{"id":"constitution-act-1889","name":"Constitution Act 1889","slug":"constitution-act-1889","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30259,"registerId":"wa-constitution-act-1889-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Constitution Act 1889","content":"![Crest]()Western Australia\n\nConstitution Act 1889\n\nWestern Australia\n\nConstitution Act 1889\n\nContents\n\nPart IA — Preliminary\n\n1. Short title 3\n\nPart I — Parliamentary\n\n2. Legislature to be constituted in Western Australia 4\n\n3. Governor may fix place and time of sessions, prorogue Houses and dissolve Assembly 4\n\n4. A session every year 4\n\n5. First calling together of Legislature 5\n\n6. Appointment of members of Council  5\n\n7. Tenure of seats in Council 5\n\n8. Resignation of members of Council  5\n\n9. Appointment of President; who may take part in debate  5\n\n12. Convoking of Assembly  6\n\n13. Assembly may proceed to business although full number of members not elected at general election 6\n\n15. Election of Speaker 6\n\n22. Oath or affirmation of allegiance 7\n\n34. Standing Rules and Orders 7\n\n35. Salaries of President, Speaker, and officers 7\n\n36. Privileges of both Houses 8\n\nPart II — Electoral\n\n38. Electoral laws  9\n\n41. Electoral lists  9\n\nPart III — Elective Council\n\n43. Certain sections to lapse 11\n\n46. Convoking of elected Council 11\n\n47. Council may proceed to business although full number of vacancies not filled at general election 11\n\n49. Election of President  12\n\nPart IIIA — The Governor\n\n50. Office of Governor 13\n\n51. Instructions to Governor 13\n\nPart IIIB — Local government\n\n52. Elected local governing bodies 14\n\n53. Certain laws not affected 14\n\nPart IV — Judicial\n\n54. Judges continued in the enjoyment of their offices during good behaviour  15\n\n55. But they may be removed by the Crown on the address of both Houses 15\n\nPart V — Legal\n\n57. Existing law saved 16\n\n58. Courts of justice, commissions, officers, etc. 16\n\n59. Custom duties may be imposed not differential 16\n\n60. Duties not to be levied on supplies for Governor or troops nor any duties inconsistent with treaties 17\n\n61. Separation of the Colony 17\n\n62. After separation, Act to apply to remaining part of Colony 17\n\nPart VI — Financial\n\n63. Liability of separated portion of Colony for public debt 18\n\n64. All duties and revenues to form Consolidated Account 18\n\n65. Consolidated Account permanently charged with expenses of collection 19\n\n68. No part of public revenue to be issued except on warrants from Governor 19\n\n72. Consolidated Account to be appropriated by Act of the Legislature: certain charges not affected 19\n\nPart VII — Miscellaneous\n\n73. Legislature as constituted by this Act empowered to alter any of its provisions 21\n\n74. Appointment to offices under the Government of the Colony to be vested in the Governor 23\n\n74A. Demise of the Crown 23\n\n75. Interpretation 23\n\n76. Operation of Act 24\n\n77. Act to be proclaimed 24\n\nSchedule E — Oath and affirmation of office\n\nNotes\n\nCompilation table 26\n\nOther notes 29\n\nDefined terms\n\n  \n\nWestern Australia\n\nConstitution Act 1889\n\nAn Act to confer a Constitution on Western Australia, and to grant a Civil list to Her Majesty.\n\nPreamble\n\nWhereas 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 2, 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;\n\nAnd whereas the Legislature of the Colony, as previously constituted, was replaced through this Act with a Parliament, to consist of the Queen, the Legislative Council and the Legislative Assembly with the members of both Houses chosen by the people, and, as constituted, continued as the Parliament of the Colony until Western Australia’s accession as an Original State of the Commonwealth of Australia in 1901 and thereafter has been the Parliament of the State;\n\nAnd whereas the Parliament resolves to acknowledge the Aboriginal people as the First People of Western Australia and traditional custodians of the land, the said Parliament seeks to effect a reconciliation with the Aboriginal people of Western Australia:\n\n[Preamble amended: No. 22 of 2015 s. 4.]\n\nBe 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: —\n\n## Part IA — Preliminary\n\n[Heading inserted: No. 47 of 2011 s. 20(2).]\n\n##### 1. Short title\n\nThis is the *Constitution Act 1889*1.\n\n[Section 1 inserted: No. 47 of 2011 s. 20(2).]\n\n## Part I — Parliamentary\n\n##### 2. Legislature to be constituted in Western Australia\n\n(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 Colony 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.\n\n(2) The Parliament of Western Australia consists of the Queen and the Legislative Council and the Legislative Assembly.\n\n(3) Every Bill, after its passage through the Legislative Council and the Legislative Assembly, shall, subject to section 73, 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.\n\n[Section 2 amended: No. 59 of 1978 s. 4.]\n\n##### 3. Governor may fix place and time of sessions, prorogue Houses and dissolve Assembly\n\nIt 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.\n\n##### 4. A session every year\n\nThere 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.\n\n##### 5. First calling together of Legislature\n\nThe 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.\n\n##### 6. Appointment of members of Council 3\n\nBefore 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.\n\n[Section 6 amended: No. 78 of 1984 s. 5.]\n\n##### 7. Tenure of seats in Council\n\nEvery member of the Legislative Council shall, subject to the provisions of this Act, hold his seat therein until Part III shall come into operation.\n\n##### 8. Resignation of members of Council 4\n\nAny member of the Legislative Council may resign his seat therein by a letter to the Governor, and upon the receipt of such letter by the Governor the seat of such member shall become vacant.\n\n##### 9. Appointment of President; who may take part in debate 4\n\nThe 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.