Div 3General

Division 3 — General 31. Terms used 9 32. Disqualification by reason of bankruptcy or convictions 10 33. Holders of offices or places not disqualified except under s. 34 to 42 11 34. Disqualification of certain office‑holders and members of Parliament 11 36. Certain offices and places must be vacated before member can take seat 12 37. Office or place vacated in certain cases 14 38. Seats in Parliament vacated in certain cases 14 39. Provision for relief 15 40. Presence of unqualified persons not to invalidate proceedings 16 41. Jurisdiction of Court of Appeal 17 42. Power to amend Schedule V 18 Part II — Executive 43. Principal executive offices 19 44. No person to draw salaries for 2 offices 19 44A. Parliamentary Secretaries 19 45. Oath of office for members of Executive Council 20 45A. Executive Council meetings 21 Part III — Miscellaneous 46. Powers of the 2 Houses in respect of legislation 22 48. Revision or compilation of electoral rolls upon commencement of Act 23 49. Commencement of action 24 50. Plaintiff to give security for costs 24 51. No action to lie against officials of either House 24 52. Proclamation of Royal Assent and commencement of Act 25 Schedule I — Enactments repealed Schedule V — Offices and bodies to which Part I Division 3 applies Part 1 — Disqualifying offices Division 1 — Judicial, tribunal and similar offices Division 2 — Other offices Part 2 — Offices or places vacated on election Part 3 — Bodies membership of which is vacated on election Schedule VI — Oaths and affirmations of office Division 1 — Holders of principal executive offices and for Parliamentary Secretaries Division 2 — Members of the Executive Council Notes Compilation table 45 Uncommenced provisions table 70 Other notes 70 Defined terms An Act to amend the *Constitution Act 1889*, and to amend and consolidate the Acts amending the same. Preamble Whereas by the *Constitution Act 1889*, it is provided that the Legislature of Western Australia shall have full power and authority from time to time to repeal or alter any of the provisions of the said Act: And whereas it is expedient to amend the said Act and to amend and consolidate the Acts amending the same: Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: — ## Part IA — Preliminary [Heading inserted: No. 19 of 2010 s. 43(2).] ##### 1. Short title This Act may be cited as the *Constitution Acts Amendment Act 1899*. ##### 2. Repeal The enactments mentioned in the First Schedule hereto are thereby repealed to the extent therein stated. ##### 3. Terms used For the purposes of this Act — Her Majesty means, when not repugnant to the context, Her Majesty, her heirs and successors. Governor in Council means the Governor acting with the advice of the Executive Council. Minister means the Minister charged with the execution of this Act. Treasurer means the Treasurer of the State for the time being. Person means an individual of either sex. [Section 3 amended: No. 7 of 1920 s. 2; No. 46 of 1963 s. 8; No. 59 of 1978 s. 9.] [**4.** Deleted: No. 10 of 1998 s. 76.] ## Part I — Legislature ### Division 1 — Legislative Council ##### 5. Constitution of Legislative Council (1) The Legislative Council is to consist of 37 elected members. (2) Those members are to be returned and sit for the whole of the State. [Section 5 inserted: No. 20 of 2021 s. 6.] [**6.** Deleted: No. 1 of 2005 s. 7(3).] [**7.** Deleted: No. 64 of 2006 s. 4.] ##### 8. Retirement of members periodically (1) In this section — general election means a general election for the Legislative Council; member means a member of the Legislative Council. (2) The seat of a member elected at a general election shall become vacant at the expiration of the period of 4 years beginning on 22 May next following the day of his election as member. (3) A member elected at a general election shall not sit or vote before 22 May next following the day of his election as member. (4) Where a general election fails wholly or partially or is declared to be absolutely void — (a) the seat of a member elected at an election held by reason of that failure or declaration shall become vacant at the expiration of the period of 4 years beginning on 22 May next following that general election; and (b) if a member elected at an election held by reason of that failure or declaration is so elected before 22 May next following that general election, that member shall not sit or vote before that 22 May. (5) Subsections (2) and (4)(a) do not affect the operation of any enactment under which a member may cease to be a member, or the seat of a member may become vacant, otherwise than by effluxion of time. [Section 8 inserted: No. 40 of 1987 s. 8; amended: No. 36 of 2000 s. 23; No. 49 of 2011 s. 12; No. 20 of 2021 s. 7.] [**8A.** Omitted under the Reprints Act 1984 s. 7(4)(e).] [**8B.