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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL ACT AMENDMENT (FIXED TERMS) BILL 2004

                     Western Australia


Electoral Act Amendment (Fixed Terms) Bill
                  2004

                        CONTENTS


      Part 1 -- Preliminary
1.    Short title                                      2
2.    Commencement                                     2
      Part 2 -- Amendments about fixed
           election dates
      Division 1 -- Electoral Act 1907 amended
3.    The Act amended                                  3
4.    Section 4 amended                                3
5.    Section 64 replaced                              4
6.    Section 70 amended                               4
7.    Section 71 amended                               5
8.    Section 72 amended                               5
9.    Section 76 amended                               5
10.   Section 156E amended                             6
      Division 2 -- Constitution Acts Amendment Act
            1899 amended
11.   The Act amended                                  6
12.   Section 8 amended and transitional provisions    6
13.   Section 10 amended                               8
14.   Section 21 amended                               8
15.   Section 36 amended                               9
      Division 3 -- Salaries and Allowances Act 1975
            amended
16.   The Act amended                                  9
17.   Section 6 amended                                9

                          348--1                       page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                  (Introduced by Mr L. Graham MLA)


  Electoral Act Amendment (Fixed Terms) Bill
                    2004


                               A Bill for


An Act to make amendments to the Electoral Act 1907, the
Constitution Acts Amendment Act 1899 and the Salaries and
Allowances Act 1975 in relation to the dates for general elections.



The Parliament of Western Australia enacts as follows:




                                                                 page 1
    Electoral Act Amendment (Fixed Terms) Bill 2004
    Part 1          Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This Act may be cited as the Electoral Act Amendment (Fixed
             Terms) Act 2004.

5   2.       Commencement
             This Act comes into operation on the day on which it receives
             the Royal Assent.




    page 2
                               Electoral Act Amendment (Fixed Terms) Bill 2004
                            Amendments about fixed election dates       Part 2
                                     Electoral Act 1907 amended    Division 1
                                                                           s. 3



           Part 2 -- Amendments about fixed election dates
                    Division 1 -- Electoral Act 1907 amended
     3.         The Act amended
                The amendments in this Division are to the Electoral Act 1907.

5    4.         Section 4 amended
          (1)   Section 4(1) is amended in the definition of "general election"
                as follows --
                  (a) in paragraph (a) by deleting "64(1)" and inserting
                        instead --
10                      " 64(2) or (3) ";
                  (b) in paragraph (b) by deleting "64(2)" and inserting
                        instead --
                        " 64(4) ".
          (2)   Section 4(1) is amended by inserting in the appropriate
15              alphabetical positions the following definitions --
            "
                  "election year", in relation to a periodic election, means
                          the year in which the writ for the periodic election
                          is issued;
20                "periodic election" means --
                          (a) a general election for the Assembly the writ
                                 for which is issued under section 64(3); or
                          (b) any general election for the Council;
                                                                                  ".




                                                                           page 3
     Electoral Act Amendment (Fixed Terms) Bill 2004
     Part 2          Amendments about fixed election dates
     Division 1      Electoral Act 1907 amended
     s. 5



     5.             Section 64 replaced
                    Section 64 is repealed and the following section is inserted
                    instead --
     "
5           64.           Issue of writs for general election
                    (1)   In this section --
                          "expiry year" of an Assembly means the year in which
                               that Assembly, if it is not previously dissolved,
                               will expire by effluxion of time.
10                  (2)   If an Assembly is dissolved before 1 November last
                          preceding its expiry year, the Governor shall cause a
                          writ for elections in all the districts to be issued not
                          later than 10 days after the dissolution.
                    (3)   If an Assembly is not dissolved before 1 November last
15                        preceding its expiry year, the Governor shall cause a
                          writ for elections in all the districts to be issued on the
                          third Wednesday of January in the expiry year.
                    (4)   In order to fill seats in the Council that are to be
                          vacated by effluxion of time at the end of 21 March in
20                        a year, the Governor shall cause a writ for elections in
                          all the regions to be issued on the third Wednesday of
                          January last preceding that 21 March.
                                                                                        ".