\n\n[**10, 11.** Deleted: 57 Vict., No. 14 s. 2.]\n\n##### 12. Convoking of Assembly 5\n\nFor 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 writs under the Public Seal of the Colony for the general election of members to serve in the Legislative Assembly.\n\n##### 13. Assembly may proceed to business although full number of members not elected at general election\n\nUpon 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 in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.\n\n[Section 13 amended: No. 36 of 2000 s. 22.]\n\n[**14.** Deleted: 63 Vict., No. 19 s. 2.]\n\n##### 15. Election of Speaker\n\nThe 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.\n\n[**16, 17.** Deleted: No. 78 of 1984 s. 6.]\n\n[**18‑21.** Deleted: 63 Vict., No. 19 s. 2.]\n\n##### 22. Oath or affirmation of allegiance\n\nNo member of the Legislative Council or Legislative Assembly shall sit or vote therein until he has taken and subscribed before the Governor, or some person authorised by the Governor in that behalf, an oath or affirmation of office in a form set out in Schedule E.\n\n[Section 22 inserted: No. 15 of 1980 s. 2; amended: No. 24 of 2005 s. 6.]\n\n[**23‑30.** Deleted: 63 Vict., No. 19 s. 2.]\n\n[**31.** Deleted: 57 Vict., No. 14 s. 2.]\n\n[**32, 33.** Deleted: 63 Vict., No. 19 s. 2.]\n\n##### 34. Standing Rules and Orders\n\nThe Legislative Council and Legislative Assembly, in their first session, and from time to time afterwards as there shall be occasion, shall each adopt Standing Rules and Orders, joint as well as otherwise, for the regulation and orderly conduct of their proceedings and the despatch of business, and for the manner in which the said Council and Assembly shall be presided over in the absence of the President or the Speaker, and for the mode in which the said Council and Assembly shall confer, correspond, and communicate with each other, and for the passing, intituling, and numbering of Bills, and for the presentation of the same to the Governor for Her Majesty’s assent.\n\n[Section 34 amended: No. 51 of 1987 s. 3.]\n\n##### 35. Salaries of President, Speaker, and officers\n\nThe salary of the President of the Legislative Council shall be at least equal to the salary of the Speaker of the Legislative Assembly; and the salaries and allowances of the various officers of the Legislative Council shall be the same as those of the corresponding officers of the Legislative Assembly; and the chief Clerk for the time being of the Legislative Council and of the Legislative Assembly shall respectively be removable from office only in accordance with a vote of the House of which he is an officer.\n\n##### 36. Privileges of both Houses\n\nIt shall be lawful for the Legislature of the Colony, by any Act to define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and Legislative Assembly, and by the members thereof respectively.\n\n[Section 36 amended: No. 41 of 2004 s. 4.]\n\n## Part II — Electoral\n\n[**37.** Deleted: 57 Vict., No. 14 s. 2.]\n\n##### 38. Electoral laws 5\n\nExcept 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.\n\nThe 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.\n\n[**39.** Deleted: 57 Vict., No. 14 s. 2.]\n\n[**40.** Deleted: 63 Vict., No. 19 s. 2.]\n\n##### 41. Electoral lists 5\n\nThe 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.\n\nProvided 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.\n\n## Part III — Elective Council\n\n[**42.** Deleted: No. 22 of 2015 s. 5.]\n\n##### 43. Certain sections to lapse\n\nOn the coming into operation of this Part 6, the first paragraph of section 6, and sections 8, 9 and 30 shall, saving validity of things done, cease to have any operation.\n\n[**44, 45.** Deleted: 57 Vict., No. 14 s. 2.]\n\n##### 46. Convoking of elected Council\n\nFor the purpose of constituting the Legislative Council, the Governor, before the time appointed for the first meeting of the Legislative Council and 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.\n\n##### 47. Council may proceed to business although full number of vacancies not filled at general election\n\n(1) 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.\n\n(2) Subsection (1) does not apply if the general election has wholly failed or has been declared to be absolutely void.\n\n[Section 47 inserted: No. 40 of 1987 s. 4; amended: No. 20 of 2021 s. 4.]\n\n[**48.** Deleted: 57 Vict., No. 14 s. 2.]\n\n##### 49. Election of President 7\n\nThe 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.\n\n## Part IIIA — The Governor\n\n[Heading inserted: No. 59 of 1978 s. 5.]\n\n##### 50. Office of Governor\n\n(1) The Queen’s representative in Western Australia is the Governor who shall hold office during Her Majesty’s pleasure.\n\n(2) Abolition of or alteration in the office of Governor shall not be effected by an Act of the Parliament except in accordance with section 73(2).\n\n(3) In this Act and in every other Act a reference to the Governor shall be taken —\n\n(a) to be a reference to the person appointed for the time being by the Queen by Commission under Her Majesty’s Royal Sign Manual to the office of Governor of the State of Western Australia; and\n\n(b) to include any other person appointed by dormant or other Commission under the Royal Sign Manual to administer the Government of the State of Western Australia; and\n\n(c) to also include any other person exercising, by virtue of an appointment by the Governor in accordance with Letters Patent, any powers and authorities of the Governor.\n\n[Section 50 inserted: No. 59 of 1978 s. 5; amended: the Australia Act 1986 (U.K.) s. 14(2) (see WA Act No. 65 of 1985 and also the Australia Act 1986 (Cwlth.) s. 14(2)).]\n\n##### 51. Instructions to Governor\n\nIn section 50 the expression Royal Sign Manual means the signature or royal hand of the Sovereign.\n\n[Section 51 inserted: No. 59 of 1978 s. 5; amended: the Australia Act 1986 (U.K.) s. 14(3) (see WA Act No. 65 of 1985 and also the Australia Act 1986 (Cwlth.) s. 14(3)).]