Local Government Regulations Amendment Regulations (No. 2) 2023 (WA)
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LOCAL GOVERNMENT
LG301
Local Government Act 1995
Local Government Regulations Amendment
Regulations (No. 2) 2023
SL 2023/102
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Local Government Regulations
Amendment Regulations (No. 2) 2023.2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 7 — on 1 January 2024; (c) Part 5 — on 1 July 2024; (d) the rest of the regulations — on the day after gazettal day.
Part 2 — Local Government (Administration)
Regulations 1996 amended
3. Regulations amended
This Part amends the Local Government (Administration)
Regulations 1996.4. Regulation 14E amended
(1) In regulation 14E(1) delete the definitions of: Band 3 or 4 council or committee
Band 3 or 4 local government
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(2) In regulation 14E(1) insert in alphabetical order: class 3 or 4 council or committee means the council
of, or a committee established by, a class 3 localgovernment or a class 4 local government;
Note for this definition:
Class 3 local government and class 4 local government
have the meanings given in the Local Government(Constitution) Regulations 1998 regulations 2A and 2B.
(3) In regulation 14E(3A)(a) delete “Band” and insert: class 5. Regulation 20A amended
In regulation 20A(2) delete “5.68(1A)(b)(i) and (ii)” and insert:
5.68(1C)(a) and (b)
Note: The heading to amended regulation 20A is to read:
Amounts relating to gifts prescribed (Act s. 5.62(1A), 5.68(1C),
5.71B(2) and (4), 5.87A(3) and 5.87B(3))
6. Regulation 29C amended
In regulation 29C(2) —
(a) in paragraph (f) delete “2020.” and insert: 2020;
(b) after paragraph (f) insert:
(g)
a copy of any local public notice given under the Local Government (Elections) Regulations 1997 regulation 80(8), 80AA(4), 80AB(4), 86(a), 86A or 87A(4) in respect of the local government.
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7. Regulation 34ACA inserted
After regulation 34AC insert:
34ACA. Fees paid and expenses reimbursed to committee
members (Act s. 5.100)
(1)
A meeting of a committee of the council of which the committee member is not a member is a meeting of a prescribed type for the purposes of section 5.100(3).
(2) For the purposes of section 5.100(4)(a), the kinds of
expenses that are to be reimbursed by all local
governments are child care and travel costs incurred by
a committee member because of their attendance at a
meeting of the committee of which they are a member.(3) For the purposes of section 5.100(4)(b), the kinds of
expenses that may be approved by any local
government for reimbursement by the localgovernment are —
(a)
an expense incurred by a committee member in performing a function under the express authority of the local government; and
(b)
an expense incurred by a committee member in performing a function in their capacity as a committee member.
(4) For the purposes of Schedule 9.3 clause 62(2) —
(a) the transitional period, continues to apply in
relation to meetings of committees held before
or during that period as if the Localsection 5.98(7), as in force immediately before had not come into operation; and
(b)
section 5.100(1), as in force immediately before the transitional period, continues to apply in relation to committee meetings held before or during that period as if the Local Government Amendment Act 2023 section 80 had not come into operation; and
(c)
section 5.100(2), as in force immediately before the transitional period, continues to apply in relation to expenses incurred before or during that period as if the Local Government Amendment Act 2023 section 80 had not come into operation.
(5) In subregulation (4) — transitional period means the period that —
(a)
begins when the Local Government Amendment Act 2023 section 80 comes into operation; and
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(b) ends immediately before the first determination of the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7BAA comes into operation or is
deemed to have come into operation.8. Schedule 1 Form 1 amended
In Schedule 1 Form 1 delete “100” and insert:
300
Part 3 — Local Government (Constitution)
Regulations 1998 amended
9. Regulations amended
This Part amends the Local Government (Constitution)
Regulations 1998.10. Part 1A inserted
After regulation 2 insert:
Part 1A — Classes of local governments
2A. Local governments divided into 4 classes For the purposes of these regulations and any other regulations made under the Act —
(a)
a class 1 local government is a local government listed in Schedule 2 Division 1; and
(b)
a class 2 local government is a local government listed in Schedule 2 Division 2; and
(c)
a class 3 local government is a local government listed in Schedule 2 Division 3; and
(d)
a class 4 local government is a local government listed in Schedule 2 Division 4.
2B. Regional local governments (1) This regulation applies for the purposes of any provision of regulations made under the Act —
(a)
that applies to regional local governments under section 3.66; and
(b) in which any of the following terms is used —
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(i) class 1 local government; (ii) class 2 local government;
(iii) class 3 local government;
(iv) class 4 local government.
(2) No regional local government is a class 1 local
government.(3) Each of the following is a class 2 local government —
(a) Eastern Metropolitan Regional Council; (b) Southern Metropolitan Regional Council;
(c) Tamala Park Regional Council.
(4) Each of the following is a class 3 local government —
(a) Mindarie Regional Council; (b) Rivers Regional Council.
(5) Each of the following is a class 4 local government —
(a) Bunbury-Harvey Regional Council; (b) Murchison Regional Vermin Council;
(c) Pilbara Regional Council; (d) Western Metropolitan Regional Council.
11. Part 2 Division 3 inserted
At the end of Part 2 insert:
Division 3 — Districts that cannot be divided into wards
10AA. Term used: class 3 or 4 district In this Division — class 3 or 4 district means a district that is —
(a) the district of a class 3 local government; or (b) the district of a class 4 local government.
10AB. Class 3 or 4 district cannot be divided into wards
(s. 2.2A(1)(a))(1) For the purposes of section 2.2A(1)(a), a class 3 or 4
district cannot be divided into wards.(2) Subregulation (1) is subject to regulation 10AC(3).
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10AC. Abolition of wards in class 3 or 4 district
(s. 2.2A(1)(b) and (2)(b) and (c))(1) In this regulation — amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 11 comes into operation; next election, in relation to a class 3 or 4 district,
means the first ordinary election after amendment day
for the local government of which it is the district;next election day, in relation to a class 3 or 4 district, means the day fixed under the Act for the holding of any poll needed for the next election (whether or not any poll is actually held).
(2) This regulation applies to a class 3 or 4 district which,
immediately before amendment day, is divided into
wards.(3) Regulation 10AB(1) does not apply to the class 3 or 4
district before next election day.(4) For the purposes of section 2.2A(1)(b), all of the wards
are abolished on next election day.(5) For the purposes of section 2.2A(2)(b), Part 4 of the
Act applies for the purpose of preparing for, and
conducting, the next election as if the abolition of all of
the wards takes effect on amendment day.Note for this subregulation: The operation of Part 4 of the Act is modified to the extent
necessary to give effect to this subregulation — see
section 2.2A(2)(c).
(6) Subregulations (4) and (5) do not apply if all of the
wards are to be abolished on next election day by an
order made under the Act that is published in the
Gazette before amendment day.12. Part 3 Division 1 inserted
At the beginning of Part 3 insert:
Division 1 — Method of filling office of mayor or
president
10AD. Proposals to change method of filling office of
mayor or president (s. 2.12)A proposal by electors under section 2.12 to change the
method of filling the office of mayor or president of a
local government to the other method mentioned in
section 2.11(1)(a) or (b) must be in the form of Form 4.
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10AE. Class 1 or 2 local government must use election by
electors method (s. 2.12B(1)(a))(1)
For the purposes of section 2.12B(1)(a), the method of filling the office of mayor or president used by a local government that is a class 1 local government or a
class 2 local government —
(a)
must be the election by the electors method; and
(b)
cannot be changed to the election by the council method.
(2) Subregulation (1) does not apply to the City of Perth. Note for this subregulation: The City of Perth Act 2016 section 20 provides for the City
of Perth to use the election by the electors method.
10AF.
Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a))
(1) In this regulation — amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 12 comes into operation; relevant local government means —
(a)
a class 1 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 1 local government is the election by the council method; or
(b)
a class 2 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 2 local government is the election by the council method.
(2) For the purposes of section 2.12B(1)(b), the method of
filling the office of mayor or president used by a
relevant local government is changed to the election by
the electors method.(3) For the purposes of section 2.13(4)(a), the change has
effect in relation to the filling of the office of mayor or
president at the next ordinary elections for the relevant
local government that are held after amendment day.Note for this subregulation: This subregulation makes the provision required by
section 2.12B(2)(a) because of the provision made by
subregulation (2).
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(4) Subregulations (2) and (3) do not apply to a relevant local government if —
(a) government made a decision under
before amendment day, the relevant local the office of mayor or president used by it to the election by the electors method; and
(b) in accordance with section 2.13(1), the change has effect in relation to the filling of the office of mayor or president at the next ordinary elections for the relevant local government that
are held after amendment day.
