TWO DISMISSALS

jack lang - gough whitlam

DEMOCRACY? AT WORK?

the powers of the Governor of New South Wales

CONSTITUTION ACT 1902 - SECT 9A

Appointment of Governor

9A Appointment of Governor

(1) There shall continue to be a Governor of the State.
(2) The appointment of a person to the office of 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 to be 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.

CONSTITUTION ACT 1902 - SECT 22D

Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses

22D Filling of casual vacancies in seats of Members of Legislative Council by joint sitting of both Houses

(1) Whenever: (a) a vacancy occurs in the seat of a Member of the Legislative Council otherwise than by reason of section 22B (1) (c), or (b) a vacancy occurs in the seat of a Member of the Legislative Council by reason of section 22B (1) (c) and that vacancy is not filled by reason that insufficient Members of the Legislative Council are elected at the periodic Council election next following the occurrence of the vacancy, the Governor, by message to both Houses of Parliament, shall convene a joint sitting of the Members of the Legislative Assembly and the Members of the Legislative Council to be held at a place and time specified in the message for the purpose of the election of a person to fill the vacant seat.
(2) A person may not be nominated at any such joint sitting for election to fill a vacant seat of an elected Member of the Legislative Council if he is not eligible to be so nominated under subsection (3) or, if applicable, subsection (4).
(3) A person is not eligible to be so nominated if, were he a Member of the Legislative Council, he would be disqualified from sitting or voting as such a Member. (4) Where: (a) a Member of the Legislative Council was elected at a periodic Council election and was, at the time of his election, publicly recognised by a particular political party as being an endorsed candidate of that party and publicly represented himself to be such a candidate, and (b) the vacancy (not being a vacancy referred to in subsection (1) (b)) to be filled is in the seat of that Member or of the successor (whether immediate, intermediate or ultimate) of that Member, a person is not eligible to be so nominated unless he is a member of that party, except where there is no member of that party available to be so nominated.
(5) This section does not apply to or in respect of a vacancy that occurs by reason that a periodic Council election is declared void in accordance with law.

CONSTITUTION ACT 1902 - SECT 35A

Preservation of certain conventions etc relating to advice to Governor

35A Preservation of certain conventions etc relating to advice to Governor

The enactment of the Constitution (Amendment) Act 1987 does not affect any law or established constitutional convention relating to the exercise or performance of the functions of the Governor otherwise than on the advice of the Executive Council.

CONSTITUTION ACT 1902 - SECT 35C

Members of the Executive Council

35C Members of the Executive Council

(1) The Executive Council shall consist of such persons as may be appointed by the Governor, from time to time, as members of the Executive Council.
(2) The members of the Executive Council shall hold office during the Governor's pleasure.
(3) The Governor may appoint one of the members of the Executive Council as Vice-President of the Executive Council.

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