Section 9C - Constitution Act 1902 - Administration of government by Lieutenant-Governor or Administrator

9CAdministration of government by Lieutenant-Governor or Administrator

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9C Administration of government by Lieutenant-Governor or Administrator

(1) The Lieutenant-Governor or Administrator shall, subject to this section, assume the administration of the government of the State if—

(a) there is a vacancy in the office of Governor, or

(b) the Governor is unavailable.

(2) The Governor shall not, for the purposes of this section, be regarded as being unavailable at any time when there is a subsisting appointment of a deputy under section 9D and the deputy is available.

(3) The Administrator shall not assume the administration of the government of the State unless there is a vacancy in the office of Lieutenant-Governor or the Lieutenant-Governor is unavailable.

(4) The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify—

(a) the Premier, or

(b) in the event that the Premier is not able to be contacted to give the notification—the next most senior Minister of the Crown (if any) who is able to be contacted.

Notification is not required if concurrence is required under subsection (4A) for the assumption of administration.

(4A) The Lieutenant-Governor or Administrator shall not assume the administration of the government of the State because of any unavailability referred to in section 9 (d) unless—

(a) the Premier has concurred in the assumption of administration, or

(b) in the event that the Premier is not able to be contacted to obtain concurrence—the next most senior Minister of the Crown (if any) who is able to be contacted has concurred in the assumption of administration, or

(c) neither the Premier nor any other Minister of the Crown is able to be contacted to obtain concurrence, and the Lieutenant-Governor or Administrator is of the opinion that the assumption of administration is authorised by subsection (4B).

The Premier or other Minister is not to give concurrence unless of the opinion that the assumption of administration is authorised by subsection (4B).

(4B) An assumption of administration because of any unavailability referred to in section 9 (d) is authorised if—