City of Perth Restructuring (Postal Elections) Regulations 1995 (WA)
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WESTERN 541 AUSTRALIAN
GOVERNMENT A
| PERTH. FRIDAY 17 FEBRUARY 1995 No. 23 SPECIAL | azet |
PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 5.00 PM
CITY OF PERTH RESTRUCTURING ACT 1993
CITY OF PERTH
RESTRUCTURING
REGULATIONS 1995 (POSTAL ELECTIONS)
17 February 19951 GOVERNMENT GAZETTE, WA 543 CITY OF PERTH RESTRUCTURING ACT 1993
CITY OF PERTH RESTRUCTURING (POSCAZ, ELECTIONS) REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the City of Perth Restructuring (Postal
Elections) Regulations 1995.
Interpretation
2. (1) A term used in regulation 3 or 4 has the same me- as it has in section 12B of the Act.
(2) In these regulations - "Formn means a Form in the Schedule to the principal regulations;
"principal Actn means the Local Government Act 1960;"principal regulationsn means the Local Government (Electoral)
Regulations 1984.
Application
3. (1) These regulations ap ly to elections for municipalities in the
circumstances set out in subregJations (2) and (3) and not otherwise.
for a municipality will be conducted as postal elections has effect, these (2) If a decision under section 12B (2) of the Act that the first e l e c t i o~~ regulations apply in relation to those elections.
election will be conducted as a postal election has effect, these regulations (3) If a decision under section 12B (3) of the Act that a subsequent apply in relation to that election.
Provisions of the Local Government Act 1960 modified or disapplied 4. (1) The provisions of the principal Act set out in column 1 of
Schedule 1 are modified or disapplied as set out in column 2 of Schedule 1,
the case of the first elections. (2) The modification of section 46 (1) of the principal Act only applies in Forms in the Local Government (Electoral) Regulafiom 1984 modified
or disapplied6. The Forms are modified or disapplied as set out in Schedule 2.
544 GOVERNMENT GAZETTE, WA [17 February 1995
SCHEDULE 1
Eiegulation 41
Local Government Act 1960
Column 1 Column 2 Provision Modification or disapplication s. 6 (1) In the definition of "electoral officer" delete "early, absent and postal". s. 42 (1) Delete "77th and substitute -
9,
" 58th
s. 42 (2) Delete "56th" and substitute -
77
" 51st
s. 42 (3) Delete "71styy and substitute -
93
" 52nd
s. 43 (2) (a) Delete "71st" and substitute -
7,
" 52nd .
s. 43 (2) (b) (i) Delete "71st7' and substitute -
97
" 52nd
s. 43 (2) (c) (ii) Delete "71st" and substitute -
9,
" 52nd
s. 43A (1) Delete "107 (41, 115 (3), 119 (3), 122 (5) or 125 (2)" and substitute - 97
" 121A (6) (a)
and substitute - Delete "107 (4) (a), 115 (3) (a), 119 (31, 122 (5) or 125 (2)" n
" 121A (6) (a) Delete "107 (4) (a), 115 (3) (a), 119 (3), 122 (5) or 125 (2)"
and substitute -n
' 121A (6) (a) Delete "77th day" and substitute -
99
" 58th day Delete "71st day" and substitute -
79
" 52nd day
17 February 19951 GOVERNMENT GAZETTE, WA 545
Delete "early, absent and postal voting papersy' and substitute - " voting apers for elections for the municip&ty and voting papers under
section 121C and absent votmg papers for n elections for other municipalities
s. 89 (4) (c) Delete paragraphs (c) and (d) and substitute - and (dl
"
(c)
that the principal method of casting votes at the election will be by post;
(d) the olling place or places a
for t K e purposes of section f!iEF%: n the election,
Delete subsection (1) and substitute -
66 a pointed as a ollin place for the purposes (1) The office of the returning officer is
of section 1211 an% the returning officer
may ap oint another polling place or polling n
places ? or those purposes.
Delete "council or the".
Delete "vote" and substitute -
7s
" apply for voting papers Delete section 100 and substitute -
"Voting to be by post
100. At an election held to fill a vacancy in office of member of a council an elector
may cast a vote by posting ~ t , or causing it to 39 be delivered, to the retunung officer.
Delete ", the council office and any additional place
appointed for the casting of early votes,". Delete "paragraph (b) of subsection (1) of section 108" and substitute -
79
" section 122 (7) (el Delete subsection (3) and substitute -
C L(3) A candidate shall not act as a
scrutineer at a polling place during the
hours between 8 a.m. and 6 p.m. on polling
day and during those hours may only enter
or remain in a olling place for the purpose
of applying !& voting papers under 77 section 121A.
