Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments about writs
4. Section 4 amended 3
5. Section 13 amended 3
6. Section 14 amended 4
7. Section 63 repealed 4
8. Section 64 amended 4
9. Section 65 replaced 5
10 . Section 67 amended 5
11 . Section 69 replaced 6
12 . Section 72 amended 6
13 . Section 73 repealed 6
14 . Section 74 replaced 7
15 . Section 75 amended 7
16 . Section 76 amended 8
17 . Section 88 amended 8
18 . Section 147 replaced 9
19 . Section 156E amended 12
20 . Section 175Y amended 12
21 . Section 191A amended 12
22 . Constitution Act 1889 amended 13
23 . Constitution Acts Amendment Act 1899 amended 13
24 . Public Sector Management Act 1994 amended 13
25 . Referendums Act 1983 amended 13
page i
134--1B
Electoral Amendment Bill 2000
Contents
26 . Salaries and Allowances Act 1975 amended 14
27 . Tobacco Control Act 1990 amended 15
Part 3 -- Amendments about Registrars,
enrolment and rolls
28 . Various provisions as to Registrars and their functions
amended 16
29 . Various provisions as to arrangements with the
Commonwealth amended 21
30 . Section 25 replaced 22
31 . Sections 17 and 119 amended 23
Part 4 -- Amendments about nominations
32 . Section 70 amended 24
33 . Section 78 amended 24
34 . Section 81A inserted 24
35 . Section 83 amended 26
36 . Section 84 amended 26
37 . Section 85 replaced 27
38 . Various provisions amended 27
39 . Section 86 amended 27
40 . Section 87 amended 27
41 . Section 113D amended 28
Part 5 -- Amendments about early voting
42 . Section 4 amended 29
43 . Section 90 amended 29
44 . Section 92 amended 31
45 . Section 93 amended 33
46 . Section 211 amended 34
47 . Consequential amendments 34
48 . Referendums Act 1983 amended 36
Part 6 -- Amendments about polling places
49 . Section 100 amended 37
50 . Section 112 amended 38
51 . Section 142A amended 38
52 . Section 144 amended 38
53 . Referendums Act 1983 amended 39
page ii
Electoral Amendment Bill 2000
Contents
Part 7 -- Amendments about vacancies in
the Legislative Council
54 . Section 156A amended and consequential
amendments 40
55 . Constitution Acts Amendment Act 1899 amended 41
56 . Salaries and Allowances Act 1975 amended 41
Part 8 -- Amendments about political
finance
57 . Part VI heading replaced 43
58 . Section 175 amended 43
59 . Section 175E amended 43
60 . Section 175ZF amended 43
Part 9 -- Amendments about the
registration of political parties
61 . Section 4 amended 45
62 . Part IIIA inserted 46
63 . Section 25A amended 59
64 . Section 113C amended 60
65 . Section 175 amended 60
Part 10 -- Amendments about transmission
of electoral matter
66 . Section 4 amended 61
67 . Sections 142 and 142A amended 61
68 . Section 144 amended 61
69 . Section 209 amended 61
70 . Section 210 replaced 62
Part 11 -- General amendments
71 . Section 5F amended 63
72 . Section 5G amended 63
73 . Section 99A amended 63
74 . Section 103 repealed 64
75 . Section 122A amended 64
76 . Section 126 amended and consequential amendments
to sections 122A and 150 64
page iii
Electoral Amendment Bill 2000
Contents
77 . Section 130 amended 65
78 . Section 187 amended 66
79 . Section 191A amended 66
80 . Miscellaneous amendments about ballot paper forms
and saving provision 67
81 . Other miscellaneous amendments 67
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Electoral Amendment Bill 2000
A Bill for
An Act to amend the Electoral Act 1907 and to make related
amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electoral Amendment Act 2000.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. The Act amended
The amendments in this Act are to the Electoral Act 1907*
10 unless otherwise indicated.
[* Reprinted as at 22 April 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 77.]
page 2
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 4
Part 2 -- Amendments about writs
4. Section 4 amended
Section 4 is amended as follows:
(a) by inserting in the appropriate alphabetical position --
5 "
"general polling place" has the meaning given by
section 100(3);
";
(b) in both paragraphs of the definition of "general election"
10 by deleting "writs for which are issued pursuant to a
warrant" and, in each case, inserting instead --
" writ for which is issued ";
(c) by deleting the definition of "writ" and inserting
instead --
15 "
"writ" means a writ directing the Electoral
Commissioner to proceed with an election in a
district, elections in all the districts, an election in
a region or elections in all the regions.
20 ".
5. Section 13 amended
Section 13 is amended by deleting "an election for such region
or district until such writ is executed or returned" and inserting
instead --
25 "
a general election, or an election in that region or
district, before sending any statement required under
section 147(1)(b)
".
page 3
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 6
6. Section 14 amended
(1) Section 14(1) is amended as follows:
(a) by inserting after "writ for" --
" a general election or ";
5 (b) by deleting "such writ, so far as it is not executed, may
be executed and returned" and inserting instead --
"
so far as the Returning Officer's functions under this
Act in relation to the writ and the election have yet to
10 be completed, those functions may be performed
".
(2) Section 14(2) is repealed.
7. Section 63 repealed
Section 63 is repealed.
15 8. Section 64 amended
(1) Section 64(1) is amended by deleting "by warrant under his
hand in the prescribed form direct the Clerk of the Writs to issue
writs" and inserting instead --
" cause a writ to be issued ".
20 (2) Section 64(2) is amended as follows:
(a) by deleting "for writs" and inserting instead --
" for a writ ";
(b) by deleting "by warrant under his hand in the prescribed
form direct the Clerk of the Writs to issue those writs"
25 and inserting instead --
" cause that writ to be issued ".
(3) Section 64(3) is repealed.
page 4
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 9
9. Section 65 replaced
Section 65 is repealed and the following section is inserted
instead --
"
5 65. Notice to be published
(1) The Electoral Commissioner is to publish notice of the
issue of a writ under section 64, 67 or 156E in the
Gazette.
(2) The notice is to state the day of issue of the writ.
10 ".
10. Section 67 amended
(1) Section 67(1) is amended by deleting "by warrant under his
hand, in the prescribed form, direct the Clerk of the Writs to
issue a writ" and inserting instead --
15 " cause a writ to be issued ".
(2) Section 67(2) is amended by deleting "by warrant under his
hand in the prescribed form, direct the Clerk of the Writs to
issue a writ" and inserting instead --
" cause a writ to be issued ".
20 (3) Section 67(3) is amended by deleting "by warrant under his
hand direct the Clerk of the Writs to issue a writ" and inserting
instead --
" cause a writ to be issued ".
(4) Section 67(4) and the proviso to it are repealed and the
25 following subsections are inserted instead --
"
(4) In the case of a vacancy caused by death, the Speaker
or the Governor, as the case may require, is to cause
the writ to be issued on receiving notice of the death in
30 the prescribed form signed by 2 members of the
Assembly of which the deceased was a member.
page 5
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 11
(4a) However, subject to section 39(4) of the Constitution
Acts Amendment Act 1899, if the Speaker or Governor,
as the case may be, is satisfied of the existence of the
vacancy, the writ can be issued whether or not notice
5 has been received under subsection (4).
".
(5) Section 67(5) is amended by deleting "by warrant under his
hand, direct the Clerk of the Writs to issue a writ" and inserting
instead --
10 " cause a writ to be issued ".
(6) Section 67(6) is repealed.
11. Section 69 replaced
Section 69 is repealed and the following section is inserted
instead --
15 "
69. Form of writ
A writ is to be in the prescribed form and is to fix --
(a) the last day for the nomination of candidates;
(b) the day for the polling ("polling day"); and
20 (c) the last day for the return of the writ.
".
12. Section 72 amended
(1) Section 72(1) is amended by inserting after "fixed" --
" as the last day ".
25 (2) Section 72(2) is repealed.
13. Section 73 repealed
Section 73 is repealed.
page 6
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 14
14. Section 74 replaced
Section 74 is repealed and the following section is inserted
instead --
"
5 74. Address and distribution of writs
A writ is to be addressed to the Electoral
Commissioner and the Electoral Commissioner is to
forward a copy of the writ --
(a) in the case of a general election for the Council,
10 to the Returning Officer and Deputy Returning
Officers for each region;
(b) in the case of any other election in a region, to
the Returning Officer and Deputy Returning
Officers for the region;
15 (c) in the case of a general election for the
Assembly, to the Returning Officer for each
district;
(d) in the case of any other election in a district, to
the Returning Officer for the district.
20 ".
