Electoral Amendment Act 1983 (WA)

WESTERN AUSTRALIA.

ELECTORAL.

No. 9 of 1983.

AN ACT to amend the Electoral Act 1907-1982.

[Assented to 29 September 1983.]

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

PART I-PRELIMINARY.

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

Amendment Act 1983.

(2) In this Act the Electoral Act 1907-1982 is Reprinted as approved

referred to as the principal Act. 8 December1981; amended by

may be cited as the Electoral Act 1907-1983. (3) The principal Act as amended by this Act litigr,;ii?'

No. 9.] Electoral. [1983.

Commence-

ment. 2. The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation, but the same day shall be fixed for the coming into operation of all of the provisions of Part III of this Act.

PART II-GENERAL AMENDMENTS.

Section 4

Section 4 of the principal Act is amended by deleting the definition of "naturalized".

amended. 3.

Section 17	4.	Section 17 of the principal Act is amended in
amended.

subsection (1)—

( a) by deleting ", who"; and

(b) by deleting paragraphs (a), (aa), (b) and (c) and substituting the following-

" (a) who is a British subject;

(b)	who has lived in Australia for 6 months continuously; and
(c)	who has lived in the District or Sub-district for which he claims to be enrolled as an elector for one month last past, ".

Section 31

repealed and	5. Section 31 of the principal Act is repealed and
sections 31.

and 31A the following sections are substituted-

substituted. Arrangement with	31. (1) The Governor may arrange with
Common-

wealth for	the Governor General of the Commonwealth
single
enrolment	for the Australian Electoral Officer to perform
procedure.	all or any of the following functions

(a) the receipt and initial checking of claims for enrolment under this Act (including claims under section 45 (2)) and the undertaking of enquiries in respect thereof; and

1983.] Electoral. [No. 9.

(b) the transmission to the Chief Electoral Officer of the information necessary for the preparation, altera- tion, and revision of rolls under this Act.

(2) An arrangement entered into under subsection (1) of this section may provide that

(a)	the Australian Electoral Officer shall be the officer to whom a claimant shall send any claim under this Act, but that a claim may be sent, or in specified circumstances or cases may be sent, to a Divisional Returning Officer or an Electoral Registrar (within the meaning of those terms in the Commonwealth Electoral Act 1918) acting on behalf of the Aus- tralian Electoral Officer;
(b)	the Australian Electoral Officer shall have the powers, functions and duties conferred or imposed on the Registrar of a District or Sub-district by sections 42 (c), 44 (2) and (3), 44A (3) and (5), and 45 (4) of this Act;

and

(c) a claim shall be in a form provided by the Chief Electoral Officer and the Australian Electoral Officer for putting into effect a single enrolment procedure for the purpose of Com- monwealth and State elections,

but shall not make provision for the removal of the name of a person from the roll other- wise than pursuant to a provision of this Act.

(3) Where an arrangement is entered into

under subsection (1) of this section the

Governor may by order, which shall be

No. 9.] Electoral. [1983.

published in the Gazette, declare that a single enrolment procedure is in operation for the purpose of enrolment for Commonwealth and State elections as from such date as is specified in the order.

(4) An order under subsection (3) of this

section

(a)	shall be accompanied by an explan- atory note indicating briefly to intending claimants the require- ments of the single enrolment procedure so far as it affects the making of a claim under this Act;
(b)	may contain such incidental or transitional provisions as the Gov- ernor considers necessary to give effect to this section;
(c)	may be revoked by the Governor by further order published in the

Gazette.

(5) An order under subsection (3) of this section, and the arrangement to which it relates, shall have effect notwithstanding anything in this Act.

(6) In this section and in section 31A of this Act "Australian Electoral Officer" means the Australian Electoral Officer for this State provided for by section 4 of the Australian Electoral Office Act 1973 of the Common- wealth Parliament or any provision amending, or in substitution for, that section.

Arrangement

with	31A. (1) The Governor may arrange with
Common-

wealth for	the Governor General of the Commonwealth
sharing of
caftann	for the Australian Electoral Officer to give
information
for revision	notice in writing to the Chief Electoral Officer
of rolls.	(whether in lists or otherwise) of the name and description of each person whose name is removed, in accordance with the Common-

1983.] Electoral. [No. 9.

wealth Electoral Act 1918, from the Common- wealth roll for this State on the ground that he is no longer living at the address shown for him in the roll.

(2) During any period when an arrange- ment is in operation under subsection (1) of this section, subsection (3) of this section shall have effect notwithstanding anything in this Act.

(3) If the Chief Electoral Officer is satisfied

that a person-

(a)	is named in a notice received by him pursuant to an arrangement under subsection (1) of this section; and
(b)	is shown on the roll for a District or Sub-district under this Act as living at the address referred to in the notice,

he shall, in writing, order the Registrar for that District or Sub-district to remove the name of the person from the roll, and the Registrar shall forthwith comply with such order. ".