13. Part 3 Division 2 heading inserted
Before regulation 10A insert:
Division 2 — Matters under Schedule 2.3 of Act
14. Regulation 10A amended
(1) In regulation 10A delete “Part —” and insert: Division — (2) In regulation 10A insert in alphabetical order: first-preference vote has the meaning given in
Schedule 4.1 clause 1 of the Act;
(3) In regulation 10A in the definition of records of the election
delete paragraph (d) and insert:
(d) a paper record that shows the number of first-preference votes that each candidate had; and (e) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) — a paper
record that shows —(i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and
(ii) details of the setting aside or transfer of clause 5(2)(b) or (c) of the Act; and
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(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.
Note: The heading to amended regulation 10A is to read:
Terms used
15. Regulation 11 deleted
Delete regulation 11.
16. Regulation 11A amended
Delete regulation 11A(4) and insert:
(4) Section 4.69(2) to (4) apply in relation to the casting of
votes, modified as is necessary for the purposes of the
election.17. Regulation 11EA replaced
Delete regulation 11EA and insert:
11EA. Drawing of lots (Sch. 2.3 cl. 4, 5, 8 and 9) If a provision of Schedule 4.1 of the Act (as applied
under Schedule 2.3 of the Act) requires the drawing of
lots, the applicable regulation of the Local Government
(Elections) Regulations 1997 Part 12C Division 4
applies, modified as is necessary for the purposes of
the election.Note for this regulation: A requirement to draw lots under Schedule 4.1 clause 2(2) or 5(6)(b) of the Act is subject to Schedule 2.3 clause 5(1) or 9(1) of the Act (as the case requires).
18. Regulation 11F amended
Delete regulation 11F(3) and (4) and insert:
(3) The declaration may include the following information —
(a)
the number of first-preference votes that each candidate had;
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(b) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) —
(i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and
(ii) details of the setting aside or transfer of clause 5(2)(b) or (c) of the Act; and
(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.
(4) The person conducting the election must also give local
public notice of the result of the election.(5) The local public notice must include the information
referred to in subregulations (2) and (3).(6) The Departmental CEO may approve forms to be used
for the purposes of this regulation.19. Part 3 Division 3 heading inserted
Before regulation 12 insert:
Division 3 — Other provisions
20. Regulations 14A and 14B inserted
After regulation 14 insert:
14A. Transitional provision: reviews under Sch. 2.2 cl. 6
of Act(1) In this regulation — amendment day means the day on which the Local
Government Amendment Act 2023 section 90 comes
into operation.(2) For the purposes of Schedule 9.3 clause 62(2) of the Act —
(a)
the amendments made by the Local Government Amendment Act 2023 section 90 do not affect a requirement imposed by the Advisory Board on a local government under Schedule 2.2 clause 6(3) of the Act before amendment day; and
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(b) the Act continues to apply in relation to the requirement as if those amendments had not been made and the local government must comply with the requirement accordingly.
14B. Transitional provision: elections under Sch. 2.3 of
ActThe amendments made by the Local Government Regulations Amendment Regulations (No. 2) 2023 regulations 14(2) and (3) and 16 to 18 do not apply in relation to an election which is conducted at a meeting held before 21 October 2023 and, accordingly, these regulations apply in relation to the election as if those
amendments had not been made.21. Schedule 1 Form 4 amended
In Schedule 1 Form 4 delete “[r. 11]” and insert:
[r. 10AD]
22. Schedule 2 inserted
After Schedule 1 insert:
Schedule 2 — Classes of local governments
[r. 2A]
Division 1 — Class 1 local governments
City of Albany
City of Armadale
City of Bayswater
City of Belmont
City of Bunbury
City of Busselton
City of Canning
City of Cockburn
City of Fremantle
City of Gosnells
City of Greater Geraldton
City of Joondalup
City of Kalgoorlie -Boulder
30 June 2023 GOVERNMENT GAZETTE, WA 2139 City of Karratha
City of Kwinana
City of Mandurah
City of Melville
City of Perth
Town of Port Hedland
City of Rockingham
City of Stirling
City of Swan
City of Wanneroo
Division 2 — Class 2 local governments
Shire of Ashburton
Shire of Augusta-Margaret River
Shire of Broome
Town of Cambridge
Shire of Carnarvon
Shire of Derby-West Kimberley
Shire of East Pilbara
Shire of Esperance
Shire of Harvey
City of Kalamunda
Shire of Manjimup
Shire of Mundaring
Shire of Murray
City of Nedlands
Shire of Northam
Shire of Serpentine-Jarrahdale
City of South Perth
City of Subiaco
Town of Victoria Park
City of Vincent
Shire of Wyndham-East Kimberley
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Division 3 — Class 3 local governments
Town of Bassendean
Shire of Bridgetown-Greenbushes
Shire of Capel
Shire of Chittering
Town of Claremont
Shire of Collie
Shire of Coolgardie
Town of Cottesloe
Shire of Dalwallinu
Shire of Dandaragan
Shire of Dardanup
Shire of Denmark
Shire of Donnybrook-Balingup
Town of East Fremantle
Shire of Exmouth
Shire of Gingin
Shire of Halls Creek
Shire of Irwin
Shire of Katanning
Shire of Kojonup
Shire of Laverton
Shire of Leonora
Shire of Meekatharra
Shire of Merredin
Shire of Moora
Town of Mosman Park
Shire of Narrogin
Shire of Northampton
Shire of Plantagenet
Shire of Ravensthorpe
Shire of Toodyay
Shire of Waroona
Shire of Yilgarn
Shire of York
30 June 2023 GOVERNMENT GAZETTE, WA 2141 Division 4 — Class 4 local governments
Shire of Beverley
Shire of Boddington
Shire of Boyup Brook
Shire of Brookton
Shire of Broomehill-Tambellup
Shire of Bruce Rock
Shire of Carnamah
Shire of Chapman Valley
Shire of Coorow
Shire of Corrigin
Shire of Cranbrook
Shire of Cuballing
Shire of Cue
Shire of Cunderdin
Shire of Dowerin
Shire of Dumbleyung
Shire of Dundas
Shire of Gnowangerup
Shire of Goomalling
Shire of Jerramungup
Shire of Kellerberrin
Shire of Kent
Shire of Kondinin
Shire of Koorda
Shire of Kulin
Shire of Lake Grace
Shire of Menzies
Shire of Mingenew
Shire of Morawa
Shire of Mount Magnet
Shire of Mount Marshall
Shire of Mukinbudin
Shire of Murchison
Shire of Nannup
Shire of Narembeen
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Shire of Ngaanyatjarraku
Shire of Nungarin
Shire of Peppermint Grove
Shire of Perenjori
Shire of Pingelly
Shire of Quairading
Shire of Sandstone
Shire of Shark Bay
Shire of Tammin
Shire of Three Springs
Shire of Trayning
Shire of Upper Gascoyne
Shire of Victoria Plains
Shire of Wagin
Shire of Wandering
Shire of West Arthur
Shire of Westonia
Shire of Wickepin
Shire of Williams
Shire of Wiluna
Shire of Wongan-Ballidu
Shire of Woodanilling
Shire of Wyalkatchem
Shire of Yalgoo
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(2) In regulation 3 insert in alphabetical order: electronic counting place has the meaning given in
regulation 75C(1A);electronic counting system means an electronic system to be used in counting votes, which may include either
or both of the following —
(a) a process for recording votes indicated on ballot papers; (b) a counting system for ascertaining any of the following —
(i) the number of first-preference votes that each candidate has;
(ii) the number of votes that a candidate has clause 5(2)(d) of the Act;
(iii) the result of any transfer of surplus votes under Schedule 4.1 clause 9 or 10 of the Act;
(iv) first-preference votes or preference
the result of any transfer of the Act;
first-preference vote has the meaning given in
Schedule 4.1 clause 1 of the Act;
preference vote has the meaning given in Schedule 4.1
clause 1 of the Act;
votes, when used in the context of an election the result
of which is ascertained under Schedule 4.1 Division 3
of the Act, has the meaning given in Schedule 4.1clause 7 of the Act;
(3) In regulation 3 in the definition of election papers delete
paragraph (ba) and insert:
(ba) a paper record that shows the number of
first-preference votes that each candidate in the
election had; and(bb) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act — a paper record that shows — (i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and
(ii) details of the setting aside or transfer of clause 5(2)(b) or (c) of the Act; and
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(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act;
and
(bc) if the result of the election is ascertained under Schedule 4.1 Division 3 of the Act — a paper record that shows — (i) for each candidate who was elected —
the number of votes that the candidate
had when they were elected; and(ii) details of any transfers of surplus votes under Schedule 4.1 clause 9 or 10 of the Act; and
(iii) each candidate who was excluded under Schedule 4.1 clause 11 of the Act and
details of the transfer of the candidate’s
first-preference votes and preference
votes under that clause; and(iv) for each candidate who was neither
elected nor excluded — the number of
votes that the candidate had when the
last office to be filled at the election was
filled; and(v) details of the setting aside of any ballot papers under Schedule 4.1 clause 17 of the Act;
and
(bd) a paper record that shows details of any matter
required to be declared under Schedule 4.1A
clause 19 of the Act or Schedule 4.1B
clause 1(5) of the Act;
25. Regulation 22AA inserted
After regulation 22 insert:
22AA. Destruction and deletion of copies of rolls — s. 4.42(3) (1) In this regulation — authorised person means —
(a) the CEO; or (b) the Electoral Commissioner; recipient means a member of the council or a candidate
to whom a copy of a roll is supplied under
section 4.42(2);
30 June 2023 GOVERNMENT GAZETTE, WA 2145 relevant period — see subregulations (8) and (9);
supplied copy, in relation to a recipient —
(a) means any of the following — (i) the copy of a roll supplied to the recipient under section 4.42(2);
(ii) a copy of the roll derived (directly or indirectly and wholly or partly) from the copy supplied under section 4.42(2);
(iii) derived (directly or indirectly and
any other document or information under section 4.42(2);
(iv) a document or information containing details supplied to the recipient under section 4.43(3b) relating to the roll;
but
(b) does not include any envelope, package or correspondence sent to an elector by, or on behalf of, the recipient just because the envelope, package or correspondence shows the
elector’s name and address as included in the
roll;
working day means a day other than —
(a) a Saturday or Sunday; or (b) a public holiday throughout the State; or (c)
a public holiday in an area that is or includes the district or any part of the district.
