This Act sets out Tasmania’s core parliamentary mechanics: how Parliament is constituted, member numbers and elections, who may serve, ministerial limits and appointments, and rules for passing money and tax laws. It also recognises elected local government and protects religious freedom.
It mainly affects members, ministers, the Governor, electoral bodies and the State’s finances — shaping who can hold office, how executive appointments work, and which House controls fiscal initiation and budgetary authority.
This Act sets the constitutional mechanics for the Tasmanian Parliament, the composition and election arrangements for both Houses, certain executive-office arrangements, basic protections and constraints on Members, financial‑Bill rules, local government recognition, and a short list of general provisions. Mechanically, the Act:
Constitutes Parliament as Governor, Legislative Council and House of Assembly (s 10).
Fixes House sizes and electoral structure: the Council is constituted of 15 members and 15 Council divisions determined under the Legislative Council Electoral Boundaries Act 1995 (s 18); the Assembly is to be constituted of 35 members, the State divided into 5 divisions each returning 7 members (s 22(1)-(3)); Schedule 4 describes the Assembly divisions (s 22(5), Schedule 4).
Establishes term lengths and timing rules: Council members hold office for six years with yearly periodical elections and rotational retirements (s 19); Assemblies continue for four years from the return of writs unless sooner dissolved by the Governor (s 23).
Sets quorum and presiding officer rules: Council quorum of seven including President (s 20); Assembly quorum 14 including Speaker (s 25); procedures for election of presiding officers and notification to the Governor (ss 21, 24).
Prescribes eligibility and disqualification rules for Members: residency and electoral enrolment requirements (s 14); restrictions on members of both Houses sitting together (s 14(3)); effects of becoming a federal MP (s 31); office of profit and contractor disqualifications and extensive exceptions and definitions (ss 32-33); various causes of vacation including bankruptcy, conviction, foreign allegiance, and nonattendance (s 34); voidness of election where a person is disqualified (s 35).
Current sections
Direct links to the current provisions in Constitution Act 1934.
*[Section 3 Amended by No. 88 of 1954, s. 2 ][Section 3 Amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
Assembly means the House of Assembly of the Parliament of Tasmania;
Council means the Legislative Council of the Parliament of Tasmania;
House means such one of the two Houses of Parliament as the context indicates;
municipality means a municipal area;
Parliament means the Parliament of Tasmania constituted as provided by this Act;
The Legislative Council and House of Assembly of Tasmania in being at any future demise of the Crown shall not be determined or dissolved by such demise, but, subject to the provisions of this Act, shall continue so long as they would have continued respectively but for such demise.
5
Demise of the Crown not to affect things done before proclamation thereof
5 Demise of the Crown not to affect things done before proclamation thereof
Any future demise of the Crown shall not affect anything done in this State before the day whereon the Governor, by his proclamation, has notified such demise, and all things done within this State at any time after such demise, but before the day of the publication of the Gazette containing such proclamation, and which but for this Act might be affected by such demise, shall have the same effect and be of the same force as if no such demise had happened.
6
Appointments, &c., by the Governor to continue in force notwithstanding demise of the Crown
6 Appointments, &c., by the Governor to continue in force notwithstanding demise of the Crown
Every commission, warrant, or other authority for the exercise of any office or employment of any kind or nature within the State issued or exercised by the Governor in Council, or the Governor, or by any other person in the name and on behalf of His Majesty in virtue of his office, or under the authority of any Act of the Imperial Parliament, or of the Parliament of the Commonwealth, or of the Parliament of Tasmania, or of any rules or regulations made thereunder respectively, shall continue in full force notwithstanding any future demise of the Crown until duly revoked or cancelled, and shall be of the same effect as if no such demise had happened; anything contained in an Act of the Imperial Parliament passed in the first year of His late Majesty King William the Fourth, chapter 4, to the contrary notwithstanding.
7
All process, &c., and engagements with or on behalf of His Majesty, to subsist and continue notwithstanding demise
7 All process, &c., and engagements with or on behalf of His Majesty, to subsist and continue notwithstanding demise
(1) No action, suit, or other process or proceeding, civil or criminal, in or to which His Majesty shall be a party, or which shall have been commenced or carried on in His name or by His authority, shall, by reason of His demise, abate, discontinue, or be in any manner affected; but every such action, suit, process, or proceeding shall and may be carried on, enforced, or otherwise completed or acted on in the name of His successor, and as if such demise had not happened.
(2) All contracts of every kind lawfully entered into by or on behalf of His Majesty with any person, body, or authority, and all benefit and advantage thereof, and all liability in respect thereof, shall respectively attach and belong to the heirs and successors of His Majesty, although they be not expressly named in any such contract.
8
Deputy-Governor's powers: Provision as to deputy of Lieutenant-Governor or Administrator
8 Deputy-Governor's powers: Provision as to deputy of Lieutenant-Governor or Administrator
(1) *[Section 8 Subsection (1) amended by No. 31 of 1971, s. 2 ]*In this section the said letters patent means the letters patent under the great seal of the United Kingdom bearing date 29th October 1900, as amended by the letters patent bearing date 31st August 1920, by the letters patent bearing date 22nd February 1934, and by the letters patent bearing date 25th May 1971, and includes any letters patent to be hereafter issued in amendment of, or in substitution for, the same.
(2) *[Section 8 Subsection (2) amended by No. 31 of 1971, s. 2 ]*During the temporary absence of the Governor from the seat of government or from the State or during any 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 said letters patent, shall and may be exercised, performed, and executed by the officer or person appointed by the Governor to be his deputy during such absence or illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(3) [Section 8 Subsection (3) amended by No. 66 of 2009, Sched. 1, Applied:30 Nov 2009] *[Section 8 Subsection (3) amended by No. 31 of 1971, s. 2 ]*During any period when the powers and authorities in the said letters patent granted to the Governor are vested in the Lieutenant-Governor or such other person or persons as is or are appointed to administer the Government of the State, the provisions of subsection (2) shall apply to the person appointed to be the deputy of the Lieutenant-Governor, or of such other person or persons appointed to administer the government as aforesaid, during his temporary absence from the seat of government or from the State or during his illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(4) Any exercise, performance, or execution before the passing of this Act of any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity, and shall have and be deemed to have had the same force and effect, as if this Act had been in force at the time of such exercise, performance, or execution.
Appointment and tenure of office of Ministers of the Crown
8B Appointment and tenure of office of Ministers of the Crown
[Section 8B Inserted by No. 82 of 1977, s. 2 ]
(1) No person shall be appointed a Minister of the Crown unless he is a member of the Council or the Assembly, and, subject to the following provisions of this section, a Minister of the Crown ceases to hold office as such on ceasing to be a member of the Council or the Assembly.
(2) Where a member of the Council, on the expiry of his term of office as such in any year, also holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the periodical election of members of the Council in that year.
(3) Where, at the dissolution of the Assembly, or on its ceasing to continue, a member thereof holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the ensuing general election.
(4) If, as provided in subsection (2) or subsection (3) , a person continues in office as a Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs referred to in either of those sections, he then ceases to hold office as a Minister of the Crown unless, since the return of the writs, he has again been appointed a Minister of the Crown.
8C
Special provisions as to Attorney-General
8C Special provisions as to Attorney-General
[Section 8C Inserted by No. 82 of 1977, s. 2 ]
(1) *[Section 8C Subsection (1) amended by No. 16 of 1982, s. 5 ]*Except as provided in this section, no office, power, duty, authority, obligation, or discretion that is by law conferred or imposed upon the Attorney-General shall be allocated to, or exercised or discharged by, any other Minister of the Crown or the Secretary to Cabinet.
(2) In any case in which he considers it expedient so to do, the Governor may appoint another Minister of the Crown to be Acting Attorney-General for a specified period or until the happening of a specified event, and during the continuance of the appointment that Minister may exercise, perform and discharge all the powers, duties, authorities, obligations, and discretions conferred or imposed by law upon the Attorney-General or appertaining to the office of Attorney-General in as full, complete and effectual manner as if he were the holder of the office of Attorney-General.
8D.
8D.
[Section 8D Repealed by No. 4 of 1990, s. 10 ]
8E
Minister acting on behalf of another
8E Minister acting on behalf of another
*[Section 8E Inserted by No. 82 of 1977, s. 2 ]*Except as provided in section 8C any official document requiring the signature or execution of any particular Minister shall be valid and effectual if it is signed or executed on his behalf by any other Minister.
8F
Appointment of Secretary to Cabinet
8F Appointment of Secretary to Cabinet
[Section 8F Inserted by No. 16 of 1982, s. 6 ]
(1) The Governor may, from time to time, appoint a Member of the Council or the Assembly to hold office as Secretary to Cabinet.
(2) A person shall not be appointed to hold office as Secretary to Cabinet if he is a Minister of the Crown.
(3) A person shall not be appointed as a Minister of the Crown if he is holding office as Secretary to Cabinet.
8G
Functions of Secretary to Cabinet
8G Functions of Secretary to Cabinet
[Section 8G Inserted by No. 16 of 1982, s. 6 ]
(1) The Secretary to Cabinet shall have and may perform such functions with respect to the affairs of the State as the Premier may, from time to time, determine in respect of him.
(2) Nothing in this section authorizes the Secretary to Cabinet to perform any functions that may, by the terms (express or implied) of an Act or instrument under an Act, or by or under any other law, only be performed by some other person.
8H
How Secretary to Cabinet ceases to hold office
8H How Secretary to Cabinet ceases to hold office
[Section 8H Inserted by No. 16 of 1982, s. 6 ]
(1) *[Section 8H Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. I ]*A person holding office as Secretary to Cabinet ceases to hold that office –
(a) when he dies;
(b) if he resigns his office as such by writing under his hand addressed to the Governor;
(c) if he is removed from office as such by the Governor;
(d) where the person is a Member of the Council –
(i) on vacating his seat as a Member of the Council, otherwise than by reason of the fact that his term of office as such has expired; or
(ii) if his term of office as such a Member expires – on the expiration of 7 days following the day of the return of the writs for the periodical election of Members of the Council next following the expiry of his term of office as such a Member; or
(e) where the person is a Member of the Assembly –
(i) on vacating his seat as a Member of the Assembly, otherwise than by reason of the fact that the Assembly has been dissolved or has expired by effluxion of time; or
(ii) on the expiration of the period of 7 days following the day of the return of the writs for the general election next following his appointment to hold office as Secretary to Cabinet.
(2) The Governor may, for any cause which appears to him to be sufficient, remove from office any person who is holding office as Secretary to Cabinet.
