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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment (Miscellaneous) Bill 2008
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electoral Act 1907 amended
3. Act amended 3
4. Section 4 amended 3
5. Section 17 amended 3
6. Section 17B inserted 3
17B. Electors with no fixed address enrolled
under Commonwealth Act 3
7. Section 18 amended 4
8. Section 25A amended 5
9. Section 40 amended 5
10. Section 59 amended 5
11. Section 62 deleted 6
12. Section 90 amended 6
13. Section 93 amended 6
14. Section 175C amended 7
15. Section 183 amended 7
004--1 page i
Western Australia
LEGISLATIVE COUNCIL
Electoral Amendment (Miscellaneous) Bill 2008
A Bill for
An Act to amend the Electoral Act 1907.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment (Miscellaneous) Bill 2008
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Electoral Amendment (Miscellaneous) Act 2008.
2. Commencement
5 This Act comes into operation as follows --
(a) Part 1 -- on the day on which this Act receives the
Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation.
page 2
Electoral Amendment (Miscellaneous) Bill 2008
Electoral Act 1907 amended Part 2
s. 3
Part 2 -- Electoral Act 1907 amended
3. Act amended
This Part amends the Electoral Act 1907.
4. Section 4 amended
5 Delete section 4(4) and insert:
(4) A reference in this Act to a full election in a region is a
reference to an election in a region for the return of
6 members of the Council.
10
5. Section 17 amended
In section 17(5) delete "and section 17A" and insert:
and sections 17A and 17B
15
6. Section 17B inserted
After section 17A insert:
17B. Electors with no fixed address enrolled under
20 Commonwealth Act
(1) If --
(a) a person fulfils the requirements of
section 17(1)(a) and (b) but does not live in any
particular district or sub-district in the
25 State; and
(b) the person's name appears on a roll maintained
under the Commonwealth Electoral Act 1918 in
respect of an address in a Commonwealth
subdivision in the State with which the person
page 3
Electoral Amendment (Miscellaneous) Bill 2008
Part 2 Electoral Act 1907 amended
s. 7
has established a connection under section 96
of that Act; and
(c) the Commonwealth roll referred to in
paragraph (b) is annotated to indicate that the
5 person is an itinerant elector under the
Commonwealth Electoral Act 1918 section 96,
the person is to be enrolled on the roll for the district or
sub-district in which the address referred to in
paragraph (b) is situated.
10 (2) While the name of the person continues to be included
on the Commonwealth roll referred to in
subsection (1)(b) with the annotation referred to in
subsection (1)(c), the person is entitled --
(a) to remain enrolled on the roll for the district or
15 sub-district referred to in subsection (1); and
(b) to vote at --
(i) any election in the region of which the
district or sub-district forms part; and
(ii) any election in the district or the district
20 of which the sub-district forms part.
7. Section 18 amended
In section 18(1):
(a) delete paragraph (c) and insert:
25
(c) is serving or is yet to serve a sentence of
detention (imposed under the Young Offenders
Act 1994), or imprisonment, of one year or
longer; or
30
page 4
Electoral Amendment (Miscellaneous) Bill 2008
Electoral Act 1907 amended Part 2
s. 8
(b) after each of paragraphs (b), (ca), (cb) and (cc) insert:
or
5 8. Section 25A amended
In section 25A(1a) in the definition of prescribed information:
(a) in paragraph (c) delete "situated." and insert:
situated; and
10
(b) after paragraph (c) insert:
(d) the elector's date of birth.
15 9. Section 40 amended
In section 40(1a) delete "section 17(4) or 17A." and insert:
section 17(4), 17A or 17B.
20 10. Section 59 amended
(1) In section 59(1) in the definition of prisoner delete
"section 18(b) to (cd)" and insert:
section 18(1)(b) to (cd)
25
(2) After section 59(3) insert:
(4) If required information is forwarded to the Electoral
Commissioner under subsection (2)(a)(i) or (3)(a)(i) in
30 relation to a person referred to in section 18(1)(c), the
page 5
Electoral Amendment (Miscellaneous) Bill 2008
Part 2 Electoral Act 1907 amended
s. 11
chief executive officer, prisons must include in the list
containing the required information the length of the
term of detention or imprisonment of the person.
5 11. Section 62 deleted
Delete section 62.
12. Section 90 amended
After section 90(1)(db) insert:
10 (dc) is by reason of --
(i) serving a sentence of detention
(imposed under the Young Offenders
Act 1994) or imprisonment; or
(ii) being otherwise in lawful custody or
15 detention,
precluded from attending at a polling place; or
13. Section 93 amended
In section 93(1):
20 (a) in paragraph (c) delete "disabled," and insert:
disabled; or
(b) after paragraph (c) insert:
25
(d) who is entitled to vote under section 17A(2),
page 6
Electoral Amendment (Miscellaneous) Bill 2008
Electoral Act 1907 amended Part 2
s. 14
(c) after each of paragraphs (a) to (ab) insert:
or
5 14. Section 175C amended
In section 175C(2) delete "election, the candidate is the agent in
relation to the election." and insert:
election --
10 (a) if the candidate has been endorsed by a political
party, the agent of the political party is the
agent of the candidate in relation to the
election; or
(b) if paragraph (a) does not apply, the candidate is
15 the agent in relation to the election.
15. Section 183 amended
Delete section 183(6).
page 7
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