Acts Amendment (Electoral Provinces and Districts) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(ELECTORAL PROVINCES

AND DISTRICTS).

No. 13 of 1981.

AN ACT to amend the Constitution Acts Amend- ment Act 1899-1980 and the Electoral Districts Act 1947-1975.

{Assented to 22 May 1981.]

BE it enacted by the Queen's Most Excellent Majesty, 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:—

This Act may be cited as the Acts Amendment (Electoral Provinces and Districts) Act 1981.

Short title.

PART I-CONSTITUTION ACTS AMENDMENT ACT

1899-1980.

2. (1) In this Part the Constitution Acts Citation.

Amendment Act 1899-1980 is referred to as the principal Act.

No. 13.]

Acts Amendment (Electoral

[1981.

Provinces and Districts).

Reprinted as

approved	(2) The principal Act as amended by this Act
18 May 1971.

Amended by	may be cited as the Constitution Acts Amendment
Acts Nos.
9 of 1972,	Act 1899-1981.
52 of 1973, 30 of 1974, 15, 71, 86 and 111 of
1975, 26 of 1977,59 of 1978 and 4 and 5 of 1980.
Section 5

substituted.

3. Section 5 of the principal Act is repealed and

the following section is substituted-

Constitution

of Legislative	" 5. The Legislative Council shall consist of
Council.

32 elected members until 21 May 1983; who shall be returned and shall sit for Electoral Provinces as defined pursuant to section 6 of this Act. " .

(b)

34 elected members after 21 May 1983,

(a)

Section 6

amended.

4. Section 6 of the principal Act is amended by repealing subsections (1) and (la) and substituting the following subsections-

" (1) Until 21 May 1983 the State shall be divided into 16 Electoral Provinces under the Electoral Districts Act 1947 and shall return in all 32 members to serve in the Legislative Council.

(la) On and after 21 May 1983 the State shall be divided into 17 Electoral Provinces under the Electoral Districts Act 1947 and shall return in all 34 members to serve in the Legislative Council. " .

Section 8B

amended.

5. Section 8B of the principal Act is amended— (a) in subsection (1)-

(i) by deleting "Electoral Districts Act, 1947-1975" and substituting the following-

" Electoral Districts Act 1947- 1981 " ;

1981.]

Acts Amendment (Electoral

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Provinces and Districts).

(ii) by deleting "Electoral Districts Act, 1947-1965" and substituting the following-

" Electoral Districts Act 1947-

1975 " ; and

(iii) by deleting "Electoral Districts Act Amendment Act, 1975" and substitut- ing the following

CC Acts Amendment (Electoral

Provinces and Districts) Act

1981 " ;

(b) in subsection (2)-

(i) by deleting "Electoral Districts Act, 1947-1975" and substituting the following-

" Electoral Districts Act 1947-

1981 " ; and

(ii) by deleting "the thirtieth day of September, nineteen hundred and seventy-five" and substituting the following-

" 18 May 1981 ).2 ;

(i) by deleting "five" and substituting the following-

" six " ; and

(ii) in paragraph (a), by deleting "the twenty-first day of May, nineteen hundred and eighty" and substitut- ing the following-

" 21 May 1986 " ;

(d)	in subsection (4), by deleting "the twenty- first day of May, nineteen hundred and

No. 13.]

Acts Amendment (Electoral

[1981.

Provinces and Districts).

seventy-seven until the twenty-first day of May, nineteen hundred and eighty" and substituting the following-

" 21 May 1983 until 21 May 1986 " ;

(e)	in subsection (5), by deleting "the thirtieth day of September, nineteen hundred and seventy-five" and substituting the following-

" 18 May 1981 " ;

(f) in subsection (6), by deleting "the twenty- first day of May, nineteen hundred and seventy-seven until the twenty-first day of May, nineteeen hundred and eighty" and substituting the following-

" 21 May 1983 until 21 May 1986 " ;

(g) in subsection (8)-

(i) by deleting "five" and substituting the following-

" six " ; and

(ii) in paragraph (d), by deleting "the twenty-first day of May, nineteen hundred and seventy-seven until the twenty-first day of May, nineteen hundred and eighty" and substitut- ing the following-

" 21 May 1983 until 21 May

1986 " ;

(h)	in subsection (10) by deleting "the twenty- first day of May, nineteen hundred and eighty" and substituting the following-

" 21 May 1986 " ; and

(i) in subsection (11)-

(i) by deleting "the twenty-first day of May, nineteen hundred and eighty" and substituting the following-

" 21 May 1986 " ;

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Acts Amendment (Electoral

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Provinces and Districts).

