Local Government (Elections - Owners and Occupiers Roll) Regulations 1996 (WA)
5402 GOVERNMENT GAZETTE, WA [11 October 1996 LOCAL GOVERNMENT
LG301
LOCAL GOVERNMENT ACT 1995
LOCAL GOVERNMENT (ELECTIONS — OWNERS AND
OCCUPIERS ROLL) REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Local Government
(Elections — Owners and Occupiers Roll) Regulations 1996.
Forms
2. In these regulations a reference to a Form followed by a designation is a
reference to the form so designated in Schedule 1.
Nomination of co-owners or co-occupiers — s. 4.31
3. (1) A nomination under section 4.31 (1) (e), (f) or (g) of the Act is to be made in writing and —
(a) in the case of a nomination by a body corporate, be signed by an officer of the body corporate; or
(b) in any other case, be signed by all or a majority of the owners or occupiers of the property.
(2) A nomination for the purposes of section 4.31 (1) of the Act remains in force until —
(a) if the nomination is expressed to be for a limited period, the end of that period;
form and manner determined by the CEO. (b) an enrolment eligibility claim made by the nominee expires or is rejected;
(c) the CEO is notified in writing that the body corporate has, or all cancelled the nomination; or or a majority of the owners or occupiers of the property have,
(d) the nominee ceases to be eligible to be nominated. Enrolment eligibility claim — s. 4.32 (1)
4. An enrolment eligibility claim under section 4.32 (1) of the Act is to be
made in the form of Form 1.
Register — s. 4.32 (6)
5. The register referred to in section 4.32 (6) of the Act is to be kept in the
11 October 19961 GOVERNMENT GAZETTE, WA 5403
claim - s. 4.32 (6) Notice of acceptance or rejection of enrolment eligibility
6. A notice given under section 4.32 (6) of the Act is to be - (a) if the enrolment eligibility claim is accepted, in the form of Form 2; or
(b)
if the enrolment eligibility claim is rejected, in the form of Form 3. Appeal to Electoral Commissioner - s. 4.32 (8) and 4.35 (4)
7. An appeal under section 4.32 (8) or 4.35 (4) of the Act is to be made in the form and manner determined by the Electoral Commissioner.
Confidentiality
S. Details of a person's date of birth and telephone number provided in an enrolment eligibility claim are confidential and the CEO, and any person to whom that information is disclosed in accordance with this regulation, must ensure that those details are not used or disclosed to any person other than for the purpose of preparing electoral rolls for the relevant district or ward or as otherwise required or permitted by law.
Delivery of documents
9. (1) Where a person is required by these regulations togive a document to another person the document may be delivered, posted, faxed or sent by entirety, including a signature) to that other person. any other electronic means (so long as it is capable of being printed in its
If a document is faxed it is taken to have been received when the fax
machine of the person to whom it was sent generates a paper copy of the
document.
(2)
If a document is sent by other electronic means it is taken to have
been received when the person to whom it was sent causes a paper copy of
the document to be generated.
(3)
Retention of documents
10. A local government must keep -
(a) an enrolment eligibility claim form - (i) if the claim is accepted, for 2 years after the claim expires; or
(ii) if the claim is rejected, for 2 years after it is rejected;
(b) a copy of a notice of acceptance for 2 years after the enrolment
eligibility claim to which it relates expires; and(c) a copy of a notice of rejection for 2 years after the claim was
rejected.
5404 GOVERNMENT GAZETTE, WA [11 October 1996 SCHEDULE 1— FORMS
| Local Government Act 1995 | Form 1 |
| Local Government (Election - | Owners and Occupiers Roil) Regulations 1996 | Regulation 4 |
| Owners and Occupiers Roll |
L NROLMENT ELIGIBILITY CLAIM See back for notes on when' and how to complete th is form. (2)
| Person making claim | Family name: | |||
| ||||
|
Suburb: Postcode:
Phone numbers (H): (W):
Rateable property Street: No.: Name:
[11 you own or occupy more than one
| property in the electorate, give | in respect of which |
| details of all of them. | this claim is made: |
| Add additional pages f necessary] | Suburb: | Postcode: |
| Lot/location No. (if known) |
| Local government | Name of local government: |
| [In this form the ward, or i no ward is | |
| applicable the district, is referred to as | |
| the electorate | Name of ward (if any) 41: |
| Entitlement to be enrolled | I am: |
on the State or Commonwealth electoral roll in respect of a residence
outside the electorate. My address shown on that roll is:
[Tick one box]
not on the State or Commonwealth electoral roll but I am qualified as an
13 elector under clause 12 of Schedule 9.3 of the Local Government Act 1995.
| Details of ownership or | In relation to the rateable property described above I am: |
| occupation | the sole owner/occupier | of that property. |
[Tick one box] one of 2 co-own ers/occupiers* of that property.
