Constitution Acts Amendment Act 1899

Reprinted as at 15 April 1999

 

Reprinted under the

Reprints Act 1984 as at 15 April 1999

Western Australia

Constitution Acts Amendment Act 1899

CONTENTS

1.Short title1

2.Repeal1

3.Interpretation1

Part I — Legislature

5.Constitution of Legislative Council2

6.Electoral regions and representation2

7.Qualification of members of Legislative Council2

8.Retirement of members periodically3

8A. Provisions as to existing members and seats4

9.Resignation of members4

10.Tenure of seat by member filling vacancy4

11.Election of President4

12.Absence of President provided for5

13.President to hold office in certain cases until meeting of Parliament5

14.Quorum — division, casting vote5

15.Qualification and disqualification of electors5

18.Constitution of Legislative Assembly6

19.Electoral districts6

20.Qualification of members of Legislative Assembly6

21.Duration of Assembly7

22.Absence of Speaker provided for7

23.Speaker to hold office till meeting of new Parliament unless not re‑elected8

24.Quorum — division, casting vote8

25.Resignation of members8

31.Interpretation9

32.Disqualification by reason of bankruptcy or convictions9

33.Holders of offices or places not disqualified except under sections 34 to 4210

34.Disqualification of certain office‑holders and members of Parliament10

35.Election of unqualified or disqualified person void10

36.Certain offices and places must be vacated before member can take seat11

37.Office or place vacated in certain cases13

38.Seats in Parliament vacated in certain cases13

39.Provision for relief14

40.Presence of unqualified persons not to invalidate proceedings15

41.Jurisdiction of Supreme Court16

42.Power to amend Schedule V16

Part II — Executive

43.Principal executive offices18

44.No person to draw salaries for 2 offices18

44A. Parliamentary Secretaries18

Part III — Miscellaneous

46.Powers of the 2 Houses in respect of legislation20

48.Revision or compilation of electoral rolls upon commencement of Act21

49.Commencement of action21

50.Plaintiff to give security for costs21

51.No action to lie against officials of either House21

52.Proclamation of Royal Assent and commencement of Act22

Schedule V

Notes

 

Reprinted under the

Reprints Act 1984 as at 15 April 1999

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.

1.Short title

This Act may be cited as the Constitution Acts Amendment Act 1899 1, 1a.

2.Repeal

[Omitted under the Reprints Act 1984 s.7(4)(f).]

3.Interpretation

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 by No. 7 of 1920 s.2; No. 46 of 1963 s.8; No. 59 of 1978 s.9.]

[4.Repealed by No. 10 of 1998 s.76.]

Part I — Legislature

Legislative Council

5.Constitution of Legislative Council

The Legislative Council shall consist of 34 elected members who shall be returned and sit for electoral regions as defined under section 6.

[Section 5 inserted by No. 40 of 1987 s.6.]

6.Electoral regions and representation

(1)The State shall be divided into 6 electoral regions under the Electoral Distribution Act 1947.

(2)The electoral regions known, respectively, as the North Metropolitan Region and the South West Region shall each return 7 members to serve in the Legislative Council.

(3)The electoral regions known, respectively, as the South Metropolitan Region, the East Metropolitan Region, the Agricultural Region and the Mining and Pastoral Region shall each return 5 members to serve in the Legislative Council.

[Section 6 inserted by No. 40 of 1987 s.7.]

7.Qualification of members of Legislative Council

Subject as hereinafter provided, any person who has resided in Western Australia for one year shall be qualified to be elected a member of the Legislative Council, if such person is of the full age of 18 years, and not subject to any legal incapacity, and who is either an elector entitled to vote at an election of a member of the Legislative Assembly, or is qualified to become such an elector.

[Section 7 amended by No. 7 of 1920 s.2; No. 48 of 1962 s.2; No. 72 of 1963 s.4; No. 52 of 1973 s.3; No. 8 of 1983 s.3.]

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 an election held as part of 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.

(6)In order to fill seats vacated by effluxion of time writs for elections in all the electoral regions — 

(a)shall be issued before 10 April last preceding the occurrence of those vacancies but not more than one year before the occurrence of those vacancies; and

(b)shall be returnable not later than 21 May next following that 10 April.

[Section 8 inserted by No. 40 of 1987 s.8.]

8A. Provisions as to existing members and seats

[Omitted under the Reprints Act 1984 s.7(4)(e).]

[8B. Repealed by No. 40 of 1987 s.10.]

9.Resignation of members

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 by 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.

[Section 10 amended by No. 40 of 1987 s.11.]

11.Election of President

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 by 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 by 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.Qualification and disqualification of electors

Subject to the disqualifications prescribed by section 18 of the Electoral Act 1907, the qualification of electors of members of the Legislative Council is that which is prescribed by section 17 of that Act as the qualification for electors of members of the Legislative Assembly.

[Section 15 inserted by No. 72 of 1963 s.8.]

[16. Repealed by No. 72 of 1963 s.9.]

[17. Repealed by No. 72 of 1963 s.10.]

Legislative Assembly

18.Constitution of Legislative Assembly

The Legislative Assembly shall consist of — 

(a)55 members until the dissolution of that House or the expiry thereof by effluxion of time first occurring after 31 December 1982; and

(b)57 members thereafter.

[Section 18 inserted by No. 13 of 1981 s.6.]

19.Electoral districts

The State shall be divided into — 

(a)55 electoral districts until the dissolution of the Legislative Assembly or the expiry thereof by effluxion of time first occurring after 31 December 1982; and

(b)57 electoral districts thereafter, under the provisions of the Electoral Distribution Act 1947 2, each returning one member to serve in the Legislative Assembly.

[Section 19 inserted by No. 13 of 1981 s.7.]

20.Qualification of members of Legislative Assembly

Subject as hereinafter provided any person who has resided in Western Australia for 12 months shall be qualified to be elected a member of the Legislative Assembly, if such person is of the full age of 18 years and not subject to any legal incapacity, and who is either an elector entitled to vote at an election of a member of the Legislative Assembly or is qualified to become such an elector.

[Section 20 amended by No. 7 of 1920 s.2; No. 48 of 1962 s.4; No. 52 of 1973 s.4; No. 8 of 1983 s.4.]

21.Duration of Assembly

(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)[Omitted under the Reprints Act 1984 s.7(4)(g).]

[Section 21 amended by 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.

25.Resignation of members

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 by No. 46 of 1963 s.8.]

[26, 27, 28. Repealed by No. 27 of 1907 s.211.]

General

[29, 30. Repealed by No. 27 of 1907 s.211.]

31.Interpretation

In the succeeding provisions of this Part — 

(a)“disqualified for membership of the Legislature” means disqualified for membership of the Legislative Council and for membership of Legislative Assembly;

“member” in relation to a commission, council, board, committee, authority, trust or other body means — 

(i)any member of the body whether known as a member, commissioner, councillor, trustee, director or by any other title;

(ii)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;

(b)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 by No. 78 of 1984 s.8.]

32.Disqualification by reason of bankruptcy or convictions

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 in any part of Her Majesty’s dominions attainted or convicted of treason or felony.

[Section 32 (originally numbered as 31) amended by No. 111 of 1975 s.2; renumbered as 32 and amended by No. 78 of 1984 s.9.]

33.Holders of offices or places not disqualified except under sections 34 to 42

Except as provided by the succeeding sections of this Part — 

(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 by No. 78 of 1984 s.10.]

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 by No. 78 of 1984 s.10.]

35.Election of unqualified or disqualified person void

(1)If any person not qualified under section 7 or section 20 to be elected as a member of a House of the Legislature is elected as a member of that House, his election shall be void.

(2)If any person disqualified for membership of the Legislature by section 32 or section 34(1) is elected as a member of the Legislature, his election shall be void.

