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Part 2- Parliamentary - Legislative Assembly

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This is an unofficial consolidation

Legislative Assembly


19. Constitution of Legislative Assembly

The Legislative Assembly shall consist of 59 members.

[CAAA section 18 (b).]

20. Electoral districts

The State shall be divided into 59 electoral districts, under the provisions of the Electoral Distribution Act 1947, each returning one member to serve in the Legislative Assembly.

[CAAA section 19 (b).]

21. Qualification of members of Legislative Assembly

Subject as hereinafter provided any person who has resided in Western Australia for 12 months shall be qualified to be elected a member of the Legislative Assembly, if such person is of the full age of 18 years and not subject to any legal incapacity, and who is either an elector entitled to vote at an election of a member of the Legislative Assembly or is qualified to become such an elector.

[CAAA section 20.]

22. Duration of Assembly

Every Legislative Assembly shall exist and continue for 4 years from the day of the first meeting thereof and no longer; subject, nevertheless, to being sooner prorogued or dissolved by the Governor.

 Provided that, subject as aforesaid –

(a) whenever any Legislative Assembly would expire by the effluxion of time between the last day of August of any year and the first day of February next thereafter, such Legislative Assembly shall continue up to and including the day next preceding such first day of February and no longer; and

(b) whenever the Legislative Assembly would expire by effluxion of time between the last day of January and the first day of September of any year, such Legislative Assembly shall cease and determine on the last day of January of that year.

[CAAA section 21 (1).]

23. Assembly may proceed to business although full number of writs shall not have been returned

Upon any general election the Legislative Assembly shall be competent to proceed to the despatch of business, at the time appointed by the Governor for that purpose, notwithstanding that any of the writs of election not exceeding 5 shall not have been returned, or that in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.

[CA section 13.]

24. Election of Speaker

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

[CA section 15.]

25. Absence of Speaker provided for

In case of the absence of the Speaker upon leave of absence granted to him by the Legislative Assembly, or by reason of illness, or other unavoidable cause, the Chairman of Committees shall perform the duties and exercise the authority of Speaker in relation to all proceedings of the House as Deputy Speaker; and, in the absence of the Chairman of Committees, the Assembly shall thereupon elect some other member to fill the office and perform the duties of the Speaker during such absence.

[CAAA section 22.]

26. Speaker to hold office till meeting of new Parliament unless not re-elected

In case of any dissolution of Parliament the Speaker of the Legislative Assembly at the time of such dissolution shall continue in office and shall be deemed to be the Speaker of the said Assembly until the first meeting of the new Parliament, unless he shall not be re-elected a member of the said Assembly; but nothing in this section shall enable a Speaker hereby continued in office to preside at any meeting of the said Assembly.

[CAAA section 23.]

27. Quorum – division, casting vote

The presence of at least one-third of the members of the Legislative Assembly, exclusive of the Speaker, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Assembly shall be decided by a majority of votes of the members present, other than the Speaker, and when the votes shall be equal the Speaker shall have the casting vote: Provided always, that if the whole number of members constituting the Legislative Assembly shall not be exactly divisible by 3, the quorum of the Legislative Assembly shall consist of such whole number as is next greater than one-third of the members of the Legislative Assembly.

[CAAA section 24.]

28. Resignation of members

Any member of the Legislative Assembly may resign his seat therein, by writing under his hand, addressed to the Speaker, or if there be no Speaker, or if the Speaker is absent from the State, to the Governor, and upon the receipt of such resignation by the Speaker or the Governor, as the case may be, the seat of such member shall become vacant.

[CAAA section 25.]