Electoral Amendment Act 2008 (WA)

Western Australia

Electoral Amendment Act 2008

Western Australia

Electoral Amendment Act 2008

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	The Act amended	1
4.	Section 16A amended	1
5.	Section 16B amended	2

Western Australia

Electoral Amendment Act 2008

No. 38 of 2008

An Act to amend the Electoral Act 1907.

[Assented to 3 July 2008]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the Electoral Amendment Act 2008.

2.             Commencement

This Act comes into operation as follows:

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation.

3.             The Act amended

The amendments in this Act are to the Electoral Act 1907.

4.             Section 16A amended

Section 16A is amended by inserting in the appropriate

alphabetical position —

“

“person with judicial experience” means a person

who is or has been a judge of the Supreme Court

of Western Australia;

”.

Electoral Amendment Act 2008

s. 5

5.             Section 16B amended

(1)

Section 16B(1)(a) is deleted and the following is inserted

instead —

“

(a) one shall be a person with judicial experience, appointed by the Governor on the recommendation of the Premier, who shall be chairman; and

”.

(2)

Section 16B(2) is repealed and the following subsection is

inserted instead —

“

(2)

If the person appointed an Electoral Distribution

Commissioner under subsection (1)(a) is absent or is

for any other reason unable to act as an Electoral

Distribution Commissioner, the Governor, on the

recommendation of the Premier, may appoint another

person with judicial experience to act in the office of

Electoral Distribution Commissioner and as chairman

during the absence or inability.

”.

(3) After section 16B(4) the following subsection is inserted —

“

(4A)

Before making a recommendation under

subsection (1)(a) or (2) that a judge of the Supreme

Court of Western Australia be appointed, the Premier

shall consult the Chief Justice of Western Australia.

”.

(4)	Section 16B(5) is amended by inserting after “subsection” —
“ (1)(a), (2) or ”.

Electoral Amendment Act 2008

s. 5

(5) After section 16B(5) the following subsections are inserted —

“

(5A)

A person appointed under subsection (1)(a) shall hold

office for such term, not exceeding 5 years, as is

specified in his or her instrument of appointment, and

is eligible for reappointment once.

(5B)

The appointment of a person who is a judge of the

Supreme Court of Western Australia under

subsection (1)(a) or (2) does not affect the person’s

tenure of office as, or status as, a judge of the Supreme

Court of Western Australia nor the payment of the

person’s salary or allowances as a judge nor any other

rights or privileges of the person as a judge.

(5C)

If a person appointed under subsection (1)(a) or (2) is

not a judge of the Supreme Court of Western Australia,

the person’s conditions of service as an Electoral

Distribution Commissioner, including remuneration

and allowances, are to be determined by the Governor

from time to time.

(5D)

Any remuneration and allowances paid to a person

under subsection (5C) do not affect any entitlements

the person may have under the Judges’ Salaries and

Pensions Act 1950.

”.