the date of the dissolution or expiry, no assembly of the members of both Houses of Parliament had been held to choose a person to occupy the vacant seat; and\n\t(d)\tthe member formerly occupying the seat would, if the casual vacancy had not occurred, have been one of those required to retire under section 14(2),\nthe vacancy shall be supplied at the ensuing election.\n\t(4)\tThe following provisions apply in relation to the constitution and proceedings of an assembly that is, in pursuance of subsection (1), to choose a person to occupy a vacancy in the membership of the Legislative Council:\n\t(a)\tthe assembly shall meet at a time and place appointed by proclamation; and\n\t(b)\ta member of the House of Assembly or the Legislative Council appointed by proclamation shall preside over the assembly; and\n\t(c)\ta suitable person shall be appointed by proclamation to be the clerk of the assembly; and\n\t(d)\tthe procedural rules (if any) prescribed by proclamation shall be observed at the assembly and, in the absence of a rule governing a particular question of procedure that arises before the assembly, that question shall be decided by the person presiding or, if the assembly is dissatisfied with that person's decision, by the assembly itself; and\n\t(e)\tthe members of the assembly shall, in relation to proceedings before the assembly, have the same privileges and immunities as the members of the House of Assembly in relation to proceedings before that House; and\n\t(f)\tthe person presiding over the assembly and the assembly itself have respectively the same powers to maintain order as the Speaker and the House of Assembly; and\n\t(fa)\tthere is no requirement for all members of both Houses of Parliament to be present at a meeting of the assembly; and\n\t(g)\ta question before the assembly shall be decided by a majority of the votes cast by the members present at a meeting of the assembly; and\n\t(h)\teach member present at a meeting of the assembly, except the person presiding, shall be entitled to one vote on a question arising before the assembly and, in the event of an equality of votes, the person presiding shall have a casting vote.\n\t(5)\tWhere a casual vacancy in the membership of the Legislative Council is to be occupied by a person chosen by an assembly of the members of both Houses of Parliament, and the member, whose seat has become vacant, was at the time of his or her election publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself or herself to be such a candidate, the person chosen by the assembly to occupy that vacancy shall, unless there is no member of that party available to be chosen, be a member of that party nominated by that party to occupy the vacancy.\n14—Term of service of Legislative Councillors\n\t(1)\tSubject to this Act, a member of the Legislative Council shall occupy the member's seat until required to retire in accordance with this section.\n\t(2)\tSubject to subsection (3), whenever the House of Assembly is dissolved by the Governor (otherwise than in pursuance of section 41) or expires by effluxion of time, 11 members of the Legislative Council shall retire and an election to supply the resulting vacancies shall take place at the time of the general election of members of the House of Assembly.\n\t(3)\tA member of the Legislative Council is not required to retire under subsection (2) unless—\n\t(a)\tin the case of a member elected at an election held upon dissolution of the Legislative Council under section 41—3 years have elapsed from the first day of March in the year in which that election was held;\n\t(b)\tin any other case—6 years have elapsed from the first day of March in the year in which the member was last elected.\n\t(4)\tThe seat of a member of the Legislative Council who is required to retire under subsection (2) is automatically vacated on the dissolution or expiry of the House of Assembly without the necessity of any action on the part of the retiring member.\n15—Order of retirement\n\t(1)\tSubject to this section, the order of retirement as between members of the Legislative Council shall be determined by reference to the period they have occupied their seats since the date of their last election, so that a member who has occupied his or her seat for a longer period retires before a member who has occupied his or her seat for a shorter period.\n\t(2)\tFor the purposes of subsection (1), where a casual vacancy occurs in the seat of a member of the Legislative Council and a person is chosen to occupy the vacant seat by an assembly of the members of both Houses of Parliament, the person so chosen shall be deemed to have occupied the seat since the date on which a person was last elected to occupy it.\n\t(3)\tWhere a casual vacancy occurs in the seat of a member of the Legislative Council, and the vacancy is to be supplied at an election in pursuance of section 13(3), the member formerly occupying the vacant seat shall be counted as one of the 11 retiring under section 14(2).\n\t(4)\tWhere an election is held upon dissolution of the Legislative Council under section 41—\n\t(a)\tthe Electoral Commissioner shall, as soon as practicable after the election, publish by notice in the Gazette the names of those members of the Legislative Council who would have been elected on the votes cast at the election if—\n\t(i)\tthe election had been one to supply 11 vacancies in the membership of the Legislative Council; and\n\t(ii)\tthe only names of candidates appearing on the ballot-papers at that election were the names of the members elected at the election and the numbers indicating preferences had been altered accordingly; and\n\t(b)\tthe 11 members whose names are not so published (including any member who was chosen by an assembly of the members of both Houses of Parliament to occupy a casual vacancy occurring in the seat of any such member) shall be the first to retire under section 14(2).\n16—Resignation of Legislative councillors\n\t(1)\tAny member of the Legislative Council may resign his or her seat in the Council by writing under his or her hand, addressed to the President of the Council, and delivered to the President forthwith after the signing thereof, and upon the receipt of such resignation by the President the seat of the member shall become vacant.\n\t(2)\tIf there is a vacancy in the office of the President of the Legislative Council, or if the President is absent from the State or incapacitated from performing the duties of office the resignation may be delivered to the Governor, and when so delivered, shall have the same effect as if delivered to the President.\n17—Vacation of seat in Council\n\t(1)\tIf any member of the Legislative Council—\n\t(a)\twithout permission of the Council fails for twelve sitting days consecutively of any session of the Council to attend therein; or\n\t(ab)\tis not or ceases to be an Australian citizen; or\n\t(b)\ttakes any oath or makes any declaration or act of acknowledgment or allegiance to any foreign prince or power; or\n\t(c)\tdoes, concurs in, or adopts any act whereby the member may become a subject or citizen of any foreign state or power; or\n\t(d)\tbecomes bankrupt; or\n\t(e)\ttakes the benefit of any law relating to insolvent debtors; or\n\t(f)\tbecomes a public defaulter; or\n\t(g)\tis attainted of treason; or\n\t(h)\tis convicted of an indictable offence; or\n\t(i)\tbecomes of insane mind,\nthe member's seat in the Council shall thereby become vacant.\n\t(2)\tThe seat of a member of the Legislative Council is not vacated because the member acquires or uses a foreign passport or travel document.\n19—Legislative Council district\nThe whole of the State constitutes a single Legislative Council electoral district.\n23—Election of President of Legislative Council\n\t(1)\tThe Legislative Council shall, at its first meeting, and before proceeding to the dispatch of any other business, elect some member of the Council to be the President thereof, and as often as the place of the President becomes vacant by death, resignation, vacation of seat, or removal by a vote of the Council, the Council shall again elect some other member to be the President thereof.\n\t(2)\tThe President so elected shall preside at all meetings of the Council.\n\t(3)\tThe election of the President of the Council shall be notified to the Governor by a deputation of the Council.\n24—Absence of President\nIf the President of the Legislative Council is absent in consequence of leave of absence granted by the Council, or of illness, or other unavoidable cause, the Council may choose some other member of the Council to fill temporarily the office and perform the duties of the President during his or her absence.\n25—Continuance of President in office after dissolution or retirement\n\t(1)\tIf the President of the Legislative Council vacates his or her seat by periodical retirement, or by reason of the dissolution of the Council, he or she shall nevertheless be and be deemed to be, the President of the Council until the next meeting of Parliament, unless he or she is not re-elected a member of the Council.\n\t(2)\tThis section shall not enable any person continued in the office of President by this section to preside at any meeting of the Legislative Council.\n26—Quorum of Council\n\t(1)\tThe Legislative Council shall not be competent to proceed with the dispatch of business unless there are present, including the President, or the person chosen to preside in the President's absence, at least ten members of the Council.\n\t(2)\tAll questions which arise shall be decided by a majority of the votes of those members of the Council who are present exclusive of the President, or the person chosen as aforesaid, who shall be allowed a casting vote.\n\t(3)\tWhere a question arises with respect to the passing of the second or third reading of any Bill, and in relation to that question the President, or person chosen as aforesaid, has not exercised a casting vote, the President, or person chosen as aforesaid, may indicate concurrence or nonconcurrence in the passing of the second or third reading of that Bill.\nDivision 3—House of Assembly\n27—Number of members of House of Assembly\nThe House of Assembly shall consist of forty-seven members elected by the inhabitants of the State legally qualified to vote.\n28—Term of House of Assembly\n\t(1)\tSubject to this section, a general election of members of the House of Assembly must be held on the third Saturday in March in the fourth calendar year after the calendar year in which the last general election was held.\n\t(2)\tThe Governor must, where a general election is to be held on a day fixed under this section, dissolve the House of Assembly and issue a writ or writs for the election at a time prior to the election that is in accordance with the requirements of the Electoral Act 1985 for the issue of writs.\n\t(3)\tBefore the issue of a writ or writs for a general election under this section, the Governor may, where—\n\t(a)\tthe day fixed under this section for the election is the Saturday immediately following Good Friday; or\n\t(b)\ta general election of members of the Commonwealth House of Representatives is to be held in the same month as the election; or\n\t(c)\tit is reasonably necessary in order to meet a difficulty in the conduct of the election arising from a State disaster that has occurred, is occurring or is about to occur,\ndefer the day of the election, by notice published in a newspaper circulating generally throughout the State, to a Saturday not more than 21 days after the day otherwise fixed under this section.\n\t(4)\tA day to which a general election is deferred in accordance with subsection (3) will be taken to be a day fixed under this section for the general election.\n\t(5)\tAfter the issue of a writ or writs for a general election under this section, the day of the election may be deferred in accordance with the provisions of the Electoral Act 1985.\n\t(6)\tIn this section—\nState disaster means any occurrence (including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities directed by an enemy against Australia and accident) that—\n\t(a)\tcauses or threatens to cause, within the State, loss of life or injury to persons or animals or damage to property; and\n\t(b)\tis of such a nature or magnitude that extraordinary measures are required in order to protect human or animal life or property.