Australasian Federation Enabling Act 1896 (WA)

Oil totem attotratta.

ANNO SEXAGESIMO

VICTORIA] REGI

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No. XXXII.

AN ACT to enable Western Australia to take

part in the Framing, Acceptance, and Enact-

ment of a Federal Constitution for Australasia.

[Assented to, nth October, 1,c196.]

HEREAS it is proposed that legislative provision shall be made and enactment of a Federal Constitution for Australasia : AndWby the Australasian Colonies for the framing •, acceptance,	Preamble.
whereas it is desirable to enable Western Australia to take part in the framing, acceptance, and enactment of the said Constitution : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in Parliament assembled, and by the authority of the same, as follows :—
1. THIS Act may be cited as the Australasian Federation Enabling Act of 1896.	Short title.

opposite to them respectively :— 2. IN this Act the following terms bear the meanings set Interpretation.

" Assembly "—The Legislative Assembly of Western Australia

60° VICTORLE, No. 32.

Australasian Federation .Enabling Act.

" Colonies "—The Colonies of New South Wales, New Zealand, Queensland, Tasmania, Victoria, and Western Australia, and the Province of South Australia, including the Northern Territory ;

" Convention "—The Convention provided for by this Act ; " Council "—The Legislative Council of Western Australia ; " Governor "—The officer administering the Government,

acting on the advice of the Executive Council ;

" Prescribed "—Prescribed by Regulation made under this

Act ;

" Western Australian Representatives "—The Representatives

of Western Australia in the Convention ;

" Treasurer "—The Colonial Treasurer of -Western Australia.

Chief objects. 3. THE chief objects of this Act are to provide as follows:—

(I .) For the representation of -Western Australia in a Con- vention to be assembled for the purpose of framing a Federal Constitution for Australasia, and consisting of ten Representatives of each Colony ;

(2.) For transmitting the Constitution for Legislative enact-

ment by the Imperial Parliament.

4.      THIS Act shall come into operation on a day to be fixed by

Commencement. Proclamation.

Parts. 5. THIS Act is divided into three parts, as follows :-

PART L—THE CONVENTION;

PART IL—ADOPTION OF CONSTITUTION AND TRANSMIS

SION FOR LEGISLATIVE ENACTMENT;

PART III.—SUPPLEMENTAL.

PART I.—THE CONVENTION.

6. FOR the purpose of the representation of Western Australia

Ton	members
mem to be .

elected.	in the Convention, ten Representatives shall be chosen in the manner hereinafter provided, whose duty it shall be to take part in the proceedings of a Convention to be assembled and held subject to the
First Schedule.	conditions set forth in the First Schedule to this Act.

Members. 7. EVERY person qualified and entitled to vote for the

election of a member of the Assembly, and no other person, shall be capable of being nominated for membership of the Convention as a -Western Australian Representative.

60° VICTORIA?, No. 32.

Australasian Federation Enabling Act.

8. THE seat of a Western Australian Representative shall be Vacancies.

vacated

(1.)	By resignation under his hand addressed to the Governor ;
(2.)	By failure, without leave of absence from the Convention,

to attend any five sittings thereof ;

(3.) By any circumstance, other than resignation or absence, which in the case of a member of the Assembly would vacate his seat therein.

EVERY vacancy occurring pursuant to the preceding section shall forthwith be filled by a fresh election. Vacancies,bow

9.

THE first election of Western Australian Representatives

the same as the clay of first election of Representatives of other

Colonies.

shall take place on a day, as nearly as may he conveniently practicable, Firet election. 10.

FOR the purposes of such election, the Colony of Western Australia shall be one electorate.	Whole Colony to be
one electorate.

11.

THE Governor may appoint, by commission under his hand and seal, a fit person to be Returning Officer. Returning Officer.

12.

Every such appointment shall be notified in the Government

Gazette.

In case of sickness or other cause preventing any Returning Officer from acting at any election, the Governor may appoint some person to act as deputy Returning Officer in his stead.

THE Governor may from time to time direct writs to the Returning Officer for the election of a Western Australian Repre-	Writs, nomination,
and polling.
sentative or Representatives, which writs shall specify that

13.

(a.) The place of nomination and polling shall be the

Legislative Assembly Chamber, Perth.

(b.) The poll shall be taken between the hours of ten o'clock

in the forenoon and noon only.

Not less than fifteen days shall respectively elapse between

(a.) The date of the writ and the clay of nomination ;

(b.) The day of nomination and the day of polling.

A copy of every such writ shall be forthwith published in the

Government Gazette.

14. IN order that any person may be or become a. candidate at Ho,

an election. he shall be nominated by not less than twenty persons, becomoeearnihlatur P

60° VICTORVE, No. 32.

Australasian Federation Enabling Act.

