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Constitution (Parliamentary Terms) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 states that the purpose of the Bill is to provide for full 4 year
Parliamentary terms to be served except in certain exceptional
circumstances.
Clause 2 provides for the Bill (except clause 7) to come into operation on
the day of the first meeting of the Legislative Assembly elected at
the next general election. The Bill, therefore, will have no effect
on the duration of the current Legislative Assembly. Clause 7
will come into operation on a later date to the rest of the Bill if
the proposed Electoral Act 2002 has not by then come into
operation.
Clause 3 enables the Constitution Act 1975 to be referred to throughout
the Bill as the Principal Act.
Clause 4 repeals section 8(3)(a) of the Principal Act thus removing the
capacity of the Governor to dissolve the Assembly at any time
after 3 years since it first met after a general election. It will still
be possible for the Governor under section 8 of the Principal Act
to dissolve the Assembly before its full 4 year term is completed
if--
· the Council rejects, or fails to pass within 2 months, a
Bill of special importance;
· the Council rejects, or fails to pass within one month, an
Appropriation Bill;
· the Assembly passes a resolution expressing a lack of
confidence in the Premier and the other Ministers.
Clause 5 substitutes a new section 38 in the Principal Act. Under the new
section 38, unless the Assembly is dissolved early under section 8
of the Principal Act, it will expire on the fifth Saturday before the
closest Saturday to the fourth anniversary of the previous general
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election. This enables the timelines set out in The Constitution
Act Amendment Act 1958 for the issue of writs, close of rolls,
nominations and election day to be met. Under that Act--
· a writ for a general election must be issued within
7 days after the expiration of the Assembly;
· rolls close 3 days after the date of the writ;
· the date named for the nomination of candidates must
be not less than 10 days, nor more than 28 days, after
the date of the writ;
· the date named for polling must be a Saturday that is not
less than 15 days, nor more than 30 days, after the date
of nomination.
Clause 6 inserts a new section 38A in the Principal Act. The new
section 38A will ensure that a general election following the
expiry of the Assembly will be held on the closest Saturday to
the fourth anniversary of the previous general election.
However, election day may be delayed by up to 3 weeks--
· to avoid election day following on a public holiday or
the day after a public holiday;
· to avoid a general election being held on the same day
as a federal election;
· if other exceptional circumstances exist e.g. State-wide
fires or flooding or an outbreak of an epidemic disease
among human beings or animals.
Such a delay would not prevent the timelines under The
Constitution Act Amendment Act 1958 being met.
If the Assembly is dissolved early under section 8 of the Principal
Act, then the election will be held within the normal timelines
following the dissolution of the Assembly as set out in The
Constitution Act Amendment Act 1958.
Clause 7 makes amendments to the new provisions being inserted in the
Constitution Act 1975 by this Bill consequential on the passing
of, and the changes of terminology being introduced by, the
proposed Electoral Act 2002.
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