(3)If any person disqualified for membership of one House of the Legislature by section 34(2) is elected as a member of that House, his election shall be void.

[Section 35 inserted by No. 78 of 1984 s.10.]

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 by 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 by 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 section 7 or section 20 to be elected a member of the House of which he is a member; 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 assignment, composition, 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 by No. 4 of 1947 s.2(as amended by No. 46 of 1963 s.10); No. 12 of 1948 s.3(as amended by No. 46 of 1963 s.10); No. 111 of 1969 s.2; No. 15 of 1975 s.2; No. 78 of 1984 s.11.]

39.Provision for relief

(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 by No. 78 of 1984 s.12; amended by No. 40 of 1987 s.13.]

[39A, 39B, 39C. Repealed by 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 section 7 or section 20 to be elected 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 by No. 78 of 1984 s.12.]

41.Jurisdiction of Supreme Court

(1)Any person entitled to vote for the election of a member of the Legislative Assembly at a general election may apply to the Supreme Court, 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 Supreme Court may direct.

(3)In hearing and determining an application under this section the Supreme Court shall give effect to any resolution made under section 39(2) in respect of the person in respect of whom a declaration is sought.

(4)An application under subsection (1) shall be heard and determined by the Full Court of the Supreme Court.

[Section 41 inserted by No. 78 of 1984 s.12.]

[41A. Repealed by No. 78 of 1984 s.12.]

42.Power to amend Schedule V

(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 by No. 78 of 1984 s.12.]

Part II — Executive

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.

[Section 43 amended by 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.]

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.

44A. Parliamentary Secretaries

(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)If the Premier so approves, a Parliamentary Secretary appointed under this section shall be paid an allowance under subsection (5) but otherwise shall not receive any remuneration in respect of that office.

(5)The allowance referred to in subsection (4) — 

(a)is an allowance for and in respect of expenses necessarily or reasonably incurred in connection with the office of Parliamentary Secretary; and

(b)shall be determined under section 6 of the Salaries and Allowances Act 1975.

[Section 44A inserted by No. 38 of 1990 s.4.]

[45. Repealed by No. 19 of 1989 s.4.]

Part III — Miscellaneous

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 1.

[Section 46 inserted by No. 34 of 1921 s.2; amended by No. 63 of 1950 s.2; No. 28 of 1977 s.2.]

[47, 47A. Repealed by No. 40 of 1987 s.14.]

48.Revision or compilation of electoral rolls upon commencement of Act 

[Section 48 omitted under the Reprints Act 1984 s.7(4)(e).]

49.Commencement of action

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 by 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 other the 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.”.

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 1, 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. Omitted under the Reprints Act 1984 s.7(4)(f).]

[Schedule II. Repealed by No. 46 of 1963 s.9.]

[Schedule III. Omitted under Reprints Act 1984 s.7(4)(e).]

[Schedule IV. Repealed by No. 19 of 1989 s.5.]

 

Schedule V

[Sections 34 and 37]

Part 1

Division 1

Chief Justice of Western Australia or other Judge of the Supreme Court.

Master of the Supreme Court.

Chief Judge 4 or other Judge of the District Court.

President or other Judge or magistrate of the Children’s Court.

Chief Judge 5 or other Judge of the Family Court of Western Australia.

Chairman, or Deputy Chairman, of the Workers’ Compensation Board constituted under the Workers’ Compensation and Rehabilitation Act 1981 6.

Liquor Licensing Court Judge appointed under the Liquor Act 1970 7.

Chief Stipendiary Magistrate or other stipendiary magistrate appointed under the Stipendiary Magistrates Act 1957.

Industrial magistrate appointed under the Industrial Relations Act 1979 8.

Referee of Small Claims Tribunals appointed under the Small Claims Tribunals Act 1974.

Coroner appointed under the Coroners Act 1996.

Assessor appointed under the Criminal Injuries Compensation Act 1982 9.

President of The Western Australian Industrial Relations Commission 10.

Chief Commissioner10, Senior Commissioner or other Commissioner of The Western Australian Industrial Relations Commission 10.

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.

Chairperson or deputy chairperson of the Coal Industry Tribunal of Western Australia constituted under the Coal Industry Tribunal of Western Australia Act 1992.

President or other member of the Mental Health Review Board established under the Mental Health Act 1996, including a member of a panel established under section 127 of that Act.

Public Service Arbitrator appointed under Division 2 of Part 11A of the Industrial Relations Act 1979 10.

Chairman, or deputy of the Chairman, of the Railways Classification Board established under Division 3 of Part 11A of the Industrial Relations Act 1979 10.

Retirement villages referee appointed under the Retirement Villages Act 1992.

Western Australian Gas Disputes Arbitrator appointed under section 62 of the Gas Pipelines Access (Western Australia) Act 1998.

Division 2

Auditor General appointed under the Financial Administration and Audit Act 1985.

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 for Public Sector Standards appointed under the Public Sector Management Act 1994.

Commissioner of Police appointed under the Police Act 1892.

Commissioner of Workplace Agreements appointed under the Workplace Agreements Act 1993.

The Director appointed under the Health Services (Conciliation and Review) Act 1995.

Director of Public Prosecutions and Deputy Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991.

Electoral Commissioner or Deputy Electoral Commissioner appointed under the Electoral Act 1907.

Information Commissioner appointed under the Freedom of Information Act 1992.

Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971.

Senior executive officer within the meaning of the Public Sector Management Act 1994.

Solicitor‑General appointed under the Solicitor‑General Act 1969.

Western Australian Independent Gas Pipelines Access Regulator appointed under section 27 of the Gas Pipelines Access (Western Australia) Act 1998.

A prescribed office within the meaning of the Salaries and Allowances Act 1975.

Part 2

Division 1

Member, or deputy of a member, of the Workers’ Compensation Board constituted under the Workers’ Compensation and Rehabilitation Act 1981 6.

Member, or deputy of a member, of the Coal Industry Tribunal of Western Australia constituted under the Coal Industry Tribunal of Western Australia Act 1992.

Member, or deputy of a member, of the Railways Classification Board, established under Division 3 of Part 11A of the Industrial Relations Act 197910.

Member of the Children’s Court.

Division 2

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;

(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, or the Western Australian Alcohol and Drug Authority established under the Alcohol and Drug Authority Act 1974.

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 Education Act 1928.

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.

Part 3

The Aboriginal Advisory Council established under the Aboriginal Affairs Planning Authority 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 Aboriginal Cultural Material Committee established by the Aboriginal Heritage Act 1972.

Any 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.

The Advisory Committee constituted under section 216 of the Health Act 191111.

The Advisory Committee appointed under section 435 of the Local Government (Miscellaneous Provisions) Act 1960.

Any advisory committee established or continued in existence under Part 4 of the Fish Resources Management Act 1994.

The Advisory Council for Disability Services established under the Disability Services Act 1992.

Any advisory panel appointed under Part 6 of the Land Administration Act 1997.

Agricultural Practices Board of Western Australia.

The Agriculture Protection Board of Western Australia constituted under the Agriculture Protection Board Act 1950.

The Air Pollution Control Council established by the Clean Air Act 1964 12.

The Albany Port Authority constituted under the Albany Port Authority Act 1926.

The Anaesthetic Mortality Committee constituted under the Health Act 1911.

The Animal Resources Authority established by the Animal Resources Authority Act 1981.

The Appeal Costs Board constituted under the Suitors’ Fund Act 1964.

The Apple Sales Advisory Committee constituted under the Agricultural Products Act 192913.

The Architects Board of Western Australia established under the Architects Act 1921.

The Artificial Breeding Board constituted under the Artificial Breeding Board Act 1965 14.

The Betting Control Board established under the Betting Control Act 1954.

Any board, committee or council constituted under section 22 of the Community Services Act 197215.

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 Grain Pool of W.A. constituted under the Grain Marketing Act 1975.