8I
Notice to be given of appointment to certain offices
8I Notice to be given of appointment to certain offices
Continuation of existing Houses: Continuance in office of Members
9 Continuation of existing Houses: Continuance in office of Members
(1) The Legislative Council and House of Assembly as at present constituted shall be continued under, and subject to, the provisions of this Act.
(2) Subject to the provisions of this Act, all Members of Parliament holding office at the passing of this Act shall continue so to do, and every such Member, or, if he shall sooner vacate his office, the person, if any, who is elected to fill his place, otherwise than at a periodical election, shall retire at the time at which such Member would have retired by effluxion of time if this Act had not been passed.
10
The Parliament of Tasmania
10 The Parliament of Tasmania
The Governor and the Legislative Council and House of Assembly shall together constitute the Parliament of Tasmania.
11
Annual sessions
11 Annual sessions
There shall be a session of Parliament once in every year, so that a period of 12 months shall not intervene between the last sitting in one session and the first sitting in the next session.
12
Governor to fix times for sittings; Delay in return of writs
12 Governor to fix times for sittings; Delay in return of writs
(1) The Governor shall fix the times and places for holding the sessions of Parliament, and may alter or vary the same respectively as he may think fit, giving due notice thereof.
(2) The Governor, by proclamation, may prorogue Parliament or dissolve the Assembly whenever he shall deem it expedient so to do, but shall not have power to dissolve the Council.
(3) The Governor shall call Parliament together for the despatch of business after every general election of members of the Assembly, within 90 days after the dissolution of the Assembly, unless the Governor, by proclamation, shall extend the time for so doing by such further period not exceeding 30 days as he may think necessary.
(4) If any delay occurs in the return of any writ issued for the election of members of either House, and, in consequence of the non-return thereof, the number of Members of such House is not complete on the day for which Parliament is called together as aforesaid, such House may nevertheless proceed to business if duly summoned for that purpose so long as the deficiency in the number of Members thereby occasioned does not exceed 2 in the case of the Council or four in the case of the Assembly.
13
Special sittings of Parliament
13 Special sittings of Parliament
(1) Where the sittings of both or either of the Houses shall stand adjourned, and, in the opinion of the Governor, it is desirable that Parliament shall be called together for the despatch of business before the expiration of such adjournment, the Governor, by proclamation, may declare that Parliament shall meet on such day, not being less than 6 days after the date of such proclamation, as may be therein specified.
(1A) *[Section 13 Subsection (1A) inserted by No. 11 of 1958, s. 2 ]*When Parliament stands prorogued to a certain day and, in the opinion of the Governor, it is desirable that Parliament shall be called together for the despatch of business before the day to which it is prorogued, the Governor may, by proclamation, prorogue Parliament to such earlier date, not being less than 6 days after the date of the proclamation, as may be therein specified, and in such a case Parliament stands prorogued to that date notwithstanding the previous prorogation.
(2) *[Section 13 Subsection (2) amended by No. 54 of 1967, s. 2 ]*Every order which shall have been made by either House and appointed for the day to which such House was so adjourned, or for any subsequent day, shall be deemed to have been appointed for the day on which Parliament shall meet in pursuance of a proclamation under subsection (1) , but this provision shall not extend or apply to any such order that shall have been specially appointed by such House for a particular day and declared, notwithstanding any meeting of Parliament, to be so fixed, or to any order made under any Act.
14
Qualification of Members
14 Qualification of Members
[Section 14 Amended by 9 & 10 Geo. VI No. 48, s. 3 ][Section 14 Amended by No. 33 of 1959, s. 2 ][Section 14 Amended by No. 26 of 1963, s. 2 ]**[Section 14 Amended by No. 68 of 1968, s. 2 ]
(1) [Section 14 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] *[Section 14 Subsection (1) substituted by No. 36 of 1983, s. 4 ][Section 14 Subsection (1) amended by No. 7 of 1985, s. 4 and Sched. 1 ][Section 14 Subsection (1) amended by No. 17 of 1992, s. 4 ]*Every person who, under the provisions of the Electoral Act 2004 , is an elector, or is entitled to have his name placed on the roll for a division for the House in respect of which he is nominated as a candidate for election shall, unless he is disqualified by virtue of this Act or the Electoral Act 2004 , be capable of being elected as a Member of that House if he–
(a) has resided in Tasmania continuously for a period of 5 years at any one time; or
(b) has resided in Tasmania for a period of 2 years immediately preceding his nomination as such a candidate.
(3) No person shall be capable of being a Member of both Houses at the one time.
15
Resignation
15 Resignation
Any Member of either House, by writing under his hand addressed to the Governor, may resign his seat therein, and upon receipt by the Governor of such resignation the seat of such Member shall become vacant.
16.
16.
[Section 16 Repealed by No. 26 of 1962, s. 3 ]
17
Houses to make standing orders
17 Houses to make standing orders
(1) Each House, as occasion may arise, shall prepare and adopt such standing rules and orders as shall appear to it to be best adapted for the orderly conduct of the business of such House; for the mode in which such House shall confer, correspond, and communicate with the other House; for the manner in which Bills shall be introduced, passed, numbered, and intituled in such House; for the proper presentation of Bills to the Governor for His Majesty's assent; and generally for the conduct of all business and proceedings of such House and of both Houses collectively.
(2) All such rules and orders shall be laid before the Governor by the House making them and, being approved by him, shall become binding and of force.
(a) at every alternate periodical election of members of the Council 2 members are to retire and 2 members are to be elected to fill the vacancies so created; and
(b) at every other periodical election of members of the Council 3 members are to retire and 3 members are to be elected to fill the vacancies so created.
(4) [Section 19 Subsection (4) amended by No. 12 of 1999, s. 8, Applied:14 Apr 1999] *[Section 19 Subsection (4) substituted by 9 & 10 Geo. VI No. 48, s. 5 ][Section 19 Subsection (4) amended by No. 1 of 1953, s. 2 ][Section 19 Subsection (4) amended by No. 54 of 1967, s. 3 ]*In the event of a poll being required for any such election the same shall be held on the first Saturday in the month of May, or on such other day (being a Saturday) in the month of May as the Governor may, by proclamation, appoint in that behalf in respect of the periodical elections to be held in any particular year.
(5) At any such election the retiring Member if otherwise qualified shall be eligible for re-election.
(6) If the seat of any member of the Council becomes vacant otherwise than by effluxion of time, the person elected to fill such vacancy shall hold office only until the expiration of the period for which the vacating Member was elected.
(2) All questions shall be decided by the majority of the votes of the Members present, exclusive of the President.
(3) In the event of an equality of votes the President or such person as aforesaid shall have a casting vote.
21
Election of President
21 Election of President
(1) Whenever the office of President becomes vacant by the death, resignation, or removal from office of the President, the Council, before proceeding to any other business, shall elect some other Member to be President thereof.
(2) Whenever the President or the Chairman of Committees of the Council retires by effluxion of time, he shall continue to hold office until the next meeting of Parliament unless he is not re-elected as a Member.
(3) The election of President shall be notified to the Governor by a deputation of the Council.
(4) The President if present shall preside at all meetings of the Council, but, in the event of his absence through leave granted to him by the Council or through illness or any other unavoidable cause, the Council may choose some other Member thereof to fill temporarily the office and perform the duties of President during his absence.
(5) The divisions of the Assembly comprise the areas described in Schedule 4 .
23
Four year Parliaments
23 Four year Parliaments
[Section 23 Substituted by No. 79 of 1972, s. 2 ]
(1) The Assembly chosen at the general election held on 22nd April 1972 shall continue for 5 years from the day of the return of the writs for that general election and no longer, unless it is sooner dissolved by the Governor.
(2) Every subsequent Assembly shall continue for 4 years from the day of the return of the writs for the general election at which the Members thereof were elected and no longer, unless it is sooner dissolved by the Governor.
24
Election of Speaker
24 Election of Speaker
(1) The Assembly, at its first meeting after a general election, and before proceeding to the despatch of any other business, shall elect one of its Members to be Speaker thereof.
(2) Whenever the office of Speaker shall become vacant through the death, resignation, or removal from office of the Speaker, the Assembly shall elect some other Member thereof to be Speaker.
(3) The election of the Speaker shall be notified to the Governor by a deputation of the said House.
(4) In the event of a dissolution of the Assembly the Speaker and the Chairman of Committees of the Assembly respectively shall hold office until the election held in consequence of such dissolution and, if he is re-elected at such election, until the next meeting of Parliament, but the Speaker shall not preside over any sitting of the Assembly until he has been re-elected as Speaker.
(5) The Speaker, if present, shall preside at all sittings of the Assembly, but in case of his absence through leave of absence granted to him by the Assembly, or through illness or any other unavoidable cause, the Assembly may choose some other Member to fill temporarily the office, and perform the duties, of Speaker during his absence.
(2) *[Section 25 Subsection (2) amended by No. 80 of 1970, s. 2 ]*Except as provided in subsection (2A) , all questions shall be decided by a majority of the votes of the Members present, exclusive of the Speaker.
(2A) *[Section 25 Subsection (2A) inserted by No. 80 of 1970, s. 2 ]*Notwithstanding subsection (2) , a question relating to –
(a) the rescission of a resolution or vote of the Assembly; or
(b) the suspension of any standing order of the Assembly –
shall, in such cases and on such conditions, if any, as may be prescribed in the standing orders of the Assembly, be decided by such a special majority of the votes of the members thereof as may be prescribed in relation to such a question in those standing orders.
(3) In the event of an equality of votes, the Speaker or such person as aforesaid shall have a casting vote.
[Section 27 Subsection (1) amended by No. 33 of 1955, s. 2 ][Section 27 Subsection (1) amended by No. 91 of 1958, s. 4 ][Section 27 Subsection (1) amended by No. 12 of 1985, s. 4 ][Section 27 Subsection (2) substituted by No. 17 of 1992, s. 5 ][Section 27 Repealed by No. 31 of 1998, s. 14, Applied:28 Jul 1998]
28
Assembly and Council electors
28 Assembly and Council electors
[Section 28 Substituted by No. 36 of 1983, s. 5 ][Section 28 Subsection (1) amended by No. 88 of 1986, s. 3 and Sched. 1 ][Section 28 Subsection (1) amended by No. 7 of 1985, s. 4 and Sched. 1 ]**[Section 28 Subsection (2) amended by No. 7 of 1985, s. 4 and Sched. 1 ][Section 28 Substituted by No. 51 of 2004, Sched. 8, Applied:16 Feb 2005] Subject to the provisions of this Act and the Electoral Act 2004 , every person who is aged 18 years or more and is an Australian citizen is entitled to be enrolled on the State roll as an elector –
(a) for the Assembly division in which the person lives; and
(b) for the Council division in which the person lives –
and, when so enrolled, is qualified to vote at any election of a Member to serve in either of those divisions.
