Constitution Act 1975

38 Duration of Assembly 56

38A Date of general election 57

Subdivision (3)—Proceedings of the Assembly 58

39 Election of Speaker 58

40 Quorum of Assembly 58

Division 7—Provisions applicable to both the Council and the Assembly 58

41 Sessions of Council and Assembly 58

42 Quorum of Houses may act though election may have failed 59

43 Standing rules and orders 59

Subdivision (1)—Membership of the Council and the Assembly 60

44 Membership of the Council and the Assembly 60

45 Avoidance of election of unqualified person 61

46 Vacation of seat 61

47 Member of Victorian Parliament elected to Federal Parliament 62

Subdivision (2)—Qualification of electors for the Council and the Assembly 62

48 Qualification of electors for the Council and the Assembly 62

Division 8—Offices and places of profit 65

49 Public officers not to sit in Parliament except as mentioned 65

50 Salaried officers in Parliament 65

51 Ministers to be in Council or Assembly 65

52 Power of Ministers to speak in either House 66

53 Responsible Minister not required to vacate seat on appointment to office 66

54 Contractors not to be elected 66

55 Seats to become vacant in certain cases 67

56 Reference to certain contracts in last two preceding sections 67

57 Certain contracts excepted 69

58 With certain exceptions members of Parliament not to accept offices of profit under the Crown 69

59 Penalties for offences against this Division 70

60 Removal of disqualification by reason of certain naval, military or air services 70

61 Holders of offices etc. not to be disqualified from election to Council or Assembly 71

61A Power to Houses to relieve from consequences of alleged defaults 71

Division 9—Provisions relating to Appropriation Bills 73

62 Appropriation Bills 73

63 Appropriation to be in pursuance of message 73

64 Appropriation Bills 73

65 Annual Appropriation Bills 74

Division 9A—Provisions relating to disputes concerning Bills 76

65A Definitions 76

65B Dispute Resolution Committee 77

65C Dispute Resolution 78

65D Consideration of Dispute Resolution by Assembly and Council 79

65E Provisions applying if dispute not resolved 80

65F Provisions applying to Deadlocked Bills 80

65G Joint Sitting 81

Division 10—Acts of Parliament 83

69 Date of passing of Act to be endorsed by Clerk 83

70 Where the time fixed by an Act for the doing of any act etc. cannot be observed 83

71 Where Bill for continuing Act which expires during the session does not pass 84

Division 11—Publication, transmission and broadcasting of Parliamentary proceedings 85

72 Government Printer 85

73 Publication of reports, proceedings etc. of either House of Parliament protected 85

74 Copy of authenticated report thereof 86

74AA Transmission and broadcasting of Parliamentary proceedings 87

Part IIA—Local government 89

74A Local government 89

74B Local government laws 90

Part III—The Supreme Court of the State of Victoria 92

75 Supreme Court of the State of Victoria 92

75A Divisions of Court 93

75B Qualification and appointment of Judges 95

75C Entry into part-time service arrangement 95

75D Variation of part-time service arrangement 96

75E Suspension of part-time service arrangement 97

75F Termination of part-time service arrangement 97

76 Court to be a court of record and to have a seal 98

77 Commissions of Judges 98

78 Chief Justice 100

78A Chief Justice and Judges of Court of Appeal 100

78B Seniority 101

79 Governor in Council may appoint Acting Chief Justice 102

79A Governor in Council may appoint acting President 102

80 Filling vacancies 103

80B Additional Judges of Appeal 103

80C Additional Judges of Trial Division 105

81 Appointment of reserve Judges 106

81A Cessation of office 107

81B Chief Justice may engage reserve Judge to undertake duties of Judge of the Court 107

81C Powers, jurisdiction, immunities and protection of reserve Judge 108

81D Pension rights and service not affected by being a reserve Judge 108

81E Engaging in legal practice or other paid employment 109

81F Salary, allowances and other conditions of service of reserve Judge 109

81G Appropriation of certain amounts in relation to reserve Judges 110

81GA Power to complete matters—Judges of the Court and reserve Judges 111

81H Construction of references—Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 113

81J Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 114

81K Transitional provision—Justice Legislation Further Amendment Act 2016 114

82 Salaries, allowances, other conditions of service and pension entitlements of Judges of the Supreme Court 115

83 As to pensions of Judges of the Supreme Court and their partners and children 123

83AAA Effect of part-time service arrangement on judicial pensions 140

83AA Election of Judges of the Supreme Court to commute future pensions for payment of superannuation contributions surcharge 142

83AB Actuary's first calculation after election of Judges of the Court to commute pensions 142

83AC Actuary's second calculation after the Judges' elections to commute pensions and payment of lump sums 144

83AD Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge 145

83AE Actuary's calculation after former Judges' election to commute pensions 146

83AF Payment and commutation of pensions of former Judges of the Court 147

83AG Election of Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge 148

83AH Actuary's calculation of reduction of pensions of Judges' partners and eligible children 149

83AI Payment and commutation of pensions of former Judges' partners and eligible children 150

83A Salaries, allowances and other conditions of service of Associate Judges 151

83B Salary, allowances and other conditions of service of reserve Associate Judges 154

83C Appropriation of certain amounts in relation to reserve Associate Judges 155

84 Judges not to hold any other place of profit 156

84A Judges serving under part-time service arrangement not to engage in legal practice or other paid employment 157

85 Powers and jurisdiction of the Court 158

86 Power to Judges to award habeas corpus 161

87 Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances 161

Part IIIAA—The judiciary 163

Division 1—Preliminary 163

87AAA Definitions 163

Division 2—Judicial offices 167

87AAB Removal from judicial office 167

87AAI Retirement 168

87AAJ Abolition of judicial office 169

Division 3—Judicial Commission of Victoria 169

87AAK Establishment of Judicial Commission 169

87AAL Functions of the Judicial Commission 170

Division 4—Board of Judicial Commission 171

87AAM Board of Judicial Commission 171

87AAN Judicial members of the Board 171

87AAO Appointed members of the Board 172

87AAP Suspension of appointed member 173

87AAQ Cessation of appointment of appointed member 174

Division 5—Investigating panels 175

87AAR Appointment of investigating panels 175

87AAS Membership of investigating panel 176

87AAT Remuneration and allowances of investigating panel members 178

87AAU Pension rights of investigating panel member not affected 179

87AAV Establishment of pool 179

87AAW Appointment of persons to pool 179

87AAX Conditions for members of pool 180

87AAY Cessation of appointment or removal from pool 181

Division 6—Judicial Commission regulations 182

87AAZ Judicial Commission regulations 182

Part IIIA—Director of Public Prosecutions 184

87AA Definition 184

87AB Appointment 184

87AC Terms and conditions 184

87AD Resignation 185

87AE Suspension and removal from office 185

87AF Pension of Director and of his or her spouse and children 185

Part IV—The Executive 187

87A Executive Council, 187

87B Members of Executive Council 187

87C Meetings of Executive Council 187

87D Rules of Executive Council 188

87E Advice to Governor 188

88 Appointment to public offices 189

88AA Oath of office 189

88A Governor in Council may order that Ministers exercise duties etc. concurrently 189

Part V—Financial 190

Division 1—Consolidated Revenue 190

89 Consolidated Revenue 190

90 Charges of collection and management 190

91 Her Majesty not entitled to Crown revenues 190

92 Power to appropriate Consolidated Revenue 190

Division 2—Expenses of Executive Council Legislative Council and Legislative Assembly 191

94 Special appropriations for expenses of Executive Council, Legislative Council and Legislative Assembly 191

Division 3—Auditor-General 192

94A Auditor-General 192

94B Independence of the Auditor-General 193

94C Tenure of office 194

Part VA—Special provisions 196

94E Independence of the Ombudsman 196

94F Independence of the Electoral Commissioner 197

94G Electoral Boundaries 198

94H Access to information 199

Part VI—Relation of public officers to political affairs 200

95 Officers in the public service not to take part in political affairs 200

Part VII—Delivery of water services 202

96 Definitions 202

97 Delivery of water services 203

Part VIII—Maintaining the prohibitions on hydraulic fracturing and coal seam gas exploration and mining 205

98 Purpose of this Part 205

99 Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining 205

Part IX—The SEC 209

100 Definitions 209

101 Meaning of SEC successor entity 210

102 Purpose of this Part 210

103 Parliament's legislative power constrained in relation to repealing, altering or varying this Part 211

104 Requirement for State to always have controlling interest 211

105 Objects of SEC 212

106 Prohibited activities 213

107 Certain activities void 213

Part X—General 214

108 Corporations Act displacement 214

Schedules 215

Second Schedule 216

Schedule 3—Oath of office 217

Endnotes 218

1 General information 218

2 Table of Amendments 220

3 Explanatory details 235

Version No. 226

Constitution Act 1975

No. 8750 of 1975

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Preamble

WHEREAS the Legislative Council of the Colony of Victoria did in the year 1854 pass a Bill intituled "An Act to establish a Constitution in and for the colony for Victoria":

And whereas the said Bill was presented to the then Lieutenant-Governor of Victoria for Her Majesty's assent and the said Lieutenant-Governor did thereupon declare that he reserved the said Bill for the signification of Her Majesty's pleasure thereon:

And whereas the Imperial Parliament deemed it expedient to authorize Her Majesty to assent to the said reserved Bill amended by the omission of certain provisions thereof:

And whereas the said Bill as amended was set forth in a Schedule to an Act of the Imperial Parliament passed in the 18th and 19th years of the reign of Her Majesty Queen Victoria intituled "An Act to enable Her Majesty to Assent to a Bill, as amended, of the Legislature of Victoria to establish a Constitution in and for the Colony of Victoria" by which Act Her Majesty in Council was authorized to assent to the said reserved Bill amended by the omission of certain provisions thereof, and the Bill was assented to accordingly:

And whereas by the said Bill as so amended the Colony of Victoria was established as a self-governing colony with responsible government:

And whereas the said Bill as so amended is the Constitution of Victoria and is known as The Constitution Act:

And whereas it is provided by section LX of the said The Constitution Act that the Legislature of Victoria has full power and authority from time to time by any Act or Acts to repeal alter or vary all or any of the provisions of The Constitution Act and to substitute others in lieu thereof:

Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement[[1]](#endnote-2)

(1) This Act may be cited as the Constitution Act 1975.

(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 1(3) amended by No. 9254 s. 2(a), repealed by No. 108/1994 s. 6(1)(a).

S. 1A inserted by No. 73/2004 s. 3.

1A Recognition of Aboriginal people

(1) The Parliament acknowledges that the events described in the preamble to this Act occurred without proper consultation, recognition or involvement of the Aboriginal people of Victoria.

(2) The Parliament recognises that Victoria's Aboriginal people, as the original custodians of the land on which the Colony of Victoria was established—

(a) have a unique status as the descendants of Australia's first people; and

(b) have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and

(c) have made a unique and irreplaceable contribution to the identity and well-being of Victoria.

(3) The Parliament does not intend by this section—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of this Act or of any other law in force in Victoria.

S. XL and XLI.

2 Existing laws

(1) All laws which at the commencement of this Act are in force within Victoria shall remain and continue to be of the same force authority and effect as if this Act had not come into force except insofar as the same are repealed or varied by or under this or any subsequent Act.

(2) All courts within Victoria and all offices judicial administrative or ministerial therein and all charters legal commissions powers and authorities except insofar as the same may be abolished altered or varied by or may be inconsistent with the provisions of this Act or are abolished altered or varied by any Act or Acts shall continue to subsist in the same form and with the same effect as if this Act had not come into force.

(3) The Supreme Court of the State of Victoria as at present constituted shall continue under and subject to the provisions of this Act and shall for all purposes be deemed to be the same court after as before the commencement of this Act.

S. 2(4)(5) repealed by No. 2/2003 s. 7(1).

9 Geo. IV. c. 83 s. 24.

3 Laws of England to be applied in the administration of justice

(1) Subject to the Imperial Acts Application Act 1922[2] all laws and statutes in force within the realm of England on the 25th day of July, 1828 (not being inconsistent with any law now in force) shall be applied in the administration of justice in the courts of Victoria, so far as they can be applied within Victoria.

(2) If any doubt arises as to the application of any such laws or statutes in Victoria, it shall be lawful for the Parliament by Act to declare whether such laws or statutes shall be deemed to extend to Victoria, and to be in force within Victoria, or to make and establish such limitations and modifications of such laws and statutes within Victoria as may be deemed expedient in that behalf.

4 Continuation of existing Houses

S. 4(1)(2) repealed by No. 2/2003 s. 7(1).

No. 6224 s. 2(2).

(3) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the Acts or enactments repealed by this Act or existing or continuing under any of such Acts or enactments immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts or enactments had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule by-law order appointment application probate letters of administration decision action cause matter appeal proceeding agreement examination affidavit declaration affirmation reference recognizance security certificate liability roll writ poll determination membership classification notice pension salary allowance liability or right made given issued accrued incurred or acquired or existing or continuing by or under any such Acts or enactments before the commencement of this Act.