The Board of Directors of the Honey Pool of Western Australia constituted under the Honey Pool Act 197816.

The Board of Directors of the Minerals and Energy Research Institute of Western Australia constituted under the Minerals and Energy Research Act 1987.

The board of directors of the Perth International Centre for Application of Solar Energy established under the Perth International Centre for Application of Solar Energy Act 1994.

The board of directors of the Water Corporation established by the Water Corporation Act 1995.

The board of directors of the Western Australian Land Authority constituted under the Western Australian Land Authority Act 1992.

The Board of Examiners established under the Mines Safety and Inspection Act 1994.

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 Water and Rivers Commission established by the Water and Rivers Commission Act 1995.

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 or the Machinery Safety Act 1974 17.

The Board of the Art Gallery of Western Australia constituted under the Art Gallery Act 1959.

The board of the Western Australian Greyhound Racing Authority constituted under the Western Australian Greyhound Racing Authority Act 1981.

The board of valuers established by the Metropolitan Region Town Planning Scheme Act 1959.

The Builders’ Registration Board of Western Australia constituted under the Builders’ Registration Act 1939.

The Building Disputes Committee constituted under the Builders’ Registration Act 1939 including a member of a panel established under section 28 of that Act.

The Building Societies Advisory Committee constituted under the Building Societies Act 197618.

The Building and Construction Industry Training Board established under the Building and Construction Industry Training Fund and Levy Collection Act 1990.

The Bunbury Port Authority constituted under the Bunbury Port Authority Act 1909.

The Caravan Parks and Camping Grounds Advisory Committee established under the Caravan Parks and Camping Grounds Act 1995.

The Carnarvon Banana Industry Compensation Committee constituted under the Carnarvon Banana Industry (Compensation Trust Fund) Act 1961.

The Casino Control Committee established under the Casino Control Act 1984.

The Censorship Advisory Committee established under the Censorship Act 1996

The Charcoal Iron and Steel Industry Board of Management constituted under the Wood Distillation and Charcoal Iron and Steel Industry Act 1943.

The Chicken Meat Industry Committee continued by the Chicken Meat Industry Act 1977.

The Chiropodists Registration Board constituted under the Chiropodists Act 195719.

The Chiropractors Registration Board constituted under the Chiropractors Act 1964.

The Citrus Sales Advisory Committee constituted under the Agricultural Products Act 192920.

The Coal Miners’ Welfare Board of Western Australia constituted under the Coal Miners’ Welfare Act 1947.

Any committee established by the Minister under section 60 of the Water Services Coordination Act 1995.

The Conservation and Environment Council established under the Environmental Protection Act 197112.

The Construction Safety Advisory Board constituted under the Construction Safety Act 197217.

Any consultative committee appointed under the Legal Aid Commission Act 1976.

The Consumer Affairs Council established under the Consumer Affairs Act 197121.

The Consumer Products Safety Committee established under the Consumer Affairs Act 1971.

Council of Official Visitors established by Part 9 of the Mental Health Act 1996.

The Country High Schools Hostels Authority established by the Country High Schools Hostels Authority Act 1960.

The Country Housing Authority established under the Country Housing Act 1998.

The Curriculum Council established under the Curriculum Council Act 1997.

The Dairy Industry Authority of Western Australia established under the Dairy Industry Act 1973.

The Dental Board of Western Australia established by the Dental Act 1939.

The Dental Charges Committee established under the Dental Act 1939.

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 197322.

Any district advisory committee established under section 23 of the Soil and Land Conservation Act 1945.

The Dried Fruits Board constituted by the Dried Fruits Act 1947.

The Eastern Goldfields Transport Board preserved and continued under the Eastern Goldfields Transport Board Act 1984.

The East Perth Redevelopment Authority established by the East Perth Redevelopment Act 1991.

The Electricity Corporation established by the Electricity Corporation Act 1994.

Any environmental appeal board constituted under the Environmental Protection Act 197123.

The Environmental Protection Authority established under the Environmental Protection Act 197124.

The Esperance Port Authority established by the Esperance Port Authority Act 1968.

The Finance Brokers Supervisory Board constituted under the Finance Brokers Control Act 1975.

The Fire and Emergency Services Authority of Western Australia established by the Fire and Emergency Services Authority of Western Australia Act 1998.

The Fishing and Allied Industries Committee responsible to the Minister for Fisheries and Wildlife25.

The Fluoridation of Public Water Supplies Advisory Committee established under the Fluoridation of Public Water Supplies Act 1966.

The Fremantle Port Authority constituted under the Fremantle Port Authority Act 1902.

The Gas Corporation established by the Gas Corporation Act 1994.

The Geraldton Port Authority established by the Geraldton Port Authority Act 1968.

The Government Employees’ Housing Authority established by the Government Employees’ Housing Act 1964.

The Hairdressers Registration Board of Western Australia constituted under the Hairdressers Registration Act 1946.

The Health Education Council of Western Australia constituted under the Health Education Council Act 195822.

The Heritage Council of Western Australia established under the Heritage of Western Australia Act 1990.

Horticultural Produce Commission or any growers’ committee established under the Horticultural Produce Commission Act 1988.

Agency established under section 7B of the Hospitals and Health Services Act 1927.

Any hospital board constituted under the Hospitals and Health Services Act 1927.

The Insurance Brokers Licensing Board constituted under the General Insurance Brokers and Agents Act 198126.

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 Land Surveyors Licensing Board constituted under the Licensed Surveyors Act 1909.

Any land valuation tribunal established under the Land Valuation Tribunals Act 1978.

The Land Valuers Licensing Board constituted under the Land Valuers Licensing Act 1978.

The Landcare Trust established under Part VA of the Soil and Land Conservation Act 1945.

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 Contribution Trust Act 1967.

The Legislative Review and Advisory Committee established under the Legislative Review and Advisory Committee Act 197627.

The Local Government Advisory Board established under the Local Government Act 1995.

The Lotteries Commission continued under the Lotteries Commission Act 1990.

The Machinery Safety Advisory board constituted under the Machinery Safety Act 1974 17.

Any management authority constituted under the Waterways Conservation Act 1976.

The Maternal Mortality Committee constituted under the Health Act 1911.

The Medical Board constituted under the Medical Act 1894.

The Metropolitan (Perth) Passenger Transport Trust constituted under the Metropolitan (Perth) Passenger Transport Trust Act 1957.

The Mines Occupational Safety and Health Advisory Board established under the Mines Safety and Inspection Act 1994.

The Mines Survey Board established under the Mines Safety and Inspection Act 1994.

The Mine Workers’ Relief Board constituted by the Mine Workers’ Relief Act 193228.

The Mining and Petroleum Advisory Committee established under the Mining and Petroleum Research Act 198129.

The Motor Vehicle Dealers Licensing Board established under the Motor Vehicle Dealers Act 1973.

The Municipal Building Surveyors Examination Committee constituted under the Local Government (Qualification of Municipal Officers) Regulations 1961.

The Multicultural and Ethnic Affairs Commission established by the Multicultural and Ethnic Affairs Commission Act 1983.

The National Parks Authority of Western Australia established by the National Parks Authority Act 197630.

The Noise Abatement Advisory Committee established by the Noise Abatement Act 197217.

The Noise and Vibration Control Council established by the Noise Abatement Act 1972 17.

The Nomenclature Advisory Committee responsible to the Minister for Lands and Surveys31.

The Nurses Board of Western Australia established under the Nurses Act 1992.

The Occupational Therapists Registration Board of Western Australia established under the Occupational Therapists Registration Act 1980.

The Optometrists Registration Board established by the Optometrists Act 1940.

The Painters’ Registration Board constituted under the Painters Registration Act 1961.

The Parole Board established under the Sentence Administration Act 1995.

The Pastoral Appraisement Board constituted under the Land Act 1933 32.

