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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral and Constitution Amendment
Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electoral Act 1907 amended
3. Act amended 3
4. Section 4 amended 3
5. Section 64 replaced 4
64. Issue of writs for general election 4
6. Section 70 replaced 4
70. Date of nomination 4
7. Section 71 replaced 5
71. Date of polling 5
8. Section 72 amended 6
9. Section 76 amended 6
10. Section 156E amended 7
Part 3 -- Constitution Acts
Amendment Act 1899 amended
11. Act amended 8
12. Section 8 amended 8
190--2 page i
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Electoral and Constitution Amendment
Bill 2011
A Bill for
An Act to amend --
the Electoral Act 1907; and
the Constitution Acts Amendment Act 1899,
in relation to the dates for general elections.
The Parliament of Western Australia enacts as follows:
page 1
Electoral and Constitution Amendment Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Electoral and Constitution Amendment Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Electoral and Constitution Amendment Bill 2011
Electoral Act 1907 amended Part 2
s. 3
1 Part 2 -- Electoral Act 1907 amended
2 3. Act amended
3 This Part amends the Electoral Act 1907.
4 4. Section 4 amended
5 (1) In section 4(1) insert in alphabetical order:
6
7 election year, in relation to a periodic election, means
8 the year in which the writ for the periodic election is
9 issued;
10 expiry year means a year in which an Assembly, if it is
11 not previously dissolved, will expire by effluxion of
12 time;
13 periodic election means --
14 (a) a general election for the Assembly the writ for
15 which is issued under section 64(2); or
16 (b) any general election for the Council;
17
18 (2) In section 4(1) in the definition of general election:
19 (a) in paragraph (a) delete "section 64(1);" and insert:
20
21 section 64(1) or (2);
22
23 (b) in paragraph (b) delete "section 64(2);" and insert:
24
25 section 64(3);
26
page 3
Electoral and Constitution Amendment Bill 2011
Part 2 Electoral Act 1907 amended
s. 5
1 5. Section 64 replaced
2 Delete section 64 and insert:
3
4 64. Issue of writs for general election
5 (1) If an Assembly is dissolved before 1 November last
6 preceding its expiry year, the Governor shall cause a
7 writ for elections in all the districts to be issued not
8 later than 10 days after the dissolution.
9 (2) If an Assembly is not dissolved before 1 November last
10 preceding its expiry year, the Governor shall cause a
11 writ for elections in all the districts to be issued on the
12 first Wednesday of February in the expiry year.
13 (3) In order to fill seats in the Council that are to be
14 vacated by effluxion of time at the end of 21 May in a
15 year, the Governor shall cause a writ for elections in all
16 the regions to be issued on the first Wednesday of
17 February last preceding that 21 May.
18
19 6. Section 70 replaced
20 Delete section 70 and insert:
21
22 70. Date of nomination
23 (1) Subject to subsection (2), the date fixed as the last day
24 for the nomination of candidates shall be not less than
25 7 nor more than 45 days after the date of the writ.
26 (2) In the case of a periodic election the date fixed as the
27 last day for the nomination of candidates shall be the
28 second Friday next following the date of the writ.
29
page 4
Electoral and Constitution Amendment Bill 2011
Electoral Act 1907 amended Part 2
s. 7
1 7. Section 71 replaced
2 Delete section 71 and insert:
3
4 71. Date of polling
5 (1) In this section --
6 available day means any day that is not an excluded
7 day;
8 excluded day means --
9 (a) a day appointed as polling day for an election
10 of the Senate or a general election of the House
11 of Representatives or as the voting day for a
12 referendum as defined in the Referendum
13 (Machinery Provisions) Act 1984
14 (Commonwealth); or
15 (b) Easter Saturday or the Saturday immediately
16 preceding or succeeding Easter Saturday.
17 (2) Subsection (3) applies to any election other than an
18 election held as part of a periodic election.
19 (3) The date fixed for the polling in an election to which
20 this subsection applies shall be a Saturday that --
21 (a) is not less than 21 nor more than 45 days after
22 the date of nomination; and
23 (b) is an available day.
24 (4) The same date shall be fixed under subsection (3) for
25 the polling in each election in a district held as part of a
26 general election for the Assembly for which the writ is
27 issued under section 64(1).
28 (5) In the case of a periodic election, the date fixed for the
29 polling in each election in a region or election in a
30 district, as the case requires, shall be --
31 (a) the second Saturday of March in the election
32 year; or
page 5
Electoral and Constitution Amendment Bill 2011
Part 2 Electoral Act 1907 amended
s. 8
1 (b) if the second Saturday of March in the election
2 year is an excluded day, the first succeeding
3 Saturday that is an available day.
4 (6) If in the case of a periodic election the Premier, with
5 the agreement of the Leader of the Opposition in the
6 Legislative Assembly, recommends to the Governor
7 that the date to be fixed for the polling be postponed
8 because of exceptional circumstances, the date fixed
9 for the polling shall be the first Saturday after the
10 second Saturday of March that is an available day on
11 which polling is practicable.
12 (7) In the case of a general election for the Council, the
13 date fixed for the polling shall not be postponed to such
14 an extent as would prevent the return of the writ on or
15 before 21 May in the year in which seats in the Council
16 are to be vacated by effluxion of time.
17
18 8. Section 72 amended
19 After section 72(1) insert:
20
21 (2) In the case of a general election for the Council, the
22 date fixed as the last day for the return of a writ in the
23 election shall be not later than 21 May in the year in
24 which seats in the Council are to be vacated by
25 effluxion of time.
26
27 9. Section 76 amended
28 Delete section 76(3) and insert:
29
30 (3) In the case of a general election for the Council --
31 (a) the time appointed for the nomination of
32 candidates or the taking of the poll shall not be
page 6
Electoral and Constitution Amendment Bill 2011
Electoral Act 1907 amended Part 2
s. 10
1 extended to such an extent as would prevent the
2 return of the writ on or before 21 May; and
3 (b) the time appointed for the return of the writ
4 shall not be extended beyond 21 May,
5 in the year in which seats in the Council are to be
6 vacated by effluxion of time.
7
8 10. Section 156E amended
9 In section 156E(2) delete "sections 8(6) and 10 of the
10 Constitution Acts Amendment Act 1899" and insert:
11
12 section 64(3) and the Constitution Acts
13 Amendment Act 1899 section 10
14
page 7
Electoral and Constitution Amendment Bill 2011
Part 3 Constitution Acts Amendment Act 1899 amended
s. 11
1 Part 3 -- Constitution Acts Amendment
2 Act 1899 amended
3 11. Act amended
4 This Part amends the Constitution Acts Amendment Act 1899.
5 12. Section 8 amended
6 Delete section 8(6).
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