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Appendix 1

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This is an unofficial consolidation


Appendix 1: Provisions omitted from the main text of the consolidation

1. Constitution Act 1889

AN ACT to confer a Constitution on Western Australia, and to grant a Civil List to Her Majesty.

Preamble

WHEREAS by the 32nd section of the Imperial Act passed in the session holden in the 13th and 14th years of the Reign of Her present Majesty, intituled “An Act for the better Government of Her Majesty’s Australian Colonies,” it was among other things enacted that, notwithstanding anything thereinbefore contained, it should be lawful for the Governor and Legislative Council of Western Australia, from time to time, by any Act or Acts, to alter the provisions or laws for the time being in force under the said Act or otherwise concerning the election of the elective members of such Legislative Council, and the qualification of electors and elective members, or to establish in the said Colony, instead of the Legislative Council, a Council and a House of Representatives, or other separate Legislative Houses, to consist of such members to be appointed or elected by such persons and in such manner as by such Act or Acts should be determined, and to vest in such Council and House of Representatives, or other separate Legislative Houses, the powers and functions of the Legislative Council for which the same might be substituted; and whereas it is expedient that the powers vested by the said Act in the said Governor and Legislative Council should now be exercised, and that a Legislative Council and  a Legislative Assembly should be substituted for the present Legislative Council, with the powers and functions hereinafter contained: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: -

Division of Act into Parts

1. This Act is divided into seven Parts, namely:
PART I. – PARLIAMENTARY.
PART II. – ELECTORAL.
PART III. EXECUTIVE COUNCIL.
PART IIIA. – THE GOVERNOR .
PART IIIB. – LOCAL GOVERNMENT .
PART IV. JUDICIAL.
PART V. – LEGAL.
PART VI. – FINANCIAL.
PART VII. – MISCELLANEOUS

First calling together of Legislature

5. The Legislative Council and Legislative Assembly shall be called together for the first time at some period not later than 6 months after the commencement of this Act.

Appointment of members of Council

6. Before the first meeting of the Legislative Council and Legislative Assembly the Governor in Council may, in Her Majesty’s name, by instruments under the Public Seal of the Colony, summon to the Legislative Council such persons, to the number of 15, as he shall think fit, and thereafter may from time to time, as vacancies occur, in like manner summon to the Legislative Council such other persons as he shall think fit, and every person so summoned shall thereby become a member of the Legislative Council.

Tenure of seats in Council

7. Every member of the Legislative Council shall, subject to the provisions of this Act, hold his seat therein until Part III shall come into operation.

Resignation of Councillors

8. Any member of the Legislative Council may resign his seat therein by a letter to the Governor, and upon receipt of such letter by the Governor the seat of such member shall become vacant.

Appointment of President; who may take part in debate

9. The Governor may from time to time, by an instrument under the Public Seal of the Colony, appoint one member of the Legislative Council to be President, and may remove him and appoint another in his stead; and the President may at any time take part in any debate or discussion in the said Council.

Convoking of Assembly

12. For the purpose of constituting the Legislative Assembly, the Governor, before the time appointed for the first meeting of the Legislative Council and Legislative Assembly, and thereafter from time to time, as occasion shall require, may in Her Majesty’s name issue writes under the Public Seal of the Colony for the general election of members to serve in the Legislative Assembly.

Electoral laws

38. Except as otherwise provided in this Act, the existing laws relating to the qualification of electors, the mode of election, and all other matters concerning elections, shall be in force, and apply to the election of members to serve in the Legislative Assembly, in the same manner as they are now in force in respect of election to the existing Legislative Council.

The electoral laws existing at the date of the coming into operation of Part III shall, except as otherwise provided in this Act, be in force and apply to the election of members to serve in the Legislative Council for electoral divisions, in the same manner as such laws shall then be in force in respect of election to the Legislative Assembly for electoral districts.

Electoral lists

41. The names of electors under this Act shall be inserted in the electoral lists of the electoral districts, and (when Part III shall come into operation) in the electoral lists of the electoral divisions, in which they shall be respectively qualified; and all such lists shall specify the Christian and surnames of all such electors, the nature of the qualification, and the place where they respectively reside; and all such lists shall be signed, delivered, printed, and hung up for public inspection by the persons and in the way prescribed in the Electoral Acts for the time being in force, and shall be subject to such claims and notice from any person whose name shall have been omitted therein, and to such objections and notice as to the names of any persons inserted therein, and to such modes of altering, amending, or continuing any such lists as are, or shall be, in these said several respects provided for in the said Electoral Acts, as nearly as may be consistently with the rights of such new electors.