     6.             Section 70 amended
25        (1)       Section 70 is amended by inserting before "The" the subsection
                    designation "(1)".
          (2)       At the end of section 70 the following subsection is inserted --
                "
                    (2)   In the case of a periodic election the date fixed as the
30                        last day for the nomination of candidates shall be the
                          second Friday following the date of the writ.
                                                                                        ".

     page 4
                                Electoral Act Amendment (Fixed Terms) Bill 2004
                             Amendments about fixed election dates       Part 2
                                      Electoral Act 1907 amended    Division 1
                                                                            s. 7



     7.       Section 71 amended
              After section 71(3) the following subsections are inserted --
          "
              (4)     In the case of a periodic election the date fixed for the
5                     polling shall be the third Saturday of February in the
                      election year.
              (5)     If the third Saturday of February in an election year is
                      an excluded day, the date fixed for the polling shall be
                      the fourth Saturday of February in the election year.
10            (6)     In subsection (5) --
                      "excluded day" means a day appointed as polling day
                           for an election of the Senate or a general election
                           of the House of Representatives or as the voting
                           day for a referendum as defined in section 3 of the
15                         Referendum (Machinery Provisions) Act 1984 of
                           the Commonwealth.
                                                                                    ".

     8.       Section 72 amended
              After section 72(1) the following subsection is inserted --
20        "
              (2)     In the case of a periodic election the date fixed as the
                      last day for the return of the writ shall not be later than
                      21 March after polling day.
                                                                                    ".

25   9.       Section 76 amended
              Section 76(3) is amended by deleting "the time prescribed by
              the Constitution Acts Amendment Act 1899." and inserting
              instead --
              "     21 March after polling day.    ".




                                                                              page 5
     Electoral Act Amendment (Fixed Terms) Bill 2004
     Part 2          Amendments about fixed election dates
     Division 2      Constitution Acts Amendment Act 1899 amended
     s. 10



     10.             Section 156E amended
                     Section 156E(2) is repealed and the following subsections are
                     inserted instead --
                 "
5                    (2)    A writ shall not be issued under subsection (1) on or
                            after 1 November last preceding the expiry year and, in
                            that case, the vacancy is taken for the purposes of
                            section 64(4) and section 10 of the Constitution Acts
                            Amendment Act 1899 to occur by effluxion of time at
10                          the end of 21 March in the expiry year.
                     (3)    In subsection (2) --
                            "expiry year" means the year in which the term of
                                 service of the member whose seat has been
                                 vacated would have expired.
15                                                                                      ".

      Division 2 -- Constitution Acts Amendment Act 1899 amended
     11.             The Act amended
                     The amendments in this Division are to the Constitution Acts
                     Amendment Act 1899.

20   12.             Section 8 amended and transitional provisions
           (1)       Section 8(2) and (3) are each amended by deleting "May" and
                     inserting instead --
                     "     March   ".
           (2)       Section 8(4) is repealed and the following subsection is inserted
25                   instead --
                 "
                     (4)    Where an election held as part of a general election
                            fails wholly or partially or is declared to be absolutely
                            void, the seat of a member elected at an election held
30                          by reason of that failure or declaration shall become

     page 6
                             Electoral Act Amendment (Fixed Terms) Bill 2004
                         Amendments about fixed election dates        Part 2
               Constitution Acts Amendment Act 1899 amended      Division 2
                                                                        s. 12