---------- -

each of whom is entitled to vote at the election of a member of

the Assembly for some electoral district within the Colony, in

manner following. that is to say—Before six o'clock after noon of

the day of nomination named in the writ, there shall he delivered to

the Returning Officer, who shall, if required, give a receipt for the

same, a nomination paper naming such person as a candidate at such

election and signed by him and the persons nominating him, in the

followino. form :—

The Australasian Federation Enabling Ad of 1896,

Form of nomination

We, the undersigned persons qualified and entitled to vote for the

election of a member of the Legislative Assembly of the Colony of Western

Australia, do hereby nominate [state Christian name and surname], of

[state residence and occupation], for the office of Western Australian

Representative for the said Colony.

[Here are to follow the signatures, with name of roll on. which the nominator

is registered, and his number on the roll.]

I hereby consent to be nominated, and if elected, to serve as a Western

Australian Representative.

[Signature of person nominated.]

15.     NO payment of money shall be required to be made to the

No money depo

required. t Returning Officer in respect of any nomination.

16.      AS soon as possible after six o'clock after noon of the day

Advertisements	and of nomination, the Returning Officer shall advertise in the Govern-
intimations.

ment Gazette the names of all the persons nominated, and shall deliver or send to every member of the Council and Assembly a list of such names, and an intimation of the place, day, and hour at

and on which the polling for the election will be held.

17.     UPON the day appointed for the polling, the members of

Number of members, the Council and Assembly, sitting and voting together, may elect

by ballot from among the persons respectively nominated ten members to represent the Colony of -Western Australia in the Convention.

How member not18. ANY member of the Council or Assembly may, by a

present may vote. writing under his hand, or by telegraph message under the

provisions of the Telegraphic Messages Act, 1874, addressed to the Returning Officer, and delivered to him at or before the time of election, indicate the persons for whom he desires to vote, and the votes so given shall be added to the votes given by ballot.

THE names of the persons so elected shall be endorsed upon the writ by the Returning Officer, who shall return the writ so endorsed to the Governor, and the names of the persons so endorsed

19.

Endorsement and

return of writs.

60" VicrouliE 9 No. 32.

Australasian Federation Enabling Art.

shall be published in the Government Gazette. Such publication

shall be conclusive evidence of their election and of their qualifica-	Evidence.
tion as Western Australian Representatives.

20.

IN the event of an equality of votes for two or more persons, the Returning Officer shall report the fact to the Governor, and a second ballot for such persons shall take place and the same procedure followed as in the first ballot.	Equality of votes.
The election of every person so determined shall be published in the Government Gazette as hereinbefore provided.

21.      THE members of the Council and Assembly voting shall, Full number of mein-

in every case, vote for the full number of ten members to be elected, hers to ho voted for.

and every ballot-paper which contains a greater or a lesser number

of candidates not struck out than the ten members to be elected,

shall be rejected at the close of the poll.

UNLESS and until otherwise prescribed, the laws relating to the conduct of elections under the Electoral Act, 1895, the pm- rail laws.	A)	plication of gene-
i
ceedings before and at and subsequent to such elections, electoral offences, and all incidental matters shall apply mantis mutandis to the election of Western Australian Representatives.

22.

AS soon as convenient after a draft Constitution has been prepared by the Convention, and has been received by the Governor, Submission of DraftConstitution to both

23.

it shall be submitted for consideration to each House of Parliament Houses of Parlia-

sitting in Committee of the Whole, and such amendments as may be ment.

desired by either House, together with the draft Constitution, shall

be remitted to the Convention through one of the Western

Australian Representatives.

EACH Western Australian Representative shall cease to hold office at the expiration of fourteen days after the proceedings of	Expi	ration of term of
office.
the Convention have closed.

24.

EACH Western Australian Representative shall be entitled during his term of office to payment for his services at such rate Payment of repro-	sentatives.
as the Governor may determine, to be paid by the Treasurer out of the Consolidated Revenue. The position of a Western Australian
profit
of profit or emolument or of employment in the public service, within the meaning of any law now or hereafter in force in the Colony of Western Australia.

25.

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Australasian Federation Enabling Act.

Payment of expenses26. WESTERN Australia shall contribute to the payment of of Convention. the expenses of the meeting and proceedings of the Convention in.

the proportion which the population of Western Australia bears to the total population of the Colonies represented at the Convention, and the Treasurer shall make such payment accordingly out of the Consolidated Revenue.

Draft Constitution to 27. WHEN a draft Constitution, as finally adopted by the

be published in	Convention, has been received by the Governor, a copy thereof shall
Western Australia
and laid before	be laid before Parliament, and the Governor may also cause the same
Parliament.	to be published and made known throughout -Western Australia in such manner as he may think best adapted to inform the people of the provisions thereof.

To be submitted to 28.