15. Section 75 amended
Section 75(1), (2) and (3) are repealed and the following
subsections are inserted instead --
"
25 (1) Having received a writ for an election in a region or an
election in a district the Electoral Commissioner is to --
(a) advertise in the region or district the day of
issue of the writ and the writ's particulars;
(b) as soon as practicable after receiving the writ,
30 advertise in the region or district the place of
nomination appointed under section 85(1) for
the election; and
page 7
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 16
(c) publish whatever information the Electoral
Commissioner considers necessary to
adequately inform electors about polling places
at which the poll will be taken and polling areas
5 declared under section 100(1)(i) in relation to
polling places.
(2) The advertisement under subsection (1)(a) must give at
least 10 clear days' public notice of polling day.
(3) In the case of a general election the Electoral
10 Commissioner is to comply with subsections (1) and
(2) in respect of each region or district.
".
16. Section 76 amended
Section 76(3) is amended by deleting "a writ" and inserting
15 instead --
" the writ ".
17. Section 88 amended
Section 88(2) is amended as follows:
(a) by deleting "and the writ issued in respect thereof shall
20 be deemed to be vacated";
(b) in paragraph (a) by deleting subparagraphs (ii) to (iv)
and "and" after subparagraph (iii) and inserting
instead --
"
25 and
(ii) report the fact of the death and the date
of the countermand of the notice of the
poll to the Electoral Commissioner.
";
page 8
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 18
(c) in paragraph (b) by deleting subparagraphs (ii) to (iv) and
"and" after subparagraph (iii) and inserting instead --
"
and
5 (ii) report the fact of the death and the time
of the closing of the poll to the Electoral
Commissioner.
";
(d) after paragraph (b) by inserting --
10 "
(ba) On receipt of a report under paragraph (a)(ii) or
(b)(ii) the Electoral Commissioner is to send a
notice, with a copy of the report, to the Speaker
or the Governor, whichever of them caused the
15 writ to be issued.
(bb) If there is no Speaker, and Parliament is not in
session, or if the Speaker is absent from the
State, a notice under paragraph (ba) may be
sent to the Governor in any case.
20 ";
(e) in paragraph (d) by deleting "Upon the return to the
Clerk of the Writs of a writ which has been vacated as
aforesaid" and inserting instead --
" When a notice is sent under paragraph (ba) ".
25 18. Section 147 replaced
Section 147 is repealed and the following section is inserted
instead --
"
147. Declaration of poll and certification and return of writ
30 (1) As soon as practicable after the result of the election
has been ascertained, the Returning Officer is to --
(a) at a place in the region or district, as the case
requires, appointed by the Returning Officer
page 9
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 18
declare the result of the election and the name
of the candidate, or names of the candidates,
elected; and
(b) send to the Electoral Commissioner a written
5 statement setting out --
(i) the result of the election;
(ii) the day on which the result was
declared; and
(iii) the name of the candidate, or names of
10 the candidates, elected.
(2) A statement under subsection (1)(b) is not required if
the election in the region or district has wholly failed or
the Returning Officer has given the Electoral
Commissioner a notification under section 145(3).
15 (3) In the case of a general election for the Council, when
all the statements required under subsection (1)(b) have
been received the Electoral Commissioner is to certify
on the writ, in respect of each region --
(a) the names of the candidates elected; and
20 (b) the day on which the result of the election was
declared.
(4) In the case of any other election in a region, when the
statement required under subsection (1)(b) has been
received the Electoral Commissioner is to certify on
25 the writ --
(a) the name of the candidate, or names of the
candidates, elected; and
(b) the day on which the result of the election was
declared.
30 (5) In the case of a general election for the Assembly,
when all, or all except not more than 5, of the
statements required under subsection (1)(b) have been
page 10
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 18
received the Electoral Commissioner is to certify on
the writ, in respect of each district for which a
statement has been received --
(a) the name of the candidate elected; and
5 (b) the day on which the result of the election was
declared.
(6) In the case of any other election in a district, when the
statement required under subsection (1)(b) has been
received the Electoral Commissioner is to certify on
10 the writ --
(a) the name of the candidate elected; and
(b) the day on which the result of the election was
declared.
(7) A certificate under (3), (4), (5) or (6) is to be signed
15 and dated by the Electoral Commissioner.
(8) The writ is to be regarded as having been returned on
the date of the certificate.
(9) As soon as practicable after the return of the writ the
Electoral Commissioner is to forward to the Clerk of
20 the Council or the Clerk of the Assembly, as the case
may require, the name of the member, or names of the
members, elected together with a copy of the certified
writ.
(10) If in the case of a general election for the Assembly a
25 statement required under subsection (1)(b) is received
after the writ has been certified under subsection (5),
the Electoral Commissioner is to --
(a) comply with subsections (5) and (7) in respect
of the district for which the statement was
30 received; and
page 11
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 19
(b) forward to the Clerk of the Assembly the name
of the member elected together with a copy of
the writ as further certified,
but the writ is still regarded as having been returned on
5 the date of the original certificate.
".
19. Section 156E amended
(1) Section 156E(1) is amended by deleting "by warrant under his
hand direct the Clerk of the Writs to issue a writ" and inserting
10 instead --
" cause a writ to be issued ".
(2) Section 156E(2) is amended by deleting "warrant" and inserting
instead --
" writ ".
15 (3) Section 156E(3) is repealed.
20. Section 175Y amended
Section 175Y(b) is amended by deleting "writs for a general
election are" and inserting instead --
" writ for a general election is ".
20 21. Section 191A amended
Section 191A(4) is amended in the definition of "relevant
period" by deleting "warrant for the issue of the writs" and
inserting instead --
" writ ".
page 12
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 22
22. Constitution Act 1889 amended
Section 13 of the Constitution Act 1889* is amended by deleting
"that any of the writs of election not exceeding 5 shall not have
been returned, or".
5 [* Reprinted as at 1 March 1993.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 45-6.]
23. Constitution Acts Amendment Act 1899 amended
Section 8(6) of the Constitution Acts Amendment Act 1899* is
10 amended by deleting "writs" and inserting instead --
" a writ ".
[* Reprinted as at 15 April 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 49-50.]
15 24. Public Sector Management Act 1994 amended
Section 72(1)(b) of the Public Sector Management Act 1994* is
amended by deleting "writs" and inserting instead --
" writ ".
[* Reprinted as at 26 March 1999.
20 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 203-4.]
25. Referendums Act 1983 amended
(1) The amendments in this section are to the Referendums
Act 1983*.
25 [* Reprinted as at 21 January 2000.]
(2) Section 2(1) is amended by deleting the definition of "Clerk of
the Writs".
page 13
Electoral Amendment Bill 2000
Part 2 Amendments about writs
s. 26
(3) Section 4(1) is amended by deleting ", by warrant under his
hand, direct the Clerk of the Writs to issue a writ" and inserting
instead --
" cause a writ to be issued ".
5 (4) Section 4(2) is amended as follows:
(a) by deleting "warrant" and inserting instead --
" writ ";
(b) by inserting after "published" --
" by the Electoral Commissioner ".
10 (5) Section 4(3) is repealed.
(6) Section 8(a) is amended as follows:
(a) by deleting ", by his warrant under section 4(1), direct
the Clerk of the Writs to attach to the writ" and inserting
instead --
15 " cause ";
(b) by deleting "and the Clerk of the Writs shall give effect
to that direction" and inserting instead --
" to be attached to the writ ".
26. Salaries and Allowances Act 1975 amended
20 Section 11A(5) of the Salaries and Allowances Act 1975* is
amended as follows:
(a) by deleting "writs for a general or" and inserting
instead --
" writ for a general election or writs for a ";
25 (b) by deleting "those" and inserting instead --
" the writ or ".
[* Reprinted as at 26 April 1994.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 224.]
page 14
Electoral Amendment Bill 2000
Amendments about writs Part 2
s. 27
27. Tobacco Control Act 1990 amended
Section 26(6) of the Tobacco Control Act 1990* is amended by
deleting "writs" and inserting instead --
" writ ".
5 [* Act No. 104 of 1990.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 250.]
page 15
Electoral Amendment Bill 2000
Part 3 Amendments about Registrars, enrolment and rolls
s. 28
Part 3 -- Amendments about Registrars,
enrolment and rolls
28. Various provisions as to Registrars and their functions
amended
5 (1) Amendments are made as set out in the Table to this subsection.
Table of amendments
s. 4(1) Delete the definition of "Registrar".
s. 6(1) Delete "Registrars", insert instead --
" enrolment officers ".
s. 6(2) Delete "a Registrar", insert instead --
" an enrolment officer ".