5 Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 5 def. of actuary inserted by No. 19/2001 s. 4.

actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

Assembly means Legislative Assembly of Victoria;

S. 5 def. of Associate Judge inserted by No. 24/2008 s. 3(a), amended by No. 63/2013 s. 3(b).

Associate Judge means an Associate Judge of the Court referred to in section 75(4) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge during any period of engagement or acting under section 105H of that Act;

S. 5 def. of Chief Justice amended by No. 109/1994 s. 4(1)(a) (as amended by No. 22/1995 s. 29(1)).

Chief Justice means the Chief Justice of the Supreme Court and includes Acting Chief Justice and in the absence of the Chief Justice and the Acting Chief Justice from duty means the senior Judge of the Court for the time being present;

S. 5 def. of Consolidated Fund amended by No. 18/1994 s. 66(Sch. 2 item 3).

Consolidated Fund means the Consolidated Fund constituted under the Financial Management Act 1994;

Council means Legislative Council of Victoria;

S. 5 def. of Court of Disputed Returns substituted by No. 23/2002 s. 189(1).

Court of Disputed Returns means the Court of Disputed Returns constituted under section 124 of the Electoral Act 2002;

S. 5 def. of deputy presiding officer inserted by No. 37/2013 s. 18(1).

deputy presiding officer means—

(a) in relation to the Legislative Council—the Deputy President; and

(b) in relation to the Legislative Assembly—the Deputy Speaker;

district means electoral district of the Assembly;

S. 5 def. of excluded judicial officer inserted by No. 63/2013 s. 54.

excluded judicial officer means—

(c) a Judge of the Court who is appointed as President of VCAT;

S. 5 def. of general election substituted by No. 10146 s. 7(3), amended by No. 2/2003 s. 7(2)(a).

general election means an election at which all the members of the Council and Assembly have to be elected;

S. 5 def. of insolvent under administration inserted by No. 53/1999 s. 5.

insolvent under administration means—

(a) a person who is an undischarged bankrupt; or

(b) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or

(c) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or

(d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated;

S. 5 def. of Judge of the Court inserted by No. 24/2008 s. 3(a), amended by Nos 5/2013 s. 3(2), 63/2013 s. 3(c).

Judge of the Court means a Judge of the Court referred to in section 75(3) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA;

S. 5 def. of Master substituted by No. 109/1994 s. 4(1)(b), repealed by No. 24/2008 s. 3(b).

Parliament means Parliament of Victoria;

S. 5 def. of Parliamentary Committee inserted by No. 53/1999 s. 5.

Parliamentary Committee, in Division 3 of Part V, has the same meaning as in the Audit Act 1994;

S. 5 def. of Parliamentary Offices Committee repealed by No. 24/1996 s. 34(a).

S. 5 def. of part-time service arrangement inserted by No. 63/2013 s. 54.

part-time service arrangement means—

(a) in relation to a Judge of the Court, an arrangement entered under section 75C;

(b) in relation to an Associate Judge, an arrangement entered under section 104JA of the Supreme Court Act 1986;

S. 5 def. of periodical election repealed by No. 2/2003 s. 7(2)(b).

prescribed means prescribed by this Act or any regulation thereunder;

President means President of the Council and includes any person acting as the President of the Council;

presiding officer means—

(a) in relation to the Legislative Council—the President; and

(b) in relation to the Legislative Assembly—the Speaker;

S. 5 def. of province repealed by No. 2/2003 s. 49(1)(a).

S. 5 def. of region inserted by No. 2/2003 s. 49(1)(b).

region means electoral region of the Council;

S. 5 def. of reserve Associate Judge inserted by No. 63/2013 s. 3(a).

reserve Associate Judge has the same meaning as it has in the Supreme Court Act 1986;

S. 5 def. of reserve Judge inserted by No. 5/2013 s. 3(1).

reserve Judge means a person appointed under section 81;

Speaker means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

S. 5 def. of subdivision repealed by No. 24/1999 s. 44(1).

S. 5 def. of super-annuation contributions surcharge inserted by No. 19/2001 s. 4.

superannuation contributions surcharge means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;

S. 5 def. of super-annuation contributions surcharge notice inserted by No. 19/2001 s. 4.

superannuation contributions surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;

Supreme Court means the Supreme Court of the State of Victoria;

S. 5 def. of total pension entitlement inserted by No. 19/2001 s. 4.

total pension entitlement means, on a particular day, the current value of all future pension payments on that day.

S. 5A inserted by No. 23/2008 s. 3.

5A Definitions relating to pensions

S. 5A(1) amended by No. 63/2013 s. 55.

(1) For the purposes of section 83 and section 83AAA—

approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

S. 5A(1) def. of domestic partner substituted by No. 23/2008 s. 22(1), amended by No. 4/2009 s. 37(Sch. 1 item 7.1).

domestic partner of a person means—

(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

eligible rollover fund means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;

flagging order means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;

interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

member means a Judge of the Supreme Court;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

S. 5A(1)
def. of partner substituted by No. 40/2010 s. 104(1).

partner of a person means the person's spouse or domestic partner;

payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

relevant condition of release means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;

RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;

S. 5A(1) def. of spouse amended by No. 38/2009 s. 17(1)(a).

spouse of a person (except in sections 83(8) to 83(22)) means a person to whom the person is, or was at the time of the person's death, married;

S. 5A(1) def. of super-annuation agreement amended by No. 38/2009 s. 17(1)(b).

superannuation agreement has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;

value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.

S. 5A(1A) inserted by No. 38/2009 s. 17(2).

(1A) For the purposes of sections 83(8) to 83(22), spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975.

S. 5A(2) substituted by No. 23/2008 s. 22(2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

S. 5A(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 7.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 5A(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 7.2(b)).

(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 5A(2A) inserted by No. 40/2010 s. 104(2).

(2A) For the purposes of section 83(2), the definition of partner as substituted by section 104(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement
to a pension of a Judge of the Court or a former Judge of the Court only if the death of the Judge of the Court or former Judge of the Court occurs on or after the commencement of the substituting section.

(3) For the purposes of section 83, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

Part I—The Crown

S. 6 substituted by No. 108/1994 s. 4.

6 The Governor[[3]](#endnote-4), [[4]](#endnote-5)

(1) There shall be a Governor of the State of Victoria.

(2) The appointment of a person as Governor shall be during Her Majesty's pleasure by Commission under Her Majesty's Sign Manual and the Public Seal of the State.

(3) Before assuming office, a person appointed as Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another judge of the Supreme Court.

S. 6A

6A Lieutenant-Governor and Administrator[[5]](#endnote-6)

(1) There shall be—

(a) a Lieutenant-Governor of the State; and

(b) an Administrator of the State.

S. 6A(2) substituted by No. 70/2009 s. 7(1).

(2) The Governor may appoint a person as Lieutenant-Governor during the Governor's pleasure by Commission under the Public Seal of the State.

S. 6A(3) amended by No. 70/2009 s. 7(2).

(3) The Administrator is—

(a) the Chief Justice of the Supreme Court; or

(b) if—

(i) the Chief Justice of the Supreme Court is the Lieutenant-Governor; or

(ii) there is a vacancy in the office of Chief Justice of the Supreme Court or the Chief Justice is absent from the State or unable or unwilling to act as Administrator—

the most senior judge of the Supreme Court who is present in the State and able and willing to act as Administrator—

and shall be deemed to have been appointed as Administrator during the Governor's pleasure.

S. 6A(4) substituted by No. 70/2009 s. 7(3).

(4) The Governor may appoint a person as Administrator during the Governor's pleasure by Commission under the Public Seal of the State.

(5) Subsection (3) does not apply if—

(a) there is an Administrator appointed under subsection (4); and

(b) that Administrator is present in the State and able and willing to act.

(6) The Lieutenant-Governor or Administrator must not assume the administration of the government of the State or act as the Governor's deputy unless the Lieutenant-Governor or Administrator, as the case may be, has taken on that occasion, or has previously taken, the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another judge of the Supreme Court.

S. 6B

6B Administration by Lieutenant-Governor or Administrator[[6]](#endnote-7)

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

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

(b) the Governor has assumed the administration of the government of the Commonwealth; or

(c) the Governor—

(ii) is unable or unwilling to act—

and there is not a subsisting appointment of a deputy under section 6C.

(2) The Administrator shall not assume the administration of the government of the State unless—

(a) there is a vacancy in the office of Lieutenant-Governor; or

(b) the Lieutenant-Governor—

(ii) is unable or unwilling to act.

(3) The Lieutenant-Governor or Administrator shall, upon assuming the administration of the government of the State, notify the Premier or, in the absence of the Premier, the Acting Premier.

(4) The powers and functions of the Governor vest in the Lieutenant-Governor or Administrator during the administration of the government of the State by the Lieutenant-Governor or Administrator, as the case may be.

(5) The Lieutenant-Governor shall cease to administer the government of the State when—

(a) a person is appointed to fill the vacancy in the office of Governor and has taken the required oaths or affirmations; or

(b) the Governor ceases to administer the government of the Commonwealth; or

(c) the Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Lieutenant-Governor has been notified accordingly.

(6) The Administrator shall cease to administer the government of the State when—

(a) a person is appointed to fill the vacancy in the office of Governor or Lieutenant-Governor and has taken the required oaths or affirmations; or

(b) the Governor ceases to administer the government of the Commonwealth; or

(c) the Governor or Lieutenant-Governor is no longer absent from the State or no longer unable or unwilling to act—

as the case requires, and the Administrator has been notified accordingly.

(7) A request in writing by the Premier (or, in the absence of the Premier, the Acting Premier) that the Lieutenant-Governor or the Administrator assume the administration of the State is sufficient authority for the Lieutenant-Governor or Administrator to do so.

S. 6C

6C Deputy for Governor during short illness or absence[[7]](#endnote-8)

(1) If—

(a) the Governor is to be absent from the State or absent from Melbourne but not the State or is suffering from illness; and

(b) the Governor has reason to believe that the duration of the absence or illness will not exceed 4 weeks—

the Governor may, by instrument in writing, appoint the Lieutenant-Governor or Administrator—

(c) to be the Governor's deputy during that absence or illness; and

(d) in that capacity, to exercise and perform on behalf of the Governor such of the powers and functions of the Governor as are specified or described in the instrument—

during the period specified or described in the instrument.

(2) The Administrator shall not be appointed as deputy under this section unless—

(a) there is a vacancy in the office of Lieutenant-Governor; or

(b) the Lieutenant-Governor—

(ii) is unable or unwilling to act; or

(c) the Lieutenant-Governor has assumed the administration of the government of the State.

(3) The Governor shall not appoint a deputy under this section except with the concurrence of the Premier or, in the absence of the Premier, the Acting Premier.

(4) The appointment of a person as deputy under this section may be revoked by the Governor at any time.

(5) The powers and functions of the Governor shall not be abridged, altered or in any way affected by the appointment of a person as deputy under this section.

S. 6D

6D Oath or Affirmation[[8]](#endnote-9)

For the purposes of this Part—

(a) a reference to the Oath or Affirmation of Allegiance is a reference to an Oath or Affirmation swearing or affirming to be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law; and

(b) a reference to the Oath or Affirmation of Office is a reference to an Oath or Affirmation swearing or affirming well and truly to serve Her Majesty and Her Majesty's heirs and successors in the particular office and to do right to all manner of people after the laws and usages of the State, without fear or favour, affection or ill-will.

S. 6E
inserted by No. 13/1997 s. 3.

6E Offices are not agencies under Freedom of Information Act 1982

Despite anything to the contrary in the Freedom of Information Act 1982, the Governor, the Lieutenant-Governor or the Administrator is not an agency within the meaning of that Act.

No. 6224 s. 10(1).

7 Appropriation for staff and other expenses of the Governor

S. 7(1) amended by Nos 9773 s. 2, 1/1986 s. 4, substituted by No. 5/1992 s. 4,
amended by Nos 109/1994 s. 4(2) (as amended by No. 22/1995 s. 29(2)), 8/2002 s. 3(1).

(1) The Governor is entitled to an annual salary equal to the annual salary payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) from time to time.

S. 7(1A) inserted by No. 5/1992 s. 4.

(1A) The expenses of the office of Governor shall be met from money appropriated by the Parliament for that purpose.

S. 7(1AA) inserted by No. 38/2009 s. 18(1).

(1AA) If the Governor enters into an arrangement under Schedule 1A to the Public Administration Act 2004, the Governor may receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value.

S. 7(1B) inserted by No. 5/1992 s. 4.

(1B) Despite any other provision made by, or under the authority of, this or any other Act, the right of the Governor to a pension payable by the State is suspended while he or she holds the office of Governor.

S. 7(2) amended by No. 38/2009 s. 18(2).

(2) The salary (including the amount of any non-salary benefits) of the Governor shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

S. 7(3) inserted by No. 8/2002 s. 3(2).

(3) Despite the commencement of the amendment of subsection (1) made by section 3(1) of the Constitution (Governor's Salary) Act 2002, subsection (1) (as in force immediately before the commencement of that Act) continues to apply during the continuance in office after that commencement of the person who held office as Governor on 28 June 2001.

S. 7(4) inserted by No. 38/2009 s. 18(3).

(4) Despite the commencement of the amendments of this section made by section 18 of the Superannuation Legislation Amendment Act 2009, this section (as in force immediately before the commencement of that section 18) continues to apply during the continuance in office after that commencement of the person who held office as Governor immediately before that commencement.

S. 7(5) inserted by No. 38/2009 s. 18(3).

(5) In this section, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.

S. 7A
inserted by No. 9251 s. 2.

7A Governor's pension

S. 7A(1) amended by No. 9721 s. 2(a).

(1) Every Governor who—

(a) has resigned or retired after serving in the office of Governor for a period of not less than five years; or

S. 7A(1)(b) amended by No. 46/1987 s. 6.

(b) having served in the office of Governor for a period less than five years has retired or resigned and the Governor in Council is satisfied that that person's retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of that person's office—

shall subject to subsection (4) be entitled upon resignation or retirement from his office to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1).

(2) Reference to a Governor in subsection (1) of this section shall include a reference to any former Governor provided that any pension to which such former Governor thereby becomes entitled under this section shall only become due and payable on and from the date on which the Constitution (Governor's Pension) Act 1978 comes into operation and not before.

S. 7A(2A) inserted by No. 1/1986 s. 5(1).

(2A) A Governor who—

(a) resigns or retires after serving in the office of Governor for a period of not less than one year but less than five years; and

(b) is not entitled to a pension under subsection (1)(b)—

is, subject to subsection (4), entitled upon resignation or retirement from office to a pension payable fortnightly—

(c) at the rate per annum calculated in accordance with the formula View image in the official source where—

A is the amount of the pension to which the Governor would have been entitled under subsection (1) if the Governor had served in the office for five years; and

B is the number of full years served by the Governor in the office; or

S. 7A(2A)(d) amended by No. 46/1998

(d) at such higher rate per annum as was determined by the Governor in Council on the recommendation of the Premier and Minister administering Part 7 of the Financial Management Act 1994 when the Governor was appointed or as is so determined when the Governor resigns or retires.

S. 7A(2B) inserted by No. 1/1986 s. 5(1).

(2B) A reference to a Governor in subsection (2A) includes a reference to a former Governor who resigns or retires on or after the commencement of section 5 of the Constitution (Governor's Salary and Pension) Act 1985.

