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Part 2 - Parliamentary - Legislative Council

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This is an unofficial consolidation

 

   Legislative Council

 

8. Constitution of Legislative Council
 
The Legislative Council shall consist of 34 elected members who shall be returned and sit for electoral regions as defined under section 9.

 

[CAAA section 5.]

9. Electoral regions and representation

(1) The State shall be divided into 6 electoral regions under Electoral Distribution Act 1947.

(2) The electoral regions known, respectively, as the North Metropolitan Region and the South West Region shall each return 7 members to serve in the Legislative Council.

(3) The electoral regions known, respectively,  as the South Metropolitan Region, the East Metropolitan Region, the Agricultural Region and the Mining and Pastoral Region shall each return 5 members to serve in the Legislative Council.

 [CAAA section 6.]

10. Qualification of members of Legislative Council

Subject as hereinafter provided, any person who has resided in Western Australia for one year shall be qualified to be elected a member of the Legislative Council, 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 7.]


11. Retirement of members periodically

(1)  In this section –

“general election” means a general election for the Legislative Council;

“member” means a member of the Legislative Council.

(2) The seat of a member elected at a general election shall become vacant at the expiration of the period of 4 years beginning on 22 May next following the day of his election as member.

(3) A member elected at a general election shall not sit or vote before 22 May next following the day of his election as member.

(4) Where an election held as part of a general election fails wholly or partially or is declared to be absolutely void –

(a) the seat of a member elected at an election held by reason of that failure or declaration shall become vacant at the expiration of the period of 4 years beginning on 22 May next following that general election; and

(b) if a member elected at an election held by reason of that failure or declaration is so elected before 22 May next following that general election, that member shall not sit or vote before that 22 May.

(5) Subsections (2) and (4) (a) 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) In order to fill seats vacated by effluxion of time writs for elections in all the electoral regions –

(a) shall be issued before 10 April last preceding the occurrence of those vacancies but not more than one year before the occurrence of those vacancies; and

(b) shall be returnable not later than 21 May next following that 10 April.

[CAAA section 8.]

12. Resignation of members

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 State, to the Governor, and upon the receipt of such resignation by the President or the Governor, as the case may be, the seat of such member shall become vacant.

[CAAA section 9.]

13. Tenure of seat by member filling vacancy

(1) A member of the Legislative Council 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 been entitled to hold it, and no longer.

(2) Subsection (1) does 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.

[CAAA section 10.]

14. Council may proceed to business although full number of vacancies not filled at general election

Upon any general election the Legislative Council shall be competent to proceed to the despatch of business, at the time appointed by the Governor for that purpose, notwithstanding that the electors shall have failed to elect the required number of members to serve in the Legislative Council.

[CA section 47.]

15. Election of President

 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:

Provided that pending such first meeting the Chairman of Committees shall fill the office and perform the duties of the President, subject, however, to section 17.

 [CAAA section 11.]

16. Absence of President provided for

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 Chairman of Committees shall fill the office and perform the duties of the President during such absence.

[CAAA sectoin12.]

17. President to hold office in certain cases until meeting of Parliament

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 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.

[CAAA section 13.]


18. Quorum – division, casting vote

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 3, 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.

[CAAA section 14.]