Legislative Assembly (Amendment) (No. 2) Act 2010

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LegislativeAssembly_Amendment__No.2_Bill2010v5


Act No. 21 of 2010




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LEGISLATIVE ASSEMBLY
(AMENDMENT) (NO.2) ACT 2010





Legislative Assembly (Amendment) (No.2) Act
2010 Arrangement of Sections





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Page 3




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LEGISLATIVE ASSEMBLY (AMENDMENT) (NO.2)
ACT 2010

Arrangement of Sections
Section

1 Short Title .................................................................................................... 5
2 Section 2 replaced – Duration of Assembly ................................................... 5
3 Section 6 amended – Death, Resignation or Disfranchisement of member ........... 6
4 Section 14 amended – Cabinet determines times......... .................................... 6
5 Section 15 replaced – The Speaker ............................................................ 6
6 Section 16 replaced – Deputy Speaker ......................................................... 6
7 Section 17 replaced – Opening and closing of the Legislative Assembly ............. 7
8 Section 19 inserted – Clerk of the Assembly .................................................. 7


Legislative Assembly (Amendment) (No.2) Act 2010 Section 1





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Act No. 21 of 2010 Page 5




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LEGISLATIVE ASSEMBLY (AMENDMENT) (NO.2)
ACT 2010

Act No. 21 of 2010

A BILL FOR AN ACT TO AMEND THE LEGISLATIVE ASSEMBLY ACT

I assent,
GEORGE TUPOU V,
24th November 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
____________________________________________________________________

1 Short Title

(1) This Act may be cited as the Legislative Assembly (Amendment) (No. 2) Act
2010.

(2) In this Act, the Legislative Assembly Act (Cap. 4), as amended, is referred to
as the Principal Act.

2 Section 2 replaced – Duration of Assembly

Section 2 of the Principal Act is repealed and replaced with –



“2 Duration of Assembly

(1) The duration of the Assembly is, pursuant to clause 77 of the
Constitution, limited to a period of 4 years following the date of
the last general election.

Section 3 Legislative Assembly (Amendment) (No.2) Act 2010





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(2) A general election for the representatives of the nobles and the
representatives of the people may be held at the same time and
places.”.

3 Section 6 amended – Death, Resignation or Disfran chisement of
member

Section 6 of the Principal Act is amended by repealing “Prime Minister” and
substituting it with “Electoral Commission in consultation with the Speaker”.

4 Section 14 amended – Cabinet determines times

Section 14 of the Principal Act is amended -

(a) in the English version only, by repealing “Privy Council” in the heading, and
replacing it with “Cabinet”;

(b) in the Tongan version only, by repealing “Ko e fakataha ‘a e Fale Alea” in the
heading and replacing it with “Tu’utu’uni ‘e he Kapineti ‘a e taimi”;

(c) by repealing “Privy Council” in the section, and replacing it with “Cabinet”;
and

(d) by inserting the following proviso at the end –

“Provided that the first session of the Legislative Assembly after a general
election shall commence within 6 weeks of the declaration of the election
result by the return of the writs of election, and the date of the first meeting of
the session shall be decided by the Prime Minister and the Speaker, and after
the date has been agreed, the Speaker shall inform the King accordingly.”.

5 Section 15 replaced – The Speaker

Section 15 of the Principal Act is repealed and replaced with –



“15 The Speaker

The King shall on the recommendation of the Legislative Assembly
appoint one of the elected representatives of the nobles to be the
Speaker who shall preside over all meetings and he shall hold office as
provided in clause 61 of the Constitution.”.

6 Section 16 replaced – Deputy Speaker

Section 16 of the Principal Act is repealed and replaced with –





Legislative Assembly (Amendment) (No.2) Act 2010 Section 7





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Act No. 21 of 2010 Page 7




“16 Deputy Speaker

(1) The King shall, upon recommendation of the Legislat ve
Assembly appoint a Deputy Speaker from the elected
representatives of the nobles.

(2) The Deputy Speaker shall hold office until the dissolution of the
Assembly before the next general election, unless h earlier dies,
resigns, ceases to be an elected representative or his appointment
is revoked by the King on the recommendation of the Prime
Minister with the approval of at least half of the members of the
Assembly.

(3) If the Speaker is not presiding, or if there is no Speaker, the
Deputy Speaker shall preside over the Assembly and perform the
duties of the Speaker until the Speaker is able to r sume the chair
and perform his duties.

(4) The Deputy Speaker shall, unless he is presiding over the
Assembly, vote as an elected representative and have the same
rights and duties as any elected representative.”.

7 Section 17 replaced – Opening and closing of the Legislative Assembly

Section 17 of the Principal Act is repealed and replaced with –



“17 Opening and closing of the Legislative Assembly

The sessions of the Legislative Assembly shall be opened and closed by
the King or the Regent or by a commission of three nobles appointed by
the King.”.

8 Section 19 inserted – Clerk of the Assembly

The Legislative Assembly Act is amended by inserting he following section –



“19 Clerk of the Assembly

(1) There shall be a Clerk of the Legislative Assembly.

(2) The Clerk shall remain in office regardless of a change in the
composition of the Government.

(3) The Speaker shall appoint the Clerk with the approval of the
Assembly in accordance with the terms of employment approved
by the Assembly.

(4) The duties of the Clerk include –

(a) providing procedural, legal, and administrative services to
the Speaker and members of the Legislative Assembly;

Section 8 Legislative Assembly (Amendment) (No.2) Act 2010





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(b) employing, (in conjunction with the Speaker and with the
approval of the Assembly), and supervising and setting
general guidelines for all staff employed at the offices of
the Assembly;

(c) providing a secretariat to the Assembly and its
committees; and

(d) advising the Speaker and members on parliamentary law
and procedure.”.







Passed by the Legislative Assembly this 22th day of July 2010.

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