** Deleted: No. 40 of 1987 s. 10.] ##### 9. Resignation of members Any member of the Legislative Council may resign his seat therein, by writing under his hand addressed to the President, or if there be no President, or if the President is absent from the State, to the Governor, and upon the receipt of such resignation by the President or the Governor, as the case may be, the seat of such member shall become vacant. [Section 9 amended: No. 46 of 1963 s. 8.] ##### 10. Tenure of seat by member filling vacancy (1) A member of the Legislative Council elected to fill any vacancy arising otherwise than by effluxion of time shall hold the seat during the unexpired portion of the term for which the previous member would have been entitled to hold it, and no longer. (2) Subsection (1) does not affect the operation of any enactment under which a member may cease to be a member, or the seat of a member may become vacant, otherwise than by effluxion of time. (3) The provisions of this Act and the *Electoral Act 1907* as to the occurrence and filling of vacancies in the seats of members of the Council extend, with any appropriate modifications, to cases where — (a) a person has been elected as a member but the term of office for which the person was elected has not begun; or (b) the election of a person as a member is void and the term of office for which the person would have been elected, if the election had not been void, would have begun on 22 May next following the election. [Section 10 amended: No. 40 of 1987 s. 11; No. 36 of 2000 s. 56.] ##### 11. Election of President Whenever the office of President of the Legislative Council becomes vacant, the Council at their first meeting thereafter shall elect one of their members to be President, and the President so elected shall preside at all meetings of the Council: Provided that pending such first meeting the Chairman of Committees shall fill the office and perform the duties of the President, subject, however, to section 13. [Section 11 amended: No. 32 of 1954 s. 2.] ##### 12. Absence of President provided for In case of the absence of the President upon leave of absence granted to him by the Legislative Council, or by reason of illness or other unavoidable cause, the Chairman of Committees shall fill the office and perform the duties of the President during such absence. [Section 12 amended: No. 32 of 1954 s. 3.] ##### 13. President to hold office in certain cases until meeting of Parliament The member of the Legislative Council holding office as the President thereof who shall vacate his seat by periodical retirement when the Council is not in session, shall continue in office and be deemed to be the President of the said Council until the next meeting of Parliament, unless he shall not be re‑elected a member of the said Council; but nothing in this section shall enable a President hereby continued in office to preside at any meeting of the said Council. ##### 14. Quorum — division, casting vote The presence of at least one‑third of the members of the Legislative Council, exclusive of the President, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Council shall be decided by a majority of votes of the members present, other than the President, and when the votes are equal the President shall have the casting vote: Provided always, that if the whole number of members constituting the Legislative Council shall not be exactly divisible by 3, the quorum of the Legislative Council shall consist of such whole number as is next greater than one‑third of the members of the Legislative Council. [**15.** Deleted: No. 64 of 2006 s. 5.] [**16.** Deleted: No. 72 of 1963 s. 9.] [**17.** Deleted: No. 72 of 1963 s. 10.] ### Division 2 — Legislative Assembly ##### 18. Constitution of Legislative Assembly (1) The Legislative Assembly is to consist of 59 elected members. (2) Those members are to be returned and sit for electoral districts. [Section 18 inserted: No. 20 of 2021 s. 8.] [**19.** Deleted: No. 1 of 2005 s. 7(4).] [**20.** Deleted: No. 64 of 2006 s. 6.] ##### 21. Duration of Assembly (1) Every Legislative Assembly shall exist and continue for 4 years from the day of the first meeting thereof and no longer; subject, nevertheless, to being sooner prorogued or dissolved by the Governor. Provided that, subject as aforesaid — (a) whenever any Legislative Assembly would expire by the effluxion of time between the last day of August of any year and the first day of February next thereafter, such Legislative Assembly shall continue up to and including the day next preceding such first day of February and no longer; and (b) whenever the Legislative Assembly would expire by effluxion of time between the last day of January and the first day of September of any year, such Legislative Assembly shall cease and determine on the last day of January of that year. (2) Notwithstanding subsection (1) the Legislative Assembly in existence at the commencement of the *Acts Amendment (Electoral Reform) Act 1987* shall, subject to section 3 of the *Constitution Act 1889*, cease and determine on 31 January 1989. [Section 21 amended: No. 48 of 1919 s. 2; No. 40 of 1987 s. 12.] ##### 22. Absence of Speaker provided for In case of