Constitution Acts Amendment Act 1899
Western Australia
Constitution Acts Amendment Act 1899
Contents
Part IA — Preliminary
1.Short title1
2.Repeal1
3.Terms used1
Part I — Legislature
Division 1 — Legislative Council
5.Constitution of Legislative Council1
8.Retirement of members periodically1
9.Resignation of members1
10.Tenure of seat by member filling vacancy1
11.Election of President1
12.Absence of President provided for1
13.President to hold office in certain cases until meeting of Parliament1
14.Quorum — division, casting vote1
Division 2 — Legislative Assembly
18.Constitution of Legislative Assembly1
21.Duration of Assembly1
22.Absence of Speaker provided for1
23.Speaker to hold office till meeting of new Parliament unless not re‑elected1
24.Quorum — division, casting vote1
25.Resignation of members1
Division 3 — General
31.Terms used1
32.Disqualification by reason of bankruptcy or convictions1
33.Holders of offices or places not disqualified except under s. 34 to 421
34.Disqualification of certain office‑holders and members of Parliament1
36.Certain offices and places must be vacated before member can take seat1
37.Office or place vacated in certain cases1
38.Seats in Parliament vacated in certain cases1
39.Provision for relief1
40.Presence of unqualified persons not to invalidate proceedings1
41.Jurisdiction of Court of Appeal1
42.Power to amend Schedule V1
Part II — Executive
43.Principal executive offices1
44.No person to draw salaries for 2 offices1
44A.Parliamentary Secretaries1
45.Oath of office for members of Executive Council1
45A.Executive Council meetings1
Part III — Miscellaneous
46.Powers of the 2 Houses in respect of legislation1
48.Revision or compilation of electoral rolls upon commencement of Act1
49.Commencement of action1
50.Plaintiff to give security for costs1
51.No action to lie against officials of either House1
52.Proclamation of Royal Assent and commencement of Act1
Schedule I — Enactments repealed
Schedule V — Offices and bodies to which Part I Division 3 applies
Part 1 — Disqualifying offices
Division 1 — Judicial, tribunal and similar offices
Division 2 — Other offices
Part 2 — Offices or places vacated on election
Division 1 — Tribunal and board offices
Division 2 — Other offices or places
Part 3 — Bodies membership of which is vacated on election
Schedule VI — Oaths and affirmations of office
Division 1 — Holders of principal executive offices and for Parliamentary Secretaries
Division 2 — Members of the Executive Council
Notes
Compilation table1
Uncommenced provisions table1
Other notes1
Defined terms
Western Australia
Constitution Acts Amendment Act 1899
An Act to amend the Constitution Act 1889, and to amend and consolidate the Acts amending the same.
Preamble
Whereas by the Constitution Act 1889, it is provided that the Legislature of Western Australia shall have full power and authority from time to time to repeal or alter any of the provisions of the said Act: And whereas it is expedient to amend the said Act and to amend and consolidate the Acts amending the same: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —
[Heading inserted: No. 19 of 2010 s. 43(2).]
This Act may be cited as the Constitution Acts Amendment Act 1899.
The enactments mentioned in the First Schedule hereto are thereby repealed to the extent therein stated.
For the purposes of this Act —
Her Majesty means, when not repugnant to the context, Her Majesty, her heirs and successors.
Governor in Council means the Governor acting with the advice of the Executive Council.
Minister means the Minister charged with the execution of this Act.
Treasurer means the Treasurer of the State for the time being.
Person means an individual of either sex.
[Section 3 amended: No. 7 of 1920 s. 2; No. 46 of 1963 s. 8; No. 59 of 1978 s. 9.]
[4.Deleted: No. 10 of 1998 s. 76.]
Division 1 — Legislative Council
[Heading inserted: No. 19 of 2010 s. 44(2).]
5.Constitution of Legislative Council
(1)The Legislative Council is to consist of 37 elected members.
(2)Those members are to be returned and sit for the whole of the State.
[Section 5 inserted: No. 20 of 2021 s. 6.]
[6.Deleted: No. 1 of 2005 s. 7(3).]
[7.Deleted: No. 64 of 2006 s. 4.]
8.Retirement of members periodically
(1)In this section —
general election means a general election for the Legislative Council;
member means a member of the Legislative Council.
(2)The seat of a member elected at a general election shall become vacant at the expiration of the period of 4 years beginning on 22 May next following the day of his election as member.
(3)A member elected at a general election shall not sit or vote before 22 May next following the day of his election as member.
(4)Where a general election fails wholly or partially or is declared to be absolutely void —
(a)the seat of a member elected at an election held by reason of that failure or declaration shall become vacant at the expiration of the period of 4 years beginning on 22 May next following that general election; and
(b)if a member elected at an election held by reason of that failure or declaration is so elected before 22 May next following that general election, that member shall not sit or vote before that 22 May.
(5)Subsections (2) and (4)(a) do not affect the operation of any enactment under which a member may cease to be a member, or the seat of a member may become vacant, otherwise than by effluxion of time.
[Section 8 inserted: No. 40 of 1987 s. 8; amended: No. 36 of 2000 s. 23; No. 49 of 2011 s. 12; No. 20 of 2021 s. 7.]
[8A.Omitted under the Reprints Act 1984 s. 7(4)(e).]
[8B.Deleted: No. 40 of 1987 s. 10.]
Any member of the Legislative Council may resign his seat therein, by writing under his hand addressed to the President, or if there be no President, or if the President is absent from the State, to the Governor, and upon the receipt of such resignation by the President or the Governor, as the case may be, the seat of such member shall become vacant.
[Section 9 amended: No. 46 of 1963 s. 8.]
10.Tenure of seat by member filling vacancy
(1)A member of the Legislative Council elected to fill any vacancy arising otherwise than by effluxion of time shall hold the seat during the unexpired portion of the term for which the previous member would have been entitled to hold it, and no longer.
(2)Subsection (1) does not affect the operation of any enactment under which a member may cease to be a member, or the seat of a member may become vacant, otherwise than by effluxion of time.
(3)The provisions of this Act and the Electoral Act 1907 as to the occurrence and filling of vacancies in the seats of members of the Council extend, with any appropriate modifications, to cases where —
(a)a person has been elected as a member but the term of office for which the person was elected has not begun; or
(b)the election of a person as a member is void and the term of office for which the person would have been elected, if the election had not been void, would have begun on 22 May next following the election.
[Section 10 amended: No. 40 of 1987 s. 11; No. 36 of 2000 s. 56.]
Whenever the office of President of the Legislative Council becomes vacant, the Council at their first meeting thereafter shall elect one of their members to be President, and the President so elected shall preside at all meetings of the Council:
Provided that pending such first meeting the Chairman of Committees shall fill the office and perform the duties of the President, subject, however, to section 13.
[Section 11 amended: No. 32 of 1954 s. 2.]
12.Absence of President provided for
In case of the absence of the President upon leave of absence granted to him by the Legislative Council, or by reason of illness or other unavoidable cause, the Chairman of Committees shall fill the office and perform the duties of the President during such absence.
[Section 12 amended: No. 32 of 1954 s. 3.]
13.President to hold office in certain cases until meeting of Parliament
The member of the Legislative Council holding office as the President thereof who shall vacate his seat by periodical retirement when the Council is not in session, shall continue in office and be deemed to be the President of the said Council until the next meeting of Parliament, unless he shall not be re‑elected a member of the said Council; but nothing in this section shall enable a President hereby continued in office to preside at any meeting of the said Council.
14.Quorum — division, casting vote
The presence of at least one‑third of the members of the Legislative Council, exclusive of the President, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Council shall be decided by a majority of votes of the members present, other than the President, and when the votes are equal the President shall have the casting vote:
Provided always, that if the whole number of members constituting the Legislative Council shall not be exactly divisible by 3, the quorum of the Legislative Council shall consist of such whole number as is next greater than one‑third of the members of the Legislative Council.
[15.Deleted: No. 64 of 2006 s. 5.]
[16.Deleted: No. 72 of 1963 s. 9.]
[17.Deleted: No. 72 of 1963 s. 10.]
Division 2 — Legislative Assembly
[Heading inserted: No. 19 of 2010 s. 44(2).]
18.Constitution of Legislative Assembly
(1)The Legislative Assembly is to consist of 59 elected members.
(2)Those members are to be returned and sit for electoral districts.
[Section 18 inserted: No. 20 of 2021 s. 8.]
[19.Deleted: No. 1 of 2005 s. 7(4).]
[20.Deleted: No. 64 of 2006 s. 6.]
