This version changes how the vacancy of a Governor is handled, using the French method of having a leading legislator temporarily take over caretaker duties until an election is held. The members in a district has been increased to five to match the Tasmanian Assembly structure.
The changed vacancy section is:
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In the event of the Governor's vacancy and until a new Governor is elected, the duties of the Governor shall be temporarily exercised in a caretaker capacity by the Speaker, who shall be prohibited from presiding or voting in the Legislature while performing such duties. A ballot for the election of a new Governor shall be held not less than twenty days and not more than thirty-five days after the beginning of the Governor's vacancy.
Definitions "elector" is an individual above the age of seventeen. Executive The executive shall, subject to the provisions in this constitution, have the power to execute the laws of the Legislative. Executive power shall be vested in the Governor, who shall be elected by electors, and hold office for the term of four years with a maximum of two terms. Judges, ministers and officials of the executive shall be appointed by the Governor upon the advice and consent of the Legislature. No judge, minister or official may concurrently be a member of the executive and another branch of government. Ministers and officials of the executive shall hold office during the Governor's pleasure. The Governor, upon a resolution adopted with a supporting vote of two-thirds of the Legislative's members, may be removed on the grounds of; a serious violation of the constitution or the law; serious misconduct; or the inability to perform the function of office. In the event of the Governor's vacancy and until a new Governor is elected, the duties of the Governor shall be temporarily exercised in a caretaker capacity by the Speaker, who shall be prohibited from presiding or voting in the Legislature while performing such duties. A ballot for the election of a new Governor shall be held not less than twenty days and not more than thirty-five days after the beginning of the Governor's vacancy. The Governor may refuse assent on a bill through veto; by returning the bill to the Legislature with written objection. Legislative The Legislature, as a unicameral body, shall, subject to the provisions in this constitution, have power to make laws for peace, welfare and good government of New South Wales. Every bill shall be presented to the Governor after passage through the Legislature with a majority. Bills shall become an act of legislature when assented to by the Governor; unless the bill is vetoed, in which case, upon a supporting vote of two-thirds of the Legislative's members, the bill shall become an act of legislature. There shall be a session of the Legislature at the minimum of once in every calendar year such that a period of twelve months is the maximum between sessions. The Legislature shall be composed of members from electorates where each electorate contains five members. Members of the legislature shall hold their office for the term of two years and may serve a maximum of twelve terms. Members may resign as a member of the Legislative by hand-written memorandum to the Speaker. Upon receipt of resignation by the Speaker, the seat of the member shall be vacant. Upon a vacancy in the Legislature the next candidate in the vacant electorate, who is not currently a member, who has the highest number of votes from the electorate in the previous election, shall become a member of the Legislature. The Speaker shall be the presiding officer of the Legislature; and shall be elected by the Legislature, through a secret ballot, upon the first assembly after an election. The Speaker shall be recognized as the Legislature's independent and impartial representative. The Speaker shall preside at all meetings of the Legislature. Judicature The highest court is the Supreme Court which has the sole judicial authority to interpret this constitution. The relative status of any other court of New South Wales is to be determined by legislation. The Chief Justice shall be the office of the Master of the Supreme Court. The Chief Justice shall issue writs for election on the appropriate dates for the Executive and Legislature. Disqualification A Governor, Legislator or Chief Justice is disqualified from serving if: the person is concurrently a member of more than one branch of government; the person directly, or indirectly, himself, or by any person whatsoever in trust for him or for his use or benefit or on his account, undertakes, executes, holds, or enjoys in the whole or in part any contract or agreement for or on account of the Public Service of New South Wales; the person is bankrupt; convicted of an infamous crime carrying a term of greater than ten years; or convicted of tampering with the electoral system. Local Government The local governments in New South Wales shall make their own charters and constitutions in order to manage their affairs. Amendment An amendment to the constitution is passed if; a majority of electors voting approves; two-thirds of the Legislative's members approve; and the amendment has the signature of the Governor. Exclusions Exclusions from executive force and legislative intrusion cannot be reduced or suspended; by referendum; by emergency; or declaration of war. The Executive shall execute no law; the Legislative shall make no law; and the Judicature shall endorse no law; that:Previous versions of the Gubernatorial NSW Constitution: camdeprives an individual of life; or limits or deprives an individual's; liberty to express their beliefs, opinions or lifestyle; liberty of movement; liberty of association; or liberty of peaceful assembly or protest. detains an individual indefinitely without charge; limits or removes an individuals right to have counsel with them upon arrest or questioning; limits or removes an individuals right to a writ of habeous corpus upon detention; back-dates punitive measures for an offence; permits an individual to be detained for longer than six months without trial or resolution; enabling an individual to be tried for an offence more than once. limits or removes an individual's right to refuse law enforcement access to their property, or permission to search their person and property, unless there is a warrant issued to search specific property for evidence of a specific crime; limits or removes an individuals choice to divulge no information other than their identity, verbally, when under suspicion from law enforcement for a specific crime. limits, reduces or removes an individual's right to own property; deprives the individual of property, or devalues an individual's property without fair exchange or consent. on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record; discriminates against an individual; limits or removes equal treatment under the law for an individual; limits or removes access to government services for an individual. disenfranchises an elector; denies an elector representation; denies an elector the ability to run for election; reduces or removes an individual the ability to petition their representatives for a redress of grievances. abolishes the secret ballot; criminalises, or outlaws a political party; removes access to the Public Service for parties with elected parliamentary members.
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