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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Referendums (Implementation of Result)
Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the
Referendums Act 1983
3. The Act amended 3
4. Part VA inserted 3
Part VA -- Implementation of result
32A. Referendum result binding 3
32B. Duty of Premier following a referendum 3
32C. Overturning result of referendum 4
39--1 page i
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Anthony Fels MLC)
Referendums (Implementation of Result)
Amendment Bill 2009
A Bill for
An Act to amend the Referendums Act 1983 to provide for the
compulsory introduction of legislation and policies designed to
implement the result of a referendum.
The Parliament of Western Australia enacts as follows:
page 1
Referendums (Implementation of Result) Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This Act may be cited as the Referendums (Implementation of
4 Result) Amendment Act 2009.
5 2. Commencement
6 This Act shall come into force on a day fixed by proclamation.
page 2
Referendums (Implementation of Result) Amendment Bill 2009
Amendments to the Referendums Act 1983 Part 2
s. 3
1 Part 2 -- Amendments to the Referendums Act 1983
2 3. The Act amended
3 The amendments in this part are to the Referendums Act 1983.
4 4. Part VA inserted
5 After Part V the following is inserted --
6 Part VA -- Implementation of result
7 32A. Referendum result binding
8 If, in each Legislative Council region, a majority of
9 votes are marked in a particular authorized manner
10 then that result is binding on the Government.
11 32B. Duty of Premier following a referendum
12 (1) Subject to subsection (2), where the result of a
13 referendum is binding on the Government, the Premier
14 shall take such steps as in the opinion of the Premier
15 are necessary and appropriate to implement the result
16 of the referendum, including:
17 (a) to change programs or policies or introduce
18 new programs or policies which are
19 administered by or through the executive; and
20 (b) to introduce legislation in the Legislative
21 Assembly during the first parliamentary session
22 following the return of the writ.
23 (2) The Premier is not required to introduce legislation
24 under subsection (1)(b) above if the Premier is of the
25 opinion that the result of the referendum is
26 substantially reflected in existing legislation.
page 3
Referendums (Implementation of Result) Amendment Bill 2009
Part 2 Amendments to the Referendums Act 1983
s. 4
1 32C. Overturning result of referendum
2 Where the result of a referendum is binding upon the
3 Government it remains binding unless an inconsistent
4 binding result is obtained in a subsequent referendum.
5
6
page 4
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