WESTERN AUSTRALIA (CONSTITUTION ACTS COPY of the Constitution Acts Amendment Act, 1899, of Western Australia. And to be purchased, either directly or through any Bookseller, from JOHN MENZIES & Co., 12, HANOVER STREET, EDINBurgh, and HODGES, FIGGIS, & Co., LIMITED, 104, GRAFTON STREET, DUBLIN. 1900. Short title. Repeal, Interpretation 52 Vict. 23, s. 75. Division of Act into parts. AN ACT to amend the Constitution Act, 1889, and to amend and consolidate the Acts amending the same. W [Reserved, 16 December 1899.] HEREAS by the Constitution Act, 1889, it is provided that the Legislature of Western Australia shall have full power and authority from time to time to repeal or alter any of the provisions of the said Act: And whereas it is expedient to amend the said Act and to amend and consolidate the Acts amending the same: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Constitution Acts Amendment Act, 1899. 2. The enactments mentioned in the First Schedule hereto are thereby repealed to the extent therein stated. 3. For the purposes of this Act "Her Majesty" means, when not repugnant to the context, Her Majesty, her heirs and successors. "Governor" means the person for the time being lawfully administering the Government of Western Australia, or the lawfully appointed Deputy of such person. "Governor in Council" means the Governor acting with the advice of the Executive Council. "Minister" means the Minister charged with the execution of this Act. "Treasurer" means the Treasurer of the Colony for the time being. Person," in sections fifteen, sixteen, seventeen, twenty-six, twenty-seven, and twenty-eight, means an individual of either sex. 4. This Act is divided into three Parts, namely: PART I.-LEGISLATURE. PART II.-EXECUTIVE. PART III.-MISCELLANEOUS. PART I.-LEGISLATURE. Legislative Council. 5. The Legislative Council shall consist of thirty elected members, who Legislative 6. The Colony shall be divided into ten Electoral Provinces, and shall to say: The Central Province, comprising Cue, Geraldton, Greenough, Irwin, Mt. The Metropolitan Province, comprising Perth, East Perth, North Perth, and The Metropolitan Suburban Province, comprising Claremont, Guildford, The North Province, comprising Gascoyne, East Kimberley, West Kimberley, The North-East Province, comprising Boulder, Hannans, Kalgoorlie, The South Province, comprising Mount Burges, Coolgardie, Dundas, and The South-East Province, comprising Albany, Plantagenet, and Williams The South-West Province, comprising Bunbury, Murray, Nelson, South-West Council to consist 60 Vict., 18, s. 4. The West Province, comprising Cockburn Sound, Fremantle, East Fremantle, Each Electoral Province shall return three members. j members of Legislative Council. 7. Subject as hereinafter provided, any man who has resided in Western Qualification of Australia for two years shall be qualified to be elected a member of the Legislative Council, if he be of the full age of thirty years, and not subject to any legal incapacity, and is a natural born subject of Her Majesty the Queen, 57 Vict., 14, s. 6. or if not a natural born subject of the Queen, shall have been naturalised for five years previously to such election, and have re-ided in Western Australia during that period. 8. 5. 8.-(1.) The senior member of the Legislative Council for each Province, Members to retire at the passing of this Act, shall vacate his seat on the 21st day of May, 1900, periodically. and the member who in turn becomes the senior member shall retire two years 57 Vict., 14, s. 8. after the day when the previous senior member was hereby required to retire, See 60 Vict., 18, and so on with every member who subsequently in turn becomes senior member. In the case of the first members for the South Province and the Metropolitan Suburban Province, the member who polls the lowest number of votes shall vacate his seat on the twenty-first day of May, 1902, and the member who polls the next lowest number of votes shall vacate his seat on the twenty-first day of May, 1904, and the third member shall vacate his seat on the twenty-first day of May, 1906. s. 5. (2.) Every writ for the election of a member of the Legislative Council to Times for issue (3.) For the purposes of this section the seniority of a member of the Seniority, how election, and, in the event of two or more persons being elected for a Province 57 Vict., 14, s. 8. upon the same day, the member who polled the smallest number of votes shall be the member to retire; and, in the event of an equality of votes, or of an 60 Vict., 18, pt. s. 5. Resignation of members. 57 Vict., 14. s. 9, unopposed return, the order of retiring shall be according to the alphabetical precedence of their surnames, and, if necessary, of their other names. (4.) Whenever the seat of the senior member for the time being for any province or in the case of the first member for a new province the seat of a retiring member shall be vacated, otherwise than by effluxion of time, during the period between the twenty-first day of January and twenty-first day of May (both inclusive), in the year in which the same seat would have been vacated under this section, such seat shall be deemed to have been vacated by effluxion of time, and the member elected to fill such vacancy shall be entitled to sit and vote on and after the return of the writ. 9. Any member of the Legislative Council may resign his seat therein, by writing under his hand addressed to the President, or if there be no President, or if the President is absent from the Colony, to the Governor, and upon the and see 60 Vict., receipt of such resignation by the President or the Governor, as the case may be, the seat of such member shall become vacant. 