Constitution Act 1934

This Act may be cited as the Constitution

Act 1934.

The Parliament on behalf of the people of South Australia acknowledges that—

the Parliament of the United Kingdom in 1834 passed a Bill called

An Act to empower His Majesty to erect

Colonisation and Government thereof and that by Letters Patent dated 19 February 1836 His Majesty established the Province of

South Australia; and

the making of the above instruments and subsequent constitutional instruments providing for the governance of South Australia and for the making of laws for peace, order and good government occurred without proper and effective recognition, consultation or authorisation of Aboriginal peoples of

South Australia.

Following the Apology given on 28 May 1997, the

Parliament, on behalf of the people of South Australia—

acknowledges and respects Aboriginal peoples as the State's first peoples and nations; and

recognises Aboriginal peoples as traditional owners and occupants of land and waters in South Australia and that—

their spiritual, social, cultural and economic practices come from their traditional lands and waters; and

they maintain their cultural and heritage beliefs, languages and laws which are of ongoing importance; and

they have made and continue to make a unique and irreplaceable contribution to the State; and

acknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters.

The Parliament does not intend this section to have any legal force or effect.

The Parliament of South Australia recognises the importance of listening to the voices of First Nations people if there is to be a fair and truthful relationship between the First Nations and non‑First Nations people of South Australia.

The Parliament acknowledges that the voice of First Nations people has not always been heard in Parliament, and intends that, through the

First Nations Voice

Act 2023, that voice will be heard, and will make a unique and irreplaceable contribution to South Australia that benefits all

South Australians.

There shall be a Legislative Council and a House of Assembly which shall be called the Parliament of South Australia, and shall be constituted in the manner provided by this Act.

The Legislative Council and House of Assembly shall have and exercise all the powers and functions formerly exercised by the Legislative

Council constituted pursuant to section 7 of the Act of the Imperial

Parliament, 13 and 14 Victoria, Chapter 59, entitled "An Act for the better Government of Her Majesty's Australian Colonies".

The Governor may—

fix such places and times for holding every session of the

Parliament as the Governor thinks fit;

from time to time change any such place or time as the Governor judges advisable and most consistent with general convenience and the public welfare;

except during a relevant election period, prorogue the Parliament from time to time. Provided that this section shall not authorise the Governor to dissolve the Legislative Council.

The Governor shall give sufficient notice of the time and place fixed for holding every session of Parliament, and of any change thereof.

In this section—

relevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) and ending on the day of that general election (and includes, if the Constitution (Independent Speaker) Amendment

Act 2021 comes into operation during a relevant election period, the remainder of that relevant election period).

There shall be a session of the Parliament once at least in every year; so that a period of twelve calendar months shall not intervene between the last sitting of the Parliament in one session and the first sitting of the

Parliament in the next session.

The Parliament may, from time to time, by any Act, repeal, alter, or vary all or any of the provisions of this Act, and substitute others in lieu thereof: Provided that—

it shall not be lawful to present to the Governor, for His

Majesty's assent, any Bill by which an alteration in the constitution of the

Legislative Council or House of Assembly is made, unless the second and third readings of that Bill have been passed with the concurrence of an absolute majority of the whole number of the members of the Legislative Council and of the House of Assembly respectively;

every such Bill which has been so passed shall be reserved for the signification of His Majesty's pleasure thereon.

The Parliament may, by any Act, define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and

House of Assembly, and by the members thereof respectively: Provided that no such privileges, immunities, or powers shall exceed those held, enjoyed, and exercised on the twenty-fourth day of October, 1856, by the House of Commons, or the members thereof.

Except as provided in the sections of this Act relating to money

Bills, the Legislative Council shall have equal power with the House of

Assembly in respect of all Bills.

Except as provided in this section—

the House of Assembly shall not be abolished; and

the Legislative Council shall not be abolished; and

the powers of the Legislative Council shall not be altered;

and

sections 8 and

41 of this Act shall not be repealed or amended; and

any provision of this section shall not be repealed or amended.

A Bill providing for or effecting—

the abolition of the House of Assembly; or

the abolition of the Legislative Council; or

any alteration of the powers of the Legislative Council;

or

the repeal or amendment of section 8 or section 41 of this Act; or

the repeal or amendment of any provision of this section, shall be reserved for the signification of Her Majesty's pleasure thereon, and shall not be presented to the Governor for Her Majesty's assent until the

Bill has been approved by the electors in accordance with this section.

On a day which shall be appointed by proclamation, being a day not sooner than two months after the Bill has passed through both the Houses of

Parliament, the Bill shall, as provided by and in accordance with an Act which must be passed by Parliament and in force prior to that day, be submitted to the persons whose names appear as electors on the electoral rolls kept under the Electoral Act 1929, as amended, for the election of members of the House of Assembly.

When the Bill is so submitted as provided by and in accordance with the Act referred to in subsection (3) of this section, a vote shall be taken in such manner as is prescribed by that Act.

If the majority of the persons voting approve of the Bill, it shall be presented to the Governor for Her Majesty's assent.

Without restricting or enlarging the application of this section, this section shall not apply to any Bill providing for or effecting—

the repeal; or

the amendment from time to time; or

the re-enactment from time to time with or without modification, of section 11, 12,

16,

17, 18,

19, 20, 20A, 21, 22,

44,

45,

46,

46A,

48,

48A, 49, 50, 51, 52, 53, 54,

54A,

55,

56,

57,

58,

59,

60,

61,

63,

64 or

65 of this Act as in force immediately after the commencement of the Constitution Act Amendment

Act 1969, or of any enactment for the time being in force so far as it relates to the subject matter dealt with in any of those sections.

Any person entitled to vote at an election for a member or members of the House of Assembly or the Legislative Council shall have the right to bring an action in the Supreme Court for a declaration, injunction or other legal remedy to enforce any of the provisions of this section either before or after any Bill referred to in this section is presented to the Governor for Her

Majesty's assent.

The Legislative Council shall consist of twenty-two members elected by the inhabitants of the State legally qualified to vote.