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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Electoral Amendment Bill 2001 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Part IIA inserted 2 page i 42--1 Western Australia LEGISLATIVE ASSEMBLY Electoral Amendment Bill 2001 A Bill for An Act to amend the Electoral Act 1907. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Electoral Amendment Act 2001. page 1 Electoral Amendment Bill 2001 s. 2 2. Commencement This Act comes into operation on a day fixed by proclamation. 3. The Act amended The amendments in this Act are to the Electoral Act 1907*. 5 [* Reprinted as at 15 December 2000. For subsequent amendments see Act No. 10 of 2001.] 4. Part IIA inserted After Part II the following Part is inserted -- " 10 Part IIA -- Representation in Parliament Division 1 -- Preliminary 16A. Definitions for this Part In this Part -- "average district enrolment" means the total number 15 of electors in the State divided by 57; "Commissioner" means an Electoral Distribution Commissioner appointed by section 16B(1) and includes a person appointed by or under section 16B(2), (3) or (4) to act in the office of an 20 Electoral Distribution Commissioner; "Government Statistician" means the Government Statistician appointed under the Statistics Act 1907. 16B. Electoral Distribution Commissioners 25 (1) For the purposes of this Part there shall be 3 Electoral Distribution Commissioners of whom -- (a) one shall be the Chief Justice of Western Australia who shall be chairman; page 2 Electoral Amendment Bill 2001 s. 4 (b) one shall be the Electoral Commissioner; and (c) one shall be the Government Statistician. (2) If the office of Chief Justice of Western Australia is vacant, or the Chief Justice is absent or is for any other 5 reason unable to act as a Commissioner, the Governor may appoint another Judge of the Supreme Court to act in the office of Commissioner and as chairman under subsection (1)(a) during the vacancy, absence or inability. 10 (3) A person acting in the office of the Electoral Commissioner under section 5D or 5H(2) shall, while so acting, act in the office of Commissioner under subsection (1)(b). (4) If the office of the Government Statistician is vacant, 15 or the holder of that office is absent or is for any other reason unable to act as a Commissioner, the Governor, on the recommendation of the Premier, may appoint a suitable person to act in the office of Commissioner under subsection (1)(c) during the vacancy, absence or 20 inability. (5) Before making a recommendation under subsection (4) the Premier shall consult with the Parliamentary leader of each party in the Parliament. (6) The Commissioners shall meet as often as may be 25 necessary for carrying out their duties under this Part. (7) For the purposes of this Part the Commissioners have the powers of a duly appointed Royal Commission, and of a chairman of a Royal Commission, under the Royal Commissions Act 1968. 30 (8) The moneys reasonably required for the purposes of the Commissioners shall be charged, on the certificate of the Auditor General, to the Consolidated Fund, page 3 Electoral Amendment Bill 2001 s. 4 which this subsection appropriates to the necessary extent. Division 2 -- Districts, regions and representation 16C. Electoral districts and representation 5 (1) The State shall be divided into 57 electoral districts. (2) Each district will return one member to serve in the Assembly. 16D. Electoral regions and representation (1) The State shall be divided into 6 electoral regions. 10 (2) The electoral regions known, respectively, as the North Metropolitan Region and the South West Region will each return 7 members to serve in the Council. (3) The electoral regions known, respectively, as the South Metropolitan Region, the East Metropolitan Region, 15 the Agricultural Region and the Mining and Pastoral Region will each return 5 members to serve in the Council. Division 3 -- Division of State into districts and regions 16E. Requirement for division into districts and regions 20 after this Part has effect The State shall be divided into districts and regions in accordance with this Part as soon as practicable after the day on which section 4 of the Electoral Amendment Act 2001 comes into operation. 25 16F. Division required after 2 successive elections If the same division under this Part has applied in respect of 2 successive general elections for the Assembly, the State shall be divided into districts and page 4 Electoral Amendment Bill 2001 s. 4 regions in accordance with this Part as soon as practicable after the day that is 2 years after polling day for the second of those general elections. 16G. Division may be directed by proclamation 5 (1) The Governor may, by proclamation, direct that the State be divided into districts and regions in accordance with this Part as soon as practicable after the day of the issue of the proclamation. (2) A proclamation shall be made under subsection (1) if 10 both Houses of Parliament pass a resolution to that effect. 16H. Meaning of "projection time" A reference in this Part to the "projection time", in relation to a division required or directed under this 15 Part, is a reference to the end of the period of 4 years after the day specified in section 16E, 16F or 16G(1) as the day as soon as practicable after which the division is to be carried out. 16I. Commissioners' functions 20 (1) The Commissioners shall divide the State into districts and regions in accordance with this Part whenever a division of the State is required or directed under this Part. (2) For the purposes of carrying out their duty under 25 subsection (1) the Commissioners shall -- (a) by notice published in the Gazette and in a newspaper circulating throughout the State -- (i) invite written suggestions relating to the division of the State as required by 30 subsection (1) to be lodged with the Commissioners within 30 days from the page 5 Electoral Amendment Bill 2001 s. 4 day of the publication of the notice in the Gazette; and (ii) invite written comments being comments on the suggestions lodged 5 under subparagraph (i) to be lodged with the