\n28A—Early dissolution of House of Assembly\n\t(1)\tThe Governor may dissolve the House of Assembly and issue a writ or writs for a general election on a date other than that contemplated by section 28 if and only if—\n\t(a)\ta motion of no confidence in the government is passed in the House of Assembly; or\n\t(b)\ta motion of confidence in the government is defeated in the House of Assembly; or\n\t(c)\ta Bill of special importance passed by the House of Assembly is rejected by the Legislative Council; or\n\t(d)\tthe Governor is acting in pursuance of section 41.\n\t(2)\tThe Governor shall not dissolve the House of Assembly under subsection (1)(c) on the ground of the rejection by the Legislative Council of a Bill of special importance passed by the House of Assembly if more than 1 month has elapsed since the rejection of the Bill by the Legislative Council.\n\t(3)\tWhere a Bill of special importance is passed by the House of Assembly, the Speaker shall certify in the message transmitting the Bill to the Legislative Council that the Bill is such a Bill and that certification shall be conclusive for all purposes and may not be questioned.\n\t(4)\tFor the purposes of this section, a Bill of special importance shall be deemed to have been rejected by the Legislative Council if—\n\t(a)\tthe Bill is defeated on a vote taken in the Legislative Council;\n\t(b)\tthe Bill has not been passed by the Legislative Council at the expiration of 2 months from the date of the transmission of the Bill to the Legislative Council;\n\t(c)\tthe Bill is passed by the Legislative Council with an amendment or suggested amendment to which the House of Assembly disagrees and the differences between the Houses are not resolved within 1 month after the passing of the Bill by the Legislative Council.\n\t(5)\tIn this section—\nBill of special importance means a Bill declared by resolution of the House of Assembly, passed before, or immediately after, the third reading of the Bill in the House of Assembly, to be a Bill of special importance.\n30—Resignation of seats in the Assembly\n\t(1)\tAny member of the House of Assembly may resign his or her seat in the House by writing under his or her hand, addressed to the Speaker of the House, and delivered to the Speaker forthwith after the signing thereof, and upon the receipt of such resignation by the Speaker, the seat of the member shall become vacant.\n\t(2)\tIf there is a vacancy in the office of Speaker or if the Speaker is absent from the State or incapacitated from performing the duties of office, the resignation may be delivered to the Governor and when so delivered shall have the same effect as if delivered to the Speaker.\n31—Vacation of seat in Assembly\n\t(1)\tIf any member of the House of Assembly—\n\t(a)\tfor twelve sitting days consecutively of any session of the House of Assembly without the permission of the House entered upon its journals fails to attend in the House; or\n\t(ab)\tis not or ceases to be an Australian citizen; or\n\t(b)\ttakes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power; or\n\t(c)\tdoes, concurs in, or adopts any act whereby the member may become a subject or citizen of any foreign state or power; or\n\t(e)\tbecomes bankrupt or an insolvent debtor within the meaning of the laws in force in the State relating to bankrupts or insolvent debtors; or\n\t(f)\tbecomes a public defaulter; or\n\t(g)\tis attainted of treason; or\n\t(h)\tis convicted of an indictable offence; or\n\t(i)\tbecomes of unsound mind,\nthe member's seat in the House of Assembly shall thereby become vacant.\n\t(2)\tThe seat of a member of the House of Assembly is not vacated because the member acquires or uses a foreign passport or travel document.\n32—Assembly districts\n\t(1)\tThe State shall be divided into House of Assembly electoral districts in accordance with the last effective electoral redistribution.\n\t(2)\tWhere the Commission has published an order dividing the State into House of Assembly electoral districts, and—\n\t(a)\tthe order has become operative; and\n\t(b)\tthe order has not been superseded by a subsequent operative order of the Commission,\nthe State shall, as from the day on which a general election of members of the House of Assembly is next held be divided into the appropriate number of House of Assembly electoral districts described in the order.\n\t(3)\tAn order of the Commission becomes operative for the purposes of this section upon the expiration of the prescribed period from the date of publication of the order.\n\t(4)\tEach electoral district shall return one member of the House of Assembly.\n\t(5)\tIn this section—\nthe appropriate number means a number equal to the number of members of the House of Assembly from time to time prescribed by section 27 of this Act;\nthe Commission means the Electoral Districts Boundaries Commission established under Part 5 of this Act;\nthe last effective electoral redistribution means the division of the State into House of Assembly electoral districts that last took effect under subsection (2);\nthe prescribed period, in relation to an order of the Commission, means—\n\t(a)\twhere no appeal has been made against the order—the period of three months from the date of publication of the order; or\n\t(b)\twhere an appeal has been made against the order—the period extending from the date of publication of the order to the date falling three months after the day on which all appeals have been finally determined.\n34—Election of Speaker\n\t(1)\tThe members of the House of Assembly shall, upon the first assembling after every general election, proceed forthwith to elect one of their number to be Speaker, and in case of that member's death, resignation, or removal by a vote of the House or in accordance with this section, the said members shall forthwith proceed to elect another of their number to be Speaker.\n\t(2)\tThe Speaker so elected shall preside at all meetings of the House of Assembly.\n\t(3)\tThe election of the Speaker shall be forthwith notified to the Governor by a deputation of the House.\n\t(4)\tA person who has been elected as Speaker must not, while occupying that office, be a member of, or actively participate in the votes and proceedings of, a registered political party, except during a relevant election period.\n\t(5)\tA member of a registered political party who is elected as Speaker (other than during a relevant election period) and who does not resign from that party by the end of the day on which they were so elected will, at the end of that day, immediately vacate the office of Speaker.\n\t(6)\tIn this section—\nregistered political party has the same meaning as in the Electoral Act 1985;\nrelevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) and ending on the day of that general election (and includes, if the Constitution (Independent Speaker) Amendment Act 2021 comes into operation during a relevant election period, the remainder of that relevant election period).\n\t(7)\tFor the avoidance of doubt, a reference in this section to the votes and proceedings of a registered political party does not include votes and proceedings of the House of Assembly or a parliamentary committee of, or including, members of the House of Assembly.\n34A—Removal of Speaker\n\t(1)\tA person holding office as Speaker will immediately vacate that office if, on a motion approved by a majority of members of the House of Assembly in accordance with this section, the House of Assembly votes to remove the Speaker.\n\t(2)\tA motion may be moved under this section by any member of the House of Assembly but will be of no effect unless—\n\t(a)\tif it is the first such motion to be moved in relation to a particular person holding office as Speaker in that Parliament—the motion is seconded by another member of the House; or\n\t(b)\tif it is the second or subsequent such motion to be moved in relation to a particular person holding office as Speaker in that Parliament—the motion is approved by a majority of members of the House.\n\t(3)\tA vote on a motion under this section must be conducted by ballot in accordance with the procedures determined by the House of Assembly in relation to the election of the Speaker.\n35—Absence of Speaker\nIf the Speaker of the House of Assembly is absent in consequence of leave of absence granted by the House, or of illness or other unavoidable cause, the House may choose some other member of the House to fill temporarily the office and perform the duties of the Speaker during his or her absence.\n36—Continuance in office of Speaker and Chairman of Committees after dissolution\n\t(1)\tIn case of any dissolution of Parliament the Speaker of the House of Assembly at the time of the dissolution shall be, and shall be deemed to be, the Speaker of the House until the first meeting of the new Parliament, unless he or she is not re-elected a member of the House; and the Chairman of Committees at the time of the dissolution shall be, and shall be deemed to be, the Chairman of Committees until the first meeting of the new Parliament, unless he or she is not re-elected a member of the House.\n\t(2)\tThis section shall not enable any person continued in the office of Speaker by this section to preside at any meeting of the House of Assembly.\n37—Quorum etc\n\t(1)\tThe House of Assembly shall not be competent to proceed with the dispatch of business unless there are present, including the Speaker or a person chosen to preside in the Speaker's absence, at least seventeen members of the House.\n\t(2)\tAll questions which arise in the House of Assembly shall be decided by the majority of votes of the members present, other than the Speaker or person aforesaid.\n\t(3)\tWhen the votes are equal the Speaker or person aforesaid shall have the casting vote.\n\t(4)\tWhere a question arises in the House of Assembly with respect to the passing of the second or third reading of any Bill and in relation to that question the Speaker, or person aforesaid has not exercised a casting vote, the Speaker or person aforesaid may indicate concurrence or nonconcurrence in the passing of the second or third reading of that Bill.\nDivision 4—Both Houses of Parliament\n38—Privileges, powers etc of Council and Assembly\nThe privileges, immunities, and powers of the Legislative Council and House of Assembly respectively, and of the committees and members thereof respectively, shall be the same as but no greater than those which on the twenty-fourth day of October, 1856, were held, enjoyed, and exercised by the House of Commons and by the committees and members thereof, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise.\n39—Privilege against legal proceedings abolished\nNo member of the Parliament shall be entitled to set up or claim any of the privileges, immunities, or powers to which the member may be entitled by virtue of the last preceding section, as against any summons, subpoena, writ, order, process, or proceeding whatsoever issued by any court of law within the said province: Provided that—\n\t(a)\tno writ of capias ad satisfaciendum shall be executed or put into effect against any such member during any session of Parliament, or within ten days prior to the meeting thereof; and\n\t(b)\tno member shall be liable to any penalty or process for non-attendance as a witness in any court when such non-attendance is occasioned by the member's attendance in the member's place in Parliament.\n40—Evidence of privileges\nAny copy of the journals of the House of Commons printed, or purporting to be printed, by the order or printer of the House of Commons shall be received as prima facie evidence, without proof of its being such copy, upon any inquiry touching the privileges, immunities, and powers of the Legislative Council or House of Assembly, or of any committee or member thereof, respectively.\n41—Settlement of deadlocks\n\t(1)\tWhenever—\n\t(a)\tany Bill has been passed by the House of Assembly during any session of Parliament; and\n\t(b)\tthe same Bill or a similar Bill with substantially the same objects and having the same title has been passed by the House of Assembly during the next ensuing Parliament; and\n\t(c)\ta general election of the House of Assembly has taken place between the two Parliaments; and\n\t(d)\tthe second and third readings of the Bill were passed in the second instance by an absolute majority of the whole number of members of the House of Assembly; and\n\t(e)\tboth such Bills have been rejected by the Legislative Council or failed to become law in consequence of any amendments made therein by the Legislative Council,\nit shall be lawful for but not obligatory upon the Governor within six months after the last rejection or failure—\n\t(f)\tto dissolve the Legislative Council and House of Assembly by proclamation to be published in the Gazette; or\n\t(g)\tto issue writs for the election of two additional members for each Council district.