Legislative Council amendment (1871) (WA)

WESTERN AUSTRALIA,

ANNO TRICESIIVIO QUARTO

VICTORIIE REGI A].

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No. XXX.

AN ACT to amend the Representation of the People, and

to alter the Property • Qualification of Members of the

Legislative Council.

[Reserved 18th January, 1871.]

[Royal Assent Proclaimed, 17th August, 1871.]

HEREAS, by a certain Ordinance passed in the Thirty-third 33 Viet. No. 13

year of the reign of Her Majesty Queen Victoria, No. 13,

intituled An Ordinance to provide for the establishment of a Legisla-

tive Council, the division of the Colony into Electoral Districts, and the election of Members to serve in such Council, a Legislative Council

consisting of eighteen members has been established, under and pursuanOo the provisions of an Act passed in the Session of the Imperial 'Parliament holden in the fourteenth year of the reign of Her present Majesty,• intituled An Act for the better Government of

Her Majesty's Australian Colonies : And whereas by the said Act of

34° VICTORIX, No. 30.

Representation of the People—Amendment.

the Imperial Parliament it was amongst other things enacted and provided that no man should be entitled to Vote at the Election of a Member of the Legislative Council who had been attainted or convicted of Treason, Felony, or other infamous offence in any part of Her Majesty's Dominions, unless he should have received a free pardon, or one conditional on not leaving the Colony, for such offence, or should have undergone the sentence passed on him for such offence : And whereas by the said Act of the Imperial Parlia- ment it was further enacted that all the provisions therein contained, concerning the qualification and disqualification of electors in New South Wales, should apply to and be in force in Western Australia, if a Legislative Council should be established therein under the said Act, as if all such provisions were there repeated, the name of such Colony being substituted for the name of the Colony of New South Wales ; and that, subject to the provisions contained in the said Act, all the provisions of the therein-recited Act of the sixth year

5 and 6 Vitt. c. 7G.

of Her Majesty, Cap. 76, as explained and amended by the second

7 and 8 Viet., c. 74.

therein-recited Act of the eighth year of Her Majesty, Cap. 74, concerning among other things the qualification and disqualification of Members of the Legislative Council of New South Wales, should apply to and be in force in the Colony of Western Australia, in which a Legislative Council should be established under the said Act, as if such provisions were therein repeated; And whereas, by the several Acts lastly hereinbefore mentioned, provisions have been made for requiring, on the part of members .of the Legislative Council elected in New South Wales, certain qualifications in respect of property ; And whereas by the said first mentioned Act of the Imperial Parliament it was further enacted that, notwithstanding anything thereinbefore contained, it should be lawful for the Governor and Legislative Council of Western Australia, after the establishing of a Legislative Council therein under the said first mentioned Act, from time to time by any Act or Acts to alter the provisions or laws for the time being in force under the said first mentioned Act, or otherwise, concerning amongst other things the Qualification of Electors and Elective Members : And- whereas it is desirable to alter and amend the aforesaid Acts so far as relate to the Qualification of Electors and Elected Members: Be it therefore enacted, by His Ex- cellency the Governor of Western Australia and its dependencies, by and with the consent of the Legislative Council thereof, as follows:—

Persons holding conditional, 1, EVERY man who shall have been attainted or convicted of pardons entitled to vote at treason, felony, or other infamous offence, m any part of Her the election of members to Majesty's Dominions, and who shall have received a conditionalserve in the Legislative pardon for such offence, whether the condition of such pardon shall

34° VICTORLE, No. 30.

Representation of the People—Amendment.

be on not leaving the Colony, or whether such pardon shall be on any other condition whatsoever, shall, if otherwise qualified under the said Act to Vote at the Election of a Member or Members to serve in the Legislative Council, be entitled to Vote at such Election of a Member' or Members to serve in such Legislative Council, any- thing in the said Acts to the contrary notwithstanding.

2   EVERY man holding, at the date of Registration and on the Qualification of electors in

annum under an unexpired term, shall be entitled to Vote at the Election of a Member of such Legislative Council : Provided, always, that the Qualification of Voters at the said Election shall remain and be the same as set forth in the provisions of the Fourth Section of the aforesaid Imperial .Act (13th and 14th Vict., c. 59), save only as altered herein and inconsistent with the provisions of this Act.

day of the Election of Members, a License from the Government to respect to leases extended.

depasture Lands within the District for which his Vote is to be

given, of the value of Ten Pounds per annum, and every man hold-

ing, at the last mentioned dates and in the District last aforesaid, a

THAT any householder claiming to vote in any district who

shall occupy a dwelling house in such district of the clear annual value entitled to vote.

of Ten Pounds, and shall in such district have previously occupied a

dwelling house of the value aforesaid for a period of six calendar

months next before the issue of a Writ for the election of a member

of the Legislative Council, shall be entitled to vote at the Election

of a member of such Legislative Council. Provided that no person

shall be entitled to vote unless he is a householder in such district

at the time he gives his vote.

Ten pounds householders

4   THAT no person shall be capable of being elected a Member of Qualification of Elected

money, or of the value of One Thousand Pounds Sterling money, above all charges and encumbrances affecting the same.

the Legislative Council who shall not be of the full age of twenty-one Members'

years, and a natural born subject of the Queen, or naturalized by

law, or who shall not be legally or equitably seised of an estate of

freehold for his own use and benefit in lands and tenements in

5 THAT no person holding any office of emolument under the Exclusion of Government

Crown shall be capable of being elected a Member, or of sitting and officers. voting in the Legislative Council as an elected Member.

34° VICTOR/ A, No. 30.

Representation of the People—Amenchnent:

Person anointed or con-

Meted of Treason, Felony, 6 THAT no person who has been attainted or convicted of

&c., incapable of being Treason, Felony, or other infamous offence, in any part of Her elected.

Majesty's dominions, shall be capable of being elected as a Member, or of sitting and voting in the Legislative Council.

I reserve this Bill for the signification of Her Majesty's

pleasure.

FRED. A. WELD, Governor.

By Authority: Ricaiiin PETHER, Government Printer, Perth.