Western Australia
VALIDITY
1. The Constitutional Standards follow the United Nations global governance system, which in a voluntary manner and at different speeds can be applied at the supranational level (international public legal person), the national level (national public legal person), and the sub-national level (state legal persons or localities), including individual subjects at any level.
2. If any clause is deemed invalid , or a clause applied to any organization or individual or any situation is invalid, other parts of the Constitutional Standards and the application of such clauses to other levels, organizations or individuals, or circumstances will not be affected.
(1) Supranational level: according to the organization's charter, but in accordance with the law that does not violate the constitutional standards of permanent peace and does not endanger any individual or group.
(2) National level: The Constitution Standard is applicated directly, effectively and comprehensively, and can amend itself indefinitely, or a part of it may not be implemented for the time being, but the criterion is not to detract from the perfection of the Constitution Standards.
(3) Except for the Ad Hoc Committees of § 15, National Legislation of § 18, National Administration of § 22 (Central Government/Federal Government), and items subordinate to the Central Committee in the articles, the sub-national level (state, province, city, district, etc.) Autonomous bodies are directly effective and fully applicable.
3. All laws or rules involving the scope of the Constitutional Standards are bound by the Constitutional Standards clauses.
4. The various rights enumerated in the Constitutional Standards shall not be interpreted as denying or canceling other rights held by the people.
5. The Constitutional Standards are one of part of the basic great law for all supranational organizations (United Nations, etc.), national organizations, and subnational organizations (state, region, province, city, etc.). The following basic clauses bind legislation, administration, procuratorial, and trial operations and are directly effective supreme laws.
TWO KINDS OF SUBJECTIVE WILL
1. Humanity will enjoy Permanent Peace . Take natural law and international law as parent law, promote the Constitutional Standards in the ISO to consolidate a world under the rule of law and create the highest life value..
2. Sustainable development of the earth . Take the solar system and the United Nations as the system, promote government standards (ISO), enhance global governance and create the highest values on earth.
TWENTY-EIGHT LAWS OF NATURE
SECTION I. PERMANENT PEACE —RIGHTS AND DUTIES OF THE PEOPLE
CHAPTER 1. FREEDOM STANDARDS FOR PERMANENT PEACE
ARTICLE 1. FOUNDING A NATION ON FREEDOM
National sovereignty rests with the people. Constitutional power belongs to the people unconditionally . The constitution can freely determine whether a nation is a republic or monarchy, a unitary state, or a federation . The government is formed through votes by the people. The oath of allegiance to the Constitution produces public offices.
ARTICLE 2. REFORMING FREEDOM
Radio waves are owned by the whole people . Political candidates will gain one-hour free access to television broadcast and one item is published for free daily on the internet . The country’s nine major political parties can use the nation’s proprietary radio channels for free . Local governments shall handle the above matters in accordance with regulations.
ARTICLE 3. OPENING UP FREEDOM
Elections (and voting) are the most important element in education, allocation, dialogue , solidarity, consensus forming and elements of governance . Candidates should complete registration six months before elections Registration . Voting frequency and number of times are based on Switzerland or the US state of California, the two areas with the world’s highest per capita income.
ARTICLE 4. SAFEGUARDING FREEDOM
The people are obliged to perform military service, voting service and peacekeeping service. Severe punishment for disturbing the peace or arrest of whoever disturbs the peace and abuses the right of freedom , using violence or lavishing money to achieve their goals or preaching on behalf of dictatorships and spreading false information, attacking freedom and democracy, or in adhering to their enemies, giving them aid and comfort.
CHAPTER II. DEMOCRACY STANDARDS FOR PERMANENT PEACE
ARTICLE 5. FOUNDING A NATION ON DEMOCRACY
Innovate global democracy—advocate Permanent Peace, belief in value sharing and constitutional commonality, and take the lead in global republicanism. Vote frequently to resolve and reconcile contradictions, disagreements and antagonisms that continually arise.
ARTICLE 6. REFORMING DEMOCRACY
All government officials, military personnel and civil servants must pass the constitutional and international law graded examinations, with question banks published a year in advance . Each legislature should ensure that the power of the three parties is balanced and establish a global network to submit questions or proposals to the committee.
ARTICLE 7. OPENING UP DEMOCRACY
Registration is completed six months prior to elections to facilitate dialogue between voters and talented candidates with ability . Political parties with seats in the national legislature of a fully democratic country can set up party headquarters in our country and field candidates in elections for leaders at all levels in accordance with the Constitutional Standards and the law, thereby enhancing international competitiveness.
ARTICLE 8. SAFEGUARDING DEMOCRACY
Strictly control the flow of payment, movement of people, goods, and information from foreign countries. On referendum proposals, if 60% of eligible voters agree, the proposal is adopted . The elected president serves a term of five years, and together with his/her relatives is banned from running again in accordance with the law within six years of leaving the office . Attempts to modify the term of office shall be deemed acts of rebellion.
CHAPTER III. HUMAN RIGHTS STANDARDS FOR PERMANENT PEACE
ARTICLE 9. FOUNDING A NATION ON HUMAN RIGHTS
Creating the highest values in life, advocating the global basic Constitutional Standards, constructing Permanent Peace for humanity, and safeguarding sustainable development of the earth are the most sacred rights of the people and the most urgent obligations of the nation.
ARTICLE 10. REFORMING HUMAN RIGHTS
Innate human rights are superior to sovereignty . Any innocent victim harmed or dying from injury due to human factors and ergonomics should be compensated by the state . All victims have unlimited right to private prosecution . All citizens are good citizens, and criminal records of those who have not committed another crime within ten years should be completely expunged.
ARTICLE 11. OPENING UP HUMAN RIGHTS
A community with a shared future for humanity and human rights issues is a global internal affair , and any human rights victim is seen as suffering for all humanity. Half of the members of the National Human Rights Action and Citizenship Exercise Committee are appointed by authoritative international human rights organization.
ARTICLE 12. SAFEGUARDING HUMAN RIGHTS
Constitution guarantors guarantee: human rights, environmental rights, peace rights and development rights for all will never lag those of other countries . Power leaders in government are elected in alternating years. Amendments to human rights or peace clauses are not permitted.
CHAPTER IV. RULE OF LAW STANDARDS FOR PERMANENT PEACE
ARTICLE 13. FOUNDING A NATION ON RULE OF LAW
These Constitutional Standards are hereby established, to be promulgated throughout the country for faithful and perpetual observance by all. International law is deemed to be Customary International Law, as that is also the great fundamental law of the world , so international law is also deemed to be the parent law of the national constitution and the jus cogens of peace, directly imposing rights and duties on the people and central and local governments.
ARTICLE 14. REFORMING RULE OF LAW
The eternal weapon for safeguarding peaceful development: implementing the Constitutional Standards is a fundamental law to promote what is beneficial and abolish what is harmful/to eradicate internal disturbances and treason. It gathers all laws of all local governments and nations in the whole world as a part of national laws , and people can choose the ones best suited for them and use them in accordance with the law.
ARTICLE 15. OPENING UP RULE OF LAW
Create a great civilization under rule of law . Candidates for the President and the leaders of prosecution and justice shall nominate members for ad hoc committees to develop legislation, international law, and all laws of all nations. These ad hoc committees’ members are distributed among various standing committees..
ARTICLE 16. SAFEGUARDING RULE OF LAW
All legislative, administrative, procuratorial and adjudication acts shall be subject to International Law first. Anyone who is disloyal to the Constitutional Standards shall forfeit all basic rights. No country may invoke provisions of its National Laws or conditions, history, and cultural conflict to justify violation of International Law.
SECTION II. PERMANENT PEACE - BASIC ORGANIZATION OF THE NATION
CHAPTER V. LEGISLATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 17. GLOBAL LEGISLATION
Global Concurrent Legislative Powers : In order to create a global legal community , the legislatures have to open up global legislation and national or sub-national levels have the right to enact legislation so long as and to the extent that the supra-national level has not exercised its legislative power by enacting a law.
ARTICLE 18. NATIONAL LEGISLATION
Create a matrix committee-centric quasi-cabinet system with none of the disadvantages of contemporary systems . Hold at-large parliamentary elections in a single-district one-vote system to ensure candidates of three main political parties can be elected and part of representatives get re-elected each year . All bicameral parliaments shall proceed as described above. Parliament elections are handled separately and mandatory voting.
ARTICLE 19. LOCAL LEGISLATION
The Sub-national level (state/province/city) councils set up nine committees and 1/3 of all members face election each year . Local councils elect a Speaker from among their members for a one-session term with no right to run for Speaker again during the appointed dates . The local legislation should strive to enhance the value of globalization and localization.
ARTICLE 20. ADVOCATING LEGISLATION
The legislature shall create a human political community with the Constitutional Standards for international organizations and rule of international law as jus cogens. The legislature shall advise other countries or states, provinces, and cities to establish constitutional standards. Such actions shall be supported by special funds at least five ten thousandths (0.05%) of the total budget.
CHAPTER VI. ADMINISTRATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 21. GLOBAL ADMINISTRATION
Global Concurrent Administrative Powers: Implement the Constitutional Standards and practice a community with a shared future for mankind; when performing tasks on behalf of supranational organizations (the UN, etc.), national and local governments shall be considered executive agencies empowered by supranational organizations.
ARTICLE 22. NATIONAL ADMINISTRATION
Adopt a modified semi-presidential system . The President is elected by the people ; the President appoints or nominate the Prime Minister in accordance with the law , the Prime Minister must be born locally. The Prime Minister shall direct the actions of the Government. He/she shall be responsible for national defense. The various Minister of ministries and committees shall release their global performance rankings at the beginning of every year . All military forces shall be nationalized and globalized.
ARTICLE 23. LOCAL ADMINISTRATION
The sub-national level of the Constitutional Standards is comparable to the state, province, and district autonomous entities . Powers that are more beneficial to the locality belong to the local government, including the rights of local legislation, administration, justice, external trade, language, culture, and environmental development in accordance with the constitution.
ARTICLE 24. CONSTITUTIONAL GUARANTEES
The President, representatives of public opinion, military personnel, civil servants, teachers, and clergy shall act as constitutional guarantors . Leaders at all levels shall be responsible for the country’s centennial plans. The President and Armed forces shall be neutral in elections and are banned from voting . The country shall continue pursuing and perfecting all standards .
CHAPTER VII. PERMANENT PEACE JUSTICE PROSECUTION STANDARDS
ARTICLE 25. JUDICIAL REFORM
The Prosecutor-General is directly elected . The District Prosecutor-General are chosen in a single-district one-vote system, according to the number of votes, one district attorney general and two deputy district attorneys are elected, to form a collegial system of prosecution . Both parties may submit videos instead of appearing in court and have the right to replace the presiding judge before conclusion of the investigation/final statements.
ARTICLE 26. JUDICIAL DEVELOPMENT
The constitution represents the general will of the people, and the people can prosecute anyone who violates the constitution . Military or police personnel assuming office take an oath administered by a prosecutor . The nation shall set up a global legal comparison database to enhance audit, prevention, discovery and prosecution, and a trial ruling prediction system.
CHAPTER VIII. PERMANENT PEACE JUDICIAL TRIAL STANDARDS
ARTICLE 27. JUSTICE AND OPENING UP
Ensure justice is responsive . The head of the Judicial Department is elected by the people . The rulings of Constitutional Court Justices are regarded as exercise of the people's constitutional power, and half of all Constitutional Court Justices shall come from different countries on the five continents, with life-long tenure and full national benefits.
ARTICLE 28. CONSTITUTIONAL LAW AND OPENING UP
Constitutional global agreement , unconstitutional global review, and priority reviews of violations of international law . Except in cases involving unconstitutionality, if no remedy is at hand, everyone in the democratic world has the right not to cooperate, to resist non-violently or to protest.
Western Australia Constitution Act 1889
An Act to confer a Constitution on Western Australia, and to grant a Civil list to Her Majesty.1
Preamble
Whereas 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;
And 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;
And 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:
[Preamble amended: No. 22 of 2015 s. 4.]
Be 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: —
Part IA — Preliminary
[Heading inserted: No. 47 of 2011 s. 20(2).]
1. Short title
This is the Constitution Act 1889 1.
[Section 1 inserted: No. 47 of 2011 s. 20(2).]
Part I — Parliamentary
2. Legislature to be constituted in Western Australia
(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.
(2) The Parliament of Western Australia consists of the Queen and the Legislative Council and the Legislative Assembly.
(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.
[Section 2 amended: No. 59 of 1978 s. 4.]