Provided that it shall be lawful, in order to the convenient holding of the first general election under this Act to the Legislative Assembly, and of the general election, mentioned in Part III, to the Legislative Council, for the Governor in Council to make such arrangements, appoint such persons, and fix such dates and periods, as may to him seem under the circumstances to be required for the doing of any matter or thing necessary to be done under any Electoral Act, notifying the same in the Government Gazette. Any Electoral Act affected by such notice shall be deemed to be varied accordingly, for the purposes of the said elections.

Operation

42. When 6 years shall have elapsed from the date of the first summoning, under section 6, of persons to the Legislative Council, or when the Registrar General of the Colony shall have certified, by writing under his hand to be published in the Government Gazette, that the population of the Colony has, to the best of his knowledge and belief, exclusive of aboriginal natives, attained to 60 000 souls, whichever event shall first happen, this Part shall come into operation, provided that the Governor in Council shall have power, by proclamation in the Government Gazette, to further postpone the operation of this Part for any period not exceeding 6 months.

Certain sections to lapse

43. On the coming into operation of this Part, the first paragraph of section 6, and sections 8, 9, and 30 shall, saving validity of things done, cease to have any operation.

Convoking of elected Council

46. For the purpose of constituting the Legislative Council, the Governor, before the time appointed for the first meeting of the Legislative Council and the Legislative Assembly, after this Part shall be in operation, may, in Her Majesty’s name, issue writs under the Public Seal of the Colony for a general election of members to serve in the Legislative Council.

Election of President

49. The members of the Legislative Council shall, upon their first assembly after the general election, proceed forthwith to elect one of their number to be President; and in case of his death, resignation, or removal by a vote of the Council, the members shall again elect one of their number to be President. The President so elected shall preside at all meetings of the said Council.

Custom duties may be imposed not differential

59. It shall be lawful for the Legislature of the Colony, subject to the provisions of this Act, to impose and levy such duties of Customs as to it may seem fit, on the importation into the Colony of any goods whatsoever, whether the produce of or exported from the United Kingdom or any of the Colonies or Dependencies of the United Kingdom or any Foreign Country. Provided always, that, except as authorised by the Imperial Act known as the Australian Colonies Duties Act 1873, no new duty shall be imposed upon the importation into the Colony of any article the produce or manufacture of or imported from any particular country or place which shall not be equally imposed on the importation into the Colony of the like article the produce or manufacture of or exported from all other countries and places whatsoever.

Duties not to be levied on supplies for Governor or troops nor any duties inconsistent with treaties

60. It shall not be lawful for the Legislature of the Colony to levy any duty upon articles imported bona fide for the supply of the Governor or of Her Majesty’s Land or Sea Forces, nor to levy any duty, impose any prohibition or restriction, or grant any exemption or drawback or other privilege upon the importation or exportation of any articles, nor to enforce any dues or charges upon shipping contrary to or at variance with any treaty concluded by Her Majesty with any foreign Power.

Separation of the Colony

61. Nothing in this Act contained shall prevent Her Majesty from dividing the Colony of Western Australia as she may from time to time think fit, by separating therefrom any portion thereof, and either erecting the same of any part thereof into a separate Colony or Colonies under such form of Government as she may think fit, or from subdividing any Colony so created, or from re-uniting to the Colony of Western Australia any part of any Colony so created.

After separation, Act to apply to remaining part of Colony

62. In the event of any such separation or other proceeding as in the last preceding section mentioned, the provisions of this Act shall apply, so far as practicable, to the Colony of Western Australia as for the time being existing.

Liability of separated portion of Colony for public debt

63. Whenever any portion of the Colony is about to be separated therefrom the Lords Commissioners of Her Majesty’s Treasury may if requested by the Governor in Council, on report and accounts furnished by him, declare what portion of the public debt of the Colony has been expended within the territory about to be separated, and the interest and sinking fund, if any, upon the portion of the public debt mentioned in any such declaration shall be a reserved charge payable to the Government of Western Australia by the Government of the separated territory, and due provision for such reserved charge shall be made in any Act regulating the constitution of the separated territory.  Provided always, that nothing herein contained, and no declaration or provision as aforesaid, shall in any way prejudice or affect the security of any debentures which may have been issued by the Government of Western Australia before the separation of any such territory.

