The pages of this document are printed with handwritten. New south wales, to confer a constitution on new south wales, and to grant. In addition, a judge can only be removed if the conduct division of the judicial. It is possible, however, if one adds together the entrenched provisions to conclude that the constitution act 1902 nsw establishes a system of representative government in which members of parliament are to be elected by voters. New south wales constitution act 1855 uk transcript pdf. Constitution act 1902 as at 1 july 2018 act 32 of 1902. Changes in ministerial functions including the allocation of the. The court held that the amendment act is a law within the competence of the new south wales parliament because the grant of legislative power by s 5 of the constitution act 1902 nsw implied no relevant limitation as to the content of an enactment of that parliament. An act to consolidate the acts relating to the constitution. Constitution act 1867, sections 1, 2, 2a, 11a, 11b and 53 constitution act amendment act 1934, section 3. The colonies now became states of the new nation, australia. Commonwealth of australia constitution act the constitution. Versions of this act includes consolidations, reprints and as passed versions. Constitution act 1902 section 2 western sydney university.
The legislation history and amendment history of the republished law are set out in endnotes 3 and. Further, this act does not consolidate the constitution act 1867, sections 30 and 40. Constitution act 1902 nsw 54 attorneygeneral nsw v trethowan 55 southeastern drainage board sa v savings bank of south australia 60 rederiaktiebolaget amphitrite v the king the amphitrite 61 west lakes ltd v south australia 62 attorneygeneral wa v marquet 65 bills of rights 69 the constitution of the united states of america 69. The constitution act 1902 is the founding document of the state of new south wales, and sets out many of the basic principles of the government of new south. Anglican church of australia constitutions act 1902.
The victorian government acknowledges aboriginal and torres strait islander people as the traditional custodians of the land and acknowledges and pays respect to their elders, past and present. Nsw legislative assembly practice, procedure and privilege last edited on 3 march 2021, at 07. Protection of the environment administration act 1991. The act and the interpretation act 1987 contain definitions and. An act to enable her majesty to assent to a bill, as amended, of the legislature of. In victoria and the act courts have been empowered to make declarations.
Parliament, on behalf of the people of new south wales, acknowledges and honours the aboriginal people as the states first people and nations. View whole act statutory instruments turn history notes on legislative history search act results. In 2010 the nsw parliament gave recognition to the aboriginal people of nsw as the states first people and nations in the following words. Constitution ss 51xxxvii, 106108 constitution act 1902 nsw s 5 australia act 1986 s 2 cases building construction employees and builders labourers federation of new south wales v minister for industrial relations blf case 1986 7 nswlr 372 union steamship co of. This act may be cited as the constitution act, 1902, and. The legislative history at the back of the act provides detail about the past and future operation of the act. In new south wales, section 53 of the constitution act 1902 nsw provides that a judge can only be removed from office by the governor on an address from both houses of parliament, seeking removal on the ground of proved misbehaviour or incapacity. New south wales constitution amendment to nsw constitution act 1902 section 2 recognition of aboriginal people in 2010 the new south wales parliament gave recognition to the aboriginal people in the following words. Independent commission against corruption regulation nsw 2017and was set out as an ppendix ato the.
The legislative history at the back of the act provides detail about the past and. Government gazette of the state of new south wales sydney, nsw. Parliament, on behalf of the people of new south wales, recognises that aboriginal people, as the traditional. The constitution act 1902 nsw provides for the following essential features of the system of government for new south wales. Western australian legislation constitution act 1889. This act may be cited as the constitution act 1902. Money will still form part of the consolidated fund until expended.
Constitution act 1902 nsw section 39 appropriations are. Apr 15, 2015 constitutional law constitution act 1902 nsw legislative competence of new south wales parliament whether amendment act is law within meaning of s 5 of constitution act 1902 nsw. Australian capital territory self government act 1988 cth s 48. Constitution act 1902 sect 5 general legislative powers. The legislature shall, subject to the provisions of the commonwealth of australia constitution act, have power to make laws for the peace, welfare, and good government of new south wales in all cases whatsoever provided that all bills for appropriating any part of the public revenue, or for imposing any. Constitution act 1902 nsw an act to consolidate the acts relating to the constitution.
Application of act part 2 powers of the legislature 5. Section 51 local government was inserted into the constitution act 1902 nsw in 1986, without public consultation, plebiscite or referendum. To add to these complexities, section 7a of the constitution act 1902 nsw. Pt 3a, ss 75, 75f, 75h, 75i, 75j, 75x environmental planning and assessment regulation 2000 nsw, pt 1a, cll 8a, 8g environmental protection and biodiversity conservation act 1999 cth interpretation act 1987 nsw, ss 3, 11. This act created the foundation of the executive, legislative and judicial branches of the government of new south wales. We acknowledge the traditional owners of this land and pay respect to elders, past, present and emerging. The constitution of nsw constitution act 1902 presently does not have a preamble, nor does it have other express recognition of aboriginal people. Constitution act 1902 as at 18 february 2021 act 32 of. An act to enable her majesty to assent to a bill, as amended, of the legislature of new south wales, to confer a constitution on new south wales, and to grant a civil list to her majesty. Guide to interpreting nsw legislation 4 topic interpretive provisions construction an act or instrument is to be construed so as not to exceed the legislative powers of parliament sec 31. The legislative power of the commonwealth shall be vested in a federal parliament, which shall consist of the queen, a senate, and a house of representatives.
