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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment (Constitutional
Provisions) Bill 2000
CONTENTS
Part 1 & Preliminary
1. Short title 2
2. Commencement 2
Part 2 & Amendments to the Electoral Act
1907
3. Princial Act 3
4. Section 77 of principal Act amended 3
5. Part V A inserted 3
Part 3 -- Amendments to the Constitution
Acts Amendment Act 1899
6. Principal Act 6
7. Sections repealed and Schedule V amended 6
8. Section 33 amended 6
9. Section 37 amended 6
10 . Section 40 amended 6
11 . Section 41 amended 7
page i
155--1
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon John Cowdell)
Electoral Amendment (Constitutional
Provisions) Bill 2000
A Bill for
An Act to amend the Electoral Act 1907.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 1
Part 1 & Preliminary
1. Short title
This Act may be cited as the Electoral Amendment
(Constitutional Provisions) Act 2000.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 3
Part 2 & Amendments to the Electoral Act 1907
3. Princial Act
In this Part, the Electoral Act 1907 is referred to as the principal
Act.
5 4. Section 77 of principal Act amended
Section 77 of the principal Act is amended --
(a) by deleting in subsection (1) the word "elected" and
substituting the words "chosen or sitting";
(b) by deleting in subsection (4) --
10 (i) the word "is" where it first appears and
substituting the words "would be, if elected";
(ii) the word "elected" and substituting the word
"chosen";
(iii) the word "being" where it appears a second time
15 and substituting the words "sitting as".
5. Part V A inserted
After section 173 of the principal Act the following Part is
inserted --
"
20 Part VA & Eligibility for Election to Parliament
174A. Interpretation
In this Part --
(a) "disqualified for membership of the
Parliament" means disqualified for
25 membership of the Legislative Council and for
membership of Legislative Assembly;
page 3
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 5
(b) "member of the Parliament" means a
member of the Legislative Council or the
Legislative Assembly;
(c) a reference to the holding of any office or place
5 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.
174B. Eligibility for election to Parliament
10 Subject to this Part, any person who --
(a) has resided in Western Australia for one year;
and
(b) is an Australian citizen; and
(c) is 18 or more years of age; and
15 (d) is entitled or qualified to vote in an election for
a member of Parliament,
is qualified to be elected a member of the Parliament.
174C. Disqualification by reason of bankruptcy or
convictions
20 A person is disqualified for membership of the
Parliament if he --
(a) is, or becomes, an undischarged bankrupt, or a
debtor against whose estate there is a subsisting
receiving order in bankruptcy; or
25 (b) has been in any part of Her Majesty's
dominions attainted or convicted of treason or
felony.
page 4
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 5
174D. Disqualification of certain office-holders and
members of other Parliaments or Houses
(1) A person is disqualified from being chosen as a
member of the Parliament if that person --
5 (a) holds any office removal from which vests
exclusively in either or both the Legislative
Council or the Legislative Assembly, or by the
Governor; or
(b) is a member of the Parliament of the
10 Commonwealth or the legislature of a Territory
or another State of the Commonwealth.
(2) A member of one House of the Parliament cannot be
chosen as a member of the other House.
174E. Election of unqualified or disqualified person void
15 (1) The election as a member of the Parliament of a
person --
(a) who does not satisfy the requirements of
section 174B; or
(b) to whom section 174C applies; or
20 (c) to whom section 174D(1) or (2) applies,
is void.
".
page 5
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 6
Part 3 -- Amendments to the Constitution Acts
Amendment Act 1899
6. Principal Act
In this Part, the Constitution Acts Amendment Act 1899 is
5 referred to as the principal Act.
7. Sections repealed and Schedule V amended
Sections 7, 20, 32, 34 and 35 and Part 1 of Schedule V of the
principal Act are repealed.
8. Section 33 amended
10 Section 33 of the principal Act is amended by inserting after the
words "by the succeeding sections of this Part" the words "or in
Part VA of the Electoral Act 1907".
9. Section 37 amended
Section 37 of the principal Act is amended by deleting the
15 words "mentioned in Part 1 of Schedule V" and substituting the
words "referred to in section 174D of the Electoral Act 1907".
10. Section 40 amended
Section 40 of the principal Act is amended --
(a) in paragraph (a) by deleting the words "section 7 or
20 section 20" and substituting the words "section 174B of
the Electoral Act 1907";
(b) in paragraph (b) by deleting the words "section 32 or
section 34" and substituting the words "section 174C or
section 174D of the Electoral Act 1907".
page 6
Electoral Amendment (Constitutional Provisions) Bill 2000
s. 11
11. Section 41 amended
Section 41(1) of the principal Act is amended by deleting in
paragraph (a) the number "35" and substituting the words "174E
of the Electoral Act 1907."
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