(1)Every Legislative Assembly shall exist and continue for 4 years from the day of the first meeting thereof and no longer; subject, nevertheless, to being sooner prorogued or dissolved by the Governor.
Provided that, subject as aforesaid —
(a)whenever any Legislative Assembly would expire by the effluxion of time between the last day of August of any year and the first day of February next thereafter, such Legislative Assembly shall continue up to and including the day next preceding such first day of February and no longer; and
(b)whenever the Legislative Assembly would expire by effluxion of time between the last day of January and the first day of September of any year, such Legislative Assembly shall cease and determine on the last day of January of that year.
(2)Notwithstanding subsection (1) the Legislative Assembly in existence at the commencement of the Acts Amendment (Electoral Reform) Act 1987 shall, subject to section 3 of the Constitution Act 1889, cease and determine on 31 January 1989.
[Section 21 amended: No. 48 of 1919 s. 2; No. 40 of 1987 s. 12.]
22.Absence of Speaker provided for
In case of the absence of the Speaker upon leave of absence granted to him by the Legislative Assembly, or by reason of illness, or other unavoidable cause, the Chairman of Committees shall perform the duties and exercise the authority of Speaker in relation to all proceedings of the House as Deputy Speaker; and, in the absence of the Chairman of Committees, the Assembly shall thereupon elect some other member to fill the office and perform the duties of the Speaker during such absence.
23.Speaker to hold office till meeting of new Parliament unless not re‑elected
In case of any dissolution of Parliament the Speaker of the Legislative Assembly at the time of such dissolution shall continue in office and shall be deemed to be the Speaker of the said Assembly until the first meeting of the new Parliament, unless he shall not be re‑elected a member of the said Assembly; but nothing in this section shall enable a Speaker hereby continued in office to preside at any meeting of the said Assembly.
24.Quorum — division, casting vote
The presence of at least one‑third of the members of the Legislative Assembly, exclusive of the Speaker, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Assembly shall be decided by a majority of votes of the members present, other than the Speaker, and when the votes shall be equal the Speaker shall have the casting vote: Provided always, that if the whole number of members constituting the Legislative Assembly shall not be exactly divisible by 3, the quorum of the Legislative Assembly shall consist of such whole number as is next greater than one‑third of the members of the Legislative Assembly.
Any member of the Legislative Assembly may resign his seat therein, by writing under his hand, addressed to the Speaker, or if there be no Speaker, or if the Speaker is absent from the State, to the Governor, and upon the receipt of such resignation by the Speaker or the Governor, as the case may be, the seat of such member shall become vacant.
[Section 25 amended: No. 46 of 1963 s. 8.]
[26‑28.Deleted: No. 27 of 1907 s. 211.]
[Heading inserted: No. 19 of 2010 s. 44(2).]
[29, 30.Deleted: No. 27 of 1907 s. 211.]
(1)In this Division —
disqualified for membership of the Legislature means disqualified for membership of the Legislative Council and for membership of the Legislative Assembly;
member in relation to a commission, council, board, committee, authority, trust or other body means —
(a)any member of the body whether known as a member, commissioner, councillor, trustee, director or by any other title;
(b)any deputy, alternate or acting member of the body,
and includes a person holding the office of chairman or president or any other office on the body;
member of the Legislature means a member of the Legislative Council or the Legislative Assembly.
(2)In this Division a reference to the holding of any office or place is a reference to the holding of that office or place in a permanent, temporary or acting capacity on a full‑time, part‑time or casual basis.
[Section 31 inserted: No. 78 of 1984 s. 8; amended: No. 24 of 2000 s. 9; No. 19 of 2010 s. 51.]
32.Disqualification by reason of bankruptcy or convictions
(1)A person is disqualified for membership of the Legislature if he —
(a)be an undischarged bankrupt, or a debtor against whose estate there is a subsisting receiving order in bankruptcy; or
(b)has been convicted on indictment of an offence for which the indictable penalty was or included —
(i)imprisonment for life; or
(ii)imprisonment for more than 5 years.
(2)In subsection (1)(b) —
indictable penalty means the penalty that such a law specified for the offence in the event of a person being convicted of it on indictment; and
offence means an offence against a law of this State, the Commonwealth, another State or a Territory.
[Section 32 (formerly section 31) amended: No. 111 of 1975 s. 2; renumbered as 32 and amended: No. 78 of 1984 s. 9; No. 70 of 2004 s. 81(1)‑(3).]
33.Holders of offices or places not disqualified except under s. 34 to 42
Except as provided by the succeeding sections of this Part or the Electoral Act 1907 section 149A(2) —
(a)the election of a person as a member of the Legislature shall not be rendered void or affected in any other way;
(b)the seat of a person as a member of the Legislature shall not become vacant,
by reason of his holding any office or place of profit from or under the Crown or any other office or place.
[Section 33 inserted: No. 78 of 1984 s. 10; amended: No. 64 of 2006 s. 7.]
34.Disqualification of certain office‑holders and members of Parliament
(1)Subject to this Act a person is disqualified for membership of the Legislature if he —
(a)holds any office mentioned in Part 1 of Schedule V; or
(b)is a member of the Parliament of the Commonwealth or the legislature of a Territory or another State of the Commonwealth.
(2)A member of either House of the Legislature is disqualified for membership of the other House.
[Section 34 inserted: No. 78 of 1984 s. 10.]
[35.Deleted: No. 64 of 2006 s. 8.]
36.Certain offices and places must be vacated before member can take seat
(1)Subject to subsections (2) and (8), this section applies to a person who —
(a)holds an office or place in the service of the Crown in right of the Commonwealth or another State of the Commonwealth or in the service of the government of, or any department or agency of the government of, the Commonwealth or a Territory or another State of the Commonwealth; or
(b)holds an office as a member of any commission, council, board, committee, authority, trust or other body, and was appointed as such a member by the Crown in right of the Commonwealth or another State of the Commonwealth, or by the government of, or any department or agency of the government of, the Commonwealth or a Territory or another State of the Commonwealth.
(2)Subject to subsection (4), the Governor may, by Order in Council, exempt any office or place from the operation of this section and whilst that office or place remains so exempted this section shall not apply to a person by reason of his holding that office or place.
(3)Subject to subsection (4), the Governor may, by subsequent Order in Council, amend an Order made under subsection (2) or revoke the Order either absolutely or for the purpose of substituting another Order.
(4)An Order in Council shall be made under this section if and only if the making of the Order has been recommended by resolution passed by both Houses of the Legislature.
(5)Subject to subsection (6), an Order in Council made under this section shall take and have effect on and from the day on which it is published in the Government Gazette.
(6)Where, by reason of an Order in Council made under subsection (3), an office or place previously exempted from the operation of this section will no longer be so exempted, that Order shall take and have effect at and from the expiration of 30 days from the day on which it is published in the Government Gazette.
(7)The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section.
(8)This section does not apply to a person by reason of his being a member of the Citizen Forces or the Reserve Forces within the meaning of the Defence Act 1903 of the Parliament of the Commonwealth.
(9)If any person to whom this section applies is elected as a member of the Legislative Council at a general election, his seat shall become vacant on 22 May next following the election if he has not, before that date, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him.
(10)If any person to whom this section applies is elected as a member of the Legislature otherwise than as referred to in subsection (9) —
(a)he shall not take the oath, or make the affirmation, pursuant to section 22 of the Constitution Act 1889 until he has resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him; and
(b)his seat shall become vacant at the expiration of 21 days after the date on which he is declared to be elected if he has not, before the expiration of that period, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him.
[Section 36 inserted: No. 78 of 1984 s. 10.]
37.Office or place vacated in certain cases
(1)Subject to subsection (2), this section applies to a person who —
(a)holds any office or place mentioned in Part 2 of Schedule V not being an office also mentioned in Part 1 of Schedule V; or
(b)is a member of any commission, council, board, committee, authority, trust or other body mentioned in Part 3 of Schedule V.
(2)This section does not apply to a person by reason of his being the holder of any office or place, or a member of any body, ex officio as the holder of any of the principal executive offices of the Government liable to be vacated on political grounds.
(3)If any person to whom this section applies is declared to be elected as a member of the Legislature, he shall, upon and by virtue of being so declared, vacate the office or place by reason of which this section applies to him.
[Section 37 inserted: No. 78 of 1984 s. 10.]