\n\t(2)\tIf the Legislative Council and House of Assembly are so dissolved—\n\t(a)\tall the members of both Houses of Parliament shall thereupon vacate their seats and members shall be elected to supply the vacancies so created; and\n\t(b)\tthe order of retirement as between members of the Legislative Council elected after such dissolution shall be as provided in section 15 of this Act and one-half of such members shall retire after three years' service calculated from the first day of March of the year of their election or after such further period as is provided for in section 14.\n\t(3)\tIf writs for the election of additional members of the Council are issued, after the issue of such writs no vacancy whether arising before or after the issue thereof shall be filled except as may be necessary to bring the representation of the district in which the vacancy occurs to its proper number as set forth in Schedule 2 of this Act. Whenever there are more seats vacated by members returned for the same district than there are seats to be filled and such members' seats were of unequal tenure the seats of those members the unexpired portions of whose terms are the shorter shall be first filled.\n42—Oath of allegiance\n\t(1)\tNo member of Parliament, elected a member of Parliament on or after the commencement of the Constitution Act Amendment Act 1972, shall be permitted to sit or vote therein until the member has taken and subscribed the following oath before the Governor, or before some person or persons authorised by the Governor to administer such oath:\n\"I,                     , do swear that I will be faithful and bear true allegiance to [insert title of the Sovereign, His/Her] Heirs and Successors, according to law. SO HELP ME GOD!\".\n\t(2)\tIt shall not be necessary for any member of Parliament who has taken the oath prescribed herein to take the said oath again in the event of the demise of the Crown; such oath shall be deemed to relate to the Sovereign and the Sovereign's heirs and successors according to law.\n\t(3)\tNothing in this section shall be deemed to affect the operation of the Oaths Act 1936, as amended, which entitles any person to make an affirmation in lieu of taking any oath required by this Act.\n\t(4)\tIn the case of a member of Parliament elected before the commencement of the Constitution Act Amendment Act 1972, section 42 of the Constitution Act 1934, as in force immediately before that commencement, shall, during so much of the term of office for which that member was elected as occurs after that commencement, apply in respect of that member as if the Constitution Act Amendment Act 1972 had not been enacted.\n43—Determination of questions of vacancy\nWhenever any question arises respecting any vacancy in either House of Parliament it shall be heard and determined by the House in which the vacancy occurred.\n43A—Disqualification of members occupying seats in both Houses\n\t(1)\tNo member of the Legislative Council shall be capable of being nominated as a candidate for election as a member of the House of Assembly.\n\t(2)\tNo member of the House of Assembly shall be capable of being chosen by an assembly of the members of both Houses of Parliament to supply a casual vacancy in the membership of the Legislative Council.\n44—Disqualification of Judges\nNo Judge of any court of the State shall be capable of being elected a member of the Parliament.\n45—Disqualification of members holding offices of profit\n\t(1)\tIf any member of the Parliament accepts any office of profit or pension from the Crown, during pleasure, excepting those offices which are required by or under this Act or any other Act to be held by members of Parliament, the member's seat shall be thereupon and is hereby declared to be vacant.\n\t(1a)\tSubsection (1) does not prevent a member of Parliament from accepting office as a Minister of the Crown or as a Parliamentary Secretary to a Minister, or a Minister of the Crown from accepting an appointment to act in the office of another Minister.\n\t(2)\tIf a candidate for election as a member of Parliament holds an office of profit from the Crown the candidate shall, unless he or she resigns that office before the date of the declaration of poll, be incapable of being elected.\n46—Effect of election of disqualified person\n\t(1)\tIf any person by this Act disabled from or declared to be incapable of voting or sitting in Parliament is, nevertheless, elected and returned as a member to serve in Parliament for any electoral district, the person's election and return shall be void to all intents and purposes whatsoever.\n\t(2)\tIf any person so elected and returned, contrary to the provisions of this Act, sits or votes as an elected member of Parliament the person shall forfeit the sum of one thousand dollars to be recovered by any person who sues for it in the Supreme Court or in any other court of record in the State having competent jurisdiction.\n46A—Crown pensioners qualified for election\nNotwithstanding any other provision of this Act a person who has been in the employment of the Crown and has retired from that employment, and has by virtue of that employment become entitled to a pension wholly or partly paid by the Crown, shall not, by reason only of the receipt of that pension—\n\t(a)\tbe disabled from or incapable of being elected as a member of the Parliament or of sitting and voting therein; or\n\t(b)\tbe liable to any forfeiture, fine, or other disability for so sitting and voting.\n47—Prevention of membership of both Commonwealth and State Parliaments\n\t(1)\tNo member of either House of the Parliament of the Commonwealth shall be a member of either House of the Parliament of the State.\n\t(2)\tIf any member of either House of the Parliament of the State is elected a member of either House of the Parliament of the Commonwealth the member shall vacate his or her seat in the Parliament of the State on taking his or her seat in the Parliament of the Commonwealth.\n48—Franchise for women\nWomen shall possess and may exercise the right to vote at parliamentary elections subject to the same qualifications and in the same manner as men.\n48A—Non-disqualification of women as members\nA woman shall not be disqualified by sex or marriage for being elected to, or sitting or voting as a member of, either House of the Parliament.\n54A—Provisions as to members of Parliamentary committees and royal commissions\n\t(1)\tNotwithstanding any other provision of this Act, the seat of a member of Parliament shall not be or become vacant and a member of Parliament shall not be liable to any forfeiture, fine, or other disability by reason only of the fact that—\n\t(a)\tthe member accepts or holds office as the chairman or a member of any committee appointed by either House of Parliament or by both Houses of Parliament, or of any royal commission;\n\t(b)\tas such chairman or member, the member receives or is entitled to receive any salary, fees, allowances or other emoluments.\n\t(2)\tThe election of any person as a member of Parliament shall not be affected by reason only of the fact that the person holds any such office or receives or is entitled to receive any such salary, fees or other emoluments.\n55—Standing rules and orders\n\t(1)\tThe Legislative Council and House of Assembly from time to time as there shall be occasion, shall prepare and adopt such Standing Rules and Orders as appear to the Council and Assembly respectively best adapted for—\n\t(a)\tthe orderly conduct of the Council and Assembly respectively;\n\t(b)\tthe regulation of the proceedings thereof and the dispatch of business therein;\n\t(c)\tthe manner in which the Council and Assembly shall be presided over in case of the absence of the President or Speaker;\n\t(d)\tthe mode in which the Council and Assembly shall confer, correspond, and communicate with each other relative to votes or Bills passed by or pending in the Council and Assembly respectively;\n\t(e)\tthe proper passing, intituling, and numbering of the Bills to be introduced into and passed by the Council and Assembly;\n\t(f)\tthe proper presentation of the same to the Governor for the time being, for assent.\n\t(2)\tAll such rules and orders shall, by the Council and Assembly respectively, be laid before the Governor, and, being approved by the Governor, shall become binding and of force.\n56—Governor's Message\nIt shall be lawful for the Governor to transmit, by message, to the Council or Assembly, for their consideration, any amendment which the Governor desires to be made in any Bill presented to the Governor for assent, and all such amendments shall be taken into consideration, in such convenient manner, as is provided in that behalf by the standing rules and orders.\n57—Restoration of lapsed Bills\n\t(1)\tWhen any Bill has passed its second reading in either House of Parliament, but has not been finally disposed of at the close of the session, the Bill shall not necessarily lapse by prorogation, but may, in the next session of the same Parliament, be restored to the stage reached in the previous session, and thereinafter proceeded with as if no prorogation had intervened.\n\t(2)\tThe restoration provided for in this section shall be effected by carrying a motion that the Bill be restored to the notice paper; and every such motion shall be put to the vote without debate, unless otherwise provided by the standing orders of the House in which the motion is made.\n58—Provision as to President, Speaker, and officers\n\t(1)\tThe salary of the President of the Legislative Council shall be at least equal to the salary of the Speaker of the House of Assembly; and the salaries and allowances of the officers of the Legislative Council shall be the same as those of the corresponding officers of the House of Assembly.\n\t(2)\tThe Chief Clerk for the time being of the Legislative Council, and of the House of Assembly shall respectively be removable from office only in accordance with a vote of the House of which he or she is an officer.\n59—Governor's recommendation for money votes\nIt shall not be lawful for either House of the Parliament to pass any vote, resolution, or Bill for the appropriation of any part of the Revenue, or of any tax, rate, duty, or impost, for any purpose which has not been first recommended by the Governor to the House of Assembly during the session in which such vote, resolution, or Bill is passed.\nDivision 5—Money Bills\n60—Interpretation of sections 60–63\n\t(1)\tIn this Division, the expressions \"revenue\", \"public money\", \"taxation\", and \"loan\" respectively do not include any revenue, money, taxation, or loan raised by local authorities or bodies for local purposes.\n\t(2)\tFor the purposes of this Division a Bill, or a clause of a Bill, shall not be taken to appropriate revenue or public money, or to deal with taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences or fees for services under the proposed Act.\n\t(3)\tFor the purposes of this Division, a Bill, or a clause of a Bill, shall be taken to deal with taxation if it provides for the imposition, repeal, remission, alteration, or regulation of taxation.\n\t(4)\tIn this Division—\nappropriation Bill means a Bill for appropriating revenue or other public money;\nmoney Bill means a Bill for appropriating revenue or other public money, or for dealing with taxation, or for raising or guaranteeing any loan, or for providing for the repayment of any loan;\nmoney clause means a clause of a Bill, which clause appropriates revenue or other public money, or deals with taxation, or provides for raising or guaranteeing any loan or for the repayment of any loan;\npreviously authorised purpose means—\n\t(a)\ta purpose which has been previously authorised by Act of Parliament or by resolution passed by both Houses of Parliament; or\n\t(b)\ta purpose for which any provision has been made in the votes of the Committee of Supply whereon an appropriation Bill previously passed was founded.