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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Daylight Saving Bill (No. 2) 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Trial period of daylight saving 3
5. Referendum on daylight saving 3
6. Summer time to be one hour in advance every year 4
7. Construction of expression of time in enactments,
etc. 4
8. Act not to affect use of standard time for certain
purposes 4
9. Regulations as to trading hours, etc. 5
175--1B page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Birney, MLA)
Daylight Saving Bill (No. 2) 2006
A Bill for
An Act to provide for a trial period of daylight saving throughout the
State and a referendum thereafter on the question of daylight saving
on a permanent basis, to alter standard time accordingly if the
majority of electors indicates approval of daylight saving in the
referendum.
The Parliament of Western Australia enacts as follows:
page 1
Daylight Saving Bill (No. 2) 2006
s. 1
1. Short title
This is the Daylight Saving Act (No. 2) 2006.
2. Commencement
(1) This Act other than section 6 comes into operation on the day
5 on which this Act receives the Royal Assent.
(2) Subject to subsection (3), section 6 comes into operation on the
day after the day on which the statement referred to in the
Referendums Act 1983 section 30(3) is published in the Gazette
in relation to the referendum if that statement evidences that, as
10 regards the whole of the State, the number of votes marked
"yes" exceeds the number of votes marked "no".
(3) If any question respecting the validity of the referendum or of
any return or statement showing the voting on the referendum is
referred to the Supreme Court by resolution of the Legislative
15 Council or of the Legislative Assembly under the Referendums
Act 1983 Part VI and, under that Part, the Supreme Court
subsequently avoids the referendum or such a return or
statement, the Governor may by proclamation provide that
section 6 ceases to be in operation on the day specified in the
20 proclamation.
3. Terms used in this Act
In this Act unless the contrary intention appears --
"electors" has the meaning given to that term in the
Referendums Act 1983 section 2(1);
25 "prescribed question" means the question set out in
section 5(2);
"referendum" means the referendum required by section 5(1);
"standard time" means the time declared by the Standard Time
Act 2005 to be standard time throughout the State;
page 2
Daylight Saving Bill (No. 2) 2006
s. 4
"summer time" means the time to be observed throughout the
State as provided by sections 4 and 6;
"the hour of 2 a.m." means that hour as determined by standard
time.
5 4. Trial period of daylight saving
Despite the Standard Time Act 2005, from --
(a) the hour of 2 a.m. on 3 December 2006 until the hour of
2 a.m. on 25 March 2007; and
(b) the hour of 2 a.m. on 28 October 2007 until the hour of
10 2 a.m. on 30 March 2008; and
(c) the hour of 2 a.m. on 26 October 2008 until the hour of
2 a.m. on 29 March 2009,
summer time shall, throughout the State, be one hour in advance
of standard time and shall be observed accordingly.
15 5. Referendum on daylight saving
(1) The prescribed question is to be submitted to the electors under
and in accordance with the Referendums Act 1983 on a day not
earlier than 10 May 2009 or later than 13 September 2009.
(2) The prescribed question is --
20 "Are you in favour of daylight saving being introduced in
Western Australia by standard time in the State being advanced
one hour from the last Sunday in October 2009 until the last
Sunday in March 2010 and in similar fashion for each following
year?".
25 (3) When an elector is voting at the referendum --
(a) if the elector is in favour of standard time in the State
being advanced one hour from the last Sunday in
October in each year until the last Sunday in the
following March, the elector is to place the word "yes"
30 in the space provided on the ballot paper; or
page 3
Daylight Saving Bill (No. 2) 2006
s. 6
(b) if the elector is not in favour of standard time in the
State being advanced one hour from the last Sunday in
October in each year until the last Sunday in the
following March, the elector is to place the word "no" in
5 the space provided on the ballot paper.
6. Summer time to be one hour in advance every year
Despite the Standard Time Act 2005, from the hour of 2 a.m. on
the last Sunday in October in each year until the hour of 2 a.m.
on the last Sunday in March of the following year, summer time
10 shall, throughout the State, be one hour in advance of standard
time and shall be observed accordingly.
7. Construction of expression of time in enactments, etc.
Despite anything contained in --
(a) any enactment; or
15 (b) any contract or agreement, whether made orally or in
writing; or
(c) any deed or other instrument of any kind,
in which any time or period of time is prescribed, specified, or
stipulated as the time at which, or the period of time for which
20 or during which, or any part of which the doing of any act,
matter, or thing is required, permitted or forbidden, that time,
period of time, or part of a period of time, as the case may be,
shall, with respect to any period during which summer time is
declared by this Act to be in advance of standard time, be held
25 to be, and shall be determined by reference to, summer time
unless the contrary is expressed, provided, or stipulated in that
enactment, contract, agreement, deed or instrument.
8. Act not to affect use of standard time for certain purposes
(1) Except as otherwise expressly provided in this Act, the
30 Standard Time Act 2005 is not affected by this Act.
page 4
Daylight Saving Bill (No. 2) 2006
s. 9
(2) Nothing in this Act affects the use of standard time for the
purposes of astronomy, meteorology, or navigation, or the
construction of any document mentioning or referring to a point
of time in connection with any of those purposes.
5 9. Regulations as to trading hours, etc.
(1) The Governor, on the recommendation of the Minister, may
make regulations declaring --
(a) the trading hours of any organization (however
described) whose hours of trade are regulated under the
10 Retail Trading Hours Act 1987; or
(b) the hours of work of any employee (however described)
whose hours of work are regulated under the Industrial
Relations Act 1979; or
(c) the trading hours of any person licensed under the
15 Liquor Licensing Act 1988; or
(d) the hours of operation of any school regulated under the
School Education Act 1999; or
(e) such other matters as are, in the opinion of the
Governor, necessary to be declared to moderate the
20 effect of summer time.
(2) Regulations made under subsection (1) in relation to trading
hours, hours of work or hours of operation must not --
(a) increase or decrease those hours; or
(b) declare those hours to commence or terminate more than
25 one hour after the time of commencement or termination
prescribed under the relevant written law.
(3) Regulations made under subsection (1) have effect --
(a) in such region or area; and
(b) during such period,
30 as is specified in the regulations, but have no effect outside the
period from the hour of 2 a.m. on the last Sunday in October in
page 5
Daylight Saving Bill (No. 2) 2006
s. 9
a year to the hour of 2 a.m. on the last Sunday in March of the
following year.
(4) Regulations made under subsection (1) have effect according to
their tenor despite any written law or other law, or any award or
5 agreement, or any order or ruling of any court, tribunal,
commission or body.
page 6
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