Compensation to officers

71. And whereas by the operation of this Act certain officers of the Government may lose their offices on political grounds, and it is just to compensate such officers for such loss, be it enacted that the sums set opposite to the names of the persons in Schedule D, who at present respectively hold the offices therein mentioned, shall be payable to them annually by way of retiring allowance upon their ceasing to hold office on political grounds after the commencement of this Act; and all such sums shall be paid to such persons out of the Consolidated Fund, and the Treasurer shall make such payments accordingly, on warrants under the hand of the Governor. Provided that if after any such annual allowance shall have become payable, the person entitled thereto shall accept any appointment under the Crown in any part of Her Majesty’s Dominions, then such allowance shall, during the tenure of such appointment, be suspended or be reduced pro tanto according as the salary of such appointment added to such allowance is greater than the salary of the office vacated in consequence of this Act.

[Legislature as constituted by this Act empowered to alter any of its provisions

73. (1) ………………………………………………………………………………..]

Provided also, that every Bill which shall be so passed for the election of a Legislative Council at any date earlier than by Part III provided, and every Bill which shall interfere with the operation of sections 69, 70, 71, or 72, or of Schedules B, C, or D, or of this section, shall be reserved by the Governor for the signification of Her Majesty’s pleasure thereon.

 [Interpretation

75. For the purposes of this Act –

………………………………………………………………………………..]

“Treasurer” means the Treasurer of the Colony for the time being.
“Aborigines Protection Board” means the Board established under the Aborigines Protection Act 1886, or any Board with similar functions established in its place under any Act adding to, amending, or substituted for the said Act.
“Person” includes a corporation or association of persons.

Operation of Act

76. The foregoing provisions of this Act shall have no force or effect until so much and such parts of the following Acts of the Parliament of the United Kingdom, that is to say: - 13th and 14th Victoria, chapter 59, intituled An Act for the better Government of Her Majesty’s Australian Colonies; 5th and 6th Victoria, chapter 76, intituled An Act for the better Government of New South Wales and Van Dieman’s Land; 7th and 8th Victoria, chapter 74, intituled An Act to explain and amend the Act for the Government of New South Wales and Van Dieman’s Land; as severally relate to the Colony of Western Australia, and are repugnant to this Act, shall have been repealed.

Act to be proclaimed

77. This Act shall be proclaimed in Western Australia, by the Governor, within 3 months after he shall have received official information of the Royal Assent thereto, and shall commence and, except as provided in Section 42, take effect from the date of such Proclamation.

Short title

78. This Act may be cited for all purposes as the Constitution Act 1889.

SCHEDULE D [Section 71]
                                                                                                                                                 £ s. d.
Sir Malcolm Fraser, K.C.M.G., Colonial Secretary                                                      700 0 0
Charles Nicholas Warton, Esq., Attorney General                                                     333 6 8
Anthony O’Grady Lefroy, C.M.G., Colonial Treasurer                                                 550 0 0
John Forrest, C.M.G., Surveyor General and Commissioner of Crown Lands    500 0 0
                                                                                                                                        £2,083 6 8

2. Constitution Acts Amendment Act 1899

AN ACT to amend the Constitution Act 1889, and to amend and consolidate the Acts amending the same.

Short title

1. This Act may be cited as the Constitution Acts Amendment Act 1899.

Repeal

2. The enactments mentioned in the First Schedule are thereby repealed to the extent therein stated.

[Interpretation

3. For the purposes of this Act –

………………………………………………………………………………………]

 “Person” means an individual of either sex.

Division of Act into Parts

4. This Act is divided into three Parts, namely: -
PART I. – LEGISLATURE
PART II. – EXECUTIVE
PART III. – MISCELLANEOUS

Provisions as to existing members and seats

8A. (1) In this section –

“electoral province” means one of the electoral provinces described in the Order in Council published under the Electoral Distribution Act 1947 in the Gazette on 20 January 1982;

 “Electoral Reform Act” means the Acts Amendment (Electoral Reform) Act 1987;

 “member” means a member of the Legislative Council.