the absence of the Speaker upon leave of absence granted to him by the Legislative Assembly, or by reason of illness, or other unavoidable cause, the Chairman of Committees shall perform the duties and exercise the authority of Speaker in relation to all proceedings of the House as Deputy Speaker; and, in the absence of the Chairman of Committees, the Assembly shall thereupon elect some other member to fill the office and perform the duties of the Speaker during such absence. ##### 23. Speaker to hold office till meeting of new Parliament unless not re‑elected In case of any dissolution of Parliament the Speaker of the Legislative Assembly at the time of such dissolution shall continue in office and shall be deemed to be the Speaker of the said Assembly until the first meeting of the new Parliament, unless he shall not be re‑elected a member of the said Assembly; but nothing in this section shall enable a Speaker hereby continued in office to preside at any meeting of the said Assembly. ##### 24. Quorum — division, casting vote The presence of at least one‑third of the members of the Legislative Assembly, exclusive of the Speaker, shall be necessary to constitute a quorum for the despatch of business; and all questions which shall arise in the Legislative Assembly shall be decided by a majority of votes of the members present, other than the Speaker, and when the votes shall be equal the Speaker shall have the casting vote: Provided always, that if the whole number of members constituting the Legislative Assembly shall not be exactly divisible by 3, the quorum of the Legislative Assembly shall consist of such whole number as is next greater than one‑third of the members of the Legislative Assembly. ##### 25. Resignation of members Any member of the Legislative Assembly may resign his seat therein, by writing under his hand, addressed to the Speaker, or if there be no Speaker, or if the Speaker is absent from the State, to the Governor, and upon the receipt of such resignation by the Speaker or the Governor, as the case may be, the seat of such member shall become vacant. [Section 25 amended: No. 46 of 1963 s. 8.] [**26‑28.** Deleted: No. 27 of 1907 s. 211.] ### Division 3 — General [**29, 30.** Deleted: No. 27 of 1907 s. 211.] ##### 31. Terms used (1) In this Division — disqualified for membership of the Legislature means disqualified for membership of the Legislative Council and for membership of the Legislative Assembly; member in relation to a commission, council, board, committee, authority, trust or other body means — (a) any member of the body whether known as a member, commissioner, councillor, trustee, director or by any other title; (b) any deputy, alternate or acting member of the body, and includes a person holding the office of chairman or president or any other office on the body; member of the Legislature means a member of the Legislative Council or the Legislative Assembly. (2) In this Division a reference to the holding of any office or place is a reference to the holding of that office or place in a permanent, temporary or acting capacity on a full‑time, part‑time or casual basis. [Section 31 inserted: No. 78 of 1984 s. 8; amended: No. 24 of 2000 s. 9; No. 19 of 2010 s. 51.] ##### 32. Disqualification by reason of bankruptcy or convictions (1) A person is disqualified for membership of the Legislature if he — (a) be an undischarged bankrupt, or a debtor against whose estate there is a subsisting receiving order in bankruptcy; or (b) has been convicted on indictment of an offence for which the indictable penalty was or included — (i) imprisonment for life; or (ii) imprisonment for more than 5 years. (2) In subsection (1)(b) — indictable penalty means the penalty that such a law specified for the offence in the event of a person being convicted of it on indictment; and offence means an offence against a law of this State, the Commonwealth, another State or a Territory. [Section 32 (formerly section 31) amended: No. 111 of 1975 s. 2; renumbered as 32 and amended: No. 78 of 1984 s. 9; No. 70 of 2004 s. 81(1)‑(3).] ##### 33. Holders of offices or places not disqualified except under s. 34 to 42 Except as provided by the succeeding sections of this Part or the *Electoral Act 1907* section 149A(2) — (a) the election of a person as a member of the Legislature shall not be rendered void or affected in any other way; (b) the seat of a person as a member of the Legislature shall not become vacant, by reason of his holding any office or place of profit from or under the Crown or any other office or place. [Section 33 inserted: No. 78 of 1984 s. 10; amended: No. 64 of 2006 s. 7.] ##### 34. Disqualification of certain office‑holders and members of Parliament (1) Subject to this Act a person is disqualified for membership of the Legislature if he — (a) holds any office mentioned in Part 1 of Schedule V; or (b) is a member of the Parliament of the Commonwealth or the legislature of a Territory or another State of the Commonwealth. (2) A member of either House of the Legislature is disqualified for membership of the other House. [Section 34 inserted: No. 78 of 1984 s. 10.] [**35.