{"id":"nsw:act-1991-070","name":"Constitution (Fixed Term Parliaments) Special Provisions Act 1991","slug":"constitution-fixed-term-parliaments-special-provisions-act-1991","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"70 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175673,"registerId":"nsw-nsw:act-1991-070-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Constitution (Fixed Term Parliaments) Special Provisions Act 1991](/view/html/inforce/current/act-1991-070).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Act:\n> > \n> > current Assembly means the Legislative Assembly existing on the commencement of this Act (being the Legislative Assembly which first met for the dispatch of business on 2 July 1991).\n> > \n> > next general election means the next general election of Members of the Legislative Assembly held after the commencement of this Act.\n> \n> > (2) This Act is to be construed as if it formed part of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Date of next general election","content":"#### 4 Date of next general election\n\n4 Date of next general election\n\n> > (1) The writs for the next general election must name 25 March 1995 as the day for the taking of the poll at that general election, unless the current Assembly is dissolved in accordance with this Act.\n> \n> > (2) If the current Assembly is dissolved in accordance with this Act, the writs for the next general election must name as the day for the taking of the poll at that general election a day that is not later than the fortieth day from the date of the issue of the writs.\n> \n> > (3) If the current Assembly is not dissolved in accordance with this Act, the current Assembly expires on 3 March 1995.\n> \n> > (4) In this section, a reference to a writ does not include a reference to a writ issued because of the failure of an election, including a failure of an election because of its being declared void in accordance with law.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Dissolution of current Assembly before expiry in 1995","content":"#### 5 Dissolution of current Assembly before expiry in 1995\n\n5 Dissolution of current Assembly before expiry in 1995\n\n> > (1) The current Assembly may be dissolved by the Governor under section 10 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), but only in the circumstances authorised by this section or section 6.\n> \n> > (2) The current Assembly may be dissolved if:\n> > \n> > > (a) a motion of no confidence in the Government is passed by the current Assembly (being a motion of which not less than 3 clear days’ notice has been given in the current Assembly), and\n> > \n> > > (b) during the period commencing on the passage of the motion of no confidence and ending 8 clear days thereafter, the current Assembly has not passed a motion of confidence in the then Government.\n> > \n> > After the motion of no confidence is passed, the current Assembly may not be prorogued before the end of that 8-day period and may not be adjourned for a period extending beyond that 8-day period, unless the motion of confidence has been passed.\n> \n> > (3) The current Assembly may be dissolved if it:\n> > \n> > > (a) rejects a Bill which appropriates revenue or moneys for the ordinary annual services of the Government, or\n> > \n> > > (b) fails to pass such a Bill before the time that the Governor considers that the appropriation is required.\n> \n> > (4) The current Assembly may be dissolved within 2 months before the current Assembly is due to expire on 3 March 1995 if the next general election would otherwise be required to be held during the same period as a Commonwealth election, during a holiday period or at any other inconvenient time.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Preservation of Governor’s power to dissolve current Assembly in accordance with established constitutional conventions","content":"#### 6 Preservation of Governor’s power to dissolve current Assembly in accordance with established constitutional conventions\n\n6 Preservation of Governor’s power to dissolve current Assembly in accordance with established constitutional conventions\n\n> This Act does not prevent the Governor from dissolving the current Assembly in circumstances other than those specified in section 5, despite any advice of the Premier or Executive Council, if the Governor could do so in accordance with established constitutional conventions.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Governor to consider whether viable alternative Government can be formed","content":"#### 7 Governor to consider whether viable alternative Government can be formed\n\n7 Governor to consider whether viable alternative Government can be formed\n\n> When deciding whether the current Assembly should be dissolved in accordance with this Act, the Governor is to consider whether a viable alternative Government can be formed without a dissolution and, in so doing, is to have regard to any motion passed by the current Assembly expressing confidence in an alternative Government in which a named person would be Premier.