electoral amendment (constitutional provisions) bill … fileelectoral amendment (constitutional...

No. 66 — 1

WESTERN AUSTRALIAW44444444U

LEGISLATIVE COUNCIL

[HON JOHN COWDELL]

ELECTORAL AMENDMENT(CONSTITUTIONAL PROVISIONS)

BILL 1997

A BILL FOR

AN ACT to amend the Electoral Act 1907

The Parliament of Western Australia enacts as follows:

Electoral Amendment (Constitutional Provisions) Bill 1997

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PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Electoral Amendment Act 1997.

Commencement

2. This Act shall come into operation the first day of January51998.


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PART 2 — PRELIMINARY

Principal Act

3. In this Act, the Electoral Act 1907 is referred to as theprincipal Act.

Part V A inserted5

4. After section 173 of the principal Act the following Part isinserted —

“PART V A — PARLIAMENTARY MEMBERSHIP

REQUIREMENTS10

Interpretation

174A. In the succeeding provisions of this Part —

(a) ``disqualified for membership of theLegislature'' means disqualified formembership of the Legislative Council and15for membership of Legislative Assembly;

``member'' in relation to a commission, council,board, committee, authority, trust or otherbody means —

(i) any member of the body whether20known as a member, commissioner,councillor, trustee, director or by anyother title;

(ii) any deputy, alternate or actingmember of the body,25


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and includes a person holding the office ofchairman or president or any other office onthe body;

``member of the Legislature'' means a memberof the Legislative Council or the Legislative5Assembly;

(b) a reference to the holding of any office or place is areference to the holding of that office or place in apermanent, temporary or acting capacity on afull-time, part-time or casual basis.10

Disqualification by reason of bankruptcy orconvictions

174B. A person is disqualified for membership of theLegislature if he —

(a) be an undischarged bankrupt, or a debtor against whose15estate there is a subsisting receiving order inbankruptcy; or

(b) has been in any part of Her Majesty's dominionsattainted or convicted of treason or felony.

Disqualification of certain office-holders and members20of other Parliaments or Houses

174C. (1) Subject to this Act a person is disqualified formembership of the Legislature if he —

(a) holds any office mentioned in Part 1 of Schedule 4;or25

(b) is a member of the Parliament of theCommonwealth or the legislature of a Territory oranother State of the Commonwealth.


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(2) A member of either House of the Legislature isdisqualified for membership of the other House.

Election of unqualified or disqualified person void

174D. (1) If any person not qualified under section 36 ofthe Constitution of Western Australia to be elected as a5member of a House of the Legislature is elected as a memberof that House, his election shall be void.

(2) If any person disqualified for membership of theLegislature by section 174B or section 174C (1) is elected as amember of the Legislature, his election shall be void.10

(3) If any person disqualified for membership of oneHouse of the Legislature by section 174C (2) is elected as amember of that House, his election shall be void.

Certain offices and places must be vacated beforemember can take seat15

174E. (1) Subject to subsections (2) and (8), thissection applies to a person who —

(a) holds an office or place in the service of the Crownin right of the Commonwealth or another State ofthe Commonwealth or in the service of the20government of, or any department or agency of thegovernment of, the Commonwealth or a Territoryor another State of the Commonwealth; or

(b) holds an office as a member of any commission,council, board, committee, authority, trust or25other body, and was appointed as such a memberby the Crown in right of the Commonwealth oranother State of the Commonwealth, or by thegovernment of, or any department or agency of thegovernment of, the Commonwealth or a Territory30or another State of the Commonwealth.


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(2) Subject to subsection (4), the Governor may, by Orderin Council exempt any office or place from the operation ofthis section and whilst that office or place remains soexempted this section shall not apply to a person by reason ofhis holding that office or place.5

(3) Subject to subsection (4), the Governor may, bysubsequent Order in Council, amend an Order madeunder subsection (2) or revoke the Order eitherabsolutely or for the purpose of substituting anotherOrder.10

(4) An Order in Council shall be made under thissection if and only if the making of the Order has beenrecommended by resolution passed by both Houses of theLegislature.

(5) Subject to subsection (6), an Order in Council made15under this section shall take and have effect on and from theday on which it is published in the Gazette.

(6) Where, by reason of an Order in Council made undersubsection (3), an office or place previously exempted fromthe operation of this section will no longer be so exempted,20that Order shall take and have effect at and from theexpiration of 30 days from the day on which it is published inthe Gazette.

(7) The Clerk of the Parliaments shall keep in hiscustody a copy of every Order in Council made under this25section.

(8) This section does not apply to a person by reason ofhis being a member of the Citizen Forces or the ReserveForces within the meaning of the Defence Act 1903 of theParliament of the Commonwealth.30

(9) If any person to whom this section applies is electedas a member of the Legislative Council at a general election,


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his seat shall become vacant on 22 May next following theelection if he has not, before that date, resigned from orotherwise ceased to hold the office or place by reason of whichthis section applies to him.