Section 42

6. Section 42 of the principal Act is repealed and

repealed

and

the following section is substituted substituted.

it

42. A claim Claims.

(a)	may be in the prescribed form;
(b)	shall be signed by the claimant in the presence of an elector, or a person qualified to be enrolled as an elector, of the Commonwealth Parliament or of the Assembly who shall sign his name as witness in his own hand- writing; and

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(c) shall be sent to the Registrar keeping the roll on which the claimant claims to be enrolled, who shall immediately insert therein the date of receipt. ".

Section 42A

inserted. 7. After section 42 of the principal Act the

following section is inserted-

Certain t c

Common-	42A. (1) On the day on which section 7 of
wealth

electors	the Electoral Amendment Act 1983 comes
deemed to
have	into operation (in this section called "the
claimed
State	commencement date"), the Registrar for a
enrolment.	District or Sub-district shall be deemed to have received a claim under section 42 of this Act for enrolment on the roll for that District or Sub-district from every person who-

(a)	is enrolled as an elector for Common- wealth elections; and
(b)	appears to be entitled to be enrolled as an elector for that District or Sub- district for the Assembly but does not appear to be so enrolled.

(2) Within 6 months after the commence- ment date the Registrar of a District or Sub- district shall, in respect of each person who is deemed to have claimed enrolment on the roll for that District or Sub-district, take action under subsection (3) and either enrol the person under subsection (4) or give notice to him under subsection (5) of this section.

(3) The Registrar shall cause enquiries to be made as to whether the person is

(a) disqualified under section 18 of this

Act from being enrolled as an elector;

1983.] Electoral. [No. 9.

(b) residing at the address shown for him in the Commonwealth roll,

but shall not be obliged to enquire whether the person is otherwise qualified under section 17 (1) of this Act to be enrolled as an elector.

(4) If, after making enquiries under sub-

section (3) of this section in respect of a person, it appears to the Registrar that the person satisfies the following requirements, namely

(a)	he is not enrolled as an elector under this Act;
(b)	he is not disqualified under section 18 of this Act from being so enrolled;

and

(c) he is residing at the address shown for him on the Commonwealth roll,

the Registrar shall enrol the person by entering his name and the other prescribed particulars on the roll filed in the Registrar's office under section 32 of this Act.

(5) If it appears to the Registrar that the person does not satisfy the requirements of subsection (4) (a), (b) and (c) of this section, he shall give to him notice in writing to that effect and, without prejudice to the making of a claim by that person under section 42 of this Act, the Registrar shall not be bound to take any further action under this section. ".

Section 43

8. Section 43 of the principal Act is repealed. reseeded.

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Section 44

amended. 9. Section 44 of the principal Act is amended (a) in subsection (1)—

(i)   in paragraph (e), by inserting after the semi-colon the following-

" and ";

(ii)   by deleting paragraph (f) and sub- stituting the following paragraph

(f) the usual signature in his own handwriting of the person who witnessed the signing of the claim by the claimant. "; and

(iii) by deleting paragraph (g);

(b) by repealing subsection (la); and

(c) by repealing subsection (4) and substitut- ing the following subsection

(4) If the claimant is unable to insert in his claim the date of his birth because it is not known to him but

(a)

the claim contains a statement

to that effect; and

(b)

the person who witnesses the claim certifies in writing that he is satisfied that the claimant is not under 18 years of age,

the claim shall be taken to sufficiently comply with subsection (1) (c) of this section. ".

Section 44.A.

inserted. 10. After section 44 of the principal Act, the

following section is inserted-

Enrolment of

claimants	" 44A. (1) A claim is in order for the
and

rejection	purposes of this section if it complies with
of claims..	sections 42 (b) and 44 of this Act.

1983.] Electoral. [No. 9.

(2) If a claim

(a)	is in order and is not objected to by the Registrar under section 47 of this Act; or
(b)	although it is not in order on receipt by the Registrar, is-

(i)    rectified as mentioned in sub- section (5) of this section; and

(ii)  not objected to by the Registrar under section 47 of this Act,

the Registrar shall enrol the claimant by entering his name and the other prescribed particulars on the roll filed in the Registrar's office under section 32 of this Act.

(3) If a claim is not in order the Registrar

shall

(a)	reject it and give notice of the rejec- tion to the claimant in the prescribed form; or
(b)	make enquiries or seek further information under subsection (5) of this section.

(4) The Registrar may exercise any power mentioned in subsection (3) of this section notwithstanding that the power is for the time being vested also in the Australian Electoral Officer for this State pursuant to section 31 of this Act.

(5) If a part of a claim is not in order but the Registrar considers that any defect in that part may be able to be rectified as a result of the making of enquiries or the

No. 9.] Electoral. [1983.

seeking of further information or otherwise, he may, for that purpose and without prejudice to enrolment as provided in subsection (2) (b) of this section, defer rejection of the claim until he considers it is no longer expedient to seek to have the claim rectified. ".

Section 46

repealed and 11. Section 46 of the principal Act is repealed

substituted. and the following section is substituted-

Where tt

Registrar	46. (1) If the Registrar has reason to as set out in his claim is insufficient or incorrect he may, if he thinks fit, refer the claim to
considers
qualification	believe that the qualification of the claimant
insufficient
or incorrect.

(a)	any officer mentioned in section 35 of this Act, qualified in his opinion to report thereon;
(b)	an officer of the Australian Electoral Office (within the meaning of section 4 of the Australian Electoral Office Act 1973 of the Commonwealth Parliament), if he has reason to believe that an officer of that office is willing to report thereon.

An officer to whom a claim is referred under subsection (1) (a) of this section shall forthwith make all necessary inquiries and report to the Registrar.

(2)

(3) If a report from an officer mentioned in subsection (1) of this section is adverse to the claimant, the Registrar shall object to the claim under section 47 (3) (a) of this Act or, if the claimant has been enrolled, to the enrolment under section 48 (3) (a) of this Act. ".

1983.] Electoral. [No. 9.

12. Section 47 of the principal Act is amended— i=dne

(a) by repealing subsection (1) and

substituting the following subsection

i f

(1) The Registrar shall object to any claim if he has reason to believe that the claimant is not entitled to be enrolled. ";

(b) by repealing subsection (2); and

(c) in subsection (3)-

(i)    by deleting "If the objection is by the Registrar, the following provisions shall apply" and substituting the following-

" The following provisions apply where the Registrar decides to object to a claim "; and

(ii)  in paragraph (g) by deleting "not less than fourteen days before" and substituting the following-

" before the time of ".

13. Section 53 of the principal Act is amended— =IT

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

" time "; and

(b) by deleting paragraphs (a), (b) and (c) and substituting the following

C' (a) claims received before the time of

the issue of the writ may be enrolled after that time if no

No. 91 Electoral. [1983.

notice of objection to such claim has been lodged or given under section 47 of this Act;

(b)	a claimant may be enrolled pursuant to section 47 (3) (e) of this Act after that time;
(c)	alterations may be made after that time pursuant to section 48 (2) (f) or section 48 (3) (b) or (e) of this Act; and ".

Section 65

Section 65 of the principal Act is amended

by deleting "the last preceding section" and sub-

stituting the following-

amended. 14.

" section 64 or 67 of this Act, ".

Section 65 15.

Section 68 of the principal Act is amended in

subsection (2) by deleting "commencement" and

substituting the following-

amended.

" hour of 6 o'clock in the afternoon "

Section 70

Section 70 of the principal Act is amended by deleting "seven" and substituting the following-

amended. 16.

" fourteen ".

Section 72

Section 72 of the principal Act is amended by deleting "issue" and substituting the following-

amended. 17.

" date ".

Section 90

Section 90 of the principal Act is amended

in subsection (1) by inserting after "prior to the"

the following-

amended. 18.

" date of

1983.] Electoral. [No. 9.

19. Section 100A of the principal Act is amended

by adding a new subsection (5) as follows

(5) The Chief Electoral Officer or the returning officer as the case may require shall give not less than 48 hours' notice in writing to each candidate for the Province and District in which the institution or hospital is situated of the time or times at which the Presiding Officer and another officer will be in attendance pursuant to subsection (2) (a) of this section.

20. Section 119 of the principal Act is amended =0,fiek9

in subsection (2)-

(a) by deleting paragraph (h) and substituting the following paragraph-

" (h) Are you a British subject? "; and

(b) by deleting paragraph (j).

21. Section 122A of the principal Act is amended	Section 122A
amended.

in subsection (1)—

(a) in paragraph (a) (i), by deleting "not less than fourteen days before" and substituting the following-

" before the time of "; and

(b) in paragraph (b) (ii), by deleting "date" and substituting the following-

" time ".

22. Section 156 of the principal Act is amended— =1,156

(a) in subsection (4) by deleting ", at the address mentioned in that list,"; and

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(b)

by repealing subsection (15) and

substituting the following

if

(15) At the conclusion of an election, the Chief Electoral Officer shall

(a)	cause to be ascertained whether any person who failed or neglected to fill up, sign and post to the Chief Electoral Officer the form referred to in subsections (6) and (7) of this section is living at the address shown in the roll; and
(b)	if he is satisfied that the person is no longer living at that address, remove, or direct the Registrar to remove, the name of that person from the roll,

and any person whose name has been removed from the roll pursuant to this subsection shall be required to furnish a new claim for enrolment before his name is reinstated on the roll. ".

Section 190

amended. 23. The Table to section 190 of the principal Act

is amended

(a) by deleting the following

Wilfully making false statement in any Imprisonment not

exceeding twelve

claim other than a	months.
false statement to the effect that the claimant has lived in a District or Sub-district for a continuous period

1983.] Electoral. [No. 9.

of one month immediately pre- ceding the date of the claim, or that the claimant is a natural born or naturalized subject of Her Majesty, or wilfully making false statement in any application, return, or declara- tion, or in answer to a question under this Act.

and substituting the following

Wilfully making false statement in any Imprisonment not

exceeding twelve

claim other than a	months.
false statement as to any qualification required by section 17 (1) (a) or (c) of this Act, or wilfully making false statement in any application, return, or declara- tion, or in answer to a question under this Act.

(b) by deleting the following

Wilfully making false statement in any Penalty not less

than ten dollars

claim to the effect	nor more than
that the claimant	one hundred
has lived in a	dollars.
District for a continuous period of one month immediately pre- ceding the date of the claim or that the claimant is a natural born or naturalized subject

>7

of Her Majesty.

No. 9.] Electoral. [1983.

and substituting the following

Wilfully making false statement in any Penalty not less

than ten dollars

claim as to any	nor more than
qualification re-	one hundred
quired by section	dollars.
17 (1) (a) or (c)

of this Act. and

(c) by deleting the following

Wilfully making a Penalty not exceed-

false insertion or	ing one hundred
alteration in any	dollars.
claim.

Wilfully inserting in Penalty not exceed-

a claim a date other

ing one hundred

that the date on

dollars.

which the claim

was made.

Section 193

repealed.	24.	Section 193 of the principal Act is repealed.
Section 194
amended.	25.

Section 194 of the principal Act is amended by deleting "so as to enable him to receive the claim within the period referred to in section 44 (4) of this Act".

Section 207

repealed and 26. Section 207 of the principal Act is repealed

substituted. and the following section is substituted

Persons	ft
who may

witness	207. (1) The signatures to claims or other person qualified to be enrolled as an elector, of the Commonwealth Parliament or of the Assembly.
signatures
and take	forms may be witnessed by an elector, or a
declarations.
(2) Any declaration required under this Act may be made before any person auth- orized to witness signatures to claims, and shall have the same force and effect, and in the case of a false declaration shall subject

1983.] Electoral. [No. 9.

the declarant to the same penalty, as if such declaration had been made before a justice of the peace.

(3) Any person who witnesses the signature of a claimant without being personally acquainted with the facts, or satisfying himself by inquiry from the claimant or otherwise that the statements contained in the claim are true, commits an offence and is liable to a fine not exceeding $100. ".

27. Section 208 of the principal Act is repealed tepee P8 and

and the following section is substituted— substituted.

ti

208. Without limiting section 31 (1) of the Service of

Interpretation Act 1918, where any notice or n°tIces

notification is required to be served on, or

given or sent to, any person under this Act,

the same may be posted to him as a letter

addressed to him

(a)	at the address shown for him in the roll; or
(b)	if the person has notified a postal address to the Chief Electoral Officer or the Registrar, at that postal address. ".

28. Section 211 of the principal Act is amended =11"

by repealing subsection (2).

PART III-AMENDMENTS RELATING TO AUSTRALIAN

CITIZENSHIP QUALIFICATION.

29. Section 4 of the principal Act is amended— gi=dileg.

(a) by inserting after the definition of "Assistant Chief Electoral Officer" the following definition-

" "Australian citizen" means a person

who is an Australian citizen under

the Australian Citizenship Act 1948

No. 9.] Electoral. [1983.

of the Commonwealth or any Act amending that Act or substituted therefor; "; and

(b) by inserting after the definition of "prison" the following definition-

" "proclaimed day" means the day on which Part III of the Electoral Amendment Act 1983 comes into operation; ".

Section 17 30. Section 17 of the principal Act, as amended by section 4 of this Act, is further amended in sub- section (1) by deleting paragraph (a) and substitut- ing the following paragraph

amended.

CC

(a) who is-

(i)   an Australian citizen; or

(ii)   a British subject (other than an Australian citizen) who was, at some time within 3 months immediately preceding the pro- claimed day, an elector of the Assembly or an elector, under a Commonwealth Act, of the Com- monwealth Parliament; ".

Section 119

amended. 31. Section 119 of the principal Act, as amended by section 20 of this Act, is further amended in subsection (2) by deleting paragraph (h) and sub- stituting the following paragraph

CC

(h) Are you an Australian citizen? (and if the answer to that question is No, the further question, Are you a British subject? and if the answer to this question is Yes, the further question, At some time within 3 months immediately preceding [here state the date of the proclaimed day] was your name on any electoral roll kept for the purposes of an election for the Assembly or for the Commonwealth Parliament?) ".