New South Wales Bills Explanatory Notes

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CONSTITUTION (FIXED TERM PARLIAMENTS) SPECIAL PROVISIONS BILL 1991

Act No. 70

CONSTITUTION (FIXED TERM PARLIAMENTS) SPECIAL

PROVISIONS BILL 1991*

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The objects of this Bill are:

(a) to fix (except in certain circumstances) 25 March 1995 as the date of the next
general election; and
(b) to ensure that a referendum on the proposed Constitution (Fixed Term
Parliaments) Amendment Act 1991 (which will apply after the next general
election) is held on or before that date; and
(c) to require a referendum for any future legislation that would repeal or amend
the provisions of this Bill.

Presently, a Legislative Assembly continues for 4 years unless it is dissolved by the
Governor before that time.

Under the Bill:

(a) The next general election is to be held on 25 March 1995, unless the current
Assembly is sooner dissolved m the special circumstances mentioned below.

(b) If the current Assembly is so dissolved the next general election is to be held
(as at present) within 40 days after the issue of the writs for the election.

(c) The existing discretion of the Governor to dissolve the current Assembly at any
time and issue writs for an election is to be replaced by a power to dissolve
only in the following spacial circumstances (those circumstances are similar to
those proposed under the Constitution (Fixed TermParliaments) Amendment
Bill 1991):

* If a motion of no confidence in the Government is passed and no
Government which has the confidence of the Assembly is formed within

clear days of the motion of no confidence. 3 clear days' notice is required
to be given of the motion of no confidence.

* If the Assembly has rejected or failed to pass a supply Bill.

* Amended in committee--see table at end of volume.

2
Constitution (Fixed Term Parliaments) Special Provisions I991
* If the scheduled election date of 25 March 1995 is an unsuitable date for
the general election (e.g. it occurs in a period during which a
Commonwealth election is being held). In that case, the duration of the
Assembly may be reduced by no more than 2 months and an earlier
election held.

(d) Any existing power of the Governor to act otherwise than on the advice of the
Government in connection with the dissolution of the Legislative Assembly is
preserved.

(e) The Act under which referendums are required to be held is amended to ensure
that the referendum on the Constitution (Fixed Term Parliaments) Amendment
Bill 1991 (which will apply to future Parliaments if approved by the electors) is
held at or before the date of the next general election.

(f) A referendum will be required for any future legislation that would repeal or
amend the provisions of this Bill.

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