Commissioners within 14 days from the expiration of the period of 30 days referred to in that subparagraph; (b) forthwith after the expiration of the period of 10 30 days referred to in paragraph (a)(i), cause copies of the suggestions lodged with the Commissioners under paragraph (a)(i) to be made available for perusal at the office of the Electoral Commissioner; 15 (c) consider all of the suggestions and comments lodged with the Commissioners under paragraph (a); (d) within 42 days from the expiration of the period of 14 days referred to in paragraph (a)(ii), 20 formulate proposals for the division of the State in the manner required under subsection (1) and the names proposed to be assigned to the districts and publish in the Gazette and in a newspaper circulating throughout the State -- 25 (i) a map or maps setting out those proposals; and (ii) a statement of the Commissioners' reasons for making those proposals; (e) consider any objections in writing that may be 30 lodged with the Commissioners within 30 days from the day of the publication of the map or maps and statement in the Gazette under paragraph (d); and page 6 Electoral Amendment Bill 2001 s. 4 (f) within 60 days from the expiration of the period of 30 days referred to in paragraph (e), by notice published in the Gazette, divide the State in the manner required under subsection (1). 5 (3) Any additional details and explanatory information that the Commissioners think appropriate may be included on or published with the map or maps mentioned in subsection (2)(d). (4) The notice mentioned in subsection (2)(f) shall set 10 out -- (a) the average district enrolment at the day specified in section 16E, 16F or 16G(1) as the day as soon as practicable after which the division is to be carried out; 15 (b) the average district enrolment at the projection time used for the purposes of dividing the State into 57 districts; (c) in respect of each of the 57 districts -- (i) the name assigned to the district; 20 (ii) the boundaries fixed for the district; (iii) the number of electors within the boundaries as so fixed; and (iv) the number of square kilometres in the area of the district; 25 and (d) the districts included in each of the regions, and shall include a map or maps showing the boundaries of the districts and the boundaries of the regions. 30 (5) Suggestions under subsection (2)(a)(i), comments under subsection (2)(a)(ii) and objections under subsection (2)(e) may be made by any person. page 7 Electoral Amendment Bill 2001 s. 4 16J. Basis for division of the State into districts (1) The Commissioners shall divide the State into districts in accordance with the principles that -- (a) if a district has an area of less than 100 000 5 square kilometres, the number of electors comprised in the district at the projection time must not be more than 10% greater, or more than 10% less, than the average district enrolment at the projection time; and 10 (b) if a district has an area of 100 000 square kilometres or more, the sum of -- (i) the number of electors comprised in the district at the projection time; and (ii) the additional large district number, 15 must not be more than 10% greater, or more than 20% less, than the average district enrolment at the projection time. (2) In subsection (1)(b) -- "additional large district number" means 0.5% of 20 the number of square kilometres in the area of the district. 16K. Basis for division of the State into regions The Commissioners shall divide the State into regions so that -- 25 (a) 3 contiguous regions, to be known, respectively, as the North Metropolitan Region, the South Metropolitan Region and the East Metropolitan Region -- (i) each consist of complete and contiguous 30 districts; and (ii) together form an area that is generally coextensive with the metropolitan area of Perth; page 8 Electoral Amendment Bill 2001 s. 4 (b) one region, to be known as the Mining and Pastoral Region, consists of complete and contiguous districts that together form an area that is remote from Perth and in which the land 5 use is primarily for mining and pastoral purposes; (c) one region, to be known as the Agricultural Region, consists of complete and contiguous districts that together form an area that is generally south, or south and west, of and 10 adjacent to the Mining and Pastoral Region and in which the land use is primarily for agricultural purposes; and (d) the remaining region, to be known as the South West Region, consists of complete and 15 contiguous districts. 16L. Matters to be considered in dividing the State into regions and districts In making the division of the State into regions and districts the Commissioners shall give due 20 consideration to -- (a) community of interest; (b) means of communication and distance from the capital; (c) physical features; 25 (d) existing boundaries of regions and districts; (e) existing local government boundaries; and (f) the trend of demographic changes. 16M. Power of Commissioners to modify boundaries of districts 30 In the exercise of the powers conferred on the Commissioners by this Part, the boundaries of the districts may be modified by the Commissioners by page 9 Electoral Amendment Bill 2001 s. 4 excising portions from them, or by adding other portions to them and the districts may be designated and redesignated. 16N. Effect of notice dividing the State into districts and 5 regions On and by virtue of a notice being published in the Gazette under section 16I(2)(f), the division of the State by the Commissioners into districts and regions as set out in that notice takes effect and has the force of 10 law and applies in respect of -- (a) elections in districts held after the date of the publication of the notice other than elections held before the first general election for the Assembly held after that date; and 15 (b) elections in regions held after the date of the publication of the notice other than elections held before the first general election for the Council held after that date, unless and until a further division of the State into 20 districts and regions takes effect under this section. ".
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