Legislative Council (Postponement of Election) Act 1941 (WA)

No. 50.] Legislative Council (Postponement [1941.

of Election).

LEGISLATIVE COUNCIL (POSTPONE-

MENT OF ELECTION).

5° and 5 c GEO. VI., No. L.

No. 50 of 1941.

AN ACT to provide for the postponement of the general election of members of the Legislative Council to fill vacancies about to be caused by the retirement of certain members by effiuxion of time, and for other purposes incidental thereto.

[Assented to 16th January, 1942.]

Preamble.

HEREAS, in accordance with section eight of the

Constitution Acts Amendment Act, 1899, the senior

member for each Province of the Legislative Council in

the Parliament of the State will retire from office as such

member by effiuxion of time on the twenty-first day of

May, one thousand nine hundred and forty-two, and in

accordance with the said section of the said Act and with

section sixty-three of the Electoral Act, 1907-1940, a

general election for the Legislative Council caused by the

retirement of the said members as aforesaid must be held

within the time prescribed by the said Acts: AND

WHEREAS, in view of the pressing national emergency

arising out of the war with Japan in which the Common-

wealth of Australia is at present engaged, it is neither

desirable, convenient, nor expedient that a general elec-

tion for the Legislative Council shall be held as aforesaid

within the time prescribed by the said Acts : Be it there-

fore enacted by the King's Most Excellent Majesty, 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 le. 1. This Act may be cited as the Legislative Council

(Postponement of Election) Act, 1941.

Act	to be read 2. This Act shall be read in conjunction with the Con-
Venretion stitution Acts Amendment Act, 1899 (No. 19 of 1899),
cr
-ig
Acts.
ta	.

1941.j Legislative Council (Postponement [No. 50.

of Election).

and the Electoral Act, 1907-1940, hereinafter referred to as "the Constitution Act" and "the Electoral Act" re- spectively.

Notwithstanding anything to the contrary con- tained in the Constitution Act or in the Electoral Act,	Authority topostpone gen-
eral election.
or in any other Act, it shall not be necessary for the Governor by warrant under his hand to direct the Clerk of the Writs to issue a writ for the general election for the Legislative Council which will be caused by the retire- ment of the senior member for each Province of the said Legislative Council by effluxion of time on the twenty- first day of May, one thousand nine hundred and forty- two, within the time prescribed by section eight of the Constitution Act and by section sixty-three of the Elec- toral Act in relation to the date upon which the said senior members would but for this Act retire as afore- said, but the Governor shall, subject as hereinafter provided, issue his said warrant to the Clerk of the Writs directing him to issue a writ for the said general election at any time within twelve months from the tenth clay of April, one thousand nine hundred and forty-two:
Provided that the said Legislative Council may at any time within the said period of twelve months by resolu- tion carried by an absolute majority recommend that the Governor issue his said warrant under section sixty-three of the Electoral Act for the said general election for the Legislative Council, and the Governor shall give effect to such recommendation.

3.

4.    Consequentially upon the operation of section Terms of

three of this Act, the terms of office of the senior members infil e c nteb e°rfs of

for each Province of the Legislative Council which would lot:„g‘lusersex-

but for this Act, expire by effluxion of time on the twenty- tended.

first day of May, one thousand nine hundred and forty-

two, shall be and are hereby extended after the said date

for a period ending on the date of the completion of the

postponed general election provided for in section three

of this Act, and such members shall continue to be the

senior members of the Legislative Council accordingly.

Provided that nothing in this section shall operate so as to extend the term of office of any other member of the Legislative Council who is not due to retire on the twenty-first day of May, one thousand nine hundred and forty-two.