S. 7A(3) amended by Nos 9721 s. 2(b), 1/1986 s. 5(2), 46/1987 s. 6, 23/2008 s. 4(1)(a)(b).

(3) Upon the death—

S. 7A(3)(a) amended by No. 46/1987 s. 6.

(a) of any person who at the time of that person's death was serving in the office of Governor; or

(b) of any person who being a former Governor is entitled to a pension under this section—

that person's partner shall subject to subsection (4) until the partner's death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate per annum of—

S. 7A(3)(c) inserted by No. 1/1986 s. 5(2).

(c) if the person was entitled to a pension under subsection (1)—three-eighths of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1);

S. 7A(3)(d) inserted by No. 1/1986 s. 5(2).

(d) if the person was entitled to a pension under subsection (2A)—three-eighths of the pension to which the person would have been entitled but for the death.

S. 7A(4) amended by Nos 46/1987 s. 6, 48/1987 s. 7, 23/2008 s. 4(1)(a).

(4) The pension to which a person is entitled under this section shall be reduced by an amount equal to the total of the amounts, if any, that that person is entitled to receive by way of pension or retirement allowance in respect of that person's service or the service of the partner of that person under the Crown whether in right of the State of Victoria or otherwise in respect of public service in any part of the British Commonwealth of Nations but not including any amounts payable to that person under the Commonwealth Veterans' Entitlements Act 1986 as amended from time to time or under any other Act enacted in any part of the British Commonwealth of Nations and proclaimed by proclamation of the Governor in Council published in the Government Gazette as an Act for the purposes of this subsection.

S. 7A(5) amended by Nos 46/1987 s. 6, 23/2008 s. 4(1)(a)(c).

(5) Notwithstanding anything contained in subsection (3) of this section no pension shall be payable to the partner of any former Governor in any case where that partner married or became the domestic partner of that former Governor after that person ceased to be the Governor.

S. 7A(5A)
inserted by No. 23/2008 s. 5.

(5A) Subsections (8) to (22) of section 83 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 83.

S. 7A(6) amended by No. 19/2001 s. 5.

(6) All pensions payable pursuant to this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

S. 7B

7B Election of Governor to commute future pensions for payment of superannuation contributions surcharge

S. 7B(1) amended by No. 23/2008 s. 4(2).

(1) The Governor may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the Governor or his or her partner to receive a pension under this Act.

(2) The Governor may by notice in writing to the Minister revoke his or her election under subsection (1).

S. 7C

7C Actuary's first calculation after Governor's election to commute pensions

(1) If an election under section 7B is in operation, within 10 days after the day on which the Governor resigns, retires or dies while in office, the Minister must—

S. 7C(1)(a) amended by No. 23/2008 s. 4(2).

(a) cause an actuary to determine the extent to which the former Governor's pension and any future entitlement of the former Governor's partner to a pension upon the Governor's death otherwise payable under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the Governor's total pension entitlement and that of his or her partner at the time at which the former Governor became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and

S. 7C(1)(b) amended by No. 23/2008 s. 4(2).

(b) notify the former Governor or, if he or she has died, the former Governor's partner of the actuary's determination under subsection (1)(a).

S. 7C(2) amended by No. 23/2008 s. 4(2).

(2) A former Governor or, if he or she has died, the former Governor's partner may revoke the election under section 7B within 10 days after the Minister's notification under subsection (1)(b).

S. 7C(3) amended by No. 23/2008 s. 4(2).

(3) If an election under section 7B is in operation, the former Governor's pension and any future entitlement of the Governor's partner to a pension upon the Governor's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).

(4) For the purposes of subsection (1)—

(a) the reduction of the former Governor's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Governor resigned or retired; and

S. 7C(4)(b) amended by No. 23/2008 s. 4(2).

(b) the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Governor's partner on the day on which the Governor resigned, retired or died while in office; and

(c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and

(d) each reduction must be applied from the entitlement day according to paragraph (a) or (b).

S. 7D

7D Actuary's second calculation after Governor's election to commute pensions and payment of lump sum

S. 7D(1) amended by No. 23/2008 s. 4(2)(3).

(1) If an election under section 7B is in operation, the former Governor or, if he or she has died, the former Governor's partner must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the former Governor's pension or his or her partner's pension, lodge with the Minister—

S. 7D(1)(a) amended by No. 23/2008 s. 4(2).

(a) a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former Governor or his or her partner to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

(b) a copy of the superannuation contributions surcharge notice.

(2) Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary—

(a) to review the determination made under section 7C(1); and

S. 7D(2)(b) amended by No. 23/2008 s. 4(2).

(b) subject to section 7C(4), make any necessary adjustments to the determination and to the pension payable to the former Governor and to any future entitlement of the former Governor's partner to a pension upon the former Governor's death.

(3) If an election under section 7B is in operation and the Minister has received an authorisation under subsection (1), the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

S. 7E

7E Election of former Governor to commute pensions for payment of superannuation contributions surcharge

S. 7E(1) amended by No. 23/2008 s. 4(2).

(1) If no election under section 7B is in operation, a former Governor who is entitled to receive a pension under this Act may elect to have part of his or her pension and that of his or her partner commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Governor or his or her partner to receive a pension under this Act.

S. 7E(2)(a) amended by No. 23/2008 s. 4(3).

(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice is issued in respect of a former Governor's pension or his or her partner's pension; and

(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pensions; and

S. 7E(2)(c) amended by No. 23/2008 s. 4(2).

(c) authorise the Minister to pay the lump sum on behalf of the former Governor or his or her partner to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

S. 7F

7F Actuary's calculation after former Governor's election to commute pensions

(1) If an election under section 7E is in operation, the Minister must within 10 days after the day on which the Minister received the election—

S. 7F(1)(a) amended by No. 23/2008 s. 4(2).

(a) cause an actuary to determine the extent to which a former Governor's pension and any future entitlement of the former Governor's partner to a pension upon the Governor's death otherwise payable under this Act will be reduced subject to section 7G(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pensions; and

S. 7F(1)(b) amended by No. 23/2008 s. 4(2).

(b) notify the former Governor or, if he or she has died, the former Governor's partner of the actuary's determination under subsection (1)(a).

S. 7F(2) amended by No. 23/2008 s. 4(2).

(2) A former Governor or, if he or she has died, the former Governor's partner may revoke the election under section 7E within 10 days after the Minister's notification under subsection (1)(b).

S. 7G

7G Payment and commutation of the former Governor's pension

(1) If an election under section 7E is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

S. 7G(2) amended by No. 23/2008 s. 4(2).

(2) The former Governor's pension and any future entitlement of the Governor's partner to a pension upon the Governor's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 7F in consequence of the payment of the lump sum.

(3) For the purposes of section 7F—

(a) the reduction of the former Governor's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Governor resigned or retired; and

S. 7G(3)(b) amended by No. 23/2008 s. 4(2).

(b) the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Governor's partner on the day on which the Governor resigned or retired; and

(c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and

(d) the reduction must be applied from the day of payment of the lump sum under subsection (1).

S. 7H (Heading) amended by No. 23/2008 s. 4(2).

S. 7H

7H Election of Governor's partner to commute pension for payment of superannuation contributions surcharge

S. 7H(1) amended by No. 23/2008 s. 4(2).

(1) If no election made under section 7B or 7E is in operation, a person who is entitled to receive a pension under this Act as the partner of a deceased former Governor may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Governor to receive a pension under this Act or the entitlement of the deceased former Governor's partner to receive a pension under this Act.

S. 7H(2)(a) amended by No. 23/2008 s. 4(3).

(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former Governor's pension or his or her partner's pension; and

(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and

S. 7H(2)(c) amended by No. 23/2008 s. 4(2).

(c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner of a deceased former Governor to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

S. 7I (Heading) amended by No. 23/2008 s. 4(2).

S. 7I

7I Actuary's calculation of reduction of pension of former Governor's partner

(1) If an election is made under section 7H, the Minister must within 10 days after the day on which the Minister received the election—

S. 7I(1)(a) amended by No. 23/2008 s. 4(2).

(a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner of a deceased former Governor otherwise payable under this Act will be reduced subject to section 7J(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and

(b) notify the person of the actuary's determination under subsection (1)(a).

S. 7I(2) amended by No. 23/2008 s. 4(2).

(2) A person who is entitled to receive a pension under this Act as the partner of a deceased former Governor may revoke his or her election under section 7H within 10 days after the Minister's notification under subsection (1)(b).

S. 7J (Heading) amended by No. 23/2008 s. 4(2).

S. 7J

7J Payment and commutation of pension of former Governor's partner

(1) If an election under section 7H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

S. 7J(2) amended by No. 23/2008 s. 4(2).

(2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner of the deceased former Governor otherwise payable from time to time under this Act must be reduced to the extent determined under section 7I.

(3) For the purposes of section 7I—

S. 7J(3)(a) amended by No. 23/2008 s. 4(2).

(a) the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of—

S. 7J(3)(a)(i) amended by No. 23/2008 s. 4(2).

(i) an amount equal to the total pension entitlement of the Governor and his or her partner on the day on which the Governor resigned or retired; or

S. 7J(3)(a)(ii) amended by No. 23/2008 s. 4(3).

(ii) in the case of the Governor's death while in office, an amount equal to his or her partner's total pension entitlement on the day on which the Governor died; and

(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and

(c) the reduction must be applied from the day of payment of the lump sum under subsection (1).

Constitution Act s. XXVIII.

8 Convocation, prorogation and dissolution

(1) The Governor may by proclamation or otherwise fix such places within Victoria and subject to this Act such times for holding every session of the Council and Assembly and may vary and alter the same respectively in such manner as he thinks fit.

S. 8(2) amended by No. 10106 s. 4(a).

(2) Subject to subsection (3) the Governor may if he thinks fit by proclamation or otherwise from time to time—

(a) prorogue the Council the Assembly or both the Council and the Assembly; or

(b) dissolve the Assembly.

S. 8(3) inserted by No. 10106 s. 4(b), substituted by No. 2/2003 s. 3.

(3) The Governor may not dissolve the Assembly (including the Assembly last elected before the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent) unless—

(a) the Assembly is dissolved in accordance with section 8A; or

(b) the Premier has given advice to the Governor under section 65E(2) to dissolve the Assembly.

S. 8(4)–(6) inserted by No. 10106 s. 4(b), repealed by No. 2/2003 s. 3.

S. 8A inserted by No. 2/2003 s. 4.

8A Dissolution of Assembly after a no confidence motion

(1) The Assembly may be dissolved if—

(a) a motion of no confidence in the Premier and the other Ministers of State for the State of Victoria is passed by the Assembly; and

(b) during the period commencing on the day of the passage of the motion of no confidence and ending 8 clear days after that day, the Assembly has not passed a motion of confidence in the then Premier and the other Ministers of State for the State of Victoria.

(2) Notice of a proposed motion of no confidence under subsection (1)(a) must be given at least 3 clear days before it is moved.

(3) After a motion of no confidence under subsection (1)(a) is passed, unless a motion of confidence is passed under subsection (1)(b), the Assembly may not be—

(a) prorogued before the end of the period specified in subsection (1)(b); or

(b) adjourned for a period extending beyond the end of the period specified in subsection (1)(b).

No. 6224 s. 5.

9 Demise of the Crown not to dissolve Parliament

The Parliament in being at any demise of the Crown shall not be determined or dissolved by such demise, but shall continue so long as it would have continued but for such demise, unless it is sooner prorogued or dissolved by the Governor.

No. 6224 s. 4.

10 Certain acts not to be affected by a demise of the Crown

All things done within Victoria at any time after any demise of the Crown but before the Governor by his proclamation published in the Government Gazette has notified such demise 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.

No. 6224 s. 6.

11 All appointments etc. by the Governor to continue in force notwithstanding demise of the Crown

(1) Every commission warrant or other authority for the exercise of any office or employment of any kind or nature within Victoria issued or exercised by the Governor or the Governor in Council or by any other person in the name and on behalf of Her Majesty in virtue of his office or under the authority of any Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland or of the Parliament of Victoria or of any rules or regulations made thereunder respectively shall continue in full force notwithstanding any demise of the Crown and be of the same effect as if no such demise had happened.

(2) No action suit or other process or proceeding civil or criminal in or to which Her Majesty is a party or which has been commenced or carried on in her name or by her authority shall by reason of her demise abate discontinue or be in any manner affected; but every such action suit process or proceeding shall be carried on enforced or otherwise completed or acted on in the name of the reigning Sovereign for the time being and as if such demise had not happened.

(3) The Public Seal of the State and other Public Seals in being at the time of the demise of the Crown shall continue and be made use of as if no such demise had happened.

No. 6224 s. 8.

12 Exercise by the Governor of powers given to and reservation in favour of Her Majesty

Where in and by any grant or lease from the Crown or deed or document any exception or reservation is made in favour of or any power is given to Her Majesty or Her Majesty her heirs and successors, the Governor may on behalf of Her Majesty or Her Majesty her heirs and successors take the benefit and advantage of any such exception or reservation and may exercise any such power in the same manner as Her Majesty or Her Majesty her heirs and successors might have done.

S. 12A inserted by No. 10096 s. 4(4)(Sch. item 6(a)), substituted by No. 70/1992 s. 3, repealed by No. 108/1994 s. 6(1)(b).[9]

No. 6224 s. 7.

13 Contracts by or on behalf of Her Majesty

All contracts of every kind lawfully entered into by or on behalf of Her Majesty or any of her successors to the Crown with any person body or authority and all benefit and advantage thereof and all liability in respect thereof shall attach and belong to the heirs and successors of Her Majesty or of such successors (as the case may be) although they are not expressly named in any such contract.

Constitution Act s. XXXVI.

14 Governor's amendments

The Governor may transmit by message to the Council or the Assembly for its consideration any amendment which he desires to be made in any Bill presented to him for Her Majesty's assent and all such amendments shall be taken into consideration in such convenient manner as the standing rules and orders of the Council and the Assembly provide.

Part II—The Parliament

Division 1—Constitution and powers

No. 6224 s. 11.

15 Parliament

The legislative power of the State of Victoria shall be vested in a Parliament, which shall consist of Her Majesty, the Council, and the Assembly, to be known as the Parliament of Victoria.

