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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Local Government Amendment Bill (No. 2) 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 4.69 amended 2
5. Schedule 4.1 replaced 3
Schedule 4.1 -- How to count votes and ascertain
the result of an election
Division 1 -- Preliminary
1. Terms used in this Schedule 3
Division 2 -- One office elections
2. One office election: 2 candidates 3
3. One office election: 3 or more candidates 4
4. Count of first preference votes 4
5. Exclusion of candidate and transfer of
votes if vacancy remains 4
6. Further exclusions if necessary 5
7. Filling vacancy if 2 candidates have equal
votes after a transfer 5
8. Procedure to determine excluded
candidate if votes equal 6
Division 3 -- Elections for 2 or more councillors
9. Application of Division 6
10. Count of first preference votes and
determination of quota 6
11. Transfer of surplus votes if any vacancy
remains 6
12. Further transfer of votes if any vacancy
remains 7
13. Votes of other candidates not to be
transferred to a candidate who has
obtained a quota 8
14. Exclusion of candidate and transfer of
votes if any vacancy remains 8
180--1 page i
Local Government Amendment Bill (No. 2) 2006
Contents
15. Further transfer of surplus votes if
necessary 9
16. Further exclusions if necessary 10
17. Transfer of votes to a candidate to cease
as soon as quota has been obtained 10
18. Filling final vacancy 10
19. No need for further count if number of
continuing candidates equals number of
vacancies 10
20. Order of transfer of surpluses 10
21. Procedure in case of equal surpluses 11
22. Surplus from earlier count or transfer to be
transferred before later surplus 11
23. Procedure to determine excluded
candidate if votes equal 11
24. When votes are to be set aside as finally
dealt with 12
25. Transfers to be treated separately 12
6. Schedule 4.2 amended 12
page ii
Western Australia
LEGISLATIVE COUNCIL
(As divided in Committee of the Whole)
Local Government Amendment Bill (No. 2) 2006
A Bill for
An Act to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill (No. 2) 2006
s. 1
1. Short title
This is the Local Government Amendment Act (No. 2) 2006.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
5 3. The Act amended
The amendments in this Act are to the Local Government
Act 1995*.
[* Reprint 3 as at 5 August 2005.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1 and Acts
Nos. 38 of 2005 and 28 of 2006.]
4. Section 4.69 amended
(1) Section 4.69(1) is amended by inserting after "election" --
" and only 2 candidates are named on the ballot paper ".
15 (2) Section 4.69(2) is repealed and the following subsections are
inserted instead --
"
(2) In any other case, an elector is to cast his or her vote by
marking the ballot paper in accordance with regulations
20 so as to indicate the sequence in which all the
candidates named on the ballot paper rank in the order
of the elector's preference for them.
(3) If preferences are indicated for all but one of the
candidates, that candidate is taken to rank lowest in the
25 order of the elector's preference for the candidates.
".
page 2
Local Government Amendment Bill (No. 2) 2006
s. 5
5. Schedule 4.1 replaced
Schedule 4.1 is repealed and the following Schedule is inserted
instead --
"
5 Schedule 4.1 -- How to count votes and ascertain
the result of an election
[s. 4.74]
Division 1 -- Preliminary
1. Terms used in this Schedule
10 (1) In this Schedule --
"continuing candidate" means a candidate who has not
already been elected or excluded from the count;
"first preference vote" received by a candidate means a
vote cast by an elector that indicates that the candidate
15 ranks highest in the order of the elector's preference for
the candidates;
"one office election" means an election to fill the office of
mayor or president or to fill one office of councillor;
"quota" means the quota determined under clause 10(1);
20 "total vote" means the total number of all the first
preference votes received by candidates.
(2) A reference in this Schedule to votes of or obtained or
received by a candidate includes votes obtained or received
by the candidate on any transfer under this Schedule.
25 Division 2 -- One office elections
2. One office election: 2 candidates
(1) If there are only 2 candidates in a one office election --
(a) the number of votes received by each candidate is to
be ascertained; and
30 (b) the candidate who has the greater number of votes
is elected.
page 3
Local Government Amendment Bill (No. 2) 2006
s. 5
(2) If the candidates have an equal number of votes, the
returning officer is to draw lots in accordance with
regulations to determine which candidate is elected.
