Local Government (Constitution) Amendment Regulations 2007 (WA)

21 August 2007 GOVERNMENT GAZETTE, WA 4183

Amendment Regulations 2007.

LG302*

Local Government Act 1995

Local Government (Constitution) Amendment

Regulations 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Local Government (Constitution)

4184 GOVERNMENT GAZETTE, WA 21 August 2007

2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2 - on the day on which these regulations are published in the Gazette ("Gazettal day");
(b)	regulations 3 and 10 - on the day after Gazettal day;
(c)	regulation 12—on the day on which the Local Government (Official Conduct) Amendment Act 2007 section 11 comes into operation;
(d)	the rest of the regulations - on the day on which the Local Government Amendment Act 2007 (other than sections 1 and 2) comes into operation.

3.            The regulations amended

The amendments in these regulations are to the Local
Government (Constitution) Regulations 1998.

4.            Regulation 10A amended

(1)	Regulation 1 OA is amended in the definition of "election" by inserting after "Schedule 2.3" -
44 to the Act
(2)	Regulation 1OA is amended in the definition of "records of the election" as follows:

(a) in paragraph (b) by deleting "councillor" and inserting instead -

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council member

(b) after paragraph (c) by deleting the full stop and inserting -

44

and

(d) if 3 or more candidates were named on the

ballot paper, a record of the manual count
that shows how the number of votes obtained
or received by each candidate was
ascertained or, if an electronic counting

system was used for the election -

(i) a paper copy of the electronic record

of preferences indicated on ballot
papers that was used as data by the
system to ascertain the number of
votes obtained or received by each
candidate; and
a paper copy of the electronic count
that shows how the number of votes
obtained or received by each
candidate was ascertained.

21 August 2007 GOVERNMENT GAZETTE, WA 4185

(c) after paragraph (a) by inserting -

and

5.           Regulation hA amended

(1)	Regulation 1 1A(3) is amended by deleting "Forms 10 and 11" and inserting instead -
" Form 10 ".
(2)	Regulation 1 1A(4) is repealed and the following subregulations are inserted instead -
(4) A council member is to cast his or her vote by marking

the ballot paper as follows -

(a)

if only 2 candidates are named on the ballot paper - by writing the numeral "1" in the box opposite the name of the candidate whom the council member wishes to be elected;

(b)

if 3 or more candidates are named on the ballot paper - by writing the numeral "1" in the box opposite the name of the candidate for whom the council member votes as his or her first preference, the numeral "2" in the box opposite the name of the candidate for whom the council member votes as his or her second preference, and so on, until the council member has numbered every box to indicate the order of his or her preference for all the candidates.

(5) If preferences are indicated for all but one of the
candidates, that candidate is taken to rank lowest in the
order of the council member's preference for the
candidates.

6.            Regulation 11EA inserted

After regulation 1 1E the following regulation is inserted -

11EA.	Counting of votes in accordance with Schedule 4.1 (Sch. 2.3 el. 4, 5, 8 and 9)
Regulations made under Schedule 4.1 to the Act regarding the drawing of lots apply in respect of the election in so far as they are capable of being so applied.

4186 GOVERNMENT GAZETTE, WA 21 August 2007

7.           Regulation 1 I amended

(1) After regulation 1 1F(2)(a) the following is inserted -

"

(aa) if 3 or more candidates were named on the

ballot paper, the order of election or exclusion

of each candidate; and

(2)	Regulation 1 1F(3) is repealed and the following subregulation is inserted instead -
(3) The declaration may include -

(a)	if only 2 candidates were named on the ballot paper, the number of votes received by each candidate;
(b)	if 3 or more candidates were named on the ballot paper, any of the following -

(i)     the number of first preference votes received by each candidate;

(ii)     the votes obtained or received by each candidate at election or exclusion.

8.            Regulation I 1FA inserted

After regulation 1 IF the following regulation is inserted -

11FA. Report to Minister (Sch. 2.3 ci. 4 and 8)

(1) Within 14 days after the declaration of the result of the
election, the person conducting the election is to
provide the Minister with a report as to the result of the
election.

(2) The report is to be in the form of Form 20 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.

9. Regulation Ill-I inserted
After regulation 11 G the following regulation is inserted

11H.	Notice of effect of Court's decision (Sch. 2.3 ci. 12)
If a Court of Disputed Returns makes a declaration under regulation 85(1)(a), (b) or (c) of the Local Government (Elections) Regulations 1997, as applied under clause 12(2) of Schedule 2.3 to the Act, the CEO is, as soon as practicable -

(a) to give local public notice in a form that
conveys the effect of the declaration; and

21 August 2007 GOVERNMENT GAZETTE, WA 4187

(b) to provide to the Minister a report in a form that

conveys the effect of the declaration.

10.          Regulation 12 amended

Regulation 12 is amended as follows:

(a) in paragraph (a)(i) by deleting "2 years" and inserting instead -

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one year

(b)

in paragraph (b)(i) by deleting "$10 000" and inserting " $5 000 ".

11.          Regulation 14 amended

Regulation 14(1)(a) and (b) are amended by inserting after
"Schedule 9.3" -

44 to the Act

12.          Schedule 1 amended

Schedule 1 is amended by deleting Forms 7 and 8 and inserting the following forms instead

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Form 7. Declaration by elected member of council l'. 13(1)(c)]

Local Government Act 1995
Local Government (Constitution) Regulations 1998

Declaration by elected member

of' ......................................................................................................................................
having been elected to the office of 2mayor/deputy mayor/president/deputy

president/councillor of the3 ................................................................................................

declare that I take the office upon myself and will duly, faithfully, honestly, and with

integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the Local Government (Rules of Conduct) Regulations 2007.

Declared at ............................................on
by

Before me:

Insert your residential address.

2 Delete those that do not apply.
Insert the name of the local government.

4188 GOVERNMENT GAZETTE, WA 21 August 2007

Form 8. Declaration by commissioner [r. 13(1)(d)]

Local Government Act 1995
Local Government (Constitution) Regulations 1998

Declaration by commissioner

I,

of'	,
having been appointed to the office of commissioner
of the2	,
declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office according to the best of my judgment and ability.
Declared at	on
by
Before me:

Insert your residential address.
Insert the name of the local government.

13.           Miscellaneous amendments

Each provision listed in column 1 of the Table to this regulation is amended by deleting the text set out in column 2, and inserting instead the text set out in column 3, opposite that provision.

Table

Column 1	Column 2	Column 3
Provision	Delete	Insert

r. 11C	councillor	council member
r. 11D(1)	councillor	council member

r. 11D(2) councillors council members

r. 11E(1) (3 places)	councillor	council member
r. 11E(1)	councillor's	council member's
r. 11E(2)	councillor	council member
r. 11F(1)	councillors	council members

Note: The heading to regulation 11E is to be altered by deleting "councillors"

and inserting instead "council members".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.