Constitution Act s. I.

16 Legislative power of Parliament

The Parliament shall have power to make laws in and for Victoria in all cases whatsoever.

S. 16A inserted by No. 2/2003 s. 12.

16A The principle of Government mandate

(1) It is the intention of the Parliament that regard should be given to the following principle—

The Council as a House of Review will exercise its powers in recognition of the right and obligation of the current Government to implement—

(a) the Government's specific mandate—the policies, promises and initiatives which were publicly released by or on behalf of the Government during the last election campaign; and

(b) the Government's general mandate—to govern for and on behalf of the people of Victoria.

(2) The principle in subsection (1) is not to be construed as limiting the powers of the Council, the Assembly or the Parliament.

Constitution Act s. LIV.

17 Waste lands of the Crown

Subject to this Act the Parliament may make laws regulating the sale letting disposal and occupation of the waste lands of the Crown within Victoria and of all mines and minerals which are within the jurisdiction control or disposition of Her Majesty in and adjacent to Victoria.

Constitution Act ss LX and LXI.

18 Power for Parliament to alter this Act

S. 18(1) amended by No. 2/2003 s. 17(1).

(1) Subject to this section, the Parliament may by any Act repeal alter or vary all or any of the provisions of this Act and substitute others in lieu thereof.

S. 18(1A) inserted by No. 2/2003 s. 17(2).

(1A) In this section—

referendum means a referendum conducted in accordance with Part 9A of the Electoral Act 2002;

special majority means 3/5ths of the whole number of the members of the Assembly and of the Council respectively.

S. 18(1B) inserted by No. 2/2003 s. 17(2).

(1B) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(a) this subsection or subsection (1A), (1BA), (1C) or (3); or

(b) Subdivision 1 of Division 5 of Part II; or

(c) Subdivision 2 of Division 5 of Part II; or

(d) Subdivision 1 of Division 6 of Part II; or

(e) Subdivision 2 of Division 6 of Part II; or

(f) Subdivision 3 of Division 6 of Part II; or

(g) section 41; or

(h) Division 9 of Part II; or

(i) Division 9A of Part II; or

(j) Part IIA; or

(k) section 75(1); or

(l) Part IIIA; or

(m) Part IV; or

(n) Division 3 of Part V; or

(o) Part VA; or

(p) any provision substituted for any provision specified in paragraphs (a) to (o)—

may be repealed, altered or varied unless the Bill has been passed by the Assembly and the Council and approved by the majority of the electors voting at a referendum.

S. 18(1BA) inserted by No. 2/2003 s. 17(2).

(1BA) For the purposes of subsection (1B), a provision of a Bill is not to be taken to repeal, alter or vary Part IIA unless the Bill expressly refers to that Part in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary Part IIA.

S. 18(1C) inserted by No. 2/2003 s. 17(2).

(1C) A Bill to which subsection (1B) applies must be submitted to a referendum on a day not sooner than 59 days after the Bill has been passed by the Assembly and the Council.

S. 18(2) amended by Nos 9254 s. 2(b), 35/1991 s. 5(1), 62/1999 s. 10, 53/1999 s. 4, substituted by No. 2/2003 s. 17(2), amended by No. 37/2003 s. 4(1)(d).

(2) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

S. 18(2)(aa) inserted by No. 73/2004 s. 4.

(aa) section 1A; or

(a) Part I; or

(b) Division 1 of Part II (other than section 18); or

S. 18(2)(c) amended by No. 37/2003 s. 4(1)(a).

(c) this subsection or subsection (4) or (6); or

(d) Subdivision 1 of Division 7 of Part II; or

(e) Subdivision 2 of Division 7 of Part II; or

(f) Section 61A; or

S. 18(2)(fa) inserted by No. 37/2003 s. 4(1)(b).

(fa) Part VII; or

S. 18(2)(fab) inserted by No. 8/2021 s. 3.

(fab) Part VIII; or

S. 18(2)(fac) inserted by No. 36/2024 s. 3.

(fac) section 103; or

S. 18(2)(fb) inserted by No. 16/2005 s. 3(1).

(fb) Part IIIAA; or

S. 18(2)(g) amended by Nos 37/2003 s. 4(1)(c), 16/2005 s. 3(2).

(g) any provision substituted for any provision specified in paragraphs (a) to (fb)—

may be repealed, altered or varied or any Bill by which—

S. 18(2)(h) inserted by No. 37/2003 s. 4(1)(d).

(h) responsibility for ensuring the delivery of a water service (within the meaning of Part VII) may be transferred to a person or body that is not a public authority (within the meaning of that Part) or the accountability to a responsible Minister of the Crown of such an authority for ensuring the delivery of such a service may be removed—

unless the third reading of the Bill is passed by a special majority.

S. 18(2AA) inserted by No. 2/2003 s. 17(2).

(2AA) It shall not be lawful to present to the Governor for Her Majesty's assent any Bill by which—

(a) this subsection or subsection (2A) or (5); or

(b) Part III (other than section 75(1) or 85); or

(c) any provision substituted for any provision specified in paragraph (a) or (b)—

may be repealed, altered or varied unless the third reading of the Bill is passed by an absolute majority.

S. 18(2A) inserted by No. 35/1991 s. 5(2), amended by No. 2/2003 s. 17(3).

(2A) A provision of a Bill by which section 85 may be repealed, altered or varied is void if the third reading of the Bill is not passed with the concurrence of an absolute majority of the whole number of the members of the Council and of the Assembly respectively.

S. 18(3) substituted by No. 2/2003 s. 17(4).

(3) Any Bill dealing with any of the matters specified in subsection (1B) which has not been approved in accordance with that subsection is void.

S. 18(4) substituted by No. 2/2003 s. 17(4).

(4) Any Bill dealing with any of the matters specified in subsection (2) which has not been passed in accordance with that subsection is void.

S. 18(5) inserted by No. 2/2003 s. 17(4).

(5) Any Bill dealing with any of the matters specified in subsection (2AA) which has not been passed in accordance with that subsection is void.

S. 18(6) inserted by No. 37/2003 s. 4(2).

(6) Subsection (2) does not apply to any Bill to—

(a) enable a public authority (within the meaning of Part VII) to enter into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of a water service (within the meaning of that Part); or

(b) alter the structure, composition or membership of a public authority (within the meaning of Part VII) that has responsibility for ensuring the delivery of a water service (within the meaning of that Part) if the alteration does not affect its status or the status of a successor body as such a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service.

Division 2—Privileges of Parliament

No. 6224 s. 12.

19 Privileges powers etc. of Council and Assembly

(1) The Council and the Assembly respectively and the committees and members thereof respectively shall hold enjoy and exercise such and the like privileges immunities and powers as at the 21st day of July, 1855 were held enjoyed and exercised by the House of Commons of Great Britain and Ireland and by the committees and members thereof, so far as the same are not inconsistent with any Act of the Parliament of Victoria, whether such privileges immunities or powers were so held possessed or enjoyed by custom statute or otherwise.

(2) The Parliament may by Act legislate for or with respect to the privileges immunities and powers to be held enjoyed and exercised by the Council and the Assembly and by the committees and the members thereof respectively.

No. 6224 s. 13.

(3) Any copy of the Journals of the House of Commons printed or purporting to be printed by the order or printer of the House of Commons shall be received as prima facie evidence without proof of its being such copy, upon any inquiry touching the privileges immunities and powers of the Council or the Assembly or of any committee or member thereof respectively.

S. 19A inserted by No. 9695 s. 2.

19A Power to the Council and the Assembly and committees and joint committees thereof to administer oaths to witnesses

S. 19A(1) amended by No. 9765 s. 10, substituted by No. 110/2003 s. 55(1).

(1) In this section, committee means a committee of the Council or of the Assembly or a joint committee of the Council and the Assembly or a sub-committee of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 or a member of a Joint Investigatory Committee or such a sub-committee who is empowered to take evidence under section 28 or 32 of that Act.

(2) The Council or the Assembly may administer an oath to the witnesses examined at the bar of the Council or the Assembly (as the case may be).

S. 19A(3) amended by No. 44/2006 s. 23(1).

(3) Any committee may administer an oath to the witnesses examined before such committee including by means of audio link or audio visual link in accordance with section 28(4A) of the Parliamentary Committees Act 2003.

(4) Any oath or affirmation taken or made by any witness before the Council or the Assembly or a committee of the whole Council or of the whole Assembly may be administered by the Clerk of the Council or the Clerk of the Assembly (as the case may be) at the table.

S. 19A(5) amended by No. 9765 s. 10, substituted by No. 110/2003 s. 55(2).

(5) Any oath or affirmation taken or made by any witness before any other committee may be administered by—

(a) the chairperson of the committee; or

(b) the clerk attending the committee; or

S. 19A(5)(c) amended by No. 44/2006 s. 23(2).

(c) a member of a Joint Investigatory Committee or sub-committee of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 empowered to take evidence under that Act or if section 28(4A)(b) of that Act applies, a person authorised by the Joint Investigatory Committee for the purposes of that section.

(6) In any case where a witness, if to be examined before the Supreme Court, would be permitted to make a solemn affirmation or declaration or to give evidence in any other way than upon oath, a witness to be examined under this section shall be in like manner allowed to give evidence upon affirmation or declaration or otherwise, as aforesaid.

(7) No action shall be maintainable against any witness who has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by him while giving such evidence.

(8) Every person examined under this section who wilfully gives false evidence shall be liable to the penalties of perjury.

(9) Nothing in this section shall derogate from any power or privilege of either House, or of the members or committees of either House or of the joint committees of the Council and the Assembly, but no person shall be liable to be proceeded against or punished twice for the same offence whether as a breach of privilege or as an offence against this section or any other enactment or at common law.

Division 3—Summoning of Parliament. Oath of allegiance

No. 6224 s. 50.

20 Summoning of Parliament

The Governor may by proclamation summon the Council and the Assembly to meet for the despatch of the business of the Parliament on any day not less than six days from the date of such proclamation or in a case of emergency upon such shorter notice as he may think fit.

No. 6224 s. 51.

21 Effect of summoning of Parliament

When the Governor by proclamation summons the Council and the Assembly for the despatch of the business of the Parliament as provided by the last preceding section the Council and the Assembly shall thereupon stand adjourned to the day and time declared in such proclamation notwithstanding any previous adjournment of the Council and the Assembly or either of them to any later day and notwithstanding any former law usage or practice to the contrary.

No. 6224 s. 52.

22 How in case of adjournment orders of either House shall be deemed to have been appointed

All orders made by the Council or the Assembly and appointed for the day to which the Council or the Assembly (as the case may be) has been adjourned or to any day or days subsequent thereto other than and except any order or orders specially appointed for particular days and declared to be so fixed notwithstanding any meeting under the provisions of section 20 and other than any order made under the express provisions of any Act shall be deemed and taken to have been appointed for the day on which the Council and the Assembly shall meet in pursuance of such proclamation.

No. 6224 s. 53.

23 Oath of allegiance

(1) No member either of the Council or the Assembly shall be permitted to sit or vote therein respectively until he has taken and subscribed before the Governor or some person authorized by the Governor in that behalf the oath or affirmation in the Second Schedule.

(2) Whenever the demise of the Crown is notified by the Governor to the Council and the Assembly, the members of the Council and of the Assembly shall before they are permitted to sit or vote therein respectively take and subscribe the like oath or affirmation to the successor for the time being to the Crown.

Division 4—Presiding officers

24 As to term of office and power of presiding officers

S. 24(1) amended by No. 27/2017 s. 57(a).

(1) If the presiding officer of the Council or the Assembly resigns his office or his seat, he shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the presiding officer of that House (whether or not that House expires or is dissolved after he so resigns) until the day before a presiding officer is to be chosen by that House.

S. 24(2) amended by No. 2/2003 s. 49(2).

(2) If the President of the Council ceases to be a member of the Council by reason of the expiration of his term of office, he shall, for the purposes of the exercise of any powers or functions by the President of the Council under this or any other Act or under the standing orders or the joint standing orders be deemed to continue to be the President of the Council until the day before a President is to be chosen by the Council.

S. 24(3) amended by Nos 37/2013 s. 18(2), 27/2017 s. 57(a).

(3) If—

(a) the presiding officer of either House; or

(b) a person who, by virtue of this section, is deemed to be, for the purposes of the exercise of any powers or functions of the presiding officer of either House, to be or to continue to be the presiding officer of that House—

dies, is absent from Victoria or is incapable by reason of illness leave of absence or other unavoidable cause from exercising any powers or functions conferred or imposed upon the presiding officer, the deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House, be deemed to be the presiding officer of that House (whether or not that House expires or is dissolved after the death or during the absence or incapacity) until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.

S. 24(4) amended by No. 37/2013 s. 18(2).

(4) For the purposes of subsection (3) where there is no deputy presiding officer of a House, the person who last held office as deputy presiding officer of that House shall be deemed to continue to be deputy presiding officer of that House until a deputy presiding officer of that House is appointed by that House.

S. 24(5) amended by Nos 2/2003 s. 7(3)(a)(b), 27/2017 s. 57(b).

(5) Where the Assembly expires or is dissolved, the person, if any, who is the presiding officer of a House immediately before the expiry or dissolution shall, for the purposes of the exercise of any powers or functions of the presiding officer of that House under this or any other Act or under the standing orders or the joint standing orders, be deemed to continue to be the presiding officer of that House until the day before a presiding officer is to be chosen by that House.

S. 24(6) amended by Nos 2/2003 s. 7(4)(a)(b), 37/2013 s. 18(2), 27/2017 s. 57(c).

(6) If, after the Assembly has expired or been dissolved the person (if any) who was the presiding officer of a House immediately before the expiry or dissolution dies, is absent from Victoria or is incapable by reason of illness of exercising any powers or functions under this or any other Act or under the standing orders or the joint standing orders, the person who last held office as deputy presiding officer of that House shall, for the purposes of the exercise of any powers or functions by the presiding officer of that House under any such Act or Order be deemed to be the presiding officer of that House until a presiding officer is chosen by that House or the absence or incapacity terminates, as the case may be.

Division 5—Legislative Council

No. 6224 s. 67.

