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


ELECTORAL AMENDMENT BILL 2014

                  Western Australia


      Electoral Amendment Bill 2014

                       Contents

      Part 1 -- Preliminary
1.    Short title                                            2
2.    Commencement                                           2
      Part 2 -- Electoral Act 1907 amended
3.    Act amended                                            3
4.    Section 16A amended                                    3
5.    Section 16B amended                                    3
6.    Section 16F amended                                    4
7.    Section 16I amended                                    5
8.    Section 16K amended                                    5
9.    Section 16MA inserted                                  6
      16MA.   Map or maps of districts generated from
              digital or electronic record              6

      Part 3 -- Freedom of Information
           Act 1992 amended
10.   Act amended                                            7
11.   Schedule 2 amended                                     7




                        59--1                                page i
                           Western Australia


                      LEGISLATIVE COUNCIL


            Electoral Amendment Bill 2014

                               A Bill for


An Act to amend the Electoral Act 1907 and the Freedom of
Information Act 1992.



The Parliament of Western Australia enacts as follows:




                                                            page 1
    Electoral Amendment Bill 2014
    Part 1         Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Electoral Amendment Act 2014.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on the day after that day.




    page 2
                                              Electoral Amendment Bill 2014
                                 Electoral Act 1907 amended          Part 2

                                                                          s. 3



1           Part 2 -- Electoral Act 1907 amended
2    3.   Act amended
3         This Part amends the Electoral Act 1907.

4    4.   Section 16A amended
5         In section 16A insert in alphabetical order:
6

7               Land Information Authority means the Western
8               Australian Land Information Authority established by
9               the Land Information Authority Act 2006 section 5;
10


11   5.   Section 16B amended
12        Delete section 16B(7) and insert:
13

14        (7)   For the purposes of this Part --
15               (a) the Commissioners have the powers,
16                      protections and immunities of a Royal
17                      Commission and the Chairman of a Royal
18                      Commission under the Royal Commissions
19                      Act 1968; and
20               (b) the provisions of the Royal Commissions
21                      Act 1968 have effect in relation to the
22                      Commissioners as if they were enacted in this
23                      Act and in terms made applicable to the
24                      Commissioners and the performance of the
25                      functions of the Commissioners under this Part.
26




                                                                    page 3
     Electoral Amendment Bill 2014
     Part 2         Electoral Act 1907 amended

     s. 6



1    6.          Section 16F amended
2         (1)    In section 16F(2):
3                  (a) in paragraph (d) delete "within 42 days from" and insert:
4

5                         as soon as practicable after
6

7                  (b)    in paragraph (f) delete "practicable, but not more than
8                         90 days" and insert:
9

10                        practicable
11

12        (2)    Delete section 16F(4)(b)(ii) and insert:
13

14                                (ii)   a description of the boundaries fixed for
15                                       the district; and
16

17        (3)    After section 16F(4) insert:
18

19              (5A)     For the purposes of subsection (4)(b)(ii), the
20                       boundaries may be described --
21                         (a) by setting out in the notice a description of the
22                               boundaries by reference to any of the
23                               following --
24                                  (i) local government or other
25                                      administrative boundaries;
26                                 (ii) cadastral, topographical or other spatial
27                                      information;
28                                (iii) such other matters as the
29                                      Commissioners think appropriate;
30                               or
31                        (b) by referring in the notice to a version of a map
32                               or maps showing those boundaries that has

     page 4
                                                    Electoral Amendment Bill 2014
                                       Electoral Act 1907 amended          Part 2

                                                                                  s. 7



1                             been lodged with the Land Information
2                             Authority under section 16MA(1).
3

4         (4)   After section 16F(5) insert:
5

6               (6)   In performing functions under this section, the
7                     Commissioners must ensure that the period beginning
8                     on the day on which the notice under subsection (2)(a)
9                     is published and ending on the day on which the notice
10                    under subsection (2)(f) is published does not exceed
11                    8 months.
12              (7)   The Commissioners may at any time publish in any
13                    manner the Commissioners think appropriate a
14                    consultation paper formulated by the Commissioners
15                    about any division of the State required under this Part.
16


17   7.         Section 16I amended
18              In section 16I(c) delete "communication" and insert:
19

20              communication, means of travel
21


22   8.         Section 16K amended
23              In section 16K delete "as set out in" and insert:
24

25              in accordance with
26




                                                                            page 5
     Electoral Amendment Bill 2014
     Part 2         Electoral Act 1907 amended

     s. 9



1    9.       Section 16MA inserted
2             After section 16L insert:
3


4           16MA. Map or maps of districts generated from digital or
5                 electronic record
6             (1)   For the purposes of preparing a notice for publication
7                   under section 16F(2)(f) that will describe the
8                   boundaries of the districts into which the State is
9                   divided in accordance with section 16F(5A)(b), the
10                  Commissioners must --
11                    (a) identify the boundaries of the districts by
12                          reference to any of the matters referred to in
13                          section 16F(5A)(a); and
14                    (b) cause those boundaries to be recorded in digital
15                          or electronic form in such a way as to be
16                          capable of generating a digital, electronic or
17                          printed version of a map or maps showing the
18                          boundaries of each district; and
19                    (c) lodge with the Land Information Authority a
20                          version of a map or maps showing the
21                          boundaries of each district that is generated
22                          from a record made under paragraph (b).
23            (2)   In any proceedings, the version of a map or maps
24                  lodged under subsection (1)(c) is, without proof of any
25                  appointment or signature, evidence of the boundaries
26                  of the districts fixed under a notice mentioned in
27                  section 16F(2)(f) if that notice describes those
28                  boundaries by reference to that version.
29




     page 6
                                              Electoral Amendment Bill 2014
                    Freedom of Information Act 1992 amended          Part 3

                                                                         s. 10



1     Part 3 -- Freedom of Information Act 1992 amended
2    10.   Act amended
3          This Part amends the Freedom of Information Act 1992.

4    11.   Schedule 2 amended
5          In Schedule 2 after the item relating to the Director of Public
6          Prosecutions insert:
7

8          The Electoral Distribution Commissioners.
9


10




 


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