(2) This regulation applies for the purposes of
section 4.42(3).(3) A recipient must ensure that every supplied copy is, before the end of the relevant period — (a) destroyed; or
(b) in the case of a supplied copy that is in electronic form — deleted from any computer,
device, medium or other storage system on or in which the supplied copy is held, retained or stored.
(4) If a recipient fails to comply with subregulation (3), the
recipient commits an offence, which continues from
the end of the relevant period until every supplied copyis — (a) destroyed; or
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(b) in the case of a supplied copy that is in electronic form — deleted from any computer,
device, medium or other storage system on or in which the supplied copy is held, retained or stored.
Penalty for this subregulation:
(a) a fine of $5 000; (b)
a daily penalty of a fine of $50 for each day or part of a day during which the offence continues.
(5) A recipient must, before the end of the relevant period,
provide an authorised person with a statutorydeclaration made by the recipient —
(a) that confirms, in effect, that every supplied copy has been —
(i) destroyed; or
(ii) in the case of a supplied copy that is in
electronic form — deleted from any
computer, device, medium or other
storage system on or in which the
supplied copy was held, retained or
stored;
and
(b) that complies with subregulation (6).
(6) For the purposes of subregulation (5)(b), the statutory declaration must —
(a) identify the election; and (b)
include a description of every supplied copy, including whether the supplied copy was in electronic form; and
(c)
in relation to every supplied copy, describe the steps taken to destroy or delete it.
(7) If a recipient fails to comply with subregulation (5), the
recipient commits an offence, which continues from
the end of the relevant period until the required
statutory declaration is provided to an authorised
person.Penalty for this subregulation:
(a) a fine of $5 000; (b)
a daily penalty of a fine of $50 for each day or part of a day during which the offence continues.
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(8) For the purposes of subregulations (3) to (7) but subject to subregulation (9), the relevant period is —
(a) if the recipient is a candidate in the election who is not elected at the election — the period
of 5 working days after the day on which the
result of the election is declared under
section 4.77; or(b) if the recipient is a candidate in the election who is elected at the election — the period of
5 working days after the day on which, as the
case requires —
(i) the term of the office to which the recipient is elected ends; or
(ii) if that office becomes vacant before the
end of that term — the day on which
that office becomes vacant;
or
(c) if the recipient is a member of the council who is not a candidate in the election — the period
of 5 working days after the day on which, as the
case requires —
(i) the term of the recipient’s current office
ends; or
(ii) if that office becomes vacant before the
end of that term — the day on which
that office becomes vacant.
(9) If the election becomes void under section 4.58, the relevant period is the period of 5 working days after the day on which the candidate dies. 26. Regulation 22B replaced
Delete regulation 22B and insert:
22B. Course of induction — s. 4.48(1) and (2) (1) For the purposes of section 4.48(1) and (2), the course
of induction is the course titled Local Government
Candidate Induction that is available on theDepartment’s official website after 30 June 2023. (2) The course of induction prescribed under
subregulation (1) must be completed by the person
referred to in section 4.48(1)(d) or (2)(b) even if the
person has completed a previously prescribed course of
induction.
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27. Regulation 24 amended
In regulation 24(a) delete “800” and insert:
1 000
28. Regulation 26 amended
In regulation 26(1) delete “$80.” and insert:
$100.
29. Regulation 27 amended
(1) In regulation 27(2) before “votes” (each occurrence) insert: first-preference (2) Delete regulation 27(5) and insert:
(5) A candidate’s deposit must be refunded if the candidate’s nomination is withdrawn under
section 4.53 before the close of nominations.
30. Regulation 29A inserted
After regulation 29 insert:
29A. Publication of information about candidates — s. 4.52 (1) The following are prescribed for the purposes of
paragraph (d) of the definition of relevant informationin section 4.52(1) —
(a)
the written statement that the RO is required to prepare under subregulation (2), (3) or (4) (as the case requires);
(b)
the written statement (if any) provided by the candidate in accordance with subregulations (5) and (6), unless the RO considers that the statement contains something that is false, misleading or defamatory.
30 June 2023 GOVERNMENT GAZETTE, WA 2149
(2) If the candidate is eligible to be a candidate because
they are an elector under section 4.29 of the district, or
of any ward in the district, for the purposes of
subregulation (1)(a), the RO must prepare thefollowing written statement — [INSERT NAME OF CANDIDATE TO APPEAR ON
BALLOT PAPER] is eligible to stand for election as a
resident of [INSERT NAME OF DISTRICT].(3) If the candidate is eligible to be a candidate because
they are an elector under section 4.30 of the district, or
of any ward in the district, on the basis of ownership of
rateable property, for the purposes of
subregulation (1)(a), the RO must prepare thefollowing written statement — [INSERT NAME OF CANDIDATE TO APPEAR ON
BALLOT PAPER] is eligible to stand for election as the
owner of rateable property in [INSERT NAME OF
DISTRICT].(4) If the candidate is eligible to be a candidate because
they are an elector under section 4.30 of the district, or
of any ward in the district, on the basis of occupation
of rateable property, for the purposes of
subregulation (1)(a), the RO must prepare thefollowing written statement — [INSERT NAME OF CANDIDATE TO APPEAR ON
BALLOT PAPER] is eligible to stand for election as the
occupier of rateable property in [INSERT NAME OF
DISTRICT].(5) For the purposes of subregulation (1)(b), a candidate may provide, for publication on the local government’s official website, a written statement that contains
information that the candidate considers to be relevant
to their candidature in addition to any information
included in their profile under section 4.49(b) or
provided by them under section 4.49(ba).(6) The written statement must —
(a)
accompany the nomination paper for the candidate; and
(b) be in the English language; and (c)
contain no more than 2 000 characters and spaces.
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(7) Section 4.87(1) does not apply to the written statement when it is —
(a) being provided with the nomination paper; or (b) being published by the RO or the local government on the local government’s official
website; or
(c) being printed (as defined in section 4.87(3)), supplied or distributed by the RO or the local government for the purpose of publishing it on the local government’s official website or for
any other purpose related to the election.
31. Regulation 30A amended
(1) In regulation 30A(2) delete “$200” and insert: $300 (2) In regulation 30A(4) —
(a) in paragraph (a) delete “$200” and insert: $300
(b) in paragraph (b) delete “$200,” and insert: $300,
(c) in paragraph (b) delete “$200 or” and insert: $300 or
32. Regulation 30G amended
Delete regulation 30G(3) and (4) and insert:
(3) Any ‘disclosure of gifts’ forms relating to a candidate must be kept on the electoral gift register until the end of the period of 4 years after the relevant election day.
(4) The CEO must —
(a)
remove those forms from the electoral gift register at the end of that 4-year period; and
(b)
retain them separately for a period of at least 2 years.
30 June 2023 GOVERNMENT GAZETTE, WA 2151 33. Regulation 31 amended
Delete regulation 31(1)(i)(iii) and insert:
(iii) any electronic counting place or places.
