ELECTORAL AMENDMENT AND REPEAL ACT 2005 (NO. 1 OF 2005) - SECT 4
ELECTORAL AMENDMENT AND REPEAL ACT 2005 (NO. 1 OF 2005) - SECT 4
4 . Part IIA inserted
After Part II the
following Part is inserted —
“
Part IIA — Representation in Parliament
In this
Part —
"average district enrolment" has the meaning given
to that term in section 16G(1);
"Commissioners" means the Electoral Distribution
Commissioners appointed under section 16B including any person appointed
under section 16B(2), (3) or (4) to act in the office of an Electoral
Distribution Commissioner;
"Government Statistician" means the Government
Statistician appointed under the Statistics Act 1907 ;
"relevant day", in relation to a division of the
State into districts and regions in accordance with this Part, means the day
specified in section 16E(a) or (b) as the day as soon as practicable
after which the division is to be carried out.
16B. Electoral Distribution Commissioners
(1) For the purposes
of this Part there shall be 3 Electoral Distribution Commissioners of
whom —
(a) one
shall be the Chief Justice of Western Australia who shall be chairman;
(b) one
shall be the Electoral Commissioner; and
(c) one
shall be the Government Statistician.
(2) If the office of
Chief Justice of Western Australia is vacant, or the Chief Justice is absent
or is for any other reason unable to act as an Electoral Distribution
Commissioner, the Governor may appoint another Judge of the Supreme Court to
act in the office of Electoral Distribution Commissioner and as chairman under
subsection (1)(a) during the vacancy, absence or inability.
(3) A person acting in
the office of the Electoral Commissioner under section 5D or 5H(2) shall,
while so acting, act in the office of Electoral Distribution Commissioner
under subsection (1)(b).
(4) If the office of
the Government Statistician is vacant, or the holder of that office 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
a suitable person to act in the office of Electoral Distribution Commissioner
under subsection (1)(c) during the vacancy, absence or inability.
(5) Before making a
recommendation under subsection (4) the Premier shall consult with, and
seek the written views of, the parliamentary leader or representative of each
party and Independent members in the Parliament.
(6) The Commissioners
shall meet as often as may be necessary for carrying out their duties under
this Part.
(7) For the purposes
of this Part the Commissioners have the powers of a duly appointed Royal
Commission, and of a chairman of a Royal Commission, under the
Royal Commissions Act 1968 .
(8) The moneys
reasonably required for the purposes of the Commissioners shall be charged, on
the certificate of the Auditor General, to the Consolidated Fund, which this
subsection appropriates to the necessary extent.
Division 2 — Districts, regions and representation
16C. Electoral districts and representation
(1) The State shall be
divided into 57 electoral districts.
(2) Each district will
return one member to serve in the Assembly.
16D. Electoral regions and representation
(1) The State shall be
divided into 6 electoral regions.
(2) Each region will
return 6 members to serve in the Council.
Division 3 — Division of State into districts and regions
16E. Division required after each election
The State shall be
divided into districts and regions in accordance with this Part —
(a) as
soon as practicable after 26 February 2007; and
(b) as
soon as practicable after the day that is 2 years after polling day for
any subsequent general election for the Assembly.
16F. Commissioners’ functions
(1) The Commissioners
shall divide the State into districts and regions in accordance with this Part
whenever a division of the State is required under this Part.
(2) For the purposes
of carrying out their duty under subsection (1) the Commissioners
shall —
(a) by
notice published in the Gazette and in a newspaper circulating throughout the
State —
(i)
invite written suggestions relating to the division of
the State as required by subsection (1) to be lodged with the
Commissioners within 30 days from the day of the publication of the
notice in the Gazette ; and
(ii)
invite written comments being comments on the suggestions
lodged under subparagraph (i) to be lodged with the Commissioners within
14 days from the expiration of the period of 30 days referred to in
that subparagraph;
(b)
forthwith after the expiration of the period of 30 days referred to in
paragraph (a)(i), cause copies of the suggestions lodged with the
Commissioners under paragraph (a)(i) to be made available for perusal at
the office of the Electoral Commissioner;
(c)
consider all of the suggestions and comments lodged with the Commissioners
under paragraph (a);
(d)
within 42 days from the expiration of the period of 14 days referred
to in paragraph (a)(ii), formulate proposals for the division of the
State in the manner required under subsection (1) and the names proposed
to be assigned to the districts and publish in the Gazette and in a newspaper
circulating throughout the State —
(i)
a map or maps setting out those proposals; and
(ii)
a statement of the Commissioners’ reasons for
making those proposals;
(e)
consider any objections in writing that may be lodged with the Commissioners
within 30 days from the day of the publication of the map or maps and
statement in the Gazette under paragraph (d); and
(f) as
soon as practicable, but not more than 90 days after the expiration of
the period of 30 days referred to in paragraph (e), by notice
published in the Gazette , divide the State in the manner required under
subsection (1).
(3) Any additional
details and explanatory information that the Commissioners think appropriate
may be included on or published with the map or maps mentioned in
subsection (2)(d).
