Acts Amendment and Repeal (Disqualification for Parliament) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT AND

REPEAL

(DISQUALIFICATION FOR

PARLIAMENT).

No. 78 of 1984.

AN ACT to amend the Alcohol and Drug Authority Act 1974, the Audit Act 1904, the Constitution Act 1889, the Constitution Acts Amendment Act 1899, the Electoral Act 1907, the Fremantle Port Authority Act 1902, the National Parks Auth- ority Act 1976, the Salaries and Allowances Act 1975 and the Waterways Conservation Act 1976, and to repeal the Constitutional Convention Act 1974.

[Assented to 14 November 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I—PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

and Repeal (Disqualification for Parliament) Act

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

PART II-ALCOHOL AND DRUG AUTHORITY

ACT 1974.

Section 16

repealed.	3. Section 16 of the Alcohol and Drug Authority
Act No. 32

of 1974. Act 1974 is repealed.

PART III-AUDIT ACT 1904.

Section 7

amended.	4. Section 7 of the Audit Act 1904 is amended by
Reprinted

as approved

repealing subsection (1).

29 December

1969 and

amended by

Act No. 17

of 1978.

PART IV-CONSTITUTION ACT 1889.

Section 6

amended.	5.	Section 6 of the Constitution Act 1889 is
Reprinted as

approved	amended by repealing the second and third para-
30 April 1982.	graphs.
Sections 16

and 17 6. Sections 16 and 17 of the Constitution Act

repealed. 1889 are repealed.

PART V-CONSTITUTION ACTS AMENDMENT

ACT 1899.

Principal

Act.	7.	In this Part the Constitution Acts Amendment
Reprinted as

approved	Act 1899 is referred to as the principal Act.
26 June 1984.

New section	8.	Before section 31 of the principal Act the
31 inserted.

following section is inserted to stand as section 31--

Interpreta-

tion. 31. In the succeeding provisions of this

Part

(a) "disqualified for membership of the Legislature" means disqualified for membership of the Legislative Council and for membership of Legislative Assembly;

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

"member" in relation to a commis- sion, council, board, committee, authority, trust or other body means-

(i)  any member of the body whether known as a member, commissioner, councillor, trustee, direc- tor or by any other title;

(ii)  any deputy, alternate or acting member of the body,

and includes a person holding the office of chairman or president or any other office on the body;

"member of the Legislature" means a member of the Legislative Council or the Legislative Assembly;

(b) a reference to the holding of any office or place is a reference to the holding of that office or place in a permanent, temporary or acting capacity on a full-time, part-time or casual basis. ".

Section 31

9. Section 31 of the principal Act is renumbered

renumbered

32 and

as section 32 and amended amended.

(a) by deleting "No person shall be qualified to be a member of the Legislative Council or Legislative Assembly," and substituting the following-

" A person is disqualified for member-

ship of the Legislature "; and

(b)	by deleting paragraphs (1), (2) and (3) and redesignating paragraphs (4) and (5)
as paragraphs (a) and (b) respectively.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

Existing

section 32	10. Sections 32, 33, 34, 35, 36 and 37 of the
repealed;

sections 33	principal Act are repealed and the following sections
to 37 sub-
stituted.	are substituted.

Effect of i t

these 33. Except as provided by the succeeding

provisions. sections of this Part

(a)	the election of a person as a member of the Legislature shall not be rendered void or affected in any other way;
(b)	the seat of a person as a member of the Legislature shall not become vacant,

by reason of his holding any office or place of profit from or under the Crown or any other office or place.

Disqualifica-

tion of	34. (1) Subject to this Act a person is
certain

office-holders	disqualified for membership of the Legislature
and
members of	if he
Parliament.

(a)	holds any office mentioned in Part 1 of Schedule V; or
(b)	is a member of the Parliament of the Commonwealth or the legislature of a Territory or another State of the Commonwealth.

(2) A member of either House of the Legis- lature is disqualified for membership of the other House.

Election of

unqualified	35. (1) If any person not qualified under of a House of the Legislature is elected as a member of that House, his election shall be
or dis-
qualified	section 7 or section 20 to be elected a member
person void.
void.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

(2) If any person disqualified for member- ship of the Legislature by section 32 or section 34 (1) is elected as a member of the Legis- lature, his election shall be void.

(3) If any person disqualified for member- ship of one House of the Legislature by section 34 (2) is elected as a member of that House, his election shall be void.

Certain

36. (1) Subject to subsections (2) and

offices and

Places must

(8), this section applies to a person who-

be vacated

before

member can

take seat.

(a)	holds an office or place in the service of the Crown in right of the Com- monwealth or another State of the Commonwealth or in the service of the government of, or any depart- ment or agency of the government of, the Commonwealth or a Territory or another State of the Common- wealth; or
(b)	holds an office as a member of any commission, council, board, com- mittee, authority, trust or other body, and was appointed as such a member by the Crown in right of the Com- monwealth or another State of the Commonwealth, or by the govern- ment of, or any department or agency of the government of, the Commonwealth or a Territory or another State of the Commonwealth.