34. Part 7 heading amended
In the heading to Part 7 delete “and how to mark them”.
35. Regulations 34 and 35 deleted
Delete regulations 34 and 35.
36. Regulation 37 amended
In regulation 37(5) delete “36th” and insert:
43rd
37. Regulation 75B amended
In regulation 75B delete “to ascertain the number of votes given
to each candidate.” and insert:in counting votes.
38. Regulation 75C amended
Delete regulation 75C(2) and insert:
(1A) In this regulation — electronic counting place means any place at which the electronic counting system is accessible for data input and output for the purposes of the election.
(1B) An electronic counting place must be in the State. (2) If the RO believes that the counting of votes would be
unduly delayed by the need to deliver a ballot box after
the close of poll to an electronic counting place, the RO
may do the things set out in subregulation (3) or (4).Note: The heading to amended regulation 75C is to read:
Electronic counting places
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39. Parts 12B and 12C inserted
After regulation 75C insert:
Part 12B — Acceptance of ballot papers
75D. Circumstances in which RO must accept ballot paper in election with more than 2 candidates — s. 4.75 (1) This regulation applies for the purposes of
section 4.75(3)(a) if the election has more than
2 candidates.(2) Subregulation (3) applies if —
(a) in accordance with section 4.69(2), a ballot paper indicates the candidate for whom the elector votes as the elector’s first preference;
and
(b) in casting preference votes under section 4.69(3), the elector has done either or both of the following —
(i) repeated 1 or more numerals;
(ii) missed 1 or more numerals;
and
(c)
the RO has no reason for rejecting the ballot paper other than that referred to in paragraph (b).
(3) The RO must —
(a) accept the ballot paper; and (b) when counting the votes — (i) if there are 1 or more repeated
numerals — disregard those numerals
and any other numeral that is higher
than a repeated numeral; and(ii) if there are 1 or more missing
numerals — disregard any numeral that
is higher than a missing numeral.
Part 12C — Drawing of lots
Division 1 — Preliminary
75E. Steps for drawing lots (1) For the purposes of this Part, the steps for drawing lots
are the 4 steps set out in subregulations (2) to (5).
30 June 2023 GOVERNMENT GAZETTE, WA 2153
(2) First, as soon as possible after the occurrence of the
circumstance under which the RO is required to draw
lots, the RO must make out, in respect of each relevantcandidate, a slip bearing the relevant candidate’s name. Note for this subregulation: For the meaning of relevant candidate — see
regulation 75G(2), 75H(2), 75I(2), 75J(2), 75K(2), 75L(2), 75M(2), 75N(2), 75O(2), 75P(2), 75Q(2), 75R(2), 75S(2) or 75T(2) (as the case requires).
(3) Second, the RO must —
(a)
place each of the slips in separate hollow opaque spheres of exact similarity; and
(b) securely close the spheres; and (c) deposit the spheres in an empty container.
(4) Third, the RO must —
(a) securely fasten the container; and (b) shake and rotate the container; and (c)
permit anyone else present to shake and rotate the container if they so wish.
(5) Fourth, the RO must — (a) open the container; and
(b)
take out and open 1 of the spheres to obtain the slip enclosed in it.
(6) The RO must carry out each of the 4 steps in front of
all the people present.75F. References to Schedules In this Part, references to Schedules are to Schedules of
the Act.Division 2 — Provisions for Schedule 4.1A 75G. Drawing lots under Sch. 4.1A cl. 5(3) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1A clause 5(3).(2) For the purposes of regulation 75E(2), the relevant
candidates are the candidates who had the same
number of first-preference votes.(3) If there are only 2 relevant candidates and no other
candidate had a higher number of first-preferencevotes —
(a)
the RO must take the steps for drawing lots; and
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(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)
the other relevant candidate is the third placed candidate.
(4) If there are 3 or more relevant candidates and no other
candidate had a higher number of first-preferencevotes —
(a) the RO must take the steps for drawing lots; and (b) the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and (c) the RO must repeat the third and fourth steps paragraph (b)); and
(d)
the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the third placed candidate.
(5) If there are 2 or more relevant candidates and 1 other
candidate had a higher number of first-preferencevotes —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the third placed candidate.
75H. Drawing lots under Sch. 4.1A cl. 8(3) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1A clause 8(3).(2) For the purposes of regulation 75E(2), the relevant
candidates are the continuing candidates who had the
same number of votes on the last count.(3) If there are only 2 relevant candidates and no other
continuing candidate had a higher number of votes onthe last count —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)
the other relevant candidate is the third placed candidate.
30 June 2023 GOVERNMENT GAZETTE, WA 2155
(4)
If there are 3 or more relevant candidates and no other continuing candidate had a higher number of votes on
the last count —
(a) the RO must take the steps for drawing lots; and (b) the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and (c) the RO must repeat the third and fourth steps paragraph (b)); and
(d)
the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the third placed candidate.
(5)
If there are 2 or more relevant candidates and 1 other continuing candidate had a higher number of votes on
the last count —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the third placed candidate.
75I. Drawing lots under Sch. 4.1A cl. 11(4)(b) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1A clause 11(4)(b).(2) For the purposes of regulation 75E(2), the relevant
candidates are the unelected candidates referred to in
Schedule 4.1A clause 11(3) who had the same number
of votes when the last office to be filled at the election
was filled.(3) If there are only 2 relevant candidates and no other
unelected candidate had a higher number of votes whenthe last office to be filled at the election was filled —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the first unelected candidate; and
(c)
the other relevant candidate is the second unelected candidate.
(4) If there are 3 or more relevant candidates and no other
unelected candidate had a higher number of votes whenthe last office to be filled at the election was filled —
(a)
the RO must take the steps for drawing lots; and
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(b) the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the first unelected candidate; and (c) the RO must repeat the third and fourth steps paragraph (b)); and
(d)
the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the second unelected candidate.
(5) If there are 2 or more relevant candidates and 1 other
unelected candidate had a higher number of votes whenthe last office to be filled at the election was filled —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second unelected candidate.
Division 3 — Provisions for Schedule 4.1B
75J. Drawing lots under Sch. 4.1B cl. 3(3)(b) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1B clause 3(3)(b).(2) For the purposes of regulation 75E(2), the relevant
candidates are the candidates who received the same
number of first-preference votes.(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is the candidate
who finishes second in the concurrent election.75K. Drawing lots under Sch. 4.1B cl. 4(4) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1B clause 4(4).(2) For the purposes of regulation 75E(2), the relevant
candidates are the continuing candidates who had the
same number of votes on the last count.(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is the second
placed candidate.75L. Drawing lots under Sch. 4.1B cl. 5(5)(b) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1B clause 5(5)(b).
30 June 2023 GOVERNMENT GAZETTE, WA 2157
(2) For the purposes of regulation 75E(2), the relevant
candidates are the unelected candidates who have the
same number of votes when the last office to be filled
at the concurrent election is filled.(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is the first
unelected candidate.Division 4 — Provisions for Schedule 4.1 75M. Drawing lots under Sch. 4.1 cl. 2(2) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 2(2).(2) For the purposes of regulation 75E(2), the relevant
candidates are the 2 candidates in the election.(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is elected.75N. Drawing lots under Sch. 4.1 cl. 5(6): determining
candidate to be excluded(1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 5(6) to determine the
candidate to be excluded.(2) For the purposes of regulation 75E(2), the relevant
candidates are the 2 or more candidates referred to in
Schedule 4.1 clause 5(4)(a) or (b) (as the case
requires).(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is excluded.75O. Drawing lots under Sch. 4.1 cl. 5(6): determining
candidate to be elected(1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 5(6) to determine the
continuing candidate to be elected.(2) For the purposes of regulation 75E(2), the relevant
candidates are the 2 continuing candidates referred to
in Schedule 4.1 clause 5(5).(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is elected.
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75P. Drawing lots under Sch. 4.1 cl. 13(3) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 13(3).(2) For the purposes of regulation 75E(2), the relevant
candidates are the 2 continuing candidates referred to
in Schedule 4.1 clause 13(1).(3) The RO must take the steps for drawing lots. (4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is elected.75Q. Drawing lots under Sch. 4.1 cl. 15(2)(b) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 15(2)(b).(2)
For the purposes of regulation 75E(2), the relevant candidates are the candidates with equal surpluses.
(3) If there are only 2 relevant candidates —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is taken to have had the larger surplus.
(4) If there are 3 or more relevant candidates —
(a) the RO must take the steps for drawing lots; and (b) the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is taken to have had the largest surplus; and (c) the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip previously obtained by the RO on a repeat of
the fourth step); and(d) the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step is taken to have had the second largest surplus, and so on.
