Repeals this section shall not be presented

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Reference no: EM133578069

Practice Problem - the QMP is made up, but of course I am to refer to real law outside the QMP, my questions are below:

Since 1984, eligibility to be chosen or to sit as a member of a House of the New South Wales Parliament has been governed by the Qualification of Members of Parliament Act 1984 (NSW) ('the QMP Act').

Section 5 of the QMP Act provides: Any person enrolled to vote as at 6pm on the date of the issue of the writ for an election of any member or members of a House of Parliament is qualified to be nominated as a candidate in that election, except a person who is a member of the Parliament of the Commonwealth.

Sections 6-10 of the QMP Act address eligibility to sit as a member of a House of the Parliament. Section 8 provides: A person who, having been elected to a House of Parliament, holds an office of profit under the Crown (other than the office of Minister of the Crown) on or after the 8th sitting day of that House after their election, shall be incapable of sitting as a member of the House to which they were elected, and their seat shall become vacant.

Section 20 of the QMP Act provides:

(1) A bill that expressly or impliedly amends or repeals section 5 of the Act shall not be presented for royal assent unless passed by absolute majority in a joint sitting of both Houses of Parliament.

(2) A bill that expressly or impliedly amends or repeals section 6, 7, 8, 9 or 10 of the Act shall not be presented for royal assent except with the prior written consent of the New South Wales Electoral Commissioner.

(3) A bill that expressly or impliedly amends or repeals this section shall not be presented for royal assent unless passed by absolute majority in a joint sitting of both Houses of Parliament.

The Apolitical Public Service (Exclusion from Elections) Act 2023 (NSW) was made by the New South Wales Parliament through the ordinary legislative process, namely royal assent was given by the Governor after the bill was passed by simple majorities in each House, sitting separately.

It contains one substantive section, section 3, which reads:

(1) A person who holds an office of profit under the Crown (other than the office of Minister of the Crown) shall be incapable of being chosen or of sitting as a member of a House of New South Wales Parliament.

(2) 'Office of Profit under the Crown' and 'being chosen' have the same meaning as those phrases carry in section 44 of the Australian Constitution.

Reference no: EM133578069

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