Local Government (Elections) Amendment Regulations 2025 (WA)
Western Australia
Local Government Act 1995
Western Australia
Local Government Act 1995
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on the day after that day.
These regulations amend the
In regulation 3 insert in alphabetical order:
In regulation 18(2) delete “22nd” and insert:
29
Delete regulation 22 and insert:
(1) The CEO must supply a copy of a roll for any election, free of charge, to any member of the council who asks for a copy, unless the member has already been supplied with a copy of the roll under regulation 22.
(2) If a member asks for more than 1 copy of a roll, the CEO may, at their discretion, supply the additional copy or copies free of charge but, in exercising that discretion, the CEO must deal with different members in a consistent manner.
(1) The responsible person must supply a copy of a roll for any election, free of charge, to each candidate in the election, unless the candidate has already been supplied with a copy of the roll under regulation 21A.
(2) If a candidate asks for more than 1 copy of a roll, the responsible person may, at their discretion, supply the additional copy or copies free of charge but, in exercising that discretion, the responsible person must deal with different candidates in a consistent manner.
(3) If the Electoral Commissioner is responsible for the conduct of the election, the functions of the responsible person under this regulation are to be performed by the RO.
(4) If the Electoral Commissioner is not responsible for the conduct of the election, the functions of the responsible person under this regulation are to be performed by the CEO unless the CEO and RO agree that the functions will be performed by the RO, in which event the RO is to perform the functions.
In regulation 30BA(1) delete the Penalty and insert:
Penalty for this subregulation: a fine of $10 000.
(1) In regulation 30B(1) delete the Penalty and insert:
Penalty for this subregulation: a fine of $10 000.
(2) In regulation 30B(2) delete “30D(2).” and insert:
30D(2), subject to regulation 30D(3).
(3) In regulation 30B(2) delete the Penalty and insert:
Penalty for this subregulation:
(a) a fine of $10 000;
(b) a daily penalty of a fine of $500 for each day or part of a day during which the offence continues.
(4) In regulation 30B(4) delete the Penalty and insert:
Penalty for this subregulation: a fine of $10 000.
Delete regulation 30CA.
In regulation 30C(1) delete “30B(1) and 30CA(1),” and insert:
30B(1),
(1) In regulation 30D(1) delete “30B(2) or 30CA(2),” and insert:
30B(2),
(2) In regulation 30D(2):
(a) delete “30B(2) or 30CA(2),” and insert:
30B(2),
(b) in paragraph (a) delete “making,”;
(c) in paragraph (b) delete “made,”;
(d) in paragraph (b) delete “day of nomination,” and insert:
day of nomination.
(e) delete the passage that begins with “unless the CEO” and continues to the end of the subregulation.
(3) After regulation 30D(2) insert:
(3) A disclosure may be made outside the time period in subregulation (2)(a) or (b) if —
(a) the candidate is unable to make the disclosure within the time period due to circumstances beyond the candidate’s control; and
(b) the candidate makes the disclosure as soon as possible; and
(c) at the same time as the candidate makes the disclosure, the candidate lodges with the CEO a statutory declaration made by the candidate that —
(i) sets out the circumstances referred to in paragraph (a); and
(ii) explains why the circumstances were beyond the candidate’s control and how they prevented the candidate from making the disclosure within the time period.
12. Regulation 30F amended
(1) In regulation 30F(1):
(a) delete “30B(4) and 30CA(3),” and insert:
30B(4),
(b) in paragraph (b) delete “made,”.
(2) Delete regulation 30F(3) and insert:
(3) For the purposes of subregulation (2)(c), the reasons must constitute a reasonable excuse for the candidate not being able to provide the information.
(1) In regulation 30G(2) delete “and donors”.
(2) After regulation 30G(6) insert:
(7) In this regulation, references to a ‘disclosure of gifts’ form include a statutory declaration lodged under regulation 30D(3)(c).
In regulation 30I(1) delete the Penalty and insert:
Penalty for this subregulation: a fine of $5 000.
Delete regulation 31(1)(d) and insert:
(d) whether the election will be conducted as a postal election or as a voting in person election;
In regulation 50 delete the Penalty and insert:
Penalty: a fine of $10 000.
After regulation 52(3) insert:
(4) For the purposes of subregulation (1)(b), if the RO believes that the elector’s certificate might be enclosed in the ballot paper envelope, the RO may —
(a) open the ballot paper envelope and look for the elector’s certificate, without examining the ballot paper; and
(b) if the elector’s certificate is in the ballot paper envelope — extract the elector’s certificate.
(5) If the RO opens a ballot paper envelope under subregulation (4) —
(a) the RO must close and reseal the ballot paper envelope (with the ballot paper inside); and
(b) the ballot paper envelope must then be dealt with as if it had not been opened under subregulation (4).
18. Part 12D inserted
After regulation 75T insert:
(1) In this Part —
(2) In this Part, references to Schedule 4.1 are to Schedule 4.1 of the Act.
(1) This Part prescribes, for the purposes of section 4.72A(3), the circumstances in which the RO must arrange for a full re‑count of the votes cast in the election (a
full re‑count ).(2) This Part applies, before any re‑count under section 4.72A(1), once the count (the
original count ) of the votes cast in the election has been completed (except for, if applicable, any drawing of lots required under Schedule 4.1 clause 2(2), 5(6)(b) or 13(3)).(3) However, this Part does not apply if —
(a) the RO uses an electronic counting system for the election; and
(b) the electronic counting system is an electronic system, or an electronic system of a type, that the Electoral Commissioner has approved for use in the election or in elections for local governments; and
(c) the RO is satisfied —
(i) that all ballot papers (other than rejected ballot papers) have been entered in the electronic counting system; and
(ii) each entry of a ballot paper was made by an electoral officer and then verified, by way of re‑entry, by another electoral officer.