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"This Act to prevail","content":"#### 8 This Act to prevail\n\n8 This Act to prevail\n\n> This Act has effect despite anything to the contrary in the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) or any other Act.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Referendum required to alter this Act","content":"#### 9 Referendum required to alter this Act\n\n9 Referendum required to alter this Act\n\n> > (1) A Bill that expressly or impliedly repeals or amends this Act 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> \n> > (2) On a day not sooner than 2 months after the passage of the Bill through both Houses of the Legislature the Bill shall be submitted to the electors entitled to vote at a general election of Members of the Legislative Assembly.\n> \n> > (3) The day referred to in subsection (2) shall be appointed by the Governor under and in accordance with the [Constitution Further Amendment (Referendum) Act 1930](/view/html/inforce/current/act-1930-002) and any Act amending or replacing that Act.\n> \n> > (4) When the Bill is submitted to the electors the vote shall be taken under and in accordance with the [Constitution Further Amendment (Referendum) Act 1930](/view/html/inforce/current/act-1930-002) and any Act amending or replacing that Act.\n> \n> > (5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for Her Majesty’s assent.\n> \n> > (6) Nothing contained in this section affects the operation of section 5B of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) and a Bill to which this section would otherwise apply which has been submitted to the electors under and in accordance with section 5B and has been approved by a majority of the electors voting may be presented to the Governor for Her Majesty’s assent as if this section had not been enacted.\n> \n> > (7) The provisions of this section do not apply to a provision of a Bill, being a provision which would, upon its coming into operation, be a law referred to in section 29 (2) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Amendment of Constitution Further Amendment (Referendum) Act 1930 No 2","content":"#### 10 Amendment of Constitution Further Amendment (Referendum) Act 1930 No 2\n\n10 Amendment of [Constitution Further Amendment (Referendum) Act 1930 No 2](/view/html/inforce/current/act-1930-002)\n\n> The [Constitution Further Amendment (Referendum) Act 1930](/view/html/inforce/current/act-1930-002) is amended by inserting after section 7 (2) the following subsection:\n> \n> > > (3) The day appointed for the taking of the votes of the electors on the Constitution (Fixed Term Parliaments) Amendment Bill 1991 (or, if that Bill is re-introduced into the Legislative Assembly in 1992 with or without amendment, that Bill) shall be no later than the day named for the taking of the poll in the next general election (within the meaning of the [Constitution (Fixed Term Parliaments) Special Provisions Act 1991](/view/html/inforce/current/act-1991-070)).","sortOrder":9}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was always intended as a temporary, special provision applying only to the 1991–1995 parliamentary term to trial fixed-term arrangements. The Act does not expand beyond this specific temporal and functional purpose."},"complexity_factors":["Only 2 defined terms in the interpretation section ('current Assembly' and 'next general election')","Heavy cross-referencing to the Constitution Act 1902 and Constitution Further Amendment (Referendum) Act 1930","Nested conditional logic in sections 5 and 6 (dissolution triggers with multiple sub-conditions and time limits)","Self-entrenching provisions requiring referendum for amendment (section 9)","Temporal limitation—the Act applies only to a specific parliamentary term (1991–1995)","Interaction between statutory rules and 'established constitutional conventions' (section 6) creating legal uncertainty"],"plain_english_summary":"This is a New South Wales law from 1991 that temporarily changed how the state parliament worked for one specific term. It locked in the next election for **25 March 1995** and prevented the government from calling an early election unless specific conditions were met.\n\n**What it does:**\n- **Fixed the election date**: The 1995 election had to happen on 25 March 1995, unless the parliament was dissolved early under strict rules.\n- **Limited early elections**: The Governor could only dissolve parliament early if:\n  - The government lost a no-confidence vote and couldn't win back confidence within 8 days\n  - Parliament blocked the budget (appropriation bills)\n  - The election would otherwise clash with a federal election or holiday period (within 2 months of the expiry date)\n  - Established constitutional conventions allowed it (a safety valve for constitutional crises)\n- **Protected the rules**: Any attempt to change this law required a **public referendum** approved by voters.