The Perinatal and Infant Mortality Committee constituted under the Health Act 1911.

The Perth Market Authority preserved and continued under the Perth Market Act 1926.

The Perth Theatre Trust established by the Perth Theatre Trust Act 1979.

The Physiotherapists’ Registration Board constituted under the Physiotherapists Act 1950.

The Podiatrists Registration Board constituted under the Podiatrists Registration Act 1984.

The Poisons Advisory Committee constituted by the Poisons Act 1964.

The Port Hedland Port Authority established by the Port Hedland Port Authority Act 1970.

The Potato Growing In dustry Trust Fund Advisory Committee constituted by the Potato Growing Industry Trust Fund Act 1947.

Potato Marketing Corporation of Western Australia constituted by the Marketing of Potatoes Act 1946.

The Poultry Industry Trust Fund Committee constituted under the Poultry Industry (Trust Fund) Act 1948.

The Premium Rates Committee constituted under the Workers’ Compensation and Rehabilitation Act 19816.

Any prices advisory committee established under the Petroleum Products Pricing Act 1983.

The Primary Schools Appointments Board constituted under regulation 91 of the Education Act Regulations 196033.

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 Act Regulations 1960.

The Psychologists Board of Western Australia constituted under the Psychologists Registration Act 1976.

The Queen Elizabeth II Medical Centre Trust constituted under the Queen Elizabeth II Medical Centre Act 1966.

The Racecourse Development Trust established under the Racecourse Development Act 1976.

The Radiological Council established under the Radiation Safety Act 1975.

The Real Estate and Business Agents Supervisory Board constituted under the Real Estate and Business Agents Act 1978.

The Retail Shops Advisory Committee established under the Retail Trading Hours Act 1987.

The Rivers and Estuaries Council established by the Waterways Conservation Act 1976.

The Road Safety Council established under the Road Traffic Act 1974.

The Rural Adjustment and Finance Corporation of Western Australia preserved and continued by the Rural Adjustment and Finance Corporation Act 1993.

Any selection committee constituted under regulation 2.7 of the Mines Regulation Act Regulations 197634.

The Settlement Agents Supervisory Board 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 35.

The State Advisory Committee on Publications constituted under the Indecent Publications and Articles Act 1902.

The State Housing Commission preserved and continued by the Housing Act 1980.

The State Supply Commission established under the State Supply Commission Act 1991.

The State Training Board of Western Australia established under the Vocational Education and Training Act 1996.

The Stone‑Fruit Sales Advisory Committee constituted under the Agricultural Products Act 192920.

The Subiaco Redevelopment Authority established by the Subiaco Redevelopment Act 1994.

The Superannuation Board constituted under the Superannuation and Family Benefits Act 193836.

The Supervised Release Review Board established under the Young Offenders Act 1994.

The Taxi Industry Board established by the Taxi Act 1994.

Any technical college, school or centre advisory committee established under regulation 256 of the Education Act Regulations 1960.

The Totalisator Agency Board constituted under the Totalisator Agency Board Betting Act 1960.

The Town Planning Appeal Committee constituted under the Town Planning and Development Act 1928.

The Town Planning Appeal Tribunal constituted under the Town Planning and Development Act 1928.

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 198137.

The Trustees of the Karrakatta Cemetery appointed under the Cemeteries Act 1897 38.

The Trustees of the Technical Education Division Self Supporting Activities appointed under regulation 240 of the Education Act Regulations 1960.

The Urban Lands Council 39 responsible to the Minister for Housing.

The Veterinary Preparations and Animal Feeding Stuffs Advisory Committee established under the Veterinary Preparations and Animal Feeding Stuffs Act 1976 40.

The Veterinary Surgeons’ Board constituted under the Veterinary Surgeons Act 1960.

Any water board constituted under the Water Boards Act 1904 other than a water board constituted by the appointment of a local government to be the water board or a water board of which all of the members are elected.

The Western Australia Marine Manning Committee established by the Western Australian Marine Act 1982.

The Western Australian Arts Council established by the Western Australian Arts Council Act 1973 41.

The Western Australian Coastal Shipping Commission established by the Western Australian Coastal Shipping Commission Act 1965.

The Western Australian Egg Marketing Board constituted under the Marketing of Eggs Act 1945.

The Western Australian Financial Institutions Authority established by the Western Australian Financial Institutions Authority Act 1992.

The Western Australian Government Railways Commission constituted under the Government Railways Act 1904.

The Western Australian Health Promotion Foundation established by the Tobacco Control Act 1990.

The Western Australian Herbarium Committee 42 responsible to the Minister for Agriculture.

The Western Australian Heritage Committee 43 responsible to the Minister for the Environment.

The Western Australian Lamb Marketing Board established under the Marketing of Lamb Act 1971 44.

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 Western Australian Planning Commission Act 1985.

The Western Australian Post Secondary‑Education Commission established by the Western Australian Post‑Secondary Education Commission Act 1970 45.

The Western Australian Reproductive Technology Council established under the Human Reproductive Technology Act 1990 46.

The Western Australian Technology and Industry Advisory Council established under the Industry and Technology Development Act 1998.

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 47.

The Western Australian Wheat Board constituted under the Wheat Marketing Act 1979 48.

The Western Australian Wheat Marketing Board constituted by the Wheat Marketing Act 1947 49.

The Western Australian Wildlife Authority constituted under the Wildlife Conservation Act 1950 50.

Any wheat products prices committee constituted under the Wheat Products (Prices Fixation) Act 1938.

The Youth, Sport and Recreation Advisory Committee established under the Youth, Sport and Recreation Act 1978 51.

The Zoological Gardens Board established under the Zoological Gardens Act 1972.

[Schedule V inserted by No. 78 of 1984 s.14; amended by No. 97 of 1986 s.40; No. 101 of 1986 s.23; No. 21 of 1987 s.11; No. 32 of 1987 s.36; No. 40 of 1987 s.15; 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. 113 of 1987 s.32(Schedule 2, item 2); No. 114 of 1987 s.12; No. 75 of 1988 s.27; No. 28 of 1989 s.33; 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. 38 of 1990 s.5; 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; No. 5 of 1991 s.35; No. 12 of 1991 s.36; No. 15 of 1991 s.22; No. 22 of 1991 s.63; No. 44 of 1991 s.3; No. 60 of 1991 s.21; No. 62 of 1991 s.59; No. 5 of 1992 s.12; No. 27 of 1992 s.84; No. 29 of 1992 s.55; No. 34 of 1992 s.85; No. 35 of 1992 s.49; No. 37 of 1992 s.39; No. 40 of 1992 s.3; No. 59 of 1992 s.25; No. 76 of 1992 s.114; No. 77 of 1992 s.41; No. 2 of 1993 s.15; No. 10 of 1993 s.56; No. 13 of 1993 s.103; 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. 32 of 1994 s.9; 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; 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. 1 of 1995 s.23; 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. 75 of 1995 s.80(1) (as amended by No. 57 of 1997 s.70); No. 78 of 1995 s.16; No. 2 of 1996 s.61; 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. 69 of 1996 s.4; 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. 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. 65 of 1998 s.89.]

dline

 

Notes

1This reprint is a compilation as at 15 April 1999 of the Constitution Acts Amendment Act 1899 and includes the amendments effected by the other Acts referred to in the following Table 1a, 52.

