Electoral Amendment Regulations 1996 (WA)
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WESTERN 6265 AUSTRALIAN
GOVERNMENT t t
| PERTH, FRIDAY 8 NOVEMBER 1996 No. 170 SPECIAL | aze e |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, ACTING GOVERNMENT PRINTER AT 4.00 PM
ELECTORAL ACT 1907
ELECTORAL AMENDMENT REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Electoral Amendment
Regulations 1996.
Commencement
2. These regulations come into operation on the day on which the Electoral
Legislation Amendment Act 1996 comes into operation.
Principal regulations
3. In these regulations the Electoral Regulations 1996* are referred to as the principal regulations.
[* Published in Gazette 10 October 1996, pp. 5321-92.1
Regulation 6 amended
4. Regulation 6 (1) and (2) of the principal regulations are repealed and the
following subregulation is substituted -
"
(1) The declaration by an officer prescribed for the purposes of section 15A of the Act is the declaration in Form 1 in Schedule 2.
Regulation 8 amended
5. Regulation 8 of the principal regulations is amended -
(a) by inserting after the regulation designation "8." the subregulation designation "(1)"; and
(b) by inserting the following subregulation - " (2) Despite subregulation (1), the sex and occupation of electors may be omitted when rolls are printed under section 24 of the Act or supplied under section 112 of the Act.
Regulation 28 amended
6. Regulation 28 of the principal regulations is amended by deleting
"Constitution Act" and substituting the following -
Constitution Acts ".
Schedule 2 amended
7. Forms 1 and 2 in Schedule 2 to the principal regulations are deleted and
the following Form is substituted -
"
FORM 1
[Regulation 6 (1)]
Western Australia
Electoral Act 1907 (s. 15A)
DECLARATION BY OFFICER
I, of declare that -
1. I accept the office of
2. I will faithfully and impartially perform the duties of my office to the best of my understanding and ability; and
3. I have no active or official connection with -
(a) any political party; (b) any election or campaign committee; or (c)
any person who has nominated as a candidate for an election in a district or region in, or respect of which, I will be carrying out my duties,
and I will immediately notify the Electoral Commissioner if such
a connection arises.
Signature of officer
Declared before me on
Date
Signature of witness
Name of witness
[A declaration by the Electoral Commissioner, the Deputy Electoral Commissioner, an Acting Electoral Commissioner or a Returning Officer must be witnessed by a Justice of the Peace.
A declaration by any other officer must be witnessed by a person who is, or is qualified to be, an elector at Commonwealth or State elections.]
Schedule 3 amended
8. (1) Form 1 in Schedule 3 to the principal regulations is amended -
(a) by deleting "Occupation" and substituting the following -
Ci Occupation* ";
(b) by deleting "Sex" and substituting the following - Sex* ";and
(c) by inserting the following note at the end of the Form - [* This column may be omitted when rolls are printed under section 24 of
the Act or supplied under section 112 of the Act.]
(2) Form 25 in Schedule 3 to the principal regulations is amended - (a) by deleting "$100" and substituting the following - $250 ";and
(b) by deleting "me*" and substituting the following - the Electoral Commissioner*
(3) Form 28 in Schedule 3 to the principal regulations is amended - (a) by deleting "Initials" and substituting the following - Initials* "; and
(b) by inserting the following note at the end of the Form - ig
[* Not required if the Ballot Paper is printed on official paper.] ".
(4) Forms 33 to 36 in Schedule 3 to the principal regulations are deleted
and the following Forms are substituted -
"
FORM 33
Western Australia
Electoral Act 1907 (s. 156 (6) and (9))
APPARENT FAILURE TO VOTE - 'PENALTY NOTICE
Name and address of elector:
Electoral district:
Dear elector
It appears from the Electoral Commission's records that you did not vote at the State election held on
The law requires that all electors must vote at State elections. An elector who falls to vote commits an offence unless he or she has a valid and sufficient reason for not voting (such as being out of the State or being seriously ill or injured so as to be unable to go to a polling place).
To resolve this matter please complete the form on the back of this notice and return it to the Electoral Commission in the enclosed
envelope before
If you do not return this form by that date you may be prosecuted in court or the matter may be referred to the Fines Enforcement Registry - which may lead to your driver's licence or vehicle licence being cancelled.
If you did vote you should fill in Part A of the form. If you have a valid and sufficient reason for having not voted you should fill in Part B of the form.
If you did not vote and you do not have a valid and sufficient reason you may pa a modified penalty of $20(2) and that will be the
end of the matter. To do this you should fill in Part C of the form and send your payment with the form. If you do not pay the modified penalty you may be prosecuted in court or the matter may be referred to the Fines Enforcement Registry - which may lead to your driver's licence or vehicle licence being cancelled.
This matter cannot be settled by telephone. If you have any more information you wish to give to the Electoral Commission you must put
it in writing and send it with this form. You may attach more pages if
you need to.If you (the elector) are unable to fill in this form because your are away from home or are physically incapacitated, another elector may fill it in for you, as long as that other elector has personal knowledge of the facts.
Electoral Commissioner Date
[Back of Form 331
APPARENT FAILURE TO VOTE - 'PENALTY NOTICE
Please print your details on this form and tick the appropriate boxes.
Elector's details
Full name:
Residential address: Daytime phone
number [if convenient]( Fill in Part A OR Part B OR Part C Part I did vote at the State election. I voted:
El at
[name of polling place]
or
by lodging a postal vote
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I had a valid and sufficient reason for not voting.
Part I did not vote because: B I did not vote at the State election and I wish to pay the modified
penalty of $20(2) to put an end to this matter. Method of payment:
cash [if paying in cash please deliver this form to the Electoral
Part Commission in person. Do not send cash through the post] or
C cheque or money order made payable to the WA
Electoral Commission
or
by credit card
D Type of card:
Card number:
Expiry date:
Signature:
[Note: Payment of this penalty fully discharges any liability in relation to your
apparent failure to vote. However if your cheque or credit card payment is
dishonoured, you will be treated as if you had not paid.]
Signature: Date: If you have completed this form on behalf of the elector, please print your full name and daytime telephone number.
Name: Phone: Making a false or misleading statement in this form is an offence.
Notes
(1) In a notice under section 156 (9) of the Act insert "SECOND'. (2) If this is the electors second or subsequent offence replace with '$50".
FORM 34
Western Australia
Electoral Act 1907(s. 156 (12))
FAILURE TO VOTE - FINAL NOTICE Name and address of elector:
Electoral district:
Dear elector
Thank you for returning the Penalty Notice in relation to your apparent failure to vote at the State election held on
In that notice
you indicated that you voted at polling place but is still unable to find any record of you having voted.
you indicated that you posted a postal vote on The Electoral Commission has re-checked its records of postal votes for your electoral district but is still unable to find any
record of your vote having been received.
you indicated that you did not vote and gave your reason for not
doing so. The Electoral Commissioner has considered your reason but is unable to accept it as a valid and sufficient reason for not voting.
The Electoral Commissioner therefore considers that you have committed an offence by failing to vote without a valid and sufficient reason.
If you wish to avoid this matter being dealt with in court or by the Fines Enforcement Registry you may pay a modified penalty of $2O2) and that
will be the end of the matter.
To do this you should fill in the form on the back of this notice and send it and your payment to the Electoral Commission in the enclosed envelope before
If you (the elector) are unable to fill in this form because you are away from home or are physically incapacitated, another elector may fill it in for you, as long as that other elector has personal knowledge of the facts.
Electoral Commissioner Date
[Back of Form 34]
FAILURE TO VOTE - FINAL NOTICE
Please print your details on this form and tick the appropriate boxes.
Elector's details
Full name:
Residential address: Daytime phone
number (if convenient)
( ) I did not vote at the State election and I wish to pay the modified penalty
of $20(2) to put an end to this matter. Method of payment:
cash [if paying in cash please deliver this form to the Electoral 1J Commission in person. Do not send cash through the post]
or
cheque or money order made payable to the WA Electoral
D Commission or
by credit card
D Type of card:
Card number:
Expiry date:
Signature:
[Note: Payment of this penalty fully discharges any liability in relation to your failure to vote. However if your cheque or credit card payment is dishonoured, you will be treated as if you had not paid.]
Signature: Date: If you have completed this form on behalf of the elector, please print your
full name and daytime telephone number.
Name: Phone: ( ) Making a false or misleading statement in this form is an offence.
Notes:
(1) Insert text in box applicable to the case. (2) If this is the electors second or subsequent offence replace with '$50'. (5) Form 37 in Schedule 3 to the principal regulations is amended by
deleting "(s. 139 (a))" and substituting the following -
44
(s. 113 (4) (a)) ".
By His Excellency's Command,
J. PRITCHARD, Clerk of the Council.
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