(10) If any person to whom this section applies is elected5as a member of the Legislature otherwise than as referred toin subsection (9) —

(a) he shall not take the oath, or make theaffirmation, pursuant to section 37 of theConstitution of Western Australia until he has10resigned from or otherwise ceased to hold theoffice or place by reason of which thissection applies to him; and

(b) his seat shall become vacant at the expiration of21 days after the date on which he is declared to15be elected if he has not, before the expiration ofthat period, resigned from or otherwise ceased tohold the office or place by reason of which thissection applies to him.

Office or place vacated in certain cases20

174F. (1) Subject to subsection (2), this section applies toa person who —

(a) holds any office or place mentioned in Part 2 ofSchedule 4 not being an office also mentioned inPart 1 of Schedule 4; or25

(b) is a member of any commission, council, board,committee, authority, trust or other body mentioned inPart 3 of Schedule 4.

(2) This section does not apply to a person by reason of hisbeing the holder of any office or place, or a member of any body, ex30


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officio as the holder of any of the principal executive offices of theGovernment liable to be vacated on political grounds.

(3) If any person to whom this section applies is declared to beelected as a member of the Legislature, he shall, upon and byvirtue of being so declared, vacate the office or place by reason of5which this section applies to him.

Seats in Parliament vacated in certain cases

174G. Subject to any resolution passed by the Legislatureunder section 39, if any member of the Legislature, after hiselection — 10

(a) ceases to be qualified under section 36 of theConstitution of Western Australia to be elected amember of the House of which he is a member; or

(b) becomes disqualified for membership of the Legislatureby section 174B or section 174C; or15

(c) becomes a person to whom section 174E or section 174Fapplies; or

(d) takes the benefit, whether by assignment, composition,or otherwise, of any law relating to bankrupt orinsolvent debtors; or20

(e) becomes of unsound mind; or

(f) takes any oath or makes any declaration oracknowledgment of allegiance, obedience, or adherence,to any foreign Prince or Power, or does, concurs in, oradopts any act whereby he may become a subject or25citizen of any foreign State or Power, or whereby hemay become entitled to the rights, privileges, orimmunities of a subject or citizen of any foreign State orPower; or


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(g) fails to give his attendance in the House of which he is amember for one entire session thereof without thepermission of the House entered upon its journals,

his seat shall thereupon become vacant.

Provision for relief5

174H. (1) This section applies to any case where a personhas, or it is alleged that a person has, at any time (in thissection called “the material time”) become the holder of anoffice or place —

(a) specified in Part 1 or 2 of Schedule 4; or10

(b) as a member of any commission, council, board,committee, authority, trust or other body specifiedin Part 3 of Schedule 4; or

(c) referred to in section 174E (1),

and, at the material time, that person was a member of the15Legislature.

(2) If, in a case to which this section applies, it appearsto the Legislature that the person concerned has, since thematerial time, resigned from or otherwise ceased to hold theoffice or place in question, and that it is otherwise proper so20to do, the Legislature may, by resolution passed by bothHouses, direct that his becoming the holder of that office orplace at the material time shall be disregarded for thepurposes of section 174G and the resolution shall have effectaccording to its tenor.25


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(3) A resolution may be made under subsection (2), and aresolution made under that subsection shall have effect,notwithstanding that proceedings may have been commencedin the Supreme Court under section 40 of the Constitution ofWestern Australia and notwithstanding any declaration made5by the Supreme Court under that section.

(4) The provisions of sections 67 (2) and (3) and 156B (2)and (3) of the Electoral Act 1907 do not apply to or in relation1

to any vacancy occurring by operation of section 174G in acase to which this section applies.10

[39A, 39B, 39C. Repealed by No. 78 of 1984 s.12.]

Power to amend Schedule 4

. (1) Subject to subsection (2), the Governor may, byOrder in Council, amend Schedule 4.

(2) An Order in Council shall be made under this15section if and only if the making of that Order has beenrecommended by resolution passed by both Houses of theLegislature.

(3) An Order in Council made under this section shalltake and have effect — 20

(a) in the case of an Order adding an office to Part 1of Schedule 4, or adding an office or place to Part2 of Schedule 4 or adding a commission, council,board, committee, authority, trust or other body toPart 3 of Schedule 4 — at and from the expiration25of 30 days from the day on which the Order ispublished in the Gazette; or

(b) in the case of any other Order — on and from theday on which the Order is published in theGazette.30


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(4) The Clerk of the Parliaments shall keep in hiscustody a copy of every Order in Council made under thissection.

”.

Schedule 4 inserted5

5. After Schedule 3 of the principal Act the following Schedule isinserted —

“SCHEDULE 4

PART 110

Division 1

Chief Justice of Western Australia or other Judge of theSupreme Court.

Master of the Supreme Court.

Chief Judge or other Judge of the District Court.15 13

President or other Judge or magistrate of the Children'sCourt.

Chief Judge or other Judge of the Family Court of Western14

Australia.

Chairman, or Deputy Chairman, of the Workers'20Compensation Board constituted under the Workers'Compensation and Rehabilitation Act 1981.15

Liquor Licensing Court Judge appointed under the LiquorAct 1970 .16


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Chief Stipendiary Magistrate or other stipendiary magistrateappointed under the Stipendiary Magistrates Act 1957.