Table of Acts

Short title

Number and Year

Assent

Commencement

Miscellaneous

Constitution Acts Amendment
Act 1899

63 Vict. No. 19

Reserved for Royal Assent 16 December 1899

18 May 1900 (see section 52
and Gazette
18 May 1900
p.1686)

 

An Act to correct certain errors in the Constitution Acts Amendment
Act 1899

64 Vict. No. 2

25 September 1900

25 September 1900

Repealed by
Act No. 10
of 1970

Electoral Act 1904,

section 14

20 of 1904

Reserved for Royal Assent 16 January 1904

22 April 1904 (see Interpretation Act 1918
section 8
and Gazette
22 April 1904 p.1047)

 

Electoral Act 1907,
section 211

27 of 1907

20 December 1907

20 December 1907

 

Constitution Acts Amendment Act 1911

31 of 1911

16 February 1911

16 February 1911

 

Legislative Assembly Duration Act 1919,
section 2

48 of 1919

17 December 1919

17 December 1919

 

Parliament (Qualification of Women) Act 1920,
section 2(2)

7 of 1920

3 November 1920

3 November 1920

 

Constitution Act Amendment
Act 1921,
section 2

34 of 1921

30 December 1921

30 December 1921

 

Constitution Act Amendment
Act 1927

25 of 1927

14 December 1927

14 December 1927

 

Constitution
Acts Amendment Act 1933

25 of 1933

1 December 1933

1 December 1933

Amended by the Constitution Acts Amendment
and Revision Act 1963, (Act No. 46 of 1963), section 10

Constitution
Acts Amendment Act 1934

40 of 1934

4 January 1935

4 January 1935

 

Constitution
Acts Amendment Act 1942

29 of 1942

23 December 1942

23 December 1942

Amended by the Constitution Acts Amendment and Revision Act 1963, (Act No. 46 of 1963), section 10

Constitution Acts Amendment Act (No. 4) 1945

52 of 1945

30 January 1946

30 January 1946

 

Constitution
Acts Amendment
Act (No. 1) 1947

2 of 1947

26 September 1947

Deemed operative 14 December 1927 (see section 3)

 

Constitution
Acts Amendment
(Re‑election of Ministers)
Act 1947

4 of 1947

2 October 1947

2 October 1947

Amended by the Constitution Acts Amendment and Revision Act 1963, (Act No. 46 of 1963), section 10

Acts Amendment (Allowances and Salaries Adjustment)
Act 1947,
section 4

52 of 1947

19 December 1947

19 December 1947

 

Constitution
Acts Amendment
Act (No. 1) 1948

12 of 1948

11 November 1948

Deemed operative 12 June 1947 (see section 4)

Amended by the Constitution Acts Amendment
and Revision Act 1963, (Act No. 46 of 1963), section 10

Acts Amendment (Increase in number of Judges of the Supreme Court) Act 1949,

section 3

17 of 1949

24 September 1949

24 September 1949

Commence-ment date amended by Act No. 35
of 1950 in
The Schedule

Acts Amendment (Increase in number of Ministers of the Crown) Act 1950,
section 2

2 of 1950

24 October 1950

24 October 1950

 

Judges Salaries and Pensions Act 1950, section 4

35 of 1950

16 December 1950

16 December 1950

 

Constitution Acts Amendment Act 
(No. 2) 1950

45 of 1950

18 December 1950

18 December 1950

Amended by the Constitution Acts Amendment
and Revision Act 1963, (Act No. 46 of 1963), section 10

Constitution Acts Amendment Act 
(No. 4) 1950

63 of 1950

29 December 1950

29 December 1950

 

Constitution
Acts Amendment
Act (No. 2) 1954

32 of 1954

18 November 1954

18 November 1954

 

Constitution
Acts Amendment
Act 1955

34 of 1955

28 November 1955

28 November 1955

 

Constitution
Acts Amendment
Act (No. 3) 1955

48 of 1955

Reserved for Royal Assent 9 December 1955 Assented to 25 January 1956

4 May 1956 (see Interpretation Act 1918
section 8
and Gazette
4 May 1956
p.1147)

 

Constitution
Acts Amendment
Act 1958

2 of 1958

19 September 1958

19 September 1958

 

Constitution
Acts Amendment
Act (No. 3) 1959

71 of 1959

Reserved for Royal Assent 10 December 1959 Assented to 8 February 1960

25 March 1960
(see Interpretation Act 1918
section 8
and Gazette 25 March 1960 p.883)

 

Constitution
Acts Amendment
Act 
(No. 2) 1962

48 of 1962

20 November 1962

20 November 1962

 

Constitution
Acts Amendment
and Revision
Act 1963

46 of 1963

3 December 1963

3 December 1963

 

Constitution Acts Amendment Act 
(No. 2) 1963

72 of 1963

17 December 1963

26 March 1964
(see Gazette
6 March 1964
p.993)

 

Constitution
Acts Amendment Act 1965

2 of 1965

13 August 1965

13 August 1965

 

Constitution
Acts Amendment
Act (No. 2) 1965

49 of 1965

8 November 1965

12 November 1965
(see Gazette 12 November 1965 p.3913)

 

Constitution
Acts Amendment
Act (No. 3) 1965

105 of 1965

Reserved for Royal Assent 20 December 1965 Assented to 10 March 1966

29 April 1966 (see Interpretation Act 1918
section 8
and Gazette
29 April 1966 p.1017)

 

Decimal Currency
Act 1965

113 of 1965

21 December 1965

Sections 4 to 9:
14 February 1966 (see section 2(2)); balance: 21 December 1965

 

Constitution
Acts Amendment
Act 1969

111 of 1969

Reserved for Royal Assent 25 November 1969 Assented to 4 February 1970

20 March 1970
(see Interpretation Act 1918
section 8
and Gazette 20 March 1970 p.843)

 

Constitution
Acts Amendment
Act 1972

9 of 1972

25 May 1972

25 May 1972

 

Constitution
Acts Amendment
Act 1973

52 of 1973

6 November 1973

1 January 1974
(see Gazette 28 December 1973 p.4725)

 

Constitution
Acts Amendment
Act 1974

30 of 1974

Reserved for Royal Assent 1 November 1974 Assented to 4 December 1974

28 February 1975(see Interpretation Act 1918
section 8
and Gazette 28 February 1975 p.719)

 

Constitution
Acts Amendment
Act 1975

15 of 1975

9 May 1975

9 May 1975

 

Constitution
Acts Amendment
Act (No. 2) 1975

71 of 1975

7 November 1975

7 November 1975

 

Constitution
Acts Amendment
Act (No. 4) 1975

86 of 1975

20 November 1975

20 November 1975

 

Constitution
Acts Amendment
(No. 3) Act 1975

111 of 1975

1 December 1975

1 December 1975

 

Constitution
Acts Amendment
Act 1977

28 of 1977

31 October 1977

31 October 1977

 

Acts Amendment (Constitution) Act 1978,
Part II

59 of 1978

Reserved for Royal Assent 20 September 1978 Assented to 15 November 1978

22 December 1978 (see Interpretation Act 1918
section 8
and Gazette 22 December 1978 pp.4769‑70)

 

Constitution
Amendment Act 
(No. 2) 1980

4 of 1980

9 September 1980

9 September 1980

 

Constitution
Amendment Act 1980

5 of 1980

9 September 1980

9 September 1980

 

Acts Amendment (Electoral Provinces
and Districts) Act 1981,
Part I

13 of 1981

22 May 1981

22 May 1981

 

Constitution Amendment Act 1983

8 of 1983

29 September 1983

26 January 1984
(see Gazette 20 January 1984 p.119)

 

Constitution Amendment Act 1984

75 of 1984

Reserved for Royal Assent 4 February 1985 Assented to 20 March 1985

14 June 1985 (see Interpretation Act 1984
section 20(3) and Gazette
14 June 1985
p.2133)

 

Acts Amendment and Repeal (Disqualification for Parliament) Act 1984,
Part V

78 of 1984

14 November 1984

1 July 1985 (see Gazette
17 May 1985
p.1671)

 

Constitution Amendment Act 1986

10 of 1986

22 July 1986

22 July 1986

 

Liquor Amendment
Act (No. 2) 1986,
Part IV

97 of 1986

11 December 1986

11 February 1987 (see section 2(3)
and Gazette 6 February 1987 p.287)

 

