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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL AMENDMENT BILL (NO. 2) 2008

                    Western Australia


 Electoral Amendment Bill (No. 2) 2008

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
      Part 2 -- Electoral Act 1907 amended
3.    The 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   Section 62 repealed                                     6
12.   Section 90 amended                                      6
13.   Section 93 amended                                      6
14.   Section 175 amended                                     6
15.   Section 175A amended                                    7
16.   Section 175C amended                                    7
17.   Section 175ZF amended                                   8
18.   Section 183 amended                                     8
      Part 3 -- Electoral (Political Finance)
      Regulations 1996 amended
19.   The regulations amended                                 9
20.   Regulation 3 amended                                    9




                         285--2                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


       Electoral Amendment Bill (No. 2) 2008


                               A Bill for


An Act to amend the Electoral Act 1907 and the Electoral (Political
Finance) Regulations 1996.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Electoral Amendment Bill (No. 2) 2008
     Part 1         Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Electoral Amendment Act (No. 2) 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)   sections 14, 15, 17 and Part 3 -- on the day after that
                     day;
10             (c)   the rest of the Act -- on a day fixed by proclamation.




     page 2
                                             Electoral Amendment Bill (No. 2) 2008
                                        Electoral Act 1907 amended          Part 2

                                                                                    s. 3



                  Part 2 -- Electoral Act 1907 amended
     3.       The Act amended
              The amendments in this Part are to the Electoral Act 1907.

     4.       Section 4 amended
 5            Section 4(4) is repealed and the following subsection is inserted
              instead --
          "
              (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
10                    6 members of the Council.
                                                                                     ".

     5.       Section 17 amended
              Section 17(5) is amended by deleting "and section 17A" and
              inserting instead --
15            "     and sections 17A and 17B       ".

     6.       Section 17B inserted
              After section 17A the following section is inserted --
     "
          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 Bill (No. 2) 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
              Section 18(1) is amended as follows:
                (a) by deleting paragraph (c) and inserting instead --
25                  "
                        (c)   is serving or is yet to serve a sentence of
                              detention (imposed under the Young Offenders
                              Act 1994), or imprisonment, of 3 years or
                              longer; or
30                                                                                 ";




     page 4
                                                        Electoral Amendment Bill (No. 2) 2008
                                                   Electoral Act 1907 amended          Part 2

                                                                                           s. 8



                         (b)    after each of paragraphs (b), (ca), (cb) and (cc) by
                                inserting --
                                " or ".

     8.              Section 25A amended
 5                   Section 25A (1a) is amended in the definition of "prescribed
                     information" by deleting the full stop and inserting instead --
                           "
                                       ; and
                                (d)    the elector's date of birth.
10                                                                                          ".

     9.              Section 40 amended
                     Section 40(1a) is amended by deleting "or 17A." and inserting
                     instead --
                     "     , 17A or 17B.      ".

15   10.             Section 59 amended
           (1)       Section 59(1) is amended in the definition of "prisoner" by
                     deleting "section 18(b) to (cd)" and inserting instead --
                     "     section 18(1)(b) to (cd)      ".
           (2)           After section 59(3) the following subsection is inserted --
20               "
                     (4)       If required information is forwarded to the Electoral
                               Commissioner under subsection (2)(a)(i) or (3)(a)(i) in
                               relation to a person referred to in section 18(1)(c), the
                               chief executive officer, prisons must include in the list
25                             containing the required information the length of the
                               term of detention or imprisonment of the person.
                                                                                            ".




                                                                                       page 5
     Electoral Amendment Bill (No. 2) 2008
     Part 2         Electoral Act 1907 amended

     s. 11



     11.      Section 62 repealed
              Section 62 is repealed.

     12.      Section 90 amended
              After section 90(1)(db) the following is inserted --
 5                      "
                            (dc)   is by reason of --
                                      (i) serving a sentence of detention
                                           (imposed under the Young Offenders
                                           Act 1994) or imprisonment; or
10                                   (ii) being otherwise in lawful custody or
                                           detention,
                                   precluded from attending at a polling place; or
                                                                                     ".

     13.      Section 93 amended
15            Section 93(1) is amended as follows:
                  (a)        after paragraph (c) by deleting the comma and inserting
                             instead --
                             "
                                   ; or
20                           (d)   who is entitled to vote under section 17A(2),
                                                                                     ";
                  (b)        after each of paragraphs (a) to (ab) by inserting --
                             " or ".

     14.      Section 175 amended
25            Section 175 is amended in the definition of "specified amount"
              by deleting "$1 500" and inserting instead --
              "    $1 000          ".




     page 6
                                           Electoral Amendment Bill (No. 2) 2008
                                      Electoral Act 1907 amended          Part 2

                                                                             s. 15



     15.        Section 175A amended
                After section 175A(5) the following subsection is inserted --
           "
               (6A)   The amount of $1 000 mentioned in the definition of
 5                    "specified amount" in section 175 becomes the
                      specified amount --
                        (a) in relation to sections 175O, 175P, 175Q and
                              175R(1)(b), (c) and (d) -- from the end of the
                              period of 30 days after the polling day in the
10                            next general election to occur after the coming
                              into operation of the Electoral Amendment Act
                              (No. 2) 2008 section 14; and
                        (b) in relation to sections 175N, 175R(1)(a)
                              and 175ZE -- on and from 1 July 2009,
15                    and until then the amount of $1 800 published by the
                      Electoral Commissioner in the Gazette on
                      18 March 2005 remains the specified amount.
                                                                                 ".

     16.        Section 175C amended
20              Section 175C(2) is amended by deleting ", the candidate is the
                agent in relation to the election." and inserting instead --
                "
                      --
                       (a)   if the candidate has been endorsed by a political
25                           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
                             the agent in relation to the election.
30                                                                               ".




                                                                          page 7
     Electoral Amendment Bill (No. 2) 2008
     Part 2         Electoral Act 1907 amended

     s. 17



     17.      Section 175ZF amended
              Section 175ZF(2)(a) is amended as follows:
                (a) by deleting "$1 500" and inserting instead --
                     " $1 000 ";
 5             (b) by deleting "Electoral Amendment (Political Finance)
                     Act 1992" and inserting instead --
                     "
                           Electoral Amendment Act (No. 2) 2008
                           section 14
10                                                                        ".

     18.      Section 183 amended
              Section 183(6) is repealed.




     page 8
                                                  Electoral Amendment Bill (No. 2) 2008
                 Electoral (Political Finance) Regulations 1996 amended          Part 3

                                                                                    s. 19



                         Part 3 -- Electoral (Political Finance)
                              Regulations 1996 amended
     19.             The regulations amended
                     The amendments in this Part are to the Electoral (Political
 5                   Finance) Regulations 1996.

     20.             Regulation 3 amended
           (1)       Regulation 3(2) is amended as follows:
                      (a) in the formula, by deleting "$1 500" and inserting
                            instead --
10                          " $1 000 ";
                      (b) in the definition of "B", by deleting "these regulations"
                            and inserting instead --
                              "
                                    the Electoral Amendment Act (No. 2) 2008
15                                  section 14
                                                                                      ".
           (2)       Regulation 3(4) is amended by deleting "$1 500" and inserting
                     instead --
                     "     $1 000   ".
20         (3)       After regulation 3(4) the following subregulation is inserted --
                 "
                     (5)    A calculation that the Electoral Commissioner would
                            otherwise be required by subregulation (2) to perform
                            at any time between the coming into operation of the
25                          Electoral Amendment Act (No. 2) 2008 section 14 and
                            1 July 2009 is not to be performed.
                                                                                      ".




                                                                                page 9

 


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