Version No. 090
The Constitution Act Amendment Act 1958
Act No. 6224/1958
Version incorporating amendments as at 1 September 2002
table of provisions
Section Page
ii
Section Page
1. Short title and commencement 1
2. Repeal and transitional 2
3, 4. Repealed 3
5. Act to bind Crown 3
6. Extraterritorial operation of Act 4
PART I—repealed 4
7–10. Repealed 4
PART II—PARLIAMENT GENERALLY 5
Division 1—Repealed 5
11–13. Repealed 5
Division 2—Officials in Parliament 5
14–29. Repealed 5
30. Privileges of certain former members 7
31. Repealed 13
Division 3—Repealed 13
32–36. Repealed 13
Division 4—Parliamentary Contributory Retirement Fund 14
37. Definitions and application 14
38–40. Repealed 16
41. Deduction from salaries of members 16
42. Members' pensions 17
43. Application of Division to certain members 21
44. Suspension of pension in certain cases 24
45. Pensions for certain Premiers and their spouses 25
45A. Pensions of former members 25
46. Regulations 27
Division 5—Commonwealth Members and Elections 27
47–48. Repealed 27
49. Return to employment of certain unsuccessful candidates 27
Divisions 6–10—Repealed 28
50–65. Repealed 28
Division 11—Expenses of Executive and Legislative Councils 30
66. Repealed 30
PARTs III–X—repealed 31
67–415. Repealed 31
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SCHEDULES 48
SCHEDULE 1—Repeals 48
SCHEDULES 2–19—Repealed 49
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ENDNOTES 53
1. General Information 53
2. Table of Amendments 54
3. Explanatory Details 65
ii
Version No. 090
The Constitution Act Amendment Act 1958
Act No. 6224/1958
Version incorporating amendments as at 1 September 2002
An Act to consolidate the Law relating to the Amendment of the Constitution.
2
The Constitution Act Amendment Act 1958
Act No. 6224/1958
Preamble, 18 and 19 Vict chap. 55, schedule.
WHEREAS it is provided in the sixtieth section of 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 said Act and to substitute others in lieu thereof:
AND WHEREAS various amending Acts have from time to time been duly passed:
AND WHEREAS it is expedient that the said amending Acts should be consolidated:
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):
S. 1
amended by Nos 6764 s.8(a)(i), 7510 s.2(a), 8399 s.2(b), 8730 s.2(a), 9019 s.2(1)(Sch. item 18), 9427 s.6(1)(Sch. 5 item 25), 10146 s.6(a)–(h), 31/1988 s.26(a).
1. Short title and commencement
This Act may be cited as The Constitution Act Amendment Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2. Repeal and transitional
s. 2
(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2) 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 so repealed or existing or continuing under any of such Acts 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 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 by-law order appointment 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 of such Acts before the commencement of this Act; nor shall such repeal affect the operation of sub-section (2) of section two of the Parliamentary Contributory Retirement Fund (Amendment) Act 1956; nor shall such repeal disturb the effect of any amendment to The Constitution Act made by any of such Acts.
S. 2(3) repealed by No. 23/2002 s.185(1).
* * * * *
S. 3
amended by Nos 6764 s.2(a)(b), 7109 s.2, 7462 s.2, 7912 s.2, 8308 s.2, 8399 s.2(c), 8798 s.2, 9019 s.2(1)(Sch. items 19, 20), 9216 s.2, 9581 s.2, 10106 s.10, 10146 s.7(1)(2), 31/1988 s.4, 75/1988 s.4(3), 23/1994 s.118(Sch. 1 item56.1), 24/1999 s.4, 74/2000 s.3(Sch. 1 item125.1), repealed by No. 23/2002 s.185(1).
* * * * *
S. 4
repealed by No. 8750 s.96(Sch. 1 Pt1), new s.4 inserted by No. 31/1988 s.5, repealedby No. 23/2002 s.185(1).
* * * * *
S. 5
repealed by No. 8750 s.96(Sch.1 Pt1), new s.5 inserted by No. 31/1988 s.6.