(4) This Part does not require the RO to arrange for a full re‑count more than once.
(5) This Part does not prevent the RO arranging for a re‑count under section 4.72A(1) after the completion of a full re‑count required under this Part or if a full re‑count is not required under this Part.
(1) If the election is a one office election with 2 candidates, the RO must arrange for a full re‑count if, on the completion of the original count —
(a) the 2 candidates have the same number of first‑preference votes; or
(b) the difference between the number of first‑preference votes for the first‑placed candidate, and the number of first‑preference votes for the other candidate, is less than the re‑count threshold.
(2) For the purposes of subregulation (1)(b), the
re‑count threshold is —(a) 11; or
(b) if greater than 11, 1% of the total number of first‑preference votes.
(1) If the election is a one office election with 3 or more candidates, the RO must arrange for a full re‑count if subregulation (2), (4) or (6) applies.
(2) This subregulation applies if —
(a) Schedule 4.1 clause 4(2) applies on the completion of the original count; and
(b) the difference between the number of first‑preference votes for the first‑placed candidate, and the number of first‑preference votes for another candidate, is less than the re‑count threshold.
(3) For the purposes of subregulation (2)(b), the
re‑count threshold is —(a) 11; or
(b) if greater than 11, 1% of the total number of first‑preference votes.
(4) This subregulation applies if —
(a) Schedule 4.1 clause 5(3) applies on the completion of the original count; and
(b) the difference between the number of votes for the first‑placed continuing candidate on the last count under Schedule 4.1 clause 5(2)(d), and the number of votes for another continuing candidate on that count, is less than the re‑count threshold.
(5) For the purposes of subregulation (4)(b), the
re‑count threshold is —(a) 11; or
(b) if greater than 11, 1% of the total number of all votes for continuing candidates on the last count under Schedule 4.1 clause 5(2)(d).
(6) This subregulation applies if Schedule 4.1 clause 5(6)(b) applies on the completion of the original count.
(1) In this regulation —
(a) 11; or
(b) if greater than 11, 1% of the quota for the election (as determined under Schedule 4.1 clause 8).
(2) If the result of the election is to be ascertained under Schedule 4.1 Division 3, the RO must arrange for a full re‑count if subregulation (3), (4), (5) or (6) applies.
(3) This subregulation applies if —
(a) on the original count, all the offices to be filled are filled under Schedule 4.1 clause 8(5); and
(b) the difference between the number of first‑preference votes for a candidate who is elected, and the number of first‑preference votes for a candidate who is not elected, is less than the re‑count threshold.
(4) This subregulation applies if —
(a) on the original count, the last office to be filled is filled under Schedule 4.1 clause 9(4), 10(4) or 11(6) on the completion of a transfer of votes (see Schedule 4.1 clause 18); and
(b) the difference between the number of votes for a continuing candidate who is elected on the completion of that transfer, and the number of votes for a continuing candidate who is not elected on the completion of that transfer, is less than the re‑count threshold.
(5) This subregulation applies if Schedule 4.1 clause 13 applies on the original count and —
(a) the 2 continuing candidates have the same number of votes; or
(b) the difference between the number of votes for the continuing candidate who is elected, and the number of votes for the other continuing candidate, is less than the re‑count threshold.
(6) This subregulation applies if Schedule 4.1 clause 14 applies on the original count and —
(a) the last candidate to be excluded was excluded under Schedule 4.1 clause 16; or
(b) the difference between the number of votes for a continuing candidate who is elected under Schedule 4.1 clause 14, and the number of votes for the last candidate to be excluded, is less than the re‑count threshold.
19. Regulation 89A inserted
After regulation 89 insert:
(1) This regulation applies to a local government if the local government is specified in an order under section 4.1C or 4.1D that is in force.
(2) In applying section 4.99(1) or regulation 88 in relation to the local government, the provisions of the order are taken to be provisions of Part 4 of the Act.
At the end of Part 16A insert:
(1) In this regulation —
(2) The amendments made by the
Local Government (Elections) Amendment Regulations 2025 regulations 4 to 13, 15 to 18 and 21 do not apply in relation to a pre‑18 October 2025 election and, accordingly, these regulations apply in relation to the pre‑18 October 2025 election as if those amendments had not been made.(3) Without limiting subregulation (2), the amendment made by the
Local Government (Elections) Amendment Regulations 2025 regulation 13(1) does not affect the application of regulation 30G in relation to a ‘disclosure of gifts’ form completed by a donor in relation to a pre‑18 October 2025 election.
Delete Schedule 1 Form 9A and insert:
[s. 4.59 and r. 30D]
Surname. .. .. .. .. .. .. .. .. .. . Other names. .. .. .. .. .. .. .. .. .
Name. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Address. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Name. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Address. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Date gift promised or received. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Value of gift. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Description of gift. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
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.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
I. .. .. .. .. .. .. .. .. .. .. .. .. declare that all information and details provided are true and correct, and no known, relevant information is omitted.
Signature. .. .. .. .. .. .. .. .. .. .. .. Date. .. .. .. .. .. .. .. .. .. . .
K. COLLERAN, Clerk of the Executive Council
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