Electoral Act Amendment Act 1970 (WA)

No. 28.] Electoral. [1970.

ELECTORAL.

No. 28 of 1970.

AN ACT to amend the Electoral Act, 1907-1967.

[Assented to 20th May, 1970.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Electoral

Act Amendment Act, 1970.

Vol. 19

Reprinted	(2) In this Act the Electoral Act, 1907-1967, is
Acts

approved for	referred to as the principal Act.
reprint 9th February, 1965, as
amended by	(3) The principal Act as amended by this Act may be cited as the Electoral Act, 1907-1970.

Act No. 33	of
1967.

1970.] Electoral. [No. 28.

Commence-

This Act shall come into operation on a date to be fixed by proclamation.	ment.
Amendment

2.

Section 4 of the principal Act is amended by adding after the definition "President" a definition	to s. 4.
tion.)
(Interpreta-
as follows

3.

"print", "printed" or "printing" in relation to an electoral roll or a supplementary electoral roll means an electoral roll or supplementary roll printed under the authority of the Government Printer; .

Repeal and

Section 26 of the principal Act is repealed and re-enacted as follows-

re-enactment

of s. 26.

(Supplemen-

tary rolls.)

Supplemen-

4.

26. Supplementary rolls, setting out addi- tions and alterations since the last print, shall be printed and issued under the hand of the Chief Electoral Officer whenever he thinks fit. . tary rolls.

5. Section 32 of the principal Act is amended by Amendment s

deleting the words "printed or written" in line one. (The rolls.)

Amendment

6. Section 45 of the principal Act is amended to s. 95. (Compulsory

(a)	by substituting for the passage "Penalty:	enrolment.)
Two pounds." in line eight of subsection (2) a passage as follows

Penalty: For a first offence, four dollars, and for a second or subsequent offence, ten dollars." ; and

(b) by repealing and re-enacting subsection (4) as follows

(4) The Chief Electoral Officer or the registrar of the district to which a claim relates shall issue a receipt to an elector for each such claim received by that registrar from the elector. .

No. 28.] Electoral. [1970.

Amendment

to a. 52.	7. Subsection (1) of section 52 of the principal paragraph as follows-
(Alterat	Act is amended by adding after paragraph (a) a (aa) By altering the particulars of the enrolment of an elector so as to record any change therein resulting from-

of rolls )i nn

(i)    the numbering or renumbering of a street or locality;

(ii)    the naming or renaming of a street or locality; or

(iii)    any other like circumstance. .

Amendment 8. Section 62 of the princ pal Act is amended by

to a. 62. i

re-enrolment

(Method for deleting the passage, ", fifty-eight," in line four.

when elector

no longer

disqualified.)

Amendment to a. 73.9. Section 73 of the principal Act is amended by

Registrars of	(Notice to adding after the word "issued" being the last word
Writ.) Registrar is employed in the Electoral Department in Perth, the notice shall be given to the Registrar forthwith by the Clerk of the Writs, by instrument in writing under his hand".	issue of in the section the passage "but where such a

Repeal of

S. 80. 10. Section 80 of the principal Act is repealed.

(Nomina-

tions may be

telegraphed.)

Amendment

to s. 81. 11. Section 81 of the principal Act is amended

(Requisites

for nomina- (a) by deleting the words "or nomination by

tion.)

telegraph" in lines one and two of

paragraph (a); and

(b) by repealing subparagraph (ii) of para- graph (b).

Amendment

to s. 86.	12. Section 86 of the principal Act is amended
(Hour of

nomination.) (a) by deleting the passage commencing ", and" in line six of subsection (2) and ending with the word "District" being the last word in the subsection;

1970.] Electoral. [No. 28.

(b) by adding after subsection (2) subsections as follows

(2a) The order of the names of the candidates as they shall be placed on the ballot papers shall be determined as follows

(a)	the Returning Officer shall, at the place of nomination, imme- diately after the close of nominations and before all per- sons then present, make out in respect of each candidate, a slip bearing his name, enclose each one of the slips in separate blank envelopes of exact similarity and deposit the several envelopes in a locked ballot box;
(b)	the Returning Officer shall then shake and rotate the ballot box and shall permit any other person present to do likewise, if the person so desires;
(c)	the Returning Officer shall, be- fore all persons then present-

(i)    unlock the ballot box; and

(ii)   take out, one by one, the envelopes contained there- in;

(d) the candidate whose name ap- pears on the slip enclosed in the envelope first taken from the ballot box shall be placed first on the ballot papers, the candi- date whose name appears on the slip enclosed in the envelope secondly taken from the ballot box shall be placed secondly on the ballot papers, and so on, until the placing of all the names of the candidates on the ballot papers has been determined.

No. 28.] Electoral. [1970.

(2b) The Returning Officer shall forthwith after the order of the placing of the names of the candidates has been determined in accordance with subsection (2a) of this section, forward to the Chief Electoral Officer at Perth, by telegraph or other expeditious means, the names and other particulars of the several candidates in such order and also adver- tise those names and particulars in such order in a newspaper circulating within the Province or District for which the candidates have nominated. .

Amendment

to s. 90.

13. Section 90 of the principal Act is amended

(Voting by

post.)

(a)	by substituting for the word "seven" in line four of paragraph (a) of subsection (1) the word "five";
(b)	by adding after the word "precluded" being the last word in paragraph (d) of subsection (1) a passage as follows

(e) is, by reason of his membership of a religious order or his religious beliefs-

(i)

precluded from attending at a

polling place; or

(ii)  precluded from voting throughout the hours of poll- ing on polling day or through- out the greater part of those hours;

by repealing and re-enacting subsection

(c) (la) as follows

(la) Where the elector is either within

or outside of the State at the time he

makes an application for a postal ballot

1970.] Electoral. [No. 28.

paper, he may make the application at any time during the period referred to in subsection (1) of this section to

(a) the Chief Electoral Officer;

(b)

the Assistant Chief Electoral

Officer;

(c)

a Returning Officer for any District or Province or the Registrar for any District;

(d)

an officer of the Electoral Department appointed in writing by the Minister to issue postal ballot papers; or

(e)

a person appointed under the Local Courts Act, 1904 as clerk or assistant clerk for a Local Court. ;

(d) by repealing subsection (lb);

(e)	by repealing subsection (1c);
(f)	by substituting for the passage "and (d) of subsection (la) of this section and para- graphs (a), (b) and (c) of subsection (lb)" in lines two, three and four of subsection (2) the passage ", (d) and (e) of subsection (1a)".

14. Subsection (1) of section 113 of the principal Ainendment to a. 113.

Act is amended—	papers.)
(Ballot

(a)	by deleting the word "alphabetically" in line four; and
(b)	by adding after the word "characters" in line four the passage "in the order determined in accordance with subsection (2a) of section eighty-six of this Act".

No. 28.] Electoral. [1970.

Amendment

to s. 153.	15. Subsection (1) of section 153 of the principal
(Production

of rolls used	Act is amended
at election.)

(a)	by substituting for the words "five guineas" in line two the words "ten dollars"; and
(b)	by adding after the word "and" in line five the words "if the notice is so given after the day of the election and before the day when the election can no longer be ques- tioned".

Amendment

to 6.155.	16. Section 156 of the principal Act is amended
(Compulsory

voting.)	(a)	by substituting for the word "Within" in line one of subsection (4) the passage "Subject to subsection (4a) of this section, within";
(b)	by adding after subsection (4) a subsection as follows

(4a) The Chief Electoral Officer is not required to send a notice to an elector under subsection (4) of this section where he is satisfied that the elector

(a) is dead;

(b)	was outside the State on polling day;
(c)	was ineligible to vote at the election; or
(d)	had a valid and sufficient reason for failing to vote. ;

(c) by substituting for the words "ten shillings"

in lines seventeen and eighteen of sub-

section (12) the words "two dollars";

(d) by substituting for the words "two pounds" in lines eighteen and nineteen of subsection (12) the words "ten dollars"; and

(e) by substituting for the words "Two pounds" in the last line of subsection (16) the words "Ten dollars".

1970.] Electoral. [No. 28.

17. The principal Act is amended by adding after ad dedn 192A

section 192 a section as follows-

192A. During the hours of polling at any Ponr octal?

'nation of

election— certain matter.

(a) no candidate shall use or permit to be used; and

(b) no other person shall use

any loud speaker, public address system or amplifier whether fixed or mobile, broadcasting van sound system, radio apparatus or any other apparatus or device for the broadcasting or dissemination of any matter intended or likely to affect the result of the election; and

(c) no person shall make any public demonstration having reference to the election.

Penalty: One hundred dollars. .