\n61—Origin of money Bills and money clauses\nA money Bill, or a money clause, shall originate only in the House of Assembly.\n62—Power of Council as to money clauses\n\t(1)\tThe Legislative Council may not amend any money clause.\n\t(2)\tSubject to subsection (3) of this section, the Council may return to the House of Assembly any Bill containing a money clause with a suggestion to omit or amend such clause or to insert additional money clauses, or may send to the Assembly a Bill containing suggested money clauses requesting, by message, that effect be given to the suggestion; and the Assembly may, if it thinks fit, make any omission or amendment, or insertion so suggested, with or without modifications.\n\t(3)\tSubsection (2) of this section applies to a money clause contained in an appropriation Bill only when such clause contains some provision appropriating revenue or other public money for some purpose other than a previously authorised purpose or dealing with some matter other than the appropriation of revenue or other public money.\n\t(4)\tWhen, under subsection (2) of this section, the Council sends to the Assembly a Bill containing suggested money clauses, such clauses shall be printed in erased type, and shall not be deemed to form part of the Bill.\n63—Restriction on contents of ordinary appropriation Bill\nA Bill for appropriating revenue or other public money for any previously authorised purpose shall not contain any provision appropriating revenue or other public money for any purpose other than a previously authorised purpose.\n64—Validity of Acts assented to\nNo infringement or non-observance of any provision of this Division shall be held to affect the validity of any Act assented to by the Governor.\nPart 2A—Local government\n64A—Constitutional guarantee of continuance of local government in this State\n\t(1)\tThere shall continue to be a system of local government in this State under which elected local governing bodies are constituted with such powers as the Parliament considers necessary for the better government of those areas of the State that are from time to time subject to that system of local government.\n\t(2)\tThe manner in which local governing bodies are constituted, and the nature and extent of their powers, functions, duties and responsibilities shall be determined by or under Acts of the Parliament from time to time in force.\n\t(3)\tNo Bill by virtue of which this State would cease to have a system of local government that conforms with subsection (1) of this section shall be presented to the Governor for assent unless the Bill has been passed by an absolute majority of the members of each House of Parliament.\nPart 3—The executive\n65—Number of Ministers of the Crown\n\t(1)\tThe number of Ministers of the Crown shall not exceed fifteen.\n\t(2)\tThe Ministers of the Crown shall respectively bear such titles and fill such ministerial offices as the Governor from time to time appoints.\n66—Ministerial offices\n\t(1)\tNo person shall hold office as a Minister of the Crown for more than three calendar months unless the person is a member of Parliament.\n\t(2)\tEvery Minister of the Crown is, ex officio, a member of the Executive Council.\n67—Appointment of acting Ministers\n\t(1)\tThe Governor may appoint a Minister to act in the office of another Minister.\n\t(2)\tAn appointment under subsection (1) may authorise the appointee to act for—\n\t(a)\ta specified period; or\n\t(b)\ta period terminating on the occurrence of a specified event,\n(being a period for which the holder of the office is expected to be unavailable to carry out official duties).\n\t(3)\tA Minister has, while acting in the office of another Minister in pursuance of an appointment under this section, all the powers, functions and duties of that other Minister.\n\t(4)\tNotice of an appointment under this section shall be published in the Gazette.\n\t(5)\tIf, in any legal proceedings, it appears that a Minister has acted in the office of another Minister, the Minister shall be deemed, in the absence of proof to the contrary, to have acted in pursuance of an appointment under this section.\n67A—Parliamentary Secretaries\n\t(1)\tThe Governor may appoint—\n\t(a)\ta member of Parliament as Parliamentary Secretary to the Premier;\n\t(b)\ta member of Parliament as Parliamentary Secretary to a Minister (including the Premier in his or her capacity as another Minister).\n\t(2)\tThe number of Parliamentary Secretaries must not exceed two.\n68—Appointment of officers\nThe appointment to all public offices under the Government of the State, whether such offices be salaried or not, shall be vested in the Governor, with the advice and consent of the Executive Council, except the appointment of the officers required by this Act to be members of Parliament, the appointment and dismissal of which officers shall be vested in the Governor alone: Provided that this section shall not extend to minor appointments, which by statute or by order of the Governor in Council are vested in Heads of Departments, or other officers or persons within the State.\n69—Powers of Governor's Deputy\n\t(1)\tDuring the temporary absence of the Governor from the seat of Government or from the State or during the 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 Letters Patent, shall and may be exercised, performed, and executed by the person appointed by the Governor to be the Governor's Deputy during such absence or illness, subject, nevertheless, to anything expressed in the instrument appointing such Deputy.\n\t(2)\tIn this and the next succeeding section—\nthe Letters Patent means the Letters Patent passed under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the twenty-ninth day of October, 1900, whereby permanent provision was made for the office of Governor in and for the State of South Australia and its dependencies in the Commonwealth of Australia.\n70—Power of deputy of Lieutenant-Governor or Administrator\nDuring such time as the powers and authorities granted to the Governor by the Letters Patent are vested in the Lieutenant-Governor, or any other person who is appointed to administer the Government of the State, the provisions of the preceding section shall apply to the person appointed to be the Deputy of the Lieutenant-Governor, or of the person appointed to administer the Government as aforesaid, during his or her temporary absence from the seat of Government or from the State or during his or her illness, subject nevertheless to anything expressed in the instrument appointing such Deputy.\n71—Signature of certain orders etc\nNo officer of the Government shall be bound to obey any order of the Governor involving any expenditure of public money, nor shall any appointment to or dismissal from office be valid, except as provided in this Act, unless the order, appointment, or dismissal is signed by the Governor.\n71A—Validation of certain warrants etc\n\t(1)\tWhere, by virtue of the applicable provision, any warrant for the payment of public money or any appointment to or dismissal from office would, but for this section, have been invalid then that warrant, appointment or dismissal, as the case may be, shall be and shall be deemed always to have been valid.\n\t(2)\tIn this section—\nthe applicable provision—\n\t(a)\tin relation to a warrant, appointment or dismissal, as the case may be, issued or made on or after the twenty-fourth day of October, 1856, and before the commencement of this Act, means section 33 of Act No. 2 of 1855–6 intituled An Act to establish a Constitution for South Australia, and to grant a Civil List to Her Majesty; and\n\t(b)\tin relation to a warrant, appointment or dismissal, as the case may be, issued or made on or after the commencement of this Act and before the commencement of the Constitution Act Amendment Act 1978, means section 71 of this Act as in force before the commencement of that Act;\nWarrant, appointment or dismissal includes a purported warrant, appointment or dismissal.\n73—Governor's salary\n\t(1)\tThe Governor is entitled to a salary at a rate determined by the Remuneration Tribunal in relation to the office of Governor.\n\t(2)\tRemuneration is not payable under this section to the Governor for any period for which he or she is entitled to remuneration from the Commonwealth in respect of his or her administration of the Government of the Commonwealth.\n\t(3)\tA rate of salary determined under this section cannot be reduced by subsequent determination of the Remuneration Tribunal.\n73A—Costs associated with Governor's official duties\nThe Treasurer is to pay the costs reasonably incurred by the Governor (or anyone acting in the office of the Governor) in carrying out, or for the purpose of carrying out, official duties.\n73B—Appropriation\nThis Act is (without further appropriation) sufficient authority for the payment, out of the Consolidated Account, of the Governor's salary referred to in section 73 and the costs referred to in section 73A.\nPart 4—The judiciary\n74—Tenure of office of Judges\nThe Commissions of all Judges of the Supreme Court shall be and remain in full force until their retirement according to law or their removal under section 75.\n75—Removal from office of Judges\nIt shall be lawful for the Governor to remove any Judge of the Supreme Court upon the address of both Houses of the Parliament.\n75A—Operation of Part\nNothing in this Part affects the operation of the Judicial Conduct Commissioner Act 2015.\nPart 5—Electoral redistribution\nDivision 1—Preliminary\n76—Definitions\n\t(1)\tIn this Part, unless the contrary intention appears—\nthe Chief Justice means the Chief Justice of the Supreme Court and includes any other judge of the Supreme Court who is acting in the office of Chief Justice;\nthe Commission means the Electoral Districts Boundaries Commission established under this Part;\nelector means a person whose name appears as an elector on the electoral roll for an electoral district;\nthe Electoral Commissioner means the person holding, or acting in, the office of the Electoral Commissioner under the Electoral Act 1929, as amended;\nelectoral district means an electoral district of the House of Assembly;\nelectoral redistribution means a division of the State into electoral districts;\norder means an order of the Commission made under this Part;\npolling day means a day on which a general election of members of the House of Assembly is held;\nthe Surveyor-General means the person holding, or acting in, the office of the Surveyor-General.\n77—Basis of redistribution\n\t(1)\tWhenever an electoral redistribution is made, the redistribution shall be made upon the principle that the number of electors comprised in each electoral district must not (as at the relevant date) vary from the electoral quota by more than the permissible tolerance.\n\t(2)\tIn this section—\nelectoral quota means the nearest integral number obtained by dividing the total number of electors for the House of Assembly (as at the relevant date) by the number of electoral districts into which the State is to be divided as at the first polling day for which the order is to be effective;\npermissible tolerance means a tolerance of ten per centum;\nthe relevant date means a date specified in an order as the relevant date, being a date falling not earlier than six months before the date of the order.\nDivision 2—Electoral Districts Boundaries Commission\n78—The Commission\n\t(1)\tThere shall be a Commission by the name of the Electoral Districts Boundaries Commission constituted of the following members:\n\t(a)\tthe Chairman of the Commission who shall be a Judge of the Supreme Court appointed by the Chief Justice to be Chairman of the Commission; and\n\t(b)\tthe Electoral Commissioner or a person appointed pursuant to subsection (3) of this section; and\n\t(c)\tthe Surveyor-General or a person appointed pursuant to subsection (4) of this section.\n\t(2)\tThe Judge appointed by the Chief Justice under subsection (1) of this section should be the most senior puisne Judge who is available to undertake the duties of Chairman of the Commission.\n\t(3)\tIf there is no Electoral Commissioner, or the Electoral Commissioner is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient, a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, electoral matters.