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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Reform Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendment of Electoral
Act 1907
3. The Act amended 3
4. Part IIA inserted 3
5. Section 24 amended 11
6. Section 51 amended 11
Part 3 -- Amendment or repeal of other
Acts
7. Constitution Acts Amendment Act 1899 amended 12
8. Electoral Distribution Act 1947 repealed and
transitional provisions 12
9. Juries Act 1957 amended 13
10. Salaries and Allowances Act 1975 amended 14
155--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Electoral Reform Bill 2002
A Bill for
An Act to --
• amend the Electoral Act 1907 and the Constitution Acts
Amendment Act 1899;
• repeal the Electoral Distribution Act 1947; and
• make consequential amendments to other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Reform Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electoral Reform Act 2002.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
page 2
Electoral Reform Bill 2002
Amendment of Electoral Act 1907 Part 2
s. 3
Part 2 -- Amendment of Electoral Act 1907
3. The Act amended
The amendments in this Part are to the Electoral Act 1907*.
[* Reprinted as at 15 December 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 111.]
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 3
Electoral Reform Bill 2002
Part 2 Amendment of Electoral Act 1907
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
or representative of each party and Independent
members in the Parliament and shall seek the written
25 views of the Parliamentary leader or representative of
each party and Independent member in the Parliament.
(6) The Commissioners shall meet as often as may be
necessary for carrying out their duties under this Part.
(7) For the purposes of this Part the Commissioners have
30 the powers of a duly appointed Royal Commission, and
of a chairman of a Royal Commission, under the Royal
Commissions Act 1968.
page 4
Electoral Reform Bill 2002
Amendment of Electoral Act 1907 Part 2
s. 4
(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,
which this subsection appropriates to the necessary
5 extent.
Division 2 -- Districts, regions and representation
16C. Electoral districts and representation
(1) The State shall be divided into 57 electoral districts.
(2) Each district will return one member to serve in the
10 Assembly.
16D. Electoral regions and representation
(1) The State shall be divided into 6 electoral regions.
(2) Each region will return 6 members to serve in the
Council.
15 Division 3 -- Division of State into districts and regions
16E. Requirement for division into districts and regions
after this Part has effect
The State shall be divided into districts and regions in
accordance with this Part as soon as practicable after
20 the day on which the Electoral Reform Act 2002 comes
into operation.
16F. Division required after each election
The State shall be divided into districts and regions in
accordance with this Part as soon as practicable after
25 the day that is 2 years after polling day for each general
election for the Assembly held after the day on which
the Electoral Reform Act 2002 comes into operation.
page 5
Electoral Reform Bill 2002
Part 2 Amendment of Electoral Act 1907
s. 4
16G. Division may be directed by proclamation
(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
5 the day of the issue of the proclamation.
(2) A proclamation shall be made under subsection (1) if
both Houses of Parliament pass a resolution to that
effect.
16H. Commissioners' functions
10 (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
15 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
20 subsection (1) to be lodged with the
Commissioners within 30 days from the
day of the publication of the notice in
the Gazette; and
(ii) invite written comments being
25 comments on the suggestions lodged
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;
30 (b) forthwith after the expiration of the period of
30 days referred to in paragraph (a)(i), cause
copies of the suggestions lodged with the
Commissioners under paragraph (a)(i) to be
page 6
Electoral Reform Bill 2002
Amendment of Electoral Act 1907 Part 2
s. 4
made available for perusal at the office of the
Electoral Commissioner;
(c) consider all of the suggestions and comments
lodged with the Commissioners under
5 paragraph (a);
(d) within 42 days from the expiration of the period
of 14 days referred to in paragraph (a)(ii),
formulate proposals for the division of the State
in the manner required under subsection (1) and
10 the names proposed to be assigned to the
districts and publish in the Gazette and in a
newspaper circulating throughout the State --
(i) a map or maps setting out those
proposals; and
15 (ii) a statement of the Commissioners'
reasons for making those proposals;
(e) consider any objections in writing that may be
lodged with the Commissioners within 30 days
from the day of the publication of the map or
20 maps and statement in the Gazette under
paragraph (d); and
(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
25 in the manner required under subsection (1).
(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).
30 (4) The notice mentioned in subsection (2)(f) shall set
out --
(a) the average district enrolment at the day
specified in section 16E, 16F or 16G(1) as the
page 7
Electoral Reform Bill 2002
Part 2 Amendment of Electoral Act 1907
s. 4
day as soon as practicable after which the
division is to be carried out;
(b) in respect of each of the 57 districts --
(i) the name assigned to the district;
5 (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;
10 and
(c) 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.
15 (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.
16I. Basis for division of the State into districts
(1) The Commissioners shall divide the State into districts
20 in accordance with the principles that --
(a) if a district has an area of less than
100 000 square kilometres, the number
of electors comprised in the district at the day
specified in section 16E, 16F or 16G(1) as the
25 day as soon as practicable after which the
division is to be carried out must not be more
than 10% greater, or more than 10% less, than
the average district enrolment on the day so
specified; and
30 (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 day specified in
page 8
Electoral Reform Bill 2002
Amendment of Electoral Act 1907 Part 2
s. 4
section 16E, 16F or 16G(1) as the day
as soon as practicable after which the
division is to be carried out; and
(ii) the additional large district number,
5 must not be more than 10% greater, or more
than 20% less, than 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.