75R. Drawing lots under Sch. 4.1 cl. 16(3) (1) This regulation applies if lots are required to be drawn
under Schedule 4.1 clause 16(3).(2) For the purposes of regulation 75E(2), the relevant
candidates are the tied candidates.(3) The RO must take the steps for drawing lots.
30 June 2023 GOVERNMENT GAZETTE, WA 2159
(4) The relevant candidate whose name appears on the slip
obtained by the RO on the fourth step is excluded.Division 5 — Provisions for Schedule 4.2 75S. Drawing lots under Sch. 4.2 cl. 6, 7, 7A(a)(ii)
or (d)(ii) or 7B(b)(1) This regulation applies if lots are required to be drawn
under Schedule 4.2 clause 6, 7, 7A(a)(ii) or (d)(ii)
or 7B(b).(2) For the purposes of regulation 75E(2), the relevant candidates are as follows —
(a) if lots are required to be drawn under Schedule 4.2 clause 6 or 7 — the councillors
who were elected unopposed;
(b) if lots are required to be drawn under Schedule 4.2 clause 7A(a)(ii) or (d)(ii) — the
councillors who had the same number of
first-preference votes;(c) if lots are required to be drawn under Schedule 4.2 clause 7B(b) by virtue of clause 7A(b)(ii) — the councillors who had the
same number of votes on the completion of the
transfer;(d) if lots are required to be drawn under Schedule 4.2 clause 7B(b) by virtue of clause 7A(c)(ii) — the councillors who had the
same number of votes when they were elected.
(3) If there are only 2 relevant candidates —
(a) the RO must take the steps for drawing lots; and (b) the slip obtained by the RO on the fourth step is
the relevant candidate whose name appears on between the relevant candidates.
(4) If there are 3 or more relevant candidates —
(a) the RO must take the steps for drawing lots; and (b) the slip obtained by the RO on the fourth step is
the relevant candidate whose name appears on between the relevant candidates; and
(c)
the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip
previously obtained by the RO on a repeat of
the fourth step); and
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(d)
the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step is regarded as having been
elected second as between the relevant
candidates, and so on.
75T. Drawing lots under Sch. 4.2 cl. 8(b) or 9(a) (1) This regulation applies if lots are required to be drawn
under Schedule 4.2 clause 8(b) or 9(a).(2) For the purposes of regulation 75E(2), the relevant candidates are as follows —
(a) if lots are required to be drawn under Schedule 4.2 clause 8(b) — the councillors who
have an equality of the percentage of
first-preference votes cast;(b) if lots are required to be drawn under Schedule 4.2 clause 9(a) — the councillors
appointed on the same day.
(3) If there are only 2 relevant candidates —
(a)
the RO must take the steps for drawing lots; and
(b)
the relevant candidate whose name appears on the slip obtained by the RO on the fourth step retires first as between the relevant candidates.
(4) If there are 3 or more relevant candidates —
(a) the RO must take the steps for drawing lots; and (b) the relevant candidate whose name appears on the slip obtained by the RO on the fourth step retires first as between the relevant candidates; and
(c) the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip previously obtained by the RO on a repeat of
the fourth step); and(d) the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step retires second as between the relevant candidates, and so on.
40. Regulation 77A deleted
Delete regulation 77A.
30 June 2023 GOVERNMENT GAZETTE, WA 2161 41. Regulation 80 replaced
Delete regulation 80 and insert:
80. Declaration and notice of result — s. 4.77
(1) This regulation applies for the purposes of section 4.77. Note for this subregulation: See also regulations 80AA and 80AB which apply for the
purposes of section 4.77 in relation to declarations and
notices required under Schedule 4.1A clause 19 of the Actand Schedule 4.1B clause 1(5) of the Act.
(2) The RO must publicly declare the result of the election. (3) If the election is decided under section 4.55 or 4.57, the declaration must include the following —
(a)
the name of each candidate and a statement that they are elected unopposed;
(b)
the name of any person appointed by the council under section 4.57(3) and a statement that they are so appointed;
(c) the term of office for each person elected.
(4) If voting by electors took place, the declaration must
include the information required under
subregulation (5), (6) or (7) (as the case requires).(5) If the result of the election was ascertained under
Schedule 4.1 clause 2 or 4 of the Act, the information
required for the purposes of subregulation (4) is asfollows —
(a) the name of each candidate; (b)
the number of first-preference votes that each candidate had;
(c)
the name and term of office of the candidate elected.
(6)
If the result of the election was ascertained under Schedule 4.1 clause 5 of the Act, the information required for the purposes of subregulation (4) is as
follows —
(a) the name of each candidate; (b) the number of first-preference votes that each candidate had; (c) for each candidate, whichever of the following is relevant —
(i) the number of votes that the candidate had on the last count under Schedule 4.1 clause 5(2)(d) of the Act;
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(ii) that the candidate was excluded under Schedule 4.1 clause 5(2)(a) of the Act;
(d)
the name and term of office of the candidate elected.
(7) If the result of the election was ascertained under
Schedule 4.1 Division 3 of the Act, the information
required for the purposes of subregulation (4) is asfollows —
(a) the name of each candidate; (b)
the quota (as determined under Schedule 4.1 clause 8 of the Act);
(c)
the number of first-preference votes that each candidate had;
(d)
the names of the candidates elected and the order in which they were elected;
(e) the term of office of each candidate elected.
(8) The RO must also give local public notice of the result
of the election.(9) The local public notice must —
(a) set out the contents of the declaration; and (b) if relevant — include a document detailing the distribution of preference votes.
(10) The Departmental CEO may approve forms to be used
for the purposes of this regulation.80AA. Declaration and notice required under Sch. 4.1A
cl. 19(1) This regulation applies for the purposes of section 4.77
if a declaration and notice are required under
Schedule 4.1A clause 19 of the Act.(2) The RO must publicly declare any matter required to
be declared under Schedule 4.1A clause 19 of the Act.(3) The declaration must include the following —
(a) if Schedule 4.1A clause 19(1) of the Act applies —
(i) a statement that Schedule 4.1A clause 19(1) of the Act applies; and
(ii) the name of the second placed candidate; and
(iii) the name of the third placed candidate or a statement that there is no third placed candidate;
30 June 2023 GOVERNMENT GAZETTE, WA 2163
(b) if Schedule 4.1A clause 19(2) of the Act applies —
(i) a statement that Schedule 4.1A clause 19(2) of the Act applies; and
(ii) the name of the second placed candidate; and
(iii) the name of the third placed candidate or a statement that there is no third placed candidate;
(c) if Schedule 4.1A clause 19(3) of the Act applies —
(i) a statement that Schedule 4.1A clause 19(3) of the Act applies; and
(ii) the name of the first unelected candidate or a statement that there is no first unelected candidate; and
(iii) the name of the second unelected candidate or a statement that there is no second unelected candidate.
(4) The RO must also give local public notice setting out
the contents of the declaration.(5) The local public notice may be included in the local
public notice required under regulation 80(8).(6) The Departmental CEO may approve forms to be used
for the purposes of this regulation.80AB. Declaration and notice required under Sch. 4.1B
cl. 1(5)(1) This regulation applies for the purposes of section 4.77
if a declaration and notice are required under
Schedule 4.1B clause 1(5) of the Act.(2) The RO must publicly declare any matter required to
be declared under Schedule 4.1B clause 1(5) of the
Act.(3) The declaration must include the following —
(a)
a statement that Schedule 4.1B clause 1(5) of the Act applies;
(b) details of the vacancy that is filled; (c)
the name and term of office of the candidate who is declared elected to fill the vacancy.
(4) The RO must also give local public notice setting out
the contents of the declaration.
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(5) The local public notice may be included in the local
public notice required under regulation 80(8).(6) The Departmental CEO may approve forms to be used
for the purposes of this regulation.42. Regulation 80A deleted
Delete regulation 80A.
43. Regulation 81 amended
(1) In regulation 81 delete “The report” and insert: (1) The report (2) At the end of regulation 81 insert:
(2) If relevant, the report must be accompanied by a
document detailing the distribution of preference votes.44. Regulation 85 amended
(1) After regulation 85(1)(c) insert:
(ca) a declaration that a declaration under
Schedule 4.1A clause 19 of the Act or
Schedule 4.1B clause 1(5) of the Act should be
changed;
(2) Delete regulation 85(2) and insert:
(2)
If the investigation of the invalidity complaint leads to a situation that requires the drawing of lots as set out in
Part 12C, the Court may order the RO —
(a) to draw lots in accordance with the applicable provisions of Part 12C; and (b) to inform the Court of the result to enable the Court to make a determination under subregulation (1).
