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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment and Repeal Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment of Electoral
Act 1907
3. The Act amended 3
4. Part IIA inserted 3
5. Section 24 amended 13
6. Section 51 amended 13
Part 3 -- Amendment or repeal of other
Acts
7. Constitution Acts Amendment Act 1899 amended 14
8. Electoral Distribution Act 1947 repealed 14
9. Juries Act 1957 amended 14
10. Salaries and Allowances Act 1975 amended 15
033--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Electoral Amendment and Repeal Bill 2005
A Bill for
An Act to --
· amend the Electoral Act 1907 and the Constitution Acts
Amendment Act 1899;
· repeal the Electoral Distribution Act 1947; and
· make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment and Repeal Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Electoral Amendment and Repeal Act 2005.
2. Commencement
5 This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 3
Part 2 -- Amendment of Electoral Act 1907
3. The Act amended
The amendments in this Part are to the Electoral Act 1907*.
[* Reprinted as at 15 December 2000.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 136-7.]
4. Part IIA inserted
After Part II the following Part is inserted --
"
10 Part IIA -- Representation in Parliament
Division 1 -- Preliminary
16A. Terms used in this Part
In this Part --
"average district enrolment" has the meaning given
15 to that term in section 16G(1);
"Commissioners" means the Electoral Distribution
Commissioners appointed under section 16B
including any person appointed under
section 16B(2), (3) or (4) to act in the office of an
20 Electoral Distribution Commissioner;
"Government Statistician" means the Government
Statistician appointed under the Statistics
Act 1907;
"relevant day", in relation to a division of the State
25 into districts and regions in accordance with this
Part, means the day specified in section 16E(a)
or (b) as the day as soon as practicable after which
the division is to be carried out.
page 3
Electoral Amendment and Repeal Bill 2005
Part 2 Amendment of Electoral Act 1907
s. 4
16B. Electoral Distribution Commissioners
(1) For the purposes of this Part there shall be 3 Electoral
Distribution Commissioners of whom --
(a) one shall be the Chief Justice of Western
5 Australia who shall be chairman;
(b) one shall be the Electoral Commissioner; and
(c) one shall be the Government Statistician.
(2) If the office of Chief Justice of Western Australia is
vacant, or the Chief Justice is absent or is for any other
10 reason unable to act as an Electoral Distribution
Commissioner, the Governor may appoint another
Judge of the Supreme Court to act in the office of
Electoral Distribution Commissioner and as chairman
under subsection (1)(a) during the vacancy, absence or
15 inability.
(3) A person acting in the office of the Electoral
Commissioner under section 5D or 5H(2) shall, while
so acting, act in the office of Electoral Distribution
Commissioner under subsection (1)(b).
20 (4) If the office of the Government Statistician is vacant,
or the holder of that office is absent or is for any other
reason unable to act as an Electoral Distribution
Commissioner, the Governor, on the recommendation
of the Premier, may appoint a suitable person to act in
25 the office of Electoral Distribution Commissioner
under subsection (1)(c) during the vacancy, absence or
inability.
(5) Before making a recommendation under subsection (4)
the Premier shall consult with, and seek the written
30 views of, the parliamentary leader or representative of
each party and Independent members in the Parliament.
(6) The Commissioners shall meet as often as may be
necessary for carrying out their duties under this Part.
page 4
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 4
(7) For the purposes of this Part the Commissioners have
the powers of a duly appointed Royal Commission, and
of a chairman of a Royal Commission, under the Royal
Commissions Act 1968.
5 (8) The moneys reasonably required for the purposes of
the Commissioners shall be charged, on the certificate
of the Auditor General, to the Consolidated Fund,
which this subsection appropriates to the necessary
extent.
10 Division 2 -- Districts, regions and representation
16C. Electoral districts and representation
(1) The State shall be divided into 57 electoral districts.
(2) Each district will return one member to serve in the
Assembly.
15 16D. Electoral regions and representation
(1) The State shall be divided into 6 electoral regions.
(2) Each region will return 6 members to serve in the
Council.
Division 3 -- Division of State into districts and regions
20 16E. Division required after each election
The State shall be divided into districts and regions in
accordance with this Part --
(a) as soon as practicable after 26 February 2007;
and
25 (b) as soon as practicable after the day that is
2 years after polling day for any subsequent
general election for the Assembly.
page 5
Electoral Amendment and Repeal Bill 2005
Part 2 Amendment of Electoral Act 1907
s. 4
16F. Commissioners' functions
(1) The Commissioners shall divide the State into districts
and regions in accordance with this Part whenever a
division of the State is required under this Part.