18, s. 7. Tenure of seat by member filling 10. Subject to section eight of this Act the member elected to fill any vacancy arising otherwise than by effluxion of time shall hold the seat during the unexpired portion of the term for which the previous member would have 57 Vict., 14, s. 11. been entitled to hold it, and no longer. vacancy. Election of Absence of provided for. President of Council to hold office in certain 11. Whenever the office of President of the Legislative Council becomes vacant, the Council at their first meeting thereafter shall elect one of their members to be President, and the President so elected shall preside at all meetings of the Council. 12. In case of the absence of the President upon leave of absence granted to him by the Legislative Council, or by reason of illness or other unavoidable cause, the Council shall thereupon elect some other member to fill the office and perform the duties of the President during such absence. 13. The member of the Legislative Council holding office as the President thereof who shall vacate his seat by periodical retirement when the Council is not in session, shall continue in office and be deemed to be the President of the cases until meeting said Council until the next meeting of Parliament, unless he shall not be re-elected a member of the said Council; but nothing in this section shall enable a President hereby continued in office to preside at any meeting of the said Council. of Parliament. 57 Vict., 17, s. 1. Quorum-division, casting vote. 57 Vict., 14, s. 7. Qualification of electors. See 57 Vict., 14, s. 12. 14 The presence of at least one-third of the members of the Legislative Council, exclusive of the President, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Council shall be decided by a majority of votes of the members present, other than the President, and when the votes are equal the President shall have the casting vote: Provided always, that if the whole number of members constituting the Legislative Council shall not be exactly divisible by three, the quorum of the Legislative Council shall consist of such whole number as is next greater than one-third of the members of the Legislative Council. 15. Every person of the age of twenty-one years, being a natural born or naturalised subject of Her Majesty and not subject to any legal incapacity, who shall have resided in Western Australia for six months, shall, subject to the provisions of this Act, if qualified as in this section is provided, be entitled to be registered as an elector and when registered for six months to vote for each of any number of candidates not exceeding the number of members to be elected to serve in the Legislative Council for the Electoral Province in respect of which such person is so qualified, that is to say, if such person (1.) Has a legal or equitable freehold estate in possession situate in the (2.) Is a householder within the Province occupying any dwelling-house of (4.) Holds a lease or license from the Crown to depasture, occupy, cultivate, or mine upon Crown lands within the Province at a rental of not less than Ten pounds per annum ; Or if the name of such person is on (5.) The Electoral List of any Municipality in respect of property within the Province of the annual rateable value of not less than Twenty-five pounds; or (6.) The Electoral List of any Road Board District in respect of property within the Province of the annual rateable value of not less than Provided that the names of all persons who have been struck off any Provided also that (a.) No aboriginal native of Australia, Asia, or Africa, or person of the half-blood, shall be entitled to be registered, except in respect of a freehold qualification; (b.) No elector possessing more than one qualification within a Province shall be thereby entitled to be registered more than once for that Province; and (c.) A person claiming to be registered as a naturalised subject of Her Majesty must have been so naturalised for the period of twelve months before making the claim. 16. Where any premises are jointly owned, occupied, or held on lease or When joint license within the meaning of the last preceding section, by more persons than owners and occuone, each of such joint owners, occupiers, leaseholders, or licensees, not exceeding piers shall be four, shall be entitled to be registered as an elector, and subject as aforesaid entitled to be registered. to vote in respect of the said premises in case the value of the individual See 52 Vict., 23, interest therein of any such person separately considered, would, under the provisions of the last preceding section, entitle such person to be registered as an elector. S. 40. 17. Every person nevertheless shall be disqualified from being registered as Disqualifications. an elector who-57 Vict., 14, s. 22. (1.) Is of unsound mind or in the receipt of relief from Government or from any charitable institution; or (2.) Has been attainted or convicted of treason, felony, or any infamous offence in any part of Her Majesty's dominions, and has not served the sentence for the same or has not received a free pardon for such offence. Legislative Assembly. to consist of 50 members. 18. The Legislative Assembly shall consist of fifty members, who shall be Legislative Assembly elected for the several Electoral Districts hereinafter named and defined. 19. The Colony shall be divided into fifty Electoral Districts, each returning one member to serve in the Legislative Assembly, that is to say, the districts of Colony divided into 50 Electoral Districts. See 60 Vict., 18, s. 9. Beverley Bunbury Cue Dundas Fremantle East Fremantle North Fremantle South Fremantle Gascoyne Greenough Irwin East Kimberley Menzies Moore Murchison North Murchison Murray |