ELECTORAL AMENDMENT BILL 2001
This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AMENDMENT BILL 2001
Western Australia
Electoral Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Part IIA inserted 2
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Western Australia
LEGISLATIVE ASSEMBLY
Electoral Amendment Bill 2001
A Bill for
An Act to amend the Electoral Act 1907.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Electoral Amendment Act 2001.
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2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Electoral Act 1907*.
5 [* Reprinted as at 15 December 2000.
For subsequent amendments see Act No. 10 of 2001.]
4. Part IIA inserted
After Part II the following Part is inserted --
"
10 Part IIA -- Representation in Parliament
Division 1 -- Preliminary
16A. Definitions for this Part
In this Part --
"average district enrolment" means the total number
15 of electors in the State divided by 57;
"Commissioner" means an Electoral Distribution
Commissioner appointed by section 16B(1) and
includes a person appointed by or 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.
16B. Electoral Distribution Commissioners
25 (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
Australia who shall be chairman;
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(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
5 reason unable to act as a Commissioner, the Governor
may appoint another Judge of the Supreme Court to act
in the office of Commissioner and as chairman under
subsection (1)(a) during the vacancy, absence or
inability.
10 (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 Commissioner under
subsection (1)(b).
(4) If the office of the Government Statistician is vacant,
15 or the holder of that office is absent or is for any other
reason unable to act as a Commissioner, the Governor,
on the recommendation of the Premier, may appoint a
suitable person to act in the office of Commissioner
under subsection (1)(c) during the vacancy, absence or
20 inability.
(5) Before making a recommendation under subsection (4)
the Premier shall consult with the Parliamentary leader
of each party in the Parliament.
(6) The Commissioners shall meet as often as may be
25 necessary for carrying out their duties under this Part.
(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.
30 (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,
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which this subsection appropriates to the necessary
extent.
Division 2 -- Districts, regions and representation
16C. Electoral districts and representation
5 (1) The State shall be divided into 57 electoral districts.
(2) Each district will return one member to serve in the
Assembly.
16D. Electoral regions and representation
(1) The State shall be divided into 6 electoral regions.
10 (2) The electoral regions known, respectively, as the North
Metropolitan Region and the South West Region will
each return 7 members to serve in the Council.
(3) The electoral regions known, respectively, as the South
Metropolitan Region, the East Metropolitan Region,
15 the Agricultural Region and the Mining and Pastoral
Region will each return 5 members to serve in the
Council.
Division 3 -- Division of State into districts and regions
16E. Requirement for division into districts and regions
20 after this Part has effect
The State shall be divided into districts and regions in
accordance with this Part as soon as practicable after
the day on which section 4 of the Electoral Amendment
Act 2001 comes into operation.
25 16F. Division required after 2 successive elections
If the same division under this Part has applied in
respect of 2 successive general elections for the
Assembly, the State shall be divided into districts and
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regions in accordance with this Part as soon as
practicable after the day that is 2 years after polling day
for the second of those general elections.
16G. Division may be directed by proclamation
5 (1) The Governor may, by proclamation, direct that the
State be divided into districts and regions in
accordance with this Part as soon as practicable after
the day of the issue of the proclamation.
(2) A proclamation shall be made under subsection (1) if
10 both Houses of Parliament pass a resolution to that
effect.
16H. Meaning of "projection time"
A reference in this Part to the "projection time", in
relation to a division required or directed under this
15 Part, is a reference to the end of the period of 4 years
after the day specified in section 16E, 16F or 16G(1) as
the day as soon as practicable after which the division
is to be carried out.
16I. Commissioners' functions
20 (1) The Commissioners shall divide the State into districts
and regions in accordance with this Part whenever a
division of the State is required or directed under this
Part.