(2) Subject to subsection (4), the Governor may, by Order in Council exempt any office or place from the operation of this section and whilst that office or place remains so exempted this section shall not apply to a person by reason of his holding that office or place.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

(3) Subject to subsection (4), the Gov- ernor may, by subsequent Order in Council, amend an Order made under subsection (2) or revoke the Order either absolutely or for the purpose of substituting another Order.

(4) An Order in Council shall be made under this section if and only if the making of the Order has been recommended by resolution passed by both Houses of the Legislature.

(5)

Subject to subsection (6), an Order in Council made under this section shall take and have effect on and from the day on which it is published in the Government Gazette.

Where, by reason of an Order in Council made under subsection (3), an office or place previously exempted from the operation of this section will no longer be so exempted, that Order shall take and have effect at and from the expiration of 30 days from the day on which it is published in the Government

(6)

Gazette.

(7) The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section.

This section does not apply to a person by reason of his being a member of the Citizen Forces or the Reserve Forces within the meaning of the Defence Act 1903 of the Parliament of the Commonwealth.

(8)

(9) If any person to whom this section applies is elected as a member of the Legis- lative Council at a general election, his seat shall become vacant on 22 May next following the election if he has not, before that date, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him.

19841         Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

(10) If any person to whom this section applies is elected as a member of the Legis- lature otherwise than as referred to in sub- section (9)—

(a)	he shall not take the oath, or make the affirmation, pursuant to section 22 of the Constitution Act 1889 until he has resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him; and
(b)	his seat shall become vacant at the expiration of 21 days after the date on which he is declared to be elected if he has not, before the expiration of that period, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him.

Office or place

37. (1) Subject to subsection (2), this vacated In

section applies to a person who- certain cases.

(a)	holds any office or place mentioned in Part 2 of Schedule V not being an office also mentioned in Part 1 of Schedule V; or
(b)	is a member of any commission, council, board, committee, authority, trust or other body mentioned in Part 3 of Schedule V.

(2) This section does not apply to a person by reason of his being the holder of any office or place, or a member of any body, ex officio as the holder of any of the principal executive offices of the Government liable to be vacated on political grounds.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

(3) If any person to whom this section applies is declared to be elected as a member of the Legislature, he shall, upon and by virtue of being so declared, vacate the office or place by reason of which this section applies to him. ".

Section 38

amended. 11. Section 38 of the principal Act is amended

(a) by deleting "If any member of the Legis- lative Council or Legislative Assembly" and substituting the following

CI Subject to any resolution passed by the

Legislature under section 39, if any

member of the Legislature ";

(b) by deleting paragraph (1) and substituting the following

(a)	ceases to be qualified under section 7 or section 20 to be elected a member of the House of which he is a member; or
(b)	becomes disqualified for member- ship of the Legislature by section

32 or section 34; or

(c) becomes a person to whom section

36 or section 37 applies; ".

(c) by redesignating paragraphs (2), (3) and

(4) as paragraphs (d), (e) and (f) respec-

tively;

(d) by deleting paragraph (5) and "or" follow- ing it and substituting the following paragraph-

" (g) fails to give his attendance in the House of which he is a member for one entire session thereof with- out the permission of the House entered upon its journals, ";

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

(e) by deleting paragraph (6);

(f) by deleting the colon following "vacant" and substituting a full stop; and

(g) by deleting the provisos.

12. Sections 39, 39A, 39B, 39C, 40, 41, 41A and 224=3,912

42 are repealed and the following sections are sub- isneigitoirtilet3e9t	39B, 39C and
stituted—	41A repealed.

cc

39. (1) This section applies to any case elision for

where a person has, or it is alleged that a person has, at any time (in this section called "the material time") become the holder of an office or place

(a) specified in Part 1 or 2 of Schedule V;

or

(b)	as a member of any commission, council, board, committee, authority, trust or other body specified in Part 3 of Schedule V; or
(c)	referred to in section 36 (1),

and, at the material time, that person was a

member of the Legislature.

(2) If, in a case to which this section applies, it appears to the Legislature that the person concerned has, since the material time, resigned from or otherwise ceased to hold the office or place in question, and that it is otherwise proper so to do, the Legislature may, by resolution passed by both Houses, direct that his becoming the holder of that office or place at the material time shall be disregarded for the purposes of section 38 and the resolution shall have effect according to its tenor.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

(3) A resolution may be made under sub- section (2), and a resolution made under that subsection shall have effect, notwith- standing that proceedings may have been commenced in the Supreme Court under section 41 and notwithstanding any declara- tion made by the Supreme Court under that section.

The provisions of section 67 (2) and (3) of the Electoral Act 1907 do not apply to or in relation to any vacancy occurring by opera- tion of section 38 in a case to which this section applies.

(4)

Presence of

unqualified	40. The proceedings of the Legislative
persons not

to invalidate

Council or Legislative Assembly shall not be

proceedings.

invalidated by reason of the presence in that

House of

(a)	any person not qualified under section 7 or section 20 to be elected a member of that House; or
(b)	any person disqualified by section 32 or section 34 for membership of that House; or
(c)	any person whose seat as a member of that House has become vacant by operation of section 36 or section 38.

Jurisdiction

of Supreme	41. (1) Any person entitled to vote for the election of a member of the Legislative Assembly at a general election may apply to the Supreme Court, in accordance with Rules of Court, for a declaration as to whether or not
Court.