Industrial magistrate appointed under the IndustrialRelations Act 1979 .17

Referee of Small Claims Tribunals appointed under the Small5Claims Tribunals Act 1974.

Coroner appointed under the Coroners Act 1996.

Assessor appointed under the Criminal InjuriesCompensation Act 1982.

President of The Western Australian Industrial Relations10Commission .18

Chief Commissioner , Senior Commissioner or other18

Commissioner of The Western Australian IndustrialRelations Commission .18

Chairman or other member of the Salaries and Allowances15Tribunal established by the Salaries and AllowancesAct 1975.

Chairman of the Coal Industry Superannuation Board.

Chairperson or deputy chairperson of the Coal IndustryTribunal of Western Australia constituted under the20Coal Industry Tribunal of Western Australia Act 1992.

Public Service Arbitrator appointed under Division 2 of Part11A of the Industrial Relations Act 1979 .18

Chairman, or deputy of the Chairman, of the RailwaysClassification Board established under Division 3 of25Part 11A of the Industrial Relations Act 1979 .18


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Retirement villages referee appointed under the RetirementVillages Act 1992.

Division 2

Auditor General appointed under the FinancialAdministration and Audit Act 1985.5

Agent General appointed under the Agent General Act 1895.

Chief executive officer of an agency within the meaning of thePublic Sector Management Act 1994.

Clerk of the Legislative Assembly.

Clerk of the Legislative Council.10

Commissioner for Public Sector Standards appointed underthe Public Sector Management Act 1994.

Commissioner of Police appointed under the Police Act 1892.

Commissioner of Workplace Agreements appointed under theWorkplace Agreements Act 1993.15

Director of Public Prosecutions and Deputy Director of PublicProsecutions appointed under the Director of PublicProsecutions Act 1991.

Electoral Commissioner or Deputy Electoral Commissionerappointed under the Electoral Act 1907.20

Information Commissioner appointed under the Freedom ofInformation Act 1992.

Parliamentary Commissioner for AdministrativeInvestigations appointed under the ParliamentaryCommissioner Act 1971.25


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Senior executive officer within the meaning of the PublicSector Management Act 1994.

Solicitor-General appointed under the Solicitor-GeneralAct 1969.

A prescribed office within the meaning of the Salaries and5Allowances Act 1975.

PART 2

Division 1

Member, or deputy of a member, of the Workers'Compensation Board constituted under the Workers'10Compensation and Rehabilitation Act 1981 .15

Member, or deputy of a member, of the Coal IndustryTribunal of Western Australia constituted under theCoal Industry Tribunal of Western Australia Act 1992.

Member, or deputy of a member, of the Railways15Classification Board, established under Division 3 ofPart 11A of the Industrial Relations Act 1979 .18

Member of the Children's Court.

Division 2

The office or place of — 20

Any person employed in a department or SES organizationwithin the meaning of the Public Sector ManagementAct 1994, that is to say —

(a) any person employed in —


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(i) that department who is a public service officer; or

(ii) that SES organization who is a member of theSenior Executive Service,

within the meaning of that Act;

(b) any person appointed or employed by the Governor5under any Act administered in that department or SESorganization;

(c) any person —

(i) who is appointed or employed under anyenactment; or10

(ii) whose remuneration as such is defrayed in wholeor in part out of moneys provided by Parliament,

being a person appointed or employed by —

(iii) the Minister of the Crown administering thatdepartment or SES organization;15

(iv) the chief executive officer or chief employee,within the meaning of the Public SectorManagement Act 1994, of that department or SESorganization; or

(v) a person in that department or SES organization20in whom the power to make minor appointmentsis vested in accordance with the proviso tosection 74 of the Constitution Act 1889.

Any person appointed or employed by the holder of an officementioned in Division 2 of Part 1.25


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Any person appointed or employed by a body mentioned inPart 3 or by an instrumentality of which such a body isthe governing authority or by the Western AustralianMuseum constituted under the Museum Act 1969, theLibrary Board of Western Australia constituted under5the Library Board of Western Australia Act 1951, or theWestern Australian Alcohol and Drug Authorityestablished under the Alcohol and Drug AuthorityAct 1974.

Any person who is an employee within the meaning of the10Public Sector Management Act 1994 not referred to in apreceding item of this Division.

Any person who is a member of the Police Force appointedunder the Police Act 1892.

Any person who is a member of the teaching staff appointed15under the Education Act 1928.

Any person appointed pursuant to section 74 of theConstitution Act 1889 other than a member of theExecutive Council who holds any of the principalexecutive offices of the Government liable to be vacated20on political grounds that are referred to in section 43.

Any person who is a member of a department of the staff ofParliament referred to in, or an electorate officer withinthe meaning of, the Parliamentary and Electorate Staff(Employment) Act 1992.25

PART 3

The Aboriginal Advisory Council established under theAboriginal Affairs Planning Authority Act 1972.

The Aboriginal Housing Board Responsible to the Minister forHousing.30


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The Aboriginal Lands Trust established by the AboriginalAffairs Planning Authority Act 1972.