3. One office election: 3 or more candidates
5 Clauses 4 to 8 apply if there are 3 or more candidates in a
one office election.
4. Count of first preference votes
(1) The number of first preference votes received by each
candidate and the total vote are to be ascertained.
10 (2) If the number of first preference votes received by a
candidate is more than half of the total vote, the candidate is
elected.
5. Exclusion of candidate and transfer of votes if vacancy
remains
15 (1) If the office has not been filled, the candidate who has the
fewest first preference votes is excluded and all of that
candidate's votes are to be transferred to the continuing
candidates as follows --
(a) any ballot papers of the excluded candidate that
20 express the first preference vote for the excluded
candidate and the next available preference for a
particular continuing candidate are to be transferred
to the continuing candidate;
(b) the total number of ballot papers that are transferred
25 to a continuing candidate under paragraph (a) is to
be added to the number of votes of the continuing
candidate.
(2) If the number of votes that a continuing candidate has
received on the completion of the transfer under subclause
30 (1) is more than half of the total vote, the candidate is
elected.
page 4
Local Government Amendment Bill (No. 2) 2006
s. 5
6. Further exclusions if necessary
(1) If, after the transfer of all the votes of an excluded
candidate, the office has not been filled, the candidate who
has the fewest votes is excluded and all of that candidate's
5 votes are to be transferred to the continuing candidates as
follows --
(a) any ballot papers of the excluded candidate that
express the first preference vote for the excluded
candidate and the next available preference for a
10 particular continuing candidate are to be transferred
to the continuing candidate;
(b) the total number of ballot papers that are transferred
to a continuing candidate under paragraph (a) is to
be added to the number of votes of the continuing
15 candidate;
(c) any ballot papers previously transferred to the
excluded candidate under this Division that express
the next available preference for a particular
continuing candidate are to be transferred to the
20 continuing candidate;
(d) the total number of ballot papers that are transferred
to a continuing candidate under paragraph (c) is to
be added to the number of votes of the continuing
candidate.
25 (2) If the number of votes that a continuing candidate has
received on the completion of the transfer under subclause
(1) is more than half of the total vote, the candidate is
elected.
7. Filling vacancy if 2 candidates have equal votes after a
30 transfer
If there are only 2 continuing candidates and they have
received the same number of votes on the completion of a
transfer under clause 5(1) or 6(1), the returning officer is to
draw lots in accordance with regulations to determine which
35 candidate is elected.
page 5
Local Government Amendment Bill (No. 2) 2006
s. 5
8. Procedure to determine excluded candidate if votes
equal
If the candidate who has the fewest votes is required to be
excluded under clause 5(1) or 6(1), and 2 or more
5 candidates (the "tied candidates") have an equal number of
votes (no other candidate having fewer votes) the returning
officer is to draw lots in accordance with regulations to
determine which of the tied candidates is excluded.
Division 3 -- Elections for 2 or more councillors
10 9. Application of Division
This Division applies to an election other than a one
member election.
10. Count of first preference votes and determination of
quota
15 (1) The number of first preference votes received by each
candidate and the total vote are to be ascertained and a quota
is to be determined by dividing the total vote by one more
than the number of candidates required to be elected and by
increasing the quotient so obtained (disregarding any
20 remainder) by one.
(2) Any candidate who has received a number of first
preference votes equal to or greater than the quota is elected.
11. Transfer of surplus votes if any vacancy remains
(1) Unless all the offices have been filled, the votes (if any) that
25 each elected candidate has received in excess of the quota
("surplus votes") are to be transferred to the continuing
candidates as follows --
(a) the number of surplus votes of the elected candidate
is to be divided by the number of first preference
30 votes received by the elected candidate and the
resulting fraction is the "transfer value";
page 6
Local Government Amendment Bill (No. 2) 2006
s. 5
(b) the total number of ballot papers of the elected
candidate that express the first preference vote for
the elected candidate and the next available
preference for a particular continuing candidate is to
5 be multiplied by the transfer value;
(c) the number so obtained (disregarding any fraction)
is to be added to the number of first preference
votes of the continuing candidate;
(d) all those ballot papers are to be transferred to the
10 continuing candidate.