(ii) by deleting "Electoral Districts Act Amendment Act, 1975" and substi- tuting the following-

" Acts Amendment (Electoral Provinces and Districts) Act 1981 " ; and

(iii) by deleting "the twenty-first day of May, nineteen hundred and seventy- four" and substituting the follow- ing

" 21 May 1980 " .

6. Section 18 of the principal Act is repealed and ?teibtsi?illuitsed.

the following section is substituted-

" 18. The Legislative Assembly shall consist Or Legislati

of—

Assembly.

(a)	55 members until the dissolution of that House or the expiry thereof by effiuxion of time first occurring after 31 December 1982; and

(b) 57 members thereafter.

Section 19

7. Section 19 of the principal Act is repealed and

substituted.

the following section is substituted

Electoral

19. The State shall be divided into

Districts.

(a)	55 Electoral Districts until the disso- lution of the Legislative Assembly or the expiry thereof by effluxion of time first occurring after 31 December 1982; and
(b)	57 Electoral Districts thereafter, under the provisions of the Electoral Districts Act 1947, each returning one member to serve in the Legislative Assem- bly. " .

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Acts Amendment (Electoral

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Provinces and Districts).

Section 47

amended.

8. Section 47 of the principal Act is amended in

subsection (1)-

(a)	by deleting "provisions of the Constitution Acts Amendment Act (No. 2), 1975 or the Electoral Districts Act Amendment Act, 1975" and substituting the following

ft Acts Amendment (Electoral Provinces

and Districts) Act 1981 " ; and

(b)	in paragraph (a), by deleting "the Constitution Acts Amendment Act (No. 2), 1975" and substituting the following-

" that Act "

Section 47A

substituted.

9. Section 47A of the principal Act is repealed

and the following section is substituted-

Special

provision	" 47A. On the occasion after the coming into
for election
of one	operation of the Acts Amendment (Electoral
member to
Legislative	Provinces and Districts) Act 1981 of an election
Council for
term of	being conducted to elect 7 members to sit and
3 years.	vote for the Legislative Council for Electoral Provinces within the Metropolitan Area for a term of 6 years commencing on 21 May 1983, there shall also be conducted in respect of the Electoral Province for which no member has been declared or allotted to sit and vote until 21 May 1986 under section 8B of this Act, an election to elect one member to sit and vote for that Electoral Province for a term of 3 years commencing on 21 May 1983. " .
PART II-ELECTORAL DISTRICTS ACT 1947-1975.
Reprinted

Citation.

10. (1) In this Part the Electoral Districts Act

as app

1947-1975 is referred to as the principal Act.

14 July 1977.

(2) The principal Act as amended by this Act

may be cited as the Electoral Districts Act 1947-

1981.]

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Section 3

11. Section 3 of the the principal Act is amended

amended.

in subsection (1)-

(a)	by deleting "Electoral Districts Act Amend- ment Act, 1975" and substituting the following-

" Acts Amendment (Electoral Provinces

and Districts) Act 1981 " ; and

(b)	in paragraph (a), by deleting "fifty-five" and substituting the following-

" 57

12. Section 4 of the principal Act is amended in =Tel

paragraph (b)

(a)	by deleting subparagraph (i) and substitut- ing the following subparagraph-

" (i) the Metropolitan Area as the area consisting of the portions of land described in Schedule 1 to this Act; " ; and

(b)	by deleting subparagraph (ii) and sub- stituting the following subparagraph

(ii) the North-West-Murchison-Eyre Area as that area contained in the boundaries of the electoral districts of Gascoyne, Kimberley, Murchi- son-Eyre and Pilbara as described by the Commissioners in their final recommendations published in the Government Gazette dated 9 June

1976; " .

13. Section 6 of the principal Act is amended— amended.

(a)	in paragraph (a), by deleting "twenty- seven" and substituting the following-

" 30 " ; and

(b)	in paragraph (b), by deleting "twenty- four" and substituting the following-

" 23 " .

No. 13.]

Acts Amendment (Electoral

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Provinces and Districts).

Section 7

amended.

