Victorian Legislation and Parliamentary Documents
Version No. 001
Constitutional Convention Act 1972
Act No. 8307/1972
Version incorporating amendments as at 2 March 1998
TABLE OF PROVISIONS
Section
1.
Short title
1A. Alternate Members
2.
Delegates to be entitled to attendance fees and travelling
allowances
3.
Power to Treasurer to pay costs of Convention
4.
As to payments to delegates
5.
Delegates not to be disqualified by acceptance of payment
6.
Regulations
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2
2
3
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3
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ENDNOTES
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1. General Information
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2. Table of Amendments
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3. Explanatory Details
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Victorian Legislation and Parliamentary Documents
Version No. 001
Constitutional Convention Act 1972
Act No. 8307/1972
Version incorporating amendments as at 2 March 1998
An Act to make Provision with respect to the Costs and
Expenses of the proposed Constitutional Convention and with
respect to the Payment of Allowances to the Delegates of the
Victorian Parliament to that Convention.
Preamble
WHEREAS the Legislative Council on the 14th day of
October, 1970 resolved nemine contradicente that the
Legislative Council of Victoria, recognizing that the present
relationships between the Commonwealth of Australia and
the States call for urgent review and that a durable and
acceptable adjustment of powers and responsibilities within
the Federal system can only be achieved by effective
amendments to the Commonwealth Constitution, request the
Government of Victoria to invite the other States to join the
Victorian Parliament in preparing such amendments, and
subsequently in conferring with the Commonwealth
Parliament with a view to submitting agreed amendments to
a referendum of the Australian people:
AND WHEREAS the Legislative Assembly on the twentieth
day of October, 1970 passed nemine contradicente a
Resolution identical (except in respect of formal matters):
AND WHEREAS the Parliaments of the States of New
South Wales and Tasmania have responded to the invitation
extended by the Government of Victoria pursuant to that
Resolution:
AND WHEREAS the Government of Victoria has received
indications from the Governments of the other States of
Australia and from the Commonwealth of Australia that they
would be willing to join any Convention to review the
operation of the Constitution of the Commonwealth of
Australia:
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Act No. 8307/1972
AND WHEREAS the Parliament of Victoria has appointed
delegates of the Parliament to attend the proposed
Convention:
AND WHEREAS the Government of Victoria has agreed to
contribute to the costs incurred in the holding of the
Convention:
AND WHEREAS it is expedient to authorize the payment of
allowances to the delegates of the Victorian Parliament to
the Convention:
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
This Act may be cited as the Constitutional
Convention Act 1972.
S. 1A
inserted by
No. 8400
s. 2.
1A. Alternate Members
In this Act "delegate" includes any person who
by virtue of a resolution of the Parliament or of
either House of the Parliament may be appointed
an alternate Member of the Delegation.
2. Delegates to be entitled to attendance fees and
travelling allowances
Each delegate of the Victorian Parliament to the
Convention shall be entitled to receive by way of
reimbursement of his expenses—
(a) in relation to his attendance in the discharge
of his duties as a delegate an attendance fee
at the rate of $10.00 for each attendance at a
meeting of the Convention or a meeting of
delegates held for or in connexion with the
Convention; but no delegate shall be entitled
to receive more than one attendance fee in
respect of any one day notwithstanding that
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Victorian Legislation and Parliamentary Documents
he may attend more than once on that day;
and
(b) in relation to travelling whenever such
travelling has been necessarily done in the
discharge of his duties as a delegate—
(i) such further allowance as has been
prescribed by regulation; and
(ii) any charge for any conveyance paid by
him when so travelling.
3. Power to Treasurer to pay costs of Convention
The Treasurer may pay out of Consolidated Fund
(which is hereby to the necessary extent
appropriated accordingly) such amounts not
exceeding $50,000 in any financial year as are
from time to time payable by the State of Victoria
towards the cost of or incidental to the holding
and proceedings of the Convention and such
amounts as any delegate is entitled to pursuant to
this Act.
4. As to payments to delegates
Any payment made to a delegate shall be in
addition to any payment received by the delegate
as a Parliamentary salary or allowance and shall
be paid on the certificate of the leader of the
delegation.
5. Delegates not to be disqualified by acceptance of
payment
Notwithstanding anything in The Constitution
Act Amendment Act 1958 or in any other Act a
delegate shall not by reason only of receiving any
payment under this Act be deemed to hold or to
accept an office or place of profit under the Crown
or to be employed in the Public Service so as to
render him incapable of sitting or voting as a
member of the Assembly or Council or to make
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Victorian Legislation and Parliamentary Documents
s. 6
Act No. 8307/1972
null and void his election to Parliament or to
disqualify him or to render him incapable of being
or continuing a member of the Legislative
Assembly or Legislative Council or to make him
liable to any penalty under The Constitution Act
Amendment Act 1958.
6. Regulations
The Governor in Council may make regulations
for or with respect to any matter which is required
or permitted to be prescribed for giving effect to
this Act.
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Victorian Legislation and Parliamentary Documents
ENDNOTES
1. General Information
The Constitutional Convention Act 1972 was assented to on 24 October
1972 and came into operation on 24 October 1972.
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Endnotes
Constitutional Convention Act 1972
Endnotes
Act No. 8307/1972
Victorian Legislation and Parliamentary Documents
2. Table of Amendments
This Version incorporates amendments made to the Constitutional
Convention Act 1972 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Constitutional Convention (Alternate Members) Act 1973, No. 8400/1973
Assent Date:
10.4.73
Commencement Date:
10.4.73
Current State:
All of Act in operation
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Victorian Legislation and Parliamentary Documents
3. Explanatory Details
No entries at date of publication.
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Endnotes