** Deleted: No. 64 of 2006 s. 8.] ##### 36. Certain offices and places must be vacated before member can take seat (1) Subject to subsections (2) and (8), this section applies to a person who — (a) holds an office or place in the service of the Crown in right of the Commonwealth or another State of the Commonwealth or in the service of the government of, or any department or agency of the government of, the Commonwealth or a Territory or another State of the Commonwealth; or (b) holds an office as a member of any commission, council, board, committee, authority, trust or other body, and was appointed as such a member by the Crown in right of the Commonwealth or another State of the Commonwealth, or by the government of, or any department or agency of the government of, the Commonwealth or a Territory or another State of the Commonwealth. (2) Subject to subsection (4), the Governor may, by Order in Council, exempt any office or place from the operation of this section and whilst that office or place remains so exempted this section shall not apply to a person by reason of his holding that office or place. (3) Subject to subsection (4), the Governor may, by subsequent Order in Council, amend an Order made under subsection (2) or revoke the Order either absolutely or for the purpose of substituting another Order. (4) An Order in Council shall be made under this section if and only if the making of the Order has been recommended by resolution passed by both Houses of the Legislature. (5) Subject to subsection (6), an Order in Council made under this section shall take and have effect on and from the day on which it is published in the *Government Gazette*. (6) Where, by reason of an Order in Council made under subsection (3), an office or place previously exempted from the operation of this section will no longer be so exempted, that Order shall take and have effect at and from the expiration of 30 days from the day on which it is published in the *Government Gazette*. (7) The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section. (8) This section does not apply to a person by reason of his being a member of the Citizen Forces or the Reserve Forces within the meaning of the *Defence Act 1903* of the Parliament of the Commonwealth. (9) If any person to whom this section applies is elected as a member of the Legislative Council at a general election, his seat shall become vacant on 22 May next following the election if he has not, before that date, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him. (10) If any person to whom this section applies is elected as a member of the Legislature otherwise than as referred to in subsection (9) — (a) he shall not take the oath, or make the affirmation, pursuant to section 22 of the *Constitution Act 1889* until he has resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him; and (b) his seat shall become vacant at the expiration of 21 days after the date on which he is declared to be elected if he has not, before the expiration of that period, resigned from or otherwise ceased to hold the office or place by reason of which this section applies to him. [Section 36 inserted: No. 78 of 1984 s. 10.] ##### 37. Office or place vacated in certain cases (1) Subject to subsection (2), this section applies to a person who — (a) holds any office or place mentioned in Part 2 of Schedule V not being an office also mentioned in Part 1 of Schedule V; or (b) is a member of any commission, council, board, committee, authority, trust or other body mentioned in Part 3 of Schedule V. (2) This section does not apply to a person by reason of his being the holder of any office or place, or a member of any body, *ex officio* as the holder of any of the principal executive offices of the Government liable to be vacated on political grounds. (3) If any person to whom this section applies is declared to be elected as a member of the Legislature, he shall, upon and by virtue of being so declared, vacate the office or place by reason of which this section applies to him. [Section 37 inserted: No. 78 of 1984 s. 10.] ##### 38. Seats in Parliament vacated in certain cases Subject to any resolution passed by the Legislature under section 39, if any member of the Legislature, after his election — (a) ceases to be qualified under the *Electoral Act 1907* section 76A to be elected as a member of the Legislature; or (b) becomes disqualified for membership of the Legislature by section 32 or section 34; or (c) becomes a person to whom section 36 or section 37 applies; or (d) takes the benefit, whether by entering into a personal insolvency agreement or otherwise, of any law relating to bankrupt or insolvent debtors; or (e) becomes of unsound mind; or (f) takes any oath or makes any declaration or acknowledgment of allegiance, obedience, or adherence, to any foreign Prince or Power, or does, concurs in, or