Electoral Amendment Act (No. 2) 1983 (WA)

WESTERN AUSTRALIA.

ELECTORAL (No. 2).

No. 54 of 1983.

AN ACT to amend the Electoral Act 1907-1982.

[Assented to 13 December 1983.]

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 EgrItiatLeon,

Amendment Act (No. 2) 1983.

(2) In this Act the Electoral Act 19074982 is 1:43:gedd "

referred to as the principal Act. 189te;cember amended by

(3) The principal Act as amended by this Act may ‘19:8td2s.f2/3%,31

be cited as the Electoral Act 1907-1983.

No. 54.] Electoral (No. 2). [1983.

Section 4

amended. 2. Section 4 of the principal Act is amended by inserting before the definition of "Returning Officer" the following definition

f "referendum" means the submission of a question to the electors pursuant to an Act but does not include an election under this Act, and a reference to an election being held on the same day as a referendum is a reference to the polling at an election being conducted on the day on which the votes of the electors are taken for the purposes of a referendum; ".

Section SA

amended. 3. Section 5A of the principal Act is amended by inserting after "Officer" where it last occurs the following-

" under this Act or any other Act ".

Section 7

amended. 4. Section 7 of the principal Act is amended

(a)

in subsection (1) by inserting after

"officer" the following-

" under this Act or any other Act ";

and

(b)

in subsection (3) by inserting after "acting" where it last occurs the following-

" under this Act or any other Act ".

Section 24

amended. 5. Section 24 of the principal Act is amended in subsection (2) by inserting after "election" the following-

" or the writ for a referendum

1983.] Electoral (No. 2). [No. 54.

6. Section 47 of the principal Act is amended— =dner. (a) in paragraph (f) of subsection (3)-

(i)  by inserting before ", but" the following

or between the day on which a writ is issued for a referendum and the close of voting at that referendum "; and

(ii)   by inserting after "be" where it last occurs the following-

" , or a referendum ";

(b) in paragraph (g) of subsection (3) by inserting before "and the" the following-

" or a referendum "; and

(c) in the proviso to paragraph (g) of sub- section (3) by inserting after "election" the following-

" or referendum ".

7. Section 48 of the principal Act is amended— Z=1,18.

(a) in paragraph (g) of subsection (2) by inserting before "and the" the following-

" or a referendum ";

(b) in paragraph (f) of subsection (3) by inserting before "the appeal" where it last occurs the following-

" or a referendum "; and

(c) in the proviso to paragraph (f) of subsection (3) by inserting after "election" the following-

" or referendum ",

No. 54.] Electoral (No. 2). [1983.

Section 53

amended. 8. Section 53 of the principal Act is amended

(a) by inserting before "except" the following

l{ or between the time of the issue of the

writ for a referendum and the close of

voting at the referendum "; and

(b) in paragraph (e) by inserting after "election" the following-

" or referendum ".

Section 93

amended. 9. Section 93 of the principal Act is amended in subsection (3) by deleting "writs for an election and the return of the writs" and substituting the following-

" writ for an election at which the elector is entitled to vote or for a referendum and the return of the writ ".

Section 115

amended. 10. Section 115 of the principal Act is amended

(a) by inserting after the section designation "115." the subsection designation "(1)";

and

(b) by inserting the following subsection—

f (2)

Where an election is conducted on the same day as a referendum the reference in subsection (1) of this section to scrutineers shall be deemed to include a reference to scrutineers (if any) appointed under any Act for the purposes of the referendum. ".

1983.] Electoral (No. 2). [No. 54.

Section 125

11. Section 125 of the principal Act is amended amended.

by inserting after subsection (3) the following sub-

section

'C (3a) Where an election is held on the same

day as a referendum a ballot paper shall not be issued to a person for the election (other than by way of replacement for a spoilt ballot paper) unless a ballot paper is issued to the person for the referendum. ".

Section

12. The principal Act is amended by inserting 155AA

before section 155A the following section-	inserted.
Papers and

155AA. Notwithstanding sections 152, 154

documents

used for

and 155 of this Act, where books, documents

dual

or papers used in connection with an election

purposes.

were also used in connection with a

referendum or another election

(a)	they shall be available for purposes connected with that referendum or other election; and
(b)	they shall not be destroyed while that referendum or other election can be questioned. ".