29.
29.
[Section 29 Substituted by No. 36 of 1983, s. 6 ][Section 29 Subsection (1) amended by No. 7 of 1985, s. 4 and Sched. 1 ][Section 29 Subsection (1) amended by No. 88 of 1986, s. 3 and Sched. 1 ][Section 29 Subsection (1) amended by No. 17 of 1992, s. 6 ][Section 29 Subsection (2) amended by No. 7 of 1985, s. 4 and Sched. 1 ][Section 29 Subsection (2) amended by No. 17 of 1992, s. 6 ][Section 29 Repealed by No. 51 of 2004, Sched. 8, Applied:16 Feb 2005]
Division 5
Disqualification: Vacation of office: Penalty
Division 5 Disqualification: Vacation of office: Penalty
(1) No Member of either House may act or vote in the House until he or she has either –
(a) after becoming a Member and before the day on which the Promissory Oaths Act 2015 commences, taken before the Governor, or before another person authorised by the Governor to administer it, the oath of allegiance prescribed by the former Promissory Oaths Act 1869 ; or
(b) after becoming a Member and after the day on which the Promissory Oaths Act 2015 commences, taken and subscribed under section 3(1) of that Act the oath of allegiance.
(2) It is not necessary for a Member who has taken the oath of allegiance to take that oath again after any demise of the Crown, including by or on abdication.
31
Commonwealth membership
31 Commonwealth membership
(1) No Member of either House of the Parliament of the Commonwealth shall be capable of sitting as a Member of either House of this State.
(2) If a Member of either House of this State becomes a Member of either House of the Parliament of the Commonwealth, his place in the State House shall become vacant upon the day the Returning Officer declares him elected a Member of either House of the Parliament of the Commonwealth.
(3) If any Minister of the Crown of this State accepts office as a Minister of the Crown under the Commonwealth his office as a Minister of the Crown of this State shall, upon such acceptance, become vacant.
32
Office of profit
32 Office of profit
(1) *[Section 32 Subsection (1) amended by No. 26 of 1963, s. 7 ]*Except as otherwise expressly provided, if any Member of either House shall accept any pension payable, out of the Public Account, during the pleasure of the Crown or any office of profit or emolument by the appointment of –
(a) the Governor or the Governor in Council; or
(b) a State instrumentality –
his seat shall thereupon become vacant.
(2) *[Section 32 Subsection (2) substituted by No. 26 of 1963, s. 7 ]**[Section 32 Subsection (2) amended by No. 16 of 1982, s. 7 ]*The provisions of subsection (1) do not apply to a person by reason only that he holds the office of Minister of the Crown or Secretary to Cabinet for this State.
(3) *[Section 32 Subsection (3) amended by No. 16 of 1982, s. 7 ]*No judge of the Supreme Court, and no person holding any office of profit or emolument to which the provisions of subsection (1) apply, shall be capable of being elected to, or of holding, a seat in either House.
State instrumentality means a State instrumentality as defined in section 33(6) .
33
Contractors
33 Contractors
[Section 33 Amended by No. 9 of 1982, s. 7 and Sched. 10 ]
(1) *[Section 33 Subsection (1) amended by No. 26 of 1963, s. 8 ]*Subject to this section, any person who shall directly or indirectly himself or by any person whatsoever in trust for him or for his use or benefit or on his account, undertake, execute, hold, or enjoy in the whole or in part, any contract or agreement with the Government of the State shall be incapable of being elected or of sitting or voting as a Member of either House during the time he shall execute, hold, or enjoy any such contract or any part or share thereof or any benefit or emolument arising from the same, and if any Member shall enter into any such contract or agreement or having entered into it shall continue to hold it, his seat shall be vacant.
(2) [Section 33 Subsection (2) substituted by No. 26 of 1963, s. 8 ]Subsection (1) does not render a person incapable of being elected or of sitting or voting as a Member of either House or render the seat of a Member vacant by reason only of the making, entering into, or acceptance of a contract or agreement by a corporation (not being a prescribed corporation) consisting of more than 30 members where the contract or agreement is made, entered into, or accepted for the general benefit of the corporation.
(2A) *[Section 33 Subsection (2A) inserted by No. 26 of 1963, s. 8 ]**[Section 33 Subsection (2A) amended by No. 9 of 1982, s. 7 and Sched. 10 ]*For the purposes of subsection (2) , a prescribed corporation is a corporation –
(a) in which a Member or other person to whom that subsection relates holds one-fifth or more of –
(i) the total number for the time being of the issued shares of all classes; or
(ii) the total amount of the stock for the time being;
(b) in which the Member or other person is entitled to exercise, or to control the exercise, of one-fifth or more of the total voting rights; or
(2B) *[Section 33 Subsection (2B) inserted by No. 26 of 1963, s. 8 ]*For the purposes of subsection (2A) , shares or stock held, or voting rights exercisable, by a member of the family of the Member or other person shall be deemed to be shares or stock held, or voting rights exercisable, by that Member or person.
(3) *[Section 33 Subsection (3) amended by No. 26 of 1963, s. 8 ][Section 33 Subsection (3) amended by No. 54 of 1967, s. 4 ][Section 33 Subsection (3) amended by No. 66 of 1972, s. 2 ][Section 33 Subsection (3) amended by No. 2 of 1981, s. 2 ][Section 33 Subsection (3) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. I ]**[Section 33 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 ]*The provisions of subsection (1) shall not apply in respect of any contract or agreement –
(a) for the purchase or lease of any land of the Crown under and in pursuance of any Act authorizing the same;
(b) for the sale or surrender of any land resumed or acquired by the Crown for any public purpose under the provisions of any Act if the purchase money or consideration has been determined by arbitration or by a judicial tribunal or has been approved by a resolution of both Houses;
(c) for or in respect of a loan to the Treasurer or any person authorized to borrow on behalf of the State;
(ca) for or in relation to the making of a loan by Tasmania Development and Resources, if the loan is made upon the like conditions and at the same rate of interest (if any) as would be applicable if the loan were made to any other private person;
(cb) for or in relation to the education of a person who is wholly or partly dependent on a Member (including, but without prejudice to the generality of this paragraph) –
(i) the conveyance of such a person to or from a college, school, or other educational establishment;
(ii) the granting or payment to such a person of any allowance in connection with a course of studies; and
(iii) the granting, tenure, or enjoyment of any bursary, scholarship, award, or exhibition –
if the contract or agreement is entered into or made by the Member as a private citizen and upon and subject to the same conditions as would be applicable if it had been entered into or made with any other private person;
(d) for the provision or supply of any prescribed service or the sale or supply, by public auction or public tender, of any goods or the provision for any insurance or indemnity which the State or any State instrumentality on its behalf supplies or undertakes to, for, or for the use of, the public generally if the same –
(i) is entered into by the Member as a private citizen; and
(ii) is subject to the like conditions, and for a consideration of the like amount, or calculated upon a like basis, as would be applicable respectively to such contract or agreement if the same were made by the State or such State instrumentality with any other private person; or
if the loan is made upon the like conditions and at the same rate of interest as would be applicable if the loan were made to any other private person.
(4) [Section 33 Subsection (4) inserted by No. 26 of 1963, s. 8 ]Subsection (1) does not operate so as to render a person incapable of being elected, or of sitting or voting, as a Member of either House by reason of his having entered into any contract or agreement to which that subsection relates if, but only if –
(a) the contract or agreement was entered into by the Member before the date on which he was nominated for election; and
(b) not later than 6 months after the date of his election as a Member the contract or agreement is effectually terminated or rescinded.
(5) *[Section 33 Subsection (5) inserted by No. 26 of 1963, s. 8 ]*For the purposes of this section, a contract or agreement with the Government of the State is a contract or agreement –
(a) that is entered into by or on behalf of the State, or by any Minister of the Crown in his capacity as such, or by any Department; or
(b) that is entered into by or on behalf of a State instrumentality.
(6) *[Section 33 Subsection (6) added by No. 26 of 1963, s. 8 ][Section 33 Subsection (6) amended by No. 54 of 1967, s. 4 ][Section 33 Subsection (6) amended by No. 66 of 1972, s. 2 ][Section 33 Subsection (6) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 33 Subsection (6) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. I ][Section 33 Subsection (6) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 33 Subsection (6) amended by No. 77 of 1995, s. 3 and Sched. 1 ]**[Section 33 Subsection (6) amended by No. 61 of 1996, s. 15 ]*In this section –
agricultural operations includes horticulture, dairy farming, bee keeping, poultry farming, and the use of land as grazing land or pasture land;
(f) medical, surgical, dental, or hospital treatment;
(g) professional or technical services in connection with the carrying on of agricultural operations; and
(h) any other service that is declared, by resolution of both Houses, to be a prescribed service for the purposes of this section;
State instrumentality means any person or body of persons (whether incorporated or unincorporated) constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, or undertaking on behalf of the State, and (without affecting the generality of this definition) includes –
*[Section 34 Amended by No. 26 of 1963, s. 9 ]*If any Member of either House shall –
(a) for one entire session thereof, fail to give his attendance therein without the permission of such House;
(b) take any oath or make any declaration or act of acknowledgment of allegiance or adherence to any foreign prince or power;
(c) do, or concur in, or adopt, any act whereby he may become a subject or citizen of any foreign state or power;
(d) become bankrupt, or take the benefit of any law relating to bankruptcy;
(e) be attainted of treason or be convicted of any crime and is sentenced or subject to be sentenced to imprisonment for any term exceeding one year unless he has received a free pardon in respect thereof; or
(f) become of unsound mind –
his seat in such House shall thereupon become vacant.
35
Election and return void in certain cases
35 Election and return void in certain cases
[Section 35 Substituted by No. 26 of 1963, s. 10 ]**[Section 35 Amended by No. 7 of 1985, s. 4 and Sched. 1 ][Section 35 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] If a person who is, by virtue of the operation of any provision of this Act or of the Electoral Act 2004 , disqualified from or incapable of being elected, or disqualified from or incapable of sitting or voting, as a Member of either House, is elected and returned, his election and return is void.
