Western Australian Current Acts

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LAND ADMINISTRATION ACT 1997 - SECT 43

43 .         Certain changes to class A reserves, national parks etc., parliamentary procedure as to

        (1)         If, after a proposal is laid before each House of Parliament under section 42(4), 44(1) or 45(4) notice of a resolution disallowing the proposal —

            (a)         is not given in either House of Parliament within 14 sitting days of that House after the proposal was laid before it, the proposed reduction, excision, cancellation, change, grant or permission may be implemented by order after the last day of the later of those periods of 14 sitting days; or

            (b)         is given in either or both of the Houses of Parliament within 14 sitting days of that House, or each of those Houses, after the proposal was laid before it, but that resolution is not lost in that House or each of those Houses within 30 sitting days after the proposal was laid before it, the proposed reduction, excision, cancellation, change, grant or permission lapses; or

            (c)         is given in either or both of the Houses of Parliament within 14 sitting days of that House, or each of those Houses, after the proposal was laid before it, but that resolution is lost in that House or each of those Houses within 30 sitting days after the proposal was laid before it, the proposed reduction, excision, cancellation, change, grant or permission may be implemented by order after that loss or after the later of those losses, as the case requires.

        (2)         It does not matter whether or not the period of 14 sitting days referred to in subsection (1) or some of them occur during —

            (a)         the same session of Parliament; or

            (b)         the same Parliament,

                as that in which the relevant proposal is laid before the House of Parliament concerned.

        (3)         If the notice of a resolution referred to in subsection (1) is given to a House and that resolution is not lost but, before the period of 30 sitting days mentioned in subsection (1)(b) and (c) expires, Parliament is prorogued or that House is dissolved or expires —

            (a)         the relevant proposal does not lapse but, subject to paragraph (b)(iii), it cannot be implemented; and

            (b)         on the commencement of the next session of Parliament —

                  (i)         the Minister may cause the proposal to be laid before that House again; and

                  (ii)         notice of a resolution disallowing the proposal may be given again in that House; and

                  (iii)         subsection (1) applies again but as if the references in subsection (1)(b) and (c) to the period of 30 sitting days after the proposal was laid were references to the remaining sitting days after notice of a resolution disallowing the proposal is given under subparagraph (ii).

        (4)         In subsection (3)(b)(iii) —

        remaining sitting days means the number of sitting days equal to the portion of the period of 30 sitting days mentioned in subsection (1)(b) and (c) that remained unexpired when Parliament was prorogued, or the relevant House was dissolved or expired, as referred to in subsection (3).

        [Section 43 amended: No. 59 of 2000 s. 11.]



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