(4) The notice
mentioned in subsection (2)(f) shall set out —
(a) the
average district enrolment at the relevant day;
(b) in
respect of each of the 57 districts —
(i)
the name assigned to the district;
(ii)
the boundaries fixed for the district; and
(iii)
the number of electors within the boundaries as so fixed;
and
(c) the
districts included in each of the regions,
and shall include a
map or maps showing the boundaries of the districts and the boundaries of the
regions.
(5) Suggestions under
subsection (2)(a)(i), comments under subsection (2)(a)(ii) and
objections under subsection (2)(e) may be made by any person.
16G. Basis for division of the State into
districts
(1) For the purposes
of this section the Commissioners shall divide the number of electors by the
number of districts, and the result of that division
is referred to as the "average district enrolment".
(2) The Commissioners
shall divide the State into districts in accordance with the principle that,
for each district, the number of electors that the district would have
had at the relevant day must not be more than 10% greater, or more than 10%
less, than the average district enrolment at the relevant day.
(3) If a district has
an area of 100 000 square kilometres or more, subsection (2) does
not apply but the sum of —
(a) the
number of electors that the district would have had at the relevant day; and
(b) the
large district allowance,
must not be more than
10% greater, or more than 20% less, than the average district enrolment at the
relevant day.
(4) In
subsection (3) —
“large district allowance” means 1.5%
of the number of square kilometres in the area of the district.
16H. Basis for division of the State into regions
(1) The Commissioners
shall divide the State into regions so that those regions generally reflect
the recognised communities of interest and land use patterns in the State and
so that —
(a) 3
contiguous regions, to be known, respectively, as the North Metropolitan
Region (being a region that is generally to the north of the Swan River), the
South Metropolitan Region (being a region that is generally to the south of
the Swan River) and the East Metropolitan Region (being a region that includes
the hills and foothills of the Darling Escarpment) —
(i)
each consist of approximately the same number of complete
and contiguous districts; and
(ii)
together form an area that is generally coextensive with
the metropolitan area of Perth;
(b) one
region, to be known as the Mining and Pastoral Region, consists of complete
and contiguous districts that together form an area that is remote from Perth
and in which the land use is primarily for mining and pastoral purposes;
(c) one
region, to be known as the Agricultural Region, consists of complete and
contiguous districts that together form an area that is generally south, or
south and west, of and adjacent to the Mining and Pastoral Region and in which
the land use is primarily for agricultural purposes; and
(d) one
region, to be known as the South West Region (being a region that includes
coastal and forest areas in the south-west of the State), consists of complete
and contiguous districts.
(2) In
subsection (1) —
"metropolitan area of Perth" means the part of the
State that comprises —
(a) the
region that was, as at the relevant day, described in the Third Schedule to
the Metropolitan Region Town Planning Scheme Act 1959 ; and
(b)
Rottnest Island.
16I. Matters to be considered in dividing the
State into regions and districts
In making the division
of the State into regions and districts the Commissioners shall give due
consideration to —
(a)
community of interest;
(b) land
use patterns;
(c)
means of communication and distance from the capital;
(d)
physical features;
(e)
existing boundaries of regions and districts;
(f)
existing local government boundaries; and
(g) the
trend of demographic changes.
16J. Power of Commissioners to modify boundaries
of districts
In the exercise of the
powers conferred on the Commissioners by this Part, the boundaries of the
districts may be modified by the Commissioners by excising portions from them,
or by adding other portions to them and the districts may be designated and
redesignated.
16K. Effect of notice dividing the State into
districts and regions
On and by virtue of a
notice being published in the Gazette under section 16F(2)(f), the
division of the State by the Commissioners into districts and regions as set
out in that notice takes effect and has the force of law and applies in
respect of —
(a)
elections in districts held after the date of the publication of the notice
other than elections held before the first general election for the Assembly
held after that date; and
(b)
elections in regions held after the date of the publication of the notice
other than elections held before the first general election for the Council
held after that date,
unless and until a
further division of the State into districts and regions takes effect under
this section.
(1) In this
section —
“previous electoral distribution”
means the division of the State into districts and regions for the election of
members of the Assembly and the Council that was in effect on
26 February 2005.
(2) Despite the repeal
of the Electoral Distribution Act 1947 by section 8 of the
Electoral Amendment and Repeal Act 2005 , the previous electoral
distribution continues to apply in respect of —
(a)
elections in districts held before the first general election for the Assembly
held after the commencement of the Electoral Amendment and Repeal
Act 2005 ;
(b)
elections in regions held before the first general election for the Council
held after the commencement of the Electoral Amendment and Repeal
Act 2005 ; and
(c) the
representation of electoral districts and electoral regions by members of the
Assembly and the Council elected —
(i)
before the commencement of the Electoral Amendment and
Repeal Act 2005 ;
(ii)
at elections referred to in paragraphs (a) and (b);
or
(iii)
under sections 156C and 156D before 22 May next
following the first general election for the Council held after the
commencement of the Electoral Amendment and Repeal Act 2005 .
16M. Absolute majorities required for Bills
affecting one vote one value principle
(1) A Bill that
repeals or alters any of the provisions of this Part, other than
Division 2, section 16G(3) or (4) or section 16L, shall not be
presented for assent by or in the name of the Queen unless 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
Council and the Assembly, respectively.
(2) A Bill assented to
consequent upon its presentation in contravention of subsection (1) shall
be of no effect as an Act.
”.