Constitution Act 1902 (NSW)

Constitution Act 1902 No 32

An Act to consolidate the Acts relating to the Constitution.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Constitution Act 1902.

2 Recognition of Aboriginal people (1) Parliament, on behalf of the people of New South Wales, acknowledges and honours the Aboriginal people as the State's first people and nations. (2) Parliament, on behalf of the people of New South Wales, recognises that Aboriginal people, as the traditional custodians and occupants of the land in New South Wales— (a) have a spiritual, social, cultural and economic relationship with their traditional lands and waters, and (b) have made and continue to make a unique and lasting contribution to the identity of the State. (3) Nothing in this section creates any legal right or liability, or gives rise to or affects any civil cause of action or right to review an administrative action, or affects the interpretation of any Act or law in force in New South Wales.

3 Interpretation (1) In this Act, unless the context or subject-matter otherwise indicates or requires— Periodic Council election means an election held for the return of 21 Members of the Legislative Council. The Legislature means His Majesty the King with the advice and consent of the Legislative Council and Legislative Assembly. (2) For sections 22H, 22I and 32, in relation to ascertaining a quorum for, or determining a question in, a House of Parliament, a Member of Parliament is taken to be present at a meeting of the House if the Member attends the meeting remotely using an audio visual link in accordance with— (a) the Standing Rules and Orders of the House, or (b) a resolution or sessional order of the House. (3) Subsection (2) has effect for a House of Parliament only if the Presiding Officer of the House has declared that— (a) it will be impracticable for Members of the House to meet in person during a specified period due to a public emergency, including a public health crisis, natural disaster, major accident, civil disturbance or act of terrorism, and (b) a majority of the Members of the House have requested remote attendance of the House be permitted under this section during the specified period. (4) A Member is taken to have made a request under subsection (3)(b) if the following person has made the request on the Member's behalf— (a) if the Member belongs to a party—the Member's party leader, (b) a Member of Parliament nominated by the Member to the Presiding Officer.