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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral and Constitution Amendment
Bill 2003
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
253--1 page i
Electoral and Constitution Amendment Bill 2003
Contents
Part 3 -- General amendments
Division 1 -- Electoral Act 1907 amended
18. The Act amended 10
19. Long title amended 10
20. Section 4 amended 10
21. Section 5D amended 10
22. Section 5F amended 11
23. Section 18 amended 12
24. Section 67 amended 12
25. Section 77 amended 12
26. Section 85 amended 12
27. Section 90 amended 13
28. Section 92 amended 14
29. Section 95 amended 14
30. Section 100 amended 14
31. Section 100A amended 15
32. Section 100B amended 15
33. Section 102 amended 15
34. Section 132 amended 15
35. Section 192 amended 15
36. Section 188 amended 16
37. Schedule 1 amended 16
38. Minor amendments 17
Division 2 -- Constitution Acts Amendment
Act 1899 amended
39. The Act amended 18
40. Sections 7 and 20 amended and saving provision 18
41. Section 32 amended and saving provision 19
Division 3 -- Electoral Amendment (Political
Finance) Act 1992 amended
42. The Act amended 20
43. Sections 5 and 6 repealed 20
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Electoral and Constitution Amendment
Bill 2003
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; and
• make other amendments to the Electoral Act 1907, the
Constitution Acts Amendment Act 1899 and the Electoral
Amendment (Political Finance) Act 1992,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Electoral and Constitution Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electoral and Constitution
Amendment Act 2003.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Electoral and Constitution Amendment Bill 2003
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 [* Reprinted as at 15 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 115.]
4. Section 4 amended
(1) Section 4(1) is amended in the definition of "general election"
10 as follows:
(a) in paragraph (a) by deleting "64(1)" and inserting
instead --
" 64(2) or (3) ";
(b) in paragraph (b) by deleting "64(2)" and inserting
15 instead --
" 64(4) ".
(2) Section 4(1) is amended by inserting in the appropriate
alphabetical positions the following definitions --
"
20 "election year", in relation to a periodic election,
means the year in which the writ for the periodic
election is issued;
"periodic election" means --
(a) a general election for the Assembly the writ
25 for which is issued under section 64(3); or
(b) any general election for the Council;
".
page 3
Electoral and Constitution Amendment Bill 2003
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 and Constitution Amendment Bill 2003
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 and Constitution Amendment Bill 2003
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 [* Reprint 12 as at 3 October 2003.]
12. Section 8 amended and transitional provisions
(1) Section 8(2) and (3) are each amended by deleting "May" and
inserting instead --
" March ".
25 (2) Section 8(4) is repealed and the following subsection is inserted
instead --
"
(4) Where an election held as part of a general election
fails wholly or partially or is declared to be absolutely
30 void, the seat of a member elected at an election held
page 6
Electoral and Constitution Amendment Bill 2003
Amendments about fixed election dates Part 2
Constitution Acts Amendment Act 1899 amended Division 2
s. 12
by reason of that failure or declaration shall become
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.
10 (5) If a person who is a member of the Legislative Council on
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 --
15 (a) 21 May 2005 had continued to be the day at the end of
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
20 21 March 2005.
(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
25 Legislative Council;
"parliamentary superannuation arrangements" means
contribution, entitlement and other superannuation
arrangements in respect of --
(a) a person by or for whom contributions are being
30 made as at 21 March 2005 to the scheme as defined
in section 5 of the Parliamentary Superannuation
Act 1970; or
page 7
Electoral and Constitution Amendment Bill 2003
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
(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
30 Assembly shall cease and determine on the day
next preceding that third Wednesday of
January.
".
page 8
Electoral and Constitution Amendment Bill 2003
Amendments about fixed election dates Part 2
Salaries and Allowances Act 1975 amended Division 3
s. 15
(2) Section 21(2) is repealed.
15. Section 36 amended
Section 36(9) is amended by deleting "May" and inserting
instead --
5 " March ".
Division 3 -- Salaries and Allowances Act 1975 amended
16. The Act amended
The amendments in this Division are to the Salaries and
Allowances Act 1975*.
10 [* Reprinted as at 8 September 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 348 and
Gazette 15 August 2003 p. 3685-92.]
17. Section 6 amended
15 Section 6(5b) is repealed and the following subsection is
inserted instead --
"
(5b) Notwithstanding any other provision of this Act or any
determination, a person elected as a member of the
20 Legislative Council at a general election shall not be
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
25 immediately before the general election; or
(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.
30 ".
page 9
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 1 Electoral Act 1907 amended
s. 18
Part 3 -- General amendments
Division 1 -- Electoral Act 1907 amended
18. The Act amended
The amendments in this Division are to the Electoral Act 1907*.
5 [* Reprinted as at 15 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 115.]
19. Long title amended
The long title is amended by inserting after "elections" --
10 " and for related purposes ".
20. Section 4 amended
(1) Section 4(1) is amended by inserting in the appropriate
alphabetical position the following definition --
"
15 "authorised witness" has the meaning given by
section 94;
".
(2) Section 4(1) is amended by deleting the definition relating to
"print", "printed" or "printing".
20 21. Section 5D amended
After section 5D(3) the following subsections are inserted --
"
(4) The Governor, on the recommendation of the Premier,
may appoint an Acting Deputy Electoral Commissioner
25 to act in the office of the Deputy Electoral
Commissioner --
(a) when the Deputy Electoral Commissioner is
absent from duty for any reason or is absent
from the State;
page 10
Electoral and Constitution Amendment Bill 2003
General amendments Part 3
Electoral Act 1907 amended Division 1
s. 22
(b) when the Deputy Electoral Commissioner is
acting in the office of Electoral Commissioner
under section 5H(2);
(c) when the Deputy Electoral Commissioner has
5 been suspended; or
(d) when the office of Deputy Electoral
Commissioner is vacant.
(5) Before making a recommendation under subsection (4)
the Premier shall consult with the Parliamentary leader
10 of each party in the Parliament.
(6) While the Acting Deputy Electoral Commissioner is so
acting --
(a) he may perform the functions of the Deputy
Electoral Commissioner, and anything done by
15 him in so performing those functions has the
like effect as if it were done by the Deputy
Electoral Commissioner;
(b) any act or thing that is required under a written
law to be done to, by reference to or in relation
20 to the Deputy Electoral Commissioner shall be
regarded as effectually done if done to, by
reference to or in relation to the Acting Deputy
Electoral Commissioner.
".
25 22. Section 5F amended
Section 5F(1)(ea) is deleted and the following paragraph is
inserted instead --
"
(ea) may conduct other elections, referendums or
30 polls --
(i) if authorised to do so under another
written law; or
page 11
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 1 Electoral Act 1907 amended
s. 23
(ii) if they are provided for under another
written law and the regulations
authorise the Electoral Commissioner to
conduct them;
5 ".
23. Section 18 amended
Section 18(c) is amended by deleting "one year" and inserting
instead --
" 5 years ".
10 24. Section 67 amended
Section 67(5) is amended by deleting "32(a)" and inserting
instead --
" 32(1)(a) ".
25. Section 77 amended
15 After section 77(5) the following subsection is inserted --
"
(6) If a person who is not an elector entitled to vote at an
election of a member of the Assembly nominates
himself for election to either House, the nomination is
20 invalid.
".
26. Section 85 amended
Section 85(2) is amended by deleting "6 p.m." and inserting
instead --
25 " 12 noon ".
page 12
Electoral and Constitution Amendment Bill 2003
General amendments Part 3
Electoral Act 1907 amended Division 1
s. 27
27. Section 90 amended
(1) Section 90(1) is repealed and the following subsection is
inserted instead --
"
5 (1) Any elector may make application for an early ballot
paper at any time after the polling day for an election
has been publicly announced by the Government.
".
(2) Section 90(1a) is amended by deleting "at any time during the
10 period referred to in subsection (1)".
(3) Section 90(3a)(a) is amended by deleting "who is entitled to
apply for an early ballot paper".
(4) Section 90(3e)(a)(i) is deleted.
(5) Section 90(7)(b) is amended by deleting "entitled to an early
15 ballot paper" and inserting instead --
" an elector ".
(6) Section 90(8)(a) is amended by deleting "is entitled to an early
ballot paper under subsection (1)(d)" and inserting instead --
"
20 will be unable to vote during the hours of
polling on polling day because the elector is, or
is caring for a person who is, seriously ill or
infirm, or approaching maternity
".
25 (7) Section 90(8)(b) is amended by deleting "if the elector is
entitled to an early ballot paper issue him with one" and
inserting instead --
" issue the elector with an early ballot paper ".
page 13
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 1 Electoral Act 1907 amended
s. 28
(8) Section 90(12) is amended by deleting "entitled to an early
ballot paper by virtue of subsection (1)(f)" and inserting
instead --
"
5 who is serving a sentence of imprisonment for an
offence or is otherwise in lawful custody or detention
".
28. Section 92 amended
Section 92(4c)(b) is amended by deleting "Tuesday" and
10 inserting instead --
" Thursday ".
29. Section 95 amended
Section 95(8) is amended as follows:
(a) by deleting "elector is an" and inserting instead --
15 " elector is a patient or ";
(b) by deleting "is an inmate in an institution or is a patient
in a hospital".
30. Section 100 amended
(1) Section 100(1)(c) is amended by deleting "institution or
20 hospital, or both" and inserting instead --
" hospital, prison or other institution ".
(2) Section 100(1)(d) is amended as follows:
(a) by deleting "any institution or hospital, or both," and
inserting instead --
25 " any hospital, prison or other institution ";
(b) by deleting "or hospital, or both, for" and inserting
instead --
" for ".
page 14
Electoral and Constitution Amendment Bill 2003
General amendments Part 3
Electoral Act 1907 amended Division 1
s. 31
31. Section 100A amended
(1) Section 100A(1), (1)(a), (2)(a) and (b) and (5) are amended by
deleting "or hospital".
(2) Section 100A(1)(b) is amended by deleting "record his".
5 (3) Section 100A(2) is amended by deleting "or hospital,".
32. Section 100B amended
Section 100B(2a) is amended by inserting after "The" --
" Electoral Commissioner or the ".
33. Section 102 amended
10 Section 102(5) is amended by deleting "or hospital".
34. Section 132 amended
Section 132(2) is amended as follows:
(a) by deleting "a special institution or hospital" and
inserting instead --
15 " an institution ";
(b) by deleting "or (d)".
35. Section 192 amended
(1) Section 192(2) and (3) are amended by deleting "or hospital" in
each place in which it occurs.
20 (2) Section 192(4) is repealed.
(3) Section 192(5) is amended as follows:
(a) by deleting "Subsection (4)" and inserting instead --
" This section ";
(b) by deleting "a prison" and inserting instead --
25 " an institution ";
(c) by deleting "the prison" and inserting instead --
" the institution ".
page 15
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 1 Electoral Act 1907 amended
s. 36
36. Section 188 amended
(1) Section 188(1) and (2) are deleted and the following are inserted
instead --
"
5 (1) Penalty for bribery or undue influence --
(a) if the offence relates to an early ballot paper or
early vote: $24 000 or imprisonment for
2 years; or
(b) in any other case: $12 000 or imprisonment for
10 12 months.
(2) Penalty for any other illegal practice --
(a) if the offence relates to an early ballot paper or
early vote: $12 000 or imprisonment for
12 months; or
15 (b) in any other case: $6 000.
".
37. Schedule 1 amended
(1) Schedule 1 clause 5 is repealed and the following clause is
inserted instead --
20 "
5. Unless all the vacancies have been filled, the surplus votes
(if any) of any candidate elected under clause 4, or elected
subsequently under this clause, shall be transferred to the
continuing candidates as follows --
25 (a) the number of surplus votes of the elected candidate
shall be divided by the number of votes received by
him and the resulting fraction shall be the surplus
fraction;
(b) in relation to any particular ballot papers for surplus
30 votes of the elected candidate, the surplus fraction
shall be multiplied by the transfer value at which
those ballot papers were transferred to the elected
candidate, or by one if they expressed first
page 16
Electoral and Constitution Amendment Bill 2003
General amendments Part 3
Electoral Act 1907 amended Division 1
s. 38
preference votes for the elected candidate, and the
product shall be the continued transfer value of
those particular ballot papers;
(c) the total number of ballot papers for surplus votes
5 of the elected candidate that each --
(i) express the next available preference for a
particular continuing candidate; and
(ii) have a particular continued transfer value,
shall be multiplied by that transfer value, the
10 number so obtained (disregarding any fraction) shall
be added to the number of votes of the continuing
candidate and all those ballot papers shall be
transferred to the continuing candidate,
and if on the completion of the transfer of the surplus votes
15 of the elected candidate to a particular continuing candidate
that candidate has received a number of votes equal to or
greater than the quota, that candidate shall be elected.
".
(2) Schedule 1 clause 7 is repealed.
20 (3) Schedule 1 clause 9 is amended by deleting "4(a) and (b)" and
inserting instead --
" (5) ".
38. Minor amendments
The Act is amended as set out in the Table.
25 Table
Provision amended Amendment
section 60(1) deletion of "56(a)" and insertion instead of --
" 56 ".
section 61 repeal of the section.
section 62I(2) insertion after "one member of " of --
" the ".
page 17
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 2 Constitution Acts Amendment Act 1899 amended
s. 39
Provision amended Amendment
section 62N(1)(c) insertion before "decision" of --
" a ".
section 75(1)(b) deletion of "nomination" and insertion instead
of --
" declaration of nominations ".
section 77(1)(b) insertion after "as" of --
" , or from being, ".
section 87(7) deletion of "113A" and insertion instead of --
" 113B ".
section 141(1) deletion of ", (b)".
section 156A deletion of "(1)".
section 186 deletion of "incapable of being chosen or of
sitting as" and insertion instead of --
"
disqualified from being elected as, or
from being,
".
Division 2 -- Constitution Acts Amendment Act 1899 amended
39. The Act amended
The amendments in this Division are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprint 12 as at 3 October 2003.]
40. Sections 7 and 20 amended and saving provision
(1) Sections 7 and 20 are each amended by inserting after "person
who" --
"
10 is an Australian citizen as defined in section 4(1) of the
Electoral Act 1907 and
".
page 18
Electoral and Constitution Amendment Bill 2003
General amendments Part 3
Constitution Acts Amendment Act 1899 amended Division 2
s. 41
(2) A person who is a member of the Legislative Assembly or the
Legislative Council immediately before the commencement --
(a) does not become disqualified, on the commencement,
for membership of the Legislative Assembly or the
5 Legislative Council for the purposes of section 38(a) or
40(a) of the Constitution Acts Amendment Act 1899; and
(b) is not prevented from completing his or her current term
as a member,
by reason only of not being an Australian citizen as defined in
10 section 4(1) of the Electoral Act 1907.
(3) In subsection (2) --
"commencement" means the commencement of this section.
41. Section 32 amended and saving provision
(1) Section 32 is amended by inserting before "A person" the
15 subsection designation "(1)".
(2) Section 32(b) is deleted and the following paragraph is inserted
instead --
"
(b) has been convicted of an offence for which the
20 penalty specified by a law is or includes --
(i) imprisonment for life; or
(ii) imprisonment for a period that may
exceed 5 years.
".
25 (3) At the end of section 32 the following subsection is inserted --
"
(2) In subsection (1)(b) --
"offence" means an offence against a law of this State,
the Commonwealth, another State or a Territory.
30 ".
page 19
Electoral and Constitution Amendment Bill 2003
Part 3 General amendments
Division 3 Electoral Amendment (Political Finance) Act 1992 amended
s. 42
(4) A person who is a member of the Legislative Assembly or the
Legislative Council immediately before the commencement --
(a) does not become disqualified, on the commencement,
for membership of the Legislative Assembly or the
5 Legislative Council for the purposes of section 38(b) or
40(b) of the Constitution Acts Amendment Act 1899; and
(b) is not prevented from completing his or her current term
as a member,
by reason only of a conviction that occurred before the
10 commencement.
(5) In subsection (4) --
"commencement" means the commencement of this section.
Division 3 -- Electoral Amendment (Political Finance)
Act 1992 amended
15 42. The Act amended
The amendments in this Division are to the Electoral
Amendment (Political Finance) Act 1992*.
[* Act No. 75 of 1992.]
43. Sections 5 and 6 repealed
20 Sections 5 and 6 are repealed.
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