Delete "appointed Registrar", insert instead --
" appointed as an enrolment officer ".
s. 7 Delete "Registrar or" in both places.
s. 8 Repeal the section.
s. 11 Repeal the section.
s. 20 Repeal the section.
s. 31(2)(b) Delete "Registrar of a district or sub-district", insert
instead --
" Electoral Commissioner or an
enrolment officer
".
s. 31A(3) Delete "Registrar for the district or sub-district for
which that person is enrolled to remove the name of
the person", insert instead --
" name of the person to be removed ".
s. 31B(2)(b) Delete "a Registrar", insert instead --
" the Electoral Commissioner ".
s. 32 Repeal the section.
s. 33 Repeal the section.
s. 36 Repeal the section.
page 16
Electoral Amendment Bill 2000
Amendments about Registrars, enrolment and rolls Part 3
s. 28
s. 37 After "prepared" insert --
" by enrolment officers ".
s. 39 After "prepared" insert --
"
, by enrolment officers under the
supervision of the Electoral
Commissioner,
".
s. 40(2) Delete "Registrar for the district for which the roll is
being prepared", insert instead --
"
enrolment officer preparing a roll for a
district
".
s. 41 Delete "the Registrars", insert instead --
" enrolment officers ".
s. 42(c) Delete the paragraph, insert instead --
"
(c) is to be sent to the Electoral
Commissioner who shall
cause the claim, and any
request lodged with it under
section 51B(1), to be
referred to and recorded by
an enrolment officer (in this
Division and section 47
called "the enrolment
officer").
".
s. 44A(2) Delete "filed in the Registrar's office under
section 32".
page 17
Electoral Amendment Bill 2000
Part 3 Amendments about Registrars, enrolment and rolls
s. 28
s. 45(1) Delete "Registrar of the district or sub-district for
which he is entitled to be enrolled", insert instead --
" Electoral Commissioner ".
s. 45(2) Delete "Registrar of the district or sub-district", insert
instead --
" Electoral Commissioner ".
s. 45(4) Delete the subsection, insert instead --
"
(4) The Electoral Commissioner or the
enrolment officer shall issue a
receipt to an elector for each claim
received from the elector.
".
s. 45(5) Delete "Registrar keeping the roll on which the
person claims to be enrolled", insert instead --
"
Electoral Commissioner for enrolment
on the relevant roll
".
s. 45(6) Delete "Registrar keeping the roll on which the
person is enrolled", insert instead --
" Electoral Commissioner ".
s. 48(2)(a) Delete "Registrar", insert instead --
and (b) " Electoral Commissioner ".
s. 48(2) After paragraph (b) insert --
"
(ba) The Electoral Commissioner
shall cause the objection to be
referred to an enrolment officer.
".
page 18
Electoral Amendment Bill 2000
Amendments about Registrars, enrolment and rolls Part 3
s. 28
s. 51(1) Repeal the subsection, insert instead --
"
(1) If the name of the same person
appears more than once on the same
roll, or on more than one district
roll, the Electoral Commissioner is
to cause all but the latest enrolled
name to be removed.
".
s. 51AA(1) Delete "remove the name of that elector", insert
instead --
"
cause the name of that elector to be
removed
".
s. 51B(2) Delete "Registrar keeping the roll", insert
instead --
" Electoral Commissioner ".
After "on the roll" insert --
"
and the Electoral Commissioner is to
cause the request to be referred to an
enrolment officer
".
s. 51B(4)(b) Delete "made", insert instead --
" referred ".
s. 51B(5) Delete "a Registrar", insert instead --
" an enrolment officer ".
s. 51B(7) Delete "A Registrar for a district or sub-district",
insert instead --
" An enrolment officer ".
Delete "the roll for that district or sub-district", insert
instead --
" a roll ".
page 19
Electoral Amendment Bill 2000
Part 3 Amendments about Registrars, enrolment and rolls
s. 28
s. 54 Delete "Registrar", insert instead --
" person ".
s. 60(1) After "ascertained" insert --
" and removed from the rolls ".
s. 60(2) Repeal the subsection.
s. 62A(1), Delete "a Registrar", insert instead --
(2) and (4) " an enrolment officer ".
s. 62A(3) Repeal the subsection.
s. 90(1a)(c) Delete "or the Registrar for any district".
s. 112(1) Delete "the Registrar shall provide".
Delete "with a roll", insert instead --
" shall cause a roll to be provided ".
s. 122A Delete subparagraph (i) and "and" after it, insert
(1)(a) instead --
"
(i) a duly completed claim for the
enrolment of the person in respect of
the region of which the district
forms part, or the district, was
received under section 42 before the
close of the roll for the election; and
".
s. 155(1) Delete "or Registrar".
s. 156(15)(b) Delete "remove, or direct the Registrar to remove, the
name of that person", insert instead --
"
cause the name of that person to be
removed
".
s. 194 Delete "Registrar" in both places, insert instead --
" Electoral Commissioner ".
s. 208(b) Delete "or the Registrar".
page 20
Electoral Amendment Bill 2000
Amendments about Registrars, enrolment and rolls Part 3
s. 29
(2) In each place listed in the Table to this subsection "Registrar" is
deleted and the following is inserted instead --
" enrolment officer ".
Table of provisions amended
s. 40(3) and (4)
s. 44(2) and (3)
s. 44A(2) (in each of the 4 places), (3), (4) and (5)
s. 46(1), (2) and (3)
s. 47(1), (3) and (3)(a), (b), (ba) (in both places), (c) (in both
places), (d), (e), (f) and (g) (in each place)
s. 48(1)(b) (in the second place), (2)(c), (d), (e)(iii) and (f) and
(3)(a), (b), (ba) (in both places), (c) (in both places), (d) and (e)
s. 51B(4) (in both places), (5) (in the second place) and (7) (in the
second and third places)
s. 62A(1) (in the second place), (2) (in the second place) and
(4) (in the second and third places)
s. 195(1)
5 (3) In each place listed in the Table to this subsection "the
Registrar" is deleted and the following is inserted --
" an enrolment officer ".
Table of provisions amended
s. 48(1)(b) (in the first place)
s. 48(3) (in the first place)
s. 49(1)
s. 52(1)
s. 122A(1)(a)(ii)
29. Various provisions as to arrangements with the
10 Commonwealth amended
Amendments are made as set out in the Table to this section.
page 21
Electoral Amendment Bill 2000
Part 3 Amendments about Registrars, enrolment and rolls
s. 30
Table of amendments
s. 31(2)(a) Delete "Electoral Registrar", insert instead --
" Assistant Divisional Returning Officer ".
s. 31(6) Delete "4 of the Australian Electoral Office
Act 1973", insert instead --
"
20 of the Commonwealth Electoral
Act 1918
".
s. 31B(2)(c) Delete "46A", insert instead --
and (3) " 104 ".
s. 46(1)(b) Delete "Office (within the meaning of section 4 of
the Australian Electoral Office Act 1973 of the
Commonwealth Parliament)", insert instead --
"
Commission established by section 6
of the Commonwealth Electoral
Act 1918
".
Delete "office", insert instead --
" Commission ".
30. Section 25 replaced
Section 25 is repealed and the following section is inserted
instead --
5 "
25. Inspection and purchase of rolls
(1) The Electoral Commissioner is to make rolls available,
in any form the Electoral Commissioner thinks fit, for
inspection by the public, without fee, at the office of
10 the Electoral Commissioner.
page 22
Electoral Amendment Bill 2000
Amendments about Registrars, enrolment and rolls Part 3
s. 31
(2) Copies of rolls in printed form and in any other form
the Electoral Commissioner thinks fit are to be
available for purchase by the public at the office of the
Electoral Commissioner.
5 (3) The Electoral Commissioner may also make rolls or
information on rolls available, in any form the
Electoral Commissioner thinks fit, for inspection and
purchase at any other place or in any other manner
determined by the Electoral Commissioner.
10 (4) If by virtue of section 51B information is not shown on
a roll, that information is not to be made available
under this section.
".
31. Sections 17 and 119 amended
15 (1) Section 17(2) is amended by deleting "section" and inserting
instead --
" sections 145(7) and ".
(2) Section 119(1) is amended by deleting "section 172" and
inserting instead --
20 " sections 145(7) and 172(1)(c) ".
page 23
Electoral Amendment Bill 2000
Part 4 Amendments about nominations
s. 32
Part 4 -- Amendments about nominations
32. Section 70 amended
Section 70 is amended by inserting after "fixed" --
" as the last day ".
