Sign In

Part 2 - Parliamentary - General

Text Size a a a Print Print this page

This is an unofficial consolidation

General

3. Legislature to be constituted in Western Australia

(1) There shall be, in place of the Legislative Council now subsisting, a Legislative Council and a Legislative Assembly: and it shall be lawful for Her Majesty, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, order, and good Government of the State of Western Australia and its Dependencies: and such Council and Assembly shall, subject to the provisions of this Act, have all the powers and functions of the now subsisting Legislative Council.

(2) The Parliament of Western Australia consists of the Queen and the Legislative Council and the Legislative Assembly.

(3) Every Bill, after its passage through the Legislative Council and the Legislative Assembly, shall, subject to section 7, be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.

 [CA section2.]

4. Governor may fix place and time of sessions, prorogue Houses and dissolve Assembly

It shall be lawful for the Governor to fix the place and time for holding the first and every other session of the Legislative Council and Legislative Assembly, and from time to time to vary the same as he may judge advisable, giving sufficient notice thereof: and also to prorogue the Legislative Council and Legislative Assembly from time to time, and to dissolve the Legislative Assembly by Proclamation or otherwise whenever he shall think fit.

[CA section 3.]
 
5. A session every year

There shall be a session of the Legislative Council and Legislative Assembly once at least in every year, so that a period of 12 months shall not intervene between the last sitting of the said Council and Assembly in one session and the first sitting of the said Council and Assembly in the next session

[CA section 4.]

 6. Powers of the 2 Houses in respect of legislation

(1) Bills appropriating revenue or moneys, or imposing taxation, shall not originate in the Legislative Council; but a Bill shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand of payment or appropriation of fees for licences, or fees for registration or other services under the Bill.

(2) The Legislative Council may not amend Loan Bills, or Bills imposing taxation, or Bills appropriating revenue or moneys for the ordinary annual services of the Government.

(3) The Legislative Council may not amend any Bill so as to increase any proposed charge or burden on the people.

(4) The Legislative Council may at any stage return to the Legislative Assembly any Bill which the Legislative Council may not amend, requesting by message the omission or amendment of any item or provision therein: provided that any such request does not increase any proposed charge or burden on the people. The Legislative Assembly may, if it thinks fit, make such omissions or amendments, with or without modifications.

(5) Except as provided in this section, the Legislative Council shall have equal power with the Legislative Assembly in respect of all Bills.

(6) A Bill which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.

(7) Bills imposing taxation shall deal only with the imposition of taxation.

(8) A vote, resolution, or Bill for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor to the Legislative Assembly.

(9) Any failure to observe any provision of this section shall not be taken to affect the validity of any Act whether enacted before or after the coming into operation of the Constitution Acts Amendment Act 1977*

[*31 October 1977.]

 [CAAA section 46.]


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

(1) Subject to the succeeding provisions of this section, the Legislature of the State shall have full power and authority, from time to time, by any Act, to repeal or alter any of the provisions of this Act. Provided always, that it shall not be lawful to present to the Governor for Her Majesty’s assent any Bill by which any change in the Constitution of the Legislative Council or of the Legislative Assembly shall be effected, unless the second and third readings of such Bill shall have been passed with the concurrence of an absolute majority of the whole number of the members for the time being of the Legislative Council and the Legislative Assembly respectively.

(2) A Bill that –

(a) expressly or impliedly provides for the abolition of or alteration in the office of Governor; or
(b) expressly or impliedly provides for the abolition of the Legislative Council or of the Legislative Assembly; or
(c) expressly or impliedly provides that the Legislative Council or the Legislative Assembly shall be composed of members other than members chosen directly by the people; or
(d) expressly or impliedly provides for a reduction in the numbers of the members of the Legislative Council or of the Legislative Assembly; or
(e) expressly or impliedly in any way affects any of the following sections of this Act, namely –
sections 3, 4, 5, 7, 49 and 50,

 shall not be presented for assent by or in the name of the Queen unless –

(f) the second and third readings of the Bill shall have been passed with the concurrence of an absolute majority of the whole number for the time being of the Legislative Council and the Legislative; and
(g) the Bill has also prior to such presentation been approved by the electors in accordance with this section,

and a Bill assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.

(3) On a day fixed by the Governor by Order in Council, being a day not sooner than 2 months, and not later than 6 months, after the passage through the Legislative Council and the Legislative Assembly of a Bill of a kind referred to in subsection (2), the question for the approval or otherwise of the Bill shall be submitted to the electors qualified to vote for the election of members of the Legislative Assembly according to the provisions of the Electoral Act 1907.

(4) When the Bill is submitted to the electors the vote shall be taken in such a manner as is fixed by law.

(5) If a majority of the electors voting approve the Bill, it shall be presented to the Governor for assent by or in the name of the Queen.

(6) Any person entitled to vote at a general election of members of the Legislative Assembly is entitled to bring proceedings in the Supreme Court for a declaration, injunction or other remedy to enforce the provisions of this section either before or after a Bill of a kind referred to in subsection (2) is presented for assent by or in the name of the Queen.

 [CA Section 73.]