Real Estate and Business Agents Supervisory Board (Elections) Amendment Regulations 1996 (WA)

3218 GOVERNMENT GAZETTE, WA [5 July 1996

FAIR TRADING

Western Australia, Table 4, p. 233.]

F1'301

REAL ESTATE AND BUSINESS AGENTS ACT 1978

REAL ESTATE AND BUSINESS AGENTS SUPERVISORY BOARD

(ELECTIONS) AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Real Estate and Business Agents

Supervisory Board (Elections) Amendment Regulations 1996.

Principal regulations

2. In these regulations the Real Estate and Business Agents Supervisory Board (Elections) Regulations 1980* are referred to as the principal regulations.

[4' Published in Gazette of 12 September 1980 at pp. 3201-5.

For amendments to 13 May 1996 see 1995 Index to Legislation of

5 July 19961 GOVERNMENT GAZETTE, WA 3219

Regulations 4A and 4B inserted

3.    After regulation 4 of the principal regulations the following regulations

are inserted -

"

Candidates details with ballot papers

4A. (1) On or before the day and time appointed under	regulation 4 for a particular election, each nominated candidate
may contact the returning officer with a brief summary of that candidate's biographical details (not exceeding 300 words in length) to be sent to the voters along with the ballot paper.
summary is excessive, or any part of it is unsuitable, the (2) If, in the returning officer's opinion, the candidate's returning officer may edit the summary, after making reasonable to
attempts contact the candidate.
Order of names on ballot papers
4B. After all nominations have been received by the returning officer for a particular election, the returning officer shall determine the order in which the names of the candidates will appear on the ballot paper by a process of drawing lots. ,'

Regulation 5 amended

4.     Regulation 5 (1) of the principal regulations is amended -

(a) by inserting after "shall" the following -

if an election is required, ";

(b) by deleting "so as to reach him not later than seven days prior to" and substituting the following -

44

within 7 days of "; and

(c) by deleting "twenty-one days prior to that day" and substituting the following -

44

on the day appointed for the receipt of nominations

Regulation 6 amended

5.    Regulation 6 of the principal regulations is amended -

(a) in subregulation (2) -

(i)	in paragraph (a), by deleting "or signed by the Returning	Officeror by a person authorised in that behalf by the
Returning Officer and substituting the following -
44

by the Returning Officer or bearing a facsimile

of those initials

(ii)	by deleting paragraph (b) and substituting the following	paragraph -
49

(b) biographical details provided by the candidate under regulation 4A;

and

3220 GOVERNMENT GAZETTE, WA [5 July 1996

(iii) in paragraph (d), by inserting after "Officer" the following -

94

bearing a voter's declaration in the form of

'01`1111 orm 4 of the Appendix 1

and

(b)	in subregulation (3) -
(i) by deleting "counterfoil,"; and

(ii) by inserting after "addressed envelope" the following -

64

with declaration

Regulation 8 amended

6.

paragraphs (d) and (e) and substituting the following paragraphs -	Regulation 8 (2) of the principal regulations is amended by deleting
44
(d) marked with the address of the returning officer;

enclose the envelope marked "Ballot Paper" in the envelope

write his name in block letters, and sign his name, on the

(e) voter's declaration on the envelope addressed to the

returning officer; It

Regulations 9 and 10 repealed and regulations substituted

7.    Regulations 9 and 10 of the principal regulations are repealed and the

following regulations are substituted -

Is

Issue of duplicate ballot paper or addressed envelope

9. (1) Where, on application before the time of the close of the ballot in an election, the returning officer is satisfied that a ballot

that person a duplicate ballot paper, or addressed envelope, as	received or has been lost, destroyed or spoilt, he shall issue to	paper or an addressed envelope issued to a voter has not been
the case may be.

An application under subregulation (1) by a person for a duplicate ballot paper, or addressed envelope7 for an election shall be in writing setting out the grounds on which the application is made and declaring that the person has not voted in the election and shall, if practicable, be accompanied by any evidence that is available of that non-receipt, loss, destruction or damage.

(2)

Voter's eligibility to be checked

10. (1) The returning officer, before proceeding to count the number of votes to ascertain which candidate is successful in the election, shall, for each envelope received, check the voter's declaration against the list referred to in regulation 5 and -

(a) if the voter's declaration is found to be in order, mark

the roll; or

(b) if the voter's declaration is not in order, mark the

envelope with the word "rejected" and set the envelope aside for safe keeping.

5 July 19961 GOVERNMENT GAZETTE, WA 3221

returning officer shall place that envelope in a sealed ballot box, (2) If a voter's declaration is found to be in order, the

together with all other envelopes purporting to contain ballot up to the close of the poll. paper envelopes (other than rejected envelopes) received by him

envelope received after the close of the poll shall not be admitted (3) An envelope purporting to contain a ballot paper

to the scrutiny.