The Aboriginal Cultural Material Committee established bythe Aboriginal Heritage Act 1972.

Any adoption applications committee appointed under the5Adoption Act 1994.

The Advisory Committee constituted under the CharitableCollections Act 1946.

The Advisory Committee constituted under the Control ofVehicles (Off-road areas) Act 1978.10

The Advisory Committee constituted under section 216 of theHealth Act 1911 .19

The Advisory Committee appointed under section 435 of theLocal Government (Miscellaneous Provisions) Act 1960.

Any advisory committee established or continued in existence15under Part 4 of the Fish Resources ManagementAct 1994.

The Advisory Council for Disability Services establishedunder the Disability Services Act 1992.

Agricultural Practices Board of Western Australia.20

The Agriculture Protection Board of Western Australiaconstituted under the Agriculture Protection BoardAct 1950.

The Air Pollution Control Council established by the CleanAir Act 1964 .25 20

The Albany Port Authority constituted under the Albany PortAuthority Act 1926.


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The Anaesthetic Mortality Committee constituted under theHealth Act 1911.

The Animal Resources Authority established by the AnimalResources Authority Act 1981.

The Appeal Costs Board constituted under the Suitors' Fund5Act 1964.

The Apple Sales Advisory Committee constituted under theAgricultural Products Act 1929 .21

The Architects Board of Western Australia established underthe Architects Act 1921.10

The Artificial Breeding Board constituted under the ArtificialBreeding Board Act 1965 .22

The Betting Control Board established under the BettingControl Act 1954.

Any board, committee or council constituted under section 2215of the Community Services Act 1972 .23

Any board constituted under section 135 of the LandAct 1933.

Any board constituted under section 3 of the Parks andReserves Act 1895 other than the Parliamentary20Reserve Board.

The Board of directors of Gold Corporation constituted underthe Gold Corporation Act 1987.

The Board of Directors of the Grain Pool of W.A. constitutedunder the Grain Marketing Act 1975.25

The Board of Directors of the Honey Pool of WesternAustralia constituted under the Honey Pool Act 1978 .24


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The Board of Directors of the Minerals and Energy ResearchInstitute of Western Australia constituted under theMinerals and Energy Research Act 1987.

The Board of directors of the Perth International Centre forApplication of Solar Energy established under the Perth5International Centre for Application of Solar EnergyAct 1994.

The Board of directors of the Water Corporation establishedby the Water Corporation Act 1995.

The Board of Directors of the Western Australian10Development Corporation constituted under theWestern Australian Development Corporation Act 1983.

The Board of directors of the Western Australian LandAuthority constituted under the Western AustralianLand Authority Act 1992.15

The Board of Examiners established under the Mines Safetyand Inspection Act 1994.

The Board of management of the Gascoyne DevelopmentCommission established by the Regional DevelopmentCommissions Act 1993.20

The Board of management of the Goldfields-EsperanceDevelopment Commission established by the RegionalDevelopment Commissions Act 1993.

The Board of management of the Great SouthernDevelopment Commission established by the Regional25Development Commissions Act 1993.

The Board of management of the Kimberley DevelopmentCommission established by the Regional DevelopmentCommissions Act 1993.


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The Board of management of the Metropolitan WaterAuthority constituted under the Metropolitan WaterAuthority Act 1982 .25

The Board of management of the Mid West DevelopmentCommission established by the Regional Development5Commissions Act 1993.

The Board of management of the Peel DevelopmentCommission established by the Regional DevelopmentCommissions Act 1993.

The Board of management of the Pilbara Development10Commission established by the Regional DevelopmentCommissions Act 1993.

The Board of management of the South West DevelopmentCommission established by the Regional DevelopmentCommissions Act 1993.15

The Board of management of the Wheatbelt DevelopmentCommission established by the Regional DevelopmentCommissions Act 1993.

The Board of management of the Water and RiversCommission established by the Water and Rivers20Commission Act 1995.

The Board of management of the Western Australian SportsCentre Trust constituted under the Western AustralianSports Centre Trust Act 1986.

Any board of reference constituted under the Construction25Safety Act 1972 or the Machinery Safety Act 1974 .26

The Board of Secondary Education constituted under theEducation Act 1928 .27


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The Board of the Art Gallery of Western Australia constitutedunder the Art Gallery Act 1959.

The Board of valuers established by the Metropolitan RegionTown Planning Scheme Act 1959.

Any board of visitors constituted under section 11 or5section 26H of the Mental Health Act 1962.

The Builders' Registration Board of Western Australiaconstituted under the Builders' Registration Act 1939.

The Building Disputes Committee constituted under theBuilders' Registration Act 1939 including a member of a10panel established under section 28 of that Act.

The Building Societies Advisory Committee constituted underthe Building Societies Act 1976 .28

The Building and Construction Industry Training Boardestablished under the Building and Construction15Industry Training Fund and Levy Collection Act 1990.

The Bunbury Port Authority constituted under the BunburyPort Authority Act 1909.