| [ | one of 3 or more co-own ers/occupiers* of that property and I have been |
| Delete whichever does not apply] | EJ |
nominated 61 by all or a majority of those own ers/occupiers* for the purpose
of being an elector.
the nominee(6)of a body corporate that owns/occupies* that property.
| [For occupiers only] | I (or the body corporate that nominated me): EJ do EJ do not | have a right, under a lease, tenancy agreement or other legal instrument, to be in |
[Tick one box] continuous occupation of the property for at least the next 3 months.
| Declaration | I declare that all of the details set out above are true and correct. | ||
| [Note: | Making a false declaration | ||
|
11 October 19961 GOVERNMENT GAZETTE, WA 5405
Notes Back of Form 1
(1)When to use this form You may make a claim for eligibility using this form at any time. However if you want
to be on the roll for a particular election you must give your claim form to the local
government more than 50 days before the election date.
(2) Who should fill in This form is for people who -
this form who own or occupy") rateable property in a district but who are not on the
residents roll for that district; orwho qualify under clause 12 of Schedule 9.3 to the Local Government
Act 1995',and who want to be able to vote at local government elections for that district.
(3) Who is an occupier To qualify as an occupier a person must have a right, under a lease, tenancy
agreement or other legal instrument, to be in continuous occupation of the property for
at least the next 3 months.When the Chief Executive Officer of the local government is considering your claim, he or she may ask you for a copy of your lease or tenancy agreement to support your claim. You do not need to provide a copy unless asked.
(4) Which ward If the property in respect of which this claim is made is partly in one ward and partly in
another you may chose which of those wards you want your claim to apply to. If you
leave this box blank the Chief Executive Officer of the local government will decide
which ward the claim is to apply to.(5) Qualification under To qualify under clause 12 of Schedule 9.3 to the Local Government Act 1995 a clause 12 person must - own or occupy rateable property in the electorate;
have been on the last electoral roll prepared under the Local Government Act
1960 for that electorate; and
have owned or occupied rateable property in the electorate continuously since
that roll was prepared.
(6)
Nominations
A nomination must be made in writing and be signed by all or a majority of the owners or occupiers of theproperty (or if the owner or occupier is a body corporate, be signed by an officer of the body corporate) in accordance with the Local Government
(Elections - Owners and Occupiers Roll) Regulations 1996. If you are a nominee you must give the nomination to the local government with this
form.
Duration of enrolment If your enrolment eligibility claim is accepted it will remain valid for the next 2 (or in
limited circumstances, next 3) ordinary elections held for your electorate. If you wish
to continue to qualify as an elector after that, you will need to make another enrolment
eligibility claim.Confidentiality Your date of birth and telephone numbers supplied in this form will be kept confidential
and will be used only by the local government and the Western Australian Electoral
Commission for the purpose of preparing local government electoral rolls.Where to send your form When you have completed and signed this form, send it to the Chief Executive Officer
of your local government. You may send it by post, by fax or by other electronic
means so long as it is capable of being printed in its entirety, including a signature. If
you send it by fax or electronically you should check that it has been received.
5406 GOVERNMENT GAZETTE, WA [11 October 1996
| Local Government Act 1995 | Form 2 |
| Local Government (Election - Owners and Occupiers Roll) Regulations 1996 | Regulation 6 (a) |
Owners and Occupiers Roll
NOTICE OF ACCEPTANCE OF
ENROLMENT ELIGIBILITY CLAIM
| To | Name of claimant: |
| Address: | |
| Electorate | Name of local government: |
| Name of ward: |
On the basis of the information set out in your eligibility enrolment claim form, your claim has been accepted and you are now qualified as an elector for your electorate.
| Electoral roll | When an election is due in your electorate the Chief Executive Officer of the local government will prepare an electoral roll. Your name will automatically be included on that roll and you will be able to vote at that election. |
| Duration of enrolment | Your enrolment eligibility claim remains valid for the next 21) ordinary elections held for your electorate. If you wish to continue to qualify as an elector after that, you will need to make another enrolment eligibility claim. |
You should keep this notice as evidence of your qualification as an elector.
| Chief Executive Officer | Name: | |
| ||
| Note: | ||
| (1) | U section 4.33 (2) of the Act applies, insert 3" in place of "2". |
11 October 1996] GOVERNMENT GAZETTE, WA 5407
Local Government Act 1995 Form 3 Local Government (Election — Owners and Occupiers Roll) Regulations 1996 Regulation 6 (b) Owners and Occupiers Roll NOTICE OF REJECTION OF
ENROLMENT ELIGIBILITY CLAIM
To Name of claimant: Address: Electorate Name of local government: Name of ward: Rejection of claim Your enrolment eligibility claim has been rejected because Appeal If you are dissatisfied with the decision to reject your enrolment eligibility claim
you may appeal to the Electoral Commissioner. Details on how to make an
appeal are available from the Western Australian Electoral Commission.Chief Executive Officer Name:
Signature: Date:
By His Excellency's Command, J. PRITCHARD, Clerk of the Council.
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