Electoral Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

ELECTORAL.

No. 76 of 1984.

AN ACT to amend the Electoral Act 1907.

[Assented to 26 November 1984.]

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:—

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

Amendment Act 1984. Act.

(2) In this Act the Electoral Act 1907 is referred aRpeRrro lnyteedd as

8 December

to as the principal Act.

/981 and

amended by

and 123 of	Acts Nos. 31
54 and 86 of	1982, 9,

1983 and

28 of 1984.

No. 76.] Electoral. [1984.

Commence-

ment. 2. This Act shall come into operation on a day to

be fixed by proclamation.

Section 22

amended. 3. Section 22 of the principal Act is amended by

deleting "Rolls" and substituting the following-

" Subject to section 51B, rolls ".

Section 31

amended. 4. Section 31 of the principal Act is amended in subsection (6) by deleting "section 31A of this Act" and substituting the following-

" sections 31A and 31B ".

Section 31A

amended. 5. Section 31A of the principal Act is amended

(a) in subsection (1) by deleting "shown for him in the roll" and substituting the following-

" in respect of which he was enrolled ";

and

(b) in subsection (3)-

(i)  by deleting paragraph (b) and substituting the following para- graph

" (b) is enrolled under this Act as living at the address referred to in the notice, "; and

(ii)   by deleting "that District or Sub- district" and substituting the following-

" the District or Sub-district for

which that person is enrolled ".

1984.] Electoral. [No. 76.

following section is inserted- 6. After section 31A of the principal Act, the =7

31B. (1) The Governor may arrange with vAktaingoa m! t

the Governor General of the Commonwealth Irrne=to

for the Australian Electoral Officer to perform onao„5ea

the functions of the receipt, assessment and

grant or refusal of requests under section 51B.

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

(a)	the Australian Electoral Officer shall be the officer to whom a person shall send a request under section 51B, but that a request may be sent, or in specified circumstances and cases may be sent, to a Divisional Return- ing Officer or an Electoral Officer (within the meaning of those terms in the Commonwealth Electoral Act 1918) acting on behalf of the Austra- lian Electoral Officer;
(b)	the Australian Electoral Officer shall have the powers, functions and duties conferred on a Registrar by section 51B; and
(c)	a request under section 51B shall be in a form provided by the Chief Electoral Officer and the Australian Electoral Officer for putting into effect a single procedure for the pur- pose of making a request under section 51B of this Act and section 46A of the Commonwealth Electoral Act 1918.

(3) Where an arrangement is entered into under subsection (1) the Governor may by order, which shall be published in the Gazette, declare that a single procedure is in operation for the purpose of making a request under

No. 76.] Electoral. [1984.

section 51B of this Act and section 46A of the Commonwealth Electoral Act 1918 from such date as is specified in the order.

(4) An order under subsection (3)—

(a)	shall be accompanied by an explana- tory note indicating briefly the requirements of the procedure insofar as it affects the making of a request under section 51B;
(b)	may contain such incidental or transitional provisions as the Gover- nor 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. ".

Section 38

amended. 7. Section 38 of the principal Act is amended in

the third paragraph by deleting ", so as to render a

change in his enrolment necessary".

Section 45

amended. 8. Section 45 of the principal Act is' amended in

subsection (2) by inserting after "Every person" the

following-

" (including a person whose residence, in pur- suance of a request made under section 51B, is not entered on a roll) ".

1984.] Electoral. [No. 76.

Section 51B

9. After section 51A of the principal Act the Inserted.

following section is inserted

It 513. (1) Where a person claiming enrol- Request for address not to be shown

ment under this Act considers that having a	on roll.
residence shown on a roll would place the personal safety of that person or members of the family of that person, at risk, that person may lodge with the claim a request, in the prescribed form, that the residence not be entered on the rolls.

(2) Where

(a)	the residence of a person is included in the particulars relating to the person that are entered on a roll; and
(b)	the person considers that having the

residence so shown places the personal safety of that person, or members of the family of that person, at risk,

the person may lodge with the Registrar keeping the roll a request, in the prescribed form, that the residence be deleted from the particulars that are entered on the roll.

(3) A request under subsection (1) or (2) shall give particulars of the relevant risk and shall be verified by statutory declaration by the person making the request or some other person.

(4) Where

(a) a request has been made under sub-

section (1) or (2); and

(b) the Registrar to whom the request was made is satisfied that having the residence of the person making the request shown on a roll would place

No. 76.] Electoral. [1984.

or places the personal safety of the person or members of the family of that person, at risk,

the Registrar

(c)	where the request is lodged under subsection (1), shall not include the residence of the person in the particulars that are entered on a roll; and
(d)	where the request is lodged under subsection (2), subject to section 53, shall delete the residence of the person from the particulars that are entered on the roll.

Where a Registrar grants or refuses a request made by a person under subsection (1) or (2), the Registrar shall notify the person in writing of the decision.

(5)

(6) Notwithstanding anything contained in section 54, where a residence is deleted from a roll under subsection (4), the particulars so deleted shall be obliterated.

(7) A Registrar for a District or Sub- district shall, when directed to do so by the Chief Electoral Officer, conduct a review of the roll for that District or Sub-district in relation to electors whose residences are not shown on the roll by virtue of this section and, upon completion of the review, shall make such alterations to the roll as the Registrar thinks necessary to ensure that the only electors whose residences are not shown on the roll by virtue of this section are electors the personal safety of whom or of whose family, the Registrar is satisfied, would be at risk if their address were shown on the roll. ".