The Bush Fires Board constituted under the Bush FiresAct 1954.20

The Caravan Parks and Camping Grounds AdvisoryCommittee established under the Caravan Parks andCamping Grounds Act 1995.

The Carnarvon Banana Industry Compensation Committeeconstituted under the Carnarvon Banana Industry25(Compensation Trust Fund) Act 1961.

The Casino Control Committee established under the CasinoControl Act 1984.


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The Censorship Advisory Committee establied under theCensorship Act 1996

The Charcoal Iron and Steel Industry Board of Managementconstituted under the Wood Distillation and CharcoalIron and Steel Industry Act 1943.5

The Chicken Meat Industry Committee continued by theChicken Meat Industry Act 1977.

The Chiropodists Registration Board constituted under theChiropodists Act 1957 .29

The Chiropractors Registration Board constituted under the10Chiropractors Act 1964.

The Citrus Sales Advisory Committee constituted under theAgricultural Products Act 1929 .30

The Coal Miners' Welfare Board of Western Australiaconstituted under the Coal Miners' Welfare Act 1947.15

Any committee established by the Minister under section 60of the Water Services Coordination Act 1995.

The Committee of the Western Australian Greyhound RacingAssociation constituted under the Western AustralianGreyhound Racing Association Act 1981.20

The Conservation and Environment Council establishedunder the Environmental Protection Act 1971 .20

The Construction Safety Advisory Board constituted underthe Construction Safety Act 1972 .28

Any consultative committee appointed under the Legal Aid25Commission Act 1976.


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The Consumer Affairs Council established under theConsumer Affairs Act 1971 .31

The Consumer Products Safety Committee established underthe Consumer Affairs Act 1971.

The Country High Schools Hostels Authority established by5the Country High Schools Hostels Authority Act 1960.

The Curriculum Council established under the CurriculumCouncil Act 1997.

The Dairy Industry Authority of Western Australiaestablished under the Dairy Industry Act 1973.10

The Dental Board of Western Australia established by theDental Act 1939.

The Dental Charges Committee established under the DentalAct 1939.

The Disability Services Commission being the body continued15by section 6 of the Disability Services Act 1993.

The Distressed Persons Relief Trust constituted by theDistressed Persons Relief Trust Act 1973 .32

Any district advisory committee established under section 23of the Soil and Land Conservation Act 1945.20

The Dried Fruits Board constituted by the Dried FruitsAct 1947.

The Eastern Goldfields Transport Board preserved andcontinued under the Eastern Goldfields TransportBoard Act 1984.25

The East Perth Redevelopment Authority established by theEast Perth Redevelopment Act 1991.


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The Electricity Corporation established by the ElectricityCorporation Act 1994.

Any environmental appeal board constituted under theEnvironmental Protection Act 1971 .33

The Environmental Protection Authority established under5the Environmental Protection Act 1971 .34

The Esperance Port Authority established by the EsperancePort Authority Act 1968.

The Finance Brokers Supervisory Board constituted underthe Finance Brokers Control Act 1975.10

The Fishing and Allied Industries Committee responsible tothe Minister for Fisheries and Wildlife .35

The Fluoridation of Public Water Supplies AdvisoryCommittee established under the Fluoridation of PublicWater Supplies Act 1966.15

The Fremantle Port Authority constituted under theFremantle Port Authority Act 1902.

The Gas Corporation established by the Gas CorporationAct 1994.

The General Fisheries Advisory committee constituted under20the Fisheries Act 190536.

The Geraldton Port Authority established by the GeraldtonPort Authority Act 1968.

The Government Employees' Housing Authority establishedby the Government Employees' Housing Act 1964.25


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The Hairdressers Registration Board of Western Australiaconstituted under the Hairdressers RegistrationAct 1946.

The Health Education Council of Western Australiaconstituted under the Health Education Council5Act 1958 .32

The Heritage Council of Western Australia established underthe Heritage of Western Australia Act 1990.

Any honorary advisory committee appointed under regulation3 of the Rights in Water and Irrigation Act Regulations101941 .37

The Horticultural Produce Commission or any growers'committee established under the Horticultural ProduceCommission Act 1988.

Agency established under section 7B of the Hospitals and15Health Services Act 1927.

Any hospital board constituted under the Hospitals andHealth Services Act 1927.

The Industrial and Commercial Employees' HousingAuthority established by the Industrial and Commercial20Employees Housing Authority Act 1973.

The Insurance Brokers Licensing Board constituted under theGeneral Insurance Brokers and Agents Act 1981 .38

The Inventions Advisory committee established by theInventions Act 1975.25

The Keep Australia Beautiful Council (W.A.) established bythe Litter Act 1979.


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The Land Purchase Board appointed under the LandAct 1933.

The Land Surveyors Licensing Board constituted under theLicensed Surveyors Act 1909.

Any land valuation tribunal established under the Land5Valuation Tribunals Act 1978.

The Land Valuers Licensing Board constituted under theLand Valuers Licensing Act 1978.

The Landcare Trust established under Part V A of the Soiland Land Conservation Act 1945.10

The Law Reform Commission of Western Australiaestablished under the Law Reform CommissionAct 1972.