(2) Any continuing candidate who has received a number of
votes equal to or greater than the quota on the completion of
any transfer under subclause (1) is elected.
12. Further transfer of votes if any vacancy remains
15 (1) Unless all the offices have been filled, the surplus votes (if
any) of any candidate elected under clause 11(2), or elected
subsequently under subclause (2), are to be transferred to the
continuing candidates as follows --
(a) the number of surplus votes of the elected candidate
20 is to be divided by the number of votes received by
the elected candidate and the resulting fraction is
the "surplus fraction";
(b) in relation to any particular ballot papers for surplus
votes of the elected candidate, the surplus fraction is
25 to be multiplied by the transfer value at which those
ballot papers were transferred to the elected
candidate, or by one if they expressed first
preference votes for the elected candidate, and the
product is the "continued transfer value" of those
30 particular ballot papers;
(c) the total number of ballot papers for surplus votes
of the elected candidate that each --
(i) express the next available preference for a
particular continuing candidate; and
35 (ii) have a particular continued transfer value,
page 7
Local Government Amendment Bill (No. 2) 2006
s. 5
are to be multiplied by that transfer value, the
number so obtained (disregarding any fraction) is to
be added to the number of votes of the continuing
candidate and all those ballot papers are to be
5 transferred to the continuing candidate.
(2) If on the completion of the transfer of the surplus votes of
the elected candidate to a particular continuing candidate
that candidate has received a number of votes equal to or
greater than the quota, that candidate is elected.
10 13. Votes of other candidates not to be transferred to a
candidate who has obtained a quota
If a continuing candidate has received a number of votes
equal to or greater than the quota on the completion of a
transfer under clause 11 or 12 of the surplus votes of a
15 particular elected candidate, no votes of any other candidate
are to be transferred to the continuing candidate.
14. Exclusion of candidate and transfer of votes if any
vacancy remains
If, after the counting of first preference votes or the transfer
20 of surplus votes (if any) of elected candidates, no candidate
has, or less than the number of candidates required to be
elected have, received a number of votes equal to the quota,
the candidate who has the fewest votes is excluded and all
of that candidate's votes are to be transferred to the
25 continuing candidates as follows --
(a) any ballot papers of the excluded candidate that
express the first preference vote for the excluded
candidate and the next available preference for a
particular continuing candidate are to be transferred
30 to the continuing candidate (each ballot paper at a
transfer value of one);
(b) the total number of ballot papers that are transferred
to a continuing candidate under paragraph (a) is to
be added to the number of votes of the continuing
35 candidate;
page 8
Local Government Amendment Bill (No. 2) 2006
s. 5
(c) the total number (if any) of other votes obtained by
the excluded candidate on transfers under this
Division are to be transferred from the excluded
candidate in the order of the transfers on which the
5 excluded candidate obtained them, the votes
obtained on the earliest transfer being transferred
first, as follows --
(i) the total number of ballot papers transferred
to the excluded candidate from a particular
10 candidate and expressing the next available
preference for a particular continuing
candidate are to be multiplied by the
transfer value at which the ballot papers
were so transferred to the excluded
15 candidate;
(ii) the number so obtained (disregarding any
fraction) is to be added to the number of
votes of the continuing candidate;
(iii) all those ballot papers are be transferred to
20 the continuing candidate.
15. Further transfer of surplus votes if necessary
Any continuing candidate who has received a number of
votes equal to or greater than the quota on the completion of
a transfer under clause 14 or 16 of votes of an excluded
25 candidate is elected, and, unless all the offices have been
filled, the surplus votes (if any) of the candidate so elected
are to be transferred in accordance with clause 12, except
that, if the candidate so elected is elected before all the votes
of the excluded candidate have been transferred, the surplus
30 votes (if any) of the candidate so elected are not to be
transferred until the remaining votes of the excluded
candidate have been transferred in accordance with
clause 14 to continuing candidates.
page 9
Local Government Amendment Bill (No. 2) 2006
s. 5
16. Further exclusions if necessary
Subject to clause 18, if, after the transfer of all the votes of
an excluded candidate, no continuing candidate has received
a number of votes greater than the quota, the continuing
5 candidate who has the fewest votes is excluded and that
candidate's votes are to be transferred in accordance with
clause 14.