25 Definitions

In this Division unless inconsistent with the context or subject-matter—

member means a member of the Council;

seat means the right of sitting and voting as a member in the Council.

Pt 2 Div. 5 Subdiv. (1) (Heading) amended by No. 2/2003 s. 49(3).

Subdivision (1)—Regions and members

No. 6224 s. 68.

S. 26 substituted by No. 2/2003 s. 8.

26 Number of members of the Council

(1) This section and section 27 apply in respect of the first Council to be elected after the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent and each subsequent Council.

(2) The Council is to consist of 40 members who are to be representatives of, and elected by, the electors of the respective regions.

No. 6224 s. 69.

S. 27 amended by Nos 9892 s. 2(1), 24/1999 s. 44(2)(3), substituted by No. 2/2003 s. 8.

27 Division of Victoria into 8 regions

(1) The State of Victoria is to be divided into 8 regions each of which is to return 5 members to the Council.

(2) Each region must—

(a) consist of 11 districts; and

(b) have a boundary that is contiguous with the boundaries of the districts that constitute the region.

(3) The Electoral Boundaries Commission must in accordance with the Electoral Boundaries Commission Act 1982—

(a) divide the State of Victoria into regions; and

(b) publish the name and boundaries of each region in the Government Gazette.

S. 27A inserted by No. 2/2003 s. 9.

27A Filling of casual vacancies in the Council

(1) Subject to this section, if a casual vacancy occurs in the seat of a member of the Council, a person must be chosen to occupy the vacant seat by a joint sitting of the Council and the Assembly.

(2) A joint sitting of the Council and the Assembly need not be held if the casual vacancy occurs 3 months or less before the day on which the seat would have become vacant due to the expiry of the Assembly.

(3) Subsection (4) applies if a casual vacancy occurs in the seat of a member of the Council who was at the time that the member was elected endorsed as a candidate in the election by a registered political party the name of which was printed adjacent to the name of the candidate on the ballot-paper under section 74 of the Electoral Act 2002.

(4) If this subsection applies, the joint sitting of the Council and the Assembly must choose a member of the registered political party referred to in subsection (3) nominated by that registered political party if the registered political party nominates a member of the registered political party for the vacancy who would otherwise be qualified to be elected a member of the Council.

(5) If subsection (4) does not apply, the joint sitting of the Council and the Assembly must choose a person who—

(a) would otherwise be qualified to be elected as a member of the Council and has resided in the region to which the vacancy relates for a period of not less than 12 months immediately before the joint sitting; and

(b) has not been a member of a political party at any time during the period of 5 years immediately before the joint sitting.

(6) Subject to subsection (7), the joint sitting of the Council and the Assembly is to be conducted in accordance with the rules adopted by the members present at the joint sitting.

(7) At the joint sitting of the Council and the Assembly—

(a) the members have the same privileges and immunities as the members of the Assembly in relation to proceedings before that House;

(b) a question—

(i) other than a question to which subparagraph (ii) applies, is to be decided by a majority of the votes cast by the members present at the joint sitting;

(ii) for the purpose of subsection (5) is to be decided by a special majority being 3/5ths of the whole number of members of both the Council and the Assembly present at the joint sitting;

(c) in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.

No. 6224 ss 70–72.

S. 28 substituted by Nos 10106 s. 5, 2/2003 s. 5.

28 Duration of the Council

(1) The Council which is in existence immediately before the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent shall exist and continue until the dissolution or other lawful determination of the Assembly last elected before that Royal Assent is received.

(2) The Council (other than the Council to which subsection (1) applies) shall exist and continue until the dissolution or other lawful determination of the Assembly.

Constitution Act s. XVI.

29 Member of Assembly not capable of being member of Council

A member of the Assembly may not be elected to or sit or vote as a member of the Council.

S. 29A inserted by No. 2/2003 s. 10.

29A Title of members

(1) A member of the Council who is not the President or a member of the Executive Council is not entitled to be styled "The Honourable".

(2) Nothing in subsection (1) affects any privilege or right of a person who ceased to be a member of the Council before the commencement of section 10 of the Constitution (Parliamentary Reform) Act 2003 to be styled "The Honourable".

Constitution Act s. VIII.

30 Resignation of members

A member may resign his seat by a letter addressed to the Governor and on its receipt by the Governor the seat of such member shall become vacant.

Subdivision (2)—Proceedings of the Council

Constitution Act s. VI.

31 Election of President

(1) The Council, if there is no President, shall before proceeding to the despatch of any other business elect a member of the Council to be the President.

(2) In the case of the death resignation or removal by a vote of the Council of the President the Council shall before proceeding to the despatch of any other business elect some other member to be the President.

(3) The President so elected shall preside at the meetings of the Council except as may be provided by the standing rules and orders.

Constitution Act s. IX.

32 Quorum of Legislative Council

S. 32(1) amended by No. 2/2003 s. 11(1).

(1) The Council shall not proceed to the despatch of business unless there be present inclusive of the President one-third at least of the members.

S. 32(2) substituted by No. 2/2003 s. 11(2).

(2) Subject to subsection (2A) and section 18, all questions arising in the Council shall be determined by a majority of the members present including the President.

S. 32(2A) inserted by No. 2/2003 s. 11(2).

(2A) The President has a deliberative vote but not a casting vote.

(3) The Chairman of Committees shall be the Deputy President of the Council.

Division 6—Legislative Assembly

33 Definitions

In this Division unless inconsistent with the context or subject-matter—

member means a member of the Assembly;

seat means the right of sitting and voting as a member in the Assembly.

Subdivision (1)—Districts and members

No. 6224 s. 85.

34 Constitution of Assembly

The Assembly shall consist of members who shall be representatives of and be elected by the electors of the respective districts.

No. 6224 ss 86, 87.

35 Division of Victoria into electoral districts

S. 35(1) amended by No. 9892 s. 3(1).

(1) Victoria shall be divided into 88 districts each of which shall return one member to the Assembly.

S. 35(1A) inserted by No. 24/1999 s. 44(4).

(1A) The abolition of subdivisions does not affect the election of members of the Assembly or the enrolment of electors in respect of a district.

(2) The name and boundaries of each district shall be published in the Government Gazette.

S. 35(3)(4) repealed by No. 24/1999 s. 44(2).

Constitution Act s. XVI.

36 Member of Council not capable of being member of Assembly

A member of the Council may not be elected to or sit or vote as a member of the Assembly.

Constitution Act s. XXIII.

37 Resignation of members

A member may resign his seat by a letter addressed to the Speaker and on its receipt by the Speaker the seat of such member shall become vacant.

Subdivision (2)—Duration of the Assembly

No. 6224 s. 101.

S. 38 substituted by Nos 10106 s. 6, 2/2003 s. 6.

38 Duration of Assembly

(1) Subject to subsection (2), the Assembly last elected before the Constitution (Parliamentary Reform) Act 2003 receives the Royal Assent and each subsequent Assembly shall expire on the Tuesday which is 25 days before the last Saturday in November which is nearest to the fourth anniversary of the election day on which it was elected.

(2) If the previous Assembly is dissolved, the subsequent Assembly shall expire on the Tuesday which is 25 days before the last Saturday in November which is nearest to the last anniversary of the election day on which it was elected that occurs not more than 4 years after it was elected.

S. 38A inserted by No. 2/2003 s. 6.

38A Date of general election

(1) The writs issued under the Electoral Act 2002 for a general election of the Assembly and Council must name as the election day—

(a) if the previous Assembly expired, the last Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or if section 38(2) applies, the Saturday referred to in that section; or

(b) if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day.

(2) Despite subsection (1)(a), in exceptional circumstances, on the recommendation of the Premier with the agreement of the Leader of Her Majesty's Opposition, the Governor may postpone the election day under subsection (1)(a) to another Saturday as nearest as possible to the fourth anniversary of the election day on which the previous Assembly was elected or to another Saturday as nearest as possible to the Saturday referred to in section 38(2) as the case may be.

Subdivision (3)—Proceedings of the Assembly

Constitution Act s. XX.

39 Election of Speaker

(1) The Assembly shall at its first meeting after a general election and before proceeding to the despatch of any other business elect a member of the Assembly to be Speaker.

(2) In case of the death resignation or removal by a vote of the Assembly of the Speaker the Assembly shall before proceeding to the despatch of any other business elect some other member to be Speaker.

(3) The Speaker shall preside at the meetings of the Assembly except as may be provided by the standing rules and orders.

Constitution Act s. XXI.

40 Quorum of Assembly

(1) The Assembly shall not proceed to the dispatch of business unless there be present exclusive of the Speaker at least twenty of the members.

(2) Subject to section 18 all questions arising in the Assembly shall be decided by a majority of members present other than the Speaker and when the votes are equal the Speaker shall have a casting vote.

(3) The Chairman of Committees shall be the Deputy Speaker of the Assembly.

Division 7—Provisions applicable to both the Council and the Assembly

Constitution Act s. XXIX.

41 Sessions of Council and Assembly

There shall be a session of the Council and the Assembly once at least in every year so that a period of twelve calendar months shall not intervene between the last sitting of the Council and the Assembly in one session and the first sitting of the Council and the Assembly in the next session.

Constitution Act s. XXII.

S. 42 amended by No. 2/2003 s. 49(4).

42 Quorum of Houses may act though election may have failed

No omission or failure to elect a member or members in or for any region or district nor the vacating of the seat or avoiding of the election of any such member or members shall be deemed or taken to make either the Council or the Assembly (as the case may be) incomplete or to invalidate any proceedings thereof or to prevent the Council or the Assembly from meeting and despatching business so long as there shall be a quorum of members present.

Constitution Act s. XXXIV.

43 Standing rules and orders

(1) The Council and the Assembly may from time to time make amend or vary standing rules and orders for or with respect to—

(a) the manner in which the Council and the Assembly shall be presided over in case of the absence of the President and Deputy President or Speaker and Deputy Speaker (as the case may be);

(b) the mode in which the Council and the Assembly shall communicate;

(c) the proper passing intituling and numbering of the Bills introduced into and passed by the Council and the Assembly;

(d) the proper presentation of such Bills to the Governor for Her Majesty's assent and the consideration of any amendment that the Governor desires to be made;

(e) the due publication of all proposed proceedings in the Council and the Assembly; and

(f) the conduct of all business and proceedings in the Council and the Assembly severally and collectively.

(2) A standing rule or order affecting the mode of communication between the Council and the Assembly or the proceedings of the Council and the Assembly collectively shall be of no force unless the same shall have been adopted both by the Council and the Assembly.

Subdivision (1)—Membership of the Council and the Assembly

ss 73, 99.

44 Membership of the Council and the Assembly

S. 44(1) amended by No. 10146 s. 4, substituted by No. 23/2002 s. 189(2).

(1) Subject to this Act, a person is qualified to be elected a member of the Council or the Assembly if, at the close of the roll in relation to the election for which the person is a candidate—

(a) the person is enrolled on the register of electors within the meaning of the Electoral Act 2002 and is entitled to vote at an election; and

(b) the person's principal place of residence is in Victoria.

(2) An elector who—

(a) is a judge of a court of Victoria;

(b) is a member of either House of the Parliament of the Commonwealth;

(c) is an undischarged bankrupt—

shall not be qualified to be elected a member of the Council or the Assembly.

Constitution Act s. XI.

S. 44(3) amended by No. 9576 s. 11(1).

(3) An elector who has been convicted or found guilty of an indictable offence which by virtue of any enactment is punishable upon first conviction by imprisonment for life or for a term of five years or more committed by him when of or over the age of 18 years under the law of Victoria or under the law of any other part of the British Commonwealth of Nations shall not be qualified to be elected a member of the Council or the Assembly.

Constitution Act s. XXVI.

No. 6224 s. 74.

45 Avoidance of election of unqualified person

(1) If a person who is not qualified to be elected a member of the Council or the Assembly (as the case may be) is elected and returned as such a member the election and return shall be declared by the Court of Disputed Returns to be void.

(2) If a person so elected and returned contrary to the provisions of this Part sits or votes in the Council or the Assembly he shall be guilty of an offence against this Act.

1. $500.

Constitution Act s. XXIV.

46 Vacation of seat

If a member of the Council or the Assembly—

(a) ceases to be qualified to be elected a member of the Council or the Assembly; or

(b) fails to attend the Council or the Assembly without the permission of the Council or the Assembly (as the case may be) for one entire session—

his seat in the Council or the Assembly shall become vacant.

No. 6224 s. 48.

47 Member of Victorian Parliament elected to Federal Parliament

If a member of the Council or the Assembly is elected a member of either House of the Parliament of the Commonwealth his seat in the Council or the Assembly shall become vacant—

(a) if a petition against the return of the member to the Parliament of the Commonwealth is not lodged within the time allowed for the lodging of such petitions, upon the expiration of the time so allowed; or

(b) if a petition is lodged within the time allowed for the lodging of such petitions, upon the final determination of that petition in favour of the member.

Subdivision (2)—Qualification of electors for the Council and the Assembly

ss 76, 77, 102, 103.

S. 48 amended by Nos 9077 s. 2, 9427 s. 6(1)(Sch. 5 item 24),
9826 s. 2, substituted by No. 10146 s. 5.

48 Qualification of electors for the Council and the Assembly

(1) Subject to this Act, a person who—

(a) is—

(i) an Australian citizen; or

S. 48(1)(a)(ii) substituted by No. 61/1986 s. 3(a).

(ii) a person (other than an Australian citizen) who would, if the relevant citizenship law had continued in force, be a British subject within the meaning of that relevant citizenship law and whose name was, at any time within the three months immediately before 26 January 1984, enrolled on—

(A) an electoral roll for an electoral district of the Assembly; or

(B) an electoral roll maintained under any one of the Commonwealth Acts known as the Commonwealth Electoral Act 1918, the Australian Capital Territory Representation (House of Representatives) Act 1973 and the Northern Territory Representation Act 1922; and

(b) is of the full age of eighteen years—

shall be entitled to enrol as an elector for the Council and the Assembly.