38.Seats in Parliament vacated in certain cases
Subject to any resolution passed by the Legislature under section 39, if any member of the Legislature, after his election —
(a)ceases to be qualified under the Electoral Act 1907 section 76A to be elected as a member of the Legislature; or
(b)becomes disqualified for membership of the Legislature by section 32 or section 34; or
(c)becomes a person to whom section 36 or section 37 applies; or
(d)takes the benefit, whether by entering into a personal insolvency agreement or otherwise, of any law relating to bankrupt or insolvent debtors; or
(e)becomes of unsound mind; or
(f)takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence, to any foreign Prince or Power, or does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign State or Power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or
(g)fails to give his attendance in the House of which he is a member for one entire session thereof without the permission of the House entered upon its journals,
his seat shall thereupon become vacant.
[Section 38 amended: No. 4 of 1947 s. 2 (as amended: No. 46 of 1963 s. 10); No. 12 of 1948 s. 3 (as amended: No. 46 of 1963 s. 10); No. 111 of 1969 s. 2; No. 15 of 1975 s. 2; No. 78 of 1984 s. 11; No. 64 of 2006 s. 9; No. 18 of 2009 s. 20.]
(1)This section applies to any case where a person has, or it is alleged that a person has, at any time (in this section called the material time) become the holder of an office or place —
(a)specified in Part 1 or 2 of Schedule V; or
(b)as a member of any commission, council, board, committee, authority, trust or other body specified in Part 3 of Schedule V; or
(c)referred to in section 36(1),
and, at the material time, that person was a member of the Legislature.
(2)If, in a case to which this section applies, it appears to the Legislature that the person concerned has, since the material time, resigned from or otherwise ceased to hold the office or place in question, and that it is otherwise proper so to do, the Legislature may, by resolution passed by both Houses, direct that his becoming the holder of that office or place at the material time shall be disregarded for the purposes of section 38 and the resolution shall have effect according to its tenor.
(3)A resolution may be made under subsection (2), and a resolution made under that subsection shall have effect, notwithstanding that proceedings may have been commenced in the Supreme Court under section 41 and notwithstanding any declaration made by the Supreme Court under that section.
(4)The provisions of sections 67(2) and (3) and 156B(2) and (3) of the Electoral Act 1907 do not apply to or in relation to any vacancy occurring by operation of section 38 in a case to which this section applies.
[Section 39 inserted: No. 78 of 1984 s. 12; amended: No. 40 of 1987 s. 13.]
[39A‑39C.Deleted: No. 78 of 1984 s. 12.]
40.Presence of unqualified persons not to invalidate proceedings
The proceedings of the Legislative Council or Legislative Assembly shall not be invalidated by reason of the presence in that House of —
(a)any person not qualified under the Electoral Act 1907 section 76A to be elected as a member of that House; or
(b)any person disqualified by section 32 or section 34 for membership of that House; or
(c)any person whose seat as a member of that House has become vacant by operation of section 36 or section 38.
[Section 40 inserted: No. 78 of 1984 s. 12; amended: No. 64 of 2006 s. 10.]
41.Jurisdiction of Court of Appeal
(1)Any person entitled to vote for the election of a member of the Legislative Assembly at a general election may apply to the Court of Appeal, in accordance with Rules of Court, for a declaration as to whether or not —
(a)by operation of section 35 the election of that person or another person as a member of the Legislature is void; or
(b)by operation of section 36 or section 38 the seat of that person or another person as a member of the Legislature has become vacant; or
(c)by operation of section 37 that person or another person has vacated an office or place.
(2)Upon any application made under subsection (1) by a person other than the person in respect of whom a declaration is sought, the person in respect of whom a declaration is sought shall be the respondent; and the applicant shall give such security for the costs of the proceedings not exceeding $500 as the Court of Appeal may direct.
(3)In hearing and determining an application under this section the Court of Appeal shall give effect to any resolution made under section 39(2) in respect of the person in respect of whom a declaration is sought.
[Section 41 inserted: No. 78 of 1984 s. 12; amended: No. 45 of 2004 s. 37.]
[41A.Deleted: No. 78 of 1984 s. 12.]
(1)Subject to subsection (2), the Governor may, by Order in Council, amend Schedule V.
(2)An Order in Council shall be made under this section if and only if the making of that Order has been recommended by resolution passed by both Houses of the Legislature.
(3)An Order in Council made under this section shall take and have effect —
(a)in the case of an Order adding an office to Part 1 of Schedule V, or adding an office or place to Part 2 of Schedule V or adding a commission, council, board, committee, authority, trust or other body to Part 3 of Schedule V — at and from the expiration of 30 days from the day on which the Order is published in the Government Gazette; or
(b)in the case of any other Order — on and from the day on which the Order is published in the Government Gazette.
(4)The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section.
[Section 42 inserted: No. 78 of 1984 s. 12.]
43.Principal executive offices
(1)There may be 17 principal executive offices of the Government liable to be vacated on political grounds, and no more.
(2)The offices shall be such 17 offices as shall be designated and declared by the Governor in Council, from time to time, to be the 17 principal executive offices of the Government for the purposes of this Act.
(3)One at least of such executive offices shall always be held by a member of the Legislative Council.
(4)Before a person who accepts such an executive office performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI.
[Section 43 amended: No. 25 of 1927 s. 2; No. 2 of 1950 s. 2; No. 2 of 1965 s. 3; No. 86 of 1975 s. 3; No. 5 of 1980 s. 3; No. 10 of 1986 s. 3; No. 24 of 2005 s. 9.]
44.No person to draw salaries for 2 offices
If any person accepts any 2 or more of the offices liable to be vacated on political grounds, it shall not be competent for him to receive the salary of more than one office.
(1)The Governor in Council may —
(a)appoint a person who is a member of the Legislature to be the Parliamentary Secretary to a Minister, that is to the holder of a principal executive office referred to in section 43; and
(b)at any time revoke such an appointment.
(2)An office of Parliamentary Secretary under this section is not one to which section 43 applies but is liable to be vacated on political grounds in the same manner as a principal executive office referred to in that section.
(3)The functions of a Parliamentary Secretary appointed under this section are such as the Governor in Council may specify in the instrument of appointment.
(4)A Parliamentary Secretary appointed under this section shall be paid an allowance or allowances under subsection (5) but otherwise shall not receive any remuneration in respect of that office.
(5)The allowances referred to in subsection (4) are —
(a)an allowance in respect of holding the office of Parliamentary Secretary; and
(b)an allowance for and in respect of expenses necessarily or reasonably incurred in connection with the office of Parliamentary Secretary,
determined under the Salaries and Allowances Act 1975 section 6.
(6)Before a person who is appointed to be a Parliamentary Secretary performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI.
[Section 44A inserted: No. 38 of 1990 s. 4; amended: No. 24 of 2005 s. 10; No. 56 of 2006 s. 4.]
45.Oath of office for members of Executive Council
The form of the oath or affirmation of office for a person who has been appointed to be a member of the Executive Council is that set out in Division 2 of Schedule VI.
[Section 45 inserted: No. 24 of 2005 s. 11.]
45A.Executive Council meetings
(1)In this section —
remote communication, in relation to a meeting, means any technology that enables all the persons taking part in the meeting to communicate with each other at the same time in a reasonably continuous way.
(2)A meeting of the Executive Council may be held —
(a)in person; or
(b)using remote communication; or
(c)by a mix of those 2 ways of meeting.
(3)A person (including the Governor or any member who is presiding) who participates in a meeting of the Executive Council using remote communication is taken to be present at the meeting.
(4)This section applies despite anything in any Letters Patent relating to the office of Governor.
[Section 45A inserted: No. 34 of 2020 s. 84.]
46.Powers of the 2 Houses in respect of legislation
(1)Bills appropriating revenue or moneys, or imposing taxation, shall not originate in the Legislative Council; but a Bill shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand of payment or appropriation of fees for licences, or fees for registration or other services under the Bill.
(2)The Legislative Council may not amend Loan Bills, or Bills imposing taxation, or Bills appropriating revenue or moneys for the ordinary annual services of the Government.
(3)The Legislative Council may not amend any Bill so as to increase any proposed charge or burden on the people.
(4)The Legislative Council may at any stage return to the Legislative Assembly any Bill which the Legislative Council may not amend, requesting by message the omission or amendment of any item or provision therein: provided that any such request does not increase any proposed charge or burden on the people. The Legislative Assembly, may if it thinks fit, make such omissions or amendments, with or without modifications.
(5)Except as provided in this section, the Legislative Council shall have equal power with the Legislative Assembly in respect of all Bills.
(6)A Bill which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.
(7)Bills imposing taxation shall deal only with the imposition of taxation.
(8)A vote, resolution, or Bill for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor to the Legislative Assembly.
(9)Any failure to observe any provision of this section shall not be taken to affect the validity of any Act whether enacted before or after the coming into operation of the Constitution Acts Amendment Act 1977.