(a) by operation of section 35 the election of that person or another person as a member of the Legislature is void; or

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

(b)	by operation of section 36 or section 38 the seat of that person or another person as a member of the Legis- lature has become vacant; or
(c)	by operation of section 37 that person or another person ham vacated an office or place.

(2) Upon any application made under subsection (1) by a person other than the person in respect of whom a declaration is sought, the person in respect of whom a declaration is sought shall be the respondent; and the applicant shall give such security for the costs of the proceedings not exceeding $500 as the Supreme Court may direct.

In hearing and determining an applica- tion under this section the Supreme Court shall give effect to any resolution made under section 39 (2) in respect of the person in respect of whom a declaration is sought.

(3)

(4) An application under subsection (1) shall be heard and determined by the Full Court of the Supreme Court.

42. (1) Subject to subsection (2), the

Governor may, by Order in Council, amend Schedule v.

Schedule V.

(2) An Order in Council shall be made under this section if and only if the making of that Order has been recommended by resolution passed by both Houses of the Legislature.

(3) An Order in Council made under this section shall take and have effect

(a) in the case of an Order adding an office to Part 1 of Schedule V, or adding an office or place to Part 2 of Schedule V or adding a commission,

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

council, board, committee, authority, trust or other body to Part 3 of Schedule V—at and from the expira- tion of 30 days from the day on which the Order is published in the

Government Gazette; or

(b) in the case of any other Order—on and from the day on which the Order is published in the Government

Gazette.

(4) The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section. ".

Section 4 4A

inserted. 13. After section 44 of the principal Act the

following section is inserted-

Honorary if

Ministers.

44A. Nothing in section 43 prevents the appointment of a person to an office with the designation "Honorary Minister" but he shall not receive any remuneration in respect of that office other than an allowance payable pursuant to the Salaries and Allowances Act 1975 for and in respect of expenses that may be necessarily or reasonably incurred by him in connection with or incidentally to the discharge by him of his duties as the holder of that office. ".

Schedule V

added. 14. The principal Act is amended by adding, at

the end, the following Schedule

it

SCHEDULE V. Sections 34 and 37.

PART 1.

Division 1.

Chief Justice of Western Australia or other Judge

of the Supreme Court.

Master of the Supreme Court.

Chairman of Judges or other Judge of the District

Court.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

Chairman of Judges or other Judge of the Family Court of Western Australia;

Chairman, or deputy of the Chairman, of the Workers' Compensation Board constituted under the Workers' Compensation and Assistance Act 1981.

Chairman or other member of the Licensing Court of Western Australia;

Chief Stipendiary Magistrate or other stipendiary magistrate appointed under the Stipendiary Magistrates Act 1957.

Industrial Magistrate appointed under the Industrial Arbitration Act 1979.

Special Magistrate appointed under the Child Welfare

Act 1947.

Referee of Small Claims Tribunals appointed under the Small Claims Tribunals Act 1974.

Coroner or deputy coroner appointed under the Coroners Act 1920.

Assessor appointed under the Criminal Injuries Compensation Act 1982.

President of The Western Australian Industrial Com-

mission.

Chief Industrial Commissioner, Senior Commissioner or other Commissioner of The Western Australian Industrial Commission.

Chairman or other member of the Salaries and Allow- ances Tribunal established by the Salaries and Allowances Act 1975.

Chairman or Deputy Chairman of the Western Australian Coal Industry Tribunal constituted under the Western Australian Coal Industry Tribunal Act 1978.

Public Service Arbitrator appointed under the Public

Service Arbitration Act 1966.

Chairman, or deputy of the Chairman, of the Govern- ment School Teachers' Tribunal constituted under the Government School Teachers Arbitra- tion and Appeal Act 1979.

Chairman, or deputy of the Chairman, of the Rail- ways Classification Board constituted under the Railways Classification Board Act 1920.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

Division 2.

Auditor General appointed under the Audit Act 1904.

Permanent Head of a Department of the Public

Service of the State.

A senior office within the meaning of the Public

Service Act 1978.

Division 3.

Agent General appointed under the Agent General

Act 1895.

Clerk of the Legislative Assembly.

Clerk of the Legislative Council.

Commissioner of Police appointed under the Police

Act 1892.

Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971.

Solicitor-General appointed under the Solicitor-

General Act 1969.

A prescribed office within the meaning of the

Salaries and Allowances Act 1975.

PART 2.

Division 1.

Member, or deputy of a member, of the Workers'

Compensation Board constituted under the

Workers' Compensation and Assistance Act 1981.

Employees' representative, employers' representative or substitute representative on the Western Australia Coal Industry Tribunal constituted under the Western Australian Coal Industry Tribunal Act 1978.

Member, or deputy of a member, of the Government School Teachers' Tribunal constituted under the Government School Teachers Arbitration and Appeal Act 1979.

Member, or deputy of a member, of the Railways Classification Board, constituted under the Rail- ways Classification Board Act 1920.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

Division 2.