Western Australia
Sports Centre Trust
Act 1986,
section 23

101 of 1986

12 December 1986

24 December 1986 (see Gazette 24 December 1986 p.4963)

 

Workers’ Compensation and Assistance Amendment
Act 1987,
section 11

21 of 1987

25 June 1987

23 July 1987

 

Technology Development Amendment
Act 1987,
section 36

32 of 1987

29 June 1987

30 June 1987 (see Gazette
30 June 1987
p.2545)

 

Acts Amendment (Electoral Reform)
Act 1987,
Part III

40 of 1987

12 July 1987

30 October 1987
(see Gazette 30 October 1987 p.3977)

 

The Rural and Industries Bank of Western Australia
Act 1987,
section 38

83 of 1987

1 December 1987

1 April 1988 (see section 2)

 

Solar Energy Research Amendment
Act 1987,
section 20

88 of 1987

9 December 1987

9 December 1987

 

Minerals and Energy Research Act 1987,
section 43

89 of 1987

9 December 1987

1 February 1988
(see Gazette 15 January 1988 p.67)

 

Gold Banking Corporation
Act 1987,
section 79

99 of 1987

18 December 1987

30 June 1988 (see Gazette
30 June 1988
p.2133)

 

Acts Amendment
(Public Service) Act 1987,
section 32

113 of 1987

31 December 1987

16 March 1988
(see Gazette 16 March 1988 p.813)

 

Acts Amendment
(Retail Trading Hours) Act 1987,
section 12

114 of 1987

31 December 1987

1 September 1988 (see section 2 and Gazette 12 August 1988 p.2695)

 

Horticultural Produce Commission
Act 1988,
section 27(2)

75 of 1988

23 December 1988

1 September 1989 (see Gazette 1 September 1989 p.3017)

 

Acts Amendment (Remuneration
of Governor)
Act 1989,
Part 2

19 of 1989

1 December 1989

16 February 1990 (see section 2(2)
and Gazette 16 February 1990 p.1110)

 

Coal Industry Superannuation Act 1989,
section 33(3)

28 of 1989

12 December 1989

1 July 1990 (see Gazette
22 June 1990
p.3027)

 

Acts Amendment (Perth Market Authority)
Act 1990,
Part 3

6 of 1990

12 July 1990

1 January 1991
(see Gazette 21 December 1990 p.6211)

 

Acts Amendment (Gold Banking Corporation)
Act 1990,
Part 4

10 of 1990

31 July 1990

28 September 1990
(see Gazette 28 September 1990 p.4981)

 

Lotteries Commission
Act 1990,
section 33

16 of 1990

31 July 1990

1 January 1991
(see Gazette 28 December 1990 p.6369)

 

Mining Development Act Repeal Act 1990,
section 4

27 of 1990

27 September 1990

27 September 1990

 

Acts Amendment (Parliamentary Secretaries)
Act 1990,
Part 2

38 of 1990

8 November 1990

8 November 1990

 

Goldfields‑

Esperance Development Authority
Act 1990,
section 36

39 of 1990

8 November 1990

7 December 1990 (see Gazette 7 December 1990 p.5979)

 

State Employment and Skills Development Authority Act 1990,
section 46

40 of 1990

26 November 1990

22 March 1991 (see Gazette 22 March 1991 p.1209)

 

R & I Bank Act 1990,
section 45

73 of 1990

20 December 1990

1 January 1991
(see section 2 and Gazette 28 December 1990 p.6369)

 

Building and Construction Industry Training Fund and
Levy Collection
Act 1990,
section 33

76 of 1990

20 December 1990

1 July 1991 (see section 2 and Gazette
28 June 1991
p.3101)

 

Soil and Land Conservation Amendment
Act 1990,
section 17

91 of 1990

17 December 1990

Item 1(a) of Schedule:
3 May 1991 (see Gazette
3 May 1991 p.1936);
Item 1(b) of Schedule:
28 October 1995
(see Gazette 27 October 1995 p.4937)

 

Tobacco Control Act 1990,
section 35

104 of 1990

2 January 1991

8 February 1991
(see section 2(1)
and Gazette 8 February 1991 p.575)

Section 35(2) transitional53

State Supply
Commission
Act 1991,
section 35

5 of 1991

6 June 1991

20 September 1991 (see Gazette 20 September 1991 p.4855)

 

Director of Public Prosecutions
Act 1991,
section 36

12 of 1991

21 June 1991

3 February 1992
(see Gazette 3 February 1992 p.531)

 

Children’s Court of Western Australia Amendment
Act (No. 2) 1991,
section 22

15 of 1991

21 June 1991

9 August 1991 (see section 2 and Gazette
9 August 1991 p.4101)

 

Human Reproductive Technology
Act 1991,
section 63

22 of 1991

8 October 1991

6 March 1992 (see Gazette
6 March 1992 p.1107)

 

Acts Amendment (Industrial Magistrate’s Courts) Act 1991,
Part 2

44 of 1991

17 December 1991

3 January 1992
(see Gazette 3 January 1992
p.41)

 

Builders’ Registration Amendment
Act 1991,
Part 3

60 of 1991

30 December 1991

4 April 1992 (see section 2 and Gazette
3 April 1992
p.1461)

 

East Perth Redevelopment Act 1991,
section 59

62 of 1991

30 December 1991

1 July 1992 (see Gazette
1 July 1992
p.2945)

 

South West Development Authority Amendment
Act 1992,
section 12

5 of 1992

14 May 1992

11 August 1992
(see Gazette 11 August 1992 p.3959)

 

Nurses Act 1992
section 84

27 of 1992

23 June 1992

29 October 1993
(see Gazette 29 October 1993 p.5881)

 

Western Australian Financial Institutions Authority
Act 1992,
section 55

29 of 1992

19 June 1992

1 July 1992(see Gazette
26 June 1992
p.2643)

 

Retirement Villages Act 1992,
section 85

34 of 1992

19 June 1992

10 July 1992 (see section 2 and Gazette
10 July 1992
p.3185)

 

Western Australian
Land Authority
Act 1992,
section 49

35 of 1992

23 June 1992

1 July 1992 (see section 2 (2)
and Gazette
30 June 1992
p.2869)

 

Coal Industry Tribunal of Western Australia Act 1992,
section 39

37 of 1992

2 October 1992

31 December 1992 (see Gazette 31 December 1992 p.6311)

 

Acts Amendment (Parliamentary, Electorate and Gubernatorial Staff) Act 1992,
Part 2

40 of 1992

2 October 1992

3 November 1992 (see section 2 and Gazette 3 November 1992 p.5389)

 

Pilbara Development Commission
Act 1992,
section 25

59 of 1992

11 December 1992

1 July 1993 (see Gazette
1 July 1993
p.3209)

 

Freedom of Information
Act 1992,
Part 7

76 of 1992

15 December 1992

1 November 1993 (see Gazette 29 October 1993 p.5881)

 

Disability Services Act 1992,
section 41

77 of 1992

18 December 1992

8 April 1993 (see Gazette
8 April 1993 p.2033.)

 

Local Government (Superannuation) Amendment and
Repeal Act 1993,
section 15

2 of 1993

18 August 1993

Deemed operative
1 July 1993
(see section 2)

 

Rural Adjustment and Finance Corporation Act 1993,

section 56

10 of 1993

6 October 1993

24 December 1993 (see Gazette 24 December 1993 p.6796)

 

Workplace Agreements Act 1993,

section 103

13 of 1993

23 November 1993

1 December 1993 (see Gazette 30 November 1993 p.6439)

 

Bee Industry Amendment and Repeal Act 1993,

section 20

26 of 1993

15 December 1993

4 February 1994 (see Gazette 4 February 1994 p.339)

 

Meat Industry Legislation (Amendment and Repeal) Act 1993,

section 11(2)