\n\t(4)\tIf there is no Surveyor-General, or the Surveyor-General is for any reason unable to act as a member of the Commission, then, subject to subsection (5) of this section, the Chief Justice shall appoint as a member of the Commission, for such term as the Chief Justice considers expedient a person who, in the opinion of the Chief Justice, has wide knowledge of, and experience in, surveying.\n\t(5)\tWhere the Chairman is for the time being acting in the office of the Chief Justice any appointment to the Commission under subsection (3) or subsection (4) of this section shall be made by the puisne judge next in order of seniority after the Chairman.\n\t(6)\tA member appointed under subsection (3) or subsection (4) of this section, may by instrument in writing addressed to the Governor resign the member's office.\n\t(7)\tThe members of the Commission (other than the Chairman) are entitled to remuneration determined by the Remuneration Tribunal.\n79—Incorporation of the Commission\n\t(1)\tThe Commission—\n\t(a)\tshall be a body corporate with perpetual succession and a common seal; and\n\t(b)\tshall be capable, in its corporate name of acquiring, holding and disposing of real and personal property; and\n\t(c)\tshall be capable of acquiring or incurring any other legal rights or liabilities, and of suing and being sued; and\n\t(d)\tshall hold its property on behalf of the Crown.\n\t(2)\tWhere an apparently genuine document purports to bear the common seal of the Commission, it shall be presumed, in the absence of proof to the contrary, that the common seal of the Commission was duly affixed to that document.\n80—Procedure etc at meetings\n\t(1)\tAt every meeting of the Commission the Chairman of the Commission shall preside.\n\t(2)\tThe Chairman of the Commission and one other member shall constitute a quorum of the Commission for the transaction of business.\n\t(3)\tAt a meeting of the Commission a decision concurred in by the Chairman of the Commission and by at least one other member shall be a decision of the Commission.\n\t(4)\tNo proceedings of the Commission are invalid by reason only of the fact that, at the time of the proceedings, there was a vacancy in the membership of the Commission.\n\t(5)\tNo proceedings of the Commission are invalid by reason only of the fact that, during the course of the proceedings, there was a change in the membership of the Commission.\n81—Staff\n\t(1)\tThe Commission may appoint a person to be secretary to the Commission.\n\t(2)\tThe Commission may appoint other persons to the staff of the Commission.\n\t(3)\tAn office within the staff of the Commission may be held in conjunction with an office in the public service of the State.\n\t(4)\tA member of the staff of the Commission may receive such remuneration, if any, as may be determined by the Commission.\n82—Electoral redistributions\n\t(1)\tThe Commission shall, whenever required to do so under subsection (2) of this section, make an electoral redistribution.\n\t(2)\tThe Commission is required to commence proceedings for the purpose of making an electoral redistribution—\n\t(a)\twithin three months after the commencement of the Constitution (Electoral Redistribution) Amendment Act 1991;\n\t(b)\tas soon as practicable after the enactment of an Act that alters presently or prospectively the number of members of the House of Assembly;\n\t(c)\twithin 24 months after each polling day.\n\t(3)\tAfter commencing proceedings for the purpose of making an electoral redistribution, the Commission shall proceed with all due diligence to complete those proceedings.\n\t(4)\tAn electoral redistribution under this section shall be effected by order of the Commission.\n\t(5)\tExcept where discontinuous or separate boundaries are necessary for the purpose of including an island within an electoral district, the boundaries of an electoral district shall, in any electoral redistribution made by the Commission, form an unbroken line.\n83—Criteria\n\t(2)\tIn making an electoral redistribution, the Commission must have regard, as far as practicable, to—\n\t(a)\tthe desirability of making the electoral redistribution so as to reflect communities of interest of an economic, social, regional or other kind;\n\t(b)\tthe population of each proposed electoral district;\n\t(c)\tthe topography of areas within which new electoral boundaries will be drawn;\n\t(d)\tthe feasibility of communication between electors affected by the redistribution and their parliamentary representative in the House of Assembly;\n\t(e)\tthe nature of substantial demographic changes that the Commission considers likely to take place in proposed electoral districts between the conclusion of its present proceedings and the date of the expiry of the present term of the House of Assembly,\nand may have regard to any other matters it thinks relevant.\n83A—Review\n\t(1)\tThe Premier must undertake a review of the operation of section 83.\n\t(2)\tThe review required under this section must commence not later than 12 months after the general election of members of the House of Assembly next occurring after the commencement of this section.\n\t(3)\tThe Premier must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.\n84—Application of Royal Commissions Act\nThe Royal Commissions Act 1917 shall, so far as its provisions are applicable, apply to and in relation to the Commission, the secretary to the Commission, the members of the Commission and the proceedings of or conducted before the Commission as if—\n\t(a)\tthe Commission were a commission to whom a commission of inquiry had been issued by the Governor under his or her hand and the public seal of the State; and\n\t(b)\tthe Chairman of the Commission and each other member were the chairman and a member respectively of such a commission; and\n\t(c)\tthe secretary to the Commission were the secretary to such a commission.\n85—Representations to the Commission\n\t(1)\tBefore commencing proceedings for the purpose of making an electoral redistribution the Commission shall, by means of an advertisement published in a newspaper circulating generally throughout the State, invite representations from any person in relation to the proposed electoral redistribution and in any such advertisement a date must be specified as the date before which such representations must be made.\n\t(2)\tA person who desires to make representations to the Commission in relation to the proposed electoral redistribution may do so by instrument in writing served personally or by post upon the secretary of the Commission before the date specified in the advertisement.\n\t(3)\tThe Commission shall consider all representations made in accordance with subsection (2), and may, at its discretion, hear and consider any evidence or argument submitted to it in support of those representations by or on behalf of any person.\n\t(4)\tAfter the completion of its consideration of the matters relevant to making the electoral redistribution, the Commission must—\n\t(a)\tprepare a draft order for the electoral redistribution; and\n\t(b)\tsend a copy of that draft to each person who made a representation to the Commission under this section; and\n\t(c)\tgive notice, by means of an advertisement published in a newspaper circulating generally throughout the State, of a place or places at which copies of the draft are to be available for inspection, and if copies are to be available for purchase, of places at which copies may be purchased.\n\t(5)\tA draft will be taken to have been sent to a person under subsection (4)(b) if it is posted to the person at his or her last address known to the Commission.\n\t(6)\tThe Commission must, at the time when a draft is sent under subsection (4)(b), or a notice is given under subsection (4)(c), invite the person to whom the draft is sent, or any interested member of the public (as the case may be), to make any final submission in writing that he or she thinks fit within a period specified by the Commission (being not less than one month from the date that the draft is sent or the notice is given).\n\t(7)\tThe Commission must consider all submissions made in accordance with subsection (6), and may, at its discretion, hear and consider any evidence or argument relating to a submission that is submitted by or on behalf of any person who made a submission under that subsection.\n\t(8)\tThe Commission may then proceed to finalise its order.\n86—Order of the Commission\n\t(1)\tThe Commission shall cause an order making an electoral redistribution to be published in the Gazette.\n\t(1a)\tThe order published in the Gazette under subsection (1) must include a statement of the right of any elector or registered political party to appeal against the order within 1 month of its publication.\n\t(2)\tWithin one month of the publication of an order, any elector or a registered officer on behalf of a registered political party may, in the manner prescribed by Rules of Court, appeal to the Court of Appeal against that order, on the ground that the order has not been duly made in accordance with this Act.\n\t(3)\tThe Commission shall be the respondent to any appeal under this section.\n\t(4)\tWhere an appeal has been instituted under this section, the order shall not take effect until the appeal has been disposed of.\n\t(5)\tWhere more than one appeal is instituted against the same order, every such appeal may be dealt with in the same proceedings.\n\t(5a)\tIf an appeal is instituted under this section, the notice of appeal must be—\n\t(a)\tnotified in the Gazette by the Commission; and\n\t(b)\tpublished on a website determined by the Commission; and\n\t(c)\tsent by the Commission to each person who made a representation to the Commission under section 85.\n\t(5b)\tThe notification under subsection (5a)(a) must include a statement setting out the rights of any person having an interest in the proceedings to apply to be joined as a party to the proceedings.\n\t(6)\tIn any appeal under this section, any person having an interest in the proceedings may, upon application to the Court, be joined as a party to the proceedings.\n\t(7)\tOn the hearing of an appeal under this section the Court of Appeal may—\n\t(a)\tquash the order and direct the Commission to make a fresh electoral redistribution; or\n\t(b)\tvary the order; or\n\t(c)\tdismiss the appeal,\nand may make any ancillary order as to costs or any other matter that it thinks expedient.\n\t(8)\tThe validity of an order of the Commission shall not be called in question except in an appeal under this section.\n\t(9)\tAn appeal against an order of the Commission shall be set down for hearing by the Court of Appeal as soon as practicable after the expiration of one month from the date of the order, and the appeal shall be heard and determined by the Court of Appeal as a matter of urgency.\n\t(10)\tIn this section—\nregistered officer and registered political party have the same respective meanings as in the Electoral Act 1985.\n87—Moneys required for the purposes of the Commission\nThe moneys reasonably required for the purposes of the Commission shall be payable, on the certificate of the Auditor-General, out of the General Revenue of the State, which is hereby to the necessary extent appropriated accordingly.\nDivision 3—Entrenchment of this Part\n88—Special provisions as to referendum\n\t(1)\tExcept as provided in this section, no provision of section 32 of this Act or of this Part shall be repealed, suspended or amended.\n\t(2)\tA Bill providing for or effecting the repeal, suspension, or amendment of any provision of section 32 of this Act or of this Part shall not be presented to the Governor for assent unless—\n\t(a)\tthe Bill does not provide for, or effect, the repeal, suspension or amendment of a provision of this section and the Bill does not:\n\t(i)\toffend against the principle that the State is to be divided into electoral districts each returning the same number (whether that number be one or more than one) of members to the House of Assembly; or\n\t(ii)\toffend against the principle expressed in section 77 of this Act by which the number of electors to be comprised in each electoral district upon an electoral redistribution is to be ascertained; or\n\t(iii)\taffect the frequency with which electoral redistributions are to be made; or\n\t(iv)\toffend against the principle that an electoral redistribution is to be made by a Commission that is independent of political influence or control; or\n\t(b)\tthe Bill has been approved by the electors in accordance with this section.