546 GOVERNMENT GAZETTE, WA 117 February 1995
Delete "vote" and substitute -
n
" apply for voting papers After section 102 (4) insert -
66
(5) In this section -
polli in^ %lace9' includes a place at w c voting papers are checked.
Delete "early, absent or postal"
Delete "subsection (2) of section 107" and substitute -
" section 121A (4) ,9 Delete subsection (1) and substitute -
66
(1) The returnin officer shall cause to
be provided such % allot boxes as are 9, necessary for the receipt of voting papers.
Delete "early, absent or postal".
ss. 107 and 108 Sections 107 and 108 do not apply. Part IV, Subdivision I (sections 111 to 113) does not apply. Division 3,
Subdivision IPart IV, In the heading delete "Other Than on Election Day". Division 3,
Subdivision Jss. 114 to 120 Sections 114, 115, 116, 117, 118, 119 and 120 do not
apply.ss. 121 to 121C Delete section 121 and substitute - "
Issue of voting papers by post 121. (1) Subject to sections 12LA to 121C, voting apers for elections shall be issued under t&s section and not otherwise.
fourth day after nomination da the (2) As soon as is practicable after the returning officer shall arrange r an election package to be posted to each elector for whom the returning officer has a recorded address. (3) An election package under subsection (2) is to contain -
(a) voting instructions in the
prescribed form;
17 February 19951 GOVERNMENT GAZETTE, WA 547
(b) if a candidate has supplied an election statement to the
returning officer on or before nominat~on day, a copy of that statement;
(c) a ballot paper; (d) a ballot paper envelope on which a vote certificate in the
prescribed form is printed; and
(e)
a posta e pre- aid , envelope addresses to %e returning officer.
(4) In subsection (3) (b) - "election statement" means a
statement about the candidate of not more than 150 words with or without a suitable recent
hotograph of the candidate's
&ad or head and shoulders.
(5) The returnin officer shall cause a
whom election packages have been sent record to be made an d kept of the electors to under subsection (2). Application for voting papers by elector on roll
12lA. (1) A person who claims to be entitled to vote at an election and claims -
(a) not to have received a ballot
paper under section 121; or ..
(b) that the ballot paper issued to
the person under section 121 has - been lost, destroyed or spoilt, may apply for voting papers or new voting
papers, as the case may be.
may be made, in person, to - (2) An application under subsection (1)
(a) of the returning officer during an electoral officer at the office normal office hours within the
eriod commencing on the 11th
Xay following nomination ddayand terminating on the day pnor
to the polling day; or. .
548 GOVERNMENT GAZETTE. WA 117 February 1995 an electoral officer at a polling
(b) place when it is open on the polling day.
The person shall make a declaration form printed on a postage pre-pai envelope a addressed to the returning officer. before the electoral officer in the rescribed (3) (4) The electoral officer may but if requested to do so by a scrutineer s h , ask the person all or any of the following questions -
(a) What is your name and address? (b) Are you the person whose name appears as (here state the name) on the electoral roll of the (here state the name of the district or ward as the case requires)?
Have you attained the age of 18
(c) years? (dl Have you already voted at this election? (5) If the person - (a)
does not answer such of the ques t ions ment ioned i n
person; subsection (4) as am put to the (b)
answers the questions but the answers do not, in the opinion of the electoral officer, establish the person's right to vote; or
(c) does not make a declaration under subsection (3),
the electoral officer shall not give an election
package to the person.
(6) If the person satisfies the electoral
officer that the person is entitled to vote, and has not already voted, at the election, the electoral officer shall -
(a) b a mark against the name of subject to section 43A, indicate t ie person on the electoral roll being used for the purpose of the election, that an election package is being given to that person;
17 February 19951 GOVERNMENT GAZETTE, WA 549
(b) complete the necessary details relating to the person on the vote certificate on a ballot paper envelope; and (c) give the aostage pre-paid envelope an the ballot paper envelope to the person in an election package containing the other papers referred to in
section 121 (3). Application for voting papers by person not on roll
121B. (1) A person who a plies for
voting apers under section 121A ut whose %
name oes not ap a ar on the electoral roll of
the municipality s l? all be given voting papers if the person is otherwise eligible to vote and if the person's name should appear on that electoral roll but was omitted in error.
before the electoral officer in the rescribed (2)
The person shall make a declaration form printed on a postage pre-pai envelope
B
addressed to the returning officer.