14. Section 7 of the principal Act is amended by repealing subsection (2) and substituting the following subsection-

" (2) The North-West-Murchison-Eyre Area as described in section 4 of this Act shall be divided by the Commissioners into

(a) 4 electoral districts comprising-

(i) the electoral districts of Gas- coyne and Murchison-Eyre having the boundaries described in respect of those electoral districts by the Commissioners in their final recommendations published in the Government Gazette dated 9 June 1976;

(ii) the electoral district of Kim- berley, being the portion of land contained in the boundaries of the electoral district of Kim- berley as described by the Commissioners in their final recommendations published in the Government Gazette dated

9 June 1976 together with the

portion of land described in

Schedule 2 to this Act; and

(iii) the electoral district of Pilbara, being the portion of land contained in the boundaries of the electoral district of Pilbara as described by the Commis- sioners in their final recom- mendations published in the Government Gazette dated

9 June 1976 with the exception

of the portion of land described

in Schedule 2 to this Act; and

(b)	2 electoral provinces, one consisting of the electoral districts of Gascoyne and Murchison-Eyre as referred to in paragraph (a) of this subsection and the other consisting of the electoral

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Acts Amendment (Electoral

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districts of Kimberley and Pilbara as determined in accordance with that paragraph. " .

Section

15. Section 8 of the principal Act is amended

amended.

(a)	in subsection (1), by deleting "Subject to subsection (2) of this section, in" and substituting the following-

" In " ; and

(b) by repealing subsection (2).

16 Section 9 of the principal Act is repealed and substituted.

the following section is substituted-

" 9. Subject to subsection (2) of section 7 pr,

oc,,,Teajs.

of this Act, as from the date of the coming into operation of the Acts Amendment (Electoral Provinces and Districts) Act 1981, the Commissioners shall divide the State into 17 electoral provinces, and shall from time to time in accordance with this Act adjust the boundaries of the 17 electoral provinces so referred to, having regard to their proposed division of the State into 57 electoral districts, so that

(a)	there shall be 7 electoral provinces in the Metropolitan Area as referred to in section 4 of this Act, each of which shall consist of 4 or 5 complete and contiguous electoral districts contained in that area;
(b)	there shall be 8 electoral provinces in the Agricultural, Mining and Pastoral Area referred to in section 4 of this Act, each of which shall-

(i) consist, as far as possible, of 2 or 3 complete and contiguous electoral districts contained in that area; and

No. 13.]

Acts Amendment (Electoral

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Provinces and Districts).

(ii)contain, to the extent considered practicable by the Commissioners, approximately the same area as it contained immediately prior to that date; and

each of the 2 electoral provinces in the

(c)	North-West-Murchison-Eyre Area as referred to in section 4 of this Act shall consist of 2 complete and contiguous electoral districts contained in the North-West-Murchison-Eyre Area in accordance with paragraph (b) of subsection (2) of section 7 of this

Act. " .

Section 10

amended.

17. Section 10 of the principal Act is amended

(a)	in subsection (1), by deleting "the first day of June, nineteen hundred and seventy-six" and substituting the following-

" 31 December 1981 " ; and

(b)	in subsection (2), by deleting "the thirtieth day of September, nineteen hundred and seventy-five" and substituting the following-

" 18 May 1981 "

Section 12

amended.

18. Section 12 of the principal Act is amended, in paragraph (c) of subsection (6), by inserting after "Order in Council" the following

and any by-election for the Legislative Council held at the same time as that general election " .

Schedule

amended.

19. The Schedule to the principal Act is

amended

(a)

inserting

after

the

heading

"SCHEDULE" the following-

„

;

1981.]

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(b)	by inserting below the heading "Metro- politan Area." the following heading-

" Part 1. " ; and

(c)	by adding, at the end, the following Parts-

" Part 2.

