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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 16A amended 2
5. Section 16B amended 2
284--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Electoral Amendment Bill 2008
A Bill for
An Act to amend the Electoral Act 1907.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment Bill 2008
s. 1
1. Short title
This is the Electoral Amendment Act 2008.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Electoral Act 1907.
10 4. Section 16A amended
Section 16A is amended by inserting in the appropriate
alphabetical position --
"
"person with judicial experience" means a person
15 who is or has been a judge of the Supreme Court
of Western Australia;
".
5. Section 16B amended
(1) Section 16B(1)(a) is deleted and the following is inserted
20 instead --
"
(a) one shall be a person with judicial experience,
appointed by the Governor on the
recommendation of the Premier, who shall be
25 chairman; and
".
page 2
Electoral Amendment Bill 2008
s. 5
(2) Section 16B(2) is repealed and the following subsection is
inserted instead --
"
(2) If the person appointed an Electoral Distribution
5 Commissioner under subsection (1)(a) 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 another
person with judicial experience to act in the office of
10 Electoral Distribution Commissioner and as chairman
during the absence or inability.
".
(3) After section 16B(4) the following subsection is inserted --
"
15 (4A) Before making a recommendation under
subsection (1)(a) or (2) that a judge of the Supreme
Court of Western Australia be appointed, the Premier
shall consult the Chief Justice of Western Australia.
".
20 (4) Section 16B(5) is amended by inserting after "subsection" --
" (1)(a), (2) or ".
(5) After section 16B(5) the following subsections are inserted --
"
(5A) A person appointed under subsection (1)(a) shall hold
25 office for such term, not exceeding 5 years, as is
specified in his or her instrument of appointment, and
is eligible for reappointment once.
(5B) The appointment of a person who is a judge of the
Supreme Court of Western Australia under
30 subsection (1)(a) or (2) does not affect the person's
tenure of office as, or status as, a judge of the Supreme
Court of Western Australia nor the payment of the
page 3
Electoral Amendment Bill 2008
s. 5
person's salary or allowances as a judge nor any other
rights or privileges of the person as a judge.
(5C) If a person appointed under subsection (1)(a) or (2) is
not a judge of the Supreme Court of Western Australia,
5 the person's conditions of service as an Electoral
Distribution Commissioner, including remuneration
and allowances, are to be determined by the Governor
from time to time.
(5D) Any remuneration and allowances paid to a person
10 under subsection (5C) do not affect any entitlements
the person may have under the Judges' Salaries and
Pensions Act 1950.
".
page 4
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