Part IV
Money Bills: Powers of Houses
Part IV Money Bills: Powers of Houses
36
Interpretation
36 Interpretation
*[Section 36 Amended by No. 54 of 1986, s. 3 and Sched. 1 ]*In this Part –
(a) the cost of the ordinary annual services of the Government;
(b) expenditure on public works or any property required for public purposes; or
(c) the making of a loan authorized by law;
Income Tax Rating Act means an Act which fixes or declares the rate or rates of tax in respect of incomes, to be paid under the provisions of any Act providing for the payment of such tax;
Land Tax Rating Act means an Act which fixes or declares the rate or rates of tax in respect of the taxable value of land, to be paid under the provisions of any Act providing for the payment of such tax.
37
Money Bills to originate in the Assembly
37 Money Bills to originate in the Assembly
[Section 37 Amended by No. 54 of 1967, s. 5 ]
(1) *[Section 37 Subsection (1) amended by No. 54 of 1986, s. 3 and Sched. 1 ]*A vote, resolution, or Bill for the appropriation of any money, or for the imposition of a tax, rate, duty, or impost, shall originate in the Assembly.
(2) *[Section 37 Subsection (2) amended by No. 54 of 1986, s. 3 and Sched. 1 ]*A vote, resolution, or Bill shall not be deemed to be a vote, resolution, or Bill for the appropriation of any money, or for the imposition of a tax, rate, duty, or impost by reason only of its containing provisions –
(a) for the imposition or appropriation of fines or other pecuniary penalties; or
(b) for the demand, or payment, or appropriation of fees for licences, or fees for services thereunder.
38
Money votes, &c., to be recommended by the Governor
38 Money votes, &c., to be recommended by the Governor
[Section 38 Substituted by No. 80 of 1970, s. 3 ]
(1) *[Section 38 Subsection (1) amended by No. 54 of 1986, s. 3 and Sched. 1 ]*The Assembly shall not pass a vote, resolution, or Bill for the appropriation of any money or of any tax, rate, duty, or impost unless the purpose of the appropriation is, in the same session, recommended to the Assembly by the Governor.
(2) An infringement or non-observance of the provisions of subsection (1) shall not be held to affect the validity of any Act that is assented to by the Governor after the commencement of this section.
39
Limitation of matters to be dealt with in Appropriation Bills
39 Limitation of matters to be dealt with in Appropriation Bills
*[Section 39 Amended by No. 54 of 1986, s. 3 and Sched. 1 ]*A Bill for an Appropriation Act shall not –
(1) An Income Tax Rating Act and a Land Tax Rating Act are to deal only with the fixing or declaration of the rate or rates of tax to be paid –
(a) in the case of an Income Tax Rating Act, in respect of incomes; and
(b) in the case of a Land Tax Rating Act, in respect of the taxable value of land.
(2) An Income Tax Rating Act is to fix or declare the rate or rates of tax for one year only otherwise it is of no effect.
41A
Powers of the Assembly in respect of its own duration
41A Powers of the Assembly in respect of its own duration
*[Section 41A Inserted by No. 79 of 1972, s. 3 ]*The Assembly may not pass any Bill to amend section 23 unless not less than two-thirds of its Members vote for passing the Bill or for a motion on the passing of which the Bill will be deemed to have passed.
42
Powers of the Council in respect of the amendment of Bills
42 Powers of the Council in respect of the amendment of Bills
(1) *[Section 42 Subsection (1) substituted by No. 54 of 1986, s. 3 and Sched. 1 ]*The Council may not amend –
(2) Except as mentioned in subsection (1) , the Council may amend any vote, resolution, or Bill: Provided, however, that the Council may not, by any amendment to a vote, resolution, or Bill –
(a) insert any provision therein for the appropriation of moneys; or
(b) impose or increase any burden on the people.
43
Power of the Council to request amendment of Bills which it may not amend
43 Power of the Council to request amendment of Bills which it may not amend
(1) The Council may, at any stage of a Bill which it may not amend, return such Bill to the Assembly, requesting, by message, the amendment of the Bill in all or any of the following respects, namely:
(a) The deletion of any item or provision;
(b) The amendment of any item or provision;
(c) The insertion of any item or provision.
(2) The Assembly may, if it thinks fit, make any of such deletions, amendments, or insertions, with or without modifications.
44
Power of the Council to reject Bills which it may not amend
44 Power of the Council to reject Bills which it may not amend
The Council may reject any vote, resolution, or Bill.
45
General powers of the Council and the Assembly
45 General powers of the Council and the Assembly
Except as otherwise expressly provided in this Part, the Council and the Assembly shall, in all respects, have equal powers.
Part IVA
Local Government
Part IVA Local Government
[Part IVA Inserted by No. 42 of 1988, s. 4 ]
45A
Elected municipal councils
45A Elected municipal councils
[Section 45A Inserted by No. 42 of 1988, s. 4 ]
(1) There shall be in Tasmania a system of local government with municipal councils elected in such manner as Parliament may from time to time provide.
(2) Each municipality shall have such powers as Parliament may from time to time provide, being such powers as Parliament considers necessary for the welfare and good government of the area in respect of which the municipality is constituted.
45B
Certain laws not affected
45B Certain laws not affected
[Section 45B Inserted by No. 42 of 1988, s. 4 ]Section 45A does not affect the operation of any law –
(a) prescribing circumstances in which the offices of members of a municipal council shall become and remain vacant;
(b) providing for the administration of any area of the State –
(i) to which the system referred to in that section does not for the time being extend; or
(ii) when the offices of all the members of the municipal council for that area are vacant; or
(c) conferring any power relating to local government on a person other than a municipal council.
45C
Municipal areas
45C Municipal areas
*[Section 45C Substituted by No. 30 of 1995, s. 3 and Sched. 1 ]*Any division of Tasmania into municipal areas is not to be altered without the recommendation of the Local Government Board established under the Local Government Act 1993 .
Part V
General Provisions
Part V General Provisions
46
Religious freedom
46 Religious freedom
(1) Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
(2) No person shall be subject to any disability, or be required to take any oath on account of his religion or religious belief and no religious test shall be imposed in respect of the appointment to or holding of any public office.
47
Application of amendments made by Expansion of House of Assembly Act 2022
47 Application of amendments made by Expansion of House of Assembly Act 2022
amending Act means the Expansion of House of Assembly Act 2022;
commencement day means the day on which the amending Act commences.
(2) The amendments to this Act effected by the amending Act do not apply until the next expiration or dissolution of the House of Assembly after the commencement day.
(3) Despite the amendments to this Act effected by the amending Act, the provisions of this Act that are amended by the amending Act, as those provisions were in force immediately before the commencement day, continue in force until the next expiration or dissolution of the House of Assembly after the commencement day.
(4) Despite subsections (2) and (3) , the amendments to this Act effected by the amending Act do apply to the extent that is necessary or expedient for the purpose of enabling those amendments to be brought into operation, or given full effect, on the next expiration or dissolution of the House of Assembly after the commencement day.
| BASS |
| The area shown on Plan 10663 in the Central Plan Register as the Division of Bass |
| BRADDON |
| The area shown on Plan 10664 in the Central Plan Register as the Division of Braddon |
| CLARK |
| The area shown on Plan 10665 in the Central Plan Register as the Division of Clark |
| FRANKLIN |
| The area shown on Plan 10666 in the Central Plan Register as the Division of Franklin |
| LYONS |
| The area shown on Plan 10667 in the Central Plan Register as the Division of Lyons |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title
1 Short title
This Act may be cited as the Constitution Act 1934 .
2.
[Section 2 Repealed by 25 Geo. V No. 78 ]
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 88 of 1954, s. 2 ][Section 3 Amended by No. 41 of 1961, s. 5 and Sched. 4 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
Assembly means the House of Assembly of the Parliament of Tasmania;
Council means the Legislative Council of the Parliament of Tasmania;
House means such one of the two Houses of Parliament as the context indicates;
municipality means a municipal area;
Parliament means the Parliament of Tasmania constituted as provided by this Act;
[Section 3 Amended by No. 31 of 1998, s. 4, Applied:28 Jul 1998][Section 3 Amended by No. 38 of 2023, s. 4, Applied:01 Jul 2024]
[Section 3 Amended by No. 51 of 2004, Sched. 8, Applied:16 Feb 2005]State roll has the same meaning as in the Electoral Act 2004 ;
[Section 3 Amended by No. 38 of 2023, s. 4, Applied:01 Jul 2024]Tasmanian Augmented Electoral Commission means the Tasmanian Augmented Electoral Commission appointed under section 4 of theLegislative Council Electoral Boundaries Act 1995 ;
ward means an electoral district within the meaning of the Local Government Act 1993 .
Part II The Crown
Requires oath of allegiance before a Member may act or vote, as set by the Promissory Oaths Act 2015 or earlier rules (s 30).
Regulates money Bills and the financial process: money Bills must originate in the Assembly (s 37); the Governor must recommend money votes and taxes (s 38); Appropriation Acts are limited to money matters and to a one‑year appropriation period (ss 39-40); Income Tax and Land Tax Rating Acts are limited to fixing rates and Income Tax Rating Acts are annual (s 41).
Limits executive composition: a cap on the number of Ministers of the Crown (no more than 11, or 10 if a Secretary to Cabinet is appointed) (s 8A); requirements for Ministers to be members of either House and tenure rules on ceasing to be Members (s 8B); special allocation rules for Attorney‑General functions (s 8C); Secretary to Cabinet appointment rules and functions, and the requirement that a Secretary to Cabinet not be a Minister (ss 8F-8H, 8G).
Preserves continuity on the demise of the Crown: Parliament is not dissolved by demise, and commissions, processes, and contracts remain valid (ss 4-7).
Recognises municipal government as elected municipal councils with powers Parliament may provide, and restricts alteration of municipal boundaries without a recommendation from the Local Government Board (ss 45A, 45C).
Guarantees freedom of conscience and religion subject to public order and morality (s 46).
Supplies transitional application for the 2022 expansion of the Assembly, deferring its effect until the next expiration or dissolution of the Assembly after the commencement day, while allowing necessary preparatory steps (s 47).
The Act contains numerous cross references to other statutes for operational definitions and mechanisms, for example the Electoral Act 2004, the Legislative Council Electoral Boundaries Act 1995, the Promissory Oaths Act 2015, the Financial Management Act 2016, and the Local Government Act 1993 (see s 3 and many other provisions).
The official purpose is embedded in the operative provisions: to prescribe the constitutional composition, electoral mechanics, executive appointment rules, money‑Bill controls, and local government recognition. Those mechanical arrangements determine who decides (Governor, Assembly, Council, and electoral authorities), who pays (expenditure approved out of the Public Account as defined by Financial Management Act 2016, s 36), and what procedural and substantive limits apply to legislative and executive action (for example ss 37-41 and ss 8A-8G).