\n\n## Part IIIB — Local government\n\n[Heading inserted: No. 88 of 1979 s. 3.]\n\n##### 52. Elected local governing bodies\n\n(1) The Legislature shall maintain a system of local governing bodies elected and constituted in such manner as the Legislature may from time to time provide.\n\n(2) Each elected local governing body shall have such powers as the Legislature may from time to time provide being such powers as the Legislature considers necessary for the better government of the area in respect of which the body is constituted.\n\n[Section 52 inserted: No. 88 of 1979 s. 3.]\n\n##### 53. Certain laws not affected\n\nSection 52 does not affect the operation of any law —\n\n(a) prescribing circumstances in which the offices of members of a local governing body shall become and remain vacant; or\n\n(b) providing for the administration of any area of the State —\n\n(i) to which the system maintained under that section does not for the time being extend; or\n\n(ii) when the offices of all the members of the local governing body for that area are vacant;\n\nor\n\n(c) limiting or otherwise affecting the operation of a law relating to local government; or\n\n(d) conferring any power relating to local government on a person other than a duly constituted local governing body.\n\n[Section 53 inserted: No. 88 of 1979 s. 3.]\n\n## Part IV — Judicial\n\n##### 54. Judges continued in the enjoyment of their offices during good behaviour 8\n\nThe Commissions of the present Judges of the Supreme Court and of all future Judges thereof shall be, continue, and remain in full force during their good behaviour, notwithstanding the demise of Her Majesty (whom may God long preserve), any law, usage, or practice to the contrary notwithstanding.\n\n##### 55. But they may be removed by the Crown on the address of both Houses\n\nIt shall be lawful nevertheless for Her Majesty to remove any such Judge upon the Address of both Houses of the Legislature of the Colony.\n\n[**56.** Deleted: No. 35 of 1950 s. 4.]\n\n## Part V — Legal\n\n##### 57. Existing law saved\n\nAll laws, statutes, and ordinances which at the commencement of this Act are in force within the Colony shall until repealed or varied by any Act of the Legislature continue to be of the same force, authority, and effect as if this Act had not been passed, except in so far as the same are repugnant to this Act (in which case they are to that extent hereby amended and repealed as necessary).\n\n##### 58. Courts of justice, commissions, officers, etc.\n\nAll Courts of Civil and Criminal Jurisdiction, and all legal commissions, powers, and authorities, and all officers, judicial, administrative, or ministerial, within the Colony at the commencement of this Act shall except in so far as they are abolished, altered, or varied by this or any future Act of the Legislature of the Colony or other competent authority, continue to subsist in the same form and with the same effect as if this Act had not been passed.\n\n##### 59. Custom duties may be imposed not differential\n\nIt 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.\n\n##### 60. Duties not to be levied on supplies for Governor or troops nor any duties inconsistent with treaties\n\nIt 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 any 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.\n\n##### 61. Separation of the Colony\n\nNothing 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 or 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.\n\n##### 62. After separation, Act to apply to remaining part of Colony\n\nIn 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.\n\n## Part VI — Financial\n\n##### 63. Liability of separated portion of Colony for public debt\n\nWhenever 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.\n\n##### 64. All duties and revenues to form Consolidated Account\n\nAll taxes, imposts, rates, and duties, and all territorial, casual, and other revenues of the Crown (including royalties) from whatever source arising within the Colony, over which the Legislature has power of appropriation, shall form one Consolidated Account together with all other moneys lawfully credited to that Account, and that Account shall be appropriated to the Public Service of the Colony in the manner and subject to the charges hereinafter mentioned.\n\n[Section 64 amended: No. 6 of 1993 s. 9 and 11; No. 77 of 2006 s. 4 and 5(1).]\n\n##### 65. Consolidated Account permanently charged with expenses of collection\n\nThe Consolidated Account shall be permanently charged with all the costs, charges, and expenses incident to the collection, management, and receipt thereof; such costs, charges, and expenses being subject nevertheless to be reviewed and audited in such manner as is directed by the *Audit Act 1881* 9, or as may from time to time be directed by any Act of the Legislature.\n\n[Section 65 amended: No. 6 of 1993 s. 11; No. 77 of 2006 s. 4.]\n\n[**66, 67.** Deleted: No. 34 of 1921 s. 2.]\n\n##### 68. No part of public revenue to be issued except on warrants from Governor\n\nNo part of the public revenue of the Colony arising from any of the sources aforesaid shall be issued except in pursuance of warrants under the hand of the Governor directed to the Treasurer.\n\n[**69.** Deleted: 60 Vict., No. 18 s. 2.]\n\n[**70.** Deleted: No. 14 of 1905 s. 65.]\n\n[**71.** Deleted: No. 19 of 2010 s. 13(2).]\n\n##### 72. Consolidated Account to be appropriated by Act of the Legislature: certain charges not affected\n\nAfter and subject to the charges hereinbefore mentioned, all the Consolidated Account shall be appropriated to such purposes as any Act of the Legislature shall prescribe. Provided that nothing in this Act shall affect the payment of the annual interest or the principal sums mentioned in any outstanding debentures, or of any other charge upon the public revenue, as such interest, principal, or charge becomes due. Nor shall anything in this Act affect any pensions or superannuation allowances which at the commencement of this Act are by law chargeable upon the public revenue of the Colony, but all such pensions and superannuation allowances shall remain and be so chargeable, and shall be paid out of the Consolidated Account, and all rights and benefits which at the commencement of this Act are by law claimable by or accruing to any civil servant of the Government are hereby reserved and maintained. Provided nevertheless, that the power to suspend or remove any civil servant from his office shall be vested in the Governor in Council.