5. Act to bind Crown
s. 5
(1) This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
S. 6
repealed by No. 8750 s.96(Sch.1 Pt1), new s.6 inserted by No. 31/1988 s.6.
6. Extraterritorial operation of Act
s. 6
This Act extends to officers appointed for the purposes of this Act outside Victoria.
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Pt 1 (Heading) repealed by No. 74/2000 s.3(Sch. 1 item125.2).
* * * * *
Ss 7–9 repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 10 amended by Nos 7106 s.3, 7656 s.3, repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
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Part II—Parliament Generally
Pt 2 Div. 1 (Heading) repealed by No. 74/2000 s.3(Sch. 1 item125.3).
* * * * *
s. 11
Ss 11–13 repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
Division 2—Officials in Parliament
S. 14
repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 15 amended by Nos 6428 s.2 (as amendedby No. 6489 s.4(Sch. item3)), 7149 s.2, 8033 s.2, 8434 s.2, repealedby No. 8750 s.96(Sch.1 Pt1).
* * * * *
Ss 16–20 repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
Ss 21, 22 repealed by No. 24/1999 s.5.
* * * * *
Ss 23, 24 repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
s. 23
S. 25 amended by No. 7679 s.2, repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 26
repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 27 amended by Nos 7723 s.2(Sch. item1(a)), 8360 s.7, repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 28
repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
S. 29 amended by No. 6957 s.12(1)(a), repealed by No. 8750 s.96(Sch.1 Pt1).
* * * * *
No. 6006 s.30.
30. Privileges of certain former members
s. 30
(1) In this section unless inconsistent with the context or subject-matter—
S. 30(1) def. of "education service" inserted by No. 9788 s.4(1)(a)(i), repealed by No. 10029 s.19(a)(i).
* * * * *
"Parliament" means the Parliament of Victoria or of the Commonwealth of Australia;
S. 30(1) def. of "police force" inserted by No. 6957 s.12(1)(b)(i).
"police force" includes the officers and other members of the police force of Victoria;
S. 30(1) def. of "public service" amended by Nos 9427 ss3(Sch. 2 item 5), 6(1)(Sch. 5 item 26(a)), 9788 s.4(1)(a)(ii), 10029 s.19(a)(ii), 59/1986 s.143(2), 50/1988 s.93(2)(Sch. 2 Pt 2 item 57), 46/1998
s. 7(Sch. 1).
"public service" includes as well as employees in the public service—
(a) permanent and temporary medical officers employed under the Mental Health Act 1986 or the Intellectually Disabled Persons' Services Act 1986;
* * * * *
(c) any officer within the meaning of the State Superannuation Act 1988 not otherwise included within the interpretations of public service railway service or teaching service;
S. 30(1) def. of "railway service" repealed by No. 21/1991 s.11(a).
* * * * *
S. 30(1) def. of "teaching service" amended by No. 9427 s.6(1)(Sch. 5 item 26(b)), repealed by No. 9788 s.4(1)(a)(iii), new def. of "teaching service" inserted by No. 10029 s.19(a)(iii), amended by No. 46/1998
s. 7(Sch. 1).
"teaching service" includes as well as officers and employés in the teaching service any person who is certified by the Secretary to the Department of Education to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund.
s. 30
S. 30(2) amended by Nos 6957 s.12(1)(b)(ii), 9788 s.4(1)(b), 10029 s.19(b).
(2) If a member of the public service or the teaching service or the railway service or the police force has been before the commencement of this Act or is after the commencement of this Act elected a member of Parliament and after such commencement ceases to be a member of Parliament without being entitled to a pension under this Act or under the Commonwealth Act known as the Parliamentary Retiring Allowances Act 1948–1955 as amended from time to time or any similar Act he shall, on application in writing to the proper authority within three months after so ceasing to be a member of Parliament, be entitled to reinstatement in the public service or the teaching service or the railway service or the police force (as the case may be) subject to the following provisions in relation to classification, superannuation, sick leave and long service leave—
