Local Government (Elections) Amendment Regulations (No. 2) 1998 (WA)
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| LG302* |
(Elections) Amendment Regulations (No. 2) 1998. Local Government Act 1995
Local Government (Elections) Amendment
Regulations (No. 2) 1998
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Local Government
22 December 19981 GOVERNMENT GAZETTE, WA 6869 2. The regulations amended
The amendments in these regulations are to the Local
Government (Elections) Regulations 1997*.
[* Published in Gazette 14 February 1997, pp. 905-1008.For amendments to 8 December 1998 see Gazette
20 November 1998, pp. 6275- 7. ] 3. Regulation 18 amended
(1) After regulation 18(1) the following subregulation is inserted - 94
(la) If the CEO is not the RO, the RO may direct the CEO
to consolidate the residents roll with the owners and
occupiers roll for the purposes of the election.
(2) Regulation 18(2) is amended by deleting "consolidation roll
under subregulation (1)" and inserting instead -consolidated roll under subregulation (1) or (la)
4. Regulation 26 amended
(1) Regulation 26(2) is amended by deleting "cheque,". (2) Regulation 26(3) is amended by inserting after "deposit by" - cheque, ".
5. Regulations 30H, 301 and 30J renumbered
Regulations 30H, 301 and 30J are redesignated, respectively, as regulations 300 30H and 301.
6. Regulation 43 amended
After regulation 43(1) the following subregulation is inserted -
66
(la) A reference in - (a) regulation 50 to a postage pre-paid envelope; or (b)
regulation 52, 52A, 58(3) or 6 1(3) to a ballot paper envelope,
includes a reference to an envelope that combines a
ballot paper envelope referred to in subregulation (1)(d)
with a postage pre-paid envelope referred to in
subregulation (1)(f).
7. Regulation 45 amended
Regulation 45(7) is amended by inserting after "or (f)" -
"or, (other than in subregulation (6)), a combination of those kinds of voting papers as described in regulation 43(la)
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8. Regulation 52 amended
After regulation 52(2) the following subregulation is inserted -"
(3) If the postage pre-paid envelope and the ballot paper
are combined, subregulation (l)(d) does not apply.
9. Regulation 52A inserted
After regulation 52 the following regulation is inserted -66
52A. Preparation of postal ballot papers for count (1) Postal voting papers for a postal election that have
been -
(a)
received by the RO before 6 p.m. on election day;
(b) checked in accordance with this Division; and (c)
accepted for further scrutiny in accordance with regulation 52,
may be prepared for counting by the RO.
(2) To prepare postal voting papers under
subregulation (1), the RO may, before 6 p.m. on
election day -
(a)
remove the ballot paper envelopes from the ballot box in which they were placed under regulation 52(1 )(d);
(b) open each ballot paper envelope; and
(c) without - (i) examining the ballot paper personally; or
(ii) allowing the examination of the ballot paper by any scrutineers present,
remove the ballot paper from the envelope and place the ballot paper into a sealed ballot box, which must remain sealed until 6 p.m. on
election day.
10. Regulation 62 amended
Regulation 62(3)(b) is amended by inserting after "the Electoral
Act 1907" -66
or under the Commonwealth Electoral Act 1918 ".
22 December 19981 GOVERNMENT GAZETTE, WA 6871 11. Regulation 69 amended
(1) Regulation 69(3) is amended by deleting "at a polling place for
the election during the hours of polling on election day, and
during those hours" and inserting instead -66 at any stage in that election process, and during the
election
(2) Regulation 69(4) and (5) are repealed and the following
subregulations are inserted instead -44
(4) A person to be appointed as a scrutineer is to make a
declaration on the duplicate notice of appointment
described in subregulation (1) before -
(a) a justice; (b)
a person who has authority under the Declarations and Attestations Act 1913 to take statutory declarations; or
(c)
the RO, a deputy returning officer or a presiding officer.
(5) On receipt of a completed notice and duplicate notice (Form 18) the RO or presiding officer is to endorse an acknowledgement of the appointment of a scrutineer on the duplicate notice and give it back to the candidate
who is to give it to the person appointed.12. Regulation 70 amended
Regulation 70(1) is amended by deleting "69(4)." and inserting instead -
" 69(5). ". 13. Regulation 71 amended
Regulation 71 is amended by inserting after paragraph (d) the
following paragraph -
"
(da) to be present at the preparation of postal voting
papers for counting under regulation 52A, but
only at a sufficient distance from the
preparation process that the markings on the
ballot papers cannot be ascertained by the
scrutineers;
14. Regulation 72 amended
Regulation 72(e) is amended after "71 (d)" by inserting -(da)
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15. Regulation 73 amended
(1) Regulation 73(1) is amended by deleting "a later day." and
inserting instead -as soon as is practicable thereafter. ".