(3) In determinin whether a person is electoral officer may have regard, in addition
entitled to vote un if er this section the
to the declaration made under subsection (2), to-
(a) a reviously compiled electoral
r0lECb)
an advice sent to the person pursuant to section 38 (1) or (3);
(c) an electoral roll or other document pre ared under the Electoral Act 1h1: or (dl that the officer considers any other document or material relevant. If the person satisfies the electoral the election, the officer shall -
officer that the person is entitled to vote at (4)
(a)
complete the necessaxy details relating to the person on the vote certificate on a ballot paper envelope; and
550 GOVERNMENT GAZETTE, WA 117 February 1995 6) give the gostage pre-paid envelope an the ballot paper envelope to the person in an election package containing the other papers referred to in
section 121 (3).
(5) Where the application of any person
pa rs under this sedion is
rejected, t e e ectoral officer b whom the vOti% P"
application is rejected shall en $ orse on the declaration or on a paper attached to it the reason for the rejection and shall sign the endorsement. A plication for voting papers by absent
e f ector 121C. (1) If a person who is an elector of a municipality has reason to believe that he or she will not be able to use voting papers sent under section 121 to cast a vote
at an election for that municipality, and will not be able to apply for voting papers under section 1214 the person ma apply for voting papers at the office of t i e council of another municipality.
shall be ma& to an appropriate electoral (2) An a plication under subsection (I) officer of the other municipality duri
normal o5ce hours within the
commencing on the 11th day fo
nomination day and terminating at 4
in the afternoon of the 3rd day prior to the
polling day.before the electoral officer in the rescribed (3) The person shall make a declaration form printed on a postage pre-pai d' envelo e
held. municipality for which the election is being addressed to the returning officer of t i e
officer that the person is entitled to vote at (4) If the person satisfies the electoral the election, the electoral officer shall -
(a)
complete the necessary details relating to the person on the vote certificate on a ballot paper envelope; and
Cb)
give the p s t a g e pre-paid envelope an the ballot paper envelope to the person in an election . package containing
17 F e b m 19951 GOVERNMENT GAZETTE, WA 551 voting instructions in the prescribed form and a ballot paper.
under this section shall find out the names (5) A person who obtains voting papers
of the candidates and the other relevant details of the election and shall write the names of the candidates on the ballot paper.
obtained under this section shal not be (6) A vote cast using votinf papers rejected by reason on1 of the names of the
on the ballot paper or of any mistake in the candidates not being r isted in correct order spelling of the names of the candidates if the
intention of the elector is clear.
s. 122 (1) to (6) Section 122 (11, (21, (3), (41, (5) and (6) do not apply.
s. 122 (7) Delete "postaln wherever it occurs.
s. 122 (7) (d) Delete "envelo upon which the certificate has been
completedn an b" substitute - 1)
" postage pre-paid envelope
s. 122 (7)
(e)
Delete "envelo e upon which the certificate has been completed" an d' substitute -
" postage pre-paid envelope ". s. 122
After subsection (7) insert - u
(8) Without limiting subsection (7) (dl envelope to the returning officer may be or (e), delivery of the postage pre-pmd
effected by delivering the envelope to an
electoral officer at a lling place between
the hours of 8 a.m. an$% p.m. on the polling n day.
Delete "postal". Delete section 124 and substitute - " Duty of witness 124. (1) A person who witnesses the signature of a person ('%he voter") on a vote certificate without seeing the voter sign the certificate in the voter's own handwriting, commits an offence. (2) A person who witnesses the
signature of a person ("the vote*) on a vote
certificate commits an offence if the pemnin any way applies or attempts to apply
undue influence on the voter.
552 GOVERNMENT GAZETTE, WA 117 February 1995
officer, who witnesses the signatures of more (3) A person, other than an electoraI than 10 people on vote certificates relating
n
to the same election commits an offence.
After section 124A insert - " Elections on same day
124B. (1) In this section - "mayoral electionn means the
election of a mayor of a
municipality;
"ward electionw means the election of a councillor or muncillors for a
ward of a municipality.
election and a mayoral election for a (2) Subject to subsection (3), if a ward
municipality are to be held on the same day and a erson is, or claims to be, entitled to vote a t s o h elections -
one application and declaration m a y b e m a d e u n d e r section 121& 121B or 121C in relation to both elections;
the election package posted or given to the person under
section 121, 121& 121B or 121C
shall contain a ballot paper for
each election; andwhen votes have been recorded on both ballot papers they shaU be inserted in the same ballot p a p e r e n v e l o p e u n d e r
case may be. section 122 (7) (dl or (el, as the
(3) If 2 ward elections and a ma oral the same day and a person is, or claims to
election for a municipality are to be he d on r
be, entitled to vote at all of the elections - ,
(a) subsection (2) applies to the person in relation to the mayoral election and one of the ward elections; and 03) this Act applies to the person in
relation to the other ward
election as if the mayoral n election were not being held.
17 February 19951 GOVERNMENT GAZETTE, WA 553 Delete section 125 and substitute -
"Closing time for voting papers
125. Voting papers cannot be acce ted by the returning officer if recewed &r the
returning officer or an electoral officer after
6 p.m. on the polling day.
s. 126 Delete "postal" in both places. Part IV, In the heading to Subdivision K delete 'Voting Other Division 3 Than on Election Day- General Provisions" and
substitute -
" Checking Voting Papers n ss. 127 and 128 Sections 127 and 128 do not apply. ss. 129 and 130 Delete the sections and substitute - " Times and places for checking voting
Papem129. (1) The returning officer may check
voting apers at any time after they are receivezbefore the polling day, at times and places notified in writing to each candidate.
(2) As soon as practicable after the
close of the poll, the returning officer shall,at the chief polling place, check all voting
apers which have been received u
#p.m. on the pol day and which ave g "
not previously been c ecked. 9 Procedure for checking voting papers
1 (1) In checking voting papers the officer shall take each postage
subsection (2) - envelope and, subject to
(a) shall remove the ballot paper envelope from the postage pm- aid envelope and relam the
ratter if it has a declaration
under section 121A (3), 121B (2) or 121C (3) on it;(b) if satisfied that the vote certificate on the ballot aper
envelope is completed' in accordance with this Act and that a ballot paper envelo has not already been a c c e P ~ h m
the person, s-' -acppt the
664 GOVERNMENT GAZETTE, WA El7 February 1995 ballot paper in the ballot paper envelo for further scrutiny but, r n o t so satisfied, shad opening the envelope in which it reject the ballot paper without
is contained;
shall cause a record to be kept and maintained of persons from whom ballot pa r envelopes have been accePta$?and
shall detach the vote certificates
from the ballot paper envelopes
which have been accepted for further scrutiny and, without opening the ballot pa e r envelopes or allowin any o er t i
person to do so s h d place t h e envelopes in a ballot box.
a declaration by a person under % If the postage pre-paid envelope has
section 121C (3) on it, the returning officer shall not deal with the envelope under the name of the person is registered on the subsection (1) (a) to (dl unless satisfied that
&&0ral roll. n Delete "and examine and count the ballot papers
contained in themn and substitute -a
, remove the ballot papers h m the ballot a r envelopes and examine and count the Lr
ot papers n
After subsection (2) insert -
"
(3) Subsection (2) does not ap ly to a ballot paper envelope in which & ballot papers w inserted as required by
n
section 124B (c).
Delete "early, absent and postal votes and votes recorded pursuant to Subdivision I of this Division," and substitute -
"voting papers, the records kept as required
by swhons 121 (6) and 130 (c),
Section 154C (1) (a) and (b) do not apply.
Delete "an early, absent ox postal vote" and substitute -
n
" avote
17 February 19951 GOVERNMENT GAZETTE, WA 555
s. 154C (1) (el Delete "postal". s. 154E (1) Delete "an early, absent or postal vote" and
substitute -
SCHEDUWE 2
IJkgdation 53
Local Government (Electoral) Regulations 1984
I. In Form 1 -
(a) delete "POSTAL ADDRESSn and substitute - (1
FORMER NAME(S) (if changed since 31.1.1993)
SEX Male*/Female*RESIDENTIAL ADDRESS
POSTCODE
POSTAL ADDRESS (if
different from residential) POSIY)X)DE n. ,
and
Cb) in paragraph (a), before "I" insert - n
" I w a s b o r n o n l I and
2. In Form 7 -
(a) delete "118 (3)" and substitute - ".
" 121C (3) 9
(b) delete "ABSENT VOTE BALLOT PAPER" and insert - " BALLOT PAPER FOR ABSENT ELECTOR "; and
(c) delete the last paragraph of the inetructioru. 3. In Form 10 delete "Early/Postal".
| 556 | GOVERNMENT GAZETTE, WA | [17 February 1995 |
4. Delete Form 12 and substitute -
Form 12
Local Government Act 1960 [Section 121A (311
DECLARATION BY APPLICANT FOR REPLACEMENT
VOTING PAPERS
Surname or
Family name
AU Christian or
Given names
Former Name (if changed since 31/1/1993.) Tick appropriate box
Male a Female
Residential
Address
Postal Address ' (if werent from residential) Postcode I declare that - (a) I am an elector on the electoral roU for the above municipality and ward* but:
Tick appropricrte bax
a I have not received the postal vote ballot papu(sP for
the forthcoming election(s)* for the above municipality.
17 February 19951 GOVERNMENT GAZETTE, WA 557
a MY pas, vote certificatmlot paper envelope* ~Z IS been destroyed/lost/spoilt*.
and
(b) I have attained the age of 18 years. and
(c) I have not already voted at the election(s)*. *Delete that which is not applicable
1 1 Date Signature of Applicant
Signed and declared before
meon I I
Signature of Returning/
Electoral OEcer
Form 12A
[Section 1213 (2)1
Local Government Act 1960
DECLARATION BY APPLICANT FOR VOTING PAPERS WHO
IS NOT ON ROLL
Municipality 1 - 1 d 1 Surname or
Family name
AU Christian or Given names I Former Name (if changed since
311V1993.)
Tick appmpriate baz
Mde 0 Female a
| 558 | GOVERNMENT GAZETTE, WA | I17 February 1995 |
Residential
Address
Postcode
Postal Address
(if different from
I declare that -
I am eli 'ble to be registered as an elector on the eledoral roll for the gave municipality and ward* as -
Tick appropriate b a
a A resident at the above address. 0
An o w n e r l ~ ~ ~ ~ p i e r * of the following rateable p r o m
but my name has been incorrectly omitted b m the roll. and I have attained the age of 18 years.
and
I have not already voted at the election(s)*.
*Delete that which is not applicable Signature of Applicant
Signed and declared befoxe
me on / 1
Signature of Returning!
Electoral Officer5. Form 13 does not apply.
17 February 19951 GOVERNMENT GAZETTE, WA 559 6. Delete Form 14 and substitute -
44
Form 14
Local Government Act 1960 [Section 121C (311
DECLARATION BY APPLICANT FOR VOTING PAPERS
WHO IS ABSENT
Surname or
Family name I AU Christian or Given names I 3ll111993.) Former Name (if changed since Tick appropriate bar:
Male a Female a
Residential
Address
Postwde
Postal Address ' (if different from residential) Postcode I declare that - I am an elector on the electoral roll for the above municipality
(a) and ward* but I have reason to believe that I will not be able to
use voting pa ers posted to me to vote at the election(s)* and will not be abk to obtain voting papers by a plying, in person, to the returning officer or at a polling place !or the election(8r.
and
(b) I have attained the age of 18 years. and
| 560 | GOVERNMENT GAZETTE, WA | [17 February 1995 |
(c) I have not already voted at the election($*. *Delete that which is not applicable
1 1
Date / Signature of Applicant
Signed and declared before
meon 1 1 Signature of Returning1
Electoral Officer rn 7. Form 15 does not apply.
8. In Form 15A-
delete "Section 122 (4) and substitute -
37. 7
" Section 121 (3) (a) delete "Postal" wherever it occurs;
in the first paragraph delete "As a result of your application for
postal voting papers, the" and substitute -
n.
" The 9 in the first paragraph, delete "postal vote certificaten and
substitute -
" postage pre-paid 77. y in instruction 1 on the first page, delete "postal vote certificate
envelope" and substitute -
" vote certificate (which is printed on the ballot paper
envelope) ~ 9 . y in instruction 2 on the first page, delete "postal" and "envelope";
in instruction 5 on the first page -
(i) delete "envelo upon which the postal vote certificate has been cornpleteg and substitute -
" postage pre-paid envelope "; and (ii) delete "completed postal vote certificate" and substitute -
" postage pre-paid n. 9
17 February 19951 GOVERNMENT GAZETTE, WA 561
(h) in instruction 2 on the second page, delete "envelope upon which the postal vote certificate has been completed" and substitute -
" postage pre-paid envelope "; and B) in instruction 3 on the second page, delete "postal vote certificate" and substitute -
77
" postage pre-paid
9. Delete Form 16 and substitute -
Form 16
[Section 121 (3) (dl]
Local Government Act 1960
VOTE CERTIFICATE
Elector to sign Witness to complete
I am the person named below I have attained the age of on this envelope 18 years This envelope is to contain I am not a candidate for my ballot papeds) authorized to act for a election and am not candidate --
1 Full name of witness I 1 Address of witness I
1 Date I ' 1 Signature of witness Electoral officer to complete
I Full name of elector I Address of elector I By His Excellency's Command,
M. C . WAUCHOPE, Clerk of the Council.
Dated 14 February 1995.
0
0
0