Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (2) and (8), this section applies to a person
who —
(a)
holds an office or place in the service of the Crown in right of the
Commonwealth or another State of the Commonwealth or in the service of the
government of, or any department or agency of the government of, the
Commonwealth or a Territory or another State of the Commonwealth; or
(b)
holds an office as a member of any commission, council, board, committee,
authority, trust or other body, and was appointed as such a member by the
Crown in right of the Commonwealth or another State of the Commonwealth, or by
the government of, or any department or agency of the government of, the
Commonwealth or a Territory or another State of the Commonwealth.
(2) Subject to
subsection (4), the Governor may, by Order in Council, exempt any office
or place from the operation of this section and whilst that office or
place remains so exempted this section shall not apply to a person by
reason of his holding that office or place.
(3) Subject to
subsection (4), the Governor may, by subsequent Order in Council, amend
an Order made under subsection (2) or revoke the Order either absolutely
or for the purpose of substituting another Order.
(4) An Order in
Council shall be made under this section if and only if the making of the
Order has been recommended by resolution passed by both Houses of the
Legislature.
(5) Subject to
subsection (6), an Order in Council made under this section shall
take and have effect on and from the day on which it is published in the
Government Gazette .
(6) Where, by reason
of an Order in Council made under subsection (3), an office or place
previously exempted from the operation of this section will no longer be
so exempted, that Order shall take and have effect at and from the expiration
of 30 days from the day on which it is published in the Government
Gazette .
(7) The Clerk of the
Parliaments shall keep in his custody a copy of every Order in Council made
under this section.
(8) This
section does not apply to a person by reason of his being a member of the
Citizen Forces or the Reserve Forces within the meaning of the Defence
Act 1903 of the Parliament of the Commonwealth.
(9) If any person to
whom this section applies is elected as a member of the Legislative
Council at a general election, his seat shall become vacant on 22 May
next following the election if he has not, before that date, resigned from or
otherwise ceased to hold the office or place by reason of which this
section applies to him.
(10) If any person to
whom this section applies is elected as a member of the Legislature
otherwise than as referred to in subsection (9) —
(a) he
shall not take the oath, or make the affirmation, pursuant to section 22
of the Constitution Act 1889 until he has resigned from or otherwise
ceased to hold the office or place by reason of which this
section applies to him; and
(b) his
seat shall become vacant at the expiration of 21 days after the date on
which he is declared to be elected if he has not, before the expiration of
that period, resigned from or otherwise ceased to hold the office or place by
reason of which this section applies to him.
[Section 36 inserted by No. 78 of 1984
s. 10.]