S. 48(2) amended by No. 23/2002 s. 189(4).

(2) A person who—

(a) has been convicted of treason under the law of Victoria or treason or treachery under the law of the Commonwealth or a State or Territory of the Commonwealth and has not been pardoned;

S. 48(2)(b) substituted by No. 23/2002 s. 189(3).

(b) is serving a sentence of 5 years imprisonment or more for an offence against the law of Victoria, the Commonwealth or another State or a Territory of the Commonwealth;

(c) is—

(i) the holder of a temporary entry permit for the purposes of the Commonwealth Act known as the Migration Act 1958; or

(ii) a prohibited immigrant under that Act; or

(d) by reason of being of unsound mind, is incapable of understanding the nature and significance of enrolment and voting—

is not entitled to be enrolled as an elector for the Council or Assembly.

S. 48(2A) inserted by No. 10244 s. 10, amended by No. 43/1996
s. 65(Sch.
item 4.1), repealed by No. 23/2002 s. 189(5).

(3) Any entitlement to enrolment shall be subject to compliance with any law relating to enrolment for and voting at elections for the Council or Assembly.

(4) Subject to this section, the Parliament may make such laws as it deems necessary or expedient for or with respect to enrolment for and voting at elections for the Council or Assembly.

S. 48(5) inserted by No. 61/1986 s. 3(b).

(5) In subsection (1), relevant citizenship law means the Australian Citizenship Act 1948 of the Commonwealth as amended and in force immediately before the day fixed by Proclamation for the purposes of section 2(2) of the Australian Citizenship Amendment Act 1984 of the Commonwealth and the regulations in force immediately before that day under the Australian Citizenship Act 1948 as so amended and in force.

Division 8—Offices and places of profit

No. 6224 s. 14.

S. 49 amended by No. 38/2005 s. 14.

49 Public officers not to sit in Parliament except as mentioned

Except where express provision is made to the contrary by any Act or enactment no person who holds any office or place of profit under the Crown (whether in right of Victoria or any other capacity), or is in any manner employed in the public service of Victoria or of the Commonwealth for salary wages fees or emolument, shall sit or vote in the Council or the Assembly; and the election of any such person to be a member of the Council or the Assembly shall be null and void.

No. 6224 s. 15.

50 Salaried officers in Parliament

S. 50(1) amended by Nos 8834 s. 2(a), 59/1992 s. 3(a).

(1) The Governor may from time to time appoint any number of officers so that the entire number shall not at any one time exceed 22 who shall be entitled to be elected members of either House of the Parliament and to sit and vote therein.

(2) Such officers shall be responsible Ministers of the Crown and members of the Executive Council, and ten at least of such officers shall be members of the Council or the Assembly.

S. 50(3) amended by Nos 8834 s. 2(b), 59/1992 s. 3(b).

(3) Not more than six of such officers shall at any one time be members of the Council and not more than 17 of such officers shall at any one time be members of the Assembly.

No. 6224 s. 16.

51 Ministers to be in Council or Assembly

A responsible Minister of the Crown shall not hold office for a longer period than three months unless he is or becomes a member of the Council or the Assembly.

No. 6224 s. 17.

52 Power of Ministers to speak in either House

(1) Notwithstanding anything contained in any Act any responsible Minister of the Crown who is a member of the Council or of the Assembly may at any time with the consent of the House of the Parliament of which he is not a member sit in such House for the purpose only of explaining the provisions of any Bill relating to or connected with any department administered by him, and may take part in any debate or discussion therein on such Bill, but he shall not vote except in the House of which he is an elected member.

(2) It shall not be lawful at any one time for more than one responsible Minister under the authority of this section to sit in the House of which he is not a member.

ss 19, 20.

53 Responsible Minister not required to vacate seat on appointment to office

(1) Notwithstanding anything in this Act where a person is appointed by the Governor to be a responsible Minister of the Crown the acceptance by him of the appointment shall not prevent him from becoming a member of the Council or the Assembly or from sitting and voting as a member or if he is a member shall not vacate his seat.

(2) If any person accepts more than one of the offices referred to in subsection (1), he shall not receive the salaries of more than one of such offices.

No. 6224 s. 23.

54 Contractors not to be elected

A person who is either directly or indirectly concerned or interested in any bargain or contract entered into by or on behalf of Her Majesty in right of the State of Victoria, or who participates or claims or is entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same, shall not sit or vote in the Council or the Assembly; and the election of any such person to be a member of either the Council or the Assembly shall be void.

No. 6224 s. 24.

55 Seats to become vacant in certain cases

If any member of the Council or the Assembly—

(a) either directly or indirectly becomes concerned or interested in any bargain or contract entered into by or on behalf of Her Majesty in right of the State of Victoria;

(b) participates or claims or is entitled to participate either directly or indirectly in the profit of any such bargain or contract or in any benefit or emolument arising therefrom;

(c) becomes bankrupt or applies to take the benefit of any Act for the relief of bankrupt debtors; or

(d) except where otherwise expressly provided or permitted by any Act or enactment, accepts any office or place of profit under the Crown, or in any character or capacity for or in expectation of any fee gain or reward performs any duty or transacts any business whatsoever for or on behalf of the Crown—

his seat shall thereupon become vacant.

No. 6224 s. 25.

56 Reference to certain contracts in last two preceding sections

(1) Any reference in the last two preceding sections to any bargain or contract entered into by or on behalf of Her Majesty in right of the State of Victoria shall subject to subsection (2) be deemed to include a reference to—

(a) any contract entered into by any Government department or by any Minister of the Crown in his capacity as such; and

(b) (without affecting the generality of the last preceding paragraph) any contract entered into by any public statutory body.

(2) It is hereby declared that any such reference in the said sections does not extend to—

(a) the supply or provision by Her Majesty (including any department Minister or body referred to in subsection (1)) of goods chattels or services where such goods chattels or services are supplied or provided to a member of the Council or the Assembly on no better terms than they are supplied or provided to persons other than members who are in similar circumstances or who are otherwise similarly qualified or eligible;

(b) any contract or agreement the benefit or burden of which or any interest in which devolves upon a member of the Council or the Assembly as beneficiary under a will or as a person entitled to share in the estate of an intestate or as executor administrator or trustee, until twelve months after such devolution;

(c) any isolated casual sale or supply of goods chattels or services to Her Majesty (including any department Minister or body referred to in subsection (1)) where at the time of such sale or supply the member of the Council or the Assembly concerned did not know and could not reasonably have known that such sale or supply was a sale or supply to Her Majesty (or to a department Minister or body referred to in subsection (1)); or

(d) any compromise in respect of any compensation or other money payable by Her Majesty (including any department Minister or body referred to in subsection (1)).

No. 6224 s. 26.

57 Certain contracts excepted

Nothing hereinbefore contained shall extend or apply to—

(a) any bargain or contract entered into by any company partnership or association consisting of more than twenty persons where such bargain or contract is entered into for the general benefit of such company partnership or association;

(b) any lease licence for occupation sale or purchase of any land;

(c) any agreement for any such lease sale or purchase or for the occupation of such land or for any easement therein or for the loan of money; or

(d) any security for the payment of money only.

No. 6224 s. 27.

58 With certain exceptions members of Parliament not to accept offices of profit under the Crown

Except where express provision is made to the contrary by any Act or enactment other than this section, if any person while he is a member of the Council or the Assembly accepts any office or place of profit under the Crown other than an office as a responsible Minister of the Crown, he shall be guilty of an offence against this Act and shall be liable to a penalty of $100 for every week that he holds such office.

No. 6224 s. 31.

59 Penalties for offences against this Division

Any person who wilfully contravenes or fails to comply with any of the foregoing provisions of this Division shall be guilty of an offence against this Act.

1. $500.

No. 6224 s. 28.

60 Removal of disqualification by reason of certain naval, military or air services

(1) Notwithstanding anything in this Act or any corresponding previous enactment, the seat of a member of the Council or the Assembly shall not become vacant and shall not be deemed to have become vacant, and the election of any person to be a member of the Council or the Assembly shall not be and shall not be deemed to have been void, and no person shall be or be deemed to have been disqualified or incapable to be elected or to be or continue a member of or incapable of sitting or voting in the Council or the Assembly, and no such member or person shall be or be deemed to have been liable to any penalty under this Act or any corresponding previous enactment by reason only that such member or person was or is an officer or member of the naval military or air forces of the Commonwealth whose services were not or are not wholly employed by the Commonwealth or received or receives any pay half-pay allowance or pension as such an officer or member of any of the said forces.

(2) A person shall not for the purposes of this Act or any corresponding previous enactment be deemed to have accepted or to accept an office or place of profit under the Crown by reason only that such person (while he was or is a member of the Council or the Assembly) was or is or served or serves as an officer or member of any of the forces aforesaid or received or receives any pay half-pay allowance or pension as aforesaid.

S. 61 substituted by No. 9077 s. 3, amended by Nos 9788 s. 3(1)(a), 9921 s. 255, 10029 s. 22, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 40), 38/2005 s. 15, 24/2006 s. 6.1.2(Sch. 7 item 8.1), 6/2010 s. 203(1) (Sch. 6 item 9.1) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 27.1).

61 Holders of offices etc. not to be disqualified from election to Council or Assembly

Notwithstanding anything in this Act or the Public Administration Act 2004, the Education and Training Reform Act 2006, the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010, the Victoria Police Act 2013 or any other Act a person shall not be disqualified or disabled from or be ineligible to be a candidate at any election whether for the Council or for the Assembly or being elected or returned a member of the Council or of the Assembly by reason only of his being the holder of any office or place of profit under the Crown (whether in right of Victoria or any other capacity) or in any manner employed in the public service of Victoria or of the Commonwealth for salary wages fees or emolument and the election and return of any such person shall not be or be declared void by reason only of his holding such an office or place of profit under the Crown or being so employed; and on the election of any such person to be a member of the Council or the Assembly he shall cease to hold that office or place of profit under the Crown or to be so employed.

S. 61A inserted by No. 9077 s. 4.

61A Power to Houses to relieve from consequences of alleged defaults

(1) Notwithstanding anything in this Act where it is made to appear to the relevant House that any act matter or thing whether occurring before or after the commencement of this Act has or may have caused a person to be disqualified from election to that House or the seat of a member of that House to become vacant the relevant House may, if it is satisfied that the act matter or thing—

(a) has ceased to have effect;

(b) was in all the circumstances of a trifling nature; and

(c) occurred or arose without the actual knowledge or consent of the person or was accidental or due to inadvertence—

by resolution direct that any such act matter or thing for the purposes of all or any of the provisions of this Act be deemed never to have occurred or arisen but any such resolution shall save as aforesaid not affect the determination of any petition with respect to the validity of any election or return that has been addressed to the Court of Disputed Returns.

(2) In any case where apart from this provision the Governor, the President of the Legislative Council or the Speaker of the Legislative Assembly would be required to issue during the recess of the relevant House a writ for election of a member of that House in the place of a member disqualified under any of the provisions of this Act the Governor, the President or the Speaker may if it appears to him that an opportunity should be given to the relevant House to consider the making of an order under subsection (1) defer the issue of the writ pending the determination of the relevant House.

(3) In this section the relevant House means—

(a) in relation to any question concerning the qualification for election of a person to the Legislative Council or a vacancy in the Legislative Council—the Legislative Council; and

(b) in relation to any question concerning the qualification for election of a person to the Legislative Assembly or a vacancy in the Legislative Assembly—the Legislative Assembly.

Pt 2 Div. 9 (Heading) amended by No. 2/2003 s. 16.

Division 9—Provisions relating to Appropriation Bills

Constitution Act s. LVI.

S. 62 substituted by No. 2/2003 s. 13.

62 Appropriation Bills

(1) A Bill for appropriating any part of the Consolidated Fund or for imposing any duty, rate, tax, rent, return or impost must originate in the Assembly.

(2) Subject to section 65, a Bill for appropriating any part of the Consolidated Fund or for imposing any duty, rate, tax, rent, return or impost may be rejected but not altered by the Council.

Constitution Act s. LVII.

S. 63 amended by No. 13/1997 s. 4(1).

63 Appropriation to be in pursuance of message[[10]](#endnote-11)

The Assembly may not pass any vote resolution or Bill for appropriating any part of the Consolidated Fund or of any duty rate tax rent return or impost for any purpose which has not been first recommended by a message of the Governor to the Assembly during the session in which such vote resolution or Bill is passed.

No. 6224 s. 54.

64 Appropriation Bills

(1) A Bill shall not be taken to be a Bill for appropriating any part of the Consolidated Fund or for imposing any duty rate tax rent return or impost by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties or for the demand or payment or appropriation of fees for licences or fees for services under such Bill.

(2) The Council may once at each of the undermentioned stages of a Bill which the Council cannot alter return such Bill to the Assembly suggesting by message the omission or amendment of any items or provisions therein, and the Assembly may if it thinks fit make any of such omissions or amendments with or without modifications:

Provided that the Council may not suggest any omission or amendment the effect of which will be to increase any proposed charge or burden on the people.

(3) The stages of a Bill at which the Council may return the Bill with a message as aforesaid shall be—

(a) the consideration of the Bill in Committee;

(b) the consideration of the report of the Committee; and

(c) the consideration of the question that the Bill be read a third time.

No. 6224 s. 55.

S. 65 substituted by No. 2/2003 s. 14.

65 Annual Appropriation Bills

(1) In this section Annual Appropriation Bill means a Bill which deals only with the annual appropriation of the Consolidated Fund for the ordinary annual services of the Government for a particular year only but does not include a Bill to appropriate money for appropriations for or relating to the Parliament.

(2) For the purposes of subsection (1), ordinary annual services includes—

(a) the construction or acquisition of public works, land or buildings; and

(b) the construction or acquisition of plant or equipment which normally would be regarded as involving an expenditure of capital; and

(c) services proposed to be provided by the Government which have not formerly been provided by the Government.

(3) An Annual Appropriation Bill must deal only with appropriation.

(4) Subsection (5) applies if an Annual Appropriation Bill is passed by the Assembly and within 1 month of its passing by the Assembly—

(a) the Council rejects or fails to pass it; or

(b) the Council returns it to the Assembly with a message suggesting any amendment to which the Assembly does not agree.

(5) If this subsection applies, the Annual Appropriation Bill, with any amendments suggested by the Council and made by the Assembly, must be presented to the Governor for Her Majesty's Assent and becomes an Act of Parliament on the Royal Assent being signified notwithstanding that the Council has not passed the Bill.

(6) The words of enactment for an Annual Appropriation Bill that is to be presented to the Governor for Her Majesty's Assent under subsection (5) are to be altered to "Her Majesty and the Legislative Assembly in accordance with section 65(5) of the Constitution Act 1975 enact as follows:".

(7) There is to be endorsed on the Annual Appropriation Bill when it is presented to the Governor for Her Majesty's Assent under subsection (5), the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65(5) of the Constitution Act 1975 applies and has been passed in accordance with that section.

(8) The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.

(9) The alteration of an Annual Appropriation Bill to give effect to subsection (6) is not to be taken to be an amendment of the Bill.

Pt 2 Div 9A (Heading and ss 65A–65G) inserted by No. 2/2003 s. 15.

Division 9A—Provisions relating to disputes concerning Bills

S. 65A inserted by No. 2/2003 s. 15.

65A Definitions

(1) In this Division—

Deadlocked Bill means a Disputed Bill to which section 65C(3) or 65D(1) applies;

Dispute Resolution means a resolution reached by the Dispute Resolution Committee recommending to the Assembly and the Council that the Disputed Bill specified in the resolution—

(a) be passed as transmitted by the Assembly to the Council without amendment; or

(b) be passed with the amendment or amendments specified in the resolution; or

(c) not be passed;

Dispute Resolution Committee means the Committee established under section 65B;

Disputed Bill means a Bill which has passed the Assembly and having been transmitted to and received by the Council not less than 2 months before the end of the session has not been passed by the Council within 2 months after the Bill is so transmitted, either without amendment or with such amendments only as may be agreed to by both the Assembly and the Council.

(2) For the purposes of this Division, any omission or amendment suggested by the Council in accordance with section 64 is deemed to be an amendment made by the Council.

(3) This Division does not apply to an Annual Appropriation Bill within the meaning of section 65.

S. 65B inserted by No. 2/2003 s. 15.

65B Dispute Resolution Committee

(1) A Dispute Resolution Committee is to be established as soon as conveniently practicable after the commencement of each Parliament.

(2) The Dispute Resolution Committee holds office for the Parliament during which it is appointed until the dissolution or other lawful determination of the Assembly.

(3) The Dispute Resolution Committee is to consist of 12 members of whom—

(a) 7 are to be members of, and appointed by, the Assembly; and

(b) 5 are to be members of, and appointed by, the Council.

(4) When appointing members under subsection (3), each House of the Parliament must take into account the political composition of that House.

(5) The Dispute Resolution Committee cannot meet until both the Assembly and the Council have made the appointments referred to in subsection (3).

(6) A member of the Dispute Resolution Committee is to be appointed by the Dispute Resolution Committee as the Chair.

(7) Each member of the Dispute Resolution Committee is entitled to 1 vote.

(8) In the event of an equality of votes, the Chair also has a casting vote.

(9) The Dispute Resolution Committee—

(a) must meet in private; and

(b) subject to this Division, may determine the rules to be adopted for the conduct of meetings.

S. 65C inserted by No. 2/2003 s. 15.

65C Dispute Resolution

(1) The Dispute Resolution Committee must seek to reach a Dispute Resolution on a Disputed Bill within 30 days after the Disputed Bill is referred to the Dispute Resolution Committee by a resolution of the Assembly.

(2) If the Dispute Resolution Committee reaches a Dispute Resolution, a copy of the Dispute Resolution must be tabled in the Assembly and the Council on the first sitting day of that House after the Dispute Resolution has been reached.

(3) If the Dispute Resolution Committee—

(a) cannot reach a Dispute Resolution; or

(b) cannot meet or fails to meet for any reason—

the Disputed Bill becomes a Deadlocked Bill.

S. 65D inserted by No. 2/2003 s. 15.

65D Consideration of Dispute Resolution by Assembly and Council

(1) If either the Assembly or the Council fails to give effect to the Dispute Resolution within the period of 30 days or the period of 10 sitting days (whichever period is longer) after the tabling of the Dispute Resolution in that House, the Disputed Bill becomes a Deadlocked Bill.

(2) For the purposes of subsection (1), the Assembly or the Council fails to give effect to the Dispute Resolution—

(a) if the Dispute Resolution provided that the Disputed Bill be passed by the Council as transmitted by the Assembly to the Council without amendment, and the Council does not pass the Bill without amendment;

(b) if the Dispute Resolution provided that the Disputed Bill be passed with the amendment or amendments specified in the Dispute Resolution, and the Assembly or the Council does not pass the Bill with the specified amendment or amendments;

(c) if the Dispute Resolution provided that the Disputed Bill not be passed, and the Assembly or the Council resolves not to accept the Dispute Resolution.

(3) If the Assembly or the Council has, in relation to a Bill to which section 18(1B) applies, given effect to a Dispute Resolution, it is only lawful to present the Bill to the Governor for Her Majesty's assent if the Bill has been approved by the majority of electors voting at a referendum.

(4) If the Assembly or the Council has, in relation to a Bill to which section 18(2) or 18(2AA) applies, given effect to a Dispute Resolution, it is only lawful to present the Bill to the Governor for Her Majesty's assent if the third reading of the Bill was passed by a special majority or an absolute majority, as the case may be.

S. 65E inserted by No. 2/2003 s. 15.

65E Provisions applying if dispute not resolved

(1) This section applies in the case of a Deadlocked Bill.

(2) The Premier may advise the Governor in writing that the Assembly be dissolved as a result of this section applying to the Deadlocked Bill specified in the advice.

(3) There is to be attached to the advice under subsection (2) a copy of the Deadlocked Bill endorsed with the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65E of the Constitution Act 1975 applies.

(4) The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.

(5) If the Premier does not give advice under subsection (2), the Deadlocked Bill may be re-introduced in the Assembly in accordance with section 65F.

S. 65F inserted by No. 2/2003 s. 15.

65F Provisions applying to Deadlocked Bills

(1) This section applies if during the existence of the Assembly first elected after the previous Assembly has been dissolved under section 65E(2) or otherwise dissolved or lawfully determined, a Deadlocked Bill from the previous Assembly is again introduced in the Assembly.

(2) For the purposes of this section, a Deadlocked Bill may be introduced in the Assembly in the form in which—

(a) it was introduced in the previous Assembly; or

(b) it was passed by the previous Assembly and transmitted to the previous Council; or

(c) it is consistent with the Dispute Resolution reached in respect of the Deadlocked Bill.

(3) If a Bill introduced in accordance with this section again becomes a Disputed Bill, the Premier may advise the Governor in writing to convene a joint sitting of the Assembly and the Council.

(4) There is to be attached to the advice under subsection (3) a copy of the Disputed Bill endorsed with the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65F(3) of the Constitution Act 1975 applies.

(5) The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.

(6) A joint sitting of the Assembly and the Council convened in accordance with this section may consider all the Bills that are Disputed Bills in accordance with this section.

S. 65G inserted by No. 2/2003 s. 15.

65G Joint Sitting

(1) A joint sitting of the Assembly and the Council convened in accordance with section 65F must consider a Disputed Bill to which that section applies in the form in which it was last passed by the Assembly and transmitted to the Council.

(2) Subject to subsection (3), the joint sitting of the Assembly and the Council is to be conducted in accordance with the rules adopted by the members present at the joint sitting.

(3) At the joint sitting of the Assembly and the Council—

(a) the members have the same privileges and immunities as the members of the Assembly in relation to proceedings before that House;

(b) subject to subsection (4), a question is to be decided by a majority of the votes cast by the members present at the joint sitting;

(c) in the event of an equality of votes on a question, the question is to be taken to have been determined in the negative.

(4) If an absolute majority of the total number of the members of the Assembly and the Council passes the third reading of the Disputed Bill with or without any amendments at the joint sitting of the Assembly and the Council, the Bill so passed is to be taken to have been duly passed by both Houses of the Parliament, whether or not it is a Bill to which section 18(2) or 18(2AA) applies.

(5) Subject to subsections (6) and (7), a Bill passed in accordance with this section must be presented to the Governor for Her Majesty's Assent and becomes an Act of Parliament on the Royal Assent being signified.

(6) If a Bill to which section 18(1B) applies is passed in accordance with this section, it must be submitted to a referendum.

(7) A Bill that is referred to in subsection (6) and that is approved by the majority of electors voting at a referendum must be presented to the Governor for Her Majesty's assent and becomes an Act of Parliament on the Royal Assent being signified.

(8) There is to be endorsed on the Bill when it is presented to the Governor for Her Majesty's Assent under subsection (5) or (7), the certificate of the Speaker signed by the Speaker that the Bill is a Bill to which section 65G of the Constitution Act 1975 applies and has been passed in accordance with that section.

(9) The certificate of the Speaker under this section is conclusive evidence for all purposes and cannot be questioned in any court.

(10) If a Bill is passed in accordance with this section, the Bill is deemed for all purposes to be a Bill that has been passed by the Assembly and the Council.

No. 6224 s. 56(1)–(7).

Ss 66–68 amended by No. 10106 s. 7(1)(2), repealed by No. 2/2003 s. 7(1).

Division 10—Acts of Parliament

No. 6224 s. 60.

69 Date of passing of Act to be endorsed by Clerk

S. 69(1) amended by Nos 10096 s. 4(4)(Sch. item 6(b)), 108/1994 s. 6(1)(c)(i).

The Clerk of the Parliaments shall indorse on every Act of the Parliament immediately after the title of such Act the day month and year when the same has received the Royal assent, and such indorsement shall be taken to be part of such Act.

S. 69(2) repealed by No. 108/1994 s. 6(1)(c)(ii).

No. 6224 s. 61.

70 Where the time fixed by an Act for the doing of any act etc. cannot be observed

Whenever by any Act of the Parliament a day or time is appointed fixed or indicated as the day or time on or at which any act matter or thing is to be done or effected and such day or time is antecedent to the passing of such Act and its receiving the Royal assent the Governor in Council unless the contrary is expressly enacted may by proclamation in the Government Gazette appoint or fix or indicate a day or time for doing or effecting such act matter or thing and every such act matter or thing done or effected upon the day or time so appointed fixed or indicated shall be as good valid and effectual as if it had been done or effected on the day or at the time appointed fixed or indicated in the Act and all provisions of the Act following and dependent directly upon the doing or effecting of such act matter or thing shall be read and construed as if the date or time so appointed fixed or indicated by the Governor in Council had been the date appointed fixed or indicated in the Act.

No. 6224 s. 62.

71 Where Bill for continuing Act which expires during the session does not pass

Where in any session any Bill is introduced into either the Council or the Assembly for the continuance of any Act which would expire in such session and such Act has expired before the Bill for continuing the same has received the Royal assent such continuing Act shall be deemed and taken to have effect from the expiration of the Act intended to be continued as fully and effectually to all intents and purposes as if such continuing Act had actually passed before the expiration of the Act intended to be continued unless otherwise specially provided in such continuing Act: Provided that nothing herein contained shall extend or be construed to extend to affect any person with any punishment penalty or forfeiture whatsoever by reason of any thing done or omitted to be done by any such person contrary to the provisions of the Act so continued between the expiration of the same and the date on which the Act continuing the same receives the Royal assent.

Pt 2 Div. 11 (Heading) amended by No. 95/1997
s. 3(a).

Division 11—Publication, transmission and broadcasting of Parliamentary proceedings

No. 6224 s. 63.

72 Government Printer

S. 72(1) substituted by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 114.

(1) There continues to be a Government Printer for Victoria.

S. 72(1A) inserted by No. 108/2004 s. 114.

(1A) The person who is for the time being employed under Part 3 of the Public Administration Act 2004 as Chief Parliamentary Counsel is also the Government Printer without the need for any further appointment.

(2) The Government Printer shall be deemed to be and always to have been authorized by each House of the Parliament to publish the reports of debates in each such House and to publish extracts from the reports of such debates.

No. 6224 s. 64.

73 Publication of reports, proceedings etc. of either House of Parliament protected

S. 73(1) amended by Nos 57/1989 s. 3(Sch. item 28.1), 95/1997
s. 3(b)(i), 68/2009 s. 97(Sch. item 25.1).

(1) Any person who is defendant, accused or respondent in any civil criminal or mixed proceeding commenced or prosecuted in any manner whatsoever for or on account or in respect of the publication, in written or electronic form, of any report paper votes or proceedings of the Houses of the Parliament or either of them or of any committee of such Houses or either of them by such person or by his officer or servant by or under the authority of such Houses or either of them or of any committee of such Houses or either of them may bring before the court in which such proceeding has been or is so commenced or prosecuted, first giving twenty-four hours notice of his intention so to do to the prosecutor or plaintiff in such proceeding, a certificate under the hand of the President or of the Speaker or under the hands of the President and the Speaker or under the hand of the Clerk of the Parliaments or of the Clerk of the Council or of the Clerk of the Assembly (as the case may require) stating that the report paper votes or proceedings (as the case may be) in respect whereof such proceeding has been commenced or prosecuted was published by such person or by his officer or servant by order or under the authority of such Houses or either of them or of any committee of such Houses or either of them together with an affidavit verifying such certificate.

S. 73(2) amended by No. 57/1989 s. 3(Sch. item 28.2).

(2) The court shall thereupon immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act.

S. 73(3) amended by No. 95/1997
s. 3(b)(ii).

(3) In this and the next succeeding section any reference to the publication of proceedings of either House of the Parliament shall include and shall be deemed always to have included a reference to the publication, in written or electronic form, of the reports of debates in either such House and to the publication, in written or electronic form, of extracts from such reports.

No. 6224 s. 65.

74 Copy of authenticated report thereof

S. 74(1) amended by Nos 57/1989 s. 3(Sch. item 28.3), 95/1997
s. 3(c), 68/2009 s. 97(Sch. item 25.2).

(1) In any civil criminal or mixed proceeding for or on account or in respect of the publication, in written or electronic form, of any copy of such report paper votes or proceedings the defendant or accused at any stage of the proceeding may lay before the court such report paper votes or proceedings and such copy, with an affidavit verifying such report paper votes or proceedings and the correctness of such copy.