The office or place of

Any person employed in a Department of the Public Service of the State that is to say

(a)	any person employed in that Depart- ment who is an officer within the meaning of the Public Service Act 1978;
(b)	any person appointed or employed by the Governor under the provisions of any Act administered in that Depart- ment; or

(c) any person-

(i)  who is appointed or employed under any enactment; or

(ii)   whose remuneration as such is defrayed in whole or in part out of moneys provided by Parlia- ment,

being a person appointed or employed

by

(iii)  the Minister of the Crown administering that Department;

(iv)  the Permanent Head of that Department; or

(v) a person in that Department in whom the power to make minor appointments is vested in accord- ance with the proviso to section 74 of the Constitution Act 1889.

Any person appointed or employed by the holder

of an office mentioned in Division 3 of Part 1.

Any person appointed or employed by a body mentioned in Part 3 or by an instrumentality of which such a body is the governing auth- ority or by the Western Australian Museum constituted by the Museum Act 1969, the Library Board of Western Australia consti- tuted under the Library Board of Western Australia Act 1951, or the Western Australian Alcohol and Drug Authority established under the Alcohol and Drug Authority Act 1974.

Any person who is an officer within the meaning

of the Public Service Act 1978 not referred

to in a preceding item of this Division,

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

Any person who is a member of the Police Force

appointed under the Police Act 1892.

Any person who is a member of the teaching

staff appointed under the Education Act 1928.

Any person appointed pursuant to section 74 of the Constitution Act 1889 other than a member of the Executive Council who holds any of the principal executive offices of the Government liable to be vacated on political grounds that are referred to in section 43 or who holds an office with the designation "Honorary Minister'.

Any person who is an officer of either House of Parliament under the separate control of the President or Speaker, or under their joint control.

PART 3.

The Aboriginal Advisory Council established under the Aboriginal Affairs Planning Authority Act 1972.

The Aboriginal Housing Board responsible to the Minister for Housing.

The Aboriginal Lands Trust established by the

Aboriginal Affairs Planning Authority Act 1972.

The Aboriginal Cultural Material Committee estab- lished by the Aboriginal Heritage Act 1972.

The Advisory Committee constituted under the Charitable Collections Act 1946.

The Advisory Committee constituted under the Control of Vehicles (Off-road areas) Act 1978.

The Advisory Committee constituted under section 216 of the Health Act 1911.

The Advisory Committee appointed under section 435 of the Local Government Act 1960.

Any advisory committee for an irrigation district appointed under by-laws under the Rights in Water and Irrigation Act 1914.

The Agriculture Protection Board of Western Aus- tralia constituted under the Agriculture Protection Board Act 1950.

The Air Pollution Control Council established by the Clean Air Act 1964.

The Albany Port Authority constituted under the Albany Port Authority Act 1926.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

The Anaesthetic Mortality Committee constituted under the Health Act 1911.

The Animal Resources Authority established by the Animal Resources Authority Act 1981.

The Appeal Costs Board constituted under the Suitors' Fund Act 1964.

The Apple Sales Advisory Committee constituted under the Agricultural Products Act 1929.

The Architects Board of Western Australia established under the Architects Act 1921.

The Artificial Breeding Board constituted under the Artificial Breeding Board Act 1965.

The Beekeepers' Compensation Fund Committee con- stituted under the Bee Industry Compensation Act 1953.

The Betting Control Board established under the Betting Control Act 1954.

Any board, committee or council constituted under section 22 of the Community Welfare Act 1972.

Any board constituted under section 135 of the Land

Act 1933.

Any board constituted under section 3 of the Parks and Reserves Act 1895 other than the Parlia- mentary Reserve Board.

The Board of Directors of the Grain Pool of W.A.

constituted under the Grain Marketing Act 1975.

The Board of Directors of the Honey Pool of Western Australia constituted under the Honey Pool Act 1978.

The Board of Directors of the Mining and Petroleum Research Act constituted under the Mining and Petroleum Research Act 1981.

The Board of Directors of the Solar Energy Research Institute of Western Australia constituted under the Solar Energy Research Act 1977.

The Board of Directors of the Western Australian Development Corporation constituted under the Western Australian Development Corporation Act 1983.

The Board of Examiners constituted under the Coal

Mines Regulation Act 1946.

The Board of Examiners constituted under regulation

3.2 of the Mines Regulation Act Regulations 1976.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

The Board of management of the Metropolitan Water Authority constituted under the Metropolitan Water Authority Act 1982.

The Board of management of the South West Develop- ment Authority constituted under the South West Development Authority Act 1984.

The Board of management of the Water Authority of Western Australia constituted under the Water Authority Act 1984.

The Board of management of the Western Australian Technology Development Authority constituted under the Technology Development Act 1983.

Any board of reference constituted under the Con- struction Safety Act 1972 or the Machinery Safety Act 1974.

The Board of Secondary Education constituted under the Education Act 1928.

The Board of the Art Gallery of Western Australia constituted under the Art Gallery Act 1959.

The board of valuers established by the Metropolitan

Region Town Planning Scheme Act 1959.

Any board of visitors constituted under section 11 or

section 26H of the Mental Health Act 1962.

The Builders' Registration Board of Western Australia constituted under the Builders' Registration Act 1939.

The Building Societies Advisory Committee constituted

under the Building Societies Act 1976.

