Ministers of Crown to be members of Parliament

1 A person may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown only if that person is a member of Parliament. 2 Notwithstanding subsection (1),— a a person who is not a member of Parliament may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown if that person was a candidate for election at the general election of members of the House of Representatives held immediately preceding that person's appointment as a member of the Executive Council or as a Minister of the Crown but shall vacate office at the expiration of the period of 40 days beginning with the date of the appointment unless, within that period, that person becomes a member of Parliament; and b a person who held office both as a member of Parliament and as a member of the Executive Council or as a Minister of the Crown immediately before having to vacate office as a member of Parliament under section 54(1)(b) or (2)(b) of the Electoral Act 1993 (the Act ) may continue to hold office as a member of the Executive Council or as a Minister of the Crown until the close of the day after the day on which the Electoral Commission declares, in accordance with section 193(5)(a) of the Act, the elected list candidates. 3 In subsection (2)(b), list candidate has the meaning given to it by section 3(1) of the Electoral Act 1993 . 1979 No 33 s 9 Section 6(2)(b) : replaced , on 10 July 2026 , by section 4(1) of the Constitution Amendment Act 2026 (2026 No 45). Section 6(3) : inserted , on 10 July 2026 , by section 4(2) of the Constitution Amendment Act 2026 (2026 No 45).