\n\n**Who it affects:**\n- NSW voters and political parties (they got a predictable election date)\n- The NSW Premier and government (they lost the power to call a \"snap election\" for political advantage)\n- The Governor of NSW (who had to follow these rules when deciding whether to dissolve parliament)\n\n**Why it matters:**\nThis was a trial run for fixed-term parliaments in NSW. It removed the government's ability to pick election dates for political convenience—a power that often gives ruling parties an advantage. The law also entrenched itself, meaning politicians couldn't easily undo it without voter approval. This specific Act only applied to the 1991–1995 parliamentary term and was essentially a constitutional experiment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Act temporarily changes the scope of the existing constitutional framework for the current Legislative Assembly by prescribing a fixed poll date for the next general election (s 4), narrowing the statutory grounds on which the Governor may dissolve that Assembly (s 5), while expressly preserving gubernatorial reserve powers (s 6). It also imposes a heightened amendment barrier by requiring a referendum before repeal or amendment (s 9) and amends the Referendum Act to synchronise timing (s 10)."},"complexity_factors":["Interacts directly with the Constitution Act 1902 and is to be read as part of it (s 3(2)), creating layered construction issues.","Temporal and limited scope—applies to the current Assembly and the next general election only, producing transitional-rule complexity (definitions in s 3; ss 4–5).","Detailed procedural triggers for dissolution (no‑confidence motion with 3 clear days’ notice and an 8‑day response window; appropriation failures; timing conflicts) create precise timing and notice constraints (s 5).","Preservation of conventional reserve powers adds an uncodified discretionary layer for the Governor overlapping the statutory rules (s 6).","Special amendment procedure requiring a referendum (with an exception tied to s 5B of the Constitution Act 1902) alters ordinary legislative amendment routes and introduces timing constraints via an amendment to the Referendum Act (s 9; s 10).","Operation despite inconsistency clause means it overrides other statutes, raising potential conflict-of-laws questions (s 8).","Cross-references to multiple external Acts (Constitution Act 1902; Constitution Further Amendment (Referendum) Act 1930) increase interpretive interdependence."],"plain_english_summary":"This Act fixes the date for the next lower‑house election as 25 March 1995 unless the current Assembly is earlier dissolved under narrowly defined conditions. It prescribes when the Governor may dissolve the Assembly, preserves the Governor’s reserve powers, and requires a public referendum before the Act can be repealed or amended. The Governor decides on dissolution subject to the Act’s triggers and constitutional conventions; electors must approve any repeal or amendment by referendum."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to determine whether the Act's scope changed from its original intent. The Act has remained unamended since 17 December 1991, which may suggest its scope remained consistent with original intent, or alternatively that it became redundant and was simply left on the books."},"complexity_factors":["The full legislative text was not provided — only website metadata and navigation elements were included, making substantive analysis impossible","Based on title alone, the subject matter (fixed-term parliamentary schedules) is a focused, relatively narrow constitutional mechanism","The Act has never been amended since 1991, suggesting it is either simple in scope or was superseded by other legislation","Constitutional/electoral legislation can carry some technical complexity in how it interacts with other constitutional provisions, but without the text this cannot be assessed"],"plain_english_summary":"This 1991 NSW Act was enacted to establish fixed-term parliaments, shifting election timing from the Premier’s discretion to a predictable schedule. It therefore affects the NSW Parliament, the state executive, and voters by limiting partisan timing advantages and increasing electoral predictability.  \n\nNote: the full text wasn’t supplied; this summary is based on the Act’s title and metadata only. The Act commenced 17 December 1991 and appears unamended."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991","history":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991/history","analysis":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991/analysis","conflicts":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991/conflicts","importantCases":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991/important-cases","documents":"/api/acts/constitution-fixed-term-parliaments-special-provisions-act-1991/documents"}}