Counting of votes received

10A. (1) As soon as practicable after the close of the poll, and after all the voter's declarations are checked, the returning

officer in the presence of any scrutineer, shall open the sealed ballot box, open each envelope bearing a valid voter's declaration, and set those opened envelopes aside for safekeeping.

The returning officer shall then, in the presence of any

scrutineer, open each ballot paper envelope and proceed with the
count,

(2)

Regulation 11 amended

8.    Regulation 11 of the principal regulations is amended -

by inserting after the regulation designation "11." the

(a) subregulation designation "(1)";

(b) by deleting "A ballot" and substituting the following -

it

Subject to subregulation (2), a ballot ";

(c)	in paragraph (a), by deleting "or signature of the Returning	Officer or a person authorized in that behalf by the Returning
Officer" and substituting the following -
it

of the returning officer or a facsimile of those initials

and

(d) by inserting the following subregulation -

46

accordance with regulation 8 (2) (b), but the ballot paper clearly indicates the voter's intention, the ballot (2) If a ballot paper has not been completed in

paper shall not be informal, and shall be given effect

to in accordance with the voter's intention. ,,

Regulation 14 amended

9.     Regulation 14 of theprincipal regulations is amended by deleting

"scrutiner" and substituting the following -

49

scrutineer

Regulation 17 amended

10.     Regulation 17 of the principal regulations is amended by repealing

subregulations (2) and (3) and substituting the following subregulations -

49

The returning officer and any other officers assisting the returning officer are entitled to such remuneration as is determined by the Electoral Commissioner.

(2)

3222 GOVERNMENT GAZETTE, WA [5 July 1996

All costs, charges and expenses incurred by the returning

officer in connection with the election are to be reimbursed by the
Board from the moneys described in section 7 (7) of the Act.

(3)

Appendix amended

11. The Appendix to the principal regulations is amended by deleting

Forms 2, 3 and 4 and substituting the following forms -

99

Form 2

Western Australia

Real Estate and Business Agents Act 1978

[reg. 41

To the Returning Officer
Perth.

We, the undersigned persons eligible to vote at the election of an elective member or a deputy member of the Real Estate and Business Agents Supervisory Board, do hereby nominate -

(Surname) (Christian or Given Names)

for the election as a member (or deputy member) of the Board (Strike out whichever is inapplicable).

Signature of	Name and address of Nominator	Firm or body
Nominator	corporate of which nominator is the
any) representative (if

(To be signed by not less than TWO persons eligible to vote for the nominee)

I, of

hereby consent to the above nomination and to act, if elected, in the

capacity abovementioned.

Form of name to be printed on Ballot Paper (Refer Note below)

(Surname) (Given Names)

Note: include the Candidate's surname and may include each, or one or more of the Candidate's given names.

For this purpose, a given name may be stated by specifying -

(a)	the name;
(b)	an initial standing for the name; or
(c)	a commonly accepted variation of the name (including an

abbreviation of the name) or an alternative of the name.

(Date (Signature of Candidate)

5 July 19961 GOVERNMENT GAZETTE, WA 3223

Note: If a person is nominated as a candidate for both member and	deputy member at the same election the nomination for deputy member
is invalid - Regulation 4 (4).

The nomination was received on . . J. . i.. . . at	. . . a.mfp.m.
Returning Officer's Signature
Form 3

Western Australia

Real Estate and Business Agents Act 1978

[reg. 6]

ALLO'r PAPER

Member) to the Rea' Estate and Business	ELECTION of an Elective Member (or Deputy
Agents Supervisory Board.

Retaining officees

intetels

Date and Hour for the close of voting

(Here m.,ert the appropflate day, date and time)

Number the boxes from to -

in the order of your c1ice

rml	Name of candidate
El	Name of candidate
El	Name of candidate
El	Name of candidate

El (etc)

Remember Number every box to make your vote count.

Instructions for voting

1.        The ballot paper must be completed by you, the voter, personally.

2.        Do not put on the ballot paper any mark or writing by which you can be identified.

3.       Place in and seal the ballot paper in the envelope marked "BALLOT PAPER".

4.        The information required on the back of the return envelope is used to mark your name off the roll. The smaller ballot paper envelope will be removed from the return envelope before the ballot paper is opened. Therefore, the information you provide cannot be used to identify your voting preference.

5.        Make sure that the completed ballot reaches the Returning Officer no later than (Here insert the appropriate day, date and time).

(Here insert the name of the Returning Officer)

I NOTE: Separate Ballot Papers should be used for the election of a person as a member and a deputy member.]

3224 GOVERNMENT GAZETTE, WA [5 July 1996

Form 4

Western Australia

Real Estate and Business Agents Act 1978

[reg. 6]

Date of close of poll.

ELECTION of an Elective Member (or Deputy Member) to the Real Estate and Business Agents Supervisory Board

I, the undersigned, declare that I am an eligible voter in the election of the member(s) set out in the accompanying ballot paper.

Name of Voter.

Name of firm or body corporate of which the voter is a representative (if any).

Usual Signature.

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.