\n\t(3)\tWhere it is necessary for a Bill to be approved by the electors in accordance with this section, the Bill shall, on a day appointed by proclamation (being a day that falls not earlier than two months after the day on which the Bill is passed by Parliament) be submitted to a referendum of the electors for the House of Assembly.\n\t(4)\tIf the majority of the persons voting at the referendum approve of the Bill it shall be presented to the Governor for assent.\n\t(5)\tAny person entitled to vote at a general election of members of the House of Assembly shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section.\nPart 6—Miscellaneous\n89—Demise of the Crown\nThe demise of the Sovereign—\n\t(a)\thas the effect of transferring all the functions, duties, powers, authorities, rights, privileges and dignities belonging to the Crown to the Sovereign's successor; but\n\t(b)\thas no other effect in law for any purpose.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Constitution Act 1934 repealed the following:\nThe Constitution Act (No. 2 of 1855)\nAn Act to prevent public contractors being returned to or sitting or voting in Parliament (No. 19 of 1869)\nAn Act to repeal The Parliamentary Privilege Act and to make other provisions in lieu thereof (No. 14 of 1872)\nThe Constitution Amendment Act 1873\nAn Act to enable His Excellency the Governor to appoint Acting Ministers of the Crown in certain cases (No. 16 of 1873)\nAn Act to increase the salaries of the Judges of the Supreme Court and of certain officers of the civil service, of the province of South Australia (No. 28 of 1873)\nAn Act to amend an Act No. 14 of 1872, intituled \"An Act to repeal the Parliamentary Privilege Act, and to make other provisions in lieu thereof\" (No. 430 of 1888)\nAn Act to amend the Civil List (No. 453 of 1889)\nAn Act to alter the boundaries of certain Electoral Districts and Divisions, and for other purposes (No. 462 of 1889)\nThe Officers of Parliament Act (No. 496 of 1890)\nThe Lapsed Bills Continuance Act (No. 579 of 1893)\nAn Act to alter the boundaries of the Electoral Districts and Divisions of Albert and Onkaparinga (No. 581 of 1893)\nThe Constitution Amendment Act 1894\nAn Act to alter the boundaries of the Electoral Districts and Divisions of Burra and Stanley (No. 636 of 1895)\nAn Act to alter the boundaries of the Electoral Districts and Divisions of Gumeracha and Albert (No. 637 of 1895)\nThe Constitution Amendment Act 1899\nAn Act to amend \"The Constitution Amendment Act 1899\" (No. 790 of 1902)\nThe Constitution Amendment Act 1908\nThe Constitution Amendment Act 1910\nThe Governor's Appropriation Act 1911\nThe Deputy Governor's Powers Act 1910\nThe Governor's Appropriation Act Amendment Act 1912\nThe Constitution Further Amendment Act 1913\nThe Governor's Appropriation Act Further Amendment Act 1914\nGovernor's Appropriation Act Further Amendment Act 1915\nConstitution Amendment (War Service Franchise) Act 1918\nConstitution Amendment (Ministers Salaries) Act 1921\nGovernor's Salary Act 1922\nConstitution (Quinquennial Parliament) Act 1933\nLegislation amended by principal Act\nThe Constitution Act 1934 amended the following:\nThe Electoral Laws Amendment Act 1904\nElectoral Code Further Amendment Act 1920\nElectoral Act 1929\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1934\n2151\n Constitution Act 1934\n18.10.1934\n1.1.1935 (Gazette 20.12.1934 p1217)\n1935\n2246\n Statute Law Revision Act 1935\n19.12.1935\n19.12.1935\n1936\n2336\n Constitution Act Amendment Act 1936\n25.3.1937\n25.3.1937\n1937\n2381\n Constitution Act Amendment Act 1937\n30.3.1938\n30.3.1938\n1939\n48\n Constitution Act Amendment Act 1939\n28.3.1940\n28.3.1940\n1939\n49\n Constitution Act Amendment Act (No. 2) 1939\n28.3.1940\n28.3.1940\n1940\n31\n Constitution Act Amendment Act 1940\n21.11.1940\n21.11.1940\n1942\n8\n Constitution Act Amendment Act 1942\n22.10.1942\n22.10.1942\n1943\n41\n Constitution Act Amendment Act 1943\n27.3.1944\n27.3.1944\n1947\n19\n Constitution Act Amendment Act 1947\n6.11.1947\n6.11.1947\n1949\n48\n Public Finance Act 1949\n1.12.1949\n1.12.1949\n1950\n38\n Constitution Act Amendment Act 1950\n30.11.1950\n30.11.1950\n1951\n4\n Constitution Act Amendment Act 1951\n6.9.1951\n1.7.1951: s 4\n1951\n52\n Constitution Act Amendment Act (No. 2) 1951\n6.3.1952\n6.3.1952\n1953\n28\n Constitution Act Amendment Act 1953\n3.12.1953\n3.12.1953\n1953\n56\n Constitution Act Amendment Act (No. 2) 1953\n24.6.1954\n24.6.1954\n1955\n3\n Statutes Amendment (Public Salaries) Act 1955\n23.6.1955\n1.6.1955: s 16(2)\n1955\n59\n Constitution Act Amendment Act 1955\n8.12.1955\n8.12.1955\n1959\n39\n Constitution Act Amendment Act 1959\n17.12.1959\n1.1.1959: s 4\n1960\n8\n Statutes Amendment (Public Salaries) Act 1960\n19.5.1960\n19.5.1960\n1961\n24\n Constitution Act Amendment Act 1961\n22.2.1962\n22.2.1962\n1963\n52\n Statutes Amendment (Public Salaries) Act (No. 2) 1963\n28.11.1963\n28.11.1963\n1963\n67\n Constitution Act Amendment Act 1963\n6.2.1964\n6.2.1964\n1965\n17\n Constitution Act Amendment Act 1965\n10.11.1965\n10.11.1965\n1965\n26\n Constitution Act Amendment Act (No. 2) 1965\n25.11.1965\n25.11.1965\n1965\n55\n Parliamentary Salaries and Allowances Act 1965\n23.12.1965\n23.12.1965\n1969\n110\n Constitution Act Amendment Act 1969\n12.3.1970\n12.3.1970\n1970\n33\n Constitution Act Amendment Act (No. 3) 1970\n19.11.1970\n19.11.1970\n1971\n17\n Constitution Act Amendment Act (No. 2) 1970-1971\n8.4.1971\n30.6.1972: s 2\n1971\n95\n Constitution Act Amendment Act (No. 2) 1971\n3.12.1971\n3.12.1971\n1972\n62\n Constitution Act Amendment Act 1972\n24.8.1972\n28.9.1972 (Gazette 28.9.1972 p1665)\n1973\n31\n Constitution Act Amendment Act (No. 2) 1973\n20.9.1973\n20.9.1973\n1973\n51\n Constitution Act Amendment Act 1973\n22.11.1973\n22.11.1973 (Gazette 22.11.1973 p2970)\n1973\n52\n Constitution and Electoral Acts Amendment Act 1973\n22.11.1973\n22.11.1973 (Gazette 22.11.1973 p2970)\n1973\n77\n Statute Law Revision Act 1973\n6.12.1973\n6.12.1973\n1974\n45\n Constitution Act Amendment Act 1974\n4.7.1974\n4.7.1974: s 2\n1974\n80\n Statutes Amendment (Committee Salaries) Act 1974\n31.10.1974\n1.7.1974: s 2\n1975\n59\n Constitution Act Amendment Act 1975\n26.6.1975\n1.7.1974: s 2\n1975\n67\n Constitution Act Amendment Act (No. 2) 1975\n2.10.1975\n2.10.1975\n1975\n68\n Constitution Act Amendment Act (No. 3) 1975\n2.10.1975\n2.10.1975\n1975\n122\n Constitution Act Amendment Act (No. 5) 1975\n22.1.1976\n22.1.1976 (Gazette 22.1.1976 p258)\n1976\n68\n Constitution Act Amendment Act 1976\n25.11.1976\n25.11.1976\n1978\n5\n Statutes Amendment (Remuneration of Parliamentary Committees) Act 1978 repealed by 101/1978\n2.3.1978\nrepealed by 101/1978 without coming into operation\n1978\n8\n Constitution Act Amendment Act 1978\n14.3.1978\n14.3.1978\n1978\n64\n Constitution Act Amendment Act (No. 2) 1978\n28.9.1978\n28.9.1978\n1978\n101\n Statutes Amendment (Remuneration of Parliamentary Committees) Act (No. 2) 1978\n7.12.1978\n7.12.1978\n1980\n45\n Constitution Act Amendment Act 1980\n3.7.1980\n10.7.1980 (Gazette 10.7.1980 p118)\n1981\n63\n Constitution Act Amendment Act 1981\n8.10.1981\n1.7.1981: s 2\n1982\n32\n Constitution Act Amendment Act (No. 2) 1981\n8.4.1982\n8.4.1982\n1982\n57\n Constitution Act Amendment Act 1982\n1.7.1982\n1.7.1982\n1982\n77\n Constitution Act Amendment Act (No. 2) 1982\n2.9.1982\n26.1.1984 (Gazette 3.11.1983 p1276)\n1985\n84\n Constitution Act Amendment Act 1985\n12.9.1985\n12.9.1985 except s 4—10.11.1985: s 2(3)\n1986\n120\n Constitution Act Amendment Act (No. 2) 1986\n18.12.1986\n18.12.1986\n1987\n13\n Statutes Amendment (Finance and Audit) Act 1987\n9.4.1987\n1.10.1987 (Gazette 17.9.1987 p886)\n1987\n63\n Constitution Act Amendment Act 1987\n22.10.1987\n22.10.1987\n1988\n1\n Constitution Act Amendment Act 1988\n3.3.1988\n5.5.1988 (Gazette 5.5.1988 p1115)\n1990\n18\n Statutes Repeal and Amendment (Remuneration) Act 1990\n19.4.1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n1991\n1\n Constitution (Electoral Redistribution) Amendment Act 1991\n7.3.1991\n7.3.1991\n1991\n50\n Parliamentary Committees Act 1991\n21.11.1991\n11.2.1992 (Gazette 5.12.1991 p1668)\n1994\n36\n Constitution (Electoral Districts Boundaries Commission) Amendment Act 1994\n2.6.1994\n2.6.1994\n1994\n40\n Statutes Amendment (Constitution and Members Register of Interests) Act 1994\n2.6.1994\n1.9.1994 (Gazette 1.9.1994 p614)\n1994\n59\n Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994\n27.10.1994\n1.1.1995 (Gazette 8.12.1994 p1942)\n1995\n68\n Constitution (Salary of the Governor and Electoral Redistribution) Amendment Act 1995\n2.11.1995\n2.11.1995\n1997\n69\n Statutes Amendment (Ministers of the Crown) Act 1997\n11.12.1997\nPt 2 (ss 4—7)—17.12.1997 (Gazette 17.12.1997 p1639)\n2001\n50\n Constitution (Parliamentary Terms) Amendment Act 2001\n11.10.2001\n5.3.2002: s 5(1)\n2001\n51\n Statutes Amendment (Governor's Remuneration) Act 2001\n11.10.2001\nPt 2 (ss 4 & 5)—5.11.2001 (Gazette 25.10.2001 p4687)\n2002\n29\n Constitution (Parliamentary Secretaries) Amendment Act 2002\n7.11.2002\n7.11.2002\n2002\n40\n Constitution (Ministerial Offices) Amendment Act 2002\n29.11.2002\n29.11.2002\n2003\n6\n Constitution (Casual Vacancies and Gender Neutral Language) Amendment Act 2003\n5.6.2003\n5.6.2003\n2003\n44\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2009\n48\n Electoral (Miscellaneous) Amendment Act 2009\n22.10.2009\nSch 1 (cll 1 & 2)—6.1.2010 (Gazette 17.12.2009 p6350)\n2013\n8\n Constitution (Recognition of Aboriginal Peoples) Amendment Act 2013\n28.3.2013\n28.3.2013\n2015\n29\n Constitution (Governor's Salary) Amendment Act 2015\n22.10.2015\n11.2.2016 (Gazette 11.2.2016 p450)\n2015\n34\n Judicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cll 1 & 2)—5.12.2016 (Gazette 29.11.2016 p4525)\n2016\n53\n Constitution (Demise of the Crown) Amendment Act 2016\n10.11.2016\n10.11.2016\n2017\n65\n Constitution (One Vote One Value) Amendment Act 2017\n12.12.2017\n12.12.2017\n2017\n66\n Constitution (Electoral Redistribution) (Appeals) Amendment Act 2017\n12.12.2017\n12.12.2017\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 8 & 9)—1.1.2021 (Gazette 10.12.2020 p5638)\n2021\n40\n Constitution (Independent Speaker) Amendment Act 2021\n4.11.2021\n4.11.2021\n2023\n9\nFirst Nations Voice Act 2023\n26.3.2023\nSch 2 (cl 2)—12.5.2023 (Gazette 11.5.2023 p929)\n2024\n10\nConstitution (Countersigning) Amendment Act 2024\n18.4.2024\n18.4.2024\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 751.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\nsubstituted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 1\n\n\ns 1\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 2\ninserted by 8/2013 s 3\n28.3.2013\ns 3\namended by 45/1980 s 3\n10.7.1980\n\nomitted under Legislation Revision and Publication Act 2002\n5.6.2003\n\ninserted by 9/2023 Sch 2 cl 2\n12.5.2023\nPt 2\n\n\nPt 2 Div 1\nheading preceding s 4 deleted and Pt 2 Div 1 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 6\n\n\ns 6(1)\n(d) deleted by 50/2001 s 2\n5.3.2002\n\namended by 6/2003 s 2\n5.6.2003\n\namended by 40/2021 s 3(1)\n4.11.2021\ns 6(3)\ninserted by 40/2021 s 3(2)\n4.11.2021\nPt 2 Div 2\nheading preceding s 11 deleted and Pt 2 Div 2 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 11\nsubstituted by 77/1982 s 3\n26.1.1984\ns 12\namended by 77/1982 s 4\n26.1.1984\n\ndeleted by 1/1988 s 3\n5.5.1988\ns 13\nsubstituted by 84/1985 s 3\n12.9.1985\ns 13(4) and (5)\namended by 6/2003 s 2\n5.6.2003\ns 14\namended by 77/1982 s 5\n26.1.1984\n\nsubstituted by 84/1985 s 3\n12.9.1985\ns 14(1)\namended by 6/2003 s 2\n5.6.2003\ns 15\nsubstituted by 84/1985 s 3\n12.9.1985\ns 15(1)\namended by 6/2003 s 2\n5.6.2003\ns 16\n\n\ns 16(1) and (2)\namended by 6/2003 s 2\n5.6.2003\ns 17\n\n\ns 17(1)\ns 17 amended and redesignated as s 17(1) by 40/1994 s 4\n1.9.1994\n\namended by 59/1994 Sch 2\n1.1.1995\n\namended by 6/2003 s 2\n5.6.2003\ns 17(2)\ninserted by 40/1994 s 4(b)\n1.9.1994\ns 19\nsubstituted by 77/1982 s 6\n26.1.1984\ns 20\ndeleted by 1/1988 s 4\n5.5.1988\ns 24\namended by 6/2003 s 2\n5.6.2003\ns 25\n\n\ns 25(1)\namended by 6/2003 s 2\n5.6.2003\ns 26\n\n\ns 26(1) and (3)\namended by 6/2003 s 2\n5.6.2003\nPt 2 Div 3\nheading preceding s 27 deleted and Pt 2 Div 3 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 28\nsubstituted by 84/1985 s 4\n10.11.1985\n\nsubstituted by 50/2001 s 3\n5.3.2002\ns 