Western Australian Consolidated Acts

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ELECTORAL ACT 1907 - SECT 213

213 .         Regulations generally

        (1)         The Governor may make regulations for carrying out this Act, and prescribing forms for use under this Act.

        [(2)         deleted]

        (3)         In subsections (4) to (8) ballot paper regulations means regulations made for the purposes of section 113(1).

        (4)         Either House of the Parliament, within 14 sitting days of that House after ballot paper regulations have been laid before that House under section 42(1) of the Interpretation Act 1984 , may, in pursuance of a motion upon notice, pass a resolution disallowing the regulations.

        (5)         Where — 

            (a)         a notice referred to in subsection (4) is given with respect to ballot paper regulations; and

            (b)         at the expiration of the period during which a resolution disallowing the regulations could have been passed — 

                  (i)         the notice has not been withdrawn and the relevant motion has not been called on; or

                  (ii)         the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

                the regulations shall be deemed to have been disallowed.

        (6)         If — 

            (a)         neither House of the Parliament passes a resolution in accordance with subsection (4) disallowing ballot paper regulations; and

            (b)         the regulations have not been deemed to have been disallowed under subsection (5),

                the regulations take effect on the day immediately following the last day upon which a resolution disallowing them could have been passed or on such later day as is specified or provided for in the regulations.

        (7)         If, before the expiration of 14 sitting days of a House of the Parliament after ballot paper regulations have been laid before that House — 

            (a)         that House, being the Legislative Assembly, is dissolved or expires, or the Parliament is prorogued; and

            (b)         a resolution for the disallowance of the regulations has not been passed by that House,

                the regulations shall, for the purposes of this section, be deemed to have been laid before that House on the first sitting day of that House after the dissolution, expiry or prorogation, as the case may be.

        (8)         Sections 41(1)(b) and 42(2) to (8) of the Interpretation Act 1984 do not apply to ballot paper regulations.

        [Section 213 amended by No. 44 of 1911 s. 41; No. 33 of 1964 s. 39; No. 40 of 1987 s. 82; No. 79 of 1987 s. 76; No. 36 of 2000 s. 81(1).]



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