Constitution act 1902 as at 18 february 2021 act 32 of 1902. Whilst the book uses the constitution act 1902 nsw as its focus, it addresses constitutional issues arising in all australian states, such as parliamentary privilege. The constitutions of new south wales and tasmania and the selfgovernment acts of the australian capital territory and the northern territory do not deal with the 1. The legislature shall, subject to the provisions of the commonwealth of australia constitution act, have power to make laws for the peace, welfare, and good government of new south wales in all cases whatsoever. Current version for 24 march 2021 to date accessed 3 april 2021 at 17. Above you can see the public seal of new south wales issued under george vi in 1936. Section b of the constitution act 1902 provides, in part, that a person who holds an office of profit under the crown, or has a pension from the crown, is not capable of sitting and voting as a member of either house. Once appropriated, funds do not automatically leave the consolidated fund. Australias constitution of 1901 with amendments through 1985. This regulation is the constitution covid19 emergency measures regulation 2020. Constitution ss 51xxxvii, 106108 constitution act 1902 nsw s 5 australia act 1986 s 2 cases building construction employees and builders labourers federation of new south wales v minister for industrial relations blf case 1986 7 nswlr 372 union steamship co of australia v king 1988 166 clr 1. The court now operates under the constitution act 1902 nsw, the supreme court act 1970 nsw, and the civil procedure act 2005 nsw, although provisions on the appointment and removal of judicial officers were incorporated into the states constitution in 1992. Constitution act 1902 nsw 2 the nature and extent of the responsibilities and powers of local government 3 a system of local government that is accountable, effective, efficient.
Under section 5a of the new south wales constitution act 1902, a bill appropriating revenue for the ordinary annual services of the government can be presented to the governor for assent even if the upper house has not agreed to it. Government sector employment act 20 provides that the persons so employed or whose services the authority makes use of may be referred to as officers or employees, or members of staff, of the authority. We acknowledge the traditional owners of this land and pay respect to elders, past. Constitution act 1902 as at 18 february 2021 act 32 of 1902 table of provisions long title part 1 preliminary 1. Constitution act 1867, sections 1, 2, 2a, 11a, 11b and 53 constitution act amendment act 1890, section 2 constitution act amendment act 1934, sections 3 and 4. Constitution act amendment act 1934, sections 3 and 4. Constitution act 1902 sect 5 general legislative powers 5 general legislative powers. Wintertons australian federal constitutional law or hanks australian. Lingering ties to britain 1931 statute of westminster passed by uk parliament 1942 statute of westminster adoption act cth, so that the uk can no longer override any.
Sep 07, 2019 nsw division constitution as amended 7 september 2019 page 4 1. Independent commission against corruption regulation 2015 nsw and from 20 september 2014 the. In a letter attached from the ceo of alburycity that i received dated 14th may 2015, mr. Parliament, on behalf of the people of new south wales, recognises that aboriginal people, as the traditional custodians and occupants of the land in new south wales. The constitution act 1902 nsw is largely unentrenched with only particular provisions entrenched by ss 7a and 7b. Be it enacted by the kings most excellent majesty by an,d with the advice and consent of the legislative council and legislative assembly of new south wales in parliament assembled, an bd y the authority of the same, as follows. The constitution act 1902 is the founding document of the state of new south wales, and sets out many of the basic principles of the government of new south wales. This act of insertion is repugnant to the commonwealth constitution act 1901 and therefore invalid. Nov 27, 2006 constitution act 1902 nsw, s 35ca environmental planning and assessment act 1979 nsw, ss 4, 5. Constitutional issues concerning the validity of nsw election. As the constitution is an act of parliament it may be readily amended by an amending act and this has been done over 80 times since 1902. Constitutional recognition of aboriginal people nsw. Legislative council shall not be abolished nor, subject to the provisions of subsection six of. The nsw ministerial code of conduct is set out in the appendix to the.
Section 47a of the constitution act 1902 precludes the authority from employing staff. Disagreement between the two housesappropriation for annual services 5b. This imperial act and the bill of the legislative council of n,w south wales referred to therein ate. This compilation contains all amendments to the constitution made by the constitution alterations specified in note 1. Mar, 2021 we can see here by new south wales public act 1902 that the state of new south wales provided for the governor to keep and use the public seal of new south wales. It covers the constitution, operation and interaction of the state legislature, executive and judiciary, as well as the relationship between the state and the commonwealth in the federal system. It covers the constitution, operation and interaction of the state legislature, executive and judiciary, as well as the relationship between.
Supreme court new south wales decision graeme lawrence. Constitution act 1902 nsw does not itself entrench a separation of judicial. The nsw legislative assembly has fixed fouryear maximum terms. Full submission melbourne law school university of melbourne. The constitution of new south wales federation press. The constitution can only be amended through a referendum of nsw voters.
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