\n\n[Section 72 amended: No. 6 of 1993 s. 11; No. 77 of 2006 s. 4.]\n\n## Part VII — Miscellaneous\n\n##### 73. Legislature as constituted by this Act empowered to alter any of its provisions\n\n(1) Subject to the succeeding provisions of this section, the Legislature of the Colony 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. 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 10, 11.\n\n(2) A Bill that —\n\n(a) expressly or impliedly provides for the abolition of or alteration in the office of Governor; or\n\n(b) expressly or impliedly provides for the abolition of the Legislative Council or of the Legislative Assembly; or\n\n(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\n\n(d) expressly or impliedly provides for a reduction in the numbers of the members of the Legislative Council or of the Legislative Assembly; or\n\n(e) expressly or impliedly in any way affects any of the following sections of this Act, namely —\n\n| sections 2, 3, 4, 50, 51 and 73, |\n| --- |\n\n\nshall not be presented for assent by or in the name of the Queen unless —\n\n(f) the second and third readings of the 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; and\n\n(g) the Bill has also prior to such presentation been approved by the electors in accordance with this section,\n\nand a Bill assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.\n\n(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*.\n\n(4) When the Bill is submitted to the electors the vote shall be taken in such manner as is fixed by law.\n\n(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.\n\n(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.\n\n[Section 73 amended: No. 59 of 1978 s. 6.]\n\n##### 74. Appointment to offices under the Government of the Colony to be vested in the Governor\n\nThe appointment to all public offices under the Government of the Colony hereafter to become vacant or to be created, whether such offices be salaried or not, shall be vested in the Governor in Council, with the exception of the appointments of officers liable to retire from office on political grounds, which appointments shall be vested in the Governor alone. Provided always, that this enactment shall not extend to minor appointments which by Act of the Legislature or by order of the Governor in Council may be vested in heads of departments or other officers or persons within the Colony.\n\n##### 74A. Demise of the Crown\n\nThe demise of the Sovereign —\n\n(a) has the effect of transferring all the functions, duties, powers, authorities, rights, privileges and dignities belonging to the Crown to the Sovereign’s successor; but\n\n(b) has no other effect in law for any purpose.\n\n[Section 74A inserted: No. 9 of 2017 s. 4.]\n\n##### 75. Interpretation\n\nFor the purposes of this Act —\n\n  Her Majesty means, when not repugnant to the context, Her Majesty, her heirs and successors.\n\n  Governor in Council means the Governor acting with the advice of the Executive Council.\n\n  Treasurer means the Treasurer of the Colony for the time being.\n\n  Person includes a corporation or association of persons.\n\n  Month means calendar month.\n\n[Section 75 amended: No. 59 of 1978 s. 7; No. 22 of 2015 s. 6.]\n\n##### 76. Operation of Act\n\nThe 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 12.\n\n##### 77. Act to be proclaimed\n\nThis 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 6, take effect from the date of such proclamation.\n\n[**78.** Deleted: No. 47 of 2011 s. 20(3).]\n\n[Schedule A and Schedule B deleted: 60 Vict., No. 18 s. 2.]\n\n[Schedule C related to section 70 which was deleted: No. 14 of 1905 s. 65.]\n\n[Schedule D deleted: No. 19 of 2010 s. 13(3).]\n\nSchedule E — Oath and affirmation of office\n\n[s. 22]\n\n[Heading inserted: No. 24 of 2005 s. 7.]\n\nEither —\n\n(a) I, [*name*], [*insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005*] that I will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.\n\n[*Delete the inapplicable.]\n\nor —\n\n(b) I, [*name*], [*insert an oath or affirmation according to the Oaths, Affidavits and Statutory Declarations Act 2005*] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law and will faithfully serve the people of Western Australia as a member of the *Legislative Council/Legislative Assembly.\n\n[*Delete the inapplicable.]\n\n[Schedule E inserted: No. 24 of 2005 s. 7.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Constitution Act 1889* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *The Constitution Act 1889* 1 | | 1889 (52 Vict. No. 23) | Reserved for Royal Assent 29 Apr 1889. Assented to 15 Aug 1890 | Act except for Pt. III: 21 Oct 1890 (see s. 77 and *Gazette* 23 Oct 1890 p. 790‑1);   Pt. III: 18 Oct 1893 (see s. 42 6 and *Gazette* 18 Jul 1893 p. 727) |\n| *The Constitution Act Amendment Act 1893* s. 2 | | 1893 (57 Vict. No. 14) | 13 Oct 1893 | 18 Oct 1893 (see s. 1) |\n| *The Constitution Act 1889 Amendment Act 1894* s. 2 | | 1894 (58 Vict. No. 15) | 8 Nov 1894 | 8 Nov 1894 |\n| *Constitution Act Amendment Act 1896* s. 2 | | 1896 (60 Vict. No. 18) | 8 Oct 1896 | 12 Apr 1897 (see *Gazette* 12 Apr 1897 p. 683) |\n| *Constitution Acts Amendment Act 1899* s. 2 | | 1899 (63 Vict. No. 19) | Reserved for Royal Assent 16 Dec 1899. Assented to 18 May 1900 | 18 May 1900 (see s. 52 and *Gazette* 18 May 1900 p. 1686 |\n| *Constitution Act Amendment Act 1900* | | 1900 (64 Vict. No. 5) (as amended by No. 45 of 1963) | 5 Dec 1900 | 5 Dec 1900 |\n| *Aborigines Act 1905* s. 65 | | 14 of 1905 (5 Edw. VII No. 14) | Reserved for Royal Assent 23 Dec 1905. Assented to 4 Apr 1906 13 | 1 Apr 1898 (see s. 65) |\n| *Constitution Act Amendment Act 1921* | | 34 of 1921 (12 Geo. V No. 34) | 30 Dec 1921 | 30 Dec 1921 |\n| *Ministers’ Titles Act 1925* s. 2 | | 8 of 1925 (16 Geo. V No. 8) | 24 Sep 1925 | 24 Sep 1925 |\n| *Judges’ Salaries and Pensions Act 1950* s. 4 | | 35 of 1950 (14 and 15 Geo. VI No. 35) | 16 Dec 1950 | 16 Dec 1950 |\n| **Reprint of *The Constitution Act 1889* approved 30 Nov 1964 in Volume 19 of Reprinted Acts** (includes amendments listed above) | | | | |\n| *Statute Law Revision Act 1970* s. 4 | | 10 of 1970 | 29 Apr 1970 | 29 Apr 1970 |\n| **Reprint of the *Constitution Act 1889* approved 29 Apr 1971** (includes amendments listed above) | | | | |\n| *Acts Amendment (Constitution) Act 1978* Pt. I | | 59 of 1978 | Reserved for Royal Assent 20 Sep 1978.   