The Bunbury Port Authority constituted under the

Bunbury Port Authority Act 1909.

The Bush Fires Board constituted under the Bush

Fires Act 1954.

The Carnarvon Banana Industry Compensation Com- mittee constituted under the Carnarvon Banana Industry Compensation Trust Fund Act 1961.

The Casino Control Committee established under the

Casino Control Act 1984.

The Central Mining Board and any district mining board appointed under section 29 of the Mining Development Act 1902.

The Charcoal Iron and Steel Industry Board of Man- agement constituted under the Wood Distillation and Charcoal Iron and Steel Industry Act 1943.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

The Chicken Meat Industry Committee continued by

the Chicken Meat Industry Act 1977.

The Chiropodists Registration Board constituted under

the Chiropodists Act 1957.

The Chiropractors Registration Board constituted

under the Chiropractors Act 1964.

The Citrus Sales Advisory Committee constituted

under the Agricultural Products Act 1929.

The Coal Miners' Welfare Board of Western Australia constituted under the Coal Miners' Welfare Act 1947.

The Commissioners of The Rural and Industries Bank of Western Australia appointed under the Rural and Industries Bank Act 1944.

Any committee appointed under section 12C of the

Plant Diseases Act 1914.

The Committee of the Western Australian Greyhound

Racing Association constituted under the Western

Australian Greyhound Racing Association Act

1981.

The Conservation and Environment Council estab- lished under the Environmental Protection Act 1971.

The Construction Safety Advisory Board constituted

under the Construction Safety Act 1972.

Any consultative committee appointed under the

Legal Aid Commission Act 1976.

The Consumer Affairs Council established under the

Consumer Affairs Act 1971.

The Consumer Products Safety Committee established

under the Consumer Affairs Act 1971.

The Country High Schools Hostels Authority estab- lished by the Country High Schools Hostels Authority Act 1960.

The Credit Union Advisory Committee constituted

under the Credit Unions Act 1979.

The Dairy Industry Authority of Western Australia

established under the Dairy Industry Act 1973.

The Dental Board of Western Australia established

by the Dental Act 1939.

The Dental Charges Committee established under the

Dental Act 1939.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

The Distressed Persons Relief Trust constituted by the Distressed Persons Relief Trust Act 1973.

Any district advisory committee established under section 23 of the Soil and Land Conservation Act 1945.

The Dried Fruits Board constituted by the Dried Fruits Act 1947.

The Eastern Goldfields Transport Board preserved and continued under the Eastern Goldfields Transport Board Act 1984.

The Energy Advisory Council preserved and continued by the State Energy Commission Act 1979.

Any environmental appeal board constituted under the Environmental Protection Act 1971.

The Environmental Protection Authority established under the Environmental Protection Act 1971.

The Esperance Port Authority established by the Esperance Port Authority Act 1968.

The Factory Welfare Board constituted under the Factories and Shops Act 1963.

The Finance Brokers Supervisory Board constituted under the Finance Brokers Control Act 1975.

The Fishing and Allied Industries Committee respon-

sible to the Minister for Fisheries and Wildlife.

The Fluoridation of Public Water Supplies Advisory Committee established under the Fluoridation of Public Water Supplies Act 1966.

The Fremantle Port Authority constituted under the Fremantle Port Authority Act 1902.

The Fruit Growing Industry Trust Fund Committee constituted by the Fruit Growing Industry (Trust Fund) Act 1941.

The General Fisheries Advisory Committee constituted under the Fisheries Act 1905.

The Geraldton Port Authority established by the Geraldton Port Authority Act 1968.

The Government Employees' Housing Authority established by the Government Employees' Hous- ing Act 1964.

The Hairdressers Registration Board of Western Australia constituted under the Hairdressers Registration Act 1946.

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

The Health Education Council of Western Australia constituted under the Health Education Council Act 1958.

The Holiday Resorts Advisory Committee constituted

under the Factories and Shops Act 1963.

Any honorary advisory committee appointed under regulation 3 of the Rights in Water and Irriga- tion Act Regulations 1941.

Any hospital board constituted under the Hospitals

Act 1927.

The Industrial and Commercial Employees' Housing

Authority established by the Industrial and Com-

mercial Employees' Housing Authority Act 1973.

The Industrial Training Advisory Council established

under the Industrial Training Act 1975.

The Insurance Brokers Licensing Board constituted under the General Insurance Brokers and Agents Act 1981;

The Inventions Advisory Committee established by the Inventions Act 1975.

Any irrigation board constituted under the Rights in

Water and Irrigation Act 1914.

The Joondalup Development Corporation established

under the Joondalup Centre Act 1976.

The Keep Australia Beautiful Council (W.A.) estab- lished by the Litter Act 1979.

The Land Purchase Board appointed under the Land

Act 1933.

The Land Surveyors Licensing Board constituted under the Licensed Surveyors Act 1909.

Any land valuation tribunal established under the Land Valuation Tribunals Act 1978.

The Land Valuers Licensing Board constituted under the Land Valuers Licensing Act 1978.

The Law Reform Commission of Western Australia established under the Law Reform Commission Act 1972.