(2) Regulation 73(3) is amended by deleting "a later day." and
inserting instead -
" as soon as is practicable thereafter. ". (3) Regulation 73(4) is repealed. 16. Regulation 76 amended
Regulation 76(2) is repealed.
17. Regulation 77 amended
Regulation 77(1) is amended by deleting "to take votes cast in person".
18. Regulation 85 amended
(1) Regulation 85 is amended by inserting before "In adjudicating"
the subregulation designation "(1)".(2) At the end of regulation 85 the following subregulation is
inserted -61
(2) If the investigation of the invalidity complaint leads to
a finding by the Court that 2 or more candidates
received the same number of votes, the Court may
order the RO to draw lots in accordance with
Schedule 4.1 of the Act, and to inform the Court of the
result to enable the Court to make a determination
under subregulation (1). 19. Regulation 89 amended
(1) Regulation 89 is amended by inserting before "A local" the
subregulation designation "(1)".(2) At the end of regulation 89 the following subregulations are
inserted -
(2) Where a poll is required by the Minister under
Schedule 2. 1, clause 7 or 8 of the Act, the Minister
may, by notice in writing to the relevant local
government or local governments, fix the day on which
the poll is to be held.(3) Where -
(a) a poll is required by the Minister under
Schedule 2. 1, clause 7 or 8 of the Act; and
22 December 19981 GOVERNMENT GAZETTE, WA 6873
(b) the Electoral Commissioner is to be responsible for the conduct of that poll, due to a declaration made under section 4.20(4) of the Act, the local governments involved in that poll may, with the agreement of the Electoral Commissioner, abridge the time periods set out in sections 4.20(5) and (6),
4.39(1) and (2), 4.40(1) and (2), 4.41 (1), and 4.61(3)
and (5), to take account of periods in Part 4 of the Act
that only apply to electoral polling.20. Schedule 1 amended
(1) Form 5 in Schedule 1 is amended by deleting the heading "Back
of Form 5" and the "Information to support your appeal" box
and inserting instead -44
Information You should include with this form details of any to support information which supports your appeal. You may your appeal wish to include:
o your enrolment eligibility claim form; 0 the notice of rejection from the local
government; and
• if you are a nominee, a copy of the nomination. Note: The Electoral Commissioner will not be able to process your appeal unless all necessary documentation is provided.
Back of Form 5
(2) Form 7 in Schedule 1 is amended by deleting the heading "Back
of Form 7" and the "Information to support your appeal" box and inserting instead - 66
Information You should include with this form details of any to support information which supports your appeal. You may your appeal wish to include:
o the notice of acceptance you received when your
enrolment eligibility claim was accepted;0 the notice of cancellation of eligibility; and
0 any other documents that support your appeal.Note: The Electoral Commissioner will not be able to process your appeal unless all necessary documentation is provided.
Back of Form 7
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(3) Form 13 (a) in Schedule 1 is amended by deleting the "Election
package" box and inserting instead -66
Election This is your Postal Voting Election Package. It package contains:
•
profiles of each of the candidates in your electorate;
• a ballot paper; • an elector's certificate', 12; • a ballot paper envelope"; •
a postage pre-paid envelope addressed to the Returning Officer".
If any of these papers are missing from your package please contact the Returning Officer for your district.
(4) Form 13 (a) in Schedule 1 is amended in the "How to vote" box
by deleting "vote" and inserting instead -
66 vote 1b (5) Form 13 (b) in Schedule 1 is amended by deleting the "Election
package" box and inserting instead -66
Election Ihis is your Postal Voting Election Package. It package contains:
• for the election of mayor 4:
• profiles of each of the candidates; and • a mayoral4 ballot paper;
• for the election of councillors: • a councillors ballot paper; an elector's certificatella; • • a ballot paper envelope'; • a postage pre-paid envelope addressed to the Returning Officer". If any of these papers are missing from your package please contact the Returning Officer for your district.
