Constitution Acts Amendment Act 1899 (WA)

Western Australia

Western Australia

Constitution Acts Amendment Act 1899

An Act to amend the Constitution Act 1889, and to amend and consolidate the Acts amending the same.

Preamble

Whereas by the Constitution Act 1889, it is provided that the Legislature of Western Australia shall have full power and authority from time to time to repeal or alter any of the provisions of the said Act:   And whereas it is expedient to amend the said Act and to amend and consolidate the Acts amending the same:   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 this present Parliament assembled, and by the authority of the same, as follows: —

[Heading inserted: No. 19 of 2010 s. 43(2).]

This Act may be cited as the Constitution Acts Amendment Act 1899.

The enactments mentioned in the First Schedule hereto are thereby repealed to the extent therein stated.

For the purposes of this Act —

Her Majesty means, when not repugnant to the context, Her Majesty, her heirs and successors.

Governor in Council means the Governor acting with the advice of the Executive Council.

Minister means the Minister charged with the execution of this Act.

Treasurermeans the Treasurer of the State for the time being.

Person means an individual of either sex.

[Section 3 amended: No. 7 of 1920 s. 2; No. 46 of 1963 s. 8; No. 59 of 1978 s. 9.]

[4.           Deleted: No. 10 of 1998 s. 76.]

[Heading inserted: No. 19 of 2010 s. 44(2).]

(1)      The Legislative Council is to consist of 37 elected members.

(2)      Those members are to be returned and sit for the whole of the State.

[Section 5 inserted: No. 20 of 2021 s. 6.]

[6.           Deleted: No. 1 of 2005 s. 7(3).]

[7.           Deleted: No. 64 of 2006 s. 4.]

(1)      In this section —

general election means a general election for the Legislative Council;

member means a member of the Legislative Council.

(2)      The seat of a member elected at a general election shall become vacant at the expiration of the period of 4 years beginning on 22 May next following the day of his election as member.

(3)      A member elected at a general election shall not sit or vote before 22 May next following the day of his election as member.

(4)      Where a general election fails wholly or partially or is declared to be absolutely void —