Main concepts
This Act centralises a small set of constitutional concepts that structure Tasmania’s parliamentary and executive operation. Key concepts and their statutory location and mechanics are:
Parliament as a composite body: the Governor with both Houses together constitute Parliament (s 10). The Governor has explicit authority to prorogue and dissolve the Assembly (s 12(2)) and to fix sittings (s 12(1)).
Two distinct Houses with defined composition and functions: Legislative Council with 15 members, each representing a Council division as determined under the Legislative Council Electoral Boundaries Act 1995 (s 18); House of Assembly with 35 members in five seven‑member divisions (s 22(1)-(3), Schedule 4).
Electoral and enrolment qualifications: a person eligible under the Electoral Act 2004 and meeting specified residency requirements may be elected (s 14). Enrolment criteria for voting are cross‑referenced to the State roll and Electoral Act 2004 (s 3; s 28).
Money‑Bill doctrine for Tasmania: appropriation and taxation Bills must originate in the Assembly (s 37). The Governor must recommend money votes (s 38). Appropriation Bills have strictly limited subject‑matter scope and one‑year temporal scope (ss 39-40). Income and land tax rating Acts are similarly constrained to rate fixation and a one‑year horizon for income tax (s 41).
Executive composition and constraints: a statutory cap on Ministers (s 8A), the requirement Ministers be members of Parliament (s 8B(1)), and the special reserved position of Attorney‑General functions (s 8C). Appointment and tenure of a Secretary to Cabinet are regulated, including the bar on the Secretary being a Minister (s 8F(2)-(3)) and the effect that appointment has on the ministerial cap (s 8A).
Disqualifications and vacancies: multiple pathways to automatic vacation of a seat, including acceptance of certain offices of profit (s 32), contracts with the State (s 33), bankruptcy or conviction leading to sentence exceeding one year (s 34(e)), foreign allegiance (s 34(b)-(c)), and extended nonattendance (s 34(a)). Section 35 expressly voids election and return where disqualified individuals are returned.
Contracting and State instrumentality rules: s 33 sets a broad prohibition on Members holding contracts with the Government, subject to enumerated exceptions, detailed definitions of State instrumentalities, prescribed services, members of the family, and prescribed corporations, and exceptions for common public procurement methods and specific financial arrangements.
Oaths and continuity: s 30 requires an oath of allegiance before a Member may act or vote, referencing the Promissory Oaths Act 2015; ss 4-7 ensure continuity of commissions and Crown processes despite a demise of the Crown.
Local government recognition and boundary change constraints: s 45A establishes elected municipal councils and s 45C requires the Local Government Board recommendation before municipal boundaries are altered.
Operationally, the Act is modular and cross‑referential. Many definitions are delegated into other statutes (for example Electoral Act 2004, Promissory Oaths Act 2015, Financial Management Act 2016, Corporations Act), so the Act functions as a constitutional frame that depends on implementing and definitional statutes for detail. Several provisions are procedural constraints with structural effects, for example the money‑Bill rules which locate fiscal initiative in the Assembly (ss 37-38), and the ministerial cap which constrains executive structure (s 8A).
From a decision‑making perspective, the Act allocates who decides on core constitutional questions: the Governor exercises certain scheduling and prorogation powers (s 12); the Assembly initiates money measures (s 37) and may reject Council requests (s 43-44); the Council has a limited capacity to amend financial measures (s 42); electoral boundaries and Council division definitions are determined under the Legislative Council Electoral Boundaries Act 1995 (s 18 and s 18AA).
Who it affects
Primary actors affected by the Act are the institutional players and individuals who function in the Tasmanian constitutional system, plus entities that interact with the State financially or contractually:
Members of Parliament. The Act directly prescribes who may be a Member (s 14), when a Member vacates office (ss 15, 32-35), the need to take an oath before acting (s 30), and disqualifying circumstances (s 34). Members who hold or enter into contracts with the State are directly affected by s 33 and its exceptions. Ministers are affected by the cap on numbers (s 8A) and the requirement that Ministers be members (s 8B).
The Governor. The Governor’s practical duties include fixing sittings (s 12(1)), issuing proclamations to prorogue or dissolve the Assembly (s 12(2)), recommending money votes (s 38), appointing Ministers and potentially a Secretary to Cabinet (ss 8B, 8F), and receiving resignations from Members (s 15). The Governor also receives notifications of presiding officer elections (ss 21(3), 24(3)).
The Executive arm and Ministers. The limit on Minister numbers constrains executive staffing and portfolios (s 8A). The Act also circumscribes the Attorney‑General role by preventing allocation of Attorney‑General powers to other Ministers save for an Acting Attorney‑General appointment by the Governor (s 8C). The Secretary to Cabinet is a statutorily recognised position with functions determined by the Premier (ss 8F-8H).
Electoral authorities and commissions. The Act references the Electoral Act 2004 for enrolment and election mechanics (s 14; s 28), and the Legislative Council Electoral Boundaries Act 1995 for Council division determination (s 18; s 18AA). The Tasmanian Augmented Electoral Commission is incorporated into the definition block in s 3.
Local government entities and the Local Government Board. Section 45A establishes municipal councils as elected bodies with powers Parliament may give; s 45C requires the Local Government Board’s recommendation before municipal boundaries are altered.
State instrumentalities and government contractors. Section 33 regulates Members’ capacity to contract with the State and defines State instrumentalities (s 33(6)), thereby affecting entities such as the Hydro‑Electric Corporation, the Transport Commission, and various listed bodies which the Act treats as State instrumentalities for the purpose of Members’ disqualification rules.
Citizens and taxpayers. Financial provisions (ss 36-41) determine who initiates taxation and appropriation measures and therefore who votes on measures that authorise expenditure from the Public Account as defined in the Financial Management Act 2016 (s 36). The Act also guarantees freedom of conscience and religion to citizens subject to public order and morality (s 46).
Legal and compliance professionals. Lawyers, corporate advisers, and compliance officers who advise prospective candidates or Members must work through the disqualification framework in ss 32-33, including whether a corporate counterparty is a prescribed corporation or a State instrumentality, and whether a contract falls within the exceptions listed in s 33(3) or complies with termination timing in s 33(4).
Who pays and who bears burden: the Act frames public expenditure approved via Appropriation Acts out of the Public Account (s 36), meaning taxpayers fund the ordinary annual services and public works per Appropriation Acts. Compliance burdens fall on Members and prospective candidates to ascertain eligibility, avoid disqualifying offices of profit or prohibited contracts (ss 32-33), and to take the statutory oath before voting (s 30). Executive appointments require Gazette notification (s 8I), generating administrative compliance for governments.
Decisional concentration: the Act places financial initiative with the Assembly (s 37), but preserves the Council’s power to request amendments (s 43) or to reject measures it may not amend (s 44). Governor recommendations are mechanically required for money votes (s 38). The statutory cap on Ministers (s 8A) concentrates the Governor’s and Premier’s appointment choices into a bounded executive size.
Key duties and rights
The Act delineates specific duties, obligations and rights for institutions, officeholders and citizens. These are expressed in mandatory statutory language and delegations to other laws.
Duties and procedural obligations
Governor duties. The Governor must fix the times and places for sittings and may prorogue or dissolve the Assembly (s 12(1)-(2)). The Governor is required to call Parliament together after a general election within prescribed time limits unless extended by proclamation (s 12(3)). The Governor must recommend money votes to the Assembly in the same session as the appropriation is proposed (s 38(1)).
Members’ duties. Members must refrain from acting or voting until they have taken and subscribed the oath of allegiance in the manner prescribed by the Promissory Oaths Act 2015 (s 30(1)). Members must give attendance to sittings unless permission is granted; failing to attend for an entire session without permission triggers vacancy under s 34(a).
Premier and Secretary to Cabinet. The Secretary to Cabinet shall perform functions as the Premier determines (s 8G(1)), and that role is constrained not to exercise functions reserved by law to other persons (s 8G(2)). The Premier therefore controls the Secretary’s remit within statutory limits.
Ministerial appointment formalities. Appointments to Minister or Secretary to Cabinet must be notified in the Gazette as soon as reasonably practicable after appointment (s 8I), an administrative duty on the executive.
Rights and privileges
Freedom of conscience and religion. Every citizen is guaranteed freedom of conscience and free profession and practice of religion subject to public order and morality. No religious test is to be imposed for appointment to or holding public office (s 46).
Legislative initiative on money. The Assembly has the exclusive right to originate appropriation or taxation measures (s 37), a constitutional right that determines where financial policy proposals must begin.
Council’s amendment and request rights. The Council has limits on what it may amend (s 42), but has rights to request amendment of Bills it may not amend (s 43) and to reject such Bills (s 44).
Constraints and limitations that function as duties in practice
Ministerial composition and eligibility constraints. No person may be appointed a Minister unless a member of the Council or Assembly (s 8B(1)). Ministers cease to hold office if they cease to be a member (s 8B(1)), except where transitional continuation provisions apply for seven days after writ returns (s 8B(2)-(4)).
Attorney‑General exclusivity. Attorney‑General powers must not be allocated to other Ministers or the Secretary to Cabinet, save that the Governor may appoint an Acting Attorney‑General to exercise those powers for a specified period (s 8C(1)-(2)).
Limits on Appropriation Acts. An Appropriation Act must deal only with monetary issues tied to the Public Account and may not authorise appropriation beyond one year (s 39). Any provision in an Appropriation Act violating those limits is inoperative (s 40).
Disqualification duties for Members. Acceptance of an office of profit under the Crown, or holding contracts with the Government, results in automatic vacancy unless expressly provided otherwise (ss 32-33). The Act also imposes duties on Members to avoid conflicting contractual relationships or to terminate specified contracts within six months after election if they were entered into prior to nomination (s 33(4)).
Interactional rights
Right of Members to be re‑elected at periodical retirements, assuming qualification (s 19(5)).
Right of Assembly to pass Bills amending its duration requires a qualified majority: not less than two‑thirds to amend s 23 (s 41A).
Practical effect of duties and rights: the Act creates enforceable procedural and substantive constraints on executive and parliamentary action. It sets administrative notification obligations, requires oath taking before exercise of rights, and imposes automatic vacancy consequences to police conflicts of interest and disqualifying circumstances. The Act gives explicit operational control over fiscal initiation to the Assembly while preserving an institutional role for the Council to request amendments or reject Bills.
Penalties and enforcement
This Act primarily enforces compliance by creating consequences in the form of disqualification, vacancy of seats, and voidness of elections rather than criminal fines or pecuniary penalties. The enforcement mechanisms and penalties that the Act provides are structural and procedural.