The Law Reporting Advisory Board constituted by the LawReporting Act 1981.15

The Legal Aid Commission of Western Australia establishedunder the Legal Aid Commission Act 1976.

The Legal Contribution Trust established by the LegalContribution Trust Act 1967.

The Legislative Review and Advisory Committee established20under the Legislative Review and Advisory CommitteeAct 1976 .39

The Local Government Advisory Board established under theLocal Government Act 1995.

The Lotteries Commission continued under the Lotteries25Commission Act 1990.


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The Machinery Safety Advisory board constituted under theMachinery Safety Act 1974 .26

Any management authority constituted under theWaterways Conservation Act 1976.

The Maternal Mortality Committee constituted under the5Health Act 1911.

The Medical Board constituted under the Medical Act 1894.

The Metropolitan (Perth) Passenger Transport Trustconstituted under the Metropolitan (Perth) PassengerTransport Trust Act 1957.10

The Mines Occupational Health and Safety Advisory Boardestablished under the Mines Safety and InspectionAct 1994.

The Mines Survey Board established under the Mines Safetyand Inspection Act 1994.15

The Mine Workers' Relief Board constituted by the MineWorkers' Relief Act 1932 .40

The Mining and Petroleum Advisory Committee establishedunder the Mining and Petroleum Research Act 1981 .41

The Motor Vehicle Dealers Licensing Board established under20the Motor Vehicle Dealers Act 1973.

The Motor Vehicle Insurance Trust constituted by the MotorVehicle (Third Party Insurance) Act 1943 .42

The Municipal Building Surveyors Examination Committeeconstituted under the Local Government (Qualification25of Municipal Officers) Regulations 1961.


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The Multicultural and Ethnic Affairs Commission establishedby the Multicultural and Ethnic Affairs CommissionAct 1983.

The National Parks Authority of Western Australiaestablished by the National Parks Authority Act 1976 .5 43

The Noise Abatement Advisory Committee established by theNoise Abatement Act 1972 .26

The Noise and Vibration Control Council established by theNoise Abatement Act 1972 .26

The Nomenclature Advisory Committee responsible to the10Minister for Lands and Surveys .44

The Nurses Board of Western Australia established under theNurses Act 1992.

The Occupational Therapists Registration Board of WesternAustralia established under the Occupational15Therapists Registration Act 1980.

The Optometrists Registration Board established by theOptometrists Act 1940.

The Painters' Registration Board constituted under thePainters Registration Act 1961.20

The Parole Board established under the SentenceAdministration Act 1995 .45

The Pastoral Appraisement Board constituted under theLand Act 1933 .46

The Perinatal and Infant Mortality Committee constituted25under the Health Act 1911.


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The Perth Market Authority preserved and continued underthe Perth Market Act 1926.

The Perth Theatre Trust established by the Perth TheatreTrust Act 1979.

The Physiotherapists' Registration Board constituted under5the Physiotherapists Act 1950.

The Podiatrists Registration Board constituted under thePodiatrists Registration Act 1984.

The Poisons Advisory Committee constituted by the PoisonsAct 1964.10

The Port Hedland Port Authority established by the PortHedland Port Authority Act 1970.

The Potato Growing Industry Trust Fund AdvisoryCommittee constituted by the Potato Growing IndustryTrust Fund Act 1947.15

The Potato Marketing Corporation of Western Australiaconstituted by the Marketing of Potatoes Act 1946.

The Poultry Industry Trust Fund Committee constitutedunder the Poultry Industry (Trust Fund) Act 1948.

The Premium Rates Committee constituted under the20Workers' Compensation and Rehabilitation Act 1981 .15

Any prices advisory committee established under thePetroleum Products Pricing Act 1983.

The Primary Schools Appointments Board constituted underregulation 91 of the Education Act Regulations 1960 .25 47


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Any professional, trade or other advisory committeeestablished pursuant to regulation 253 of the EducationAct Regulations 1960.

The Psychologists Board of Western Australia constitutedunder the Psychologists Registration Act 1976.5

The Queen Elizabeth II Medical Centre Trust constitutedunder the Queen Elizabeth II Medical Centre Act 1966.

The Racecourse Development Trust established under theRacecourse Development Act 1976.

The Radiological Council established under the Radiation10Safety Act 1975.

The Real Estate and Business Agents Supervisory Boardconstituted under the Real Estate and Business AgentsAct 1978.

The Retail Shops Advisory Committee established under the15Retail Trading Hours Act 1987.

The Rivers and Estuaries Council established by theWaterways Conservation Act 1976.

The Rural Housing Authority established under the RuralHousing (Assistance) Act 1976.20

The Rural Adjustment and Finance Corporation of WesternAustralia preserved and continued by the RuralAdjustment and Finance Corporation Act 1993.

Any selection committee constituted under regulation 2.7 ofthe Mines Regulation Act Regulations 1976 .25 48

The Settlement Agents Supervisory Board constituted underthe Settlement Agents Act 1981.


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The Small Business Development Corporation establishedunder the Small Business Development CorporationAct 1983.