(6) Form 13 (b) in Schedule 1 is amended in the "How to vote" box
by deleting "vote" and inserting instead -66 vote
22 December 1998] GOVERNMENT GAZETTE, WA 6875
(7) The notes to Form 13 in Schedule 1 are amended as follows:
(a) after note 1 by inserting - 44
la Ballot paper envelopes and prepaid envelopes If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and incorporates the elector 's certificate, delete these 3 items and insert instead -
"• a combined ballot paper envelope and postage pre- paid envelope addressed to the Returning Officer
with an elector 's certificate attached.".
lb How to vote (Form 13 (a)) If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and incorporates the elector 's certificate, delete these "How to vote" instructions and insert instead -
How to o Decide which candidate(s) you want to vote elect and mark your choice on the
ballot paper. The instructions with the
ballot paper tell you how to do this.0 Put your completed ballot paper into
the envelope provided and seal the
envelope.• Fill in and sign the elector's certificate. o
Post the envelope to the Returning Officer, or deliver it to an electoral officer at:
• the offices of the local government during office hours before election day; or • a polling place between S am, and 6 p.m. on election day. If you post your vote the Returning Officer must receive it before 6 p.m. on election day. Make sure you post it in plenty of time.
(b) after note 3 by inserting - 44
3a How to vote (Form 13 (b)) If the ballot paper envelope is also the postage pre-paid envelope addressed to the Returning Officer and
| 6876 | GOVERNMENT GAZETTE, WA | [22 December 1998 |
incorporates the elector 's certificate, delete these "How
to vote" instructions and insert instead -
How to 0 Decide which candidate you want to vote elect as mayor4 and mark your choice
on the mayoral4 ballot paper. The
instructions with the ballot paper tell
you how to do this.0 Decide which candidate(s) you want to
elect as councillors and mark your
choice on the councillors ballot paper.
The instructions with the ballot paper
tell you how to do this.o Put your completed ballot papers into
the envelope provided and seal the
envelope.0 Fill in and sign the elector's certificate. 0 Post that envelope to the Returning Officer, or deliver it to an electoral officer at:
• the offices of the local government during office hours before election day; or • a polling place between 8 a.m. and 6 p.m. on election day. If you post your vote the Returning Officer must receive it before 6 p.m. on election day. Make sure you post it in plenty of time.
(8) Form 15 in Schedule 1 is amended by deleting the "Applicant"
box and inserting instead -66
Applicant Full name:
Home Address:Postal Address: (if differeni 10 Home Address)
Phone numbers (H): (W):
Fax number: Email:
22 December 19981 GOVERNMENT GAZETTE, WA 6877
(9) Form 16 in Schedule 1 is deleted and the following form is
inserted instead -16 Form 16. Provisional Voter's Declaration
Local Government (Elections) Regulations 1997, regs. 46 and 62
PROVISIONAL VOTER'S
DECLARATION
I lector Full name:
Home Address:
Postal Address:
(if different 10
Home Address)
Phone numbers (H): (W): Fax number: Email:
Electorate Local government district:
Ward:Reason for I apply for provisional voting papers because: application a mark has been made against my name on the electoral roll showing that I have voted although I have not voted;
[Tick one box] or my name has been omitted from the
electoral roll in error.I am eligible to be included on the owners and occupiers roll for the electorate and I have submitted an enrolment eligibility claim form in accordance with the requirements of the Act. The
address of the property of which I am an owner or occupier is: Type of vote I wish to vote:
0 in person; [Tick one box] or by lodging a postal vote.
Declaration I declare that all of the details set Out above are true (Making a false declaration is an and correct. offence)
Signature: Date:
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Electoral Full name: officer In considering this claim, I have had regard to: 1Tick appropriate
0 a previously compiled electoral roll of the bo\csi local government;
0 an electoral roll or other document prepared
under the Electoral Act 1907 or the
Commonwealth Electoral Act 1918;10 the owners and occupiers register;
0 advice sent by the CEO as to whether or not
the person is an elector;10 other relevant documents and materials —
(describe briefly)
This application is CI accepted CI rejected Signature: Date:
(10)
"Property" box by deleting "must give the address of each
property." and inserting instead —The back of Form 17 in Schedule 1 is amended in the 66 need only give the address of one property, but the application
process will be facilitated if you list all the properties.
(11)
amended in the "Where to send this form" box before ", send
both" by inserting —The back of the original copy of Form 18 in Schedule 1 is
and the declaration by the scrutineer has been completed ".
(12)
"DECLARATION BY SCRUTINEER" box by deleting "after"
and inserting instead —The duplicate copy of Form 18 in Schedule 1 is amended in the
" before ".
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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