[Section 46 inserted: No. 34 of 1921 s. 2; amended: No. 63 of 1950 s. 2; No. 28 of 1977 s. 2.]
[47, 47A.Deleted: No. 40 of 1987 s. 14.]
48.Revision or compilation of electoral rolls upon commencement of Act
(1)It shall be the duty of the Electoral Registrars, immediately after the commencement of this Act, to amend the Electoral Roll for each Province and District by removing from the roll the name of every elector whose qualification by the operation of this Act is situate or arises in some other Province or District, and to insert every name so removed on the Electoral Roll of the Province or District to which the qualification is, by the operation of this Act, transferred.
(2)In the case of a Province or District created by this Act for which there is no electoral roll in existence, the Electoral Registrar shall remove from the roll of the Province or District of which the newly created Province or District formed part, the name of every elector whose qualification by the operation of this Act is situate or arises in such newly formed Province or District, and shall compile a roll for every such last‑mentioned Province or District of the names so removed in the form prescribed by the Electoral Act 1899 2, and such roll shall be forwarded by such Electoral Registrar to the Electoral Registrar of the newly formed Province or District, and such roll shall be the electoral roll for every such newly formed Province or District until a new roll is completed, and every elector whose name appears thereon, pursuant to this section, shall be entitled to vote for a member or members for such newly formed Province or District.
No action or other proceeding to recover any forfeiture, penalty, or sum of money under this Act shall be commenced except within 3 months after the time at which the right to bring such action or to take such proceeding first arose.
50.Plaintiff to give security for costs
No action or other proceeding for the recovery of any penalty, forfeiture, or sum of money in respect of the breach or violation of any of the provisions of this Act shall be commenced unless and until the plaintiff shall pay into Court the sum of $200 as security for all such costs as may be awarded to the defendant in such action or proceeding, and such sum shall abide the order of the Court or a Judge.
[Section 50 amended: No. 113 of 1965 s. 8(1).]
51.No action to lie against officials of either House
No action or other legal proceedings shall lie or be maintained against the President of the Legislative Council, or the Speaker of the Legislative Assembly, or against the Chairman of Committees, or other officer of either House of Parliament, or any member of the Police Force, for anything done by, or under the warrant, or by the direction of, such President, Speaker, or other officer, under or purporting to be under the standing orders or any other order or resolution of the House in which he presides, or of which he is an officer, as the case may be, or under or purporting to be under the provisions of “An Act for defining the Privileges, Immunities, and Powers of the Legislative Council and Legislative Assembly of Western Australia, respectively.” 3.
[Section 51 amended: No. 8 of 2009 s. 37.]
52.Proclamation of Royal Assent and commencement of Act
This Act shall be proclaimed in Western Australia by the Governor so soon as he shall have received a notification by telegraph or otherwise of the Royal Assent thereto, and shall commence and take effect from the date of the publication of such Proclamation, but the constitution of the existing Legislative Assembly shall remain unaffected by this Act until the said Assembly is dissolved by effluxion of time or otherwise.
Schedule I — Enactments repealed
[s. 2]
[Heading amended: No. 19 of 2010 s. 14(2).]
|
Session and Number |
Extent of Repeal |
|
52 Vict., No. 23 ........................... |
Sections 14, 18 to 21 inclusive, 23 to 30 inclusive, and 32, 33, and 40. |
|
54 Vict., No. 6 ............................. |
The Whole. |
|
55 Vict., No. 32 ........................... |
Section 30, subsections (1a) and (4); Section 31. |
|
56 Vict., No. 17 ........................... |
The Whole. |
|
57 Vict., No. 14 ........................... |
The Whole. |
|
58 Vict., No. 15 ........................... |
The Whole. |
|
60 Vict., No. 18 ........................... |
The Whole. |
[Schedule II deleted: No. 46 of 1963 s. 9.]
[Schedule III related to section 30 which was deleted: No. 27 of 1907 s. 211.]
[Schedule IV deleted: No. 19 of 1989 s. 5.]
Schedule V — Offices and bodies to which Part I Division 3 applies
[s. 34 and 37]
[Heading inserted: No. 19 of 2010 s. 14(3).]
Part 1 — Disqualifying offices
[Heading inserted: No. 19 of 2010 s. 14(3).]
Division 1 — Judicial, tribunal and similar offices
[Heading inserted: No. 19 of 2010 s. 14(3).]
Chief Justice of Western Australia or other judge of the Supreme Court.
Master of the Supreme Court.
Chief Judge or other judge of the District Court.
President or other judge or magistrate of the Children’s Court.
Chief Judge or other judge of the Family Court of Western Australia.
Chief Magistrate, Deputy Chief Magistrate or magistrate of the Magistrates Court.
Industrial magistrate appointed under the Industrial Relations Act 1979.
Coroner appointed under the Coroners Act 1996.
Chief Assessor of Criminal Injuries Compensation or an Assessor of Criminal Injuries Compensation appointed under the Criminal Injuries Compensation Act 2003.
Chief Commissioner, Senior Commissioner or other commissioner of The Western Australian Industrial Relations Commission.
Chairman or other member of the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975.
Chairman of the Coal Industry Superannuation Board.
Member of the Mental Health Tribunal established by the Mental Health Act 2014.
Public service arbitrator appointed under Division 2 of Part IIA of the Industrial Relations Act 1979.
Chairman, or deputy of the chairman, of the Railways Classification Board established under Division 3 of Part IIA of the Industrial Relations Act 1979.
Member of the State Administrative Tribunal.
Western Australian Energy Disputes Arbitrator appointed under section 62 of the Energy Arbitration and Review Act 1998.
[Division 1 inserted: No. 78 of 1984 s. 14; amended: No. 97 of 1986 s. 40; No. 21 of 1987 s. 11; No. 28 of 1989 s. 33(3); No. 15 of 1991 s. 22(a); No. 44 of 1991 s. 3; No. 34 of 1992 s. 85; No. 37 of 1992 s. 39(a); No. 1 of 1995 s. 23(a); No. 2 of 1996 s. 61; No. 65 of 1998 Sch. 3 Div. 1; No. 34 of 1999 s. 61; No. 77 of 2003 s. 73; No. 55 of 2004 s. 1324; No. 59 of 2004 s. 141; No. 73 of 2006 s. 116(2); No. 16 of 2009 s. 68; No. 25 of 2014 s. 39; No. 50 of 2016 s. 5(1); No. 39 of 2018 s. 67.]
[Heading inserted: No. 19 of 2010 s. 14(4).]
Auditor General appointed under the Auditor General Act 2006.
Agent General appointed under the Agent General Act 1895.
Chief executive officer of an agency within the meaning of the Public Sector Management Act 1994.
Clerk of the Legislative Assembly.
Clerk of the Legislative Council.
Commissioner and Deputy Commissioner appointed under the Corruption, Crime and Misconduct Act 2003.
Commissioner for Children and Young People appointed under the Commissioner for Children and Young People Act 2006.
Commissioner of Police appointed under the Police Act 1892.
Director of Public Prosecutions and Deputy Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991.
Director of the Health and Disability Services Complaints Office appointed under the Health and Disability Services (Complaints) Act 1995.
Electoral Commissioner or Deputy Electoral Commissioner appointed under the Electoral Act 1907.
Information Commissioner appointed under the Freedom of Information Act 1992.
Inspector of Custodial Services appointed under the Inspector of Custodial Services Act 2003.
Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971.
Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003.
Public Sector Commissioner appointed under the Public Sector Management Act 1994.
Senior executive officer within the meaning of the Public Sector Management Act 1994.
An office —
(a)referred to in the Salaries and Allowances Act 1975 section 6(1)(d) or (e); or
(b)held by a person specified in column 2 of Schedule 2 to that Act for a Government entity as defined in section 7C(1) of that Act, whether or not the person is an executive officer as defined in that subsection.
Solicitor‑General appointed under the Solicitor-General Act 1969.
[Division 2 inserted: No. 32 of 1994 s. 9(a); amended: No. 57 of 1997 s. 70; No. 43 of 1999 s. 20; No. 55 of 2000 s. 10; No. 20 of 2002 s. 109; No. 67 of 2003 Sch. 2 cl. 6(1); No. 75 of 2003 s. 56(1); No. 48 of 2006 s. 65; No. 77 of 2006 Sch. 1 cl. 30; No. 33 of 2010 s. 55; No. 39 of 2010 s. 73; No. 35 of 2014 s. 39; No. 46 of 2016 s. 11; No. 5 of 2024 s. 28.]
[Division 3 deleted: No. 32 of 1994 s. 9(a).]