32 of 1993

16 December 1993

21 September 1996 (see section 2(3) and Gazette 20 September 1996 p.4715)

 

Disability Services Act 1993,

section 58

36 of 1993

16 December 1993

23 December 1993 (see section 2)

 

Plant Diseases Amendment Act 1993,

section 20

40 of 1993

20 December 1993

24 June 1994 (see Gazette 24 June 1994 p.2819)

 

Regional Development Commissions Act 1993,

section 44

53 of 1993

22 December 1993

8 April 1994 (see Gazette 8 April 1994 p.1462)

 

R & I Bank Amendment Act 1994,
section 13

6 of 1994

11 April 1994

26 April 1994 (see Gazette 26 April 1994 p.1743)

 

Adoption Act 1994,

section 145

9 of 1994

15 April 1994

1 January 1995 (see Gazette 25 November 1994 p.5905)

 

Acts Amendment
(Public Sector Management)
Act 1994,
section 9

32 of 1994

29 June 1994

1 October 1994 (see Gazette 30 September 1994 p.4948)

 

Subiaco Redevelopment Act 1994,
section 67

35 of 1994

8 July 1994

24 August 1994
(see Gazette 23 August 1994 p.4364)

 

Perth International Centre for Application
of Solar Energy
Act 1994,
section 35

36 of 1994

8 July 1994

22 July 1994 (see Gazette
22 July 1994
p.3727)

 

Acts Amendment
(Coal Mining Industry)
Act 1994,
section 21

45 of 1994

22 September 1994

22 September 1994

 

Fish Resources Management Act 1994,
section 264

53 of 1994

2 November 1994

1 October 1995 (see Gazette 29 September 1995 p.4649)

 

Mines Safety and Inspection Act 1994,
section 109

62 of 1994

7 November 1994

9 December 1995 (see Gazette 8 December 1995 p.5935)

 

Statutes (Repeals and Minor Amendments)
Act 1994,
section 4

73 of 1994

9 December 1994

9 December 1994

 

Taxi Act 1994,
section 50

83 of 1994

20 December 1994

10 January 1995
(see Gazette 10 January 1995 p.73)

 

Planning Legislation Amendment Act 
(No. 2) 1994,
section 46

84 of 1994

13 January 1995

1 March 1995 (see Gazette 21 February 1995 p.567)

 

Energy Corporations (Transitional and Consequential Provisions)
Act 1994,
Part 8

89 of 1994

15 December 1994

1 January 1995
(see section 2 and Gazette 23 December 1994 p.7069)

 

Dairy Industry Amendment Act 1994,
section 92

96 of 1994

5 January 1995

2 February 1995

 

Hospitals Amendment Act 1994,
section 18
item 3 of Table

103 of 1994

11 January 1995

3 February 1995
(see Gazette 3 February 1995 p.333)

 

Young Offenders Act 1994,
section 236

104 of 1994

11 January 1995

13 March 1995 (see Gazette 10 March 1995 p.895)

 

Industrial Legislation Amendment
Act 1995,
section 23

1 of 1995

9 May 1995

9 May 1995

 

Marketing of Potatoes Amendment Act 1995,
section 58(1)

11 of 1995

30 June 1995

4 September 1995 (see Gazette 1 September 1995 p.4063)

 

Bank of Western Australia Act 1995,
section 44

14 of 1995

4 July 1995

1 December 1995 (see section 2 and Gazette 29 November 1995 p.5529)

 

Agricultural Practices (Disputes) Act 1995,
section 23

26 of 1995

6 September 1995

26 June 1996 (see section 2 and Gazette
25 June 1996
p.2901)

 

Caravan Parks and Camping Grounds Act 1995,
section 33

34 of 1995

29 September 1995

1 July 1997 (see section 2 and Gazette
20 June 1997
p.2805)

 

Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995,
Part 13

73 of 1995

27 December 1995

1 January 1996
(see section 2 and Gazette 29 December 1995 p.6291)

 

Health Services (Conciliation and Review) Act 1995,
section 80(1)

(as amended by No. 57 of 1997 s.70)

75 of 1995

9 January 1996

16 August 1996
(see Gazette 16 August 1996 p.4007)

 

Sentencing (Consequential Provisions) Act 1995,
Part 13

78 of 1995

16 January 1996

4 November 1996 (see section 2 and Gazette 25 October 1996 p.5632)

 

Coroners Act 1996,
section 61

2 of 1996

24 May 1997

7 April 1997 (see section 2 and Gazette 18 March 1997 p.1529)

 

Local Government (Consequential Amendments) Act 1996,
section 4

14 of 1996

28 June 1996

1 July 1996 (see section 2)

 

Fruit Growing Industry (Trust Fund) Repeal Act 1996,
section 8(1)

15 of 1996

28 June 1996

1 September 1996 (see section 2 and Gazette 23 August 1996 p.4079)

 

Censorship Act 1996,
section 152

40 of 1996

10 October 1996

5 November 1996 (see Gazette 5 November 1996 p.5845)

 

Vocational Education and Training Act 1996,
section 71

42 of 1996

16 October 1996

1 January 1997

 

Acts Amendment (ICWA) Act 1996,
section 38

45 of 1996

25 October 1996

1 October 1997 (see section 2 and  Gazette 23 September 1997 p.5357)

 

Mental Health (Consequential Provisions) Act 1996,
Part 3

69 of 1996

13 November 1996

13 November 1997 (see section 2)

 

Road Traffic Amendment Act 1996

Part 3

76 of 1996

14 November 1996

1 February 1997 (see section 2 and Gazette 31 January 1997 p.613)

 

Curriculum Council Act 1997,
section 35

17 of 1997

8 July 1997

1 August 1997
(see section 2 and Gazette
25 July 1997
p.3907)

 

Professional Standards Act 1997,
section 58

22 of 1997

18 September 1997

18 April 1998 (see section 2 and Gazette 17 April 1998 p.2045)

 

Acts Amendment (Land Administration) Act 1997,
Part 14

31 of 1997

3 October 1997

30 March 1998 (see section 2 and Gazette 27 March 1998 p.1765)

 

Statutes (Repeals and Minor Amendments) Act 1997,
section 37

57 of 1997

15 December 1997

15 December 1997 (see section 2)

 

Country Housing Act 1998,
section 48

4 of 1998

14 April 1998

1 July 1998 (see section 2 and Gazette 30 June 1998 p.3557)

 

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998,
section 76

10 of 1998

30 April 1998

30 April 1998 (see section 2(1)

 

Industry and Technology Development Act 1998,
section 34(1)

13 of 1998

20 May 1998

1 July 1998 (see section 2 and Gazette 26 June 1998 p.3369)

 

Western Australian Greyhound Racing Association Amendment Act 1998

section 20

23 of 1998

30 June 1998

1 August 1998 (see section 2 and Gazette 21 July 1998 p.3825)

 

WADC and WA Exim Corporation Repeal Act 1998,
section 8

30 of 1998

30 June 1998

30 June 1998 (see section 2)

 

Fire and Emergency Services of Western Australia (Consequential Provisions) Act 1998,

section 38

42 of 1998

4 November 1998

1 January 1999 (see section 2 and Gazette 22 December 1998 p.6833)

 

Gas Pipelines Access (Western Australia) Act 1998,

section 89

65 of 1998

15 January 1999

9 February 1999 (see section 2 and Gazette 8 February 1999 p.441)

 

NB.Affecting Act: Parliament (Qualification of Women) Act 1920.

1aAs at the date of this reprint item 1 of the Schedule to the Conservation and Land Management Amendment Act (Act No. 20 of 1991) was not in operation. That item reads as follows — 

“

1.Constitution Acts Amendment Act 1899

In Schedule V, in Part 3, the following item is inserted in the appropriate alphabetical position —

“The Nature Conservation Trust of Western Australia established under Part IXA of the Conservation and Land Management Act 1984.”.