5 33. Section 78 amended
Section 78(1) is amended as follows:
(a) by deleting "the prescribed form" and inserting
instead --
" a form approved by the Electoral Commissioner ";
10 (b) after paragraph (a) by inserting --
" and ";
(c) at the end of paragraph (b) by deleting "; and" and
inserting a full stop instead;
(d) by deleting paragraph (c).
15 34. Section 81A inserted
After section 81 the following section is inserted --
"
81A. Centralised nomination procedure
(1) In this section --
20 "party nomination" means the nomination for an
election of a candidate publicly recognised by a
particular registered political party as being an
endorsed candidate of that party.
(2) A party nomination is to be regarded as having been
25 made in accordance with sections 79 and 81 if --
(a) it contains a declaration by the secretary of the
registered political party that the candidate is
publicly recognised by the party as being an
endorsed candidate of the party;
page 24
Electoral Amendment Bill 2000
Amendments about nominations Part 4
s. 34
(b) it is received by the Electoral Commissioner
after the issue of the writ and not later than
24 hours before the hour of nomination; and
(c) not later than 24 hours before the hour of
5 nomination, the required deposit (or an amount
that includes that deposit) for the purposes of
section 81(1)(b) is lodged with the Electoral
Commissioner on behalf of the candidate in
money or by a cheque drawn by a bank on itself
10 and payable to the Electoral Commissioner.
(3) Nothing in this section prevents a party nomination
from being made in accordance with sections 79
and 81.
(4) If 2 or more party nominations for an election in a
15 region are made in accordance with subsection (2), a
claim under section 80(1) may be made to the Electoral
Commissioner together with the nominations.
(5) If a party nomination has been made in accordance
with subsection (2), the Electoral Commissioner is
20 to --
(a) give the secretary of the registered political
party a notice acknowledging receipt by the
Electoral Commissioner of the candidate's
nomination and the deposit lodged on behalf of
25 the candidate; and
(b) send to the Returning Officer, as soon as
practicable before the hour of nomination --
(i) a facsimile of the nomination paper;
(ii) advice that the required deposit for the
30 purposes of section 81(1)(b) has been
lodged with the Electoral Commissioner
on behalf of the candidate; and
page 25
Electoral Amendment Bill 2000
Part 4 Amendments about nominations
s. 35
(iii) details of any claim under section 80(1)
made under subsection (4).
".
35. Section 83 amended
5 Section 83 is amended by inserting after "Officer" --
" or Electoral Commissioner receiving it ".
36. Section 84 amended
(1) Section 84(1) is amended by inserting after "returned" the
following --
10 " in accordance with subsection (3) or (4) ".
(2) Section 84(2) is repealed and the following subsections are
inserted instead --
"
(2) On the death of a candidate before polling day, or on
15 polling day before the close of the poll, the deposits
made by or on behalf of that candidate and the other
candidates shall be returned in accordance with
subsection (3) or (4).
(3) If a candidate was nominated under subsection 81A(2)
20 the deposit (or an amount that includes the deposit)
shall be returned to the person who paid it, or to a
person authorised in writing by the person who paid it.
(4) In all other cases, the deposit shall be returned to the
candidate, or to a person authorised in writing by the
25 candidate or, if the candidate is dead, to the candidate's
legal representative.
".
page 26
Electoral Amendment Bill 2000
Amendments about nominations Part 4
s. 37
37. Section 85 replaced
Section 85 is repealed and the following section is inserted
instead --
"
5 85. Place of declaration of nominations and hour of
nomination
(1) The Electoral Commissioner is to appoint a place as the
place of declaration of nominations for an election for
the purposes of section 86 or 87, as the case may be.
10 (2) The hour of nomination for an election is 6 p.m. on the
last day for the nomination of candidates.
".
38. Various provisions amended
The provisions listed in the Table to this section are amended by
15 deleting "place of nomination" in each place where it occurs
and inserting instead --
" place of declaration of nominations ".
Table of provisions amended
s. 86(1a) and (2a)(a)
s. 87(2), (5)(a) and (6)(a)
s. 87A(1)
39. Section 86 amended
20 Section 86(2) is amended by inserting after "him" --
" under section 81 or 81A(5)(b) ".
40. Section 87 amended
Section 87(3) is amended by inserting after "him" --
" under section 81 or 81A(5)(b) ".
page 27
Electoral Amendment Bill 2000
Part 4 Amendments about nominations
s. 41
41. Section 113D amended
(1) Section 113D is amended by inserting before "Where" the
subsection designation "(1)".
(2) At the end of section 113D the following subsection is
5 inserted --
"
(2) This section does not affect the operation of
section 81A.
".
page 28
Electoral Amendment Bill 2000
Amendments about early voting Part 5
s. 42
Part 5 -- Amendments about early voting
42. Section 4 amended
Section 4(1) is amended by inserting in the appropriate
alphabetical position --
5 "
"early ballot paper" means a ballot paper issued
under section 90 and "early vote" has a
corresponding meaning;
".
10 43. Section 90 amended
(1) After section 90(1)(d) the following paragraphs are inserted --
"
(da) will be precluded from attending to vote during
the hours of polling at any polling place open in
15 the State because the elector will be caring for a
person who is seriously ill or infirm or who is
expected shortly to give birth;
(db) is an elector whose residence is not shown on
the roll because a request under section 51B has
20 been granted;
".
(2) Section 90(1a) is amended by deleting "Where the elector is
either within or outside the State at the time he makes an
application for a postal ballot paper, he may make the
25 application" and inserting instead --
"
An elector may make an application for an early ballot
paper
".
page 29
Electoral Amendment Bill 2000
Part 5 Amendments about early voting
s. 43
(3) Section 90(3) is amended by inserting after "writing" --
"
and, if made in writing, may be made whether the
elector is within or outside the State at the time of
5 applying
".
(4) Section 90(3e) is amended by deleting "a postal ballot" and
inserting instead --
" an early ballot ".
10 (5) Section 90(4aa) is amended by inserting after "officer" --
" under subsection (4)(c)(i) or (4b)(a) ".
(6) Section 90(4b) is repealed and the following subsection is
inserted instead --
"
15 (4b) Where an oral application for an early ballot paper is
made to an issuing officer and the issuing officer is
satisfied that the application is properly made, the
issuing officer shall deliver to the elector --
(a) an early ballot paper printed under the authority
20 of the Electoral Commissioner in the form
prescribed by the regulations and initialled by
the issuing officer and a declaration in the form
so prescribed; and
(b) the envelopes specified in subsection (4)(c)(ii)
25 and (iii),
and make a record of the name of the elector and of
such other particulars as are prescribed.
".
(7) Section 90(7a) is amended by deleting "an application" and
30 inserting instead --
" a written application ".
page 30
Electoral Amendment Bill 2000
Amendments about early voting Part 5
s. 44
(8) Section 90(7)(b) and (8)(a) are amended by deleting "vote by
post" and inserting instead --
" an early ballot paper ".
(9) Section 90(11) is amended by deleting "a postal ballot" and
5 inserting instead --
" an early ballot ".
(10) Section 90(13) is amended by deleting "The" and inserting
instead --
" Notwithstanding anything in this section, the ".
10 44. Section 92 amended
(1) Section 92(5)(a) and (b) are repealed and the following
paragraphs are inserted instead --
"
(a) If an elector ("the elector") cannot read or
15 write or is so disabled as to be unable to vote
without assistance, another elector appointed by
the elector (being an elector who is not a
candidate at the election) may, according to the
directions of the elector, do for the elector any
20 act required or authorised by subsection (2), (4)
or (4a).
(b) An elector appointed under paragraph (a) is to
state in the declaration his full name and
address and the fact that he has been appointed
25 by the elector to mark the ballot paper for the
elector.
(ba) Without limiting paragraph (a), if the elector
completes the declaration but is so disabled as
to be unable to vote without assistance the
30 authorised witness may, according to the
directions of the elector, mark the ballot for the
page 31
Electoral Amendment Bill 2000
Part 5 Amendments about early voting
s. 44
elector and do for the elector any other act
required or authorised by subsection (2)(d) or
(e), (4) or (4a).
".
5 (2) Section 92(5)(c) is amended by deleting "A" and inserting
instead --
" Subject to paragraph (a), a ".
(3) Section 92(6) is repealed and the following subsection is
inserted instead --
10 "
(6) An elector to whom an early ballot paper has been
issued is not entitled to vote at any polling place unless
the early ballot paper has been delivered to the
presiding officer for cancellation, but if the elector
15 claims not to have received the early ballot paper, the
elector may be permitted to vote after making a
declaration in the prescribed form before the presiding
officer at the polling place.
".
20 (4) Section 92(7) is amended as follows:
(a) by deleting "locked and";
(b) by deleting "8 a.m. on the polling day, until" and
inserting instead --
" the time when ".
25 (5) Section 92(8) is amended as follows:
(a) by deleting "after the commencement of the poll or as
soon as practicable after the close" and inserting
instead --
"
30 not earlier than 72 hours before the commencement
";
page 32
Electoral Amendment Bill 2000
Amendments about early voting Part 5
s. 45
(b) by deleting "manner prescribed by the regulations" and
inserting instead --
" the prescribed manner ".
(6) Section 92(9)(a) is amended by inserting after "issued" --
5 " or a person appointed under subsection (5)(a) ".
(7) Section 92(10)(a) is amended by deleting "A postal" and
inserting instead --
" An early ".
(8) After section 92(11) the following subsection is inserted --
10 "
(12) At any time after an envelope containing an early ballot
paper has been dealt with in accordance with --
(a) the regulations made for the purposes of
subsection (8); or
15 (b) subsection (10),
an officer or officers referred to in subsection (8) may,
in the prescribed manner, open the envelope and deal
with the ballot paper in it.
".
20 45. Section 93 amended
After section 93(1)(a) the following paragraphs are inserted --
"
(aa) who is, by reason of caring for a person who is
seriously ill or infirm, precluded from attending
25 at a polling place;
page 33
Electoral Amendment Bill 2000
Part 5 Amendments about early voting
s. 46
(ab) whose residence is not shown on the roll
because a request under section 51B has been
granted;
".
5 46. Section 211 amended
After section 211(3) the following subsection is inserted --
"
(4) A certificate referred to in subsection (2) is not
required in relation to a declaration completed under
10 section 92(5)(a).
".
47. Consequential amendments
(1) The provisions listed in the Table to this subsection are
amended by deleting "postal", in each place where it occurs,
15 and inserting instead --
" early ".
Table of provisions amended
s. 88(2)(b)(i)
s. 90(1a)(d) and (13)(a)
s. 92(1), (2)(a) and (c), (7), (8), (10)(b) and (11)
s. 93(1) and (2)
s. 95(2) and (8)(b), (c) and (d)
s. 98
s. 99B(2) and (3)
s. 142A(1), (2), (3) and (4)
s. 151(d)
s. 181(d) and (e)
page 34
Electoral Amendment Bill 2000
Amendments about early voting Part 5
s. 47
(2) The provisions listed in the Table to this subsection are
amended by deleting "a postal", in each place where it occurs,
and inserting instead --
" an early ".
5 Table of provisions amended
s. 90(1), (3), (3a), (3c), (3d), (4)(c)(i), (5),
(5)(a) and (b), (6), (7), (7a), (8)(a) and
(b), (9), (10) and (13)(b)
s. 92(4b), (4c) and (9)
s. 93(4)
s. 95(1a), (3), (4), (8)(a) and (9)
s. 97
s. 139(a)
(3) The provisions listed in the Table to this subsection are
amended by deleting "the postal" and inserting instead --
" the early ".
Table of provisions amended
s. 90(3c)
s. 92(4c), (9) and (10)(a)
10 (4) The provisions listed in the Table to this subsection are
amended by deleting "a postal vote", in each place where it
occurs, and inserting instead --
" an early ballot paper ".
Table of provisions amended
s. 90(3b), (3e)(a)(i), (11) and (12)
s. 95(1)
15 (5) The heading to Part IV Division (3)(i) is amended by deleting
"Postal" and inserting instead --
" Early ".
page 35
Electoral Amendment Bill 2000
Part 5 Amendments about early voting
s. 48
(6) Section 95(2) is amended by deleting "or any authorized witness
requested".
(7) Section 95(6a) is amended by deleting "An elector appointed or
an authorized witness requested" and inserting instead --
5 " A person appointed ".
(8) The provisions listed in the Table to this subsection are
amended by deleting "post" and inserting instead --
" early vote ".
Table of provisions amended
s. 95(5), (6) and (8)(e)
s. 122(3)
s. 144(1)(b)(i), (2)(b)(i) and (4)(b)
10 (9) Sections 99B(1) and 144(2)(d)(i) are amended by deleting
"postal vote" and inserting instead --
" early ".
48. Referendums Act 1983 amended
(1) The amendments in this section are to the Referendums
15 Act 1983*.
[* Reprinted as at 21 January 2000.]
(2) Section 19(a) is amended by deleting "a postal" and inserting
instead --
" an early ".
20 (3) Section 30(1) and (4) are amended by deleting "postal" and
inserting instead --
" early ".
page 36
Electoral Amendment Bill 2000
Amendments about polling places Part 6
s. 49
Part 6 -- Amendments about polling places
49. Section 100 amended
(1) Section 100(1)(a) and (b) are deleted and the following
paragraph is inserted instead --
5 "
(a) appoint such polling places for regions and
districts as the Electoral Commissioner
considers necessary;
".
10 (2) Section 100(1)(i) is amended by deleting "or (b) or under
subsection (3)".
(3) Section 100(3) is repealed and the following subsections are
inserted instead --
"
15 (3) If a polling place is appointed under subsection (1) for
all regions, or all districts, for the purposes of a general
election, that polling place is referred to as a "general
polling place".
(3a) The Electoral Commissioner may, in relation to a
20 general polling place, perform the functions of the
Returning Officers for the regions, or districts, under
the provisions listed in the Table to this subsection.
Table of provisions
section 102 section 112(3)
section 105(1) section 115(1a)
section 106(2) section 116
section 107(1) section 132
section 110 section 141(4)
page 37
Electoral Amendment Bill 2000
Part 6 Amendments about polling places
s. 50
(3b) References in this Act to the Returning Officer may be
read as references to the Electoral Commissioner where
necessary for the purposes of subsection (3a).
".
5 50. Section 112 amended
After section 112(3) the following subsection is inserted --
"
(4) The Electoral Commissioner shall cause copies of the
rolls to be delivered to the presiding officer at each
10 general polling place.
".
51. Section 142A amended
(1) Section 142A(1) is amended by inserting after
"Commissioner," --
15 " votes cast at general polling places, ".
(2) Section 142A(2) and (3) are amended by inserting after "on
the" --
" ballot papers used for voting at general polling places, ".
(3) Section 142A(4) is amended by inserting after "on such" --
20 " ballot papers used for voting at general polling places, ".
52. Section 144 amended
(1) Section 144(1)(b)(i) and (2)(b)(i) are amended by inserting
before "absent" --
" persons voting at general polling places, ".
25 (2) Section 144(2)(d)(i) is amended by inserting before "absent" --
" ballot papers used for voting at general polling places, ".
(3) Section 144(4)(b) is amended by inserting before "absent" --
" ballot papers used for voting at general polling places or ".
page 38
Electoral Amendment Bill 2000
Amendments about polling places Part 6
s. 53
53. Referendums Act 1983 amended
(1) The amendments in this section are to the Referendums
Act 1983*.
[* Reprinted as at 21 January 2000.]
5 (2) Section 18 is amended by inserting before "100A" --
" 100(3) to (3b), ".
(3) Section 30(1) is amended by inserting after "27(1)(d) and" --
"
the ballot papers used for voting at general polling
10 places, within the meaning of section 100(3) of the
Electoral Act 1907,
".
(4) Section 30(4)(b) is amended by inserting after "on any" --
"
15 ballot papers used for voting at general polling places,
within the meaning of section 100(3) of the Electoral
Act 1907,
".
page 39
Electoral Amendment Bill 2000
Part 7 Amendments about vacancies in the Legislative Council
s. 54
Part 7 -- Amendments about vacancies in the
Legislative Council
54. Section 156A amended and consequential amendments
(1) Section 156A(1) is amended by deleting the definition of "most
5 recent election in the region" and inserting instead --
"
"original election", in relation to a vacancy, means the
full election in the region in respect of which the
vacancy has occurred at which --
10 (a) the member in whose seat the vacancy has
occurred; or
(b) in a case where the member in whose seat
the vacancy has occurred was elected under
sections 156C and 156D or under
15 section 156E, the member who was the
predecessor (whether immediate,
intermediate, or original) of that member,
was elected;
".
20 (2) The provisions listed in the Table to this subsection are amended
by deleting "most recent election in the region", in each place
where it occurs, and inserting instead --
" original election ".
Table of provisions amended
s. 156A(1), paragraph (a) of the definition of "qualified person"
s. 156C(2)
s. 156D(4)
s. 156D(14)
page 40
Electoral Amendment Bill 2000
Amendments about vacancies in the Legislative Council Part 7
s. 55
55. Constitution Acts Amendment Act 1899 amended
After section 10(2) of the Constitution Acts Amendment
Act 1899* the following subsection is inserted --
"
5 (3) The provisions of this Act and the Electoral Act 1907
as to the occurrence and filling of vacancies in the seats
of members of the Council extend, with any
appropriate modifications, to cases where --
(a) a person has been elected as a member but the
10 term of office for which the person was elected
has not begun; or
(b) the election of a person as a member is void
and the term of office for which the person
would have been elected, if the election had not
15 been void, would have begun on 22 May next
following the election.
".
[* Reprinted as at 15 April 1999.
For subsequent amendments see 1999 Index to Legislation of
20 Western Australia, Table 1, pp. 49-50.]
56. Salaries and Allowances Act 1975 amended
Section 6(5b) of the Salaries and Allowances Act 1975* is
amended as follows:
(a) in paragraph (a), by inserting after "before the general
25 election" --
"
or is declared elected under section 156D of the
Electoral Act 1907 to complete the unexpired
portion of a term of office ending on that
30 22 May
";
page 41
Electoral Amendment Bill 2000
Part 7 Amendments about vacancies in the Legislative Council
s. 56
(b) in paragraph (b), by inserting after "before the fresh
election" --
"
or is declared elected under section 156D of the
5 Electoral Act 1907 to complete the unexpired
portion of a term of office ending on that
22 May
".
[* Reprinted as at 26 April 1994.
10 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 224.]
page 42
Electoral Amendment Bill 2000
Amendments about political finance Part 8
s. 57
Part 8 -- Amendments about political finance
57. Part VI heading replaced
The heading to Part VI is deleted and the following heading is
inserted instead --
5 "
Part VI -- Disclosure of gifts, income
and expenditure
".
58. Section 175 amended
10 In section 175, after paragraph (e) of the definition of "electoral
expenditure", the following paragraph is inserted --
"
(ea) the production and distribution of electoral
matter that is addressed to particular persons
15 or organisations and is distributed during the
election period;
".
59. Section 175E amended
Section 175E(4) is amended by deleting "the hour of
20 nomination for" and inserting instead --
" 6 p.m. on the day before polling day in ".
60. Section 175ZF amended
After section 175ZF(1)(a) the following paragraphs are
inserted --
25 "
(aa) requiring the agent of a political party to lodge
returns or other information identifying any
entity that is or has been an associated entity in
relation to that political party;
page 43
Electoral Amendment Bill 2000
Part 8 Amendments about political finance
s. 60
(ab) requiring the agent of a political party to lodge
a return setting out additional information as
prescribed where section 175N(5)(a) or (b)
applies in respect of a return lodged in relation
5 to the political party;
(ac) imposing such requirements as are necessary to
ensure that the provisions of this Part as to the
lodgment of returns in relation to a political
party are complied with even if the political
10 party ceases to exist;
".
page 44
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 61
Part 9 -- Amendments about the registration of
political parties
61. Section 4 amended
In section 4(1), the following definitions are inserted in the
5 appropriate alphabetical positions --
"
"constitution", in relation to a political party, means a
written set of principles and rules (however
described) under which the party is governed;
10 "political party" means --
(a) a body corporate or other body or organisation
(not being a body corporate or other body or
organisation described in paragraph (b))
having a constitution that specifies as one of
15 the objects or activities of the body or
organisation the promotion of the election to
the Parliament of this State of a candidate or
candidates endorsed by it or by a body or
organisation that forms part of it; or
20 (b) the branch or division for this State of a body
corporate or other body or organisation
which --
(i) is organised on a basis that includes this
State and another State or Territory or
25 other States or Territories;
(ii) has a branch or division for this State; and
(iii) has a constitution that specifies as one
of the objects or activities of the body or
organisation the promotion of the
30 election to the Parliament of this State
of a candidate or candidates endorsed by
it or by a body or organisation that
forms part of it;
page 45
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
"registered political party" has the meaning given by
section 62C;
"secretary", in relation to a political party, means the
person who holds the office of secretary or chief
5 administrative officer (however described) of the
party;
".
62. Part IIIA inserted
After Part III the following Part is inserted --
10 "
Part IIIA -- Registration of political parties
62B. Scope of Part
This Part sets out the way in which certain political
parties may become registered for various purposes
15 under this Act.
62C. Definitions and interpretation
(1) In this Part --
"election period", in relation to an election, means the
period commencing on the day of issue of the writ
20 for the election and ending on the last day for the
return of the writ;
"eligible political party" means --
(a) a parliamentary party; or
(b) a political party that has at least
25 500 members who are electors;
"member", in relation to a political party, includes a
person who is a member of a related political
party;
page 46
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
"parliamentary party" means a political party of
which at least one member is a member of the
Assembly or the Council;
"register of political parties" means the register kept
5 under section 62D;
"registered political party" means a political party
that is registered in the register of political parties;
"related political party" has the meaning given by
subsection (2).
10 (2) For the purposes of this Part, 2 political parties are
related political parties if --
(a) one is a part of the other; or
(b) both are parts of the same political party.
(3) For the purposes of this Part, if the Assembly has
15 expired or been dissolved, a reference to a member of
the Assembly is a reference to a person who was a
member of it immediately before it expired or was
dissolved.
62D. Register of political parties
20 (1) The Electoral Commissioner is to keep a register
containing the names of, and other information and
documents related to, political parties registered under
this Part.
(2) Subject to this Part, the register is to be kept in the
25 form and way that the Electoral Commissioner
considers appropriate.
(3) The register is called the register of political parties.
62E. Applications for registration
(1) An application for registration of a political party is to
30 be made in accordance with this section.
page 47
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
(2) The application can only be made for the registration of
an eligible political party.
(3) The application is to be made by the secretary of the
party.
5 (4) The application is to be made to the Electoral
Commissioner in a form approved by the Electoral
Commissioner for the purposes of this section, and is
to --
(a) state a name for the political party;
10 (b) if the political party wishes to use an
abbreviation of its name on ballot papers for
elections -- set out the abbreviation;
(c) set out the name and address of the secretary of
the political party;
15 (d) if the application is for a parliamentary party --
set out the name of one member of the party
who is a member of the Assembly or the
Council;
(e) if the application is for a party that is not a
20 parliamentary party -- set out the names and
addresses of at least 500 members of the party
who are electors;
(f) be accompanied by a copy of the party's
constitution; and
25 (g) set out any other prescribed information and be
accompanied by a copy of any other prescribed
document.
(5) Applications for registration of political parties are to
be determined in the order in which they are received
30 by the Electoral Commissioner.
page 48
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
62F. Variation of application
(1) Where, after initial consideration of an application for
the registration of a political party, the Electoral
Commissioner is of the opinion that the application has
5 to be refused but that the applicant might be prepared
to vary the application in such a way that it would not
have to be refused, the Electoral Commissioner is to
give the applicant written notice of that opinion, setting
out the reasons for that opinion and the terms of
10 subsections (2) and (3).
(2) Where notice is given under subsection (1) in relation
to an application, the Electoral Commissioner is not
required to give further consideration to the application
unless and until notice is lodged under subsection (3).
15 (3) Within one month after notice is given under
subsection (1) in relation to an application for the
registration of a political party, the applicant may lodge
with the Electoral Commissioner a written request,
signed by the applicant, to --
20 (a) vary the application in a manner specified in
the request; or
(b) proceed with the application in the form in
which it was lodged,
and the Electoral Commissioner is to comply with the
25 request.
(4) If a request is made under subsection (3) to vary an
application, the application as varied is to be treated as
if it were a new application but, for the purposes of
section 62E(5), it is to be regarded as having been
30 received when the original application was received.
page 49
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
62G. Publication of notice of application
(1) As soon as practicable after an application is made to
the Electoral Commissioner, the Electoral
Commissioner is to publish a notice in relation to the
5 application in --
(a) the Gazette; and
(b) a newspaper circulating generally in the State.
(2) Subsection (1) does not apply if the Electoral
Commissioner gives a notice under section 62F(1)
10 unless and until a request is made under
section 62F(3)(b).
(3) The notice has to --
(a) set out any information included in the
application under section 62E(4)(a) to (d); and
15 (b) invite any elector who believes that the
application --
(i) is not in accordance with section 62E;
or
(ii) should be refused under section 62J,
20 to submit to the Electoral Commissioner, within
one month after the day of publication of the
Gazette notice, a statement under
subsection (4).
(4) The statement has to --
25 (a) set out in detail the grounds for the elector's
belief under subsection (3)(b);
(b) set out the elector's residential address and
postal address; and
(c) be signed by the elector.
page 50
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
(5) The Electoral Commissioner is to make the statement
available at the office of the Electoral Commissioner
and allow public inspection of the statement without
fee.