Part 2 — Offices or places vacated on election
[Heading inserted: No. 19 of 2010 s. 14(5).]
Division 1 — Tribunal and board offices
[Heading inserted: No. 19 of 2010 s. 14(5).]
Member, or deputy of a member, of the Railways Classification Board, established under Division 3 of Part IIA of the Industrial Relations Act 1979.
[Division 1 inserted: No. 78 of 1984 s. 14; amended: No. 15 of 1991 s. 22(b); No. 37 of 1992 s. 39(b); No. 1 of 1995 s. 23(b); No. 34 of 1999 s. 61; No. 59 of 2004 s. 141; No. 50 of 2016 s. 5(2).]
Division 2 — Other offices or places
[Heading inserted: No. 19 of 2010 s. 14(6).]
The office or place of —
Any person employed in a department or SES organization within the meaning of the Public Sector Management Act 1994, that is to say —
(a)any person employed in —
(i)that department who is a public service officer; or
(ii)that SES organization who is a member of the Senior Executive Service,
within the meaning of that Act;
(b)any person appointed or employed by the Governor under any Act administered in that department or SES organization;
(c)any person —
(i)who is appointed or employed under any enactment; or
(ii)whose remuneration as such is defrayed in whole or in part out of moneys provided by Parliament,
being a person appointed or employed by —
(iii)the Minister of the Crown administering that department or SES organization; or
(iv)the chief executive officer or chief employee, within the meaning of the Public Sector Management Act 1994, of that department or SES organization; or
(v)a person in that department or SES organization in whom the power to make minor appointments is vested in accordance with the proviso to section 74 of the Constitution Act 1889.
Any person appointed or employed by the holder of an office mentioned in Division 2 of Part 1.
Any person appointed or employed by a body mentioned in Part 3 or by an instrumentality of which such a body is the governing authority or by The Western Australian Museum constituted under the Museum Act 1969, The Library Board of Western Australia constituted under the Library Board of Western Australia Act 1951.
Any person who is an employee within the meaning of the Public Sector Management Act 1994 not referred to in a preceding item of this Division.
Any person who is a member of the Police Force appointed under the Police Act 1892.
Any person who is a member of the teaching staff appointed under the School Education Act 1999.
Any person appointed pursuant to section 74 of the Constitution Act 1889 other than a member of the Executive Council who holds any of the principal executive offices of the Government liable to be vacated on political grounds that are referred to in section 43.
Any person who is a member of a department of the staff of Parliament referred to in, or an electorate officer within the meaning of, the Parliamentary and Electorate Staff (Employment) Act 1992.
[Division 2 inserted: No. 32 of 1994 s. 9(b); amended: No. 36 of 1999 s. 247; No. 3 of 2015 s. 14.]
Part 3 — Bodies membership of which is vacated on election
[Heading inserted: No. 19 of 2010 s. 14(7).]
The Aboriginal Advisory Council established under the Aboriginal Affairs Planning Authority Act 1972.
The Aboriginal Cultural Heritage Committee established under the Aboriginal Heritage Act 1972.
The Aboriginal Housing Board responsible to the Minister for Housing.
The Aboriginal Lands Trust established by the Aboriginal Affairs Planning Authority Act 1972.
The adoption applications committee appointed under the Adoption Act 1994.
The advisory committee constituted under the Charitable Collections Act 1946.
The Advisory Committee constituted under the Control of Vehicles (Off-road Areas) Act 1978.
Any advisory body established or continued under the Children and Community Services Act 2004.
Any advisory body established under the Child Care Services Act 2007.
Any advisory committee established or continued in existence under Part 4 of the Fish Resources Management Act 1994.
Any advisory panel appointed under Part 6 of the Land Administration Act 1997.
The Agricultural Produce Commission or any producers’ committee established under the Agricultural Produce Commission Act 1988.
The Air Pollution Control Council established by the Clean Air Act 1964 4.
The Anaesthetic Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911.
The Appeal Costs Board constituted under the Suitors’ Fund Act 1964.
The Architects Board of Western Australia established under the Architects Act 2004.
The Arts and Culture Trust established under the Arts and Culture Trust Act 2021.
Any board constituted under section 3 of the Parks and Reserves Act 1895 other than the Parliamentary Reserve Board.
The Board of directors of Gold Corporation constituted under the Gold Corporation Act 1987.
The Board of Directors of the Honey Pool of Western Australia constituted under the Honey Pool Act 1978 5.
The board of Infrastructure WA established under the Infrastructure Western Australia Act 2019.
The board of the Minerals Research Institute of Western Australia established under the Minerals Research Institute of Western Australia Act 2013.
The board of directors of a corporation established by the Governor under the Water Corporations Act 1995 section 4(4).
The board of directors of the Bunbury Water Corporation established by the Water Corporations Act 1995 section 4(2).
The board of directors of the Busselton Water Corporation established by the Water Corporations Act 1995 section 4(3).
The board of directors of the Water Corporation established by the Water Corporations Act 1995 section 4(1).
The board of directors of the Western Australian Land Authority constituted under the Western Australian Land Authority Act 1992.
The board of management of the Botanic Gardens and Parks Authority established by the Botanic Gardens and Parks Authority Act 1998.
The board of management of the Gascoyne Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Goldfields‑Esperance Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Great Southern Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Kimberley Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Mid West Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Peel Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Pilbara Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the South West Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Wheatbelt Development Commission established by the Regional Development Commissions Act 1993.
The board of management of the Western Australian Land Information Authority established by the Land Information Authority Act 2006.
The board of management of the Western Australian Sports Centre Trust constituted under the Western Australian Sports Centre Trust Act 1986.
Any board of reference constituted under the Construction Safety Act 1972 6 or the Machinery Safety Act 1974 6.
The Board of the Art Gallery of Western Australia constituted under the Art Gallery Act 1959.
The board of the Western Australian Greyhound Racing Association constituted under the Western Australian Greyhound Racing Association Act 1981.
The Board of Valuers established by the Planning and Development Act 2005.
The Building Services Board established under the Building Services (Registration) Act 2011.
The Building and Construction Industry Training Board established under the Building and Construction Industry Training Fund and Levy Collection Act 1990.
The Caravan Parks and Camping Grounds Advisory Committee established under the Caravan Parks and Camping Grounds Act 1995.
The Casino Control Committee 7 established under the Casino Control Act 1984.
The Charcoal Iron and Steel Industry Board of Management constituted under the Wood Distillation and Charcoal Iron and Steel Industry Act 1943 8.
The Chemistry Centre (WA) established by the Chemistry Centre (WA) Act 2007.
The Chicken Meat Industry Committee continued by the Chicken Meat Industry Act 1977 9.
The Coal Miners’ Welfare Board of Western Australia constituted under the Coal Miners’ Welfare Act 1947.
The Conservation and Environment Council 10 established under the Environmental Protection Act 1971 11.
The Conservation and Parks Commission established under the Conservation and Land Management Act 1984.
The Construction Safety Advisory Board constituted under the Construction Safety Act 1972 6.
Any consultative committee appointed under the Legal Aid Commission Act 1976.
The Consumer Advisory Committee established under the Fair Trading Act 2010.
The Country Housing Authority established under the Country Housing Act 1998.
The Disability Services Commission being the body continued by section 6 of the Disability Services Act 1993.
The Distressed Persons Relief Trust constituted by the Distressed Persons Relief Trust Act 1973 12.
Any district advisory committee established under section 23 of the Soil and Land Conservation Act 1945 13.
The Economic Regulation Authority established by the Economic Regulation Authority Act 2003.
The Electricity Generation and Retail Corporation established by section 4(1)(a) of the Electricity Corporations Act 2005.
The Electricity Networks Corporation established by section 4(1)(b) of the Electricity Corporations Act 2005.
Any environmental appeal board 14 constituted under the Environmental Protection Act 1971 11.
The Environmental Protection Authority 15 established under the Environmental Protection Act 1971 11.
The Fluoridation of Public Water Supplies Advisory Committee established under the Fluoridation of Public Water Supplies Act 1966.
The Forest Products Commission established under the Forest Products Act 2000.
The Fremantle Port Authority established under the Port Authorities Act 1999.
The Gender Reassignment Board of Western Australia established by the Gender Reassignment Act 2000.
The governing body of the School Curriculum and Standards Authority established by the School Curriculum and Standards Authority Act 1997.
The Government Employees Superannuation Board under the State Superannuation Act 2000.
The Hairdressers Registration Board of Western Australia constituted under the Hairdressers Registration Act 1946 16.
The Health Education Council of Western Australia constituted under the Health Education Council Act 1958 12.
