Constitution Acts Amendment Act (No. 2) 1975 (WA)

WESTERN AUSTRALIA.

CONSTITUTION ACTS AMENDMENT (No. 2).

No. 71 of 1975.

AN ACT to amend the Constitution Acts Amend-

ment Act, 1899-1975.

[Assented to 7th November, 1975.]

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:—

1. (1) This Act may be cited as the Constitution rti /c,i3rt title

Acts Amendment Act (No. 2), 1975. citation.

(2) In this Act the Constitution Acts Amendment as iacp r ipnrtoevde d

Act, 1899-1975, is referred to as the principal Act. far gynt

amended by 1971, and

(3) The principal Act as amended by this Act Acts lir' 9

may be cited as the Constitution Acts Amendment Noof 1974

Act, 1899-1975. and 15 of 1975.

No. 71.] Constitution Acts Amendment [1975.

(No. 2).

Section 5

repealed and 2. Section 5 of the principal Act is repealed and

re-enacted.	re-enacted as follows-
Constitution

or Legisla-	5.	The Legislative Council shall consist of
tive

Council.	(a) thirty elected members until the twenty-first day of May, nineteen hundred and seventy-seven;
(b) thirty-two elected members on and after the twenty-first day of May, nineteen hundred and seventy-seven,

who shall be returned and shall sit for Electoral Provinces as defined pursuant to section six of this Act. .

Section 6

Subsection (1) of section 6 of the principal Act is repealed and the following subsections substituted

amended. 3.

(1) Until the twenty-first day of May, nineteen hundred and seventy-seven, the State shall be divided into fifteen Electoral Provinces under the provisions of the Electoral Districts Act, 1947, and return in all thirty members to serve in the Legislative Council.

(1a) On and after the twenty-first day of May, nineteen hundred and seventy-seven the State shall be divided into sixteen Electoral Provinces under the provisions of the Electoral Districts Act, 1947 and shall return in all thirty-two members to serve in the Legislative Council. .

Section 8B

repealed and 4. Section 8B of the principal Act is repealed

re-enacted.	and re-enacted as follows-
Allocation

of Electoral	8B. (1) In this section
Provinces in

Metropolitan	"new Metropolitan Electoral Province" the Metropolitan Area as defined by the Electoral Districts Act, 1947-1975, the name and boundaries of which are set out in the final report and recom- mendations of the Electoral Commis- sioners forwarded pursuant to section ten of that Act;
Area to

sitting	means an Electoral Province within
members.

1975.] Constitution Acts Amendment [No. 71.

(No. 2).

"old Metropolitan Electoral Province" means an Electoral Province within the Metropolitan Area as defined by the Electoral Districts Act, 1947-1965 as in force immediately before the coming into operation of the Electoral Districts Act Amendment Act, 1975.

(2) It shall be the duty of the Chief Electoral Officer as soon as practicable after the Electoral Commissioners have forwarded their final report and recommendations for the division of the State into Electoral Districts and Electoral Provinces pursuant to section ten of the Electoral Districts Act, 1947-1975, to ascertain each of the new Metropolitan Electoral Provinces which would, if it had existed on the thirtieth day of September, nineteen hundred and seventy-five, have contained more than fifty percentum of the electors as were contained within any particular old Metropolitan Electoral Province which existed on that day, and

(a)	if any such new Metropolitan Electoral Province is so ascertained, forthwith thereafter to publish in the Government Gazette a notice specify- ing the name of each new Metropolitan Electoral Province so ascertained together with the name of the relevant old Metropolitan Electoral Province; or
(b)	if no such new Metropolitan Electoral Province is so ascertained, forthwith thereafter to publish in the Government Gazette a notice to that effect.

(3) Subject to subsection (10) of this section, within fourteen days after the date of the publication in the Government Gazette of the notice under paragraph (a) or paragraph (b) of subsection (2) of this section, as the case requires, each of the five members of the Legislative Council who-

No. 71.] Constitution Acts Amendment [1975.

(No. 2).

(a)	is not required to vacate his seat until the twenty-first day of May, nineteen hundred and eighty; and
(b)	was sitting and voting for an old Metropolitan Electoral Province,

shall make written application to the Governor specifying the new Metropolitan Electoral Province for which he desires to sit.