Assented to 15 Nov 1978 | 22 Dec 1978 (see *Interpretation Act 1918* s. 8 and *Gazette* 22 Dec 1978 p. 4769-70) |\n| *Constitution Act Amendment Act 1979* | | 88 of 1979 | 11 Dec 1979 | 11 Dec 1979 |\n| *Constitution Amendment Act (No. 3) 1980* | | 15 of 1980 | 15 Oct 1980 | 15 Oct 1980 |\n| **Reprint of the *Constitution Act 1889* as approved 30 Apr 1982** (includes amendments listed above) | | | | |\n| *Acts Amendment and Repeal (Disqualification for Parliament) Act 1984*   Pt. IV | | 78 of 1984 | 14 Nov 1984 | 1 Jul 1985 (see s. 2 and *Gazette* 17 May 1985 p. 1671) |\n| *Australia Act 1986* (U.K.)   s. 14   (See WA Act No. 65 of 1985 s. 4 and *Australia Act 1986* (Cwlth.) s. 14) | | 1986 c. 2 | 17 Feb 1986 | 3 Mar 1986 at 5 a.m. GMT (see *Statutory Instruments 1986* No. 319 c. 8) |\n| *Acts Amendment (Electoral Reform) Act 1987* Pt. II | | 40 of 1987 | 12 Jul 1987 | 30 Oct 1987 (see s. 2 and *Gazette* 30 Oct 1987 p. 3977) |\n| *Constitution Amendment Act 1987* | | 51 of 1987 | 30 Oct 1987 | 30 Oct 1987 (see s. 2) |\n| **Reprint of the *Constitution Act 1889* as at 1 Mar 1993** (includes amendments listed above) | | | | |\n| *Financial Administration Legislation Amendment Act 1993* s. 9 and 11 | | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |\n| *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 76 | | 10 of 1998 | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) |\n| **Reprint of the *Constitution Act 1889* as at 3 Jul 2000** (includes amendments listed above) | | | | |\n| *Electoral Amendment Act 2000* s. 22 | | 36 of 2000 | 10 Oct 2000 | 21 Oct 2000 (see s. 2(1) and *Gazette* 20 Oct 2000 p. 5899) |\n| *Constitution (Parliamentary Privileges) Amendment Act 2004* Pt. 2 | | 41 of 2004 | 3 Nov 2004 | 3 Nov 2004 (see s. 2) |\n| *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* Pt. 3 | | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2 and *Gazette* 23 Dec 2005 p. 6244) |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 and 5(1) | | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| **Reprint 6: The *Constitution Act 1889* as at 13 Jul 2007** (includes amendments listed above) | | | | |\n| *Standardisation of Formatting Act 2010* s. 13 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |\n| *Statutes (Repeals and Minor Amendments) Act 2011* s. 20 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) | |\n| *Constitution Amendment (Recognition of Aboriginal People) Act 2015* | 22 of 2015 | 17 Sep 2015 | 17 Sep 2015 (see s. 2) | |\n| *Constitution Amendment (Demise of the Crown) Act 2017* | 9 of 2017 | 25 Oct 2017 | s. 1 and 2: 25 Oct 2017 (see s. 2(a));   Act other than s. 1 and 2: 26 Oct 2017 (see s. 2(b)) | |\n| *Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021* Pt. 2 | 20 of 2021 | 24 Nov 2021 | 25 Nov 2021 (see s. 2(b)) | |\n\n\nOther notes\n\n1 Now known as the *Constitution Act 1889*; short title amended (see note under s. 1). The *Constitution Act 1889* was or is affected by —\n\nAn Act to augment Ministerial Salaries. 55 Vict. No. 23 (1892).  \n(Repealed by 60 Vict. No. 18.)\n\n *The Officers of Parliament Act 1893*. (56 Vict. No. 17).  \n(Repealed by 63 Vict. No. 19.)\n\n *Constitution Acts Amendment Act 1933*. (No. 25 of 1933).  \n(Amended by Act No. 46 of 1963 s. 10. Repealed by Act No. 57 of 1965.)\n\n *Constitution Acts Amendment (Temporary) Act 1934*. (No. 3 of 1934).  \n(Expired on 31 December 1934 (see s. 4). Repealed by Act No. 57 of 1965.)\n\n *Judges’ Retirement Act 1937*. (No. 8 of 1937).\n\n *Constitution Acts Amendment Act 1942*. (No. 29 of 1942).  \n(Amended by Act No. 45 of 1950 and Act No. 46 of 1963 s. 10. Repealed by Act No. 57 of 1965.)\n\n2 I.e.: 13 and 14 Victoria c. 59 (1850) s. 32.\n\n3 Section 6 was originally composed of three paragraphs. The second and third paragraphs were repealed by the *Acts Amendment and Repeal (Disqualification for Parliament) Act 1984* s. 4. The first paragraph ceased to operate on 18 October 1893. See s. 43.\n\n4 This provision ceased to operate on 18 October 1893. See s. 43.\n\n5 Now see *Electoral Act 1907*.\n\n6 Repealed section 42 provided for the postponement of the commencement of Part III. Under that section, Part III commenced 18 Oct 1893 (see *Gazette* 18 July 1893 p. 727).\n\n7 Now see the *Constitution Acts Amendment Act 1899* s. 11.\n\n8 Also see *Judges’ Retirement Act 1937* s. 3.\n\n9 Now see *Financial Management Act 2006* and *Auditor General Act 2006.*\n\n10\t*Australia Act 1986* (U.K.) s. 9(2) and *Australia Act 1986* (Cwlth) s. 9(2) (set out in the Schedules to the *Australia Acts (Request) Act 1985* (WA)) read as follows:\n\n(2) No law or instrument shall be of any force or effect in so far as it purports to require the reservation of any Bill for an Act of a State for the signification of Her Majesty’s pleasure thereon.\n\n11 Sections 69 and 70 and Schedules B and C have been repealed.