5 (2) For the purposes of carrying out their duty under
subsection (1) the Commissioners shall --
(a) by notice published in the Gazette and in a
newspaper circulating throughout the State --
(i) invite written suggestions relating to the
10 division of the State as required by
subsection (1) to be lodged with the
Commissioners within 30 days from the
day of the publication of the notice in
the Gazette; and
15 (ii) invite written comments being
comments on the suggestions lodged
under subparagraph (i) to be lodged
with the Commissioners within 14 days
from the expiration of the period of
20 30 days referred to in that subparagraph;
(b) forthwith after the expiration of the period of
30 days referred to in paragraph (a)(i), cause
copies of the suggestions lodged with the
Commissioners under paragraph (a)(i) to be
25 made available for perusal at the office of the
Electoral Commissioner;
(c) consider all of the suggestions and comments
lodged with the Commissioners under
paragraph (a);
30 (d) within 42 days from the expiration of the period
of 14 days referred to in paragraph (a)(ii),
formulate proposals for the division of the State
in the manner required under subsection (1) and
the names proposed to be assigned to the
page 6
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 4
districts and publish in the Gazette and in a
newspaper circulating throughout the State --
(i) a map or maps setting out those
proposals; and
5 (ii) a statement of the Commissioners'
reasons for making those proposals;
(e) consider any objections in writing that may be
lodged with the Commissioners within 30 days
from the day of the publication of the map or
10 maps and statement in the Gazette under
paragraph (d); and
(f) as soon as practicable, but not more than
90 days after the expiration of the period of
30 days referred to in paragraph (e), by notice
15 published in the Gazette, divide the State in the
manner required under subsection (1).
(3) Any additional details and explanatory information that
the Commissioners think appropriate may be included
on or published with the map or maps mentioned in
20 subsection (2)(d).
(4) The notice mentioned in subsection (2)(f) shall set
out --
(a) the average district enrolment at the relevant
day;
25 (b) in respect of each of the 57 districts --
(i) the name assigned to the district;
(ii) the boundaries fixed for the district; and
(iii) the number of electors within the
boundaries as so fixed;
30 and
(c) the districts included in each of the regions,
and shall include a map or maps showing the
boundaries of the districts and the boundaries of the
regions.
page 7
Electoral Amendment and Repeal Bill 2005
Part 2 Amendment of Electoral Act 1907
s. 4
(5) Suggestions under subsection (2)(a)(i), comments
under subsection (2)(a)(ii) and objections under
subsection (2)(e) may be made by any person.
16G. Basis for division of the State into districts
5 (1) For the purposes of this section the Commissioners
shall divide the number of electors by the number of
districts, and the result of that division is referred to as
the "average district enrolment".
(2) The Commissioners shall divide the State into districts
10 in accordance with the principle that, for each district,
the number of electors that the district would have had
at the relevant day must not be more than 10% greater,
or more than 10% less, than the average district
enrolment at the relevant day.
15 (3) If a district has an area of 100 000 square kilometres or
more, subsection (2) does not apply but the sum of --
(a) the number of electors that the district would
have had at the relevant day; and
(b) the large district allowance,
20 must not be more than 10% greater, or more than 20%
less, than the average district enrolment at the relevant
day.
(4) In subection (3) --
"large district allowance" means 1.5% of the number
25 of square kilometres in the area of the district.
16H. Basis for division of the State into regions
(1) The Commissioners shall divide the State into regions
so that those regions generally reflect the recognised
communities of interest and land use patterns in the
30 State and so that --
(a) 3 contiguous regions, to be known,
respectively, as the North Metropolitan Region
(being a region that is generally to the north of
page 8
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 4
the Swan River), the South Metropolitan
Region (being a region that is generally to the
south of the Swan River) and the East
Metropolitan Region (being a region that
5 includes the hills and foothills of the Darling
Escarpment) --
(i) each consist of approximately the same
number of complete and contiguous
districts; and
10 (ii) together form an area that is generally
coextensive with the metropolitan area
of Perth;
(b) one region, to be known as the Mining and
Pastoral Region, consists of complete and
15 contiguous districts that together form an area
that is remote from Perth and in which the land
use is primarily for mining and pastoral purposes;
(c) one region, to be known as the Agricultural
Region, consists of complete and contiguous
20 districts that together form an area that is
generally south, or south and west, of and
adjacent to the Mining and Pastoral Region and
in which the land use is primarily for
agricultural purposes; and
25 (d) one region, to be known as the South West
Region (being a region that includes coastal and
forest areas in the south-west of the State),
consists of complete and contiguous districts.
page 9
Electoral Amendment and Repeal Bill 2005
Part 2 Amendment of Electoral Act 1907
s. 4
(2) In subsection (1) --
"metropolitan area of Perth" means the part of the
State that comprises --
(a) the region that was, as at the relevant day,
5 described in the Third Schedule to the
Metropolitan Region Town Planning Scheme
Act 1959; and
(b) Rottnest Island.
