CONSTITUTION AND LAWS. 13 



box." It is claimed for this system that it ensures the utmost possi])le 

 .secrecy in voting. In the case of an cfiuality of votes, the returning 

 officer has a casting vote.'' 



Contested Elections. 

 The Logishitive Assembly still retains the right of deterniiniiig f|n('s- 

 tions arising out of (lisj)ute(l elections. Under the Electnnil Act of ] SO:*, 

 however, tins function is re(iuired to bo exercised by a connuitte(> of the 

 House, called the Coniniittee of Elections and Qualifications.' This 

 consists of nine members appointed by wai'rant under the hand of the 

 Speaker, with the approval of the House, at the commencement of each 

 session."* The Committee is empowered to decide, finally, all rpu's- 

 tions respecting the validity of electioiis, or the (pialificaticm of any 

 person returned; and to investigate and report to the Assembly iijxiu 

 any other matter referred to it."' 



Tlic Duration of ParlidDtcnf. 



The power of convening the Legislature is vest(Ml in the (Jovoi-nor 

 subject to the condition that one session at least must be held in 

 each year."^ This power is really exercised on the advice of the 

 Ministry, who, both for the purposes of legislation and su])])ly, find it 

 necessary not only to convene I'arliaraent frequently, Init also to 

 maintain it in session for a considerable part of each year. Once in 

 being, Parliament may be prorogued, or dissolved , or may expire by lapse 

 of time. Prorogation has the effect of putting an end to the session ; 

 it ap])lies c>f[ually to both Houses ; and is effected by proclamation of 

 the (iovcrnor.'' The effect of pi-orogation was fonuerly to })ut an 

 end to all business not then comjiletcd ; but both Houses have now 

 made provision for enabling bills commenced in the previous session 

 to be resumed in a subsequent session at the point at which they were 

 dropped.' Dissolution has the effect of terminating the existence 

 of the Assembly and of suspending the functions of the Council ;' it 

 also is effected by proclamation of the (Governor. The duration of 

 Parliament is limiteil to three years^ by the Triennial Parliaments Act, 

 1874. If not previously dissolved, the Assend)ly will, ipso jure, cease to 

 exist after the lai)se of three years from the date of the return of the 

 writs on the occasion of the last general election.'' Whether it ceases 

 by dissolution or by lapse of time, a new Parliament must be convened 

 within forty-six days.' The powers of prorogation and dissolution are 

 commonly exercised by the Governor on the advice of his I^Iinisters ; 

 but with respect to dissolution he is invested with a somewhat wider 

 discretion than usual, it being his duty to see that this prerogative 

 power is only resorted to in cases in which a recourse to it is dictated 

 by the public interest.'" 



•' Electoral Act, 189.S, sees. 84, 85. ^ lb., sec. 102. <= lb., sees. 1-M, l-'7. 

 '' lb., sees. 121, 122. ^' //)., sec. 128. 

 ''Constitution Act, sec. ;W ; Letters Patent, el. 11. 

 «-' Constitution Act, sec. .S. >' lb., sec. .SO ; Letters Patent, cl. 1 1. 

 i Standing Oidcrs, Legislative Council, 278 to 2S0 ; Legislative Assembly, 400 to 411. 

 J Tlie Council is ineimwliile prorogued ; but Parliament, of wliicii the Council forms a 

 part, is for tlic time-being non-existent. 

 '- '.r, Vic, No. 7, sec. 2. 



' KK'ctoral Act 189:5, sees. 5,3 to 55, oS ; and Inutlicr Amendment Act, 189:1, sec. 10. 

 "" Todd, cli. xvii. 