45. Regulation 86 amended
In regulation 86 delete “(b) or (c),” and insert:
(b), (c) or (ca),
30 June 2023 GOVERNMENT GAZETTE, WA 2165 46. Regulation 86A inserted
After regulation 86 insert:
86A. Publication of Court’s declaration under s. 4.81(5)(a) — s. 4.81(5)(b)(ii) For the purposes of section 4.81(5)(b)(ii), the RO must
give local public notice setting out the contents of theCourt’s declaration under section 4.81(5)(a). 47. Part 15A inserted
After regulation 87 insert:
Part 15A — Provisions for Schedule 4.1A of Act
Note for this Part:
See Part 12C Division 2 for provisions relating to the
drawing of lots under Schedule 4.1A of the Act.
Division 1 — Provisions for Schedule 4.1A clause 2(4) of
Act
87A. Declaration and notice of election (1) This regulation applies for the purposes of
Schedule 4.1A clause 2(4) of the Act.(2) The CEO must publicly declare that the vacancy has
been filled by election under Schedule 4.1A of the Act.(3) The declaration must include the following —
(a)
the name of the former member and their office;
(b)
the name and term of office of the person elected to fill the vacancy.
(4) The CEO must also give local public notice of the
contents of the declaration.Division 2 — Provisions for Schedule 4.1A clause 18 of
Act
Subdivision 1 — Preliminary
87B. Terms used (1) In this Division, references to clauses are to clauses of
Schedule 4.1A of the Act.(2) In this Division — vacancy day has the meaning given in clause 1;
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working day has the meaning given in clause 1.
(3) Clause 2(6) applies for the purposes of this Division.
Subdivision 2 — Notifications
87C. Notification from CEO to candidate (1)
This regulation applies to a notification that the CEO is required to give to a candidate under clause 4(1), 6(1), 7(2), 9(1), 10(2), 12(1) or 13(2).
(2) The notification must —
(a) be in writing; and (b) include the following — (i) the name of the local government;
(ii) the clause under which the notification is given;
(iii) the candidate’s name;
(iv) the CEO’s name;(v) the address of the CEO’s office;
(vi) the CEO’s email address;
(vii) the former member’s name;
(viii) details of the vacant office; (ix) vacant or, in the case of a vacancy under
the date on which the office became has not yet taken effect, the date on which the resignation will take effect;
(x) details of the period within which the candidate must notify the CEO that the candidate wants to fill the vacancy;
(xi) details of the requirements of regulation 87D(2);
(xii) details of how the candidate’s
notification to the CEO may be given
under regulation 87D(3).
(3) The notification may be given in any of the following ways —
(a) giving it personally to the candidate; (b) sending it by prepaid post addressed to the candidate —
(i) in accordance with the Interpretation Act 1984 section 75(1); or
30 June 2023 GOVERNMENT GAZETTE, WA 2167 (ii) at another address that has been provided to the CEO by the candidate for the purpose of receiving a notification under Schedule 4.1A of the Act;
(c) emailing it to an email address that has been provided to the CEO by the candidate for the purpose of receiving a notification under Schedule 4.1A of the Act;
(d)
in another way agreed between the CEO and the candidate.
(4) If the CEO is satisfied that it is not reasonably
practicable to give the notification in accordance with
subregulation (3), the CEO may give the notification
by local public notice.(5) For the purposes of the Local Government
(Administration) Regulations 1996 regulation 3A(1)(a)
and (2)(d)(i), (f)(i) and (g)(i), the period specified in
relation to a local public notice given under
subregulation (4) is 5 working days.(6) If the notification is sent by prepaid post, the candidate is taken to be notified as follows —
(a) if the notification is sent to an address in the State — on the 2nd working day after the day on
which the notification is posted;
(b) if the notification is sent to an address in another State or in a Territory — on the 4th
working day after the day on which the
notification is posted;(c) otherwise — on the 8th working day after the day on which the notification is posted.
(7) If the notification is sent by email, the candidate is
taken to be notified on the 1st working day after the day
on which the email is sent.(8) If the notification is given by local public notice, the
candidate is taken to be notified on the 5th working day
after the day on which the notice is first published onthe local government’s official website. (9) Subregulations (6) to (8) apply even if the candidate is
not actually notified.(10) Regulation 5 does not apply to the notification. 87D. Notification from candidate to CEO (1) This regulation applies to a notification that a candidate
may give to the CEO under clause 4(2), 6(2), 7(3),
9(2), 10(3), 12(2) or 13(3).
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(2) The notification must —
(a) be in writing; and (b) be in the form of a statutory declaration made by the candidate that states —
(i) that the candidate wants to fill the vacancy; and
(ii) that the candidate considers that they are qualified to be elected to the council under section 2.19.
(3) The notification may be given in any of the following ways —
(a) giving it personally to the CEO; (b) giving it personally to another employee of the local government at the address of the CEO’s
office notified under regulation 87C(2)(b)(v);
(c) emailing it to the CEO’s email address notified under regulation 87C(2)(b)(vi);
(d)
in another way agreed between the CEO and the candidate.
(4) If the notification is given to an employee under
subregulation (3)(b), the CEO is taken to be notified on
the day on which the notification is given to the
employee.(5) If the notification is emailed —
(a)
the CEO is taken to be notified on the 1st working day after the day on which the email is sent; and
(b)
the CEO must confirm receipt by a return email as soon as possible.
(6) Subregulations (4) and (5)(a) apply even if the CEO is
not actually notified.(7) Regulation 5 does not apply to the notification. 87E. Copies of notifications to be provided to Minister The CEO must provide a copy of the following to the Minister —
(a)
any notification given by the CEO to which regulation 87C applies;
(b)
any notification given to the CEO to which regulation 87D applies.
30 June 2023 GOVERNMENT GAZETTE, WA 2169 Subdivision 3 — Extension of time periods
87F. Extension to take account of delay in CEO
becoming aware of vacancy(1) This regulation applies to a period of 5 or 15 working
days provided for in clause 4(1), 6(1), 7(2), 9(1), 10(2),
12(1) or 13(2) (including, if relevant, as modified
under clause 15(2), 16(2) or 17(2)).(2) If the CEO does not become aware of the vacancy until
after the vacancy day, the period is extended so that it
ends, as the case requires, on the 5th or 15th working
day after the day on which the CEO becomes aware of
the vacancy.87G. Extension to take account of method of notification
used by CEO(1) In this regulation — relevant period —
(a)
means a period of 5 or 15 working days provided for in clause 4(1), 6(1), 7(2), 9(1), 10(2), 12(1) or 13(2) (including, if relevant, as modified under clause 15(2), 16(2) or 17(2)); and
(b)
includes such a period as extended under regulation 87F or 87I or both.
(2) Subregulation (3) applies if —
(a)
the notification required to be given by the CEO within a relevant period is sent by prepaid post within the relevant period; and
(b)
the working day on which the candidate is taken to be notified under regulation 87C(6) falls after the relevant period.
(3) The relevant period is extended so that it ends on the
working day referred to in subregulation (2)(b).(4) Subregulation (5) applies if —
(a)
the notification required to be given by the CEO within a relevant period is sent by email within the relevant period; and
(b)
the working day on which the candidate is taken to be notified under regulation 87C(7) falls after the relevant period.
(5) The relevant period is extended so that it ends on the
working day referred to in subregulation (4)(b).
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(6) Subregulation (7) applies if —
(a) the notification required to be given by the CEO within a relevant period is given by local public notice that is first published on the local government’s official website within the
relevant period; and
(b)
the working day on which the candidate is taken to be notified under regulation 87C(8) falls after the relevant period.
(7) The relevant period is extended so that it ends on the
working day referred to in subregulation (6)(b).87H. Extension to take account of method of notification
used by candidate(1) In this regulation — relevant period means a period of 5 working days provided for in clause 4(2), 6(2), 7(3), 9(2), 10(3), 12(2) or 13(3).
(2) Subregulation (3) applies if —
(a)
the notification required to be given by the candidate within a relevant period is sent by email within the relevant period; and
(b)
the working day on which the CEO is taken to be notified under regulation 87D(5)(a) falls after the relevant period.
(3) The relevant period is extended so that it ends on the
working day referred to in subregulation (2)(b).87I. Consequential extensions (1) In this regulation — relevant period —
(a)
means a period of 15 working days provided for in clause 7(2), 10(2) or 13(2); and
(b)
includes such a period as extended under regulation 87F or previously extended under this regulation or both.
(2) This regulation applies if, in consequence of an
extension to a period under regulation 87G or 87H (the
original extension), the CEO considers that a relevant
period should be extended so as to allow the CEO
further time in which to determine whether the
requirement of clause 7(1), 10(1) or 13(1) (as the case
requires) is met.