16I. Matters to be considered in dividing the State into
10 regions and districts
In making the division of the State into regions and
districts the Commissioners shall give due
consideration to --
(a) community of interest;
15 (b) land use patterns;
(c) means of communication and distance from the
capital;
(d) physical features;
(e) existing boundaries of regions and districts;
20 (f) existing local government boundaries; and
(g) the trend of demographic changes.
16J. Power of Commissioners to modify boundaries of
districts
In the exercise of the powers conferred on the
25 Commissioners by this Part, the boundaries of the
districts may be modified by the Commissioners by
excising portions from them, or by adding other
portions to them and the districts may be designated
and redesignated.
page 10
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 4
16K. Effect of notice dividing the State into districts and
regions
On and by virtue of a notice being published in the
Gazette under section 16F(2)(f), the division of the
5 State by the Commissioners into districts and regions
as set out in that notice takes effect and has the force of
law and applies in respect of --
(a) elections in districts held after the date of the
publication of the notice other than elections
10 held before the first general election for the
Assembly held after that date; and
(b) elections in regions held after the date of the
publication of the notice other than elections
held before the first general election for the
15 Council held after that date,
unless and until a further division of the State into
districts and regions takes effect under this section.
16L. Transitional provisions
(1) In this section --
20 "previous electoral distribution" means the division
of the State into districts and regions for the
election of members of the Assembly and the
Council that was in effect on 26 February 2005.
(2) Despite the repeal of the Electoral Distribution
25 Act 1947 by section 8 of the Electoral Amendment and
Repeal Act 2005, the previous electoral distribution
continues to apply in respect of --
(a) elections in districts held before the first
general election for the Assembly held after the
30 commencement of the Electoral Amendment
and Repeal Act 2005;
(b) elections in regions held before the first general
election for the Council held after the
page 11
Electoral Amendment and Repeal Bill 2005
Part 2 Amendment of Electoral Act 1907
s. 4
commencement of the Electoral Amendment
and Repeal Act 2005; and
(c) the representation of electoral districts and
electoral regions by members of the Assembly
5 and the Council elected --
(i) before the commencement of the
Electoral Amendment and Repeal
Act 2005;
(ii) at elections referred to in paragraphs (a)
10 and (b); or
(iii) under sections 156C and 156D before
22 May next following the first general
election for the Council held after the
commencement of the Electoral
15 Amendment and Repeal Act 2005.
16M. Absolute majorities required for Bills affecting one
vote one value principle
(1) A Bill that repeals or alters any of the provisions of this
Part, other than Division 2, section 16G(3) or (4) or
20 section 16L,
shall not be presented for assent by or in the name of
the Queen unless the second and third readings of the
Bill shall have been passed with the concurrence of an
absolute majority of the whole number of the members
25 for the time being of the Council and the Assembly,
respectively.
(3) A Bill assented to consequent upon its presentation in
contravention of subsection (2) shall be of no effect as
an Act.
30 ".
page 12
Electoral Amendment and Repeal Bill 2005
Amendment of Electoral Act 1907 Part 2
s. 5
5. Section 24 amended
Section 24(3) is amended by deleting "under section 3(2)(f) of
the Electoral Distribution Act 1947".
6. Section 51 amended
5 Section 51(2) is amended by deleting "under the Electoral
Distribution Act 1947".
page 13
Electoral Amendment and Repeal Bill 2005
Part 3 Amendment or repeal of other Acts
s. 7
Part 3 -- Amendment or repeal of other Acts
7. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprint 12 as at 3 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 88-9.]
(2) Section 5 is amended as follows:
(a) by deleting "34" and inserting instead --
10 " 36 ";
(b) by deleting "as defined under section 6".
(3) Section 6 is repealed.
(4) Sections 18 and 19 are repealed and the following section is
inserted instead --
15 "
18. Constitution of Legislative Assembly
The Legislative Assembly shall consist of 57 elected
members who shall be returned and sit for electoral
districts.
20 ".
8. Electoral Distribution Act 1947 repealed
The Electoral Distribution Act 1947 is repealed.
9. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
25 [* Reprinted as at 3 July 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 232.]
page 14
Electoral Amendment and Repeal Bill 2005
Amendment or repeal of other Acts Part 3
s. 10.
(2) Section 11(1) is amended by deleting "the Electoral
Distribution Act 1947, or any other" and inserting instead --
" any ".
10. Salaries and Allowances Act 1975 amended
5 (1) The amendments in this section are to the Salaries and
Allowances Act 1975*.
[* Reprinted as at 8 September 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 403.]
10 (2) Section 6(6) is amended by deleting "action taken under the
Electoral Distribution Act 1947" and inserting instead --
"
a subsequent division of the State into electoral
districts and electoral regions
15 ".
page 15
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