Constitution (State Employees) Act 1944

Constitution (State Employees) Act 1944

An Act to amend the Constitution Act 1934

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Constitution (State Employees) Act 1944 .

2.   Employees in employ of State may be elected to Parliament

(1)  Nothing contained in subsection (3) of section 32 of the Constitution Act 1934 shall extend to any person otherwise qualified who holds any office of profit or emolument in the public service of the State, or in any business or undertaking carried on by any person, body, or authority on behalf of the State.

(2)  Any person to whom subsection (1) applies shall –

(a) forthwith on being elected to a seat in either House of Parliament cease to hold such office; and

(b) be entitled to leave of absence for a period not exceeding two months for the purpose of contesting a Parliamentary election, but shall not be entitled to any salary during his absence from duty for that purpose: Provided that this paragraph shall not affect any right of any such person to leave of absence under any Act or any regulations or by-laws thereunder.