adopts any act whereby he may become a subject or citizen of any foreign State or Power, or whereby he may become entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or (g) fails to give his attendance in the House of which he is a member for one entire session thereof without the permission of the House entered upon its journals, his seat shall thereupon become vacant. [Section 38 amended: No. 4 of 1947 s. 2 (as amended: No. 46 of 1963 s. 10); No. 12 of 1948 s. 3 (as amended: No. 46 of 1963 s. 10); No. 111 of 1969 s. 2; No. 15 of 1975 s. 2; No. 78 of 1984 s. 11; No. 64 of 2006 s. 9; No. 18 of 2009 s. 20.] ##### 39. Provision for relief (1) This section applies to any case where a person has, or it is alleged that a person has, at any time (in this section called the material time) become the holder of an office or place — (a) specified in Part 1 or 2 of Schedule V; or (b) as a member of any commission, council, board, committee, authority, trust or other body specified in Part 3 of Schedule V; or (c) referred to in section 36(1), and, at the material time, that person was a member of the Legislature. (2) If, in a case to which this section applies, it appears to the Legislature that the person concerned has, since the material time, resigned from or otherwise ceased to hold the office or place in question, and that it is otherwise proper so to do, the Legislature may, by resolution passed by both Houses, direct that his becoming the holder of that office or place at the material time shall be disregarded for the purposes of section 38 and the resolution shall have effect according to its tenor. (3) A resolution may be made under subsection (2), and a resolution made under that subsection shall have effect, notwithstanding that proceedings may have been commenced in the Supreme Court under section 41 and notwithstanding any declaration made by 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 relation to any vacancy occurring by operation of section 38 in a case to which this section applies. [Section 39 inserted: No. 78 of 1984 s. 12; amended: No. 40 of 1987 s. 13.] [**39A‑39C.** Deleted: No. 78 of 1984 s. 12.] ##### 40. Presence of unqualified persons not to invalidate proceedings The proceedings of the Legislative Council or Legislative Assembly shall not be invalidated by reason of the presence in that House of — (a) any person not qualified under the *Electoral Act 1907* section 76A to be elected as a member of that House; or (b) any person disqualified by section 32 or section 34 for membership of that House; or (c) any person whose seat as a member of that House has become vacant by operation of section 36 or section 38. [Section 40 inserted: No. 78 of 1984 s. 12; amended: No. 64 of 2006 s. 10.] ##### 41. Jurisdiction of Court of Appeal (1) Any person entitled to vote for the election of a member of the Legislative Assembly at a general election may apply to the Court of Appeal, in accordance with Rules of Court, for a declaration as to whether or not — (a) by operation of section 35 the election of that person or another person as a member of the Legislature is void; or (b) by operation of section 36 or section 38 the seat of that person or another person as a member of the Legislature has become vacant; or (c) by operation of section 37 that person or another person has vacated an office or place. (2) Upon any application made under subsection (1) by a person other than the person in respect of whom a declaration is sought, the person in respect of whom a declaration is sought shall be the respondent; and the applicant shall give such security for the costs of the proceedings not exceeding $500 as the Court of Appeal may direct. (3) In hearing and determining an application under this section the Court of Appeal shall give effect to any resolution made under section 39(2) in respect of the person in respect of whom a declaration is sought. [Section 41 inserted: No. 78 of 1984 s. 12; amended: No. 45 of 2004 s. 37.] [**41A.** Deleted: No. 78 of 1984 s. 12.] ##### 42. Power to amend Schedule V (1) Subject to subsection (2), the Governor may, by Order in Council, amend Schedule V. (2) An Order in Council shall be made under this section if and only if the making of that Order has been recommended by resolution passed by both Houses of the Legislature. (3) An Order in Council made under this section shall take and have effect — (a) in the case of an Order adding an office to Part 1 of Schedule V, or adding an office or place to Part 2 of Schedule V or adding a commission, council, board, committee, authority, trust or other body to Part 3 of Schedule V — at and from the expiration of 30 days from the day on which the Order is published in the *Government Gazette*; or (b) in the case of any other Order — on and from the day on which the Order is published in the *Government Gazette*. (4) The Clerk of the Parliaments shall keep in his custody a copy of every Order in Council made under this section. [Section 42 inserted: No. 78 of 