(2) For the purposes of carrying out their duty under
25 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
division of the State as required by
30 subsection (1) to be lodged with the
Commissioners within 30 days from the
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day of the publication of the notice in
the Gazette; and
(ii) invite written comments being
comments on the suggestions lodged
5 under subparagraph (i) to be lodged
with the Commissioners within 14 days
from the expiration of the period of
30 days referred to in that subparagraph;
(b) forthwith after the expiration of the period of
10 30 days referred to in paragraph (a)(i), cause
copies of the suggestions lodged with the
Commissioners under paragraph (a)(i) to be
made available for perusal at the office of the
Electoral Commissioner;
15 (c) consider all of the suggestions and comments
lodged with the Commissioners under
paragraph (a);
(d) within 42 days from the expiration of the period
of 14 days referred to in paragraph (a)(ii),
20 formulate proposals for the division of the State
in the manner required under subsection (1) and
the names proposed to be assigned to the
districts and publish in the Gazette and in a
newspaper circulating throughout the State --
25 (i) a map or maps setting out those
proposals; and
(ii) a statement of the Commissioners'
reasons for making those proposals;
(e) consider any objections in writing that may be
30 lodged with the Commissioners within 30 days
from the day of the publication of the map or
maps and statement in the Gazette under
paragraph (d); and
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(f) within 60 days from the expiration of the period
of 30 days referred to in paragraph (e), by
notice published in the Gazette, divide the State
in the manner required under subsection (1).
5 (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
subsection (2)(d).
(4) The notice mentioned in subsection (2)(f) shall set
10 out --
(a) the average district enrolment at the day
specified in section 16E, 16F or 16G(1) as the
day as soon as practicable after which the
division is to be carried out;
15 (b) the average district enrolment at the projection
time used for the purposes of dividing the State
into 57 districts;
(c) in respect of each of the 57 districts --
(i) the name assigned to the district;
20 (ii) the boundaries fixed for the district;
(iii) the number of electors within the
boundaries as so fixed; and
(iv) the number of square kilometres in the
area of the district;
25 and
(d) 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.
30 (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.
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16J. Basis for division of the State into districts
(1) The Commissioners shall divide the State into districts
in accordance with the principles that --
(a) if a district has an area of less than 100 000
5 square kilometres, the number of electors
comprised in the district at the projection time
must not be more than 10% greater, or more
than 10% less, than the average district
enrolment at the projection time; and
10 (b) if a district has an area of 100 000 square
kilometres or more, the sum of --
(i) the number of electors comprised in the
district at the projection time; and
(ii) the additional large district number,
15 must not be more than 10% greater, or more
than 20% less, than the average district
enrolment at the projection time.
(2) In subsection (1)(b) --
"additional large district number" means 0.5% of
20 the number of square kilometres in the area of the
district.
16K. Basis for division of the State into regions
The Commissioners shall divide the State into regions
so that --
25 (a) 3 contiguous regions, to be known,
respectively, as the North Metropolitan Region,
the South Metropolitan Region and the East
Metropolitan Region --
(i) each consist of complete and contiguous
30 districts; and
(ii) together form an area that is generally
coextensive with the metropolitan area
of Perth;
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(b) one region, to be known as the Mining and
Pastoral Region, consists of complete and
contiguous districts that together form an area
that is remote from Perth and in which the land
5 use is primarily for mining and pastoral purposes;
(c) one region, to be known as the Agricultural
Region, consists of complete and contiguous
districts that together form an area that is
generally south, or south and west, of and
10 adjacent to the Mining and Pastoral Region and
in which the land use is primarily for
agricultural purposes; and
(d) the remaining region, to be known as the South
West Region, consists of complete and
15 contiguous districts.
16L. Matters to be considered in dividing the State into
regions and districts
In making the division of the State into regions and
districts the Commissioners shall give due
20 consideration to --
(a) community of interest;
(b) means of communication and distance from the
capital;
(c) physical features;
25 (d) existing boundaries of regions and districts;
(e) existing local government boundaries; and
(f) the trend of demographic changes.
16M. Power of Commissioners to modify boundaries of
districts
30 In the exercise of the powers conferred on the
Commissioners by this Part, the boundaries of the
districts may be modified by the Commissioners by
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excising portions from them, or by adding other
portions to them and the districts may be designated
and redesignated.
16N. Effect of notice dividing the State into districts and
5 regions
On and by virtue of a notice being published in the
Gazette under section 16I(2)(f), the division of the
State by the Commissioners into districts and regions
as set out in that notice takes effect and has the force of
10 law and applies in respect of --
(a) elections in districts held after the date of the
publication of the notice other than elections
held before the first general election for the
Assembly held after that date; and
15 (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
Council held after that date,
unless and until a further division of the State into
20 districts and regions takes effect under this section.
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