All that portion of land bounded by lines starting from the intersection of the centre line of Gnangara Road with the prolongation easterly of the easternmost northern boundary of the north-western severance of Swan Location 2288, a point on a northern boundary of the area described in Part 1 of this Schedule and extend- ing westerly to and along that boundary to the pro- longation southerly of the easternmost eastern bound- ary of the southern severance of Location 1826; thence northerly to and northerly, westerly and again northerly along boundaries of that severance and onwards to the centre line of Badgerup Road; thence north-easterly, generally northerly and again north-easterly along that centre line to the prolongation southerly of the centre line of Hawkins Road; thence northerly to and along that centre line to the prolongation easterly of the centre line of Trichet Road; thence westerly to and westerly, south-westerly and again westerly along that centre line to the centre line of Franklin Road; thence northerly along that centre line to the prolongation easterly of the centre line of Caporn Street; thence westerly to and along that centre line and onwards to the centre line of Pinjar Road; thence north- easterly and generally northerly along that centre line to the prolongation north-easterly of the centre line of Clarkson Avenue; thence south-westerly to and along that centre line and onwards to the centre line of Wanneroo Road; thence generally north-westerly along that centre line to the prolongation north-easterly of the centre line of Burns Beach Road; thence south- westerly to and generally south-westerly along that centre line to the easternmost north-eastern boundary of Reserve 11630; thence north-westerly and south- westerly along boundaries of that Reserve and onwards to the low water mark of the Indian Ocean, thence generally south-easterly along that mark to the pro- longation westerly of the southern boundary of Lot M1722 of Location 1370, a point on a northern bound- ary of the area described in Part 1 of this Schedule and thence easterly, generally south-easterly and gen- erally easterly along boundaries of that area to the starting point.

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Acts Amendment (Electoral

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Provinces and Districts).

Part 3.

All that portion of land bounded by lines starting from the intersection of the prolongation southerly of the eastern boundary of Swan Location 5199 with a south- western boundary of part of Lot 98 of Location 1315 as shown on Land Titles Office Diagram 55514, a point on an eastern boundary of the area described in Part 1 of this Schedule and extending generally south- easterly along boundaries of that part lot to the western corner of part Lot 99 as shown on Land Titles Office Diagram 55514; thence south-easterly along the south- western boundary of that part lot to its southern corner; thence south-easterly to the western corner of part Lot 3 as shown on Land Titles Office Diagram 55514; thence south-easterly along the south-western boundary of that part lot to its southern corner; thence south- easterly to the westernmost south-western corner of the north-western severance of Lot 23 of Locations H, I, K and 1315 as shown on Land Titles Office Plan 12769; thence south-easterly along the south-western bound- ary of that severance and onwards to the westernmost north-western corner of the southern severance of Lot 23; thence generally south-easterly along boundaries of that lot and onwards to the centre line of Marshall Road, a point on a northern boundary of the area described in Part 1 of this Schedule and thence generally westerly, northerly, westerly and again northerly along boundaries of that area to the starting point.

Part 4.

All that portion of land bounded by lines starting from the intersection of the centre line of the Perth- Armadale Railway Reserve with the prolongation south- westerly of the centre line of Mountain View Avenue, a point on an eastern boundary of the area described in Part 1 of this Schedule and extending north-easterly along that prolongation to the centre line of Albany Highway; thence generally southerly and generally south-easterly along that centre line to the prolonga- tion north-easterly of the centre line of South Western Highway; thence south-westerly to and generally south- westerly and generally southerly along that centre line to the prolongation easterly of the centre line of the eastern section of Eleventh Road; thence westerly to and along that centre line and onwards to the prolonga- tion south-easterly of the centre line of the western section of Eleventh Road; thence north-westerly to and generally north-westerly along that centre line to the centre line of Forrest Road, a point on a southern boundary of the area described in Part 1 of this Schedule and thence generally north-easterly and gen- erally northerly along boundaries of that area to the starting point.

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Part 5.

All that portion of land contained within the bound- aries of the Electoral District of Rockingham as deter- mined by the Commissioners in their final recommenda- tions published in the Government Gazette dated 9 June 1976. " .

20. The principal Act is amended by adding, at =1,11e2

the end, the following Schedule-

" SCHEDULE 2

S.7.

Area to be transferred from Pilbara Electoral District to

Kimberley Electoral District.

All that portion of land bounded by lines starting at the intersection of the surveyed line of the Number One Rabbit Proof Fence Reserve (Reserve 12297) with South Latitude 23 degrees 26 minutes 30 seconds, the southern- most south-western corner of the electoral district of Kimberley as described by the Commissioners in their final recommendations published in the Government

Gazette dated 9 June 1976 and extending west along

that latitude to a point situate north of Mount Blair; thence north-easterly to Larrey Point and onwards to the Low Water Mark of the Indian Ocean; thence generally north-easterly along that Low Water Mark to South Latitude 19 degrees 30 minutes, a south-western corner of the electoral district of Kimberley as so described and thence east, south and generally southerly along boundaries of that electoral district as so described to the starting point. " .