Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
succeeding provisions of this section, the Legislature of the Colony shall
have full power and authority, from time to time, by any Act, to repeal or
alter any of the provisions of this Act. Provided always, that it shall not be
lawful to present to the Governor for Her Majesty’s assent any Bill
by which any change in the Constitution of the Legislative Council or of the
Legislative Assembly shall be effected, unless the second and third readings
of such Bill shall have been passed with the concurrence of an absolute
majority of the whole number of the members for the time being of the
Legislative Council and the Legislative Assembly respectively. Provided also,
that every Bill which shall be so passed for the election of a Legislative
Council at any date earlier than by Part III provided, and every Bill
which shall interfere with the operation of sections 69, 70, 71, or 72,
or of Schedules B, C, or D, or of this section, shall be reserved by the
Governor for the signification of Her Majesty’s pleasure thereon 10, 11
.
(2) A Bill
that —
(a)
expressly or impliedly provides for the abolition of or alteration in the
office of Governor; or
(b)
expressly or impliedly provides for the abolition of the Legislative Council
or of the Legislative Assembly; or
(c)
expressly or impliedly provides that the Legislative Council or the
Legislative Assembly shall be composed of members other than members chosen
directly by the people; or
(d)
expressly or impliedly provides for a reduction in the numbers of the members
of the Legislative Council or of the Legislative Assembly; or
(e)
expressly or impliedly in any way affects any of the following sections of
this Act, namely —
shall not be presented
for assent by or in the name of the Queen unless —
(f) 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 for the
time being of the Legislative Council and the Legislative Assembly,
respectively; and
(g) the
Bill has also prior to such presentation been approved by the electors in
accordance with this section,
and a Bill assented to
consequent upon its presentation in contravention of this
subsection shall be of no effect as an Act.
(3) On a day fixed by
the Governor by Order in Council, being a day not sooner than 2 months,
and not later than 6 months, after the passage through the Legislative
Council and the Legislative Assembly of a Bill of a kind referred to in
subsection (2), the question for the approval or otherwise of the Bill
shall be submitted to the electors qualified to vote for the election of
members of the Legislative Assembly according to the provisions of the
Electoral Act 1907 .
(4) When the Bill is
submitted to the electors the vote shall be taken in such manner as is fixed
by law.
(5) If a majority of
the electors voting approve the Bill, it shall be presented to the Governor
for assent by or in the name of the Queen.
(6) Any person
entitled to vote at a general election of members of the Legislative Assembly
is entitled to bring proceedings in the Supreme Court for a declaration,
injunction or other remedy to enforce the provisions of this
section either before or after a Bill of a kind referred to in
subsection (2) is presented for assent by or in the name of the Queen.
[Section 73 amended by No. 59 of 1978
s. 6.]