10 (2) In subsection (1)(b) --
"additional large district number" means 0.5% of
the number of square kilometres in the area of the
district.
16J. Basis for division of the State into regions
15 (1) The Commissioners shall divide the State into regions
so that those regions generally reflect the recognised
communities of interest and land use patterns in the
State and so that --
(a) 3 contiguous regions, to be known,
20 respectively, as the North Metropolitan Region,
the South Metropolitan Region and the East
Metropolitan Region --
(i) each consist of complete and contiguous
districts; and
25 (ii) together form an area that is generally
coextensive with the metropolitan area
of Perth;
(b) one region, to be known as the Mining and
Pastoral Region, consists of complete and
30 contiguous districts that together form an area
that is remote from Perth and in which the land
use is primarily for mining and pastoral purposes;
(c) one region, to be known as the Agricultural
Region, consists of complete and contiguous
page 9
Electoral Reform Bill 2002
Part 2 Amendment of Electoral Act 1907
s. 4
districts that together form an area that is
generally south, or south and west, of and
adjacent to the Mining and Pastoral Region and
in which the land use is primarily for
5 agricultural purposes; and
(d) the remaining region, to be known as the South
West Region, consists of complete and
contiguous districts.
(2) In subsection (1) --
10 "metropolitan area of Perth" means the part of the
State that comprises --
(a) the region that was, as at the day specified in
section 16E, 16F or 16G(1) as the day as
soon as practicable after which the division
15 is to be carried out, described in the Third
Schedule to the Metropolitan Region Town
Planning Scheme Act 1959; and
(b) Rottnest Island.
16K. Matters to be considered in dividing the State into
20 regions and districts
In making the division of the State into regions and
districts the Commissioners shall give due
consideration to --
(a) community of interest;
25 (b) land use patterns;
(c) means of communication and distance from the
capital;
(d) physical features;
(e) existing boundaries of regions and districts;
30 (f) existing local government boundaries; and
(g) the trend of demographic changes, but not so as
to make a forward projection of elector
numbers.
page 10
Electoral Reform Bill 2002
Amendment of Electoral Act 1907 Part 2
s. 5
16L. Power of Commissioners to modify boundaries of
districts
In the exercise of the powers conferred on the
Commissioners by this Part, the boundaries of the
5 districts may be modified by the Commissioners by
excising portions from them, or by adding other
portions to them and the districts may be designated
and redesignated.
16M. Effect of notice dividing the State into districts and
10 regions
On and by virtue of a notice being published in the
Gazette under section 16H(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
15 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
20 (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
25 districts and regions takes effect under this section.
".
5. Section 24 amended
Section 24(3) is amended by deleting "under section 3(2)(f) of
the Electoral Distribution Act 1947".
30 6. Section 51 amended
Section 51(2) is amended by deleting "under the Electoral
Distribution Act 1947".
page 11
Electoral Reform Bill 2002
Part 3 Amendment or repeal of other Acts
s. 7
Part 3 -- Amendment or repeal of other Acts
7. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72 and Acts Nos. 24 and 25 of
2001 and Nos. 5, 20 and 24 of 2002.]
(2) Section 5 is amended as follows:
10 (a) by deleting "34" and inserting instead --
" 36 ";
(b) by deleting "as defined under section 6".
(3) Section 6 is repealed.
(4) Sections 18 and 19 are repealed and the following section is
15 inserted instead --
"
18. Constitution of Legislative Assembly
The Legislative Assembly shall consist of 57 elected
members who shall be returned and sit for electoral
20 districts.
".
8. Electoral Distribution Act 1947 repealed and transitional
provisions
(1) The Electoral Distribution Act 1947 is repealed.
25 (2) In subsection (3) --
"elections in districts", "elections in regions" and "general
election" have the same meanings as they have,
respectively, in the Electoral Act 1907;
page 12
Electoral Reform Bill 2002
Amendment or repeal of other Acts Part 3
s. 9
"previous electoral distribution" means the division of the
State into electoral districts and electoral regions for the
election of members of the Legislative Assembly and the
Legislative Council that was in effect on 10 February 2001.
5 (3) The previous electoral distribution continues to apply in respect
of --
(a) elections in districts held before the first general election
for the Legislative Assembly held after the
commencement of this Act;
10 (b) elections in regions held before the first general election
for the Legislative Council held after the
commencement of this Act; and
(c) the representation of electoral districts and electoral
regions by members of the Legislative Assembly and the
15 Legislative Council elected --
(i) before the commencement of this Act;
(ii) at elections referred to in paragraphs (a) and (b);
or
(iii) under sections 156C and 156D of the Electoral
20 Act 1907 before 22 May next following the first
general election for the Legislative Council held
after the commencement of this Act.
9. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
25 [* Reprinted as at 3 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 188.]
(2) Section 11(1) is amended by deleting "the Electoral
Distribution Act 1947, or any other" and inserting instead --
30 " any ".
page 13
Electoral Reform Bill 2002
Part 3 Amendment or repeal of other Acts
s. 10
10. Salaries and Allowances Act 1975 amended
(1) The amendments in this section are to the Salaries and
Allowances Act 1975*.
[* Reprinted as at 8 September 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 335.]
(2) Section 6(6) is amended by deleting "action taken under the
Electoral Distribution Act 1947" and inserting instead --
"
10 a subsequent division of the State into electoral
districts and electoral regions
".
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