5 (6) Unless the Electoral Commissioner considers the
statement to be frivolous the Electoral Commissioner is
to give the applicant --
(a) a copy of the statement; and
(b) a notice inviting the applicant to give the
10 Electoral Commissioner a reply to the
statement within such reasonable period as is
specified in the notice.
(7) If the applicant gives the Electoral Commissioner a
reply within the period, the Electoral Commissioner is
15 to make the reply available at the office of the Electoral
Commissioner as soon as practicable and allow public
inspection of the reply without fee.
62H. Registration
(1) If the Electoral Commissioner, after considering all
20 statements and replies to the statements under
section 62G, is satisfied that the application complies
with the requirements of section 62E, then, subject to
subsection (3) and section 62J, the Electoral
Commissioner is to register the political party.
25 (2) Registration is effected by entering or otherwise
including in the register of political parties --
(a) the information set out in the application (other
than under section 62E(4)(e)); and
(b) any document accompanying the application as
30 required by section 62E(4)(f) and (g).
page 51
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
(3) The Electoral Commissioner is not to register the
political party or take any other action in relation to the
application during the election period in relation to an
election.
5 (4) The Electoral Commissioner is not to register a
political party other than in accordance with this
section.
(5) As soon as possible after registering the political party,
the Electoral Commissioner is to --
10 (a) give written notice of the registration to the
applicant;
(b) if any elector made a statement to the Electoral
Commissioner under section 62G in relation to
the application -- give written notice to the
15 elector stating that the party has been registered
and setting out why the reasons in the elector's
statement were rejected; and
(c) notify the party's registration by notice in the
Gazette.
20 62I. Registration of existing parliamentary parties
(1) Despite anything in sections 62E to 62H, on the
commencement of section 62 of the Electoral
Amendment Act 2000 any political party that is at that
time a parliamentary party becomes a registered
25 political party by operation of this subsection.
(2) The registration of a political party under
subsection (1) ceases to have effect at the end of the
period of 3 months from the day on which section 62 of
the Electoral Amendment Act 2000 commences unless,
30 within that period, the secretary of the political party
provides the Electoral Commissioner with the
information and documents referred to in
section 62E(4)(a), (b), (c), (f) and (g).
page 52
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
62J. Refusal of registration
(1) In this section --
"application name" means a name for a political
party, or the abbreviation of the name for a
5 political party, set out in the party's application for
registration;
"existing party" means another party --
(a) that is a parliamentary party;
(b) that is a registered political party; or
10 (c) at least one member of which is a member of
the Parliament of the Commonwealth;
"public body name" means the name, or an
abbreviation or acronym of the name, of a
prominent public body.
15 (2) The Electoral Commissioner may refuse to register a
political party if the Electoral Commissioner believes
on reasonable grounds that information set out in, or
documents required to accompany, the application are
incorrect.
20 (3) The Electoral Commissioner is to refuse to register a
political party if the party's application name --
(a) has more than 6 words;
(b) is obscene or offensive;
(c) is the name, or an abbreviation or acronym of
25 the name, of an existing party;
(d) so nearly resembles the name, or an
abbreviation or acronym of the name, of an
existing party that it is likely to be confused
with or mistaken for the name, abbreviation or
30 acronym;
page 53
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
(e) includes the word "royal" or the word
"independent"; or
(f) would otherwise be likely to cause confusion if
registered.
5 (4) Subsection (3)(c) or (d) does not apply if the existing
party is related to the party in respect of which the
application is made.
(5) The Electoral Commissioner may refuse to register a
political party if the party's application name --
10 (a) is a public body name; or
(b) so nearly resembles a public body name that it
is likely to be confused with or mistaken for the
public body name.
(6) If the Electoral Commissioner decides to refuse an
15 application, the Electoral Commissioner is to give the
applicant written notice of --
(a) the refusal; and
(b) the reasons for the refusal.
62K. Amendment of register
20 (1) An application may be made under this section to the
Electoral Commissioner for the amendment of the
information, or the replacement of documents, in the
register of political parties in relation to a registered
political party.
25 (2) The application has to be made in the form and way
approved by the Electoral Commissioner.
(3) The application is to be made by the secretary of the
party.
page 54
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
(4) If the application is to amend the register by --
(a) changing the name of the party to a name set
out in the application;
(b) if an abbreviation of the name of the party is
5 entered in the register, changing that
abbreviation to an abbreviation set out in the
application; or
(c) if an abbreviation of the name of the party is
not entered in the register, entering in the
10 register an abbreviation set out in the
application,
sections 62F, 62G, 62H and 62J apply to the
application under this section, subject to any necessary
changes, as if it were an application for registration of a
15 political party.
62L. Cancellation of registration
(1) The Electoral Commissioner may cancel the
registration of a political party at the written request of
the secretary of the party.
20 (2) The Electoral Commissioner may cancel the
registration of a political party if the Electoral
Commissioner is satisfied on reasonable grounds
that --
(a) the party no longer exists;
25 (b) the party is not a parliamentary party and does
not have at least 500 members who are electors;
(c) the candidates at a conjoint election held after
the registration of the party did not include at
least one candidate endorsed by the party;
30 (d) the registration was obtained by fraud or
misrepresentation; or
page 55
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
(e) a return required to be lodged under Part VI by
the agent of that political party has been
outstanding for more than 12 months.
(3) If the Electoral Commissioner proposes to cancel the
5 registration of a political party, other than because of
subsection (2)(d), the Electoral Commissioner is to --
(a) give written notice of the proposed cancellation
to the secretary of the party at the address
shown in the register;
10 (b) give notice of the proposed cancellation in --
(i) the Gazette; and
(ii) a newspaper circulating generally in the
State;
and
15 (c) include in the notice under paragraph (b) a
statement that persons may, within 14 days
after the Gazette notice is given, object to the
Electoral Commissioner in writing against the
proposed cancellation.
20 (4) The Electoral Commissioner is to consider any
objection made under subsection (3) before taking any
further action in relation to the cancellation.
(5) If the Electoral Commissioner decides to cancel the
registration of a political party, the Electoral
25 Commissioner is to --
(a) give notice of the cancellation and the reasons
for it to the secretary of the party;
(b) give notice of the cancellation in the Gazette;
(c) cancel the information in, and remove the
30 documents from, the register of political parties
relating to the political party; and
(d) retain the documents.
page 56
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 62
(6) During the election period in relation to an election, the
Electoral Commissioner is not to cancel the registration
of a political party other than because of
subsection (2)(d).
5 62M. Public access to register
(1) The Electoral Commissioner is to make the register of
political parties available at the office of the Electoral
Commissioner and allow public inspection of the
register without fee.
10 (2) As soon as practicable after the issue of a writ for an
election, the Electoral Commissioner is to publish in
the Gazette --
(a) a list of the names of all political parties
included in the register; and
15 (b) a list of the names of the secretaries of the
political parties.
62N. Review of decisions
(1) Any person affected by --
(a) a decision under section 62H to register a
20 political party;
(b) a decision under section 62J to refuse to
register a political party;
(c) decision under section 62L to cancel the
registration of a political party; or
25 (d) a decision to grant or refuse an application
under section 62K,
may apply for review of the decision.
(2) An application for review of a decision has to --
(a) be in writing;
30 (b) be made to the Supreme Court;
page 57
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 62
(c) be made within one month after the decision
comes to the notice of the applicant or such
further period as the Supreme Court allows; and
(d) set out the grounds on which review is sought.
5 (3) The Supreme Court is to review the decision and make
an order --
(a) confirming the decision;
(b) directing the Electoral Commissioner to vary
the decision; or
10 (c) directing the Electoral Commissioner to set
aside the decision and make a decision in
substitution as directed in the order.
(4) An order under subsection (3)(b) or (c) has effect
subject to the operation of sections 62H(3) and 62L(6).
15 (5) The Supreme Court is to be constituted by a single
Judge for the purposes of this section.
62O. False representation as to registration
Any person who, knowing that a political party is not
registered --
20 (a) makes any representation to the effect that the
party is registered; or
(b) publishes any document that indicates or
implies that the party is registered,
commits an offence.
25 Penalty: $1 500.
62P. Request to provide information
The Electoral Commissioner may request the secretary
of a political party, or a person who purports to be the
secretary of a political party, to provide the Electoral
page 58
Electoral Amendment Bill 2000
Amendments about the registration of political parties Part 9
s. 63
Commissioner with information of such nature, and in
such form, as the Electoral Commissioner considers
necessary for the performance of the functions
conferred by this Part.