”.

As at the date of this reprint clause 1 of Schedule 4 to the Osteopaths Act 1997 (Act No. 58 of 1997) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

In Part 3 of Schedule V by inserting after the item commencing “The Optometrists Registration Board” the following —

“The Osteopaths Registration Board established under the Osteopaths Act 1997”.

”.

As at the date of this reprint section 8(1) of the Carnarvon Banana Industry (Compensation Trust Fund) Repeal Act 1998 (Act No. 45 of 1998) was not in operation. That section reads as follows — 

“

8.Consequential amendments

The Constitution Acts Amendment Act 1899* is amended in Part 3 of Schedule V by deleting “The Carnarvon Banana Industry Compensation Committee constituted under the Carnarvon Banana Industry (Compensation Trust Fund) Act 1961.”.

”.

As at the date of this reprint clause 1 of Schedule 3 of the Botanic Gardens and Parks Authority Act 1998 (Act No. 53 of 1998) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Part 3 of Schedule V is amended by inserting in the appropriate alphabetical position the following item — 

“

The board of management of the Botanic Gardens and Parks Authority established by the Botanic Gardens and Parks Authority Act 1998.

”.

”.

As at the date of this reprint clause 1 of Schedule 1 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Albany Port Authority by deleting “constituted under the Albany Port Authority Act 1926” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 2 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended by inserting in the appropriate alphabetical position the following item — 

“

The Broome Port Authority established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 3 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Bunbury Port Authority by deleting “constituted under the Bunbury Port Authority Act 1909 ” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 4 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended by inserting in the appropriate alphabetical position the following item — 

“

The Dampier Port Authority established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 5 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Esperance Port Authority by deleting “constituted under the Esperance Port Authority Act 1968 ” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 3 of Schedule 6 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Fremantle Port Authority by deleting “constituted under the Fremantle Port Authority Act 1909” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 7 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Geraldton Port Authority by deleting “constituted under the Geraldton Port Authority Act 1968 ” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint clause 1 of Schedule 8 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) was not in operation. That clause reads as follows — 

“

1.Constitution Acts Amendment Act 1899

Schedule V, Part 3 is amended in the item relating to the Port Hedland Port Authority by deleting “constituted under the Port Hedland Port Authority Act 1970 ” and substituting the following —

“

established under the Port Authorities Act 1999.

”.

”.

As at the date of this reprint section 16 of Part 3 of the Marketing of Meat Amendment Act 1999 (Act No. 8 of 1999) was not in operation. That section reads as follows — 

“

16.Constitution Acts Amendment Act 1899

Schedule V to the Consequential Acts Amendment Act 1899* is amended, in Part 3, by deleting the item relating to The Western Australian Lamb Marketing Board.

”.

2Short title (as changed by section 86 of the Acts Amendment (Electoral Reform) Act 1987) substituted under section 7(3)(h) of the Reprints Act 1984.

3Parliamentary Privileges Act 1891.

4Title as changed by section 7(a) of the District Court of Western Australia Amendment Act 1984 substituted under section 7(3)(h) of the Reprints Act 1984.

5Title as changed by section 6 of the Family Court Amendment Act 1987 substituted under section 7(3)(h) of the Reprints Act 1984.

6Short title as changed by section 5 of the Workers’ Compensation and Assistance Amendment Act 1990 substituted under section 7(3)(h) of the Reprints Act 1984.

7Now see the Liquor Licensing Act 1988.

8Short title as changed by section 4 of the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 substituted under section 7(3)(h) of the Reprints Act 1984.

9Repealed by the Criminal Injuries Compensation Act 1985.

10Reference altered under section 85(3) of the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984.

11Relevant provisions repealed by the Health Amendment Act 1985.

12Repealed by the Acts Amendment and Repeal (Environmental Protection) Act 1986.

13Relevant provisions repealed by the Agricultural Products Amendment Act 1985.

14Repealed by the Herd Improvement Service Act 1984.

15Short title as changed by section 5 of the Acts Amendment (Department of Community Services) Act 1984 substituted under section 7(3)(h) of the Reprints Act 1984.

16Repealed by the Honey Pool Repeal Act 1991.

17Repealed by the Acts Amendment (Occupational Health, Safety and Welfare) Act 1987.

18Relevant provisions repealed by the Acts Amendment (Building Societies and Credit Unions) Act 1987.

19Repealed by the Podiatrists Registration Act 1984.

20Relevant provisions repealed by the Agricultural Products Amendment Act 1985.

21Relevant provisions repealed by the Consumer Affairs Amendment Act 1981.

22Repealed by the Acts Amendment and Repeal (Statutory Bodies) Act 1985.

23Now refers to an appeals committee appointed under section 45(3) or 106 of the Environmental Protection Act 1986— see Schedule 3, clause 20 of that Act.

24Now see the Environmental Protection Act 1986.

25Committee not in existence at the date of this reprint.

26Repealed by the General Insurance Brokers and Agents Act Repeal Act 1986.

27Repealed by the Legislative Review and Advisory Committee Repeal Act 1987.

28The Mine Workers’ Relief Board was dissolved. See Schedule 2, paragraph 3 of the Mine Workers’ Relief Act 1932.

29Repealed by the Minerals and Energy Research Act 1987.

30Repealed by the Conservation and Land Management Act 1984.

31Now titled the Geographic Names Committee and responsible to the Minister for Lands.

32The Pastoral Appraisement Board was superseded by the Pastoral Board — see section 98 of the Land Act 1933. The Land Act 1933 was subsequently repealed by the Land Administration Act 1997, section 94 of which establishes the Pastoral Lands Board of Western Australia.

33Regulation 91 of the Education Act Regulations 1960 repealed in Gazette 24 April 1986 p.1491.

34Regulation 2.7 of the Mines Regulation Act Regulations 1976 repealed in Gazette 15 March 1991 p.1167.

35Relevant provisions repealed by the Solar Energy Research Amendment Act 1987.

36Now refers to the Government Employees Superannuation Board established by the Government Employees Superannuation Act 1987 — see clause 7(1) of the 7th Schedule to the Superannuation and Family Benefits Act 1938.

37Repealed by the Acts Amendment and Repeal (Transport Co‑ordination) Act 1985.

38Repealed by the Cemeteries Act 1986. The former body corporate continued under the name “Karrakatta Cemetery Board” — see Schedule 2, clause 4 of that Act.

39This Council not in existence at the date of this reprint.

40 Relevant provisions repealed by the Agricultural Legislation Amendment and Repeal Act 1998 (No. 9 of 1998 section 21)

41Repealed by the Western Australian Arts Council Repeal Act 1986.

42This Committee not in existence at the date of this reprint.

43This Committee not in existence at the date of this reprint.

44Now refers to the Western Australian Meat Marketing Corporation established under the Marketing of Meat Act 1971 — see sections 5 and 41 of the Acts Amendment (Meat Industry) Act 1985.

45Repealed by the Acts Amendment and Repeal (Post Secondary Education) Act 1989.

46The correct short title of the Act referred to is the Human Reproductive Technology Act 1991.

47This Act expired on 7 June 1991.

48This Act was repealed by the Wheat Marketing Act 1984.

49This Act expired on 31 October 1984.

50Relevant provisions repealed by the Acts Amendment (Conservation and Land Management) Act 1984.

51Repealed by the Youth, Sport and Recreation Repeal Act 1984.

52Marginal notes in the Constitution Acts Amendment Act 1899 referring to the legislation from which provisions were derived have been omitted from this reprint.

53Section 35(2) of Act No. 104 of 1990 reads as follows:

“

(2)Section 37(1)(b) of the Constitution Acts Amendment Act 1899 shall have effect in relation to the Foundation as if the reference to “member” included a reference to a deputy of a member.

”.

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer