No. 5465. An Act to introduce Adult Suffrage at Legislative Council Elections, to amend the Law relating to Qualification for Membership of and Elections for the Legislative Council, to provide for the Re-definition of the Boundaries of Electoral Provinces for the Legislative Council, and for other purposes. [Uth October, 1950.] E it enacted by the King's Most Excellent Majesty by B and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— Short title 1. (1) This Act may be cited as the Legislative Council construction and citation. Reform Act 1950 and shall be read and construed as one Nog. 3000, 4278, 4305, with The Constitution Act Amendment Act 1928 (hereinafter 4334,4350, 4307, 4409, called the Principal Act) and any Act amending the same 4408, 4533, 45(53, 4584, all of which Acts and this Act may be cited together as 4091,4718, 4849, 4890, The Constitution Act Amendment Acts. 5014,5028, 5052, 5185, 5211, 5252, (2) This Act is divided into Parts as follows:— 5285, 5290, 5309, 53491, Part I.—Qualifications and Elections for Legislative 5380. Division Council. into Parts. Part 30 1950. Legislative Council Reform. No. 5465

Part II.—Ke-dennition of Boundaries of Electoral Provinces for Legislative Council. »«.«-.«*. (3) (a) Part I. of this Act shall come into-operation on the appointed day within the meaning of section niteen of this Act. (b) The remainder of this Act shall come into operation on the passing thereof.

PART I—QUALIFICATIONS AND ELECTIONS FOR LEGISLATIVE COUNCIL.

Now sections 2 For sections fifty-three to fifty-nine of the Principal subsituted for No. 3060 as. Act as amended by any Act there shall be substituted 53-59 as amended by the following sections :— Noa. 4533 a. 5, 4563 a. 2. " 53. Any natural-born subject of His Majesty, or Adult qualification any alien naturalized by law for the space of five for members of Council. years and resident in Victoria for the space of two years, Comp. The Constitution Act who is of the full age of twenty-one years, shall be s. XI., No. 3060 as. 139, qualified to be elected a member of the Council : 140. Provided that no person shall be capable of being elected or continuing to be a member of the Council who— (a) is a judge of any court of Victoria ; (b) is a minister of any religious denomination whatever maybe his rank title or designation; (c) has been convicted of treason or any felony or infamous crime in any part of His Majesty's dominions ; or (d) is an uncertificated bankrupt or insolvent.

Avoidance of 54. (1) If any person who is not qualified to be or not election of unqualified capable of being elected a member of the Council is person. elected and returned as a member of the Council such Comp. The Constitution Act a. XXVI., election and return may be declared by the Council No. 3660 s. 59. or by the committee of elections and qualifications thereof to be void, and thereupon the same shall become void to all intents and purposes. (2) If any person so elected and returned contrary to the provisions of this Part sits or votes in the Council, lie shall be liable to a penalty of Two hundred pounds to be recovered by any person who sues for same in any court of competent jurisdiction." 3. For 1950. Legislative Council Reform. No. 5465 31

n H 3. For sections sixty-two to sixty-nine of the Principal ^tf^J° f 8 C Act as amended by any Act there shall be substituted the NO 3OOO B8.° . . J J 02-09 as following sections :— imen^clbyo © Nos. 4350 s. 3 4533 s. 7, 5 G 3 8 2, "62. Subject to the disqualifications hereinafter * d u lt - mentioned every person of the full age of twenty-one ^rage^r years who— council. Comp. (a) is a natural-born or naturalized subject of His Majesty ; and (b) has resided in Australia for at least six months continuously and in Victoria for at least three months and in any subdivision for at least one month immediately preceding the date of such person's claim for enrolment as an elector for the Assembly— shall (subject to this Act) be entitled in respect of residence in such subdivision— to be enrolled as an elector for the Council on the roll for the subdivision in which such person resides and for no other subdivision; and when enrolled and so long as such person continues to reside in the subdivision, to vote at any election for the Council for the province : Provided that— (i) an elector who has changed his residence to another place within the same subdivision or to another subdivision of the same province shall not be deemed by reason only of such change of residence to be dispossessed of the qualification in respect of which he is enrolled; and (ii) an elector who within three months before any election has changed his residence to another province may vote at that election for the province for which his name appears on the roll prepared for the purposes of that election.

63. No 32 1950. Legislative Council Reform. No. 5405

Disqualifica­ 63. No person who is of unsound mind and no tions. Comp. No. 3660 person convicted of treason or who has been convicted a. 146. and is under sentence for any offence punishable under the law of Victoria or any other part of the King's Dominions by imprisonment for one year or longer and no person who is receiving relief as an inmate of any charitable institution (other than a hospital) who is certified as of unsound mind by the Government Medical Officer shall be entitled to have his name placed on or retained on any roll of electors for the Council or to vote at any election for the Council."

New sections substituted for 4. (1) For sections seventy to one hundred and No. 3660 as. 70-135 aB thirty-five of the Principal Act as amended by any Act amended by Nos. 4350 and any heading above any of the said sections there 88. 3, 7, 8, 4563 88. 2, 3, shall be substituted the following heading and sections :— 4574 8.3, 4629 8.4,4091 8.2.

a DIVISION 7.—ELECTORAL REGISTRARS AND ROLLS.

Electoral registrars. 70. The electoral registrar for each subdivision of See No. 3660 a district shall also be the electoral registrar for the s. 162. corresponding subdivision of a province.

Rolls for provinces and 71. (1) There shall be a roll for each province. subdivisions, Comp. No. 3660 s. (2) There shall be a separate roll for each 153. subdivision of a province, which roll shall be the roll for the time being in force for the corresponding subdivision of an electoral district. (3) The rolls for all the subdivisions of a province shall together form the roll for the province.

Supplemental (4) Supplemental rolls setting out additions since rolls. Comp. No. 3660 the latest print of the rolls shall be prepared and s. 150 (2). printed immediately before any election for the Council.

Rolls for purposes of 72. (1) Every divisional returning officer after Council •elections. the issue of the writ and before the day of Jb. s. 175. nomination for any election for the Council for any

province 1950. Legislative Council Reform. No. 5465

province situate in whole or in part within the Commonwealth electoral division for which he acts as divisional returning officer, shall— (a) certify sign and transmit to the State returning officer for the province a printed copy (marked as hereinafter provided) of the roll last printed for each subdivision thereof situate within such Commonwealth electoral division; (b) alter such copy so that (except as to any additional names contained in the supplemental roll hereinafter provided for) such copy will correspond with the roll as in force at six o'clock in the afternoon on the day of the issue of the writ for any election for the Council; (c) prepare certify sign and transmit to the said State returning officer a printed copy of a supplemental roll containing the names of all persons whose names pursuant to claims for enrolment or transfer received at any time up to six o'clock in the afternoon on the day of issue of the writ have been added to the roll last printed. (2) Every such supplemental roll— (a) shall be in the prescribed form ; (b) shall have the names thereon arranged in alphabetical order of the surnames, with a number prefixed to each name beginning at the first name with the number next in arithmetical progression after the last number on the roll last printed and continuing in like progression to the last name on the supplemental roll. (3) For the purposes only of such election for the Council the copy of such roll last printed and altered if necessary as hereinbefore provided together with the copy of such supplemental roll (if any) transmitted to the returning officer shall b^, the electoral roll for the subdivision. (4) Every 34 1950. Legislative Council Reform. No. 5465

(4) Every electoral registrar shall comply with any direction of any such divisional returning officer given to enable such divisional returning officer to comply with the requirements of this section.

Extension and 73. Subject to and so far as necessary for tpplication of No. 3060 Part the purposes of this Division, the provisions of IV. Division 7 in relation to Division seven of Part IV. of this Act relating preparation &e. of rolls to the preparation maintenance printing revision to Council elections. and alteration of rolls shall with such adaptations as are necessary extend and apply to elections for the Council.

Special 74. Without affecting the generality of the provisions extension of No. 3060 s. 148 of the last preceding section, the provisions of section for purposes of rolls of one hundred and forty-eight of this Act shall extend electors for the Council. to empower the Governor in Council to arrange with the Governor General of the Commonwealth for the preparation alteration and revision of rolls of electors for the Council and the provisions of that section shall with such adaptations as are necessary apply for the purposes of the arrangement.

Correction 75. (1) Where any accidental or unavoidable of errors. Comp. No. 3660 impediment misfeasance or omission has happened in s.186. the preparation or transmission or printing of any roll under this Division the Governor in Council may by Order— (a) take all such measures as may be necessary for removing such impediment or rectifying such misfeasance or omission; or (b) declare any such roll valid as to and notwithstanding such impediment misfeasance or omission. (2) Every such Order in Council shall state specifically the nature of the impediment misfeasance or omission and shall be forthwith published in the Government Gazette.

.Regulations. 76. (1) The Governor in Council may make Comp. No. 3060 s. 187. regulations— (a) prescribing any forms required to be prescribed under this Division : (b) prescribing 1950. Legislative Council Reform. No. 5465 35

(b) prescribing any matters by this Division required or authorized to be prescribed ; and (c) generally for carrying the provisions of this Division into effect. (2) Any such regulation may impose a penalty of not more than Two pounds for any contravention thereof. (3) All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament, and a copy of all such regulations shall be posted to each member of Parhament." (2) The Principal Act as amended by any Act is hereby consequential v/ jr 11 J J J amendment of N( 66 amended as follows :— \5 i°no *„» as. 49, 192, 208, (a) In section forty-nine— 151; £ iSf. •v • i • /r»\ i /A\ r* ,i i 26th 29th (l) in sub-sections (o) and (4) tor the word schedules«« \ / \ / \ ' # nmcndcil by " divisions " (wherever occurring) there NM 4350 shall be substituted the word " sub- 4534; 4091; ... ,, 4849.

divisions ; 33 (ii) in paragraph (c) of sub-section (3) for (6) Section oneth ehundre wordd " andivisiond ninety-tw" theroe shalshalll be amended substituteas followds :th—e word " subdivision (i) In sub-section (1)— for the words " division of every province and each subdivision" there shall be substituted the words " subdivision of every province and " ; the words " division or" (wherever occurring) shall be repealed ; in paragraph (b) of the proviso for the words " division of a province or any subdivision" there shall be substituted the words " sub­ division of a province or " ; (ii) In 36 1950. Legislative Council Reform. No. 5465

(ii) In sub-section (2)— for the words " division of such province or any adjoining sub­ division of such" there shall be substituted the words " sub­ division of such province or " ; the words " division or" and "divisions or" shall be repealed; (c) In sub-paragraph (ii) of paragraph (b) of sub-section (2) of section two hundred and eight for the words " divisions of the province or for the several subdivisions " there shall be substituted the words " subdivisions of the province or " ; (d) In paragraph (a) of sub-section (1) of section two hundred and seventeen for the words " division of the province or the subdivision " there shall be substituted the words " subdivision of the province or " ; (e) In sub-paragraph (v.) of paragraph (b) of section two hundred and sixty-two and in sub­ paragraph (v.) of paragraph (6) of section two hundred and sixty-three the words " division or " shall be repealed; (/) Section two hundred and seventy-four shall be amended as follows :— (i) In paragraph (a) of sub-section (1) for the words " division of a province declared to be a mountainous division or in the case of any subdivision of a district" there shall be sub­ stituted the word " subdivision " ; (ii) In sub-section (4) for the words " division of a province to be a mountainous division or any subdivision of a district" there shall be substituted the word " subdivision " ; (g) In sub-section (1) of section two hundred and eighty-four for the words " division of the province or subdivision of the district" there shall be substituted the words " subdivision of the province or district" ; (h) In 1950. Legislative Council Reform. No. 5465 37

(h) In Form A of the Twenty-fifth Schedule for the word " division" (wherever occurring) there shall be substituted the word " subdivision " ; (i) In the Twenty-sixth and Twenty-ninth Schedules for the expression " Division [or Subdivision] " (wherever occurring) there shall be substituted the word " Subdivision ".

5- (1) For sections two hundred and twenty-two to New section two hundred and thirty-two of the Principal Act as amended substitutecHor by any Act and the headings above sections two hundred ^'222-232 and twenty-two and two hundred and thirty-three of the asamendecf by Principal Act there shall be substituted the following heading 2?s,4i846,°i5, and section :— ml I: l\

a DIVISION 10.—VOTING AT ELECTIONS.

232. (1) Every person whose name is on the electoral Voting at roll for any subdivision shall subject to the provisions Sections. of this Act be entitled at any election for the Council °°£$;No-36C0 to vote in such subdivision at any polling place for such subdivision : Provided that subject to this Act he shall in accordance with the provisions of this Act and any regulations thereunder with respect to voting by absent voters be permitted to vote at any other polling place in Victoria at which a polling booth is open if during the hours of polling he has not been and will not be within such subdivision under conditions which would permit of his voting at any polling place for such subdivision. (2) It shall not be lawful for any person on any day at any election or elections for the Council to vote more than once. (3) When any person has once voted in any sub­ division at any such election on any day, he shall not vote again in any subdivision whatever of any province at any poll adjourned from such day. (4) Every person guilty of a contravention of this section shall be liable to a penalty of not more than Fifty pounds or to imprisonment for a term of not more than three months. (5) All 38 1950. Legislative Council Reform. No. 5465

(5) All votes given at any election or elections by any person contrary to the provisions of this section shall be utterly void and of no effect. (6) Every returning officer and deputy shall have the like power and authority to deal with any person reasonably suspected of committing or attempting to commit an offence against any of the provisions of this section as he has to deal with any person reasonably suspected of committing or attempting to commit at any polling place any offences which are made misdemeanours by this Act."

Consequential (2) The Principal Act as amended by any Act is hereby amendment of No. 3060 ss. amended as follows :— 234-242 as amended by Nos. 4485 s. 2, (a) In sections two hundred and thirty-four and two 4584 ss. 2, 3, 4091 ss. 3, 4, hundred and thirty-five the words " for the 10. Provisions Assembly " shall be repealed ; relating to voting at elections, (b) In section two hundred and thirty-six— qualified unenrolled (i) the words " for the Assembly " (wherever voters and absent voting. occurring) shall be repealed ; (ii) for the words " electoral district" (wherever occurring) there shall be substituted the expression " electoral province [or district]"; (iii) for the words " district aforesaid" (wherever occurring) there shall be substituted the words " aforesaid province or district " ; (c) In section two hundred and thirty-seven— (i) after the words "this Division" there, shall be inserted the words "or of Division eleven " ; (ii) the words " for the Assembly " shall be repealed ; (d) In section two hundred and thirty-eight— (i) for the expression— " At any election for the Assembly— (1) Every " there shall be substituted the expression— " (1) At any election every " ; (ii) In 1950. Legislative Council Reform. No. 5465 39

(ii) In sub-section (3) the words " for the Assembly " shall be repealed ; (e) In sections two hundred and thirty-nine and two hundred and forty the words " for the Assembly " (wherever occurring) shall be repealed ; (/) Above section two hundred and forty-one there shall be inserted the following heading :—

" DIVISION 11.—VOTING BY QUALIFIED UNENROLLED VOTERS AND ABSENT VOTERS " ; (g) In sub-section (1) of section two hundred and forty-one— (i) the words "for the Assembly" (where first occurring) shall be repealed; (ii) before the words " Division seven " there shall be inserted the expression " Division seven of Part III. or " ; (iii) in paragraph (a) for the words " any election for the Assembly " there shall be substituted the words " such election " ; (h) In sub-section (2) of section two hundred and forty-one for the words " preceding provisions of this Division and all the provisions of Divisions " there shall be substituted the words " provisions of Divisions ten " ; (i) In paragraph (d) of sub-section (3) of section two hundred and forty-one for the word " district" there shall be substituted the expression " province or district (as the case requires) " ; (j) Section two hundred and forty-two shall be amended as follows :— (i) The words " for the Assembly " (wherever occurring) shall be repealed • (ii) In sub-section (1) for the word " district " there shall be substituted the expression " province or district (as the case requires) " ; (iii) In 40 1950. Legislative Council Reform. No. 5465

(iii) In sub-section (2)— for the words " electoral district" (wherever occurring) there shall be substituted the expression " electoral province [or district] " ; for the words " Legislative Assembly " there shall be substituted the expression " Legislative Council [or Legislative Assembly] " ; for the words " district in " there shall be substituted the words " province or district in" ; for the words " district aforesaid" (wherever occurring) there shall be substituted the words " aforesaid province or district " ; (iv) In sub-section (3)— the expression " Subject to the provisions of paragraph (b) of sub-section (5) of this section" shall be repealed ; in paragraph (c) for the word " district" there shall be sub­ stituted the expression " province or (as the case requires) district" ; (v) In sub-sections (4) and (6) for the word " district " (wherever occurring) there shall be substituted the words " province or district " ; (Jc) For the heading above section two hundred and forty-three there shall be substituted the following heading :—

(( DIVISION 12.—PROVISIONS RELATING TO ELECTIONS." Amendment of (3) The Principal Act as amended by any Act is No. 3660 J J as. 330-333 hereby amended as follows :— as amended by J NO. 4691 s. 3. (a) jn the heading above section three hundred and u 80ry vouug . thirty the words "FOR THE ASSEMBLY" shall be repealed ; (b) In section three hundred and thirty for the word " Assembly" (wherever occurring) there shall be substituted the words " Council or for the Assembly " ; (c) In 1950. Legislative Council Reform. No. 5465 41 (c) In section three hundred and thirty-one after the word " section" there shall be inserted the words " two hundred and thirty-two or section " ; (d) In section three hundred and thirty-two for the word " district" there shall be substituted the words " province or district" ; (e) In section three hundred and thirty-three— (i) for the word " district" there shall be substituted the words " province or district" ; (ii) the expression " (if any)" shall be repealed.

(4) Divisions one two and three of Part III. of and the Consequential Second and Third Schedules to the Legislative Council NOSO Elections Act 1935 are hereby repealed. Divisions i, 2, 3, and Second and Third Schedules. 6. (1) The Principal Act as amended by any Act IS Consequential ii i n p n amendments of hereby amended as follows :— NO.SOGO J ss. 1, 3, 47, 158, / \ T j.' 188, 193, 195, (a) In section one— 199,200,20/ 346, 358, and (i) opposite the reference to " Part III.— KM"""1- Legislative Council" for the items twenty-sixth relating to Divisions 7 and 8 there shall SedKa"1 be substituted the following item :— N^'SI 1 "Division 7.—Electoral Registrars 4533 s?5,8' and Rolls ss. 70-76 " ; 469i.9* (ii) opposite the reference to " Part V.— Elections" for the items relating to Divisions 10, 11, 12 and 20 there shall respectively be substituted the following items :— " Division 10.—Voting at Elections ss. 232-240 " ; "Division 11.—Voting by Qualified Unenrolled Voters and Absent Voters ss. 241 and 242 " ; " Division 12.—Provisions relating to Elections ss. 243-256 " ; " Division 20.—Compulsory VotinLb) Ing at Elections ss. 330-338 " ; 1950. Legislative Council Reform. No. 5465

(b) In section three— (i) the interpretations of "Clerk" "Division" "Municipality" "Municipal district" and " Deputy Registrar" shall be repealed ; (ii) for the interpretation of " Subdivision " there shall be substituted the following interpretation :— " ' Subdivision ' means subdivision of a province or district and includes any unsubdivided district " ; (c) In section forty-seven the interpretations of " Lessee " and " assignee", " Occupying tenant" and " Owner " shall be repealed ; (d) In section one hundred and fifty-eight the words " all officers of any municipality" shall be repealed ; (e) In section one hundred and eighty-eight the words " lists and " shall be repealed ; (/) Section one hundred and ninety-three shall be amended as follows :— (i) At the end of sub-section (1) there shall be inserted the words " and shall be issued within seven days after the dissolution of the Council" ; (ii) In paragraph (d) of sub-section (3) for the word " fourteen" there shall be substituted the word " twenty-one " ; (iii) At the end of the section there shall be inserted the following sub-section :— " (5) The writ for every election to fill the place of a member of the Council falling vacant, otherwise than either by effluxion of time or on a dissolution of the Council, shall be issued within one month after the occurrence of the vacancy " ; 1950. Legislative Council Reform. No. 5465 43

(g) In sub-section (1) of section one hundred and ninety-nine after the word " general" there shall be inserted the words " or periodical " ; (h) For section two hundred there shall be substituted the following section :— " 200. The returning officer, on receipt by him of any writ of election, shall forthwith— (a) indorse thereon the date of such receipt; and (b) give public notice, by advertisement in some newspaper published in the province or district, or if none such is published at least four days before the day of nomination then in a Melbourne daily newspaper, of the purport of the writ and of the day of nomination the day of polling and the return day respectively mentioned therein, and also of a place within the province or district to be appointed by such returning officer at which he will receive the nomination papers and payments hereinafter men­ tioned " ; (i) Section two hundred and four shall be repealed; (j) In sub-section (1) of section three hundred and forty-six— (i) the words " two hundred and twenty-six, or two hundred and thirty, or " shall be repealed ; (h) the expression " or under section twelve or fifteen of the Legislative Council Elections Act 1935 " shall be repealed ; (k) In sub-section (3) of section three hundred and fifty-eight the expression " (upon making the declaration required by law as to his qualification) " shall be repealed ; (I) The Fourth, Fifth, and Fifteenth Schedules shall be repealed ; (m) In 44 1950. Legislative Council Reform. No. 5465

(m) In the Twenty-sixth Schedule—• (i) the expression " General Roll No. , Ratepayers' Roll No. " shall be repealed; (ii) for the expression " [or No. of Application. Roll No. ]" there shall be substituted the expression " Roll No. " ; (n) In the Twenty-ninth Schedule for the expression " the Roll (or in the Roll) " there shall be substituted the words " the Roll".

No. 4350 (2) Part II. of the Legislative Council Elections Act 1935 Pt.II. is hereby repealed. (3) The Legislative Council Electors Act 1938 is hereby No. 4563. repealed. (4) Section four of and the Schedule to the Local Si schedule. Government Act 1938 to the extent to which they are not see NO. 5203 already repealed are hereby repealed. Flint Schedule. J i. J x

PART II.—RE-DEFINITION OP BOUNDARIES OP ELECTORAL PROVINCES FOR LEGISLATIVE COUNCIL.

Itc-definition 7. In order to enable rolls of electors for the Legislative of electoral Assembly to be used for elections for the Legislative Council, Legislative the boundaries of the electoral provinces for the Legislative conlj," NO. 5028 Council provided for in the Principal Act shall be re-defined B-2- in manner hereinafter provided.

CommJHsioiierH. 8. (1) For the purposes of the re-definition of the comj). NO. 5028 fooim(iarics 0f electoral provinces in accordance with this Act there shall be three Commissioners appointed by the Governor in Council. (2) Of the Commissioners so appointed— (a) one shall be the Chief Electoral Officer; (b) one shall be the Commonwealth Electoral Officer for the State of Victoria; and (c) one shall be the Secretary for Lands. (3) The Governor in Council may appoint one of the Commissioners to be chairman.

9. At 1950. Legislative Council Reform. No. 5465 45

9. At all meetings of the Commissioners the chairman Proceedings at if present shall preside and in his absence the Commissioners Commissioners. present shall appoint one of their number to preside, and comp.No.502s at all such meetings two Commissioners shall be a quorum and shall have full power to act, and in the event of an equality of votes the chairman or presiding Commissioner shall have a second or casting vote.

10. (1) The Commissioners shall make a proposed Commissioners a re-definition of the boundaries of the electoral provinces [°roSd for the purpose and to the extent only of making the of boundaries boundaries of each province correspond with boundaries of SovSes?1 subdivisions of districts for the Legislative Assembly. (2) In any case where the Commissioners are of opinion that the re-definition of a boundary of any province to correspond with a boundary of an existing subdivision of a district for the Legislative Assembly would involve a marked or inconvenient departure from the existing boundary of the province the Commissioners may as part of and in furtherance of their proposed re-definition propose that the district for the Legislative Assembly should be suitably re-divided or that the boundary of any subdivision of the district should be suitably altered pursuant to section one hundred and fifty of the Principal Act. (3) The boundaries of any province shall not be re-defined in such a way as to include within the province any sub­ division of the Legislative Assembly which was not previously included either wholly or in part within the province. (4) Nothing in this Part of this Act shall authorize the Commissioners to propose any alteration of the name of any electoral province.

11. Before reporting as hereinafter provided on any power to T T n '•' /i /N •• T_j.' l Commissioners proposed re-definition the Commissioners may obtain such to obtain reports as they deem proper and make such inspections as maKe^ssary L J 1. i. i inspections. are necessary. Comp. No. 4409 s. 6. 12. The Commissioners shall forward to the Minister Report of ,i . ,n T T p •, • , ,i •,! Commissioners. their report upon the proposed re-derinition together with Ib 8 7# a map signed by the Commissioners showing the name and the proposed boundaries of each electoral province. 13. The 46 1950. Legislative Council Reform. No. 5465

Report and 13. The report and map shall be laid before both Houses map to be laid before of Parliament within fourteen days after receipt by the Parliament. Comp. No. 4409 Minister if Parliament is then sitting or if Parliament is a. 8. not then sitting within fourteen days after the next meeting of Parliament.

Adoption of 14. (1) Unless within twenty-eight days after the report propoBal. and map are so laid before the Legislative Council each House of Parliament passes a resolution disapproving the proposed re-definition or negatives a motion for the approval of the proposed re-definition the proposed re-definition shall be deemed to be adopted.

Reconsideration (2) If each House of Parliament passes a resolution of proposal. disapproving the proposed re-definition or negatives a motion for the approval of the proposed re-definition the Minister may direct the Commissioners to propose a fresh re-definition ; and the Commissioners shall thereupon reconsider the re-definition and forthwith propose a fresh re-definition.

Fresh proposal (3) The Commissioners shall forward the proposed fresh to be laid before re-definition to the Minister who shall cause it to be laid Parliament. before both Houses of Parliament within fourteen days after receipt thereof if Parliament is then sitting, or if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

Adoption of (4) Unless within twenty-eight days after the proposed fresh proposal. fresh re-definition is so laid before the Legislative Council each House of Parliament passes a resolution disapproving the proposed fresh re-definition or negatives a motion for the approval of the proposed fresh re-definition, the proposed fresh re-definition shall be deemed to be adopted.

Proclamation 15. (1) When the proposed re-definition or the proposed of electoral provinces. fresh re-definition is so adopted or deemed to be adopted ?iop*(i?.°" 440° anc^ any proclamation under section one hundred and fifty of the Principal Act rendered necessary by the adoption of any such re-definition is made— (a) the Governor in Council may by proclamation published in the Government Gazette declare the boundaries of the electoral provinces : Substitution (b) on from and after a day to be fixed by proclamation of and boundaries of the Governor in Council published in the declared for those Government Gazette (which day is in this Act previously existing. referred to as " the appointed day") the electoral 1950. Legislative Council Reform. No. 5465 47

electoral provinces as so re-defined shall be the electoral provinces for the Legislative Council for the purposes of The Constitution Act Amendment Acts ; and the boundaries so declared shall be substituted for those provided for in and shall take effect as if enacted in the Third Schedule JTO. 3oeo Third i ii T> • • l A J. i i? • Schedule. to the Principal Act; and any reierence in the Principal Act or in any other Act to the said Third Schedule so far as such reference relates to provinces shall be deemed and taken to refer to the said proclamation : Provided that the re-definition shall not Provisions np , ij_' 1.1 ' ±_ c i*i for casual ariect any election, the writ for which was vacancies. issued before the appointed day, of a member of the Legislative Council to serve in the place of a member whose seat has become vacant but for the purposes of any such election the electoral provinces and any divisions as existing before the appointed day shall continue to have full force and effect and rolls for such election shall be prepared and used accordingly as if there had been no such re-definition. (2) The provinces for the Legislative Council shall Re-doflned be deemed to be the same provinces notwithstanding the deemed to be c? fchfi sums re-definition of the boundaries thereof pursuant to this provinces and i. to be Part, and the members therefor immediately before the represented appointed day shall continue as members for the re-defined members. provinces and their tenure as members shall not be deemed to be affected by reason of such re-definition. 16. (1) As soon as practicable after the publication in Appointment of subdivisions the Government Gazette of a proclamation of the G-overnor and polling- in Council declaring the boundaries of the re-defined electoral provinces as aforesaid— (a) the Governor in Council may by proclamation published in the Government Gazette— (i) divide any electoral province into subdivisions each of which shall correspond with a subdivision of an electoral district; (ii) specify the names and boundaries of such subdivisions ; (6) polling 48 1950. Legislative Council Reform. No. 5465

Transitory (b) polling places shall be appointed pursuant to section proviBions. Qne hundred and ninety-two of the Principal Act for the several electoral provinces and subdivisions proclaimed pursuant to this Part of this Act. (2) On from and after the appointed day— (a) all rolls for the Legislative Council in force immediately before the appointed day shall cease to have any further force or effect; (b) rolls for elections of members of the Legislative Council shall be prepared pursuant to Division seven of Part III. of the Principal Act as amended by Part I. of this Act; (c) the subdivisions as proclaimed under this section shall be the subdivisions of the electoral provinces with the boundaries so proclaimed in all respects as if such proclamation had been made under section forty-nine of the Principal Act; and (d) the polling places appointed for the subdivisions so proclaimed shall subject to section one hundred and ninety-two of the Principal Act be the polling places for such subdivisions.

General powers 17. Without affecting any powers of the Governor in in Council. Council or the Minister under this or any other Act the comp. NO. 4409 Governor in Council may- fa) by Order give such directions or provide for all such matters or things as appear necessary or expedient for the purposes of the first periodical election of members of the Legislative Council held after the appointed day or for the purpose of any other election for the Legislative Council held after that day and before that periodical election or generally for the purposes of carrying into effect any of the provisions of this Act; (6) modify any provisions of any proclamation Order in Council or regulation under any Act so far as appears necessary or expedient to give effect to any direction or Order under this section. 18. (1) On 1950. Legislative Council Reform. No. 5465 49

me n d me n of 18. (1) On the appointed day in section forty-nine of ^ 3 0 0 s ^9 ag the Principal Act as amended by any Act— amended by" x J J No. 4350 s. 4. (a) at the end of sub-section (3) there shall be inserted subSfon"01 the following proviso :— " Provided that each subdivision of a province shall correspond with a subdivision of an electoral district " ; (b) sub-section (5) shall be repealed.

(2) On the appointed day at the end of sub-section (1) Amendment of of section one hundred and fifty of the Principal Act there Power of Governor in shall be inserted the following proviso :— Council as to subdivisions " Provided that nothing in this sub-section shall of Sets3 empower the Governor in Council to alter the boundary of any subdivision where that boundary corresponds with the boundary of a province of the Legislative Council." (3) On the appointed day so much of the Third Schedule Repeal of to the Principal Act as relates to divisions of electoral Thw schedule so far as relates to provinces shall be repealed. divisions of electoral provinces. 0 n s e q ential (4) On the appointed day sections two to twelve of ?e p e a i of The Constitution Act Amendment Act 1936 shall be hereby ^J^40989- repealed.