The Law Reporting Advisory Board constituted by the Law Reporting Act 1981.

The Legal Aid Commission of Western Australia established under the Legal Aid Commission Act 1976.

The Legal Contribution Trust established by the Legal Contribution Trust Act 1967.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

The Legislative Review and Advisory Committee established under the Legislative Review and Advisory Committee Act 1976.

The Local Government Boundaries Commission constituted under the Local Government Act 1960.

The Local Government Superannuation Board estab- lished by the Local Government Superannuation Act 1980.

The Lotteries Commission constituted by the Lotteries (Control) Act 1954.

The Machinery Safety Advisory Board constituted under the Machinery Safety Act 1974.

Any management authority constituted under the Waterways Conservation Act 1976.

The Maternal Mortality Committee constituted under the Health Act 1911.

The Medical Board constituted under the Medical

Act 1894.

The Metropolitan Market Trust constituted by the Metropolitan Market Act 1926.

The Metropolitan (Perth) Passenger Transport Trust constituted under the Metropolitan (Perth) Passenger Transport Trust Act 1957.

The Metropolitan Region Planning Authority consti- stituted by the Metropolitan Region Town Plan- ning Scheme Act 1959.

The Mines Survey Board established under the Mines Regulation Act 1946.

The Mine Workers' Relief Board constituted by the Mine Workers' Relief Act 1932.

The Mining and Petroleum Advisory Committee estab- lished under the Mining and Petroleum Research Act 1981.

The Motor Vehicle Dealers Licensing Board estab-

lished under the Motor Vehicle Dealers Act 1973.

The Motor Vehicle Insurance Trust constituted by the

Motor Vehicle (Third Party Insurance) Act 1943.

The Municipal Clerks and Treasurers Examination Committee, the Municipal Engineers Examination Committee, the Municipal Building Surveyors Examination Committee and the Municipal Town Planners Examination Committee constituted under the Local Government (Qualification of Municipal Officers) Regulations 1961.

1984. ] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

The Multicultural and Ethnic Affairs Commission est- ablished by the Multicultural and Ethnic Affairs Commission Act 1983.

The National Parks Authority of Western Australia established by the National Parks Authority Act 1976.

The Noise Abatement Advisory Committee established

by the Noise Abatement Act 1972.

The Noise and Vibration Control Council established

by the Noise Abatement Act 1972.

The Nomenclature Advisory Committee responsible

to the Minister for Lands and Surveys.

The Nurses Board of Western Australia established

under the Nurses Act 1968.

The Occupational Therapists Registration Board of Western Australia established under the Occupa- tional Therapists Registration Act 1980.

The Optometrists Registration Board established by

the Optometrists Act 1940.

The Painters' Registration Board constituted under

the Painters' Registration Act 1961.

The Parole Board established under the Offenders

Probation and Parole Act 1963.

The Pastoral Appraisement Board constituted under

the Land Act 1933.

The Pensions Tribunal constituted under the Coal

Mine Workers (Pensions) Act 1943.

The Perinatal and Infant Mortality Committee con-

stituted under the Health Act 1911.

The Perth Theatre Trust established by the Perth

Theatre Trust Act 1979.

The Physiotherapists' Registration Board constituted

under the Physiotherapists Act 1950.

The Podiatrists Registration Board constituted under

the Podiatrists Registration Act 1984.

The Poisons Advisory Committee constituted by the

Poisons Act 1964.

The Port Hedland Port Authority established by the

Port Hedland Port Authority Act 1970.

The Potato Growing Industry Trust Fund Advisory Committee constituted by the Potato Growing Industry Trust Fund Act 1947.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

The Poultry Industry Trust Fund Committee consti- tuted under the Poultry Industry (Trust Fund) Act 1948.

The Premium Rates Committee constituted under the

Workers' Compensation and Assistance Act 1981.

Any prices advisory committee established under the Petroleum Products Pricing Act 1983.

The Primary Schools Appointments Board constituted under regulation 91 of the Education Act Regula- tions 1960.

Any professional, trade or other advisory committee established pursuant to regulation 253 of the Education Act Regulations 1960.

The Psychologists Board of Western Australia con- stituted under the Psychologists Registration Act 1976.

The Queen Elizabeth II Medical Centre Trust consti- tuted under the Queen Elizabeth II Medical Centre Act 1966.

The Quota Appeals Committee established under the

Dairy Industry Act 1973.

The Racecourse Development Trust established under

the Racecourse Development Act 1976.

The Radiological Council established under the

Radiation Safety Act 1975.

The Real Estate and Business Agents Supervisory Board constituted under the Real Estate and Business Agents Act 1978.

Any Regional Advisory Committee appointed under

section 21 of the Water Authority Act 1984.

The Retail Trade Advisory and Control Committee constituted under the Factories and Shops Act 1963.

The Rock Lobster Industry Advisory Committee con-

stituted under the Fisheries Act 1905.

The Rural Housing Authority established under the

Rural Housing (Assistance) Act 1976.

The Rural Adjustment Authority established by the Rural Reconstruction and Rural Adjustment Schemes Act 1971.

Any selection committee constituted under regulation

2.7 of the Mines Regulation Act Regulations 1976.