Any National Health Practitioner Board established under the Health Practitioner Regulation National Law (Western Australia).
Any health service provider established by order under the Health Services Act 2016.
The Heritage Council of Western Australia established by the Heritage Act 2018.
The Insurance Brokers Licensing Board constituted under the General Insurance Brokers and Agents Act 1981 17.
Insurance Commission of Western Australia continued under the Insurance Commission of Western Australia Act 1986.
The Keep Australia Beautiful Council (W.A.) established by the Litter Act 1979.
The Kimberley Ports Authority established under the Port Authorities Act 1999.
The Land Surveyors Licensing Board constituted under the Licensed Surveyors Act 1909.
The Land Valuers Licensing Board 18 constituted under the Land Valuers Licensing Act 1978.
The Law Reform Commission of Western Australia established under the Law Reform Commission Act 1972.
The Law Reporting Advisory Board constituted by the Law Reporting Act 1981.
The Legal Aid Commission of Western Australia established under the Legal Aid Commission Act 1976.
The Legal Contribution Trust established by the Legal Profession Uniform Law Application Act 2022.
The Legislative Review and Advisory Committee established under the Legislative Review and Advisory Committee Act 1976 19.
The Liquor Commission established under the Liquor Control Act 1988.
The Local Government Advisory Board established under the Local Government Act 1995.
The Local Health Authorities Analytical Committee established by the Health (Miscellaneous Provisions) Act 1911 section 247A.
The Lotteries Commission continued under the Lotteries Commission Act 1990.
The Machinery Safety Advisory board constituted under the Machinery Safety Act 1974 6.
The Maternal Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911.
The board of management of the Metropolitan Redevelopment Authority established under the Metropolitan Redevelopment Authority Act 2011.
Any land redevelopment committee established under the Metropolitan Redevelopment Authority Act 2011.
The Mid West Ports Authority established under the Port Authorities Act 1999.
The Mining and Petroleum Advisory Committee established under the Mining and Petroleum Research Act 1981 21.
The Mining Rehabilitation Advisory Panel established by the Mining Rehabilitation Fund Act 2012.
The Ministerial Advisory Council on Disability established under the Disability Services Act 1993.
The Motor Vehicle Industry Advisory Committee established under the Fair Trading Act 2010.
The Motor Vehicle Industry Board 22 established under the Motor Vehicle Dealers Act 1973.
The Multicultural and Ethnic Affairs Commission established by the Multicultural and Ethnic Affairs Commission Act 1983 23.
The National Parks Authority of Western Australia established by the National Parks Authority Act 1976 24.
The Noise Abatement Advisory Committee established by the Noise Abatement Act 1972 6.
The Noise and Vibration Control Council established by the Noise Abatement Act 1972 6.
The Nomenclature Advisory Committee responsible to the Minister for Lands and Surveys 25.
The Pastoral Appraisement Board constituted under the Land Act 1933 26.
The Perinatal and Infant Mortality Committee constituted under the Health (Miscellaneous Provisions) Act 1911.
The Pharmacy Registration Board of Western Australia established under the Pharmacy Act 2010.
The Pilbara Ports Authority established under the Port Authorities Act 1999.
The Plumbers Licensing Board established by the Plumbers Licensing Act 1995.
Any prices advisory committee established under the Petroleum Products Pricing Act 1983.
The Primary Schools Appointments Board constituted under regulation 91 of the Education Regulations 1960 27.
The Prisoners Review Board established under the Sentence Administration Act 2003.
The Professional Standards Council established under the Professional Standards Act 1997.
Any professional, trade or other advisory committee established pursuant to regulation 253 of the Education Regulations 1960 27.
The Property Industry Advisory Committee established under the Fair Trading Act 2010.
The Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003.
The Queen Elizabeth II Medical Centre Trust constituted under the Queen Elizabeth II Medical Centre Act 1966.
The board of Racing and Wagering Western Australia established by the Racing and Wagering Western Australia Act 2003.
The Radiological Council established under the Radiation Safety Act 1975.
The Real Estate and Business Agents Supervisory Board 28 constituted under the Real Estate and Business Agents Act 1978.
The Regional Power Corporation established by section 4(1)(d) of the Electricity Corporations Act 2005.
The Road Safety Council established under the Road Safety Council Act 2002.
The Road Freight Transport Industry Council established under the Owner‑Drivers (Contracts and Disputes) Act 2007.
The Rural Business Development Corporation preserved and continued by the Rural Business Development Corporation Act 2000.
Any selection committee constituted under regulation 2.7 of the Mines Regulation Act Regulations 1976 29.
The Settlement Agents Supervisory Board 30 constituted under the Settlement Agents Act 1981.
The Small Business Development Corporation established under the Small Business Development Corporation Act 1983.
The Soil and Land Conservation Council constituted under the Soil and Land Conservation Act 1945.
The Solar Energy Advisory Committee established under the Solar Energy Research Act 1977 31.
The Southern Ports Authority established under the Port Authorities Act 1999.
The State Advisory Committee on Publications constituted under the Indecent Publications and Articles Act 1902 32.
The State Training Board of Western Australia established under the Vocational Education and Training Act 1996.
The Supervised Release Review Board established under the Young Offenders Act 1994.
The Teacher Registration Board of Western Australia established under the Teacher Registration Act 2012.
Any technical college, school or centre advisory committee established under regulation 256 of the Education Regulations 1960 27.
The Training Accreditation Council established under the Vocational Education and Training Act 1996.
Any Transport Strategy Committee established under the State Transport Co‑ordination Act 1981 33.
The Trustees of the Karrakatta Cemetery appointed under the Cemeteries Act 1897 34.
The Trustees of the Technical Education Division Self Supporting Activities appointed under regulation 240 of the Education Regulations 1960 27.
The Urban Lands Council 35 responsible to the Minister for Housing.
The Veterinary Practice Board of Western Australia established by the Veterinary Practice Act 2021.
The Veterinary Preparations and Animal Feeding Stuffs Advisory Committee established under the Veterinary Preparations and Animal Feeding Stuffs Act 1976 36.
The Voluntary Assisted Dying Board established by the Voluntary Assisted Dying Act 2019.
The Waste Authority established under the Waste Avoidance and Resource Recovery Act 2007.
The Water Resources Council established by the Water Agencies (Powers) Act 1984.
The Western Australian Arts Council established by the Western Australian Arts Council Act 1973 37.
The Western Australian Coastal Shipping Commission established by the Western Australian Coastal Shipping Commission Act 1965.
The Western Australian Health Promotion Foundation established under the Western Australian Health Promotion Foundation Act 2016.
The Western Australian Herbarium Committee 38 responsible to the Minister for Agriculture.
The Western Australian Heritage Committee 38 responsible to the Minister for the Environment.
The Western Australian Local Government Grants Commission established under the Local Government Grants Act 1978.
The Western Australian Meat Industry Authority established under the Western Australian Meat Industry Authority Act 1976.
The Western Australian Planning Commission established under the Planning and Development Act 2005.
The Western Australian Post‑Secondary Education Commission established by the Western Australian Post‑Secondary Education Commission Act 1970 39.
The Western Australian Regional Development Trust established under the Royalties for Regions Act 2009.
The Western Australian Reproductive Technology Council established under the Human Reproductive Technology Act 1991.
The Western Australian Tourism Commission established under the Western Australian Tourism Commission Act 1983.
The Western Australian Tripartite Labour Consultative Council established under the Western Australian Tripartite Labour Consultative Council Act 1983 40.
The Western Australian Wheat Board constituted under the Wheat Marketing Act 1979 41.
The Western Australian Wheat Marketing Board constituted by the Wheat Marketing Act 1947 42.
Any wheat products prices committee constituted under the Wheat Products (Prices Fixation) Act 1938 23.
The Youth, Sport and Recreation Advisory Committee established under the Youth, Sport and Recreation Act 1978 44.
The Zoological Parks Authority established under the Zoological Parks Authority Act 2001.