5 62Q. Offences relating to information
(1) A person must not in an application under section 62E
or 62J, or in response to a request under section 62P,
make a statement or provide information that the
person knows to be false or misleading.
10 Penalty: $1 500.
(2) A person to whom a request is made under section 62P
must comply with the request.
Penalty: $1 500.
62R. Evidence by certificate
15 A certificate of the Electoral Commissioner as to --
(a) the nature or content of information or a
document in the register of political parties; or
(b) whether or not information or a document is in
the register of political parties,
20 is evidence of the matter stated.
".
63. Section 25A amended
Section 25A(6) is repealed and the following subsection is
inserted instead --
25 "
(6) In this section --
"parliamentary party" has the meaning given by
section 62C.
".
page 59
Electoral Amendment Bill 2000
Part 9 Amendments about the registration of political parties
s. 64
64. Section 113C amended
(1) Section 113C(1) is amended by inserting before "political" in
each place where it occurs --
" registered ".
5 (2) Section 113C(3)(c) is amended as follows:
(a) by deleting "an authorized officer of the" and inserting
instead --
" the secretary of the registered ";
(b) by deleting "an authorized officer of each" and inserting
10 instead --
" the secretary of each registered ".
(3) Section 113C(4) is repealed.
(4) Section 113C(5) is amended by inserting before "political" --
" registered ".
15 (5) Section 113C(8) and (9) are repealed.
(6) Section 113C(10) is amended by deleting the definitions of
"authorized officer" and "parliamentary party".
65. Section 175 amended
Section 175 is amended by deleting the definition of "political
20 party".
page 60
Electoral Amendment Bill 2000
Amendments about transmission of electoral matter Part 10
s. 66
Part 10 -- Amendments about transmission of
electoral matter
66. Section 4 amended
Section 4(1) is amended by deleting the definition of "telegraph
5 office".
67. Sections 142 and 142A amended
Sections 142(5) and 142A(3) are amended by deleting "by
telegraph".
68. Section 144 amended
10 Section 144(1)(b)(i) and (2)(b)(i) are amended by deleting
"written or telegraphic returns" and inserting instead --
" communications ".
69. Section 209 amended
(1) Section 209 is amended by inserting before "All" the subsection
15 designation "(1)".
(2) At the end of section 209 the following subsection is inserted --
"
(2) Subsection (1) applies whether or not this Act provides
that the electoral matter in question is to be transmitted
20 by post.
".
page 61
Electoral Amendment Bill 2000
Part 10 Amendments about transmission of electoral matter
s. 70
70. Section 210 replaced
Section 210 is repealed and the following section is inserted
instead --
"
5 210. Electronic communication of electoral matter
If this Act provides for electoral matter to be
transmitted by post but it is impracticable to transmit
the matter by post without undue delay, the matter may
be transmitted by electronic means.
10 ".
page 62
Electoral Amendment Bill 2000
General amendments Part 11
s. 71
Part 11 -- General amendments
71. Section 5F amended
After section 5F(1)(e) the following paragraphs are inserted --
"
5 (ea) may conduct elections or polls that are provided
for under any other written law if authorised to
do so under that written law or the regulations;
(eb) may make arrangements with any person for
the conduct by the Electoral Commissioner of
10 elections or polls not provided for under a
written law on such terms and conditions as are
agreed between the Electoral Commissioner
and that person;
".
15 72. Section 5G amended
(1) Section 5G is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 5G the following subsection is inserted --
"
20 (2) Nothing in subsection (1) is to be read as limiting the
ability of the Electoral Commissioner to act through
officers in the normal course of operations.
".
73. Section 99A amended
25 After section 99A(2) the following subsection is inserted --
"
(3) This section does not apply to a person who claims
to vote at a polling place at which there is a copy of
the roll for the district for which the person is
30 enrolled.
".
page 63
Electoral Amendment Bill 2000
Part 11 General amendments
s. 74
74. Section 103 repealed
Section 103 is repealed.
75. Section 122A amended
Section 122A(1) is amended by deleting "appointed for that
5 region or district and which is situated in the district in respect
of which he claims to be entitled to be so enrolled or which is
appointed for that district" and inserting instead --
" at which there is a copy of the roll ".
76. Section 126 amended and consequential amendments to
10 sections 122A and 150
(1) Section 126(1) is amended by deleting "strike out" and inserting
instead --
" make a record, in a prescribed manner, in respect of ".
(2) Section 126(2) is amended as follows:
15 (a) by deleting "mark" and inserting instead --
" record ";
(b) by deleting "whose name is so marked" and inserting
instead --
" in respect of whose name a record is so made ".
20 (3) Section 122A(1) is amended as follows:
(a) by deleting "his name has been struck out" and inserting
instead --
" a record has been made in respect of his name ";
(b) in paragraph (d), by deleting "whose name has been
25 struck out of " and inserting instead --
"
in respect of whose name a record has been
made on
".
page 64
Electoral Amendment Bill 2000
General amendments Part 11
s. 77
(4) Section 150(2) is amended by deleting "the names of the
electors who voted at the election have been marked in
accordance with the provisions of section 126" and inserting
instead --
5 "
records have been made under section 126 in respect of
the names of electors who voted at the election
".
77. Section 130 amended
10 (1) Section 130 is amended as follows:
(a) by inserting before "If " the subsection designation
"(1)";
(b) by deleting "destroy the spoilt ballot paper" and
inserting instead --
15 "
cancel the spoilt ballot paper by writing "spoilt" on the
back of it
".
(2) At the end of section 130 the following subsections are
20 inserted --
"
(2) Having cancelled a spoilt ballot paper the presiding
officer is to --
(a) place the ballot paper in an envelope, seal the
25 envelope and write on the envelope an
indication of the type of ballot paper enclosed
and that it is spoilt; and
(b) sign the envelope.
(3) The envelopes containing spoilt ballot papers cancelled
30 at a polling place are to be sealed up in a packet that is
to be given to the Returning Officer after the close of
the poll.
".
page 65
Electoral Amendment Bill 2000
Part 11 General amendments
s. 78
78. Section 187 amended
(1) Section 187 is amended as follows:
(a) by inserting before "In" the subsection designation
"(1)";
5 (b) by redesignating paragraphs (1), (2), (4) and (5) as
paragraphs "(a)", "(b)", "(c)" and "(d)" respectively.
(2) At the end of section 187 the following subsections are
inserted --
"
10 (2) Subsection (1)(a) and (b) do not apply in relation to --
(a) T-shirts, lapel buttons, lapel badges, pens,
pencils or balloons;
(b) business or visiting cards that promote the
candidacy of any person in an election;
15 (c) letters and cards --
(i) that bear the name and address of the
sender; and
(ii) that do not contain a representation or
purported representation of a ballot
20 paper for use in an election;
or
(d) an article included in a prescribed class of
articles.
(3) Nothing in subsection (2)(a), (b) or (c) is to be regarded
25 as limiting, by implication, the kind of regulations that
can be made for the purposes of subsection (2)(d).
".
79. Section 191A amended
Section 191A(4) is amended in the definition of "publish" by
30 inserting after "television" --
" or by electronic communication ".
page 66
Electoral Amendment Bill 2000
General amendments Part 11
s. 80
80. Miscellaneous amendments about ballot paper forms and
saving provision
(1) Amendments are made as set out in the Table to this subsection.
Table
s. 113(1) Repeal the subsection, insert instead --
"
(1) Ballot papers shall be in the
appropriate prescribed form.
".
s. 213(2) Repeal the subsection.
s. 213(3) Delete "pursuant to subsection (2)", insert instead --
" for the purposes of section 113(1) ".
Sch. 3 Repeal the Schedule.
5 (2) The repeal of Schedule 3 does not affect the operation of the
Electoral (Ballot Paper Forms) Regulations 1990.
81. Other miscellaneous amendments
Amendments are made as set out in the Table to this section.
Table of amendments
s. 4(1) In the definition of "prison", delete
"section 4 of the Prisons Act 1903", insert
instead --
" section 3 of the Prisons Act 1981 ".
s. 40(1)(b)(i) Delete "Director of the Department of
Corrections", insert instead --
"
chief executive officer, within the
meaning of that expression as
defined in section 3 of the Prisons
Act 1981,
".
page 67
Electoral Amendment Bill 2000
Part 11 General amendments
s. 81
s. 56 Delete "18", insert instead --
" 17 ".
s. 90(12) Delete "1903", insert instead --
" 1981 ".
s. 144(2b) Delete "a Deputy or", insert instead --
" an ".
page 68
[Index] [Search] [Download] [Related Items] [Help]