The Settlement Agents Supervisory Board constituted

under the Settlement Agents Act 1981.

1984.] Acts Amendment and Repeal [No. '78.

(Disqualification for Parliament).

The Small Business Development Corporation estab- lished under the Small Business Development Corporation Act 1983.

The Soil Conservation Advisory Committee constituted under the Soil and Land Conservation Act 1945.

The Solar Energy Advisory Committee established under the Solar Energy Research Act 1977.

The South West Development Authority Advisory Committee established under the South West Development Authority Act 1984.

The State Advisory Committee on Publications con- stituted under the Indecent Publications and Articles Act 1902.

The State Energy Commission of Western Australia preserved and continued by the State Energy Com- mission Act 1979.

The State Housing Commission preserved and con- tinued by the Housing Act 1980.

The Stone-Fruit Sales Advisory Committee constituted under the Agricultural Products Act 1929.

The Superannuation Board constituted under the Superannuation and Family Benefits Act 1938.

The Taxi Control Board constituted under the Taxi- cars (Co-ordination and Control) Act 1963.

Any technical college, school or centre advisory com- mittee established under regulation 256 of the Education Act Regulations 1960.

The Totalisator Agency Board constituted under the Totalisator Agency Board Betting Act 1960.

The Town Planning Appeal Committee constituted under the Town Planning and Development Act 1928.

The Town Planning Appeal Tribunal constituted under the Town Planning and Development Act 1928.

The Town Planning Board constituted under the Town Planning and Development Act 1928.

The Traffic Board established under the Road Traffic

Act 1974.

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

Any Transport Strategy Committee established under the State Transport Co-ordination Act 1981.

The Trustees of the Karrakatta Cemetery appointed under the Cemeteries Act 1897.

The Trustees of the Technical Education Division Self Supporting Activities appointed under regulation 240 of the Education Act Regulations 1960.

The Urban Lands Council responsible to the Minister for Housing.

The Veterinary Preparations and Animal Feeding Stuffs Advisory Committee established under the Veterinary Preparations and Animal Feeding Stuffs Act 1976.

The Veterinary Surgeons' Board constituted under the Veterinary Surgeons Act 1960.

Any water board constituted under the Country Areas Water Supply Act 1947 or the Water Boards Act 1904 other than a water board constituted by the appointment of the council of a munici- pality to be the water board or a water board of which all of the members are elected.

The Western Australia Marine Manning Committee established by the Western Australian Marine Act 1982.

The Western Australian Arts Council established by the Western Australian Arts Council Act 1973.

The Western Australian Coastal Shipping Commission established by the Western Australian Coastal Shipping Commission Act 1965.

The Western Australian Egg Marketing Board con- stituted under the Marketing of Eggs Act 1945.

The Western Australian Fire Brigades Board con- stituted under the Fire Brigades Act 1942.

The Western Australian Government Railways Com- mission constituted under the Government Rail- ways Act 1904.

The Western Australian Herbarium Committee responsible to the Minister for Agriculture.

The Western Australian Heritage Committee respon- sible to the Minister for the Environment.

The Western Australian Lamb Marketing Board established under the Marketing of Lamb Act 197]

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

The Western Australian Local Government Grants Commission established under the Local Govern- ment Grants Act 1978.

The Western Australian Meat Commission constituted by the Abattoirs Act 1909.

The Western Australian Meat Industry Authority established under the Western Australian Meat Industry Authority Act 1976.

The Western Australian Overseas Projects Authority established by the Western Australian Overseas Projects Authority Act 1978.

The Western Australian Post-Secondary Education

Commission established by the Western Australian

Post-Secondary Education Commission Act 1970.

The Western Australian Potato Marketing Board

constituted by the Marketing of Potatoes Act 1946.

The Western Australian Science, Industry and Tech- nology Council established under the Technology Development Act 1983.

The Western Australian Tourism Commission estab- lished under the Western Australian Tourism Commission Act 1983.

The Western Australian Tripartite Labour Consul- tative Council established under the Western Australian Tripartite Labour Consultative Council Act 1983.

The Western Australian Water Resources Council established under the Western Australian Water Resources Council Act 1982.

The Western Australian Wheat Board constituted under the Wheat Marketing Act 1979.

The Western Australian Wheat Marketing Board constituted by the Wheat Marketing Act 1947.

The Western Australian Wildlife Authority constituted under the Wildlife Conservation Act 1950.

Any wheat products prices committee constituted under the Wheat Products (Prices Fixation) Act 1938.

The Youth, Sport and Recreation Advisory Committee established under the Youth, Sport and Recrea- tion Act 1978.

The Zoological Gardens Board established under the Zoological Gardens Act 1972. ".

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

PART VI-CONSTITUTIONAL CONVENTION

ACT 1974.

Real of Act ep

No. 10 of 1974. 15. The Constitutional Convention Act 1974 is

repealed.

PART VII-ELECTORAL ACT 1907.