30 June 2023 GOVERNMENT GAZETTE, WA 2171
(3) The CEO may, with the agreement of the Electoral Commissioner, extend the relevant period, having regard to the number of working days of the original extension. (4) The CEO may extend the relevant period even if it has
already expired.48. Part 16A inserted
After regulation 92 insert:
Part 16A — Transitional provisions for Local
Government Amendment Act 2023 and Local
Government Regulations Amendment Regulations
(No. 2) 2023
92A. Terms used In this Part — 2023 amendment Act means the Local Government
Amendment Act 2023;2023 amendment regulations means the Local Government Regulations Amendment Regulations (No. 2) 2023. 92B. Pre-21 October 2023 elections (1) In this regulation — election has the meaning given in section 4.1; election day has the meaning given in section 4.1; pre-21 October election means an election for which
election day is before 21 October 2023.(2) For the purposes of Schedule 9.3 clause 62(2) of the
Act, the amendments made by sections 31(3), 33 to 39,
40(1) and (2), 42 to 54 and 92 to 98 of the
2023 amendment Act do not apply in relation to a
pre-21 October 2023 election and, accordingly, the Act
applies in relation to the pre-21 October 2023 election
as if those amendments had not been made.(3) For the purposes of Schedule 9.3 clause 62(2) of the
Act, the amendment made by section 31(2) of the
2023 amendment Act does not apply in relation to an
enrolment eligibility claim made before the day on
which section 31(2) of the 2023 amendment Act comes
into operation and, if relevant, section 4.33(2B)
continues to apply in relation to the enrolment
eligibility claim as if that amendment had not been
made.
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(4) For the purposes of Schedule 4.1A clauses 4(4)(b),
6(4)(b), 7(5)(b), 9(4)(b), 10(5)(b), 12(4)(b)
and 13(5)(b) of the Act, the vacancy cannot be filled if
the election at which the former member was elected is
a pre-21 October 2023 election and, accordingly, no
declaration or notice is required to be given under
Schedule 4.1A clause 19 of the Act in relation to a
pre-21 October 2023 election.(5) For the purposes of Schedule 4.1B clause 1(4) of the
Act, the vacancy cannot be filled if the concurrent
election is a pre-21 October 2023 election.(6)
The amendments made by regulations 24 to 46 and 49 to 58 of the 2023 amendment regulations do not apply in relation to a pre-21 October 2023 election and,
accordingly, these regulations apply in relation to the pre-21 October 2023 election as if those amendments had not been made.
92C. Pre-21 October 2023 Schedule 2.3 elections (1)
For the purposes of Schedule 9.3 clause 62(2) of the Act, no amendment referred to in regulation 92B(2) applies in relation to an election under Schedule 2.3 of
the Act which is conducted at a meeting held before 21 October 2023 and, accordingly, the Act applies in relation to the election as if none of those amendments
had been made. (2)
No amendment referred to in regulation 92B(6) applies in relation to an election under Schedule 2.3 of the Act which is conducted at a meeting held before
21 October 2023 and, accordingly, these regulations
apply in relation to the election as if none of those
amendments had been made.92D. Pre-existing councillor vacancies (1) In this regulation — amendment day means the day on which section 28(2)
of the 2023 amendment Act comes into operation;pre-existing vacancy means a vacancy in the office of a councillor —
(a) with the approval of the Electoral
which, before amendment day, the council, under section 4.17(3); and
(b)
which, immediately before amendment day, remains unfilled.
30 June 2023 GOVERNMENT GAZETTE, WA 2173
(2) For the purposes of Schedule 9.3 clause 62(2) of the
Act, section 4.17(3) to (4), as in force immediately
before amendment day, continue to apply to a
pre-existing vacancy as if section 28(2) of the
2023 amendment Act had not come into operation.49. Schedule 1 amended
In Schedule 1 in the List of Forms delete the item relating to
Form 19.50. Schedule 1 Form 8 amended
In Schedule 1 Form 8:
(a) delete the box titled “5 Course of induction” and insert:
5 Course of The course of induction is the course titled Local Government Candidate induction Induction that is available on the Department's official website after
30 June 2023.The reference number is the number that is emailed to you on completion of the course.
(b) in the box titled “Closing date for nominations” delete “37th” and insert:
44th
(c) in the box titled “Candidate’s profile” delete “800” and insert:
1 000
(d) after the box titled “Candidate’s profile” insert:
Additional Your nomination may, in addition to the candidate’s profile, be information accompanied by a written statement containing information that you
consider to be relevant to your candidature.The written statement must contain no more than 2 000 characters and spaces. The written statement is for publication on the local government’s official website.
(e) in the box titled “Deposit” delete “$80.” and insert: $100.
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51. Schedule 1 Form 9 amended
In Schedule 1 Form 9:
(a) delete the box titled “5 Course of induction” and insert:
5 Course of The course of induction is the course titled Local Government Candidate induction Induction that is available on the Department's official website after
30 June 2023.The reference number is the number that is emailed to the nominee on completion of the course.
(b) in the box titled “Closing date for nominations” delete “37th” and insert:
44th
(c) in the box titled “Candidate’s profile” delete “800” and insert:
1 000
(d) after the box titled “Candidate’s profile” insert:
Additional Your nomination may, in addition to the candidate’s profile, be information accompanied by a written statement containing information that the
candidate considers to be relevant to their candidature.The written statement must contain no more than 2 000 characters and spaces. The written statement is for publication on the local government’s official website.
30 June 2023 GOVERNMENT GAZETTE, WA 2175
(2) In Schedule 1 Form 10 delete note 5 and insert: 5 How to vote
This ‘How to Vote’ note is for an election with only 2 candidates. If
there are 3 or more candidates, replace it with the following note:
How to vote
Write the number 1 in the square next to the name of the candidate who is your first choice.
If you want to, you may show more choices by writing consecutive numbers in the squares next to the names of other candidates in the order of your choice, starting with the number 2 up to [INSERT NUMBER OF CANDIDATES].
You do not need to write a number in all the squares.
54. Schedule 1 Form 11 amended
In Schedule 1 Form 11 delete the box titled “Cast your vote” and
insert:
Cast your vote Election that has only 2 candidates Write the number 1 in the square next to the name of the candidate who you want to vote for. Election that has 3 or more candidates Write the number 1 in the square next to the name of the candidate who is your first choice. If you want to, you may show more choices by writing consecutive numbers in the squares next to the names of other candidates in the order of your choice, starting with the number 2 up to the number equal to the total number of candidates. You do not need to write a number in all the squares. 55. Schedule 1 Form 12 amended
(1) In Schedule 1 Form 12 in the box titled “Where to send your form”
delete “36” and insert:43 (2) In Schedule 1 Form 12 in the box titled “Postal votes at future elections” delete “36” and insert:
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56. Schedule 1 Form 13 amended
(1) In Schedule 1 Form 13(a) in the box titled “How to vote” delete item 1 and insert:
If only 2 candidates are named on the ballot paper, decide which candidate you want
to vote for and mark your choice on the ballot paper. The instructions on the ballot
paper tell you how to do this.If 3 or more candidates are named on the ballot paper, decide which candidate is
your first choice and whether you want to show more choices. Then mark your
choice or choices on the ballot paper. The instructions on the ballot paper tell youhow to do this.
(2) In Schedule 1 Form 13(b) in the box titled “How to vote” delete items 1 and 2 and insert: Mayoral 4 election If only 2 candidates are named on the mayoral 4 ballot paper, decide which candidate
you want to vote for and mark your choice on the mayoral 4 ballot paper. Theinstructions on the mayoral 4 ballot paper tell you how to do this.
If 3 or more candidates are named on the mayoral 4 ballot paper, decide which
candidate is your first choice and whether you want to show more choices. Then
mark your choice or choices on the mayoral 4 ballot paper. The instructions on themayoral 4 ballot paper tell you how to do this.
Councillors election
If only 2 candidates are named on the councillors ballot paper, decide which
candidate you want to vote for and mark your choice on the councillors ballot paper.
The instructions on the councillors ballot paper tell you how to do this.If 3 or more candidates are named on the councillors ballot paper, decide which candidate is your first choice and whether you want to show more choices. Then mark your choice or choices on the councillors ballot paper. The instructions on the
councillors ballot paper tell you how to do this.
(3) In Schedule 1 Form 13 in note 1b in the box titled “How to vote” delete item 1 and insert:
If only 2 candidates are named on the ballot paper, decide which candidate you want
to vote for and mark your choice on the ballot paper. The instructions on the ballot
paper tell you how to do this.If 3 or more candidates are named on the ballot paper, decide which candidate is
your first choice and whether you want to show more choices. Then mark your
choice or choices on the ballot paper. The instructions on the ballot paper tell youhow to do this.