\n\n12 See *Western Australia Constitution Act 1890* (U.K.) (53 and 54 Vict. c. 26) s. 2 which effected these repeals as from the proclamation of this Act in WA i.e. 21 October 1890. As to the proviso in s. 2 of that Act, now see *Australia Act 1986* (U.K.) s. 7‑9. Paragraph (a) of the proviso reads as follows:\n\n(a) The provisions of the Acts of the session held in the 13th and 14th years of Her Majesty, chapter 59, and of the session held in the 5th and 6th years of Her Majesty, chapter 76 (being 2 of the Acts mentioned in the said schedule), which relate to the giving or withholding of Her Majesty’s assent to Bills, ... and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid, and the disallowance of Bills by Her Majesty, shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the scheduled Bill and this Act, and by any other legislative body or bodies which may at any time hereafter be substituted for the said Legislative Council and Assembly.\n\n[Note the proviso was amended by the *Australian States Constitution Act 1907* (U.K.) (7 Ed. VII c. 7).]\n\n13 The *Aborigines Act 1905* commenced on 23 April 1906 (see s. 1 and *Gazette* 20 Apr 1906 p. 1221, 21 Apr 1906 p. 1261 and 27 Apr 1906 p. 1263). It is not clear why there were 3 Gazettals.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nGovernor in Council 75\n\nHer Majesty 75\n\nMonth 75\n\nPerson 75\n\nRoyal Sign Manual 51\n\nTreasurer 75\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1889 purpose of establishing a colonial legislature with an appointed upper house. Major scope expansions include: (1) Part IIIA (1978) entrenching the office of Governor and requiring referendums for its abolition; (2) Part IIIB (1979) constitutionalising local government; (3) Section 74A (2017) clarifying succession to the Crown; (4) The 2015 preamble amendment recognising Aboriginal people; and (5) The progressive 'entrenchment' of section 73 itself, making the amendment procedure increasingly rigid. The Act has transformed from a colonial constitution granting power to a self-governing colony into a modern state constitution with entrenched rights, recognition provisions, and complex amendment safeguards."},"complexity_factors":["Historical layering: The Act is a 135-year-old document that has been amended numerous times (as shown in the compilation table with amendments from 1893 through to 2021), resulting in deleted sections, inserted parts, and transitional provisions that are difficult to follow without the explanatory notes.","Transitional and spent provisions: Multiple sections (e.g., sections 6, 7, 8, 9, 43) dealt with the transition from an appointed Legislative Council to an elected one in 1893, creating a dual structure that is no longer operational but remains in the text.","Entrenched provisions: Section 73 creates a complex two-tier amendment procedure—ordinary amendments require absolute majorities, while 'special' amendments (listed in subsection 2) require both absolute majorities and a referendum, plus enforcement mechanisms via Supreme Court proceedings.","Cross-referencing to Imperial and Commonwealth statutes: The Act references multiple UK Acts (e.g., Australian Colonies Duties Act 1873, Australia Act 1986) and defers significant operational detail to other WA statutes (e.g., Electoral Act 1907, Financial Management Act 2006).","Archaic language and structure: Retains colonial-era terminology ('Her Majesty', 'Governor in Council', 'dormant Commission', 'demise of the Crown') alongside modern amendments, creating interpretive challenges.","Only 6 defined terms in the interpretation section (s. 75), but heavy reliance on undefined constitutional conventions and external statutory definitions."],"plain_english_summary":"**What this law does:**\n\nThis is Western Australia's foundational constitutional document. Originally passed in 1889 (when WA was still a British colony), it established the basic structure of government for the state and continues to operate today as the supreme law setting out how WA is governed.\n\n**Key things it covers:**\n\n*   **The Parliament:** Creates the WA Parliament, consisting of the Queen (now the King), the Legislative Council (upper house), and the Legislative Assembly (lower house). It sets out how these houses meet, elect their presiding officers (President and Speaker), and make laws.\n*   **The Governor:** Establishes the Governor as the Queen's representative in WA, appointed by the Crown, and defines the office's continuity.\n*   **Elections:** Originally provided for appointed members of the Legislative Council (until 1893), then transitioned to elected members. It defers most electoral details to other laws (like the *Electoral Act 1907*).\n*   **Local Government:** Added in 1979, this requires the Parliament to maintain a system of elected local councils with powers for local governance.\n*   **The Courts:** Protects judges of the Supreme Court by giving them tenure \"during good behaviour\" (meaning they can't be sacked arbitrarily), though they can be removed by the Crown if both houses of Parliament request it.\n*   **Money and Spending:** Establishes the Consolidated Account (the government's main bank account), requires all revenue to go into it, and mandates that money can only be spent if Parliament passes a law appropriating it.\n*   **Changing the Constitution:** Makes it difficult to alter the constitution. Ordinary changes need an absolute majority of all members in both houses. Major changes—like abolishing the Governor, changing how members are elected, or altering certain key sections—require both an absolute majority in Parliament **and** approval by voters at a referendum.\n*   **Recognition of Aboriginal People:** Added in 2015, the preamble now acknowledges Aboriginal people as the First People of Western Australia and traditional custodians of the land, expressing Parliament's intent to effect reconciliation.\n\n**Who it affects:**\n\nEveryone in Western Australia. It affects voters (who they can elect and how), members of Parliament (how they take office and their privileges), judges (their job security), public servants (how they are appointed), and local councils (their existence and powers).