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Reprinted as at 4 August 1965 (3) The High Commissioner may at any time, by notice published in the Cook Islands Gazette, dissolve the Legislative Assembly if he is advised by the Premier to do so, but shall not be obliged to act in this respect in accordance with the advice of the Premier unless the High Commissioner is satisfied, acting in his discretion, that in tendering that advice the Premier commands the confidence of a majority of the members of the Assembly.

(4) The High Commissioner shall dissolve the Legislative Assembly at the expiration of three years from the date of the last preceding general election, if it has not been sooner dissolved.

(5) There shall be a general election of the members of the Legislative Assembly at such time within three months after every dissolution of the Assembly as the High Commissioner appoints by notice published in the Cook Islands Gazette.

Schedule Article 37: substituted, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

38 Clerk of the Legislative Assembly

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

(2) The Clerk shall keep a record of the proceedings of the Legislative Assembly, and shall transmit a copy of those records to the High Commissioner as soon as practicable.

Schedule Article 38(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

39 Power to make laws

(1) Subject to the provisions of this Constitution, the Legislative Assembly may make laws (to be known as Acts) for the peace, order, and good government of the Cook Islands.

(2) The powers of the Legislative Assembly shall extend to the making of laws having extra-territorial operation.

(3) Without limiting the generality of the power conferred by subclause (1) of this Article to make laws for the peace, order, and good government of the Cook Islands, that power shall, subject to the provisions of this Constitution, include the repeal or revocation or amendment or modification or extension, in relation to the Cook Islands, of any law in force in the Cook Islands.

(4) Except to the extent to which it is inconsistent with this Constitution, no Act and no provision of any Act shall be deemed to be invalid solely on the ground that it is inconsistent with any law in force in the Cook Islands.

40 No property to be taken compulsorily without compensation

(1) No property shall be taken possession of compulsorily, and no right over or interest in any property shall be acquired compulsorily, except under the law which, of itself or when read with any other laws,— Rh