[Part 3 inserted: No. 78 of 1984 s. 14; amended: No. 101 of 1986 s. 23; No. 32 of 1987 s. 36; No. 83 of 1987 s. 38; No. 88 of 1987 s. 20; No. 89 of 1987 s. 43; No. 99 of 1987 s. 79; No. 114 of 1987 s. 12; No. 75 of 1988 s. 27(2); No. 6 of 1990 s. 12; No. 10 of 1990 s. 38; No. 16 of 1990 s. 33; No. 27 of 1990 s. 4; No. 39 of 1990 s. 36; No. 40 of 1990 s. 46; No. 73 of 1990 s. 45; No. 76 of 1990 s. 33; No. 91 of 1990 s. 17; No. 104 of 1990 s. 35(1); No. 5 of 1991 s. 35; No. 22 of 1991 s. 63; No. 60 of 1991 s. 21; No. 62 of 1991 s. 59; No. 5 of 1992 s. 12(1); No. 27 of 1992 s. 84; No. 29 of 1992 s. 55; No. 40 of 1992 s. 3(b); No. 59 of 1992 s. 25; No. 77 of 1992 s. 41; No. 2 of 1993 s. 15; No. 10 of 1993 s. 56; No. 26 of 1993 s. 20; No. 32 of 1993 s. 11(2); No. 36 of 1993 s. 58; No. 40 of 1993 s. 20; No. 53 of 1993 s. 44; No. 6 of 1994 s. 13; No. 9 of 1994 s. 145; No. 35 of 1994 s. 67; No. 36 of 1994 s. 35; No. 45 of 1994 s. 21; No. 53 of 1994 s. 264; No. 62 of 1994 s. 109; No. 73 of 1994 s. 4; No. 83 of 1994 s. 50; No. 84 of 1994 s. 46(5); No. 89 of 1994 s. 109; No. 96 of 1994 s. 92; No. 103 of 1994 s. 18; No. 104 of 1994 s. 236; No. 11 of 1995 s. 58(1); No. 14 of 1995 s. 44; No. 26 of 1995 s. 23; No. 34 of 1995 s. 33; No. 73 of 1995 s. 188; No. 78 of 1995 s. 16; No. 14 of 1996 s. 4; No. 15 of 1996 s. 8(1); No. 40 of 1996 s. 152(3); No. 42 of 1996 s. 71; No. 45 of 1996 s. 38; No. 76 of 1996 s. 21; No. 17 of 1997 s. 35; No. 22 of 1997 s. 58; No. 31 of 1997 s. 16; No. 57 of 1997 s. 37; No. 58 of 1997 s. 97; No. 4 of 1998 s. 48; No. 13 of 1998 s. 34(1); No. 23 of 1998 s. 20; No. 30 of 1998 s. 8; No. 42 of 1998 s. 38; No. 45 of 1998 s. 8(1); No. 56 of 1998 s. 56; No. 5 of 1999 s. 21; No. 8 of 1999 s. 16; No. 26 of 1999 s. 67; No. 38 of 1999 s. 70; No. 39 of 1999 s. 11(2); No. 44 of 1999 s. 28(1); No. 58 of 1999 s. 100; No. 2 of 2000 s. 29(2); No. 20 of 2000 s. 33(1); No. 24 of 2000 s. 3(6) and 14(13); No. 35 of 2000 s. 52(1); No. 43 of 2000 s. 35; No. 72 of 2000 s. 44; No. 76 of 2000 s. 61; No. 12 of 2001 s. 47; No. 24 of 2001 s. 47; No. 25 of 2001 s. 69; No. 5 of 2002 s. 15; No. 24 of 2002 s. 22; No. 30 of 2002 s. 47; No. 8 of 2003 s. 87; No. 30 of 2003 s. 43; No. 31 of 2003 s. 202; No. 35 of 2003 s. 20, 50(2), 68(1), 116(1) and 221(1); No. 48 of 2003 s. 62 45; No. 50 of 2003 s. 29(3); No. 67 of 2003 Sch. 2 cl. 6(2); No. 73 of 2003 s. 24; No. 8 of 2004 s. 88; No. 20 of 2004 s. 7; No. 34 of 2004 Sch. 2 cl. 5; No. 40 of 2004 s. 16; No. 42 of 2004 s. 157; No. 53 of 2004 s. 79; No. 54 of 2004 s. 174; No. 55 of 2004 s. 1324; No. 57 of 2004 s. 35; No. 75 of 2004 s. 79; No. 18 of 2005 s. 139; No. 28 of 2005 Sch. 3 cl. 2; No. 29 of 2005 Sch. 3 cl. 2; No. 30 of 2005 Sch. 3 cl. 2; No. 31 of 2005 Sch. 3 cl. 2; No. 32 of 2005 Sch. 3 cl. 2; No. 33 of 2005 Sch. 3 cl. 2; No. 38 of 2005 s. 15; No. 42 of 2005 Sch. 3 cl. 4; No. 5 of 2006 s. 126; No. 21 of 2006 Sch. 3 cl. 2; No. 28 of 2006 s. 396; No. 41 of 2006 s. 89; No. 43 of 2006 s. 4; No. 50 of 2006 Sch. 3 cl. 3; No. 60 of 2006 s. 185; No. 73 of 2006 s. 116(3); No. 7 of 2007 s. 58; No. 10 of 2007 s. 43; No. 19 of 2007 s. 67; No. 24 of 2007 s. 22, 35 and 51; No. 36 of 2007 Sch. 4 cl. 1; No. 38 of 2007 s. 192; No. 21 of 2008 s. 650; No. 22 of 2008 Sch. 3 cl. 91; No. 28 of 2008 s. 12; No. 41 of 2009 s. 32; No. 30 of 2010 s. 4; No. 32 of 2010 s. 74; No. 35 of 2010 s. 44; No. 58 of 2010 s. 191; No. 16 of 2011 s. 127; No. 19 of 2011 s. 155; No. 24 of 2011 s. 160; No. 37 of 2011 s. 55; No. 45 of 2011 s. 136; No. 47 of 2011 s. 4; No. 54 of 2011 s. 3; No. 16 of 2012 s. 164; No. 22 of 2012 s. 111; No. 25 of 2012 s. 208; No. 33 of 2012 Pt. 6; No. 23 of 2013 s. 76; No. 25 of 2013 s. 37; No. 9 of 2014 s. 44; No. 13 of 2014 s. 183; No. 23 of 2014 s. 96; No. 25 of 2014 s. 40; No. 40 of 2015 s. 54; No. 28 of 2015 s. 72; No. 3 of 2016 s. 51; No. 11 of 2016 s. 288; No. 19 of 2016 s. 120; No. 22 of 2016 s. 14; No. 24 of 2016 s. 313; No. 41 of 2016 s. 21; No. 4 of 2018 s. 104; No. 22 of 2018 s. 184; No. 26 of 2018 s. 306; No. 13 of 2019 s. 74(2); No. 27 of 2019 s. 166; No. 24 of 2020 s. 56; No. 36 of 2020 s. 352; No. 15 of 2021 s. 74(2) and (3); No. 19 of 2021 s. 229(2) and (3);No. 24 of 2021 s. 12; No. 27 of 2021 s. 344(2); No. 9 of 2022 s. 424; No. 12 of 2022 s. 15; No. 19 of 2022 s. 20(2); No. 23 of 2023 s. 25; No. 24 of 2023 s. 102.]
Schedule VI — Oaths and affirmations of office
[s. 43(4), 44A(6) & 45]
[Heading inserted: No. 24 of 2005 s. 12.]
Division 1 — Holders of principal executive offices and for Parliamentary Secretaries
[Heading inserted: No. 24 of 2005 s. 12.]
I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005] that I will faithfully serve the people of Western Australia in the office of [title of office].
[Division 1 inserted: No. 24 of 2005 s. 12.]
Division 2 — Members of the Executive Council
[Heading inserted: No. 24 of 2005 s. 12.]
I, [name], [insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005] —
that I will faithfully serve the people of Western Australia as a member of the Executive Council;
that as and when required to do so I will freely give my advice as such a member to the Governor, or the person performing the functions of the Governor, for the good management of the public affairs of Western Australia;
and that I will not, directly or indirectly, reveal any matters that come before the Council and that I am required by the Council to keep secret.
[Division 2 inserted: No. 24 of 2005 s. 12.]
This is a compilation of the Constitution Acts Amendment Act 1899 and includes amendments made by other written laws 46, 47, 48, 49. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
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Short title |
Number and year |
Assent |
Commencement |
|
Native Title (State Provisions) Act 1999 s. 7.3 (Sch. 2 Div. 2) |
60 of 1999 |
10 Jan 2000 |
Operative on earliest of commencement of Pt. 2 (except s. 2.2), Pt. 3 (except s. 3.1) and Pt. 4 |
|
Aquatic Resources Management Act 2016 s. 364 |
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) |
|
TAB (Disposal) Act 2019 s. 146 |
21 of 2019 |
18 Sep 2019 |
To be proclaimed (see s. 2(1)(b)(xiii)) |
1Footnote no longer applicable.
2Repealed by the Electoral Act 1904, which was repealed by the Electoral Act 1907.
3Parliamentary Privileges Act 1891 (54 Vict. No. 4).
