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CONSTITUTION ACT 1889 - SCHEDULE 5

[s. 22]

        [Heading inserted: No. 24 of 2005 s. 7.]

Either —

            (a)         I, [ name ], [ insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005 ] that I will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.

                [*Delete the inapplicable.]

or —

            (b)         I, [ name ], [ insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005 ] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law and will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.

                [*Delete the inapplicable.]

        [Schedule E inserted: No. 24 of 2005 s. 7.]



Notes

This is a compilation of the Constitution Act 1889 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title

Number and year

Assent

Commencement

The Constitution Act 1889 1

1889 (52 Vict. No. 23)

Reserved for Royal Assent 29 Apr 1889. Assented to 15 Aug 1890

Act except for Pt. III: 21 Oct 1890 (see s. 77 and Gazette 23 Oct 1890 p. 790-1);
Pt. III: 18 Oct 1893 (see s. 42 6 and Gazette 18 Jul 1893 p. 727)

The Constitution Act Amendment Act 1893 s. 2

1893 (57 Vict. No. 14)

13 Oct 1893

18 Oct 1893 (see s. 1)

The Constitution Act 1889 Amendment Act 1894 s. 2

1894 (58 Vict. No. 15)

8 Nov 1894

8 Nov 1894

Constitution Act Amendment Act 1896 s. 2

1896 (60 Vict. No. 18)

8 Oct 1896

12 Apr 1897 (see Gazette 12 Apr 1897 p. 683)

Constitution Acts Amendment Act 1899 s. 2

1899 (63 Vict. No. 19)

Reserved for Royal Assent 16 Dec 1899. Assented to 18 May 1900

18 May 1900 (see s. 52 and Gazette 18 May 1900 p. 1686

Constitution Act Amendment Act 1900

1900 (64 Vict. No. 5) (as amended by No. 45 of 1963)

5 Dec 1900

5 Dec 1900

Aborigines Act 1905 s. 65

14 of 1905 (5 Edw. VII No. 14)

Reserved for Royal Assent 23 Dec 1905. Assented to 4 Apr 1906 13

1 Apr 1898 (see s. 65)

Constitution Act Amendment Act 1921

34 of 1921 (12 Geo. V No. 34)

30 Dec 1921

30 Dec 1921

Ministers’ Titles Act 1925 s. 2

8 of 1925 (16 Geo. V No. 8)

24 Sep 1925

24 Sep 1925

Judges’ Salaries and Pensions Act 1950 s. 4

35 of 1950 (14 and 15 Geo. VI No. 35)

16 Dec 1950

16 Dec 1950

Reprint of The Constitution Act 1889 approved 30 Nov 1964 in Volume 19 of Reprinted Acts (includes amendments listed above)

Statute Law Revision Act 1970 s. 4

10 of 1970

29 Apr 1970

29 Apr 1970

Reprint of the Constitution Act 1889 approved 29 Apr 1971 (includes amendments listed above)

Acts Amendment (Constitution) Act 1978 Pt. I

59 of 1978

Reserved for Royal Assent 20 Sep 1978.
Assented to 15 Nov 1978

22 Dec 1978 (see Interpretation Act 1918 s. 8 and Gazette 22 Dec 1978 p. 4769-70)

Constitution Act Amendment Act 1979

88 of 1979

11 Dec 1979

11 Dec 1979

Constitution Amendment Act (No. 3) 1980

15 of 1980

15 Oct 1980

15 Oct 1980

Reprint of the Constitution Act 1889 as approved 30 Apr 1982 (includes amendments listed above)

Acts Amendment and Repeal (Disqualification for Parliament) Act 1984
Pt. IV

78 of 1984

14 Nov 1984

1 Jul 1985 (see s. 2 and Gazette 17 May 1985 p. 1671)

Australia Act 1986 (U.K.)
s. 14
(See WA Act No. 65 of 1985 s. 4 and Australia Act 1986 (Cwlth.) s. 14)

1986 c. 2

17 Feb 1986

3 Mar 1986 at 5 a.m. GMT (see Statutory Instruments 1986 No. 319 c. 8)

Acts Amendment (Electoral Reform) Act 1987 Pt. II

40 of 1987

12 Jul 1987

30 Oct 1987 (see s. 2 and Gazette 30 Oct 1987 p. 3977)

Constitution Amendment Act 1987

51 of 1987

30 Oct 1987

30 Oct 1987 (see s. 2)

Reprint of the Constitution Act 1889 as at 1 Mar 1993 (includes amendments listed above)

Financial Administration Legislation Amendment Act 1993 s. 9 and 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Reprint of the Constitution Act 1889 as at 3 Jul 2000 (includes amendments listed above)

Electoral Amendment Act 2000 s. 22

36 of 2000

10 Oct 2000

21 Oct 2000 (see s. 2(1) and Gazette 20 Oct 2000 p. 5899)

Constitution (Parliamentary Privileges) Amendment Act 2004 Pt. 2

41 of 2004

3 Nov 2004

3 Nov 2004 (see s. 2)

Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 Pt. 3

24 of 2005

2 Dec 2005

1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244)

Financial Legislation Amendment and Repeal Act 2006 s. 4 and 5(1)

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 6: The Constitution Act 1889 as at 13 Jul 2007 (includes amendments listed above)

Standardisation of Formatting Act 2010 s. 13

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Statutes (Repeals and Minor Amendments) Act 2011 s. 20

47 of 2011

25 Oct 2011

26 Oct 2011 (see s. 2(b))

Constitution Amendment (Recognition of Aboriginal People) Act 2015

22 of 2015

17 Sep 2015

17 Sep 2015 (see s. 2)

Constitution Amendment (Demise of the Crown) Act 2017

9 of 2017

25 Oct 2017

s. 1 and 2: 25 Oct 2017 (see s. 2(a));
Act other than s. 1 and 2: 26 Oct 2017 (see s. 2(b))

Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 Pt. 2

20 of 2021

24 Nov 2021

25 Nov 2021 (see s. 2(b))

Other notes

1         Now known as the Constitution Act 1889 ; short title amended (see note under s. 1). The Constitution Act 1889 was or is affected by —

        An Act to augment Ministerial Salaries. 55 Vict. No. 23 (1892).
(Repealed by 60 Vict. No. 18.)

        The Officers of Parliament Act 1893 . (56 Vict. No. 17).
(Repealed by 63 Vict. No. 19.)

        Constitution Acts Amendment Act 1933 . (No. 25 of 1933).
(Amended by Act No. 46 of 1963 s. 10. Repealed by Act No. 57 of 1965.)

        Constitution Acts Amendment (Temporary) Act 1934 . (No. 3 of 1934).
(Expired on 31 December 1934 (see s. 4). Repealed by Act No. 57 of 1965.)

                Judges’ Retirement Act 1937 . (No. 8 of 1937).

        Constitution Acts Amendment Act 1942 . (No. 29 of 1942).
(Amended by Act No. 45 of 1950 and Act No. 46 of 1963 s. 10. Repealed by Act No. 57 of 1965.)

2         I.e.: 13 and 14 Victoria c. 59 (1850) s. 32.

3         Section 6 was originally composed of three paragraphs. The second and third paragraphs were repealed by the Acts Amendment and Repeal (Disqualification for Parliament) Act 1984 s. 4. The first paragraph ceased to operate on 18 October 1893. See s. 43.

4         This provision ceased to operate on 18 October 1893. See s. 43.

5         Now see Electoral Act 1907 .

6         Repealed section 42 provided for the postponement of the commencement of Part III. Under that section, Part III commenced 18 Oct 1893 (see Gazette 18 July 1893 p. 727).

7         Now see the Constitution Acts Amendment Act 1899 s. 11.

8         Also see Judges’ Retirement Act 1937 s. 3.

9         Now see Financial Management Act 2006 and Auditor General Act 2006 .

10         Australia Act 1986 (U.K.) s. 9(2) and Australia Act 1986 (Cwlth) s. 9(2) (set out in the Schedules to the Australia Acts (Request) Act 1985 (WA)) read as follows:


        (2)         No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty’s pleasure thereon.


11         Sections 69 and 70 and Schedules B and C have been repealed.

12         See Western Australia Constitution Act 1890 (U.K.) (53 and 54 Vict. c. 26) s. 2 which effected these repeals as from the proclamation of this Act in WA i.e. 21 October 1890. As to the proviso in s. 2 of that Act, now see Australia Act 1986 (U.K.) s. 7- 9. Paragraph (a) of the proviso reads as follows:


            (a)         The provisions of the Acts of the session held in the 13 th and 14 th years of Her Majesty, chapter 59, and of the session held in the 5 th and 6 th years of Her Majesty, chapter 76 (being 2 of the Acts mentioned in the said schedule), which relate to the giving or withholding of Her Majesty’s assent to Bills, ... and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid, and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the scheduled Bill and this Act, and by any other legislative body or bodies which may at any time hereafter be substituted for the said Legislative Council and Assembly.


        [Note the proviso was amended by the Australian States Constitution Act 1907 (U.K.) (7 Ed. VII c. 7).]

13         The Aborigines Act 1905 commenced on 23 April 1906 (see s. 1 and Gazette 20 Apr 1906 p. 1221, 21 Apr 1906 p. 1261 and 27 Apr 1906 p. 1263). It is not clear why there were 3 Gazettals.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
Governor in Council         75
Her Majesty         75
Month         75
Person         75
Royal Sign Manual         51
Treasurer         75



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