Constitution (Parliamentary Privileges) Amendment Act 2004 (WA)

Western Australia

Constitution (Parliamentary Privileges)

Amendment Act 2004

Western Australia

Constitution (Parliamentary Privileges)

Amendment Act 2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Constitution Act 1889

amended

3.	The Act amended	3
4.	Section 36 amended	3
Part 3 — Parliamentary Privileges

Act 1891 amended

5.	The Act amended	4
6.	Preamble amended	4
7.	Section 1 replaced	4

1.               Privileges, immunities and powers of

Council and Assembly 4

Western Australia

Constitution (Parliamentary Privileges)

Amendment Act 2004

No. 41 of 2004

An Act to amend the Constitution Act 1889 and the Parliamentary

Privileges Act 1891.

[Assented to 3 November 2004]

The Parliament of Western Australia enacts as follows:

Constitution (Parliamentary Privileges) Amendment Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This Act may be cited as the Constitution (Parliamentary

Privileges) Amendment Act 2004.

2.             Commencement

This Act comes into operation on the day on which it receives the

Royal Assent.

Constitution (Parliamentary Privileges) Amendment Act 2004

Constitution Act 1889 amendedı Part 2

s. 3

Part 2 — Constitution Act 1889 amended

3.             The Act amended

The amendment in this Part is to the Constitution Act 1889*.

[* Reprinted as at 3 July 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 68.]

4.             Section 36 amended

Section 36 is amended by deleting “Provided that no such

privileges, immunities, or powers shall exceed those for the time

being held, enjoyed, and exercised by the Commons House of

Parliament, or the members thereof.”.

Constitution (Parliamentary Privileges) Amendment Act 2004

Part 3 Parliamentary Privileges Act 1891 amended

s. 5

Part 3 — Parliamentary Privileges Act 1891 amended

5.             The Act amended

The amendments in this Part are to the Parliamentary Privileges

Act 1891*.

[* Reprinted as at 6 June 2003.]

6.             Preamble amended

The Preamble is amended by deleting all of the words from and

including “Whereas” to and including “the members thereof:”

and inserting instead —

“

Whereas by the Constitution Act 1889 it is enacted that it is lawful for the Parliament of the State by any Act to define the privileges, immunities, and powers to be

held, enjoyed, and exercised by the Legislative Council

and Legislative Assembly and by their members:

”.

7.             Section 1 replaced

Section 1 is repealed and the following section is inserted

instead —

“

1.             Privileges, immunities and powers of Council and Assembly

The Legislative Council and Legislative Assembly of

Western Australia, and their members and committees,

have and may exercise —

(a)	the privileges, immunities and powers set out in this Act; and
(b)	to the extent that they are not inconsistent with this Act, the privileges, immunities and powers by custom, statute or otherwise of the

Constitution (Parliamentary Privileges) Amendment Act 2004

Parliamentary Privileges Act 1891 amended Part 3

s. 7

Commons House of Parliament of the United

Kingdom and its members and committees as at

1 January 1989.

”.