Electoral Amendment (Miscellaneous) Act 2009 (WA)

Western Australia

Electoral Amendment (Miscellaneous) Act 2009

Western Australia

Electoral Amendment (Miscellaneous) Act 2009

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Electoral Act 1907 amended
3.	Act amended	3
4.	Section 4 amended	3
5.	Section 17 amended	3
6.	Section 17B inserted	3

17B.	Electors with no fixed address enrolled
under Commonwealth Act 3

7.	Section 18 amended	4
8.	Section 25A amended	5
9.	Section 40 amended	5
10.	Section 59 amended	5
11.	Section 62 deleted	6
12.	Section 90 amended	6
13.	Section 93 amended	6
14.	Section 175C amended	7
15.	Section 183 amended	7

Western Australia

Electoral Amendment (Miscellaneous) Act 2009

No. 7 of 2009

An Act to amend the Electoral Act 1907.

[Assented to 21 May 2009]

The Parliament of Western Australia enacts as follows:

Electoral Amendment (Miscellaneous) Act 2009

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This is the Electoral Amendment (Miscellaneous) Act 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation.

Electoral Amendment (Miscellaneous) Act 2009

Electoral Act 1907 amended Part 2

s. 3

Part 2 — Electoral Act 1907 amended

3.             Act amended

This Part amends the Electoral Act 1907.

4.             Section 4 amended

Delete section 4(4) and insert:

(4)

A reference in this Act to a full election in a region is a

reference to an election in a region for the return of

6 members of the Council.

5.             Section 17 amended

In section 17(5) delete “and section 17A” and insert:

and sections 17A and 17B

6.             Section 17B inserted

After section 17A insert:

17B.

Electors with no fixed address enrolled under

Commonwealth Act

(1) If —

(a) section 17(1)(a) and (b) but does not live in any

a person fulfils the requirements of State; and

(b) the person’s name appears on a roll maintained under the Commonwealth Electoral Act 1918 in respect of an address in a Commonwealth

subdivision in the State with which the person

Electoral Amendment (Miscellaneous) Act 2009

Part 2	Electoral Act 1907 amended
s. 7

has established a connection under section 96

of that Act; and

(c) the Commonwealth roll referred to in paragraph (b) is annotated to indicate that the person is an itinerant elector under the Commonwealth Electoral Act 1918 section 96,

the person is to be enrolled on the roll for the district or

sub-district in which the address referred to in

paragraph (b) is situated.

(2)

While the name of the person continues to be included

on the Commonwealth roll referred to in

subsection (1)(b) with the annotation referred to in

subsection (1)(c), the person is entitled —

(a)	to remain enrolled on the roll for the district or sub-district referred to in subsection (1); and
(b)	to vote at —

(i)      any election in the region of which the district or sub-district forms part; and

(ii)      any election in the district or the district of which the sub-district forms part.

7.             Section 18 amended

In section 18(1):

(a)	delete paragraph (c) and insert:
(c) is serving or is yet to serve a sentence of detention (imposed under the Young Offenders Act 1994), or imprisonment, of one year or longer; or

Electoral Amendment (Miscellaneous) Act 2009

Electoral Act 1907 amended Part 2

s. 8

(b) after each of paragraphs (b), (ca), (cb) and (cc) insert:

or

8.             Section 25A amended

In section 25A(1a) in the definition of prescribed information:

(a) in paragraph (c) delete “situated.” and insert:

situated; and

(b)	after paragraph (c) insert:
(d) the elector’s date of birth.

9.             Section 40 amended

In section 40(1a) delete “section 17(4) or 17A.” and insert:

section 17(4), 17A or 17B.

10.           Section 59 amended

(1)

In section 59(1) in the definition of prisoner delete

“section 18(b) to (cd)” and insert:

section 18(1)(b) to (cd)

(2)

After section 59(3) insert:

(4)

If required information is forwarded to the Electoral

Commissioner under subsection (2)(a)(i) or (3)(a)(i) in

relation to a person referred to in section 18(1)(c), the

Electoral Amendment (Miscellaneous) Act 2009

Part 2

Electoral Act 1907 amended

s. 11

chief executive officer, prisons must include in the list

containing the required information the length of the

term of detention or imprisonment of the person.

11.           Section 62 deleted

Delete section 62.

12.           Section 90 amended

After section 90(1)(db) insert:

(dc) is by reason of —

(i)

serving a sentence of detention Act 1994) or imprisonment; or

(ii)      being otherwise in lawful custody or detention,

precluded from attending at a polling place; or

13.           Section 93 amended

In section 93(1):

(a) in paragraph (c) delete “disabled,” and insert:

disabled; or

(b)	after paragraph (c) insert:
(d) who is entitled to vote under section 17A(2),

Electoral Amendment (Miscellaneous) Act 2009

Electoral Act 1907 amended	Part 2
s. 14

(c) after each of paragraphs (a) to (ab) insert:

or

14.           Section 175C amended

In section 175C(2) delete “election, the candidate is the agent in

relation to the election.” and insert:

election —

(a)

if the candidate has been endorsed by a political agent of the candidate in relation to the election; or

(b) if paragraph (a) does not apply, the candidate is the agent in relation to the election.

15.           Section 183 amended

Delete section 183(6).