Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This
section applies to any case where a person has, or it is alleged that a
person has, at any time (in this section called the material time )
become the holder of an office or place —
(a)
specified in Part 1 or 2 of Schedule V; or
(b) as a
member of any commission, council, board, committee, authority, trust or other
body specified in Part 3 of Schedule V; or
(c)
referred to in section 36(1),
and, at the material
time, that person was a member of the Legislature.
(2) If, in a case to
which this section applies, it appears to the Legislature that the person
concerned has, since the material time, resigned from or otherwise ceased to
hold the office or place in question, and that it is otherwise proper so to
do, the Legislature may, by resolution passed by both Houses, direct that his
becoming the holder of that office or place at the material time shall be
disregarded for the purposes of section 38 and the resolution shall have
effect according to its tenor.
(3) A resolution may
be made under subsection (2), and a resolution made under that
subsection shall have effect, notwithstanding that proceedings may have
been commenced in the Supreme Court under section 41 and notwithstanding
any declaration made by the Supreme Court under that section.
(4) The provisions of
sections 67(2) and (3) and 156B(2) and (3) of the Electoral Act 1907
do not apply to or in relation to any vacancy occurring by operation of
section 38 in a case to which this section applies.
[Section 39 inserted by No. 78 of 1984
s. 12; amended by No. 40 of 1987 s. 13.]
[ 39A-39C. Deleted by No. 78 of 1984
s. 12.]