The Soil and Land Conservation Council constituted underthe Soil and Land Conservation Act 1945.5

The Solar Energy Advisory Committee established under theSolar Energy Research Act 1977 .49

The State Advisory Committee on Publications constitutedunder the Indecent Publications and Articles Act 1902.

The State Housing Commission preserved and continued by10the Housing Act 1980.

The State Supply Commission established under the StateSupply Commission Act 1991.

The State Training Board of Western Australia establishedunder the Vocational Education and Training Act 1996.15

The Stone-Fruit Sales Advisory Committee constituted underthe Agricultural Products Act 1929 .30

The Subiaco Redevelopment Authority established by theSubiaco Redevelopment Act 1994.

The Superannuation Board constituted under the20Superannuation and Family Benefits Act 1938 .50

The Supervised Release Review Board established under theYoung Offenders Act 1994.

The Taxi Industry Board established by the Taxi Act 1994.

Any technical college, school or centre advisory committee25established under regulation 256 of the Education ActRegulations 1960.


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The Totalisator Agency Board constituted under theTotalisator Agency Board Betting Act 1960.

The Town Planning Appeal Committee constituted under theTown Planning and Development Act 1928.

The Town Planning Appeal Tribunal constituted under the5Town Planning and Development Act 1928.

The Traffic Board established under the Road TrafficAct 1974.

The Training Accreditation Council established under theVocational Education and Training Act 1996.10

Any Transport Strategy Committee established under theState Transport Co-ordination Act 1981 .51

The Trustees of the Karrakatta Cemetery appointed underthe Cemeteries Act 1897 .52

The Trustees of the Technical Education Division Self15Supporting Activities appointed under regulation 240 ofthe Education Act Regulations 1960.

The Urban Lands Council responsible to the Minister for53

Housing.

The Veterinary Preparations and Animal Feeding Stuffs20Advisory Committee established under the VeterinaryPreparations and Animal Feeding Stuffs Act 1976.

The Veterinary Surgeons' Board constituted under theVeterinary Surgeons Act 1960.

Any water board constituted under the Water Boards25Act 1904 other than a water board constituted by theappointment of a local government to be the water


cl. 5

33

board or a water board of which all of the members areelected.

The Western Australia Marine Manning Committeeestablished by the Western Australian Marine Act 1982.

The Western Australian Arts Council established by the5Western Australian Arts Council Act 1973 .54

The Western Australian Coastal Shipping Commissionestablished by the Western Australian Coastal ShippingCommission Act 1965.

The Western Australian Egg Marketing Board constituted10under the Marketing of Eggs Act 1945.

The Western Australian Financial Institutions Authorityestablished by the Western Australian FinancialInstitutions Authority Act 1992.

The Western Australian Fire Brigades Board constituted15under the Fire Brigades Act 1942.

The Western Australian Government Railways Commissionconstituted under the Government Railways Act 1904.

The Western Australian Health Promotion Foundationestablished by the Tobacco Control Act 1990.20

The Western Australian Herbarium Committee responsible55

to the Minister for Agriculture.

The Western Australian Heritage Committee responsible to56

the Minister for the Environment.

The Western Australian Lamb Marketing Board established25under the Marketing of Lamb Act 1971 .57


cl. 5

34

The Western Australian Local Government GrantsCommission established under the Local GovernmentGrants Act 1978.

The Western Australian Meat Industry Authority establishedunder the Western Australian Meat Industry Authority5Act 1976.

The Western Australian Overseas Projects Authorityestablished by the Western Australian Overseas ProjectsAuthority Act 1978 .58

The Western Australian Planning Commission established10under the Western Australian Planning CommissionAct 1985.

The Western Australian Post Secondary-EducationCommission established by the Western AustralianPost-Secondary Education Commission Act 1970 .15 59

The Western Australian Reproductive Technology Councilestablished under the Human Reproductive TechnologyAct 1990 .60

The Western Australian Technology and Industry AdvisoryCouncil established under the Technology and Industry20Development Act 1983.

The Western Australian Tourism Commission establishedunder the Western Australian Tourism CommissionAct 1983.

The Western Australian Tripartite Labour Consultative25Council established under the Western AustralianTripartite Labour Consultative Council Act 1983 .61

The Western Australian Wheat Board constituted under theWheat Marketing Act 1979 .62


cl. 5

35

The Western Australian Wheat Marketing Board constitutedby the Wheat Marketing Act 1947 .63

The Western Australian Wildlife Authority constituted underthe Wildlife Conservation Act 1950 .64

Any wheat products prices committee constituted under the5Wheat Products (Prices Fixation) Act 1938.

The Youth, Sport and Recreation Advisory Committeeestablished under the Youth, Sport and RecreationAct 1978 .65

The Zoological Gardens Board established under the10Zoological Gardens Act 1972.

36

NOTES

Title as changed by section 7 (a) of the District Court of Western Australia13

Amendment Act 1984 substituted under section 7 (3) (h) of theReprints Act 1984.

Title as changed by section 6 of the Family Court Amendment Act 19875 14

substituted under section 7 (3) (h) of the Reprints Act 1984.