Structural consequences
Vacancy on acceptance of disqualifying offices or events. If a Member accepts a pension payable out of the Public Account during the pleasure of the Crown or an office of profit bestowed by the Governor/Governor in Council or a State instrumentality, the Member’s seat becomes vacant (s 32(1)). The same applies where a Member enters into certain contracts with the Government, subject to exceptions in s 33(3) and safeguards in s 33(4) (s 33(1)).
Vacancy on specified personal events. A Member’s seat becomes vacant if the Member becomes bankrupt, becomes of unsound mind, takes an oath or declaration of allegiance to a foreign power, becomes a citizen of a foreign state, or is convicted of a crime punishable by more than one year’s imprisonment (s 34(a)-(f)). Subsection 34(e) ties the vacancy to conviction and sentence exceeding one year, unless a free pardon is granted.
Voidness of election. If an elected person is by operation of the Act or the Electoral Act 2004 disqualified or incapable of being elected, elected and returned, the election and return is void (s 35).
Administrative enforcement mechanisms
Notification and Gazette requirements. Appointments of Ministers and Secretary to Cabinet must be notified in the Gazette as soon as reasonably practicable after appointment (s 8I). Resignation of Members is effected by written notice to the Governor and results in vacancy on receipt (s 15).
Presiding officers’ notifications. Elections of President and Speaker are to be notified to the Governor by a deputation of the relevant House (ss 21(3), 24(3)). These notification obligations are administrative but integral to continuity.
Limitations on judicial invalidation
Procedural irregularities with Governor recommendation. Section 38(2) provides that an infringement or non‑observance of the requirement that money votes be recommended by the Governor shall not be held to affect the validity of any Act assented to by the Governor after the commencement of that section. The Act thereby limits certain procedural grounds for invalidating money legislation on the basis of a Governor recommendation omission.
Penalties not imposed
The Act does not prescribe criminal penalties, financial fines, or administrative sanctions directly for many breaches. Instead it provides consequences such as vacancy, refusal to admit to sitting or vote without the oath, and voidness of election. For example, failure to take the statutory oath prevents a Member acting or voting (s 30(1)), but the Act does not specify a fine or imprisonment for acting without the oath; the primary consequence is the lack of lawful authority to act.
For convictions leading to vacancy, the Act references criminal sentencing as a trigger for disqualification (s 34(e)), but it does not itself create criminal offences.
Enforcement actors
Internal parliamentary enforcement. The Houses themselves exercise internal control over attendance, standing orders and may determine vacancy through their processes, consistent with s 17 and the standing orders adopted in accordance with it.
Governor’s role in removing Secretary to Cabinet. The Governor may remove a Secretary to Cabinet for any cause the Governor deems sufficient (s 8H(2)), an executive enforcement power.
Electoral authorities and judicial review. The Act makes election returns void where disqualification exists (s 35), which engages electoral authorities and potentially judicial mechanisms to determine disputed returns; however, the Act itself does not specify detailed electoral dispute resolution processes beyond voidness.
In short, the Act enforces compliance predominantly through governance‑level adjustments: vacating seats, voiding elections, preventing persons from acting or voting without compliance with oath formalities, requiring administrative notifications, and prescribing institutional procedures for financial legislation. It contains limited carve‑outs that prevent inadvertent invalidation of Appropriation Acts or money Bills where procedural defects occur after the commencement of certain sections (s 38(2), s 40).
How it interacts with other laws
The Act is expressly cross‑referential and designed to operate with a number of other statutes. These cross‑references are not merely semantic; they import definitions, procedures and institutional responsibilities that materially affect operation and compliance.
Primary legislative cross‑references and dependencies
Electoral Act 2004. The Act repeatedly delegates electoral mechanics, enrolment qualifications, and the State roll definition to the Electoral Act 2004. Section 3 defines "State roll" by reference to the Electoral Act 2004, s 14 ties eligibility to the Electoral Act 2004, and s 22(2) requires election of Members in accordance with the Electoral Act 2004. Practically, candidate eligibility, enrolment and voting procedures depend on the Electoral Act 2004.
Legislative Council Electoral Boundaries Act 1995. Section 18(2) and s 18(3) (and s 18AA) refer to Council divisions and the Tasmanian Augmented Electoral Commission as appointed under the Legislative Council Electoral Boundaries Act 1995, meaning boundary determinations and any temporary provisions in Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 are implemented via that Act.
Promissory Oaths Act 2015. Section 30 requires the oath of allegiance in the form prescribed by the Promissory Oaths Act 2015 (or previous law for earlier periods), so oath content and administration are governed by that Act.
Financial Management Act 2016. Section 36 defines "Appropriation Act" in terms of money from the Public Account, and s 32(4) defines "Public Account" by reference to the Financial Management Act 2016. This ties Appropriation Acts to the fiscal management framework and definitions in the Financial Management Act 2016.
Corporations Act. Section 33(6) defines "corporation" for the purpose of the contracting rules by reference to the Corporations Act, thereby importing corporate law definitions and mechanisms when assessing whether a Member’s corporation engages disqualifying contracts.
Local Government Act 1993. Section 3 defines "ward" by reference to the Local Government Act 1993; s 45C requires Local Government Board recommendation under the Local Government Act for altering municipal boundaries.
Public Sector Superannuation Reform Act 2016. Section 33(3)(f) refers to loans before the transfer date within the meaning of that Act, and s 33(6) lists the Commission within the meaning of that Act as a State instrumentality, which affects the scope of exceptions for Members contracting with the State.
Relationships Act 2003. Section 33(6) defines "partner" in family definitions by reference to the Relationships Act 2003, which affects how family holdings are aggregated for the purpose of the "prescribed corporation" tests.
Other named statutory bodies and instruments. Section 33(6) lists specific instrumentalities by name such as the Hydro‑Electric Corporation, the Transport Commission, Tasmania Development and Resources, Tasmanian Irrigation Pty Ltd, Rivers and Water Supply Commission, and Hobart Regional Water Authority. The inclusion of these entities ties the Act directly to specific public bodies and the way they are treated for Members’ contracting rules.
Effect of cross‑references
Delegated substantive content. Many of the Act’s operative rules are incomplete without consulting the referenced statutes. For example, who counts as an elector, nomination rules, and the mechanics of writs, are matters of the Electoral Act 2004; without that Act one cannot operationalise s 14 or s 28.
Interlocking compliance obligations. Candidates and Members must satisfy both this Act and the referenced statutes for eligibility and to avoid disqualification. For example, the contracting rules in s 33 require an assessment of whether the counterparty is a "State instrumentality" as defined in s 33(6) and whether a contract is a "prescribed service" potentially declared by resolution of both Houses (s 33(6)).
Transitional and amendment interplay. Section 47 is a self‑contained transitional rule dealing with the Expansion of House of Assembly Act 2022, but it explicitly allows preparatory measures under other laws to be taken as necessary to bring the changes into operation. That shows the Act contemplates coordination with amending Acts and continuation of prior rules until the next dissolution where necessary.
Limits and safeguards embedded by cross‑reference
Protection of financial legislation validity. Section 38(2) limits legal challengeability of Acts based on procedural non‑observance of Governor recommendations after the commencement of that section. The efficacy of that limitation depends on how courts interpret the interplay between procedural rules in this Act and general public law remedies.
Delegated definitions creating practical workstreams. A compliance practitioner must consult multiple statutes to determine applicability , the Act intentionally defers detail to specialised legislation.
In short, the Act functions as a constitutional framework that imports key operational definitions and procedures from other laws. For any operational or compliance question, the relevant cross‑referenced statute must be checked because this Act uses statutory outsourcing for electoral mechanics, oath forms, public account definitions, corporate definitions, and local government processes.
Amendment history
The Act’s text contains embedded amendment annotations. The Act has been subject to many amendments over time; the statute as supplied documents specific insertions, substitutions and repeals by number and year. Notable amendments and insertions referenced in the text include:
Ministerial limits and related provisions. Section 8A was inserted by No. 82 of 1977, and subsequently amended by No. 16 of 1982, No. 31 of 1998, No. 30 of 2002, and No. 40 of 2022. This line of amendments reflects adjustments to the statutory cap on the number of Ministers (s 8A).
Secretary to Cabinet and related provisions. Sections 8F, 8G and 8H were inserted by No. 16 of 1982 and later amended by No. 51 of 1985 with consequential changes in tenure rules (ss 8F-8H). Section 8I (notice of appointment) was inserted by No. 40 of 2022 and applied 14 December 2022.
Assembly expansion. Section 22(1) and related provisions were amended by No. 40 of 2022 to set the Assembly to 35 members and the State division structure (s 22(3)); Schedule 4 has multiple substitutions across years, including No. 17 of 1992, No. 49 of 2000, No. 4 of 2009 and No. 17 of 2018. Section 47 was inserted by No. 40 of 2022 to provide transitional application rules for the Expansion of House of Assembly Act 2022.
Oath provisions. Section 30 was substituted by No. 8 of 2015 and again by No. 2 of 2022, updating the procedural regime for the oath of allegiance and its interaction with the Promissory Oaths Act 2015.
Financial and public account definitions. Section 36 includes an amendment by No. 4 of 2017 which updates the definition of "Appropriation Act" and cross‑references the Financial Management Act 2016.
Legislative Council and Council division changes. Section 18 and Division provisions were substituted and amended over time, including notable amendments by No. 8 of 1997 and No. 31 of 1998 in relation to Council composition and the Legislative Council Electoral Boundaries Act 1995; s 18AA was inserted by No. 8 of 1997 and later amended by No. 38 of 2023 (applied 1 July 2024).
Contractors and State instrumentalities. Section 33 shows a long series of amendments across decades, with amendments by No. 26 of 1963, No. 9 of 1982, No. 77 of 1995, and others. The subsection listing State instrumentalities and prescribed services has been updated repeatedly, including additions such as Tasmanian Irrigation Pty Ltd (ACN 133 148 384) by No. 8 of 2011 and the Commission under the Public Sector Superannuation Reform Act 2016 by No. 54 of 2016.
Money‑Bill and Assembly duration safeguards. Section 41A (requiring two‑thirds of the Assembly to pass a Bill amending s 23) was inserted by No. 79 of 1972.
Each inserted or substituted provision in the supplied text carries a parenthetical annotation identifying the amending Act number and year. Those annotations are the authoritative internal history provided by the Act as supplied. The Act also contains repeal annotations for certain sections and Schedules, for example multiple repeals in Division 4 and various Schedules, indicating legislative pruning over time.