28A\ninserted by 84/1985 s 4\n10.11.1985\ns 28A(1)\namended by 50/2001 s 4\n5.3.2002\ns 29\ndeleted by 1/1988 s 5\n5.5.1988\ns 30\n\n\ns 30(1) and (2)\namended by 6/2003 s 2\n5.6.2003\ns 31\n\n\ns 31(1)\ns 31 amended and redesignated as s 31(1) by 40/1994 s 5 \n1.9.1994\n\n(d) deleted by 40/1994 s 5(b)\n1.9.1994\n\namended by 59/1994 Sch 2\n1.1.1995\n\namended by 6/2003 s 2\n5.6.2003\ns 31(2)\ninserted by 40/1994 s 5(c)\n1.9.1994\ns 32\n\n\ns 32(1)\nsubstituted by 77/1982 s 7(a)\n26.1.1984\ns 32(5)\n\n\nthe last effective electoral redistribution\ninserted by 77/1982 s 7(b)\n26.1.1984\ns 33\namended by 68/1976 s 2 \n25.11.1976\n\namended by 77/1982 s 8\n26.1.1984\n\ndeleted by 1/1988 s 6\n5.5.1988\ns 33A\namended by 68/1976 s 3\n25.11.1976\n\ndeleted by 77/1982 s 9\n26.1.1984\ns 34\n\n\ns 34(1)\namended by 6/2003 s 2\n5.6.2003\n\namended by 40/2021 s 4(1)\n4.11.2021\ns 34(4)—(7)\ninserted by 40/2021 s 4(2)\n4.11.2021\ns 34A\ninserted by 40/2021 s 5\n4.11.2021\ns 35\namended by 6/2003 s 2\n5.6.2003\ns 36\n\n\ns 36(1)\namended by 6/2003 s 2\n5.6.2003\ns 37\n\n\ns 37(1) and (4)\namended by 6/2003 s 2\n5.6.2003\nPt 2 Div 4\nheading preceding s 38 deleted and Pt 2 Div 4 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 39\namended by 6/2003 s 2\n5.6.2003\ns 41\n\n\ns 41(1)\n(i) and (ii) redesignated as (f) and (g) by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 42\n\n\ns 42(1) and (2)\namended by 6/2003 s 2\n5.6.2003\ns 43A\ninserted by 84/1985 s 5\n12.9.1985\ns 45\n\n\ns 45(1)\ns 45 amended by 101/1978 s 8\n7.12.1978\n\ns 45 redesignated as s 45(1) by 57/1982 s 2\n1.7.1982\n\namended by 6/2003 s 2\n5.6.2003\ns 45(1a)\ninserted by 120/1986 s 2\n18.12.1986\n\namended by 69/1997 s 4\n17.12.1997\n\namended by 29/2002 s 2\n7.11.2002\ns 45(2)\ninserted by 57/1982 s 2\n1.7.1982\n\namended by 6/2003 s 2\n5.6.2003\ns 46\n\n\ns 46(1) and (2)\namended by 6/2003 s 2\n5.6.2003\ns 47\n\n\ns 47(2)\namended by 6/2003 s 2\n5.6.2003\ns 49\namended by 57/1982 s 3\n1.7.1982\n\ndeleted by 40/1994 s 6\n1.9.1994\nss 50—54\ndeleted by 40/1994 s 6\n1.9.1994\ns 54A\n\n\ns 54A(1) and (2)\namended by 6/2003 s 2\n5.6.2003\ns 55\n\n\ns 55(1)\n(g) deleted by 50/1991 Sch Pt 2\n11.2.1992\n\namended by 6/2003 s 2\n5.6.2003\ns 55(2)\namended by 6/2003 s 2\n5.6.2003\ns 55(3)\nsubstituted by 101/1978 s 9\n7.12.1978\n\nsubstituted by 18/1990 s 6\n19.4.1990\n\ndeleted by 50/1991 Sch Pt 2\n11.2.1992\ns 55(3a) and (3b)\ninserted by 101/1978 s 9\n7.12.1978\n\ndeleted by 18/1990 s 6\n19.4.1990\ns 55(4)\ndeleted by 18/1990 s 6\n19.4.1990\ns 55(5)\ndeleted by 50/1991 Sch Pt 2\n11.2.1992\ns 56\namended by 6/2003 s 2\n5.6.2003\ns 58\n\n\ns 58(2)\namended by 6/2003 s 2\n5.6.2003\nPt 2 Div 5\nheading preceding s 60 deleted and Pt 2 Div 5 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 60\n\n\ns 60(1)—(4)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 64\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 2A\ninserted by 45/1980 s 4\n10.7.1980\ns 64A\n\n\ns 64A(3)\namended by 6/2003 s 2\n5.6.2003\nPt 3\n\n\ns 65\n\n\ns 65(1)\namended by 64/1978 s 2 \n28.9.1978\n\namended by 69/1997 s 5\n17.12.1997\ns 65(2)\namended by 63/1987 s 2\n22.10.1987\ns 66\n\n\ns 66(1)\namended by 6/2003 s 2\n5.6.2003\ns 66(2)\nsubstituted by 69/1997 s 6\n17.12.1997\n\namended by 40/2002 s 2\n29.11.2002\ns 67\nsubstituted by 120/1986 s 3\n18.12.1986\ns 67A\ninserted by 69/1997 s 7\n17.12.1997\n\nsubstituted by 29/2002 s 3\n7.11.2002\ns 69\n\n\ns 69(1)\namended by 6/2003 s 2\n5.6.2003\ns 70\namended by 6/2003 s 2\n5.6.2003\ns 71\namended by 8/1978 s 2\n14.3.1978\n\namended by 13/1987 s 4\n1.10.1987\n\nheading amended by 10/2024 s 2(1)\n18.4.2024\n\namended by 10/2024 s 2(2)\n18.4.2024\ns 71A\ninserted by 8/1978 s 3\n14.3.1978\ns 73 before substitution by 29/2015\nsubstituted by 63/1981 s 3\n1.7.1981\ns 73(1)\namended by 68/1995 s 2(a)\n2.11.1995\n\nsubstituted by 51/2001 s 4(a)\n5.11.2001\ns 73(1a) and (1b)\ninserted by 68/1995 s 2(b)\n2.11.1995\n\ndeleted by 51/2001 s 4(a)\n5.11.2001\ns 73(3)\nsubstituted by 32/1982 s 2\n8.4.1982\n\namended by 6/2003 s 2\n5.6.2003\ns 73(4)\ninserted by 32/1982 s 2 \n8.4.1982\n\namended by 6/2003 s 2\n5.6.2003\ns 73(5)\ninserted by 32/1982 s 2\n8.4.1982\nconsumer price index\ndeleted by 51/2001 s 4(b)\n5.11.2001\ns 73\nsubstituted by 29/2015 s 4\n11.2.2016\ns 73A\nsubstituted by 51/2001 s 5\n5.11.2001\ns 73B\nsubstituted by 51/2001 s 5\n5.11.2001\n\namended by 29/2015 s 5\n11.2.2016\nPt 4\n\n\ns 74\namended by 6/2003 s 2\n5.6.2003\n\namended by 34/2015 Sch 1 cl 1(1), (2)\n5.12.2016\ns 75\namended by 6/2003 s 2\n5.6.2003\ns 75A\ninserted by 34/2015 Sch 1 cl 2\n5.12.2016\nPt 5\n\n\ns 76\n\n\ns 76(1)\n\n\nthe Chief Justice\namended by 45/2019 Sch 1 cl 8\n1.1.2021\ns 77\n\n\ns 77(2)\namended by 68/1995 s 3\n2.11.1995\ns 78\n\n\ns 78(6)\namended by 6/2003 s 2\n5.6.2003\ns 78(7)\ninserted by 68/1995 s 4\n2.11.1995\ns 81\n\n\ns 81(2) and (3)\nsubstituted by 48/2009 Sch 1 cl 1\n6.1.2010\ns 81(4)\ninserted by 48/2009 Sch 1 cl 1\n6.1.2010\ns 82\n\n\ns 82(2)\namended by 1/1991 s 2\n7.3.1991\n\namended by 48/2009 Sch 1 cl 2\n6.1.2010\ns 83\nsubstituted by 1/1991 s 3\n7.3.1991\ns 83(1)\ndeleted by 65/2017 s 3(1)\n12.12.2017\ns 83(3)\ndeleted by 65/2017 s 3(2)\n12.12.2017\ns 83A\ninserted by 65/2017 s 4 \n12.12.2017\ns 84\namended by 6/2003 s 2\n5.6.2003\ns 85\n\n\ns 85(3)\namended by 36/1994 s 2(a)\n2.6.1994\ns 85(4)—(8)\ninserted by 36/1994 s 2(b)\n2.6.1994\ns 86\n\n\ns 86(1a)\ninserted by 66/2017 s 3(1) \n12.12.2017\ns 86(2)\namended by 66/2017 s 3(2) \n12.12.2017\n\namended by 45/2019 Sch 1 cl 9(1)\n1.1.2021\ns 86(5a) and (5b)\ninserted by 66/2017 s 3(3) \n12.12.2017\ns 86(7)\namended by 45/2019 Sch 1 cl 9(2)\n1.1.2021\ns 86(9)\namended by 45/2019 Sch 1 cl 9(3)\n1.1.2021\ns 86(10)\ninserted by 66/2017 s 3(4) \n12.12.2017\ns 88\n\n\ns 88(2)\namended by 6/2003 s 2\n5.6.2003\nPt 6\ninserted by 53/2016 s 3\n10.11.2016\nSch 1\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nSchs 2 and 3\ndeleted by 77/1982 s 10\n26.1.1984\nTransitional etc provisions associated with Act or amendments\nConstitution (Electoral Districts Boundaries Commission) Amendment Act 1994\n3—Operation of amendment\nThe amendments effected to the principal Act by section 2 of this Act extend to proceedings before the Electoral Districts Boundaries Commission on the commencement of this Act.\nConstitution (Parliamentary Terms) Amendment Act 2001\n5—Commencement and transitional\n\t(2)\tIn the case of the House of Assembly of the fiftieth Parliament, section 28(1) of the principal Act as amended by this Act will be taken to refer to the third Saturday in March in the year 2006.\nConstitution (Casual Vacancies and Gender Neutral Language) Amendment Act 2003\n3—Validation provision\nA decision under section 13 of the Constitution Act 1934 made before the commencement of this section by an assembly of both Houses of Parliament cannot be called in question on the ground that not all members of both Houses of Parliament were present at the meeting of the assembly at which the decision was made.\nConstitution (Governor's Salary) Amendment Act 2015, Sch 1\n1—Transitional provision\nThe rate of salary determined by the Remuneration Tribunal under section 73 of the Constitution Act 1934 (as inserted by this Act) in relation to the office of Governor cannot be lower than the rate applying before the commencement of this Act.\nConstitution (Independent Speaker) Amendment Act 2021, Sch 1\n1—Transitional provision\nFor the avoidance of doubt, section 6(1)(c) of the Constitution Act 1934 (as amended by this Act) applies (on and after the commencement of this Act) for the remainder of the relevant election period that commenced on 1 July 2021.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—11.2.1992\n\nReprint No 3—2.6.1994\n\nReprint No 4—1.9.1994\n\nReprint No 5—1.1.1995\n\nReprint No 6—2.11.1995\n\nReprint No 7—17.12.1997\n\nReprint No 8—5.11.2001\n\nReprint No 9—5.3.2002\n\nReprint No 10—7.11.2002\n\nReprint No 11—29.11.2002\n\nReprint No 12—5.6.2003\n\nReprint No 13—24.11.2003\n\n6.1.2010\n\n28.3.2013\n\n11.2.2016\n\n10.11.2016\n\n5.12.2016\n\n12.12.2017\n\n1.1.2021\n\n4.11.2021\n\n12.5.2023\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its 1934 origins of consolidating earlier Imperial and colonial instruments into a single framework for the bicameral Parliament, executive and judiciary. Amendments have broadened its scope to incorporate symbolic recognitions of Aboriginal and First Nations peoples (ss 2–3, inserted 2013 and 2023), a justiciable guarantee of local government (Part 2A, inserted 1980), detailed independent electoral redistribution machinery with appeals (Part 5, substantially rewritten 1991–2017), mechanisms for an independent Speaker (ss 34–34A, 2021), parliamentary secretaries (s 67A), and updates to Governor's remuneration and demise of the Crown rules (Part 6, 2016). These additions shift it from a purely structural statute to one addressing contemporary democratic, representational and symbolic concerns while retaining its core constitutional character."},"complexity_factors":["Multiple entrenched provisions (ss 10A and 88) requiring absolute majorities, reservations for royal assent, or referendums before key changes","Frequent cross-references to external legislation including the Electoral Act 1985, Royal Commissions Act 1917, and Oaths Act 1936","Detailed procedural rules across divisions for sessions, quorums, deadlocks (s 41), money bills (Division 5), and casual vacancies (s 13)","Nested criteria and processes in Part 5 for electoral redistributions, including definitions, Commission composition, appeal rights to the Court of Appeal, and review obligations","Legislative history showing over 60 amendments since 1934, with some sections explicitly preserving or referencing earlier versions (e.g. s 42(4), s 6(3))","Conditional logic throughout, such as exceptions for election periods, disaster deferrals (s 28(3)), and distinctions between previously authorised purposes in money bills (s 60)"],"plain_english_summary":"**The Constitution Act 1934 is South Australia's foundational law that sets the basic rules for how the state is governed.** It creates a Parliament with two houses (the Legislative Council with 22 members and the House of Assembly with 47 members), explains their powers, how elections work, and how laws are passed. It also covers the role of the Governor (the state's representative of the Crown), ministers, judges' job security, and an independent process for drawing fair electoral boundaries every few years so each vote counts roughly equally. \n\nKey modern additions include acknowledging Aboriginal peoples as the state's first peoples and the importance of listening to First Nations voices (though these statements have no legal force), a guarantee that local councils will keep existing, rules to stop easy changes to core parts like the two-house system (requiring a public vote in some cases), and requirements for an independent Speaker in the lower house. \n\nIt affects everyone in South Australia by shaping democracy, protecting against sudden major changes to government structure, ensuring judges can't be easily sacked, and requiring fair elections. It matters because it provides the 'rule book' for law-making, resolves deadlocks between the houses, limits government spending decisions, and maintains stability even when governments change."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The content provided is a 404 error page from the SA legislation website, not the text of the Constitution Act 1934. No comparison between original intent and current effect is possible."},"complexity_factors":["No legislative content was provided — only a website error page was returned","Cannot assess complexity without access to the actual text of the Act","The score of 1 reflects the absence of any substantive legal content to analyse, not the simplicity of the Constitution Act 1934 itself, which would likely score significantly higher"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe link provided did not return the actual text of the *Constitution Act 1934* (SA). Instead, it returned a **\"Page Not Found\"** error from the South Australian legislation website, likely because the URL was created before a website update on 24 March 2026 and is now broken.\n\n**What this means for you:** No legal analysis of the *Constitution Act 1934* (SA) can be provided based on this content. To access the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Constitution Act 1934*."