Constitution Acts Amendment and Revision Act 1963 (WA)

No. 46.] Constitution Acts Amendment [1963.

and Revision.

CONSTITUTION ACTS

AMENDMENT AND REVISION.

12° Elizabeth II., No. XLVI.

No. 46 of 1963.

AN ACT to amend the Constitution Acts Amend- ment Act, 1899-1962 for the purpose of reprint- ing, and for that purpose, where necessary, to revise certain of the Acts amending the Consti- tution Acts Amendment Act, 1899.

[Assented to 3rd December, 1963.]

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:—

Short title

and citation 1. This Act may be cited as the Constitution

Acts Amendment and Revision Act, 1963.

1963.] Constitution Acts Amendment [No. 46.

and Revision.

Interpre-

2. In this Act, tation.

"amending Acts" means the Acts No. 25 of 1933, No. 29 of 1942, No. 4 of 1947, No. 12 of 1948 and No. 45 of 1950;

"principal Act" means the Constitution Acts

Amendment Act, 1899-1962.

Citation of

3. The principal Act as amended by this Act principal Act as amended

may be cited as the Constitution Acts Amendment	by this Act.
Act, 1899-1963.
5.5

Section five of the principal Act is amended by substituting for the words, "hereinafter stated and defined", in line three, the words, "defined pursuant to section six of this Act".	amended.
S. 6

4.

5. Section six of the principal Act is repealed re-enacted.

and re-enacted with amendments, as follows:

Electoral

(1) The State shall be divided into ten Electoral Provinces, under the provisions of the Electoral Districts Act, 1947, and shall return in all thirty members to serve in the Legislative Council.	Provinces.
(2) Each Electoral Province shall return three members.

6.

6. Section eighteen of the principal Act is ameaded.

amended by substituting for the words, "hereinafter stated and defined", in lines two and three, the words, "as defined pursuant to section nineteen of this Act".

S. 19

7. Section nineteen of the principal Act is re-enacted.

repealed and re-enacted with amendments, as

follows:

Electoral

19. The State shall be divided into fifty Districts.

Electoral Districts, under the provisions of the Electoral Districts Act, 1947, each returning one member to serve in the Legislative Assembly.

No. 46.] Constitution Acts Amendment [1963.

and Revision.

Ss. 3. 9, 25, 8.

The principal Act is amended by substituting for the word, "Colony", wherever appearing in sections three, nine, twenty-five, thirty-two, thirty- four and forty-one, the word, "State", in each case.

32, 34 and 41

amended.

Second

Schedule 9. The principal Act is amended by repealing

repealed.	the Second Schedule thereto.
Revision of

(1) The amending Acts are amended to the (2) Subsection (1) of this section shall not be construed as affecting the provisions of the Amend- ments Incorporation Act, 1938.

amending 10.

Acts.

Schedule.

extent specified in column four of the Schedule to

this Act.

SCHEDULE.

No. of Act. Short Title. Item. Amendment.

25 of 1933	Constitution Acts	1	Add, immediately after
Amendment Act,	the section number, "2.",
1933	the following:
"The Constitution Acts Amendment Act, 1899, is amended by adding, as section thirty-nine A, the following:".
2	Substitute for the pas- sage, "the Constitution Acts Amendment Act, 1899,", in lines three and four of section two, the words, "this Act".
29 of 1942	Constitution Acts	3	Add, immediately after
Amendment Act,	the section number, "2.", "The Constitution Acts Amendment Act, 1899, is amended by adding, as section thirty-nine B, the fol- lowing:".
1942.	the following:

1963. ] Constitution Acts Amendment [No. 46.

and Revision.

SCHEDULE—continued.

No. of Act. Short Title. Item. Amendment.

4          Substitute for the pas- sage, "the Constitution Acts Amendment Act, 1899—", in lines three and four of section two, the passage, "this Act—".

4 of 1997	Constitution Acts	5	Section two is repealed
Amendment (Re-	and re-enacted with
election of	amendments as follows:
Ministers) Act,

1947.  2. Section thirty- eight of the Constitu- tion Acts Amendment Act, 1899, is amended by substituting for the first proviso thereto the following proviso:

Provided that, not- withstanding any- thing in this or any other Act, a Member of the Legislative Council or the Leg- islative Assembly shall not vacate his seat by reason only of his acceptance of an office of profit from or under the Crown if that office be one which the holder is liable to vacate on political grounds and which is referred to in sections six and seventy-four of the Constitution A c t, 1889 (52 Vict., No. 23), and in sections thirty-seven, forty- two, forty-three and forty-four of this Act.

No. 46.] Constitution Acts Amendment [1963.

and Revision.

SCHEDULE—continued.

No. of Act. i Short Title. Item. Amendment.

12 of 1948 Constitution Acts 6 Add, immediately after

Amendment Act	the word, "that", in line
(No. 1 ) , 1948.	four of section three,
the passage, ", on and
after the twelfth day of June, one thousand nine hundred and forty- seven".

45 of 1950	Constitution Acts	7	Delete the passage," with
Amendment Act	the Constitution Act,
(No. 2), 1950.	1889 (Act No. 23 of 1889), and", in lines three and four of section one.
8	Add, immediately after the word, "and", in line nine of section one, the numeral, "2".
9	Substitute for the words, "section as the principal Acts", in lines nine and ten of section one, the words, "Act as the prin- cipal Act".
1 0	Substitute for the word, "Acts", in line one of section two, the word, "Act".
1 1	Substitute for the pas- sage, "respectively as the Constitution Act, 1889-1950, and", in lines two and three of section two, the word "as".
12	Substitute for the pas- sage, "two of the Con- stitution Acts Amend- ment Act, 1942 (Act No, 29 of 1942)", in lines one and two of section t h r e e, the passage, "thirty-nine B of the Principal Act".