\n\n**Why it matters:**\n\nThis Act is the \"rulebook\" for WA's democracy. It determines how laws are made, who has the power to make them, and how the system can be changed. The special protections in **section 73** make it harder for a government with a temporary majority to rewrite the rules of the game to benefit itself."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act began as a colonial constitution framing a Legislative Council and granting a civil list; over time its scope has changed through amendments and repeal of parts to operate as the modern State constitution. The text now includes modernised provisions on the Governor (linked to the Australia Acts) (s.50–51), explicit financial management rules (s.64–72), electoral cross‑references to later Electoral Acts (s.38; s.41), recognition of Aboriginal people added to the Preamble, and entrenched change procedures (s.73). Several original paragraphs and schedules have been deleted or remade (noted throughout and in compilation notes), so the Act’s substantive operation and dependencies differ from its original 1889 form (Preamble; s.50; s.73; compilation notes)."},"complexity_factors":["Entrenchment rules that require absolute majorities and a referendum for certain constitutional changes (s.73(1)–(6))","Multiple cross‑references to other statutes for operational detail (Electoral Acts, Audit/Financial Acts) (s.38; s.41; s.65)","Interplay with Imperial‑era provisions and later constitutional instruments (operation conditioned on repeals and the Australia Act links) (s.76; compilation notes)","Mixture of residual historical text, repealed sections and modern amendments scattered through the Act (many deletions and insertions noted in text and notes)","Consolidated financial regime that interacts with executive warrants, Treasurer duties and parliamentary appropriation (s.64; s.68; s.72)","Significant executive discretions (Governor’s powers to prorogue, dissolve, appoint) that are defined but not tightly constrained in this instrument (s.3; s.50; s.74)","Transitional and elective provisions that depend on staged commencement (Part III & related notes)"],"plain_english_summary":"### What this Act does, in plain terms\n\n- Mechanically, the Act sets out the basic constitutional structure for Western Australia. It creates a bicameral Parliament (a Legislative Council and a Legislative Assembly) and describes how laws are to be made (a Bill must pass both Houses and be presented to the Governor for assent) (s.2(1)–(3)).\n\n- It gives the Governor formal powers to fix the place and time of parliamentary sittings, to prorogue the Houses, and to dissolve the Legislative Assembly (s.3). The Act also defines the Governor’s office and how references to the Governor are to be read in other laws (s.50–51).\n\n- It requires at least one parliamentary session every 12 months (s.4), requires members to take an oath or affirmation before sitting (s.22; Schedule E), and requires each House to adopt Standing Rules and Orders (s.34).\n\n- It preserves the existing electoral regime except where this Act says otherwise and provides for electoral lists to be prepared and made available under the Electoral Acts (s.38; s.41).\n\n- It sets out provisions for the transition to an elective Legislative Council and for the conduct of business even if some seats remain unfilled after an election (Part III; s.46–47; s.49).\n\n- It secures judicial tenure \"during good behaviour\" for Supreme Court judges and provides that a judge may only be removed by the Crown on the address of both Houses (s.54–55).\n\n- Financially, the Act requires all Crown revenues under the Legislature’s appropriation power to be paid into a single Consolidated Account (s.64), makes that Account permanently charged with collection costs (s.65), forbids issuing public money except on a Governor’s warrant to the Treasurer (s.68), and requires appropriation of the Consolidated Account by Act of Parliament while preserving certain pre‑existing charges, pensions and debenture obligations (s.72).\n\n- It grants the Legislature power to impose customs duties, but with two limits: duties must not discriminate between goods by country of origin (except as permitted by the 1873 Imperial Act), and no duties may be levied that conflict with treaties or on supplies for the Governor or troops (s.59–60).\n\n- The Legislature is given broad power to alter this Act, but certain changes are subject to procedural entrenchment: bills that abolish or alter core constitutional features (including the office of Governor, the Houses, direct election, numbers of members, or specific listed sections) must pass each House by an absolute majority and then be submitted to the electors for approval (s.73(1)–(6)). Anyone eligible to vote at an Assembly election may seek judicial remedies to enforce those procedural rules (s.73(6)).\n\n- The Act also requires the Legislature to maintain elected local governing bodies and allows the Legislature to define their powers (s.52–53).\n\n- The Preamble states the Act’s declared purpose: to confer a constitution on Western Australia and grant a civil list, and (by amendment) to acknowledge Aboriginal people as First Peoples and traditional custodians (Preamble, amended). \n\n\n### Testing the declared purposes against mechanics, costs and incentives\n\n- Centralisation of revenue and control over spending: the Act makes all Crown revenues part of a single Consolidated Account (s.64) and requires parliamentary appropriation for use (s.72). Mechanically, this centralises where public money is accounted for and requires legislative approval to spend, which places budgetary control with Parliament but also concentrates administrative responsibility for collection and payment (s.65; s.68). Who pays: the public revenues and taxes collected from economic activity in the State (s.64). Who decides: the Treasurer acts under Governor warrants for issuing money, and appropriation occurs by Act of the Legislature (s.68; s.72). Compliance burden: financial officers must observe the consolidated accounting and warrant procedures (s.64–68).