Readers should consult the specific amending Acts referenced in the margin notes when tracking the legislative history in detail. The Act itself furnishes the amending Act identifiers and applied dates in many instances (for example s 3 amendments applied 1 July 2024, s 8 amendments applied 30 Nov 2009). Those embedded notes are the only legislative‑history details contained in the provided text.
Litigation history
The supplied Act text does not cite, summarise, or reference judicial decisions or litigation outcomes. No cases are named or identified within the Act’s language. The Act therefore contains no internal litigation history. If one needs to know how courts have interpreted particular provisions such as the money‑Bill constraints (ss 37-41), the ministerial cap (s 8A), the contracting disqualification regime (s 33), or the limits placed on judicial invalidation by s 38(2), the enabling statutes and judicial authorities external to this Act must be consulted.
In practice, litigation history relevant to these provisions would appear in case law databases, electoral law decisions, or administrative law challenges. The Act’s margin notes record amendment Acts and dates but do not provide any record of judicial construction. Consequently, this Act as supplied is not a source of precedent. Any analysis of how courts have applied the Act requires independent case‑law research outside the statutory text.
Gotchas
Several provisions in the Act present traps for the unwary because of cross‑statute dependencies, subtle temporal rules, or structural interactions. These are practical pitfalls for candidates, Members, Ministers, and advisers.
Ministerial cap and Secretary to Cabinet interaction (ss 8A, 8F). Section 8A sets a numerical limit on Ministers, "no more than 11, or, where a Secretary to Cabinet has been appointed pursuant to s 8F, no more than 10". Section 8F(2) states a person shall not be appointed Secretary to Cabinet if he is a Minister of the Crown, and s 8F(3) says a person shall not be appointed as a Minister if he is holding office as Secretary to Cabinet. Consequence: appointing a Secretary to Cabinet reduces the statutory ceiling of Ministers by one. Failure to attend to this interlock can create an inadvertent breach of the statutory limit when the Government appoints Ministers, and s 8I requires Gazette notice of such appointments (s 8I).
Oath and timing (s 30). No Member may act or vote until they have taken the oath of allegiance as prescribed by the Promissory Oaths Act 2015 (s 30(1)). Practically, a Member must ensure the oath is administered in the correct form and by an authorised person; acting before taking the oath lacks statutory authority.
Contracting and State instrumentality complexity (s 33). The contracting disqualification structure depends on multiple definitions and exceptions. The statute defines "State instrumentality" by giving a list of bodies and a general definition that includes any person or body constituted under an Act to administer a department, business or undertaking on behalf of the State (s 33(6)). There are exceptions for contracts entered into by corporations for general benefit, common procurement methods like public tender or public auction, and specific financial arrangements (s 33(2), s 33(3)(d), s 33(3)(c)). Practical issues include:
Aggregation of family holdings for the prescribed corporation test (s 33(2A)-(2B), s 33(6) definitions of "member of the family" and "partner").
Reliance on resolutions of both Houses to declare "prescribed services" (s 33(6)), which means that whether a service counts as prescribed can be politically dependent.
Time limits and retrospective operation: contracts entered before nomination that remain in place for more than six months after election require termination or rescission (s 33(4)).
Money‑Bill procedural protections and limits (ss 37-41). The Act mandates that appropriation and tax Bills originate in the Assembly (s 37), that money votes be recommended by the Governor (s 38), and that Appropriation Acts address money matters only and for no longer than one year (ss 39-40). Section 38(2) reduces the risk that procedural non‑observance of the Governor recommendation will invalidate an Act, but it does not remove all procedural or constitutional risks. Advisers drafting budgets and appropriation provisions must ensure content is strictly monetary and annual, otherwise the offending provisions are of no effect under s 40.
Transitional timing for Assembly expansion (s 47). The Expansion of House of Assembly Act 2022 amendments are not to apply until the next expiration or dissolution of the Assembly after the commencement day (s 47(2)-(3)). However s 47(4) permits preparatory application to enable the change to be brought into operation. Practically, this creates an implementation window requiring coordination between electoral authorities, parliamentary administrators and the Government.
Definition drift and reliance on other statutes. Because the Act imports many definitions and procedural rules from other statutes, advisers must check the current versions of those statutes. For example, "Public Account" is defined by reference to the Financial Management Act 2016 (s 32(4)), and "corporation" by the Corporations Act (s 33(6)). Audiences should note that changes in those cross‑referenced statutes alter how this Act operates without any change to the Constitution Act itself.
Preserving Act continuity at demise of the Crown (ss 4-7). The Act provides continuity of commissions and processes despite demise of the Crown. Yet transition events such as a demise might require immediate administrative steps regarding proclamations and notifications. Sections 5-7 ensure validity of acts performed in the period between demise and proclamation, but administrative certainty requires prompt publication in the Gazette.
Council division determination lag (s 18AA). Division 2 operates "subject to Part 3 of the Constitution (Legislative Council) Special Provisions Act 1997 until a determination is made by the Tasmanian Augmented Electoral Commission under section 29A of the Legislative Council Electoral Boundaries Act 1995" (s 18AA). That means the operation of Council division rules can be temporarily governed by special transitional rules, which can complicate planning for Council elections.
No criminal penalties for many breaches. Many compliance failures yield structural consequences such as vacancy or invalidation rather than criminal sanctions. Legal advisers must therefore assess the practical implications (loss of office, void elections) rather than expect statutory fines as an enforcement tool.
How to comply
For lawyers, compliance officers, candidates and parliamentary staff the Act imposes practical steps and checklists. Below are concrete compliance actions tied to specific provisions.
Before nomination and election
Check electorate and residency eligibility. Confirm prospective candidates meet the Electoral Act 2004 enrolment and the residency requirements in s 14 (either five years continuous residency at any one time or two years immediately before nomination). Cross‑check with the Electoral Act 2004 for enrolment mechanics.
Identify potential disqualifying offices and contracts. Conduct a due‑diligence inventory of any pensions payable from the Public Account, offices of profit, State instrumentality contracts, or relevant corporate shareholdings. Use the s 33(6) definition of "State instrumentality" and the s 33(2A)-(2B) rules for prescribed corporations and family holdings. If pre‑existing contracts fall within s 33(1), plan to terminate or rescind them within six months after election to rely on s 33(4).
Corporate and family aggregation. For candidates with corporate interests, quantify shareholdings and voting rights, and aggregate family holdings (s 33(2A)-(2B), s 33(6) definitions). If holdings meet prescribed corporation thresholds, obtain legal advice on restructuring or managing conflicts.
After election and before acting
Administer the oath correctly. Ensure the member takes and subscribes the oath of allegiance in the form prescribed by the Promissory Oaths Act 2015 before acting or voting (s 30). Arrange for an authorised person to administer the oath promptly to avoid the Member acting without authority.
File resignations and notifications. If a Member intends to resign, prepare a written resignation under hand to the Governor as required by s 15. If appointed Minister or Secretary to Cabinet, ensure Gazette notification is arranged promptly per s 8I.
Ministerial appointment checks. Before appointing Ministers, confirm total Ministers will not exceed the statutory cap in s 8A and note that appointing a Secretary to Cabinet reduces the cap to 10 where applicable. Ensure appointees are members of one House as required by s 8B(1).
Ongoing conduct in office
Avoid prohibited contracting or offices of profit. Monitor any ongoing commercial relationships with the State or State instrumentalities under s 33 and track the list of exceptions in s 33(3). If an unavoidable contract exists, obtain parliamentary guidance and consider formal disclosure.
Maintain attendance and legal fitness standards. Monitor attendance to avoid vacancy by missing an entire session without permission under s 34(a). Ensure no actions create foreign allegiance, citizenship, or bankruptcy triggers (s 34(b)-(d)).
Manage conflicts in ministerial portfolios. Attorney‑General powers are reserved under s 8C(1); any delegation requires observance of s 8C(2) when the Governor appoints an Acting Attorney‑General.
Legislative drafting and government financial compliance
Money‑Bill compliance. Ensure that Appropriation Bills contain only issue, application and appropriation of money out of the Public Account and that any appropriation is for no longer than one year (ss 39-40). For Income Tax Rating Acts and Land Tax Rating Acts adhere to s 41 constraints: Income Tax Rating Acts must fix rates for one year only.
Governor recommendation. Ensure the Governor’s recommendation for money votes is procured in the same session as the proposed appropriation (s 38(1)). While s 38(2) limits certain validity challenges, best practice is to secure formality to avoid uncertainty.
Use correct procedures where Council engages. If the Council returns a money Bill requesting amendments (s 43), plan for Assembly consideration and be aware the Council may reject Bills it cannot amend (s 44).
Local government and boundary changes
Local Government Board recommendation. If municipal boundary alterations are contemplated, obtain the Local Government Board recommendation as required by s 45C and consult the Local Government Act 1993 for procedure.
Administrative and record‑keeping actions
Gazette notifications. Arrange for Gazette notifications of Ministerial and Secretary to Cabinet appointments as required by s 8I.
Keep cross‑statute references current. Because the Act depends on other statutes for definitions and procedures, maintain an up‑to‑date register of relevant cross‑references: Electoral Act 2004, Legislative Council Electoral Boundaries Act 1995, Promissory Oaths Act 2015, Financial Management Act 2016, Corporations Act, Relationships Act 2003, Local Government Act 1993, Public Sector Superannuation Reform Act 2016.
Document termination of pre‑election contracts. For contracts entered into before nomination that fall within s 33(1), document termination or rescission within six months of election to preserve eligibility under s 33(4).
Advisory checklist for prospective Ministers and Governments
Before creating or appointing new ministries, count Ministers and verify compliance with s 8A. If a Secretary to Cabinet is to be appointed, account for the reduced ministerial cap.
Ensure Attorney‑General functions are not ad‑hoc allocated to other Ministers except via formal Acting appointments by the Governor under s 8C(2).
Ensure Appropriation Bills do not contain non‑money provisions that would be inoperative under s 40.
Audit and compliance testing
For internal audit or compliance testing, run periodic checks on Members’ potential conflicts under ss 32-33; verify the status of family holdings against s 33(2A) definitions; confirm oath administration records for each Member; verify Gazette notices for executive appointments.
If disputes arise
Seek immediate legal advice where there is doubt whether a person is disqualified under ss 32-33 or whether a contract falls within an exception. The Act’s primary remedy for many defects is vacancy or voidness of election (s 35), which are drastic outcomes that should be prevented by timely remedial action.