1984 s. 12.] ## Part II — Executive ##### 43. Principal executive offices (1) There may be 17 principal executive offices of the Government liable to be vacated on political grounds, and no more. (2) The offices shall be such 17 offices as shall be designated and declared by the Governor in Council, from time to time, to be the 17 principal executive offices of the Government for the purposes of this Act. (3) One at least of such executive offices shall always be held by a member of the Legislative Council. (4) Before a person who accepts such an executive office performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI. [Section 43 amended: No. 25 of 1927 s. 2; No. 2 of 1950 s. 2; No. 2 of 1965 s. 3; No. 86 of 1975 s. 3; No. 5 of 1980 s. 3; No. 10 of 1986 s. 3; No. 24 of 2005 s. 9.] ##### 44. No person to draw salaries for 2 offices If any person accepts any 2 or more of the offices liable to be vacated on political grounds, it shall not be competent for him to receive the salary of more than one office. ##### 44A. Parliamentary Secretaries (1) The Governor in Council may — (a) appoint a person who is a member of the Legislature to be the Parliamentary Secretary to a Minister, that is to the holder of a principal executive office referred to in section 43; and (b) at any time revoke such an appointment. (2) An office of Parliamentary Secretary under this section is not one to which section 43 applies but is liable to be vacated on political grounds in the same manner as a principal executive office referred to in that section. (3) The functions of a Parliamentary Secretary appointed under this section are such as the Governor in Council may specify in the instrument of appointment. (4) A Parliamentary Secretary appointed under this section shall be paid an allowance or allowances under subsection (5) but otherwise shall not receive any remuneration in respect of that office. (5) The allowances referred to in subsection (4) are — (a) an allowance in respect of holding the office of Parliamentary Secretary; and (b) an allowance for and in respect of expenses necessarily or reasonably incurred in connection with the office of Parliamentary Secretary, determined under the *Salaries and Allowances Act 1975* section 6. (6) Before a person who is appointed to be a Parliamentary Secretary performs any function of the office, he is to take before the Governor, or some person authorised for the purpose by the Governor, the oath or affirmation set out in Division 1 of Schedule VI. [Section 44A inserted: No. 38 of 1990 s. 4; amended: No. 24 of 2005 s. 10; No. 56 of 2006 s. 4.] ##### 45. Oath of office for members of Executive Council The form of the oath or affirmation of office for a person who has been appointed to be a member of the Executive Council is that set out in Division 2 of Schedule VI. [Section 45 inserted: No. 24 of 2005 s. 11.] ##### 45A. Executive Council meetings (1) In this section — remote communication, in relation to a meeting, means any technology that enables all the persons taking part in the meeting to communicate with each other at the same time in a reasonably continuous way. (2) A meeting of the Executive Council may be held — (a) in person; or (b) using remote communication; or (c) by a mix of those 2 ways of meeting. (3) A person (including the Governor or any member who is presiding) who participates in a meeting of the Executive Council using remote communication is taken to be present at the meeting. (4) This section applies despite anything in any Letters Patent relating to the office of Governor. [Section 45A inserted: No. 34 of 2020 s. 84.] ## Part III — Miscellaneous ##### 46. Powers of the 2 Houses in respect of legislation (1) Bills appropriating revenue or moneys, or imposing taxation, shall not originate in the Legislative Council; but a Bill shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand of payment or appropriation of fees for licences, or fees for registration or other services under the Bill. (2) The Legislative Council may not amend Loan Bills, or Bills imposing taxation, or Bills appropriating revenue or moneys for the ordinary annual services of the Government. (3) The Legislative Council may not amend any Bill so as to increase any proposed charge or burden on the people. (4) The Legislative Council may at any stage return to the Legislative Assembly any Bill which the Legislative Council may not amend, requesting by message the omission or amendment of any item or provision therein: provided that any such request does not increase any proposed charge or burden on the people. The Legislative Assembly, may if it thinks fit, make such omissions or amendments, with or without modifications. (5) Except as provided in this section, the Legislative Council shall have equal power with the Legislative Assembly in respect of all Bills. (6) A Bill which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation. (7) Bills imposing taxation shall deal only with the imposition of taxation. (8) A vote, resolution, or Bill for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor to the Legislative Assembly. (9) Any failure to observe any provision of this section shall not be taken to affect the validity of any Act whether enacted before or after the coming into operation of the *Constitution Acts Amendment Act 1977*. [Section 46 inserted: No. 34 of 1921 s. 2; amended: No. 63 of 1950 s. 2; No. 28 of 1977 s. 2.] [**47, 47A.