Electoral Amendment Act 1982 (WA)

WESTERN AUSTRALIA.

ELECTORAL.

No. 31 of 1982.

AN ACT to amend sections 42, 44, 190, 194 and 211

of the Electoral Act 1907-1980.

[Assented to 27 May 1982.]

RE it enacted by the Queen's Most Excellent

Majesty, 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:—

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

Amendment Act 1982.

(2) In this Act the Electoral Act 1907-1980 is	Reprinted as
approved

referred to as the principal Act.	December
1981.

(3) The principal Act as amended by this Act

may be cited as the Electoral Act 1907-1982.

No. 31.] Electoral. [1982.

Commence-

2.    This Act shall come into operation on a day

ment.

to be fixed by proclamation.

Section 42

amended. 3. Section 42 of the principal Act is amended

by inserting after subsection (1) the following

subsection

CC

(la) A claim shall have inserted therein the date on which the claim is made by the claimant and signed by the claimant and the witness to the signature of the claimant. " .

Section 44

amended. 4. Section 44 of the principal Act is amended

(a) in subsection (1)-

(i)   by deleting "and" after paragraph (e);

(ii)   by deleting "so." in paragraph (f) and substituting the following

<4

so; and

(g)

is made by the claimant andthe date on which the claim

signed by the claimant and

the witness. " ;

(b) by inserting after subsection (1) the following subsection

CC

(la) Where in any claim

(a)	there is an insertion or other alteration the insertion or alteration shall be initialled in his own handwriting by the person making the claim and the person who pursuant to the authority of section 42 (1) (b) witnessed the claim;
(b)	there is an erasure the words or figures written on the erasure shall be re-written and shall be initialled in

1982.] Electoral. [No. 31.

his own handwriting by the person making the claim and the person who pursuant to the authority of section 42 (1) (b) witnessed the claim. " ;

and

(c) in subsection (4), by inserting after "forty-

two" the following

or that is not received by the Registrar within 31 days of the date of the making and signing of the claim by the claimant " .

5. Section 190 of the principal Act is amended am

by inserting in the Table of Electoral Offences and Punishments the new offences and punishments in respect thereof to stand before the ultimate offence and punishment in columns one and two of the Table respectively, as follows

Wilfully making a false Penalty not exceeding one

insertion or alteration in	hundred dollars.
any claim.

Wilfully inserting in a claim Penalty not exceeding one

a date other than the date

hundred dollars.

on which the claim was

made.

6.	Section 194 of the principal Act is amended by	Section 199
amended.

inserting after "Registrar" in line six the

following-

" so as to enable him to receive the claim within the period referred to in section 44 (4) of this Act " .

7. Section 211 of the principal Act is amended Section 211 amended.

(a) by deleting "Any" and substituting the following-

" (1) Any " ; and

No. 31.] Electoral. [1982.

(b) by inserting the following subsection

CC

(2) Where

(a)	pursuant to this Act any insertion, alteration or erasure on a claim is required to be initialled by the person making the claim; and
(b)	the person making the claim is unable to write and has pursuant to subsection (1) of this section made his distinguishing mark on the claim,

the person making the claim shall make his distinguishing mark against each insertion, alteration or erasure on the claim and such distinguishing mark when witnessed by the attesting witness to the claim shall be deemed to be the initials of the person making the claim. " .