THE draft Constitution, as finally adopted by the Conven- tion, if approved by Parliament, shall be submitted for the decision of the electors for the Legislative Assembly of Western Australia by their vote ; and if a majority of the electors voting on such question signify their approval of such Constitution, the same may be adopted by the Colony, provided that any number of votes in the affirmative less than six thousand shall be equivalent to the rejection of the Constitution.

electors.

PART IL—ADOPTION OF CONSTITUTION FOR TRANSMISSION FOR

LEGISLATIVE ENACTMENT.

Addresses to the 29. THE adoption of the Constitution by Western Australia may

Queen. be signified by the passing of an Act or by a joint resolution of both Houses of Parliament, and both Houses may thereupon adopt Addresses to the Queen praying that the Constitution may be passed into law by the Imperial Parliament, subject to the adoption of similar addresses by at least two other Colonies, of which New South Wales shall be one.

WHEN Addresses have been agreed to, pursuant to the

preceding section, the same shall be transmitted to the Queen with a

certified copy of the Constitution.

Transmission. 30.

PART HE—SUPPLEMENTAL.

31. THE Governor may from time to time, by Proclamation,

Regulations. make Regulations not inconsistent herewith, for the purpose of carrying into effect such provisions of this Act as relate to -Western Australia.

60° VICTORIA], No. 32.

Australasian Federation Enabling Act.

Gazette, and on such publication shall have the force of law ; and all Publication of Penn- 32. ALL such Regulations shall be published in the Government

such Regulations shall be laid before both II ouses of Parliament within fourteen days after the making thereof, if Parliament be then sitting, or if Parliament be not then sitting, within fourteen clays after the next meeting of Parliament.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

VICTORTIE, No. 32.

Australasian Federation Enabling Act.

THE FIRST SCHEDULE.

Constitution of Con- 1. The Convention shall consist of ten Representatives of each Colony repre-

vention.	sented.
Meeting of Conven-	2. When the first elections have been held in three or more Colonies, a meeting of the Convention shall be convened for a time and place agreed to by the Governors of such Colonies, and, in default of agreement, at such time and place as a majority of such Governors shall decide, or, in case of an equal division, as the Governor of the senior of such Colonies shall fix.
tion.

3. The Convention may adopt Standing Orders, and may provide for keeping

Procedure. and publishing records and journals of its proceedings, and for the conduct of its

business, in such manner as shall he thought fit ; and, until otherwise provided, the proceedings of the Convention shall be regulated by the Standing Orders and practice of the House of Commons so far as applicable.

4. The Convention shall be charged with the duty of framing for Australasia

Convention to frame

a Federal Constitution under the Crown in the form of a Bill for enactment by the 5. The Convention shall at its first meeting, before proceeding to the despatch

Constitution.

Imperial Parliament.

President.

of any other business, elect a Member of such Convention to be President thereof.

6. The President may resign his Office, or he may be removed from Office by

Resignation or re-

a vote of the Convention; and upon his ceasing to be a Member of the Convention 7. In the case of the absence of the President the Convention may choose

moval of President.

his Office shall become vacant.

Absence of Preside

some other Member to perform his duties during his absence.

8. Whenever a vacancy shall occur in the Office of President, such vacancy

Supply of vacancy shall forthwith be filled by a fresh election.

9. The presence, exclusive of the President, of at least one-half of the total

Quorum.

number of the Members of the Convention shall be necessary to constitute a

meeting of the Convention for the exercise of its powers.

10. The Convention may temporarily delegate any of its powers to any

Conlin tees.

Committee of its Members, but the Constitution shall be submitted to and

approved by the Convention.

11. Questions arising in the Convention shall be decided by a majority of the votes of the Members present, other than the President ; and when on any division the votes are equal, but not otherwise, the President shall have a vote, and his vote shall decide the question.

Voting.

Adjournment of Con-

12. When the Constitution shall have been framed and approved by the Convention, two copies thereof shall be supplied to each of the Members of the Convention, and six copies thereof to the Governor of Western Australia, and the President shall declare the sitting of the Convention adjourned to a time and place to be fixed by the Convention, not being less than sixty nor more than one hundred and twenty days thereafter.

vention.

13. On the re-assembling of the Convention, the Constitution as framed and

Re-assembling of

approved prior to the adjournment shall be considered, with any amendments

Convention.

which may be proposed, and shall be finally adopted with any amendments that

may be agreed to.

Final adoption. as required by the preceding section, and shall have disposed of all incidental 14. So soon as the Convention shall have finally adopted a Federal Constitution business, two copies thereof, certified by the President, shall be supplied to each of the Members of the Convention, and six copies certified in like manner shall be forwarded to the Governor of Western Australia, and the President shall declare the proceedings of the Convention closed.

By Authority : Rtcuaup PETHER, Government Printer, Perth.