** Deleted: No. 40 of 1987 s. 14.] ##### 48. Revision or compilation of electoral rolls upon commencement of Act (1) It shall be the duty of the Electoral Registrars, immediately after the commencement of this Act, to amend the Electoral Roll for each Province and District by removing from the roll the name of every elector whose qualification by the operation of this Act is situate or arises in some other Province or District, and to insert every name so removed on the Electoral Roll of the Province or District to which the qualification is, by the operation of this Act, transferred. (2) In the case of a Province or District created by this Act for which there is no electoral roll in existence, the Electoral Registrar shall remove from the roll of the Province or District of which the newly created Province or District formed part, the name of every elector whose qualification by the operation of this Act is situate or arises in such newly formed Province or District, and shall compile a roll for every such last‑mentioned Province or District of the names so removed in the form prescribed by the *Electoral Act 1899* 2, and such roll shall be forwarded by such Electoral Registrar to the Electoral Registrar of the newly formed Province or District, and such roll shall be the electoral roll for every such newly formed Province or District until a new roll is completed, and every elector whose name appears thereon, pursuant to this section, shall be entitled to vote for a member or members for such newly formed Province or District. ##### 49. Commencement of action No action or other proceeding to recover any forfeiture, penalty, or sum of money under this Act shall be commenced except within 3 months after the time at which the right to bring such action or to take such proceeding first arose. ##### 50. Plaintiff to give security for costs No action or other proceeding for the recovery of any penalty, forfeiture, or sum of money in respect of the breach or violation of any of the provisions of this Act shall be commenced unless and until the plaintiff shall pay into Court the sum of $200 as security for all such costs as may be awarded to the defendant in such action or proceeding, and such sum shall abide the order of the Court or a Judge. [Section 50 amended: No. 113 of 1965 s. 8(1).] ##### 51. No action to lie against officials of either House No action or other legal proceedings shall lie or be maintained against the President of the Legislative Council, or the Speaker of the Legislative Assembly, or against the Chairman of Committees, or other officer of either House of Parliament, or any member of the Police Force, for anything done by, or under the warrant, or by the direction of, such President, Speaker, or other officer, under or purporting to be under the standing orders or any other order or resolution of the House in which he presides, or of which he is an officer, as the case may be, or under or purporting to be under the provisions of “An Act for defining the Privileges, Immunities, and Powers of the Legislative Council and Legislative Assembly of Western Australia, respectively.” 3. [Section 51 amended: No. 8 of 2009 s. 37.] ##### 52. Proclamation of Royal Assent and commencement of Act This Act shall be proclaimed in Western Australia by the Governor so soon as he shall have received a notification by telegraph or otherwise of the Royal Assent thereto, and shall commence and take effect from the date of the publication of such Proclamation, but the constitution of the existing Legislative Assembly shall remain unaffected by this Act until the said Assembly is dissolved by effluxion of time or otherwise. Schedule I — Enactments repealed [s. 2] [Heading amended: No. 19 of 2010 s. 14(2).] | **Session and Number** | **Extent of Repeal** | | --- | --- | | 52 Vict., No. 23 ........................... | Sections 14, 18 to 21 inclusive, 23 to 30 inclusive, and 32, 33, and 40. | | 54 Vict., No. 6 ............................. | The Whole. | | 55 Vict., No. 32 ........................... | Section 30, subsections (1a) and (4); Section 31. | | 56 Vict., No. 17 ........................... | The Whole. | | 57 Vict., No. 14 ........................... | The Whole. | | 58 Vict., No. 15 ........................... | The Whole. | | 60 Vict., No. 18 ........................... | The Whole. | [Schedule II deleted: No. 46 of 1963 s. 9.] [Schedule III related to section 30 which was deleted: No. 27 of 1907 s. 211.] [Schedule IV deleted: No. 19 of 1989 s. 5.] Schedule V — Offices and bodies to which Part I Division 3 applies [s. 34 and 37]