3. Governor may fix place and time of sessions, prorogue Houses and dissolve Assembly
It 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.
4. A session every year
There 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.
5. First calling together of Legislature
The 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.
6. Appointment of members of Council
Before 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.
[Section 6 3 amended: No. 78 of 1984 s. 5.]
7. Tenure of seats in Council
Every member of the Legislative Council shall, subject to the provisions of this Act, hold his seat therein until Part III shall come into operation.
8. Resignation of members of Council 4
Any 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.
9. Appointment of President; who may take part in debate 4
The 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.
[10, 11. Deleted: 57 Vict., No. 14 s. 2.]
12. Convoking of Assembly 5
For 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.
13. Assembly may proceed to business although full number of members not elected at general election
Upon any general election the Legislative Assembly shall be competent to proceed to the despatch of business, at the time appointed by the Governor for that purpose, notwithstanding that in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.
[Section 13 amended: No. 36 of 2000 s. 22.]
[14. Deleted: 63 Vict., No. 19 s. 2.]
15. Election of Speaker
The members of the Legislative Assembly shall, upon their first assembling after every general election, proceed forthwith to elect one of their number to be Speaker; and in case of his death, resignation, or removal by a vote of the said Assembly, the members shall again elect one of their number to be Speaker. The Speaker so elected shall preside at all meetings of the said Assembly.
[16, 17. Deleted: No. 78 of 1984 s. 6.]
[18 21. Deleted: 63 Vict., No. 19 s. 2.]
22. Oath or affirmation of allegiance
No 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.
[Section 22 inserted: No. 15 of 1980 s. 2; amended: No. 24 of 2005 s. 6.]
[23 30. Deleted: 63 Vict., No. 19 s. 2.]
[31. Deleted: 57 Vict., No. 14 s. 2.]
[32, 33. Deleted: 63 Vict., No. 19 s. 2.]
34. Standing Rules and Orders
The 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.
[Section 34 amended: No. 51 of 1987 s. 3.]
35. Salaries of President, Speaker, and officers
The 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.
36. Privileges of both Houses
It 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.
[Section 36 amended: No. 41 of 2004 s. 4.]
Part II — Electoral
[37. Deleted: 57 Vict., No. 14 s. 2.]
38. Electoral laws 5
Except 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.
The 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.
[39. Deleted: 57 Vict., No. 14 s. 2.]
[40. Deleted: 63 Vict., No. 19 s. 2.]
41. Electoral lists 5
The 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.
Provided 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.
Part III — Elective Council
[42. Deleted: No. 22 of 2015 s. 5.]
43. Certain sections to lapse
On the coming into operation of this Part 16, the first paragraph of section 6, and sections 8, 9 and 30 shall, saving validity of things done, cease to have any operation.
[44, 45. Deleted: 57 Vict., No. 14 s. 2.]
46. Convoking of elected Council
For 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.
47. Council may proceed to business although full number of vacancies not filled at general election
Upon any general election the Legislative Council shall be competent to proceed to the despatch of business, at the time appointed by the Governor for that purpose, notwithstanding that the electors shall have failed to elect the required number of members to serve in the Legislative Council.
[Section 47 inserted: No. 40 of 1987 s. 4.]
[48. Deleted: 57 Vict., No. 14 s. 2.]
49. Election of President 7
The 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.
Part IIIA — The Governor
[Heading inserted: No. 59 of 1978 s. 5.]
50. Office of Governor
(1) The Queen’s representative in Western Australia is the Governor who shall hold office during Her Majesty’s pleasure.
(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).
(3) In this Act and in every other Act a reference to the Governor shall be taken —
(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
(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
(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.
[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)).]
51. Instructions to Governor
In section 50 the expression Royal Sign Manual means the signature or royal hand of the Sovereign.
[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)).]
Part IIIB — Local government
[Heading inserted: No. 88 of 1979 s. 3.]
52. Elected local governing bodies
(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.
(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.
[Section 52 inserted: No. 88 of 1979 s. 3.]
53. Certain laws not affected
Section 52 does not affect the operation of any law —
(a) prescribing circumstances in which the offices of members of a local governing body shall become and remain vacant; or
(b) providing for the administration of any area of the State —
(i) to which the system maintained under that section does not for the time being extend; or
(ii) when the offices of all the members of the local governing body for that area are vacant;
or
(c) limiting or otherwise affecting the operation of a law relating to local government; or
(d) conferring any power relating to local government on a person other than a duly constituted local governing body.
[Section 53 inserted: No. 88 of 1979 s. 3.]
Part IV — Judicial
54. Judges continued in the enjoyment of their offices during good behaviour 8
The 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.
55. But they may be removed by the Crown on the address of both Houses
It shall be lawful nevertheless for Her Majesty to remove any such Judge upon the Address of both Houses of the Legislature of the Colony.
[56. Deleted: No. 35 of 1950 s. 4.]
Part V — Legal
57. Existing law saved
All 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).
58. Courts of justice, commissions, officers, etc.
All 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.
59. Custom duties may be imposed not differential
It 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.
60. Duties not to be levied on supplies for Governor or troops nor any duties inconsistent with treaties
It 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.
61. Separation of the Colony
Nothing 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.
62. After separation, Act to apply to remaining part of Colony
In 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.
Part VI — Financial
63. Liability of separated portion of Colony for public debt
Whenever 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.
64. All duties and revenues to form Consolidated Account
All 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.
[Section 64 amended: No. 6 of 1993 s. 9 and 11; No. 77 of 2006 s. 4 and 5(1).]
65. Consolidated Account permanently charged with expenses of collection
The 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.
[Section 65 amended: No. 6 of 1993 s. 11; No. 77 of 2006 s. 4.]
[66, 67. Deleted: No. 34 of 1921 s. 2.]
68. No part of public revenue to be issued except on warrants from Governor
No 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.
[69. Deleted: 60 Vict., No. 18 s. 2.]
[70. Deleted: No. 14 of 1905 s. 65.]
[71. Deleted: No. 19 of 2010 s. 13(2).]
72. Consolidated Account to be appropriated by Act of the Legislature: certain charges not affected
After 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.
[Section 72 amended: No. 6 of 1993 s. 11; No. 77 of 2006 s. 4.]
Part VII — Miscellaneous
73. Legislature as constituted by this Act empowered to alter any of its provisions
(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.
(2) A Bill that —
(a) expressly or impliedly provides for the abolition of or alteration in the office of Governor; or
(b) expressly or impliedly provides for the abolition of the Legislative Council or of the Legislative Assembly; or
(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
(d) expressly or impliedly provides for a reduction in the numbers of the members of the Legislative Council or of the Legislative Assembly; or
(e) expressly or impliedly in any way affects any of the following sections of this Act, namely —
sections 2, 3, 4, 50, 51 and 73,
shall not be presented for assent by or in the name of the Queen unless —
(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
(g) the Bill has also prior to such presentation been approved by the electors in accordance with this section,
and a Bill assented to consequent upon its presentation in contravention of this subsection shall be of no effect as an Act.
(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.
(4) When the Bill is submitted to the electors the vote shall be taken in such manner as is fixed by law.
(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.
(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.
[Section 73 amended: No. 59 of 1978 s. 6.]
74. Appointment to offices under the Government of the Colony to be vested in the Governor
The 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.
74A. Demise of the Crown
The demise of the Sovereign —
(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
(b) has no other effect in law for any purpose.
[Section 74A inserted: No. 9 of 2017 s. 4.]
75. Interpretation
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.
Treasurer means the Treasurer of the Colony for the time being.
Person includes a corporation or association of persons.
Month means calendar month.
[Section 75 amended: No. 59 of 1978 s. 7; No. 22 of 2015 s. 6.]
76. Operation of Act
The 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 13.
77. Act to be proclaimed
This 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 16, take effect from the date of such proclamation 1.
[78. Deleted: No. 47 of 2011 s. 20(3).]
[Schedule A and Schedule B deleted: 60 Vict., No. 18 s. 2.]
[Schedule C related to section 70 which was deleted: No. 14 of 1905 s. 65.]
[Schedule D deleted: No. 19 of 2010 s. 13(3).]
Schedule E — Oath and affirmation of office
[s. 22]
[Heading inserted: No. 24 of 2005 s. 7.]
Either —
(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.
[*Delete the inapplicable.]
or —
(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.
[*Delete the inapplicable.]
[Schedule E inserted: No. 24 of 2005 s. 7.]
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