S. 30(2)(a) amended by No. 6957 s.12(1)(b)(iii).
(a) he shall be re-employed in the service or force in a classification grade or office not inferior to that in which he was employed when he ceased to be employed in the service or force by reason of his election as a member of Parliament;
S. 30(2)(b) amended by No. 50/1988 s.93(2)(Sch. 2 Pt 2 items 57, 58).
(b) if immediately before he so ceased to be employed he was a contributor under the State Superannuation Act 1988 or any corresponding previous enactment) he shall become a contributor under that Act if, on being re-employed in the service, he pays into the Superannuation Fund under that Act an amount equal to the sum paid to him out of that Fund when he so ceased to be employed together with an additional amount equal to the contributions he would have been required to make under the State Superannuation Act 1988 and any corresponding previous enactment if he had remained in the service during the period from so ceasing to be employed until re-employment in the service as aforesaid; and on payment of such amount into the Fund he shall be treated thenceforward for the purposes of the State Superannuation Act 1988 as if he had continued to be a contributor under that Act during that period;
s. 30
S. 30(2)(ba) inserted by No. 6957 s.12(1)(b)(iv).
(ba) (if immediately before he so ceased to be a member of the police force rateable deductions were being made pursuant to the provisions of the Police Regulation Act 1958 or any corresponding previous enactment) on becoming a member of the force again he shall become entitled to the same rights in respect of a pension as he would have had if he had not ceased to be a member of the force if he pays into the Police Pensions Fund under that Act an amount equal to the sum paid to him out of that Fund when he so ceased to be a member together with an additional amount equal to the deductions that would have been made under that Act and under any corresponding previous enactment if he had remained a member of the force during the period that he was not a member; and on payment of such amount into the Fund he shall be treated thenceforward for the purposes of entitlement to a pension under the Police Regulation Act 1958 as if he had continued to be a member of the force during that period;
S. 30(2)(bb) inserted by No. 95/2000 s.19(1).
(bb) if immediately before he or she so ceased to be employed, he or she was a contributor under the State Employees Retirement Benefits Act 1979, he or she becomes a contributor under that Act if, on being re-employed in the service, he or she pays into the Fund under that Act an amount equal to the sum paid to him or her out of that Fund when he or she so ceased to be employed together with an additional amount equal to the contributions he or she would have been required to make under the State Employees Retirement Benefits Act 1979 if he or she had remained in the service during the period from so ceasing to be employed until re-employment in the service and on payment of that amount into the Fund he or she is to be treated for the purposes of the State Employees Retirement Benefits Act 1979 as if he or she had continued to be a contributor under that Act during that period;
s. 30
S. 30(2)(bc) inserted by No. 95/2000 s.19(2).
(bc) if immediately before he or she so ceased to be employed, he or she was a contributor under the Emergency Services Superannuation Act 1986, he or she becomes a contributor under that Act if, on being re-employed in the service, he or she pays into the Scheme under that Act an amount equal to the sum paid to him or her out of that Scheme when he or she so ceased to be employed together with an additional amount equal to the contributions he or she would have been required to make under the Emergency Services Superannuation Act 1986 if he or she had remained in the service during the period from so ceasing to be employed until re-employment in the service and on payment of that amount into the Fund he or she is to be treated for the purposes of the Emergency Services Superannuation Act 1986 as if he or she had continued to be a contributor under that Act during that period;
S. 30(2)(bd) inserted by No. 95/2000 s.19(3).
(bd) if immediately before he or she so ceased to be employed, he or she was a member under the Transport Superannuation Act 1988, he or she becomes a member under that Act if, on being re-employed in the service, he or she pays into the Fund under that Act an amount equal to the sum paid to him or her out of that Fund when he or she so ceased to be employed together with an additional amount equal to the contributions he or she would have been required to make under the Transport Superannuation Act 1988 if he or she had remained in the service during the period from so ceasing to be employed until re-employment in the service and on payment of that amount into the Fund he or she is to be treated for the purposes of the Transport Superannuation Act 1988 as if he or she had continued to be a member under that Act during that period;