Short title as changed by section 5 of the Workers' Compensation and15

Assistance Amendment Act 1990 substituted under section 7 (3) (h) of theReprints Act 1984.

Now see the Liquor Licensing Act 1988.10 16

Short title as changed by section 4 of the Acts Amendment and Repeal17

(Industrial Relations) Act (No. 2) 1984 substituted under section 7 (3) (h) ofthe Reprints Act 1984.

Reference altered under section 85 (3) of the Acts Amendment and Repeal18

(Industrial Relations) Act (No. 2) 1984.15

Relevant provisions repealed by the Health Amendment Act 1985.19

Repealed by the Acts Amendment and Repeal (Environmental Protection)20

Act 1986.

Relevant provisions repealed by the Agricultural Products Amendment21

Act 1985.20

Repealed by the Herd Improvement Service Act 1984.22

Short title as changed by section 5 of the Acts Amendment (Department of23

Community Services) Act 1984 substituted under section 7 (3) (h) of theReprints Act 1984.

Repealed by the Honey Pool Repeal Act 1991.25 24

Relevant provisions repealed by the Acts Amendment and Repeal25

(Water Authorities) Act 1985.

Electoral Amendment (Constitutional Provisions) Bill 1997Electoral Amendment (Constitutional Provisions) Bill 1997

37

Repealed by the Acts Amendment (Occupational Health, Safety and Welfare)26

Act 1987.

Now refers to the Secondary Education Authority established under the27

Secondary Education Authority Act 1984 — see section 37 (4) of that Act.

Relevant provisions repealed by the Acts Amendment (Building Societies5 28

and Credit Unions) Act 1987.

Repealed by the Podiatrists Registration Act 1984.29

Relevant provisions repealed by the Agricultural Products Amendment30

Act 1985.

Relevant provisions repealed by the Consumer Affairs Amendment10 31

Act 1981.

Repealed by the Acts Amendment and Repeal (Statutory Bodies) Act 1985.32

Now refers to an appeals committee appointed under section 45 (3) or 10633

of the Environmental Protection Act 1986 — see Schedule 3, clause 20 ofthat Act.15

Now see the Environmental Protection Act 1986.34

Committee not in existence at the date of this reprint.35

(Reference deleted by Act No. 53 of 1994 s.264)36

Regulation 3 repealed in Gazette 5 July 1985 p.2404.37

Repealed by the General Insurance Brokers and Agents Act Repeal Act 1986.20 38


38

Repealed by the Legislative Review and Advisory Committee Repeal39

Act 1987.

The Mine Workers' Relief Board was dissolved. See Schedule 2, paragraph40

3 of the Mine Workers' Relief Act 1932.

Repealed by the Minerals and Energy Research Act 1987.5 41

Now refers to the State Government Insurance Commission established by42

the State Government Insurance Commission Act 1986 — see clause 8 ofSchedule 4 of that Act.

Repealed by the Conservation and Land Management Act 1984.43

Now titled the Geographic Names Committee and responsible to the10 44

Minister for Lands.

Short title (as changed by section 16 of the Community Corrections45

Legislation Amendment Act 1990) substituted under 7 (3) (h) of theReprints Act 1984.

The Pastoral Appraisement Board was superseded by the Pastoral15 46

Board — see section 98 of the Land Act 1933.

Regulation 91 repealed in Gazette 24 April 1986 p.1491.47

Regulation 2.7 repealed in Gazette 15 March 1991 p.1167.48

Relevant provisions repealed by the Solar Energy Research Amendment49

Act 1987.20

Now refers to the Government Employees Superannuation Board50

established by the Government Employees Superannuation Act 1987 — seeclause 7 (1) of the 7th Schedule to the Superannuation and Family BenefitsAct 1938.


39

Repealed by the Acts Amendment and Repeal (Transport Co-ordination)51

Act 1985.

Repealed by the Cemeteries Act 1986. The former body corporate continued52

under the name ``Karrakatta Cemetery Board'' — see Schedule 2,clause 4 of that Act.5

This Council not in existence at the date of this reprint.53

Repealed by the Western Australian Arts Council Repeal Act 1986.54

This Committee not in existence at the date of this reprint.55

This Committee not in existence at the date of this reprint.56

Now refers to the Western Australian Meat Marketing Corporation10 57

established under the Marketing of Meat Act 1971 — see sections 5 and 41of the Acts Amendment (Meat Industry) Act 1985.

Now refers to the Western Australian Exim Corporation established by the58

Western Australian Exim Corporation Act 1986 — see section 40 of that Act.

Repealed by the Acts Amendment and Repeal (Post Secondary Education)15 59

Act 1989.

The correct short title of the Act referred to is the Human Reproductive60

Technology Act 1991.

This Act is not in force at the date of this reprint, having expired by61

operation of section 12.20

This Act was repealed by the Wheat Marketing Act 1984.62

This Act expired on 31 October 1984.63


40

Relevant provisions repealed by the Acts Amendment (Conservation and64

Land Management) Act 1984.

Repealed by the Youth, Sport and Recreation Repeal Act 1984.65

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