\n\n- Executive discretion and political timing: the Governor retains the formal power to dissolve the Assembly and to prorogue or fix sittings (s.3). Mechanically, that power gives the office that capacity to alter parliamentary timing. Incentive effect: the existence of a dissolution power creates scope for timing elections or sessions; the Act does not place additional procedural limits on exercise of those powers in those sections (s.3). Decision-maker: the Governor (s.3; s.50).\n\n- Entrenchment and democratic control: the Act allows the Legislature to amend most of its provisions (s.73(1)), but requires special procedures (absolute majorities in both Houses and voter approval) for bills that abolish or alter certain fundamental structures (s.73(2)–(5)). Implementation cost: the special process raises the procedural and political cost of changing core constitutional arrangements and creates a role for the electorate in approving those changes (s.73(3)–(5)). Enforcement: an elector may seek judicial relief in the Supreme Court to enforce those procedures (s.73(6)).\n\n- Judicial independence vs. parliamentary removal: judges hold office during good behaviour (s.54) and may be removed by the Crown only on the address of both Houses (s.55). Mechanically, removal requires both Houses to agree and the Crown to act; this places a high procedural barrier to removal (s.55). Who bears the cost: removal procedures fall on the Legislature and the Crown machinery, not individual litigants; the existence of secure tenure affects judicial incentives and the stability of judicial decision-making (s.54–55).\n\n- Trade policy effects on private enterprise: the Legislature can impose customs duties but must not impose discriminatory duties between countries (s.59). It also cannot impose duties contrary to treaties (s.60). Mechanically, this permits non‑preferential import duties, which affect import prices equally across sources and therefore change costs for traders and consumers uniformly rather than favouring particular trading partners (s.59–60). Decision-maker: the Legislature (s.59). Compliance: importers must pay duties imposed under laws the Legislature enacts (s.59).\n\n- Local government and decentralised services: the Act requires the Legislature to maintain a system of elected local governing bodies and allows the Legislature to allocate powers to them (s.52). Scope for discretion: how much authority and which powers local bodies get is left to subsequent legislation, so the practical effect depends on future Acts (s.52–53). Compliance and administrative cost: local government bodies and the agencies that interact with them must follow those later laws (s.53).\n\n\n### Concentrated benefits, diffuse costs, and discretion points (source-cited)\n\n- Concentrated benefits: holders of public office (s.35) and institutions that rely on public appropriation may benefit from the formal protections and funding rules (s.72; s.35). Salaries and parity of officers are specified (s.35).\n\n- Diffuse costs: taxpayers and the broad public bear the financial cost of salaries, pensions, and public services paid from the Consolidated Account (s.64; s.72). Trade impacts from customs duties (s.59) are spread across importers and consumers.\n\n- Bureaucratic discretion: appointments to public offices are vested in the Governor in Council (s.74) and the Governor may summon members to the Council before elective provisions operate (s.6). The Governor in Council and heads of departments perform functions left to later law or administrative action (s.6; s.74). Financial administration is also concentrated in the Treasurer under Governor warrants (s.68).\n\n\n### Implementation risks and cross‑dependencies\n\n- The Act depends on and cross‑references other statutes for operation: electoral detail is left to the Electoral Acts (s.38; s.41), financial auditing references other Acts (s.65), and the Act’s operation involved repeal or interaction with Imperial Acts and later the Australia Acts (s.76 and compilation notes). These cross‑links create interpretive and implementation dependencies that require coordination across statute regimes (s.38; s.65; s.76).\n\n\n### Who pays, who decides, and what behaviour changes (brief)\n\n- Who pays: public services, salaries and pensions come from the Consolidated Account funded by taxes and other Crown revenues within the State (s.64; s.72). Customs duties collected by law feed into that Account (s.59; s.64).\n\n- Who decides: the Legislature makes laws (s.2); the Governor has specific powers to summon, prorogue, and dissolve Parliament and to make appointments in Council (s.3; s.50; s.74); the Treasurer and Governor issue warrants and manage public payments (s.68).\n\n- Behaviour changes required: members must take an oath or affirmation before sitting (s.22); public finance officers must follow consolidation and warrant procedures (s.64–68); electoral officers must prepare and make electoral lists as provided in Electoral Acts (s.41).\n\n\n### Key statutory citations used above\n\n- Parliament and lawmaking: s.2(1)–(3)\n- Governor powers and office: s.3; s.50–51\n- Annual session: s.4\n- Oath/affirmation: s.22; Schedule E\n- Standing orders: s.34\n- Electoral law and lists: s.38; s.41\n- Elective Council and transitional provisions: Part III; s.46–49\n- Judges’ tenure and removal: s.54–55\n- Consolidated Account and appropriation: s.64; s.65; s.68; s.72\n- Customs duties and treaty limits: s.59–60\n- Amendments and entrenchment procedure: s.73(1)–(6)\n- Local government requirement: s.52–53\n- Appointments: s.6; s.74\n- Preamble (purpose claims, including recognition of Aboriginal people): Preamble (amended)\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/constitution-act-1889","history":"/api/acts/constitution-act-1889/history","analysis":"/api/acts/constitution-act-1889/analysis","conflicts":"/api/acts/constitution-act-1889/conflicts","importantCases":"/api/acts/constitution-act-1889/important-cases","documents":"/api/acts/constitution-act-1889/documents"}}