4Repealed by the Acts Amendment and Repeal (Environmental Protection) Act 1986.
5Repealed by the Honey Pool Repeal Act 1991.
6Repealed by the Acts Amendment (Occupational Health, Safety and Welfare) Act 1987.
7Under the Gaming and Wagering Commission Act 1987 s. 112 the Casino Control Committee was merged with the Gaming Commission of Western Australia (which is now the Gaming and Wagering Commission of Western Australia). Under s. 112(2) of that Act a reference to the Casino Control Committee in a written law passed or made before 4 Mar 1988 shall, unless the context is such that it would be inappropriate so to do, be read and construed as a reference to the Commission.
8Repealed by the Statutes (Repeals and Minor Amendments) Act 1997.
9The Chicken Meat Industry Act 1977 expired 31 Dec 2010 (see Gazette 19 Dec 2003 p. 5140).
10Under the Environmental Protection Act 1986 Sch. 3 it. 20, a reference to the Conservation and Environment Council shall be construed as a reference to the Environmental Protection Authority unless the context is such that it would be incorrect or inappropriate.
11Repealed by the Acts Amendment and Repeal (Environmental Protection) Act 1986.
12Repealed by the Acts Amendment and Repeal (Statutory Bodies) Act 1985.
13Relevant provisions amended by the Soil and Land Conservation Amendment Act 1988. Committees are now land conservation district committees.
14Under the Environmental Protection Act 1986 Sch. 3 it. 20, a reference to an environmental appeal board shall be construed as a reference to an appeals committee unless the context is such that it would be incorrect or inappropriate.
15The Authority continued in existence under the Environmental Protection Act 1986 s. 7(1).
16The Hairdressers Registration Act 1946 expired on 13 Mar 2012 (see Gazette 13 Mar 2012 p. 1041).
17Repealed by the General Insurance Brokers and Agents Act Repeal Act 1986.
18The Land Valuers Licensing Board was abolished on 1 Jul 2011. The Land Valuers Licensing Act 1978 s. 38 and 39 read as follows:
38.Former Board abolished
Subject to sections 44 and 45, at the beginning of the commencement day, the former Board is abolished and its members go out of office.
39.References to former Board or Registrar
If in a written law or other document or instrument there is a reference to the former Board or the former Registrar, that reference may, where the context so requires, be read as if it had been amended to be a reference to the Commissioner.
19Repealed by the Legislative Review and Advisory Committee Repeal Act 1987.
20Footnote no longer applicable.
21Repealed by the Minerals and Energy Research Act 1987.
22The Motor Vehicle Industry Board was abolished on 1 Jul 2011. The Motor Vehicle Dealers Act 1973 s. 58 and 59 read as follows:
58.Former Board abolished
Subject to sections 63 and 64, at the beginning of the commencement day, the former Board is abolished and its members go out of office.
59.References to former Board
If in a written law or other document or instrument there is a reference to the former Board, that reference may, where the context so requires, be read as if it had been amended to be a reference to the Commissioner.
23Repealed by the Statute Law Revision Act 2006 s. 3(1).
24Repealed by the Conservation and Land Management Act 1984.
25Now titled the Geographic Names Committee and responsible to the Minister for Lands.
26The Pastoral Appraisement Board was superseded by the Pastoral Board — see the Land Act 1933 s. 98. The Land Act 1933 was subsequently repealed by the Land Administration Act 1997 s. 281. Section 94 of that Act establishes the Pastoral Lands Board of Western Australia.
27Repealed by the School Education Act 1999.
28The Real Estate and Business Agents Supervisory Board was abolished on 1 Jul 2011. The Real Estate and Business Agents Act 1978 s. 149 and 150 read as follows:
149.Former Board abolished
Subject to sections 156 and 157, at the beginning of the commencement day, the former Board is abolished and its members go out of office.
150.References to the former Board
If in a written law or other document or instrument there is a reference to the former Board, that reference may, where the context so requires, be read as if it had been amended to be a reference to the Commissioner.
29The Mines Regulation Act Regulations 1976 r. 2.7 was repealed by the Mines Regulation Amendment Regulations 1990 by Gazette 15 Mar 1991 p. 1167.
30The Settlement Agents Supervisory Board was abolished on 1 Jul 2011. The Settlement Agents Act 1981 s. 125 and 126 read as follows:
125.Former Board abolished
Subject to sections 132 and 133, at the beginning of the commencement day, the former Board is abolished and its members go out of office.
126.References to the former Board
If in a written law or other document or instrument there is a reference to the former Board, that reference may, where the context so requires, be read as if it had been amended to be a reference to the Commissioner.
31Relevant provisions deleted by the Solar Energy Research Amendment Act 1987 and Act expired 30 Jun 1988.
32Repealed by the Censorship Act 1996, now known as the Classification (Publications, Films and Computer Games) Enforcement Act 1996.
33Repealed by the Acts Amendment and Repeal (Transport Co‑ordination) Act 1985.
34Repealed by the Cemeteries Act 1986. The former body corporate continued under the name “Karrakatta Cemetery Board”, see Sch. 2 cl. 4 of that Act.
35This Council was not in existence at the date of this compilation.
36 Relevant provisions deleted by the Agricultural Legislation Amendment and Repeal Act 1998 s. 21.
37Repealed by the Western Australian Arts Council Repeal Act 1986.
38This committee was not in existence at the date of this compilation.
39Repealed by the Acts Amendment and Repeal (Post-Secondary Education) Act 1989.
40Expired 7 Jun 1991.
41Repealed by the Wheat Marketing Act 1984, which was repealed by the Wheat Marketing Act 1989 which was repealed by the Acts Amendment and Repeal (Competition Policy) Act 2003.
42Expired 31 Oct 1984.
43Footnote no longer applicable.
44Repealed by the Youth, Sport and Recreation Repeal Act 1984.
45The Corruption and Crime Commission Act 2003 Sch. 3 was renumbered as Sch. 4 by the Corruption and Crime Commission Amendment and Repeal Act 2003 s. 35(12) and the reference to it in s. 62 was amended by the Corruption and Crime Commission Amendment and Repeal Act 2003 s. 35(13).
46Marginal notes in the Constitution Acts Amendment Act 1899 referring to the legislation from which provisions were derived have been omitted from this compilation.
47The amendments in the Sentencing Legislation Amendment and Repeal Act 1999 s. 26 are not included because it was deleted before it came into operation by the Sentencing Legislation Amendment and Repeal Act 2003 s. 31.
48The Conservation and Land Management Amendment Act 1991 s. 57 had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 35(3).
49The amendment in the State Superannuation Amendment Act 2007 s. 79 is not included because it was repealed by the State Superannuation Amendment Act 2011 s. 4 before the amendment purported to come into operation.
50The Motor Vehicle Dealers Amendment Act 2003 s. 25 and 26 read as follows:
25.Transitional provision: membership of Board
The persons who were members of the Motor Vehicle Dealers Licensing Board immediately before the commencement of section 10 cease to hold office on that commencement.
26.Transitional provisions: change of title of Board
(1)This section relates to the amendment made by section 9(1) which changes the title of the body established by section 7 of the Motor Vehicle Dealers Act 1973 from the “Motor Vehicle Dealers Licensing Board” to the “Motor Vehicle Industry Board”.
(2)The change of title of the body does not affect —
(a)its corporate identity;
(b)any right, power, or obligation of the body;
(c)any proceedings in progress; or
(d)anything previously done by, to or in respect of the body.
(3)On and after the commencement of this Act a reference to the “Motor Vehicle Dealers Licensing Board” in any instrument (including any subsidiary legislation) is to be construed, unless the context otherwise requires, as if the reference had been amended to be a reference to the “Motor Vehicle Industry Board”.
51The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
52The Criminal Law Amendment (Simple Offences) Act 2004 s. 81(4) and (5) read as follows:
(4)A person who is a member of the Legislative Assembly or the Legislative Council immediately before the commencement —
(a)does not become disqualified, on the commencement, for membership of the Legislative Assembly or the Legislative Council for the purposes of section 38(b) or 40(b) of the Constitution Acts Amendment Act 1899; and
(b)is not prevented from completing his or her current term as a member,
by reason only of a conviction that occurred before the commencement.
(5)In subsection (4) —
commencement means the commencement of this section.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
disqualified for membership of the Legislature31(1)
general election8(1)
Governor in Council3
Her Majesty3
indictable penalty32(2)
material time39(1)
member8(1), 31(1)
member of the Legislature31(1)
Minister3
offence32(2)
Person3
remote communication45A(1)
Treasurer3
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer