Electoral Amendment Regulations (Finance and Other Matters) Regulations 2024 (WA)

Western Australia

Electoral Act 1907

Electoral Amendment Regulations (Finance and Other Matters) Regulations 2024

Western Australia

Electoral Amendment Regulations (Finance and Other Matters) Regulations 2024 Contents Electoral Act 1907

Electoral Act 1907

Electoral Amendment Regulations (Finance and Other Matters) Regulations 2024

Made by the Governor in Executive Council.

Part 1 – Preliminary1.Citation

These regulations are the Electoral Amendment Regulations (Finance and Other Matters) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  Part 1 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on 1 July 2024.

Part 2 – Electoral (Political Finance) Regulations 1996 amended3.Regulations amended

This Part amends the Electoral (Political Finance) Regulations 1996.

4.Part 2 deleted

Delete Part 2.

5.Regulation 4 amended

• (1)

  Before regulation 4(1) insert:

   
• (1A)

  The responsible person for a political entity that is required to lodge a notice under section 175MA of the Act must lodge a declaration with the notice that the relevant records required to be kept under Part 4 —

  • (a)

    have been kept; and

  • (b)

    are available for inspection upon request by the Electoral Commissioner.

Penalty for this subregulation: a fine of $3 000.

• (2)

  In regulation 4(1) delete “regulation 5(1) or (2) (or under an alternative system of accounting approved under regulation 11) have been kept and will, if asked for, be made available for inspection at a place in this State specified in the declaration.” and insert:

   

regulation 5(1) (or under an alternative system of accounting approved under regulation 11) have been kept and will be made available for inspection upon request by the Electoral Commissioner.

• (3)

  In regulation 4(1) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $3 000.

• (4)

  In regulation 4(2) delete “will, if asked for, be made available for inspection at a place in this State specified in the declaration.” and insert:

   

will be made available for inspection upon request by the Electoral Commissioner.

• (5)

  In regulation 4(2) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $3 000.

• (6)

  In regulation 4(3) delete “will, if asked for, be made available for inspection at a place in this State specified in the declaration.” and insert:

   

will be made available for inspection upon request by the Electoral Commissioner.

• (7)

  In regulation 4(3) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

• (8)

  In regulation 4(4):

  • (a)

    delete “person” and insert:

     

  agent of the third‑party campaigner

   
  • (b)

    delete “will, if asked for, be made available for inspection at a place in this State specified in the declaration.” and insert:

     

  will be made available for inspection upon request by the Electoral Commissioner.

   
• (9)

  In regulation 4(4) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

• (10)

  In regulation 4(5):

  • (a)

    delete “section 175SD(1)” and insert:

     

  section 175SD

   
  • (b)

    delete “person” and insert:

     

  agent of the third‑party campaigner

   
  • (c)

    delete “will, if asked for, be made available for inspection at a place in this State specified in the declaration.” and insert:

     

  will be made available for inspection upon request by the Electoral Commissioner.

   
• (11)

  In regulation 4(5) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

6.Part 4 heading amended

In the heading to Part 4 delete “gifts,” and insert:

political contributions,

7.Regulation 5 amended

• (1)

  In regulation 5(1) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $3 000.

• (2)

  Delete regulation 5(2).

• (3)

  In regulation 5(3) delete “subregulations (1) and (2)” and insert:

   

subregulation (1)

8.Regulation 6 amended

Delete regulation 6(1).

9.Regulation 7 amended

• (1)

  Before regulation 7(1) insert:

   
• (1A)

  This regulation applies to money received by a political party or associated entity.

   
• (2)

  In regulation 7(2):

  • (a)

    in paragraphs (a) and (d) delete “gift” and insert:

     

  political contribution

   
  • (b)

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

     

  or

   

Note: The heading to amended regulation 7 is to read:

Receipt book for money

10.Regulation 8 amended

• (1)

  Before regulation 8(1) insert:

   
• (1A)

  This regulation applies to a political contribution (other than money), including an interest in property, received by a political party or associated entity.

   
• (2)

  In regulation 8(1):

  • (a)

    in paragraph (b) delete “gift” and insert:

     

  political contribution

   
  • (b)

    in paragraph (c) delete “gift;” and insert:

     

  political contribution; and

   
  • (c)

    in paragraphs (d) and (e) delete “gift” and insert:

     

  political contribution

   
  • (d)

    after each of paragraphs (a) and (b) insert:

     

  and

   
• (3)

  In regulation 8(2):

  • (a)

    delete “gift” and insert:

     

  political contribution

   
  • (b)

    delete “gift.” and insert:

     

  political contribution.

   
• (4)

  Delete regulation 8(7).

Note: The heading to amended regulation 8 is to read:

Acknowledgment book for political contribution (other than money) or services

11.Regulation 9 deleted

Delete regulation 9.

12.Regulation 10 amended

In regulation 10(a) delete “gifts” and insert:

political contributions

13.Regulation 11 amended

• (1)

  In regulation 11(1):

  • (a)

    delete “regulation 5(1) and (2),” and insert:

     

  regulation 5(1),

   
  • (b)

    delete “regulations 6 to 9” and insert:

     

  regulations 6 to 8

   
• (2)

  In regulation 11(2) delete “his or her” and insert:

   

the auditor’s

• (3)

  In regulation 11(4) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $3 000.

• (4)

  In regulation 11(6) delete “regulations 5 to 9” and insert:

   

regulations 5 to 8

14.Regulation 15 amended

• (1)

  In regulation 15(1) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

• (2)

  Delete regulation 15(3).

15.Regulation 16 amended

• (1)

  Before regulation 16(1) insert:

   
• (1A)

  This regulation applies to money received by a candidate or group.

   
• (2)

  In regulation 16(1):

  • (a)

    delete “has to be in a form approved by the Electoral Commissioner and has to” and insert:

     

  must

   
  • (b)

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

     

  and

   
• (3)

  In regulation 16(5) delete “his or her” and insert:

   

the agent’s

Note: The heading to amended regulation 16 is to read:

Receipt book for money

16.Regulation 17 amended

• (1)

  Before regulation 17(1) insert:

   
• (1A)

  This regulation applies to a gift (other than money), including an interest in property, received by a candidate or group.

   
• (2)

  In regulation 17(1):

  • (a)

    delete “has to be in a form approved by the Electoral Commissioner and has to” and insert:

     

  must

   
  • (b)

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

     

  and

   
• (3)

  In regulation 17(4) delete “his or her” and insert:

   

the agent’s

• (4)

  Delete regulation 17(7).

Note: The heading to amended regulation 17 is to read:

Acknowledgment book for gift (other than money) or services

17.Regulation 18 deleted

Delete regulation 18.

18.Regulation 20 amended

In regulation 20(1) and (2) delete “regulations 16 to 18” and insert:

regulations 16 and 17

19.Part 4 Division 3 heading amended

In the heading to Part 4 Division 3 delete “other people” and insert:

third‑party campaigners

20.Regulation 22 amended

• (1)

  In regulation 22(1) delete “person who has to lodge a return under subsection (1) of section 175Q” and insert:

   

third‑party campaigner who must lodge a return under section 175Q(1)

• (2)

  In regulation 22(1) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

• (3)

  In regulation 22(2) delete “person” and insert:

   

third‑party campaigner

Note: The heading to amended regulation 22 is to read:

Recording requirements for third‑party campaigners to whom Act s. 175Q applies

21.Regulation 23 amended

• (1)

  Before regulation 23(1) insert:

   
• (1A)

  This regulation applies to money received by a third‑party campaigner.

   
• (2)

  In regulation 23(1)(b) delete “person;” and insert:

   

third‑party campaigner;

• (3)

  Delete regulation 23(2) and insert:

   
• (2)

  If a third‑party campaigner receives a gift of money or an amount of money arising from the proceeds of the sale of a gift made to the third‑party campaigner, the third‑party campaigner must issue, or cause to be issued, a receipt from the third‑party campaigner’s receipt book for the amount received.

   
• (4)

  In regulation 23(3) delete “person or a person authorised by him or her.” and insert:

   

third‑party campaigner or a person authorised by the third‑party campaigner.

• (5)

  In regulation 23(4) delete “An entry under subregulation (2)(b) has to” and insert:

   

A receipt issued under subregulation (2) in relation to an amount of money arising from the proceeds of the sale of a gift made to the third‑party campaigner must

• (6)

  In regulation 23(5) delete “person for his or her” and insert:

   

third‑party campaigner for the third‑party campaigner’s

• (7)

  In regulation 23(7) delete “person” and insert:

   

third‑party campaigner

Note: The heading to amended regulation 23 is to read:

Receipt book for money

22.Regulation 24 amended

• (1)

  Before regulation 24(1) insert:

   
• (1A)

  This regulation applies to a gift (other than money), including an interest in property, received by a third‑party campaigner.

   
• (2)

  In regulation 24(1):

  • (a)

    in paragraph (b) delete “person;” and insert:

     

  third‑party campaigner; and

   
  • (b)

    after each of paragraphs (a) and (c) insert:

     

  and

   
• (3)

  In regulation 24(2) delete “person, the person” and insert:

   

third‑party campaigner, the third‑party campaigner

• (4)

  In regulation 24(3) delete “person or a person authorised by him or her.” and insert:

   

third‑party campaigner or a person authorised by the third‑party campaigner.

• (5)

  In regulation 24(4) delete “person for his or her” and insert:

   

third‑party campaigner for the third‑party campaigner’s

• (6)

  In regulation 24(6) delete “person” and insert:

   

third‑party campaigner

• (7)

  Delete regulation 24(7).

Note: The heading to amended regulation 24 is to read:

Acknowledgment book for gift (other than money) or services

23.Regulation 25 amended

In regulation 25 delete “person” and insert:

third‑party campaigner

24.Regulation 26 amended

• (1)

  In regulation 26(2) delete “person,” and insert:

   

third‑party campaigner,

• (2)

  In regulation 26(3):

  • (a)

    in paragraph (a) delete “person;” and insert:

     

  third‑party campaigner; or

   
  • (b)

    in paragraph (b) delete “persons; or” and insert:

     

  third‑party campaigners; or

   
  • (c)

    in paragraph (c) delete “persons” and insert:

     

  third‑party campaigners

   

25.Regulation 27 amended

• (1)

  In regulation 27(1):

  • (a)

    delete “person” and insert:

     

  third‑party campaigner

   
  • (b)

    at the end of paragraph (a) insert:

     

  and

   
• (2)

  In regulation 27(1) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

• (3)

  In regulation 27(2) delete “person” and insert:

   

third‑party campaigner

• (4)

  In regulation 27(2) delete the Penalty and insert:

   

Penalty for this subregulation: a fine of $1 500.

26.Part 4 Division 4 heading amended

In the heading to Part 4 Division 4 delete “other people who incur electoral expenditure” and insert:

third‑party campaigners to whom Act s. 175SD applies

27.Regulation 28 replaced

Delete regulation 28 and insert:

28. Recording requirements for third‑party campaigners to whom Act s. 175SD applies

A third‑party campaigner who must lodge a return under section 175SD of the Act must keep or cause to be kept in respect of the election concerned bank and financial institution statements in accordance with the requirements set out in regulation 30.

Penalty: a fine of $1 500.

28.Regulation 29 deleted

Delete regulation 29.

29.Regulation 30 amended

In regulation 30 delete “person.” and insert:

third‑party campaigner.

30.Regulation 31 deleted

Delete regulation 31.

31.Regulation 32 replaced

Delete regulation 32 and insert:

32. Bank and financial statements to be retained

A third‑party campaigner who lodges a return under section 175SD of the Act must retain each bank or financial institution statement referred to in regulation 30 for a period of 6 years after its receipt.

Penalty: a fine of $1 500.

32.Part 5 inserted

After regulation 32 insert:

Part 5 — Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023

33. Annual returns to be lodged under Act s. 175N and 175NA after 1 July 2024 for 2024 financial year (Act s. 234)

• (1)

  In this regulation —

2024 financial year means the financial year ending on 30 June 2024;

unamended, in relation to a provision of the Act, means the provision of the Act as in force immediately before 1 July 2024.

• (2)

  This regulation applies if a person received a political contribution or income in the 2024 financial year for which a return is required under sections 175N and 175NA of the Act as in force on 1 July 2024.

• (3)

  Despite the amendments made to the Act by the Electoral Amendment (Finance and Other Matters) Act 2023 —

  • (a)

    unamended sections 175N and 175NA of the Act apply to the person in relation to the 2024 financial year; and

  • (b)

    unamended Part VI of the Act otherwise applies to a return the person is required to lodge under unamended sections 175N and 175NA of the Act for the 2024 financial year.

34. Annual returns for State campaign accounts need not be lodged for 2024 financial year (Act s. 234)

Section 175LQ of the Act does not apply in relation to the financial year ending on 30 June 2024.

Part 3 – Electoral Regulations 1996 amended33.Regulations amended

This Part amends the Electoral Regulations 1996.

34.Regulation 2 amended

• (1)

  In regulation 2 delete the definitions of:

authorised person

issuing officer

• (2)

  In regulation 2 in the definition of ballot paper envelope delete “section 90(4)(c)(ii) or 90(4b)(b) of the Act or in regulation 14(1)(c), 14(3)(b) or 15(b);” and insert:

   

section 100D(2)(c) of the Act or in regulation 11(1)(c) or (3)(b) or 13(1)(b);

35.Part 2 heading replaced

Delete the heading to Part 2 and insert:

Part 2 — Forms

36.Regulation 6 amended

Delete regulation 6(3) and (4).

Note: The heading to amended regulation 6 is to read:

Form of declaration by officer (Act s. 15A)

37.Part 3 heading replaced

Delete the heading to Part 3 and insert:

Part 3 — Register of electors, extracts and rolls

38.Regulation 8 replaced

Delete regulation 8 and insert:

7A. Details of persons to be on register of electors (Act s. 40A)

For the purposes of section 40A(g) of the Act, the date of birth is a detail to be entered on the register of electors.

7B. Content of register extracts under Act s. 62AA (Act s. 62A(4))

• (1)

  This regulation applies to register extracts made available for inspection by the public under section 62AA of the Act.

• (2)

  For the purposes of section 62A(4)(a) of the Act, the register extracts must not include —

  • (a)

    the gender of electors; or

  • (b)

    the name of silent electors; or

  • (c)

    the name of a person who has applied to be a silent elector under section 51B of the Act; or

  • (d)

    the information the subject of a direction of the Electoral Commissioner made under subregulation (3).

• (3)

  If the Electoral Commissioner considers that information contained in the register of electors should not be disclosed in a register extract for privacy or similar reasons, the Electoral Commissioner may, by written notice published on the Commission website, direct that a register extract not include that information.

• (4)

  A direction made under subregulation (3) may apply generally or to a particular register extract.

7C. Omitting names of silent electors when disclosing particular enrolment information (Act s. 62AC(5))

• (1)

  This regulation applies to enrolment information other than register extracts.

• (2)

  If the Electoral Commissioner considers that a silent elector’s name should not be disclosed as part of enrolment information for privacy or similar reasons, the Electoral Commissioner may omit the names of silent electors when enrolment information is disclosed.

• (3)

  If the Electoral Commissioner makes a decision under subregulation (1), the Electoral Commissioner must give the person to whom the enrolment information is disclosed a written notice indicating that the names of silent electors are omitted under this regulation.

8. Content of rolls (Act s. 76AF)

• (1)

  A roll must include the details of an elector the subject of a direction made under subregulation (2).

• (2)

  The Electoral Commissioner may, by written notice published on the Commission website, direct that details from the register of electors about an elector must be included on the roll for the purposes of better identifying the elector on the roll.

• (3)

  A direction under subregulation (2) may apply —

  • (a)

    to all rolls or to a particular roll; and

  • (b)

    to all electors or particular electors.

     
  39.Regulation 10 amended
• (1)

  Delete regulation 10(1) and insert:

   
• (1)

  For the purposes of section 47(3)(g) of the Act, the mark “47(3)(g)” is to be placed against the person’s name when the person is enrolled.

   
• (2)

  In regulation 10(2) delete “notation” and insert:

   

mark

Note: The heading to amended regulation 10 is to read:

Manner of marking register of electors prescribed (Act s. 47(3)(g))

40.Regulation 10A amended

In regulation 10A delete “section 126(1)” and insert:

section 98A(1)(b)

Note: The heading to amended regulation 10A is to read:

Manner prescribed of recording on roll the issue of ballot paper (Act s. 98A(1)(b))

41.Part 4 replaced

Delete Part 4 and insert:

Part 4 — Absent and provisional voting

Note for this Part:

See section 99B of the Act in relation to how absent and provisional voting occurs at a mobile polling place.

11. Manner of absent voting (Act s. 97I)

• (1)

  If an elector wishes to vote as an absent voter at a polling place at which there is a copy of the roll for the district for which the elector is enrolled, an officer must —

  • (a)

    issue a ballot paper to the elector; and

  • (b)

    make a record of the elector’s name on a copy of the roll; and

  • (c)

    give the elector an envelope for the ballot paper that states, or from the outside of which can be seen, the name of the district for which the elector is enrolled.

Example:

For the purposes of paragraph (c) — the envelope contains a window through which the name of the district can be seen.

• (2)

  The record referred to in subregulation (1)(b) may be made by electronic means if the officer considers it appropriate in the circumstances.

• (3)

  If a person wishes to vote as an absent voter at a polling place at which there is not a copy of the roll for the district for which the person wishes to vote, the following provisions apply to the taking of the person’s absent vote —

  • (a)

    before a person is issued with a ballot paper to cast their absent vote —

    • (i)

      the person must complete and sign a declaration under regulation 12 in the presence of an officer; and

    • (ii)

      the officer must attest the signature of that person to the declaration;

  • (b)

    the declaration must be attached to an envelope;

  • (c)

    the officer must give the envelope to the person.

• (4)

  For the purposes of section 98B(c)(ii) of the Act, the method of dealing with the ballot paper for an absent voter is —

  • (a)

    the absent voter must put the ballot paper in the envelope given under subregulation (1)(c) or (3)(c); and

  • (b)

    the absent voter must deposit the envelope in a ballot box in use at the polling place at which the absent vote is cast.

12. Prescribed declarations for declaration voting

For the purposes of sections 97B, 97C, 97D, 97E, 97F and 97G of the Act or regulation 11(3)(a)(i), the prescribed declaration the person is required to make before an officer is in writing, signed by the person and in the following form —

• 1.

  I am entitled to be enrolled and to vote at this election; and

• 2.

  I have not already voted at this election.

13. Manner of provisional voting (Act s. 97I and 98B)

• (1)

  For the purposes of section 97I(2) of the Act, the manner in which a person may vote as a provisional voter is —

  • (a)

    the declaration referred to in regulation 12 must be attached to an envelope in which the person’s ballot paper can be placed; and

  • (b)

    the envelope must be given to the person; and

  • (c)

    the ballot paper issued for the purposes of provisional voting must contain the particulars relevant to the election in which the vote must be cast.

• (2)

  For the purposes of section 98B(c)(ii) of the Act, the method of dealing with the ballot paper for a person who votes as a provisional voter is —

  • (a)

    the person must put their ballot paper in the envelope given under subregulation (1)(b); and

  • (b)

    the person must deposit the envelope in a ballot box in use at the polling place at which the provisional vote is cast.

14. Records about absent and provisional votes

The Electoral Commissioner must ensure that records are maintained, in a format approved by the Electoral Commissioner, of the particulars of every person issued with a ballot paper for absent voting or provisional voting at every polling place for a particular election.

15. Dealing with absent and provisional votes in ballot boxes

• (1)

  At the close of the poll, an assistant returning officer or the returning officer who opens a ballot box must —

  • (a)

    cause the envelopes with absent votes or provisional votes to be separated from the other ballot papers contained in the ballot box; and

  • (b)

    cause the envelopes to be sorted into their respective districts.

• (2)

  For the purposes of section 97I(5) of the Act, envelopes with ballot papers inside must be transmitted to the Electoral Commissioner —

  • (a)

    if an officer other than the returning officer opens the ballot box — by the officer giving the envelopes to the returning officer to be transmitted to the Electoral Commissioner; or

  • (b)

    if the returning officer opens the ballot box or receives envelopes under paragraph (a) — by the returning officer transmitting the envelopes directly to the Electoral Commissioner.

16. Scrutinising declarations with particular absent and provisional votes

• (1)

  The officer concerned with the scrutiny of declarations made under section 97B, 97C, 97D, 97E or 97F of the Act or regulation 11(3)(a)(i) in relation to absent or provisional votes must —

  • (a)

    examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

  • (b)

    examine the roll to ensure that the name of the person claiming to vote is enrolled; and

  • (c)

    if the name is on the roll —

    • (i)

      make a record of the elector having voted; and

    • (ii)

      detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

    • (iii)

      keep the ballot box or packet secure;

  and

  • (d)

    if the name is not on the roll — set the envelope aside for retention by the Electoral Commissioner.

• (2)

  The officer concerned with the scrutiny of declarations made under section 97G of the Act in relation to provisional votes must —

  • (a)

    examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

  • (b)

    retain the envelope until the person’s claim for enrolment, or claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a Commonwealth roll for this State, is decided; and

  • (c)

    if the person is enrolled pursuant to the claim —

    • (i)

      make a record of the elector having voted; and

    • (ii)

      detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

    • (iii)

      keep the ballot box or packet secure;

  and

  • (d)

    if paragraph (c) does not apply — set the envelope aside for retention by the Electoral Commissioner.

• (3)

  If a declaration relating to an absent or provisional vote is not signed by the officer, the officer conducting the scrutiny of the declarations must not reject the ballot paper for that reason alone.

17. Counting of absent votes if roll marked on the day

The officer counting absent voters’ ballot papers to which a declaration is not attached must open the ballot paper envelope into which a ballot paper is put under regulation 11(4)(a), remove the ballot paper contained in the envelope and count the ballot paper.

Part 4A — Postal voting

18. Numbering application for postal vote application (Act s. 100C)

For the purposes of section 100C(1)(b) of the Act, the issuing officer who receives a postal vote application that complies with section 100B of the Act must number the application by giving it a unique identifying number and a method for identifying the application, including, for example, a barcode.

19. Scrutiny of declarations provided with postal ballot papers (Act s. 100M)

• (1)

  For the purposes of section 100M(1) and (5)(d) of the Act, the Electoral Commissioner, or an officer directed by the Electoral Commissioner, must —

  • (a)

    open the envelope containing a postal ballot paper received by the Electoral Commissioner under section 100L of the Act; and

  • (b)

    scrutinise the declaration relating to the postal ballot paper to determine whether the ballot paper must be rejected, disallowed, allowed or admitted, including if the person who sent the postal ballot paper to the Electoral Commissioner made a postal vote application by checking the declaration against the application; and

  • (c)

    if the Electoral Commissioner or officer determines the ballot paper must be allowed or admitted —

    • (i)

      make a record of the elector having voted; and

    • (ii)

      open the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

    • (iii)

      keep the ballot box or packet secure;

  and

  • (d)

    if the Electoral Commissioner or officer considers that the postal ballot paper must be rejected or disallowed — set the envelope aside for retention by the Electoral Commissioner.

• (2)

  If scrutiny of the declarations occurs before the commencement of the poll on polling day, the Electoral Commissioner must give notice of the time and place of the scrutiny to —

  • (a)

    each registered political party who has an endorsed candidate in the election; and

  • (b)

    each non‑party candidate in the election.

20. Records of postal ballot paper

The Electoral Commissioner must maintain records of the particulars of every person issued with a postal ballot paper under section 100D of the Act for a particular election.

42.Regulation 22 amended

• (1)

  In regulation 22(2)(a)(iii) delete “a penalty (not exceeding $20) has been imposed by the Electoral Commissioner for the apparent” and insert:

   

a penalty (not exceeding $50) may be imposed under section 45 of the Act for the

• (2)

  In regulation 22(3) delete “he or she” and insert:

   

the person

43.Regulation 22B deleted

Delete regulation 22B.

44.Regulation 22C inserted

After regulation 22B insert:

22C. Prescribed watermark for official paper (Act s. 94A(2)(a))

For the purposes of section 94A(2)(a) of the Act, the prescribed watermark is —

45.Regulation 23 amended

Delete regulation 23(2).

46.Schedule 2 Forms 3 and 4 deleted

Delete Schedule 2 Forms 3 and 4.

47.Schedule 3 amended

After the heading to Schedule 3 insert:

• [r.7(1)]  

48.Schedule 3 Form 1 replaced

Delete Schedule 3 Form 1 and insert:

Form 1

Western Australia

Electoral Act 1907 (s. 76AA(4)(b))

FORM OF PRINTED ELECTORAL ROLL

Roll of electors for the .............................................................................. District.

Surname Given names Electoral address

49.Schedule 3 Form 2 amended

In Schedule 3 Form 2:

• (a)

  delete “Christian or” (each occurrence);

• (b)

  delete:

   

13	Evidence of your identity Confirm your identity using one of these 3 options	o Australian driver’s licence	Number
		State or Territory
		or
		o Australian passport	Number
		or
		o Have a person who is on the Commonwealth electoral roll confirm your identity below    ▼

and insert:

 

13	Evidence of your identity Confirm your identity using one of these options	o Details of the form of identity allowed under the Commonwealth Electoral Act 1918
		or
		o Have a person who is on the Commonwealth electoral roll confirm your identity below    ▼

50.Schedule 3 Form 10 deleted

Delete Schedule 3 Form 10.

51.Schedule 3 Form 11 amended

In Schedule 3 Form 11:

• (a)

  delete “17” and insert:

   

16

 

• (b)

  delete “sex” and insert:

   

gender

  52.Schedule 3 Forms 16 to 23E amended

In Schedule 3 Forms 16 to 23E delete “Last day for the nomination of candidates:” and insert:

The time before which a person may nominate as a candidate is 12 noon on:

53.Schedule 3 Forms 26 to 31 deleted

Delete Schedule 3 Forms 26 to 31.

54.Schedule 3 Form 33 amended

In Schedule 3 Form 33:

• (a)

  delete “physically incapacitated,” and insert:

   

have a physical impairment,

 

• (b)

  delete “polling place” and insert:

   

place to vote

 

• (c)

  delete:

   

o       by early vote (obtained by oral application)

at the following location .....................................................

or

• (d)

  delete “early vote (obtained by written application)” and insert:

   

postal vote

  55.Schedule 3 Form 34 amended

In Schedule 3 Form 34:

• (a)

  delete “polling place” and insert:

   

place to vote

 

• (b)

  delete “early vote.” and insert:

   

postal vote.

 

• (c)

  delete “physically incapacitated,” and insert:

   

have a physical impairment,

  56.Schedule 3 Form 37 deleted

Delete Schedule 3 Form 37.

K. COLLERAN, Clerk of the Executive Council