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded from a core 1934 constitutional framework to include additional subject‑matter and protective procedures: for example, formal recognitions of Aboriginal peoples and First Nations voices appear in ss 2–3 (inserted in later amendments), a constitutional guarantee of local government is added (s 64A), and a detailed, judicially‑chaired Electoral Districts Boundaries Commission and entrenchment of redistribution rules have been incorporated (Part 5: ss 76–88). The Act now also contains provisions linking judicial conduct arrangements (s 75A) and rules about an independent Speaker (s 34 and related amendments). Mechanically, these insertions increase administrative responsibilities (Commission staffing and funding—ss 81, 87), create new procedural barriers to amendment in specified areas (ss 8, 10A, 88), and add appeal and enforcement pathways (s 86, s 10A(7), s 88(5)). These changes extend the original institutional remit beyond the 1934 text by adding recognition, redistribution machinery, entrenchment and new inter‑institutional arrangements."},"complexity_factors":["Length and breadth: the Act covers legislature, executive, judiciary, electoral redistribution, local government and miscellaneous constitutional matters, creating many cross‑cutting rules.","Entrenchment and special procedural requirements: sections requiring absolute majorities, reservation for assent, and referenda (ss 8, 10A, 88) add procedural complexity and multiple decision layers.","Detailed redistribution regime with statutory timelines, consultation steps, judicial chairing and appeal rights (Part 5: ss 76–87) adds administrative and legal complexity.","Multiple cross‑references to other statutes and offices (Electoral Act, Royal Commissions Act, roles of Chief Justice, Electoral Commissioner and Surveyor‑General) increase interpretive complexity.","Numerous disqualification, vacancy and retirement rules for members (ss 13–17, 31–16, 14–15) create many conditional triggers and exceptions.","Substantial amendment history and inserted recognition provisions (e.g. ss 2–3, 64A, 75A) means the Act is an accretion of historical layers rather than a single clean scheme.","Judicially‑involved institutional roles (judge as Commission chair) and statutory validation clauses (s 71A) create points where legal and administrative discretion intersect."],"plain_english_summary":"- What this law does, mechanically\n  - Establishes the basic constitutional structure and rules for the State of South Australia: it creates a bicameral Parliament made up of a Legislative Council and a House of Assembly (s 4), defines their powers (s 5), how and when they meet (ss 6–7), and how the Act itself may be changed (s 8).\n  - Sets membership rules and internal procedures for both Houses: number of members (Legislative Council 22 (s 11); House of Assembly 47 (s 27)), terms and retirement arrangements (ss 13–16, 14, 15, 28), vacancies and resignations (ss 13, 16, 30), quorum and voting rules (ss 26, 37) and offices such as President and Speaker (ss 23–25, 34–36).  \n  - Distinguishes money Bills and control of appropriation: money Bills must originate in the House of Assembly (s 61), the Legislative Council cannot amend money clauses (s 62), and ordinary appropriation Bills are restricted to previously authorised purposes (s 63).\n  - Guarantees a continuing system of local government and leaves the details of local bodies to Parliament (s 64A).\n  - Regulates the executive: limits the number of Ministers (s 65), provides for Ministers, acting Ministers and Parliamentary Secretaries (ss 66–67A), and vests appointment powers in the Governor with Executive Council advice (s 68).  \n  - Sets judicial tenure and removal mechanisms (ss 74–75) and links to judicial conduct arrangements (s 75A).\n  - Establishes the Electoral Districts Boundaries Commission and a detailed electoral redistribution process (Part 5: ss 76–87), including redistribution criteria (ss 77, 83), public consultation and appeals to the Court of Appeal (s 86), and funding for the Commission paid from General Revenue on the Auditor‑General's certificate (s 87).\n  - Addresses Governor remuneration and costs (ss 73–73B) and provides for continuity on the demise of the Crown (s 89).\n  - Includes formal recognitions: the Parliament acknowledges historical facts about Aboriginal peoples (s 2) and recognises the importance of First Nations voices, referring to the First Nations Voice Act 2023 (s 3).\n\n- Who is affected\n  - Elected officials and political actors: members of both Houses, Ministers, the Speaker/President and those seeking election are directly regulated by membership, disqualification and electoral rules (see ss 11, 27, 17, 31, 42, 45–47).  \n  - The Governor and Executive: the Act allocates powers and formal roles to the Governor, including sessional powers, dissolutions, appointments and signing of orders (ss 6, 8, 71, 69–70).  \n  - Public administrators and statutory officers: the Electoral Commissioner, Surveyor‑General, the Commission's staff and the Chief Justice have roles in redistributions and Commission membership (ss 76, 78–81).  \n  - Citizens and electors: the Act sets when and how elections occur, how districts are drawn (ss 28, 28A, 32, 77, 83), preserves voting rights (including women's franchise—s 48) and provides routes to challenge constitutional changes and redistribution orders (ss 10A, 88, 86).\n  - The public purse: the Governor's salary and associated expenses are paid from Consolidated Account and General Revenue for Commission costs (ss 73–73B, 87).\n\n- Why it matters (practical effects and mechanisms)\n  - Determines the basic operating rules of South Australian representative government: who sits in Parliament, how laws (especially money laws) move through its chambers, and how the executive is constituted and held to account (ss 4–5, 61–63, 65–67A).  \n  - Structures electoral fairness procedures: the Act prescribes numerical tolerances for redistributions (s 77), an independent Commission with judicial chairing (s 78), public consultation (s 85) and a one‑month right of appeal to the Court of Appeal (s 86). Those mechanisms change how district boundaries are decided in practice and create administrative and legal steps for implementation.  \n  - Raises barriers and procedures for constitutional change in particular areas: some changes require special parliamentary majorities and referral to electors by referendum (s 8, s 10A, s 88). Mechanically, that shifts the decision from a simple parliamentary majority to a process involving both Houses, possible reservation for royal assent and, in some cases, a public vote.\n\n- Claimed purposes and an operational test against costs, incentives and trade‑offs\n  - The Act contains explicit purpose‑statements (for example, acknowledgements in s 2 and s 3). Those are declared not to have legal force where the Act says so (s 2(3) states that section 2 is not intended to have legal force).  \n  - Electoral independence and fairness: Part 5 and s 88 embed procedures designed to make redistributions independent (s 78) and to protect certain redistribution provisions from ordinary amendment (s 88). The operational trade‑off is higher institutional stability and legal formality in exchange for extra administrative cost (Commission staffing and funding—s 81, s 87) and potential litigation (appeals under s 86).  \n  - Entrenchment vs reformability: provisions such as s 10A and s 88 require either special parliamentary majorities or approval by electors for specified constitutional alterations. This reduces the ease of legislative reform in those areas but increases predictability; the cost is that future policy changes in entrenched areas face higher procedural barriers (ss 8, 10A, 88).  \n  - Judicial involvement in redistribution: the Commission is chaired by a Supreme Court judge appointed by the Chief Justice (s 78). That brings legal expertise and a judicial check into line‑drawing, but concentrates appointment discretion with the judiciary (s 78) and can create scheduling or resourcing demands on the courts.  \n  - Administrative and compliance burdens: redistributions require advertising, written representations and draft circulation (s 85), and there is a statutory timetable for commencing redistributions (s 82). These steps impose predictable administrative workloads on the Commission and on interested parties who wish to participate.  \n  - Concentrated benefits and diffuse costs: many political‑structure rules (for example caps on Ministers, s 65) and rules about filling casual vacancies (s 13(5)) confer concentrated benefits or constraints on political parties and individual office‑holders, while costs (salaries, Commission funding, court time) are borne by general revenue (ss 73–73B, 87).\n\n- Who pays, who decides, and what behaviour changes (with section citations)\n  - Who pays: the Governor's salary and costs are paid from the Consolidated Account and General Revenue (ss 73, 73A, 73B). The Commission's reasonable moneys are payable from General Revenue on Auditor‑General certificate (s 87).  \n  - Who decides: Parliament makes and amends laws and can alter this Act but subject to special majority or referendum constraints in some cases (s 8, s 10A, s 88). The Governor has powers to fix sittings, prorogue (s 6) and to dissolve (ss 28, 28A, 41) in specified circumstances. The Chief Justice appoints the judge who chairs the Redistribution Commission, and the Commission (chaired by that judge) makes redistributions (s 78, s 82). The Court of Appeal decides appeals about redistribution orders (s 86).  \n  - What behaviour changes: the Act imposes procedural steps on electoral boundary‑making (ss 82–86) and on money legislation (ss 60–64). It requires elected members to take an oath or affirmation before sitting (s 42), imposes disqualification rules for holding certain offices or foreign allegiances (ss 17, 31, 44–46), and changes political practice by requiring the Speaker to be non‑party while in office (s 34(4)–(6)), which alters how members of registered parties can participate if elected Speaker.\n\n- Implementation risk and enforcement pathways\n  - Redistributive decisions can be appealed to the Court of Appeal within one month (s 86); where an appeal is brought the order does not take effect until the appeal is resolved (s 86(4)). That creates litigation risk and possible delay in implementing boundaries.  \n  - Entrenchment (ss 10A, 88) creates legal steps that, if disregarded, may be enforceable by action in the Supreme Court (s 10A(7), s 88(5)).  \n  - Executive discretion (Governor's powers under ss 6, 28A, 41) is significant; legal validation clauses such as s 71A validate past warrants or appointments where technical defects might otherwise invalidate them, reducing some legal risk but also embedding discretion about what is later validated (s 71A).\n\n- Net procedural effect on private choice and markets\n  - The Act primarily structures political and public administrative processes rather than regulating markets directly. Its effects on private enterprise are indirect: by shaping electoral districting, parliamentary composition and executive structure it alters governance incentives that, over time, can affect regulatory settings, public spending priorities and local government arrangements (see ss 77–83, s 64A).\n\nOverall, the Constitution Act 1934 sets the institutional rules for South Australian representative government, prescribes detailed electoral redistribution machinery and limits how some constitutional elements may be changed. It allocates decision‑making authority among Parliament, the Governor, the judiciary (through the Chief Justice and the Commission chair) and the Electoral Districts Boundaries Commission, establishes funding lines for those institutions (ss 73–73B, 87), and creates legal paths for enforcement and appeal (ss 10A(7), 86, 88)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/constitution-act-1934","history":"/api/acts/constitution-act-1934/history","analysis":"/api/acts/constitution-act-1934/analysis","conflicts":"/api/acts/constitution-act-1934/conflicts","importantCases":"/api/acts/constitution-act-1934/important-cases","documents":"/api/acts/constitution-act-1934/documents"}}