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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Act Amendment (Fixed Terms) Bill
2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments about fixed
election dates
Division 1 -- Electoral Act 1907 amended
3. The Act amended 3
4. Section 4 amended 3
5. Section 64 replaced 4
6. Section 70 amended 4
7. Section 71 amended 5
8. Section 72 amended 5
9. Section 76 amended 5
10. Section 156E amended 6
Division 2 -- Constitution Acts Amendment Act
1899 amended
11. The Act amended 6
12. Section 8 amended and transitional provisions 6
13. Section 10 amended 8
14. Section 21 amended 8
15. Section 36 amended 9
Division 3 -- Salaries and Allowances Act 1975
amended
16. The Act amended 9
17. Section 6 amended 9
348--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr L. Graham MLA)
Electoral Act Amendment (Fixed Terms) Bill
2004
A Bill for
An Act to make amendments to the Electoral Act 1907, the
Constitution Acts Amendment Act 1899 and the Salaries and
Allowances Act 1975 in relation to the dates for general elections.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Act Amendment (Fixed Terms) Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electoral Act Amendment (Fixed
Terms) Act 2004.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Electoral Act Amendment (Fixed Terms) Bill 2004
Amendments about fixed election dates Part 2
Electoral Act 1907 amended Division 1
s. 3
Part 2 -- Amendments about fixed election dates
Division 1 -- Electoral Act 1907 amended
3. The Act amended
The amendments in this Division are to the Electoral Act 1907.
5 4. Section 4 amended
(1) Section 4(1) is amended in the definition of "general election"
as follows --
(a) in paragraph (a) by deleting "64(1)" and inserting
instead --
10 " 64(2) or (3) ";
(b) in paragraph (b) by deleting "64(2)" and inserting
instead --
" 64(4) ".
(2) Section 4(1) is amended by inserting in the appropriate
15 alphabetical positions the following definitions --
"
"election year", in relation to a periodic election, means
the year in which the writ for the periodic election
is issued;
20 "periodic election" means --
(a) a general election for the Assembly the writ
for which is issued under section 64(3); or
(b) any general election for the Council;
".
page 3
Electoral Act Amendment (Fixed Terms) Bill 2004
Part 2 Amendments about fixed election dates
Division 1 Electoral Act 1907 amended
s. 5
5. Section 64 replaced
Section 64 is repealed and the following section is inserted
instead --
"
5 64. Issue of writs for general election
(1) In this section --
"expiry year" of an Assembly means the year in which
that Assembly, if it is not previously dissolved,
will expire by effluxion of time.
10 (2) If an Assembly is dissolved before 1 November last
preceding its expiry year, the Governor shall cause a
writ for elections in all the districts to be issued not
later than 10 days after the dissolution.
(3) If an Assembly is not dissolved before 1 November last
15 preceding its expiry year, the Governor shall cause a
writ for elections in all the districts to be issued on the
third Wednesday of January in the expiry year.
(4) In order to fill seats in the Council that are to be
vacated by effluxion of time at the end of 21 March in
20 a year, the Governor shall cause a writ for elections in
all the regions to be issued on the third Wednesday of
January last preceding that 21 March.
".
6. Section 70 amended
25 (1) Section 70 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 70 the following subsection is inserted --
"
(2) In the case of a periodic election the date fixed as the
30 last day for the nomination of candidates shall be the
second Friday following the date of the writ.
".
page 4
Electoral Act Amendment (Fixed Terms) Bill 2004
Amendments about fixed election dates Part 2
Electoral Act 1907 amended Division 1
s. 7
7. Section 71 amended
After section 71(3) the following subsections are inserted --
"
(4) In the case of a periodic election the date fixed for the
5 polling shall be the third Saturday of February in the
election year.
(5) If the third Saturday of February in an election year is
an excluded day, the date fixed for the polling shall be
the fourth Saturday of February in the election year.
10 (6) In subsection (5) --
"excluded day" means a day appointed as polling day
for an election of the Senate or a general election
of the House of Representatives or as the voting
day for a referendum as defined in section 3 of the
15 Referendum (Machinery Provisions) Act 1984 of
the Commonwealth.
".
8. Section 72 amended
After section 72(1) the following subsection is inserted --
20 "
(2) In the case of a periodic election the date fixed as the
last day for the return of the writ shall not be later than
21 March after polling day.
".
25 9. Section 76 amended
Section 76(3) is amended by deleting "the time prescribed by
the Constitution Acts Amendment Act 1899." and inserting
instead --
" 21 March after polling day. ".
page 5
Electoral Act Amendment (Fixed Terms) Bill 2004
Part 2 Amendments about fixed election dates
Division 2 Constitution Acts Amendment Act 1899 amended
s. 10
10. Section 156E amended
Section 156E(2) is repealed and the following subsections are
inserted instead --
"
5 (2) A writ shall not be issued under subsection (1) on or
after 1 November last preceding the expiry year and, in
that case, the vacancy is taken for the purposes of
section 64(4) and section 10 of the Constitution Acts
Amendment Act 1899 to occur by effluxion of time at
10 the end of 21 March in the expiry year.
(3) In subsection (2) --
"expiry year" means the year in which the term of
service of the member whose seat has been
vacated would have expired.
15 ".
Division 2 -- Constitution Acts Amendment Act 1899 amended
11. The Act amended
The amendments in this Division are to the Constitution Acts
Amendment Act 1899.
20 12. Section 8 amended and transitional provisions
(1) Section 8(2) and (3) are each amended by deleting "May" and
inserting instead --
" March ".
(2) Section 8(4) is repealed and the following subsection is inserted
25 instead --
"
(4) Where an election held as part of a general election
fails wholly or partially or is declared to be absolutely
void, the seat of a member elected at an election held
30 by reason of that failure or declaration shall become
page 6
Electoral Act Amendment (Fixed Terms) Bill 2004
Amendments about fixed election dates Part 2
Constitution Acts Amendment Act 1899 amended Division 2
s. 12
vacant at the expiration of the period of 4 years
beginning on 22 March next following that general
election.
".
5 (3) Section 8(5) is amended by deleting "(4)(a)" and inserting
instead --
" (4) ".
(4) Section 8(6) is repealed.
(5) If a person who is a member of the Legislative Council on
10 21 March 2005 is no longer a member on 22 March 2005, the
Salaries and Allowances Act 1975 and parliamentary
superannuation arrangements continue to apply in relation to
that person in the same way as they would have if --
(a) 21 May 2005 had continued to be the day at the end of
15 which the person's seat became vacant by effluxion of
time; and
(b) the person had continued during the subtracted period to
hold any higher office that the person held on 21 March
2005.
20 (6) In subsection (5) --
"higher office" means the office of --
(a) President of the Legislative Council; or
(b) Chairman or Deputy Chairman of Committees in the
Legislative Council;
25 "parliamentary superannuation arrangements" means
contribution, entitlement and other superannuation
arrangements in respect of --
(a) a person by or for whom contributions are being
made as at 21 March 2005 to the scheme as defined
30 in section 5 of the Parliamentary Superannuation Act
1970; or
page 7
Electoral Act Amendment (Fixed Terms) Bill 2004
Part 2 Amendments about fixed election dates
Division 2 Constitution Acts Amendment Act 1899 amended
s. 13
(b) a person for whom contributions are being made as at
21 March 2005 under section 29 of the Parliamentary
Superannuation Act 1970;
"subtracted period" means the period --
5 (a) beginning on 22 March 2005; and
(b) ending on 21 May 2005 or, if the person dies before
then, on death.
13. Section 10 amended
Section 10(3)(b) is amended by deleting "May" and inserting
10 instead --
" March ".
14. Section 21 amended
(1) Section 21(1) is amended as follows:
(a) by inserting before "Provided" the subsection
15 designation "(2)";
(b) by deleting paragraphs (a) and (b) and "and" after
paragraph (a) and inserting instead --
"
(a) whenever any Legislative Assembly would
20 expire by effluxion of time on or after
1 September of any year but before the third
Wednesday of January next following, that
Legislative Assembly shall continue up to and
including the day next preceding that third
25 Wednesday of January and no longer; and
page 8
Electoral Act Amendment (Fixed Terms) Bill 2004
Amendments about fixed election dates Part 2
Salaries and Allowances Act 1975 amended Division 3
s. 15
(b) whenever any Legislative Assembly would
expire by effluxion of time on or after the third
Wednesday of January of any year but before
1 September of that year, that Legislative
5 Assembly shall cease and determine on the day
next preceding that third Wednesday of
January.
".
(2) Section 21(2) is repealed.
10 15. Section 36 amended
Section 36(9) is amended by deleting "May" and inserting
instead --
" March ".
Division 3 -- Salaries and Allowances Act 1975 amended
15 16. The Act amended
The amendments in this Division are to the Salaries and
Allowances Act 1975.
17. Section 6 amended
Section 6(5b) is repealed and the following subsection is
20 inserted instead --
"
(5b) Notwithstanding any other provision of this Act or any
determination, a person elected as a member of the
Legislative Council at a general election shall not be
25 entitled to any remuneration as such a member in
respect of any period before 22 March next following
the general election unless that person --
(a) was a member of the Legislative Council
immediately before the general election; or
page 9
Electoral Act Amendment (Fixed Terms) Bill 2004
Part 2 Amendments about fixed election dates
Division 3 Salaries and Allowances Act 1975 amended
s. 17
(b) is declared elected under section 156D of the
Electoral Act 1907 to complete the unexpired
portion of a term of office ending immediately
before that 22 March.
5 ".
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