S. 74(2) amended by No. 57/1989 s. 3(Sch. item 28.4).

(2) The court shall immediately stay such proceeding; and the same and every writ or process issued therein shall be determined and superseded by virtue of this Act.

S. 74(3) amended by No. 68/2009 s. 97(Sch. item 25.3).

(3) It shall be lawful, in any civil criminal or mixed proceeding for printing any abstract of such report paper votes or proceedings, to give in evidence such report paper votes or proceedings, and to show that such abstract was published bona fide and without malice; and if such is the opinion of the judge or of the jury (as the case may be) in any such proceeding a judgment or a verdict (as the case may require) shall be entered for the defendant or accused.

S. 74AA inserted by No. 95/1997
s. 4.

74AA Transmission and broadcasting of Parliamentary proceedings

No action or proceeding, civil, criminal or mixed, lies against a person who—

(a) transmits or broadcasts by electronic means any proceedings—

(i) of the Council or the Assembly, or both of them; or

(ii) of a committee of the Council or the Assembly, or both of them; or

(b) broadcasts or re-broadcasts by electronic means a recording of any proceedings—

(i) of the Council or the Assembly, or both of them; or

(ii) of a committee of the Council or the Assembly, or both of them—

with the authority of the Council, Assembly or committee (as the case requires).

S. 74AB inserted by No. 40/2001 s. 3,
repealed by No. 40/2001 s. 5. [11]

Pt 2A (Heading and ss 74A–74D) inserted by No. 9254 s. 2(c), amended by Nos 9576 s. 11(1), 9870 ss 2, 3(a)–(e), 9937 s. 2, substituted as Pt 2A (Heading and ss 74A, 74B) by No. 55/1988 s. 3.

Part IIA—Local government

S. 74A substituted by No. 55/1988 s. 3.

74A Local government

S. 74A(1) substituted by No. 2/2003 s. 18.

(1) Local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

S. 74A(1A) inserted by No. 2/2003 s. 18.

(1A) Subject to section 74B, each Council—

(a) is responsible for the governance of the area designated by its municipal boundaries; and

(b) is constituted by democratically elected Councillors as the governing body which is—

(i) accountable for its decisions and actions; and

(ii) responsible for ensuring good governance; and

(c) includes an administration which—

(i) implements the decisions of the Council; and

(ii) facilitates the performance of the duties and functions of the Council.

(2) An elected Council does not have to be constituted in respect of any area in Victoria—

(a) which is not significantly and permanently populated; or

(b) in which the functions of local government are carried out by or under arrangements made by a public statutory body which is carrying on large-scale operations in the area.

S. 74B substituted by No. 55/1988 s. 3.

74B Local government laws

(1) Parliament may make any laws it considers necessary for or with respect to—

(a) the constitution of Councils; and

(b) the objectives, functions, powers, duties and responsibilities of Councils; and

(c) entitlement to vote and enrolment for elections of Councils; and

(d) the conduct of and voting at elections of Councils; and

(e) the counting of votes at elections of Councils; and

(f) the qualifications to be a Councillor; and

(g) the disqualification of a person from being or continuing to be a Councillor; and

(h) the powers, duties and responsibilities of Councillors and Council staff; and

(i) any other act, matter or thing relating to local government administration.

(2) A Council cannot be dismissed except by an Act of Parliament relating to the Council.

(3) Parliament may make laws for or with respect to—

(a) the suspension of a Council; and

(b) the administration of a Council during a period in which the Council is suspended or dismissed; and

(c) the re-instatement of a Council which has been suspended; and

(d) the election of a Council if a suspended Council is not re-instated; and

(e) the election of a Council where a Council has been dismissed.

Part III—The Supreme Court of the State of Victoria

No. 6387 s. 6.

75 Supreme Court of the State of Victoria[[12]](#endnote-13)

(1) A Court shall be held in and for Victoria and its dependencies which shall be styled "The Supreme Court of the State of Victoria" which in this Part is called "the Court".

S. 75(2) amended by Nos 9959 s. 2, 110/1986 s. 132(a), substituted by No. 109/1994 s. 5,
amended by Nos 24/2008 s. 4(1), 34/2010 s. 7(1).

(2) The Court consists of the Judges of the Court, the Associate Judges of the Court and the judicial registrars of the Court.

S. 75(3) substituted by No. 109/1994 s. 5.

(3) The Judges of the Court are—

(c) such number of other Judges of Appeal as are from time to time appointed;

(d) such number of other Judges as are from time to time appointed.

S. 75(4) substituted by Nos 110/1986 s. 132(b), 109/1994 s. 5, 24/2008 s. 4(2).

(4) The Associate Judges of the Court are the Associate Judges appointed from time to time under section 104 of the Supreme Court Act 1986, including an Associate Judge who is the Senior Master.

S. 75(5) repealed by No. 109/1994 s. 5, new s. 75(5) inserted by No. 34/2010 s. 7(2).

(5) The judicial registrars of the Court are the judicial registrars appointed from time to time under Division 2A of Part 7 of the Supreme Court Act 1986.

S. 75(6) inserted by No. 8951 s. 5(6), amended by No. 110/1986 s. 132(c), repealed by No. 109/1994 s. 5.

S. 75A inserted by No. 109/1994 s. 6.

75A Divisions of Court[[13]](#endnote-14)

(1) The Court is divided into—

(a) the Court of Appeal; and

(b) the Trial Division.

(2) The Court of Appeal consists of—

(a) the Chief Justice, who is the senior member of the Court of Appeal;

(c) the other Judges of Appeal;

(d) the additional Judges of Appeal appointed or acting under section 80B.

S. 75A(2A) inserted by No. 24/2007 s. 10(1), amended by No. 24/2008 s. 5(a).

(2A) The Court of Appeal may be constituted by an Associate Judge in the case of a proceeding for which provision is made by an Act or enactment or by rules of court for the Court of Appeal to be so constituted.

S. 75A(2B) inserted by No. 34/2010 s. 8(1).

(2B) The Court of Appeal may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

(a) the Court of Appeal to be so constituted; and

(b) the delegation to judicial registrars of powers of the Court of Appeal to hear and determine such a matter or proceeding.

(3) The Trial Division consists of—

(b) the other Judges of the Court referred to in section 75(3).

S. 75A(4) amended by No. 24/2008 s. 5(b).

(4) The Trial Division may be constituted by an Associate Judge in the case of a proceeding for which provision is made by an Act or enactment or by rules of court for the Court or the Trial Division to be so constituted.

S. 75A(5) inserted by No. 34/2010 s. 8(2).

(5) The Trial Division may be constituted by a judicial registrar appointed in accordance with Division 2A of Part 7 of the Supreme Court Act 1986 in the case of a proceeding for which provision is made by the Supreme Court Act 1986 or by rules of court for—

(a) the Court or the Trial Division to be so constituted; and

(b) the delegation to judicial registrars of powers of the Court or Trial Division to hear and determine such a matter or proceeding.

S. 75A(6) inserted by No. 5/2013 s. 4, amended by No. 63/2013 s. 4(1).

(6) In this section, a reference to "Judges of Appeal" includes any reserve Judges engaged under section 81B or taken to be engaged under section 81GA to undertake the duties of a Judge of Appeal during any period of engagement.

S. 75A(7) inserted by No. 63/2013 s. 4(2).

(7) For the avoidance of doubt, in subsection (3)(b) "Judges of the Court" includes any reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA.

S. 75B inserted by No. 109/1994 s. 6.

75B Qualification and appointment of Judges

S. 75B(1) substituted by No. 66/2003 s. 3, amended by No. 24/2008 s. 6(a).

(1) A person is not eligible for appointment as a Judge of the Court unless he or she—

(a) is or has been a judge of—

(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or

(b) has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.

Note to s. 75B(1) inserted by No. 3/2016 s. 39, substituted by No. 1/2022 s. 29.

See also section 8(1B) of the County Court Act 1958 in relation to a Judge of the Court who is a dual commission holder as Chief Judge.

See also section 7(2B) of the Magistrates' Court Act 1989 in relation to a Judge of the Court who is a dual commission holder as Chief Magistrate.

S. 75B(2) amended by Nos 24/2007 s. 8(1), 24/2008 s. 6(b).

(2) The Judges of the Court shall be appointed by the Governor by commission with the advice of the Executive Council.

S. 75C inserted by No. 63/2013 s. 56.

75C Entry into part-time service arrangement

(1) A Judge of the Court other than an excluded judicial officer may enter into an arrangement with the Chief Justice to carry out the duties of Judge of the Court on a part-time basis.

(2) A part-time service arrangement—

(a) must be in writing;

(b) must specify the proportion of full-time duties to be worked by the Judge of the Court to whom the part-time service arrangement applies, which must be a minimum of 0∙4 of full-time duties;

(c) may specify an expiry date, but is not required to do so.

(3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a) the operational needs of the Court;

(b) the personal and professional circumstances of the Judge of the Court;

(c) parity and equity with other Judges of the Court;

(d) any other relevant consideration.

(4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement.

S. 75D inserted by No. 63/2013 s. 56.

75D Variation of part-time service arrangement

(1) A part-time service arrangement may be varied by agreement between the Judge of the Court to whom the arrangement applies and the Chief Justice.

(2) A variation of a part-time service arrangement—

(a) must be in writing;

(b) must specify the proportion of full-time duties to be worked by the Judge of the Court to whom the part-time service arrangement applies, which must be a minimum of 0∙4 of full-time duties.

(3) The Chief Justice may have regard to the factors referred to in section 75C(3) in considering whether to vary a part-time service arrangement.

(4) A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part-time service arrangement.

S. 75E inserted by No. 63/2013 s. 56.

75E Suspension of part-time service arrangement

(1) A part-time service arrangement is suspended if the Judge of the Court to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Acting Chief Justice;

(b) Acting President of the Court of Appeal;

(c) Acting President of VCAT.

(2) A suspension under subsection (1) is for the period of the acting appointment.

S. 75F inserted by No. 63/2013 s. 56.

75F Termination of part-time service arrangement

(1) A part-time service arrangement is terminated if the Judge of the Court to whom the part-time service arrangement applies is appointed as any one of the following—

(a) Chief Justice;

(b) President of the Court of Appeal;

(c) President of VCAT.

(2) A part-time service arrangement may be terminated by agreement between the Judge of the Court to whom the part-time service arrangement applies and the Chief Justice.

No. 6387 s. 14.

76 Court to be a court of record and to have a seal

The Court shall be a court of record, and shall have and use as occasion may require a seal bearing an impression of the Royal Arms having inscribed thereon the words "The seal of the Supreme Court of the State of Victoria"; and such seal shall be kept in the custody of the Chief Justice of the Court.

Constitution Act s. XXXVIII. 12 and 13
Will. III
c. 2 s. 3.
1 Geo. III
c. 23 ss 1, 2.

S. 77(1) amended by No. 16/2005 s. 5(1).

77 Commissions of Judges

(1) The commissions of the Judges of the Court shall subject to subsection (4) continue and remain in full force notwithstanding the demise of Her Majesty any law usage or practice to the contrary hereof in anywise notwithstanding.

Constitution Act s. XXXIX.

(2) The salaries of such Judges as set out in section 82 shall be paid to each of them so long as their commissions remain in force respectively.

No. 6389 s. 7.

S. 77(3) amended by No. 16/1986 s. 4(a).

(3) A person who has attained the age of 70 years shall not be appointed a Judge of the Court.

S. 77(3A) inserted by No. 109/1994 s. 7(1).

(3A) Subsection (3) applies to the appointment as President of the Court of Appeal or as a Judge of Appeal of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 as if the reference to 70 years were a reference to 72 years.

S. 77(4) substituted by No. 16/1986 s. 4(b), amended by No. 3/2016 s. 40(1).

(4) The commission of a Judge of the Court ceases to be in force and the office becomes vacant—

S. 77(4)(aaa) inserted by No. 16/2005 s. 5(2) (as amended by No. 14/2006 s. 12).

(aaa) on the judge being removed from office by the Governor in Council in accordance with Part IIIAA; or

S. 77(4)(aa) inserted by No. 16/2005 s. 5(2) (as amended by No. 14/2006 s. 12).

(aa) on the abolition of the office of the judge by or under an Act; or

S. 77(4)(a) amended by No. 14/2006 s. 4(1).

(a) in the case of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 who did not make an election under section 80A before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 72 years; or

S. 77(4)(b) amended by No. 14/2006 s. 4(2).

(b) in the case of a judge appointed before the commencement of section 4 of the Courts Amendment Act 1986 who made an election under section 80A before the commencement of section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005—upon the judge attaining the age of 70 years; or

S. 77(4)(c) amended by Nos 109/1994 s. 7(2), 14/2006 s. 4(3).

(c) in the case of a judge appointed on or after the commencement of section 4 of the Courts Amendment Act 1986—upon the judge attaining the age of 70 years; or

S. 77(4)(d) inserted by No. 109/1994 s. 7(2), amended by No. 24/2007 s. 8(2).

(d) in the case of a judge to whom subsection (3A) applies, upon the judge attaining the age of 72 years; or

S. 77(4)(e) inserted by No. 24/2007 s. 8(3).

(e) on the resignation in writing of the judge at any time before attaining the age specified in whichever of paragraphs (a), (b), (c) or (d) is applicable to the judge.

Note to s. 77(4) inserted by No. 3/2016 s. 40(2), substituted by No. 1/2022 s. 30.

See also section 8AA of the County Court Act 1958 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Judge.

See also section 7(6A) of the Magistrates' Court Act 1989 in relation to resignation by a Judge of the Court who is a dual commission holder as Chief Magistrate.

S. 77(5) inserted by No. 5/2013 s. 5.

(5) In this section, a reference to a Judge of the Court does not include a reserve Judge.

No. 6387 s. 8.

S. 78 amended by No. 109/1994 s. 8.

78 Chief Justice

The Chief Justice shall be styled "The Chief Justice of the Supreme Court of the State of Victoria", and until Her Majesty's pleasure is known he shall have rank and precedence above and before all persons whomsoever in Victoria excepting the Governor and Lieutenant-Governor thereof.

S. 78A inserted by No. 109/1994 s. 9, amended by No. 5/2013 s. 6 (ILA s. 39B(1)).