                 vacant at the expiration of the period of 4 years
                 beginning on 22 March next following that general
                 election.
                                                                            ".
5    (3)   Section 8(5) is amended by deleting "(4)(a)" and inserting
           instead --
           "   (4)   ".
     (4)   Section 8(6) is repealed.
     (5)   If a person who is a member of the Legislative Council on
10         21 March 2005 is no longer a member on 22 March 2005, the
           Salaries and Allowances Act 1975 and parliamentary
           superannuation arrangements continue to apply in relation to
           that person in the same way as they would have if --
             (a) 21 May 2005 had continued to be the day at the end of
15                  which the person's seat became vacant by effluxion of
                    time; and
             (b) the person had continued during the subtracted period to
                    hold any higher office that the person held on 21 March
                    2005.
20   (6)   In subsection (5) --
           "higher office" means the office of --
                (a) President of the Legislative Council; or
                (b) Chairman or Deputy Chairman of Committees in the
                      Legislative Council;
25         "parliamentary superannuation arrangements" means
                contribution, entitlement and other superannuation
                arrangements in respect of --
                (a) a person by or for whom contributions are being
                      made as at 21 March 2005 to the scheme as defined
30                    in section 5 of the Parliamentary Superannuation Act
                      1970; or



                                                                        page 7
     Electoral Act Amendment (Fixed Terms) Bill 2004
     Part 2          Amendments about fixed election dates
     Division 2      Constitution Acts Amendment Act 1899 amended
     s. 13



                     (b)   a person for whom contributions are being made as at
                           21 March 2005 under section 29 of the Parliamentary
                           Superannuation Act 1970;
                 "subtracted period" means the period --
5                    (a) beginning on 22 March 2005; and
                     (b) ending on 21 May 2005 or, if the person dies before
                           then, on death.

     13.         Section 10 amended
                 Section 10(3)(b) is amended by deleting "May" and inserting
10               instead --
                 "   March       ".

     14.         Section 21 amended
           (1)   Section 21(1) is amended as follows:
                   (a) by inserting before "Provided" the subsection
15                      designation "(2)";
                  (b) by deleting paragraphs (a) and (b) and "and" after
                        paragraph (a) and inserting instead --
                     "
                           (a)    whenever any Legislative Assembly would
20                                expire by effluxion of time on or after
                                  1 September of any year but before the third
                                  Wednesday of January next following, that
                                  Legislative Assembly shall continue up to and
                                  including the day next preceding that third
25                                Wednesday of January and no longer; and




     page 8
                                        Electoral Act Amendment (Fixed Terms) Bill 2004
                                   Amendments about fixed election dates         Part 2
                               Salaries and Allowances Act 1975 amended     Division 3
                                                                                   s. 15



                               (b)    whenever any Legislative Assembly would
                                      expire by effluxion of time on or after the third
                                      Wednesday of January of any year but before
                                      1 September of that year, that Legislative
5                                     Assembly shall cease and determine on the day
                                      next preceding that third Wednesday of
                                      January.
                                                                                          ".
           (2)        Section 21(2) is repealed.

10   15.              Section 36 amended
                      Section 36(9) is amended by deleting "May" and inserting
                      instead --
                      "     March    ".

            Division 3 -- Salaries and Allowances Act 1975 amended
15   16.              The Act amended
                      The amendments in this Division are to the Salaries and
                      Allowances Act 1975.

     17.              Section 6 amended
                      Section 6(5b) is repealed and the following subsection is
20                    inserted instead --
                 "
                     (5b)    Notwithstanding any other provision of this Act or any
                             determination, a person elected as a member of the
                             Legislative Council at a general election shall not be
25                           entitled to any remuneration as such a member in
                             respect of any period before 22 March next following
                             the general election unless that person --
                               (a) was a member of the Legislative Council
                                     immediately before the general election; or



                                                                                    page 9
    Electoral Act Amendment (Fixed Terms) Bill 2004
    Part 2          Amendments about fixed election dates
    Division 3      Salaries and Allowances Act 1975 amended
    s. 17



                    (b)   is declared elected under section 156D of the
                          Electoral Act 1907 to complete the unexpired
                          portion of a term of office ending immediately
                          before that 22 March.
5                                                                          ".




 


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