Paragraph 45B Votes of confidence or no confidence in the GovernmentF1

At any meeting of the Legislative Council the Chief Minister, or another Minister acting on behalf of the Chief Minister, may give notice of his or her intention to move a motion of confidence in the Government.

Subject to subsection (3), at any meeting of the Legislative Council any three or more elected members of the Council who are not Ministers may give notice of their intention to move a motion of no confidence in the Government.

Notice may not be given under subsection (2) less than three months after the date on which a motion of no confidence in the Legislative Council was last voted upon and lost, unless the Council has sooner been dissolved.

A motion of which notice is given under subsection (1) or subsection (2) must be voted on at a meeting of the Legislative Council, by secret ballot, not sooner than five days but not later than ten days after the date of the notice.

To be carried, a motion of confidence or no confidence must receive the affirmative vote of a majority of all the elected members of the Legislative Council.

If the motion of confidence is lost, or the motion of no confidence is carried, the Chief Minister shall be deemed to have tendered his or her resignation from office at the expiration of five days after the date of the vote, unless, before then, he or she tenders a resignation from office or requests the Governor to dissolve the Legislative Council.