(4) Subject to subsection (5) and subsection (6) of this section, where such a member

(a)	applies for a new Metropolitan Electoral Province which is specified in the notice published under paragraph (a) of subsection (2) of this section to contain more than fifty percentum of the electors within the old Metropoli- tan Electoral Province for which he is then sitting; or
(b)	is the only member applying to sit for a new Metropolitan Electoral Province,

the Governor shall as soon as practicable after the period referred to in subsection (3) of this section, declare by Order in Council that the member shall sit and vote for that new Metropolitan Electoral Province on and from the twenty-first day of May, nineteen hundred and seventy-seven until the twenty-first day of May, nineteen hundred and eighty, and the member shall sit and vote accordingly.

(5) Subject to subsection (6) of this section, where more than one such member has applied to sit for the same new Metropolitan Electoral Province and, but for this subsection, more than one such member would be entitled, pursuant to paragraph (a) of subsection (4) of this section, to be declared the member to sit and vote for that new Metropolitan Electoral Province, the member to be declared to so sit and vote shall be the member sitting and voting for the old Metropolitan Electoral Province which contained, on the thirtieth day of

1975.] Constitution Acts Amendment [No. 71.

(No. 2).

September, nineteen hundred and seventy-five the greatest number, as compared with any other old Metropolitan Electoral Province, of electors who would have been contained within that new Metropolitan Electoral Province if it had existed on that day. .

(6) Where pursuant to subsection (4) or (5) of this section a member would be entitled to be declared to sit and vote for more than one new Metropolitan Electoral Province

(a)	the Governor shall cause notice to that effect to be sent to the member; and
(b)	the member shall within fourteen days of receipt of the notice advise the Governor in writing for which of those new Metropolitan Electoral Provinces he desires to sit,

and the Governor shall, as soon as practicable after receiving the advice of the member, declare by Order in Council that the member shall sit and vote for the new Metropolitan Electoral Province selected by the member pursuant to paragraph (b) of this subsection on and from the twenty-first day of May, nineteen hundred and seventy-seven until the twenty-first day of May, nineteen hundred and eighty, and the member shall sit and vote accordingly.

(7) Where a member has been declared to sit and vote for a new Metropolitan Electoral Province pursuant to subsection (4), (5) or (6) of this section, any other application made by him shall be disregarded for the purposes of subsection (8) of this section.

(8) Where more than one of such five mem- bers apply to sit pursuant to subsection (3) of this section for the same new Metropolitan Electoral Province (none of whom is entitled to be declared to sit for that new Metropolitan Electoral Province pursuant to subsections (4), (5) or (6) of this section) the Governor shall cause, as soon as practicable after the period referred to in subsection (3) of this section, the

No. 71.] Constitution Acts Amendment [1975.

(No. 2).

names of the applicants to be sent to the Chief Electoral Officer, appointed under the Electoral Act, 1907, and in respect of that new Metro- politan Electoral Province their applications shall be determined as soon as practicable after the receipt of the names by the Chief Electoral Officer, as follows

(a)	the Chief Electoral Officer shall deal with each new Metropolitan Electoral Province in alphabetical order and before the applicants concerned, if they desire to be present, and any other persons desiring to be present, make out a slip bearing the name of each applicant, enclose the respective slips in separate blank envelopes of exact similarity and deposit the several envelopes in a locked ballot box;
(b)	the Chief Electoral Officer shall then shake and rotate the ballot box and shall permit any other person, if he so desires, to do the same;
(c)	the ballot box shall then be unlocked and an officer of the Electoral Depart- ment of the State, other than the Chief Electoral Officer, shall take out and open one of the envelopes therefrom; and
(d)	the applicant whose name appears on the slip enclosed in the envelope first taken from the ballot box shall be the member who shall thereafter sit for the new Metropolitan Electoral Province on and from the twenty-first day of May, nineteen hundred and seventy-seven until the twenty-first day of May, nineteen hundred and eighty and shall sit and vote accordingly.

(9) Nothing in this section prevents any member referred to in subsection (3) of this section from applying to sit for more than one of the new Metropolitan Electoral Provinces, but

19751 Constitution Acts Amendment [No. 71.

(No. 2).

if, after members have been allotted the new Metropolitan Electoral Provinces for which they shall respectively sit pursuant to subsection (4), (5), (6) or (8) of this section, there remain two or more new Metropolitan Electoral Provinces in respect of which no allotment has been made

(a)	the Chief Electoral Officer shall make out a slip bearing the name of each member to whom a new Metropolitan Electoral Province has not yet been allotted, enclose the respective slips in separate blank envelopes of exact similarity and deposit the several envelopes in a locked ballot box;
(b)	the Chief Electoral Officer shall make out a slip bearing the name of each new Metropolitan Electoral Province in respect of which no such allotment has been made, enclose the respective slips in separate blank envelopes of exact similarity and deposit the several envelopes in another locked ballot box;
(c)	the Chief Electoral Officer shall then shake and rotate both ballot boxes and permit any other person, if he so desires, to do the same;
(d)	both ballot boxes shall then be unlocked and an officer of the Electoral Department of the State, other than the Chief Electoral Officer, shall take out and open one envelope from each of the ballot boxes;
(e)	the member whose name appears on the slip enclosed in the envelope first taken from the appropriate ballot box shall be the member who shall there- after sit and vote for the new Metro- politan Electoral Province the name of which appears on the slip enclosed in the other envelope first taken from the other ballot box; and

No. 71.] Constitution Acts Amendment [1975.