(4) In Schedule 1 Form 13 in note 3a in the box titled “How to vote” delete items 1 and 2 and insert: Mayoral 4 election If only 2 candidates are named on the mayoral 4 ballot paper, decide which
candidate you want to vote for and mark your choice on the mayoral 4 ballot paper.The instructions on the mayoral 4 ballot paper tell you how to do this.
If 3 or more candidates are named on the mayoral 4 ballot paper, decide which
candidate is your first choice and whether you want to show more choices. Then
mark your choice or choices on the mayoral 4 ballot paper. The instructions on the
mayoral 4 ballot paper tell you how to do this.
30 June 2023 GOVERNMENT GAZETTE, WA 2177 Councillors election
If only 2 candidates are named on the councillors ballot paper, decide which
candidate you want to vote for and mark your choice on the councillors ballot paper.
The instructions on the councillors ballot paper tell you how to do this.If 3 or more candidates are named on the councillors ballot paper, decide which candidate is your first choice and whether you want to show more choices. Then mark your choice or choices on the councillors ballot paper. The instructions on the
councillors ballot paper tell you how to do this.
57. Schedule 1 Form 19 deleted
Delete Schedule 1 Form 19.
58. Schedule 1 Form 20 replaced
Delete Schedule 1 Form 20 and insert:
Form 20. Report to Minister
REPORT TO MINISTER
Local Government Act 1995, s. 4.79(2)
Local Government (Elections) Regulations 1997, r. 81
Part 1 — General information
Use one form for each election.
District and date
District (and ward, if applicable)
where election held:
Election date:
Vacancies
Number of vacancies:
Vacancies unfilled:
(i.e., vacancies for which no nominations were received at
the close of nominations):
Type of election
Voting in person: Postal: [Tick one box] Position/s
Mayor / president / councillor*
* Delete whichever is inapplicable.
Number of persons on rolls
Number of persons on owners and
occupiers roll
Number of persons on residents roll
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Total number of names of persons on rolls
(roll, if consolidated)
Part 2 — Voter turnout
Voter categories Number of voters Absent voters whose voting papers were rejected 1 Postal voters whose voting papers were rejected 1 Absent voters whose voting papers were accepted 2 Postal voters whose voting papers were accepted 3 Early voters recorded on roll Voters who voted in person on election day recorded on roll Provisional voters whose voting papers were accepted 4 Total voter turnout 5 1 Assume the voting papers include a ballot paper for this election.
2 Work out using number of accepted absent voter declarations retained.
3 Work out using number of accepted elector certificates retained.
4 Work out using number of Form 16s accepted by an electoral officer.
5 Total number of eligible electors who attempted to vote by the close of poll.
Part 3 — Number of late arriving postal packages
Number of late arriving postal packages 6
6 Include voting packages arriving up to 1 week after the close of poll. Assume the voting papers include a ballot paper for this election.
Part 4 — Details of candidates and votes
Surname Other names Gender Previous First-preference votes received 7 member (yes / no) 7 Insert the total number of first-preference votes received by each candidate.
Insert “unopposed” if the candidate was elected unopposed under
section 4.55 of the Local Government Act 1995.
Insert “appointed” if the candidate was appointed under section 4.57(3) of
the Local Government Act 1995.
30 June 2023 GOVERNMENT GAZETTE, WA 2179 Distribution of preferences
A distribution of preferences was not required A distribution of preferences was required and is attached [Tick one box] Part 5 — Ballot papers counted
Ballot papers Number Number of valid ballot papers counted Number of informal ballot papers counted Part 6 — Candidate/s elected
Surname Other names Year term expires Type of vacancy (Ordinary / extraordinary / other)
Returning officer Full name:
Signature: Date: Part 5 — Local Government (Functions and General)
Regulations 1996 amended
59. Regulations amended
This Part amends the Local Government (Functions and
General) Regulations 1996.60. Part 1B inserted
After regulation 3 insert:
Part 1B — Caretaker period
3A. Significant acts (1)
In this regulation, references to paragraphs are to paragraphs of the definition of significant act in section 3.73(1) of the Act (unless otherwise indicated).
| 2180 | GOVERNMENT GAZETTE, WA | 30 June 2023 |
(2)
For the purposes of paragraph (f), entering into a contract is a significant act if either or both of the
following apply —
(a) under the contract, the local government is to, or is expected to, provide or receive consideration that is, or is expected to be —
(i) more than $250 000 (in total); or
(ii) worth more than $250 000 (in total);
(b)
under the contract, the local government is to, or is expected to, acquire or dispose of property the market value of which is, or is expected to be, more than $250 000 (in total).
(3) If a local government intends to enter into 2 or more
contracts in circumstances such that the desire to avoid
the requirements of subregulation (2) is a significant
reason for not dealing with the matter in a single
contract, for the purposes of paragraph (f), entering into
any of the contracts is a significant act.(4) In subregulations (2) and (3) — acquire includes lease or license from another person; contract means a contract or other agreement or
arrangement;dispose includes lease or license to another person; property includes any interest, or any share of an
interest, in any property.(5) For the purposes of paragraph (g), inviting a tender is a significant act if the tender —
(a) is required to be publicly invited under regulation 11(1) or 12(2); or (b) would be required to be publicly invited under regulation 11(2).
(6) For the purposes of paragraph (i), each of the following is a significant act —
(a) each of the following under Part 3 Division 4 of the Act —
(i) establishing a regional local
government;(ii) amending the establishment agreement for a regional local government;
(iii) winding up a regional local government, otherwise than at the direction of the Minister;
(iv) withdrawing from a regional local government;
30 June 2023 GOVERNMENT GAZETTE, WA 2181 (v) forming a regional subsidiary;
(vi) amending the charter for a regional subsidiary;
(vii) winding up, or withdrawing from, a regional subsidiary;
(b) commencing the preparation of any of the following under the Planning and Development (Local Planning Schemes) Regulations 2015
Part 3 —
(i) a local planning strategy;
(ii) an amendment to a local planning strategy;
(iii) a notice of revocation in respect of a local planning strategy;
(c) passing a resolution of the kind referred to in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 19(1); (d) passing a resolution of the kind referred to in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 35(1) in relation to a complex amendment (as defined in regulation 34 of those regulations); (e) commencing a review of a local planning scheme under the Planning and Development (Local Planning Schemes) Regulations 2015
regulation 65;
(f) commencing the preparation of an instrument of repeal in respect of a local planning scheme under the Planning and Development Act 2005 section 74(b); (g) doing either of the following under the Planning and Development (Local Planning
Schemes) Regulations 2015 Schedule 2 Part 2 a local planning scheme of the local government — (i) resolving to prepare or amend a local planning policy;
(ii) commencing the preparation of a notice of revocation in respect of a local planning policy;
(h) publicly inviting persons to apply to join a panel of pre-qualified suppliers under Part 4 Division 3; (i) deciding to do anything referred to in paragraphs (a) to (h) of this subregulation.
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(7) Subregulation (6)(b) to (g) do not apply to anything
done, and subregulation (6)(i) does not apply to a
decision to do anything, for the purpose of complying
with an order or notice given under the Planning and
Development Act 2005 section 76, 77A, 211 or 212.3B. Decisions taken before caretaker period For the purposes of section 3.73(4)(b) of the Act, the local government must do the following before doing
the significant act —
(a) give local public notice of the local government’s intention to do the significant act,
including —
(i) details of the significant act and the date on which the local government intends to do the significant act; and
(ii) significant act referred to in
details of the decision to do the date on which the decision was made;
(b)
provide a copy of the notice given under paragraph (a) to the Departmental CEO.
3C. Transitional provision For the purposes of Schedule 9.3 clause 62(2) of the
Act, section 3.73 of the Act does not apply in relation
to a caretaker period that begins before 1 July 2024.
K. COLLERAN, Clerk of the Executive Council.
———————————
Part 4 — Local Government (Elections)
Regulations 1997 amended
23. Regulations amended
This Part amends the Local Government (Elections)
Regulations 1997.24. Regulation 3 amended
(1) In regulation 3 delete the definition of electronic counting
system.
(e) in the box titled “Deposit” delete “$80.” and insert: $100.
52. Schedule 1 Form 9A amended
In Schedule 1 Form 9A delete “$200” (each occurrence) and
insert:
$300
53. Schedule 1 Form 10 amended
(1) In Schedule 1 Form 10 delete the first box titled “How to vote” and insert:
How to vote 5
Write the number 1 in the square next to the name of the candidate
who you want to vote for.
0
0
0