17. Transfer of votes to a candidate to cease as soon as quota
has been obtained
10 If a candidate is elected as a result of a transfer of the first
preference votes of an excluded candidate or a transfer of all
the votes of an excluded candidate that were transferred to
the excluded candidate from a particular candidate, no other
votes of the excluded candidate are to be transferred to the
15 candidate so elected.
18. Filling final vacancy
In respect of the last office to be filled for which 2
continuing candidates remain, the continuing candidate who
has the larger number of votes is elected even if that number
20 is below the quota, and if they have an equal number of
votes the returning officer is to draw lots in accordance with
regulations to determine which candidate is elected.
19. No need for further count if number of continuing
candidates equals number of vacancies
25 Despite any other provision of this Division, if the number
of continuing candidates is equal to the number of
remaining unfilled offices, those candidates are elected.
20. Order of transfer of surpluses
Subject to clauses 21 and 22, if, after any count or transfer
30 under this Division, 2 or more candidates have surplus
votes, the order of any transfers of the surplus votes of those
candidates is to be in accordance with the relative sizes of
the surpluses, the larger or largest surplus being transferred
first.
page 10
Local Government Amendment Bill (No. 2) 2006
s. 5
21. Procedure in case of equal surpluses
Subject to clause 22, if, after any count or transfer under this
Division, 2 or more candidates have equal surpluses, the
order of any transfers of the surplus votes of those
5 candidates is to be in accordance with the relative numbers
of votes of those candidates at the last count or transfer at
which each of those candidates had a different number of
votes, the surplus of the candidate with the larger or largest
number of votes at that count or transfer being transferred
10 first, but if there has been no such count or transfer the
returning officer is to draw lots in accordance with
regulations to determine which candidate is, as between
those candidates, taken to have had the larger or largest
surplus.
15 22. Surplus from earlier count or transfer to be transferred
before later surplus
If, after any count or transfer under this Division, a
candidate obtains surplus votes, those surplus votes are not
to be transferred before the transfer of any surplus votes
20 obtained by any other candidate on an earlier count or
transfer.
23. Procedure to determine excluded candidate if votes
equal
If the candidate who has the fewest votes is required to be
25 excluded under clause 14 or 16 and 2 or more candidates
(the "tied candidates") have an equal number of votes (no
other candidate having fewer votes), whichever of the tied
candidates had the fewer or fewest votes at the last count or
transfer at which each of the tied candidates had a different
30 number of votes is excluded, but if there has been no such
count or transfer the returning officer is to draw lots in
accordance with regulations to determine which of the tied
candidates is excluded.
page 11
Local Government Amendment Bill (No. 2) 2006
s. 6
24. When votes are to be set aside as finally dealt with
If a candidate is elected by reason that the number of first
preference votes received by the candidate, or the aggregate
of first preference votes received by the candidate and all
5 other votes obtained by the candidate on transfers under this
Division, is equal to the quota, all the ballot papers
expressing those votes are to be set aside as finally dealt
with.
25. Transfers to be treated separately
10 Each of the following constitutes a separate transfer for the
purposes of this Division --
(a) a transfer under clause 11, 12 or 15 of all the
surplus votes of an elected candidate;
(b) a transfer in accordance with clause 14(a) and (b) of
15 all first preference votes of an excluded candidate;
(c) a transfer in accordance with clause 14(c) of all the
votes of an excluded candidate that were transferred
to the excluded candidate from a particular
candidate.
20 ".
6. Schedule 4.2 amended
(1) Schedule 4.2 clause 8 is amended by inserting before "votes" in
each place where it occurs --
" primary ".
25 (2) After Schedule 4.2 clause 8 the following clause is inserted --
"
8A. In clause 8 --
"primary vote" received by a person on his or her election
means --
30 (a) in relation to an election in which there are only
2 candidates to fill one office of councillor, a
vote cast by an elector that indicates the person
whom the elector wishes to be elected; or
page 12
Local Government Amendment Bill (No. 2) 2006
s. 6
(b) in any other case, a vote cast by an elector that
indicates that the person ranks highest in the
order of the elector's preference for the
candidates.
5 ".
page 13
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