(No. 2).

(f) the procedures provided in paragraphs (d) and (e) of this subsection shall be continued until no envelopes remain in the ballot box in which were deposited the several envelopes containing slips bearing the names of members.

(10) The Governor may by Order in Council extend the period within which applications are to be made under subsection (3) of this section if it appears to him to be necessary so to do by reason of there being a vacancy in the office of a member of the Legislative Council which office would have become vacant by effluxion of time on the twenty-first day of May, nineteen hundred and eighty.

(11) The term of service of a member whose new Metropolitan Electoral Province is allotted or determined pursuant to this section shall expire on the twenty-first day of May, nineteen hundred and eighty, but where such a member ceases, after the general election for the Legislative Council held next after the coming into operation of the Electoral Districts Act Amendment Act, 1975, to be a member otherwise than by effluxion of his term of service, the seat so vacated shall be filled as if he had been elected as a member for the new Metropolitan Electoral Province allotted or determined for him under the provisions of this section for a term of six years commencing upon the twenty-first day of May, nineteen hundred and seventy-four. .

Section 18

repealed and 5. Section 18 of the principal Act is repealed and

re-enacted.	re-enacted as follows-
Constitution

of Legisla-	18. The Legislative Assembly shall consist
tive

Assembly. of

(a) fifty-one members until the dissolution of that House or the expiry thereof by effluxion of time first occurring after the thirty-first day of December, nineteen hundred and seventy-six; and

(b) fifty-five members thereafter.

1975.] Constitution Acts Amendment [No. 71.

(No. 2).

6. Section 19 of the principal Act is repealed andIc.'3? rBeepcsaied19and

re-enacted as follows— re-enacted.

19. The State shall be divided into—	Electoral
Districts.

(a)	fifty-one Electoral Districts until the dissolution of that House or the expiry thereof by effluxion of time first occurring after the thirty-first day of December, nineteen hundred and seventy-six; and
(b)	fifty-five Electoral Districts thereafter, under the provisions of the Electoral Districts Act, 1947, each returning one member to serve in the Legislative Assembly.

7. Section 47 of the principal Act is repealed and ,Seepeet Ind4a7na

re-enacted as follows— re-enacted.

47. (1) Subject to the provisions of section eight B of this Act, notwithstanding the creation	Members'seats to be
by new
unaffected
or abolition of any new Province or District, or	division.
the alteration of the name or boundaries of any Province or District, effected pursuant to the provisions of the Constitution Acts Amendment Act (No. 2), 1975 or the Electoral Districts Act Amendment Act, 1975-

(a)	every member of the Legislative Council immediately prior to the date of the coming into operation of the Constitu- tion Acts Amendment Act (No. 2), 1975 shall continue to represent in Parlia- ment the Province of the same name as the Province for which he was elected with the same boundaries as it had immediately prior to that date; and
(b)	every member of the Legislative Assembly immediately prior to that date shall continue to represent the District for which he was elected.

No. 71.] Constitution Acts Amendment [1975.

(No. 2).

(2) Nothing in subsection (1) of this section or in section five, six, eighteen or nineteen of this Act shall be construed as preventing the taking of such action as is permitted or required to be taken, within the permitted or required times, under or for the purposes of the Electoral Districts Act, 1947.

Section 47A

added. 8. The principal Act is amended by adding a new

section as follows-

Special

provision	47A. On the first occasion after the coming
for election

of one	into operation of the Electoral Districts Act
member to
Legislative	Amendment Act, 1975 that an election is con-
term of
Council for	ducted to elect six members to sit and vote for
three years.	the Legislative Council for Electoral Provinces within the Metropolitan Area for a term of six years commencing on the twenty-first day of May, nineteen hundred and seventy-seven, 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 the twenty-first day of May, nineteen hundred and eighty under the provisions of section eight B of this Act, an election to elect one member to sit and vote for that Electoral Province for a term of three years commencing on the twenty- first day of May, nineteen hundred and seventy- seven.