In sum, compliance requires coordinated administrative action across electoral, corporate, parliamentary and executive domains. The Act’s many cross‑references impose a practical requirement to maintain updated processes, robust due diligence pre‑nomination, and strict administrative follow‑through on oath taking, Gazette notifications, and consideration of any contractual relationships with State bodies.
The Legislative Council and House of Assembly of Tasmania in being at any future demise of the Crown shall not be determined or dissolved by such demise, but, subject to the provisions of this Act, shall continue so long as they would have continued respectively but for such demise.
5 Demise of the Crown not to affect things done before proclamation thereof
5 Demise of the Crown not to affect things done before proclamation thereof
Any future demise of the Crown shall not affect anything done in this State before the day whereon the Governor, by his proclamation, has notified such demise, and all things done within this State at any time after such demise, but before the day of the publication of the Gazette containing such proclamation, and which but for this Act might be affected by such demise, shall have the same effect and be of the same force as if no such demise had happened.
6 Appointments, &c., by the Governor to continue in force notwithstanding demise of the Crown
6 Appointments, &c., by the Governor to continue in force notwithstanding demise of the Crown
Every commission, warrant, or other authority for the exercise of any office or employment of any kind or nature within the State issued or exercised by the Governor in Council, or the Governor, or by any other person in the name and on behalf of His Majesty in virtue of his office, or under the authority of any Act of the Imperial Parliament, or of the Parliament of the Commonwealth, or of the Parliament of Tasmania, or of any rules or regulations made thereunder respectively, shall continue in full force notwithstanding any future demise of the Crown until duly revoked or cancelled, and shall be of the same effect as if no such demise had happened; anything contained in an Act of the Imperial Parliament passed in the first year of His late Majesty King William the Fourth, chapter 4, to the contrary notwithstanding.
7 All process, &c., and engagements with or on behalf of His Majesty, to subsist and continue notwithstanding demise
7 All process, &c., and engagements with or on behalf of His Majesty, to subsist and continue notwithstanding demise
(1) No action, suit, or other process or proceeding, civil or criminal, in or to which His Majesty shall be a party, or which shall have been commenced or carried on in His name or by His authority, shall, by reason of His demise, abate, discontinue, or be in any manner affected; but every such action, suit, process, or proceeding shall and may be carried on, enforced, or otherwise completed or acted on in the name of His successor, and as if such demise had not happened.
(2) All contracts of every kind lawfully entered into by or on behalf of His Majesty with any person, body, or authority, and all benefit and advantage thereof, and all liability in respect thereof, shall respectively attach and belong to the heirs and successors of His Majesty, although they be not expressly named in any such contract.
8 Deputy-Governor's powers: Provision as to deputy of Lieutenant-Governor or Administrator
8 Deputy-Governor's powers: Provision as to deputy of Lieutenant-Governor or Administrator
(1) *[Section 8 Subsection (1) amended by No. 31 of 1971, s. 2 ]*In this section the said letters patent means the letters patent under the great seal of the United Kingdom bearing date 29th October 1900, as amended by the letters patent bearing date 31st August 1920, by the letters patent bearing date 22nd February 1934, and by the letters patent bearing date 25th May 1971, and includes any letters patent to be hereafter issued in amendment of, or in substitution for, the same.
(2) *[Section 8 Subsection (2) amended by No. 31 of 1971, s. 2 ]*During the temporary absence of the Governor from the seat of government or from the State or during any 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 said letters patent, shall and may be exercised, performed, and executed by the officer or person appointed by the Governor to be his deputy during such absence or illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(3) [Section 8 Subsection (3) amended by No. 66 of 2009, Sched. 1, Applied:30 Nov 2009] *[Section 8 Subsection (3) amended by No. 31 of 1971, s. 2 ]*During any period when the powers and authorities in the said letters patent granted to the Governor are vested in the Lieutenant-Governor or such other person or persons as is or are appointed to administer the Government of the State, the provisions of subsection (2) shall apply to the person appointed to be the deputy of the Lieutenant-Governor, or of such other person or persons appointed to administer the government as aforesaid, during his temporary absence from the seat of government or from the State or during his illness, subject nevertheless to any terms or limitations expressed in the instrument appointing such deputy.
(4) Any exercise, performance, or execution before the passing of this Act of any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity, and shall have and be deemed to have had the same force and effect, as if this Act had been in force at the time of such exercise, performance, or execution.
8A Limit on number of Ministers of the Crown
8A Limit on number of Ministers of the Crown
[Section 8A Inserted by No. 82 of 1977, s. 2 ]**[Section 8A Amended by No. 16 of 1982, s. 4 ][Section 8A Amended by No. 31 of 1998, s. 5, Applied:28 Jul 1998][Section 8A Amended by No. 30 of 2002, s. 4, Applied:17 Oct 2002][Section 8A Amended by No. 40 of 2022, s. 4, Applied:14 Dec 2022] No more than 11, or, where a Secretary to Cabinet has been appointed pursuant to section 8F , no more than 10, persons shall hold office as Ministers of the Crown at any one time.
8B Appointment and tenure of office of Ministers of the Crown
8B Appointment and tenure of office of Ministers of the Crown
[Section 8B Inserted by No. 82 of 1977, s. 2 ]
(1) No person shall be appointed a Minister of the Crown unless he is a member of the Council or the Assembly, and, subject to the following provisions of this section, a Minister of the Crown ceases to hold office as such on ceasing to be a member of the Council or the Assembly.
(2) Where a member of the Council, on the expiry of his term of office as such in any year, also holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the periodical election of members of the Council in that year.
(3) Where, at the dissolution of the Assembly, or on its ceasing to continue, a member thereof holds office as a Minister of the Crown he may continue in the office of Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs for the ensuing general election.
(4) If, as provided in subsection (2) or subsection (3) , a person continues in office as a Minister of the Crown until the expiration of the period of 7 days following the day of the return of the writs referred to in either of those sections, he then ceases to hold office as a Minister of the Crown unless, since the return of the writs, he has again been appointed a Minister of the Crown.
8C Special provisions as to Attorney-General
8C Special provisions as to Attorney-General
[Section 8C Inserted by No. 82 of 1977, s. 2 ]
(1) *[Section 8C Subsection (1) amended by No. 16 of 1982, s. 5 ]*Except as provided in this section, no office, power, duty, authority, obligation, or discretion that is by law conferred or imposed upon the Attorney-General shall be allocated to, or exercised or discharged by, any other Minister of the Crown or the Secretary to Cabinet.
(2) In any case in which he considers it expedient so to do, the Governor may appoint another Minister of the Crown to be Acting Attorney-General for a specified period or until the happening of a specified event, and during the continuance of the appointment that Minister may exercise, perform and discharge all the powers, duties, authorities, obligations, and discretions conferred or imposed by law upon the Attorney-General or appertaining to the office of Attorney-General in as full, complete and effectual manner as if he were the holder of the office of Attorney-General.
8D.
[Section 8D Repealed by No. 4 of 1990, s. 10 ]
8E Minister acting on behalf of another
8E Minister acting on behalf of another
*[Section 8E Inserted by No. 82 of 1977, s. 2 ]*Except as provided in section 8C any official document requiring the signature or execution of any particular Minister shall be valid and effectual if it is signed or executed on his behalf by any other Minister.
8F Appointment of Secretary to Cabinet
8F Appointment of Secretary to Cabinet
[Section 8F Inserted by No. 16 of 1982, s. 6 ]
(1) The Governor may, from time to time, appoint a Member of the Council or the Assembly to hold office as Secretary to Cabinet.
(2) A person shall not be appointed to hold office as Secretary to Cabinet if he is a Minister of the Crown.
(3) A person shall not be appointed as a Minister of the Crown if he is holding office as Secretary to Cabinet.
8G Functions of Secretary to Cabinet
8G Functions of Secretary to Cabinet
[Section 8G Inserted by No. 16 of 1982, s. 6 ]
(1) The Secretary to Cabinet shall have and may perform such functions with respect to the affairs of the State as the Premier may, from time to time, determine in respect of him.
(2) Nothing in this section authorizes the Secretary to Cabinet to perform any functions that may, by the terms (express or implied) of an Act or instrument under an Act, or by or under any other law, only be performed by some other person.
8H How Secretary to Cabinet ceases to hold office
8H How Secretary to Cabinet ceases to hold office
[Section 8H Inserted by No. 16 of 1982, s. 6 ]
(1) *[Section 8H Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. I ]*A person holding office as Secretary to Cabinet ceases to hold that office –
(a) when he dies;
(b) if he resigns his office as such by writing under his hand addressed to the Governor;
(c) if he is removed from office as such by the Governor;
(d) where the person is a Member of the Council –
(i) on vacating his seat as a Member of the Council, otherwise than by reason of the fact that his term of office as such has expired; or
(ii) if his term of office as such a Member expires – on the expiration of 7 days following the day of the return of the writs for the periodical election of Members of the Council next following the expiry of his term of office as such a Member; or
(e) where the person is a Member of the Assembly –
(i) on vacating his seat as a Member of the Assembly, otherwise than by reason of the fact that the Assembly has been dissolved or has expired by effluxion of time; or
(ii) on the expiration of the period of 7 days following the day of the return of the writs for the general election next following his appointment to hold office as Secretary to Cabinet.
(2) The Governor may, for any cause which appears to him to be sufficient, remove from office any person who is holding office as Secretary to Cabinet.
8I Notice to be given of appointment to certain offices
8I Notice to be given of appointment to certain offices
[Section 8I Inserted by No. 40 of 2022, s. 5, Applied:14 Dec 2022] The appointment of a person as a Minister or the Secretary to Cabinet is to be notified in the Gazette as soon as reasonably practicable after the appointment occurs.
Part III Parliament
Part III Parliament
Division 1 Both Houses
Division 1 Both Houses
9 Continuation of existing Houses: Continuance in office of Members
9 Continuation of existing Houses: Continuance in office of Members
(1) The Legislative Council and House of Assembly as at present constituted shall be continued under, and subject to, the provisions of this Act.
(2) Subject to the provisions of this Act, all Members of Parliament holding office at the passing of this Act shall continue so to do, and every such Member, or, if he shall sooner vacate his office, the person, if any, who is elected to fill his place, otherwise than at a periodical election, shall retire at the time at which such Member would have retired by effluxion of time if this Act had not been passed.
10 The Parliament of Tasmania
10 The Parliament of Tasmania
The Governor and the Legislative Council and House of Assembly shall together constitute the Parliament of Tasmania.
11 Annual sessions
11 Annual sessions
There shall be a session of Parliament once in every year, so that a period of 12 months shall not intervene between the last sitti
This is an opening excerpt, not the complete document.