(2) Notwithstanding section 5 or 6 the members immediately before the commencement of the Electoral Reform Act shall, until the close of 21 May 1989, continue to be members and to represent the electoral provinces by which they were returned.

(3) Notwithstanding section 5 or 6  where there is a vacancy in the seat of a member immediately before the commencement of the Electoral Reform Act or a vacancy occurs in the seat of a member after commencement and before 1 January 1989 –

(a) the Electoral Act 1907 and the regulations thereunder shall have effect in relation to that vacancy as if the Electoral Reform Act had not been enacted; and

(b) the member elected to fill the vacancy shall, until the close of 21 May 1989, represent the electoral province by which he is returned.


(4) Notwithstanding section 8 (2) or 10 the seat of each member referred to in subsection (2) or (3) (b) shall become vacant at the close of 21 May 1989.

(5) Subsections (2), (3) (b) and (4) do not affect the operation of any enactment under which a member may cease to be a member, or the seat of a member may become vacant, otherwise than by effluxion of time.

(6) Writs for the first elections in all the electoral regions –

(a) shall be issued before 10 April 1989 but not before 22 May 1988; and

(b) shall be returnable not later than 21 May 1989.


Qualification and disqualification of electors

15. Subject to the disqualifications prescribed by section 18 of the Electoral Act 1907, the qualification of electors of members of the Legislative Council is that which is prescribed by section 17 of that Act as the qualification for electors of members of the Legislative Assembly.

[Constitution of Legislative Assembly

18. The Legislative Assembly shall consist of - ]

(a) 55 members until the dissolution of that House or the expiry thereof by effluxion of time first occurring after 31 December 1982; and

[(b)………………………………………………]

[Electoral districts

19. The State shall be divided into - ]

(a) 55 electoral districts until the dissolution of the Legislative Assembly or the expiry thereof by effluxion of time first occurring after 31 December 1982; and

 [(b) ………………………………………………]

[Duration of Assembly

21. (1) …………………………………………..................................]

(2) Notwithstanding subsection (1) the Legislative Assembly in existence at the commencement of the Acts Amendment (Electoral Reform) Act 1986 shall, subject to section 3 of the Constitution Act 1889, cease and determine on 31 January 1989.

Commencement of action

49. No action or other proceeding to recover any forfeiture, penalty, or sum of money under this Act shall be commenced except within 3 months after the time at which the right to bring such action or to take such proceeding first arose.

Plaintiff to give security for costs

50. No action or other proceeding for the recovery of any penalty, forfeiture, or sum of money in respect of the breach or violation of any of the provisions of this Act shall be commenced unless and until the plaintiff shall pay into Court the sum of $200 as security for all such costs as may be awarded to the defendant in such action or proceeding, and such sum shall abide the order of the Court or a Judge.

Proclamation of Royal Assent and commencement of Act

52. This Act shall be proclaimed in Western Australia by the Governor so soon as he shall have received a notification by telegraph or otherwise of the Royal Assent thereto, and shall commence and take effect from the date of the publication of such Proclamation, but the constitution of the existing Legislative Assembly shall remain unaffected by this Act until the said Assembly is dissolved by effluxion of time or otherwise.

SCHEDULE I

[Section 2]

Enactments Repealed

 

 

 Session and Number

 

 Extent of Repeal

 

52 Vict., No. 23 ……

 

Sections 14, 18 to 21 inclusive, 23 to 30 inclusive, and 32, 33 and 40

54 Vict., No. 6 ……

The Whole

55 Vict., No. 32 ……

Section 30, subsections (1a) and (4); Section 31

56 Vict., No. 17 ……

The Whole

57 Vict., No. 14 ……

The Whole

58 Vict., No. 15……

The Whole

60 Vict., No. 18 ……

The Whole

 

 

 

 


SCHEDULE III
[Section 30]
The Constitution Act, 1899.

CERTIFICATE OF DEATH OF MEMBER.

We, the undersigned, being two members of the Legislative Council (or Assembly), do hereby certify that A.B., a member of the said House, serving for the __________ Province (or District), died upon the __________ day of _________, and we give you this notice to the intent that you may issue a Writ for the election of a member to supply the vacancy caused by the death of the said AB.

 Given under our hands this __________ day of __________, 1

         C.D.
         E.F.

To the President of the Legislative Council, or the Speaker of the Legislative Assembly, or His Excellency the Governor of Western Australia (as the case may require).