Section 67

amended.	16. Section 67 of the Electoral Act 1907 is
Reprinted as

approved

amended

8 December

1981 and

amended by

Acts Nos. 31

(a) in subsection (2) by deleting "In" and sub-

and 123 of 1982 and 9, 54 and 66	stituting the following
of 1983.

l( Subject to section 39 (4) of the

Constitution Acts Amendment Act

1899, in ";

(b) in subsection (3) by deleting "If" and sub- stituting the following-

" Subject to section 39 (4) of the Constitution Acts Amendment Act 1899, if "; and

(c) in subsection (4)-

(i)  by deleting "and" at the end of paragraph (a) and substituting a colon;

(ii) by deleting paragraph (b);

(iii)  by inserting after "Provided that" the following-

" , subject to section 39 (4) of the Constitution Acts Amendment Act 1899, "; and

(iv) by deleting "or appointment pub-

lished".

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

17. After section 213 of the Electoral Act 1907 fte=a2.13A

the following section is inserted-

213A. The Governor may make Irfewoutrir

certain

regulations— candidates.

(a) requiring a person who holds any office or place mentioned in Part 2 of Schedule V to the Constitution Acts Amendment Act 1899, not being an office also mentioned in Part 1 of that Schedule, and who is nominated for election under this Act to take leave of absence from that office or place and-

(i)  prescribing the period during which that leave of absence shall be taken;

(ii)  authorizing that leave of absence to be granted and taken notwithstanding any- thing contained in the Act under which that person is appointed or employed;

(iii)  providing for that leave of absence to be taken without pay except to the extent to which that person has an accrued entitlement to, and applies for, leave of absence with pay;

(b) prohibiting a person who is a member of any body mentioned in Part 3 of Schedule V to the Constitution Acts Amendment Act 1899 and who is nominated for election under this Act from attending any meeting of that body, or carrying out any function or duty as a member of that body, or receiving any salary, fees, allowances, expenses or other remuneration as a member of that body and-

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

(i)  prescribing the period during which those prohibitions shall have effect;

(ii)  providing that those prohibi- tions shall have effect notwith- standing anything to the contrary in the Act under which that person is appointed;

(iii)  providing for consequential matters in relation to member- ship of that body.

PART Yin-FREMANTLE PORT AUTHORITY

ACT 1902.

Section 18

repealed.	18.	Section 18 of the Fremantle Port Authority
Reprinted as

approved

Act 1902 is repealed.

23 July 1973

and amended

by Acts

Nos. 12 and

22 of 1978

and 78 of

'1979.

PART IX-NATIONAL PARKS AUTHORITY

ACT 1976.

Schedule

amended. 19. The Schedule to the National Parks Auth-

Act No. 19	ority Act 1976 is amended in subparagraph (3) of
of 1976.
paragraph 10 by deleting "of the State or".

PART X-SALARIES AND ALLOWANCES ACT 1975.

Section 4

amended.	20. Section 4 of the Salaries and Allowances Act
Act No. 27

of 1975	1975 is amended in subsection (1) by inserting after
as amended
by Acts	the interpretation "member" the following inter-
Nos. 89 of
1975, 63 of	pretation
1978,33 of
1979 and

34 of 1980.

" "Minister of the Crown" means a person who

holds any of the principal executive

offices of the Government liable to be

1984.] Acts Amendment and Repeal [No. 78.

(Disqualification for Parliament).

vacated on political grounds that are referred to in section 43 of the Constitu- tion Acts Amendment Act 1899; ".

21. Section 6 of the Salaries and Allowances Act dime died.

1975 is amended

(a) by inserting after subsection (5) the follow- ing subsection

l t

(5a) Notwithstanding any other pro- vision of this Act or any determination, where a person elected as a member of Parliament is a person to whom section 36 or section 37 of the Constitution Acts Amendment Act 1899 applies, that person shall not be entitled to any remuneration as such a member in respect of any period for which he remains a person to whom that section applies. "; and

(b) by inserting after subsection (6) the following subsections-

Ct (7) Where a member of Parliament

(not being a Minister of the Crown, the holder of an office with the designation "Honorary Minister", or the Parlia- mentary Secretary of the Cabinet) travels in this State or elsewhere in order to perform any duty or function as a representative of the Government or of a Minister of the Crown

(a) he is not entitled to have his fares for that travel paid by the State, or to receive reim- bursement from the State in respect of those fares, unless that payment or reimburse- ment is made-

(i) with the written approval of the Treasurer; or

No. 78.] Acts Amendment and Repeal [1984.

(Disqualification for Parliament).

(ii) under arrangements made under section 11A (1);

(b) he is not entitled to receive any remuneration from the State in respect of accom- modation or other expenses incurred in the course of or in connection with that travel other than an allowance payable in accordance with a determination made by the Tribunal.

(8) Where a payment or reimburse- ment in respect of the fares of a member of Parliament is made with the approval of the Treasurer as referred to in subsection (7) (a) (i), no payment or reimbursement shall be made in respect of those fares under arrangements made under section 11A (1), but that payment or reimburse- ment shall not be regarded as being in satisfaction of any part of the entitle- ments of the member under those arrangements. ".

PART XI-WATERWAYS CONSERVATION ACT 1976.

Section 18

amended.	22. Section 18 of the Waterways Conservation
Act No. 131

of 1976

Act 1976 is amended in subsection (3) by deleting

as amended

by Acts

"of the State or".

Nos. 16

of 1930 and

97 of 1982.