ELECTORAL ACT 1907
ELECTORAL ACT 1907
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
4. Terms used
4AA. Official agents for the appointment of scrutineers
PART II -- Administration
4A. Western Australian Electoral Commission, nature of
5. Electoral Commissioner, office of established
5A. Deputy Electoral Commissioner, office of established
5B. Electoral Commissioner and Deputy Electoral Commissioner, appointment etc. of
5C. Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
5D. Acting Electoral Commissioner etc., appointment of
5E. Electoral Commissioner etc., other provisions as to
5F. Electoral Commissioner, functions of
5G. Electoral Commissioner, delegation by
5H. Deputy Electoral Commissioner, functions of
6. Enrolment officers and returning officers, appointment of
7. Substitute for returning officer, appointment of
9. Returning officers, number of
10. Returning officer for district is deputy returning officer for whole of State electorate
13. Restriction on resignation of returning officer after issue of writ
14. Replacement of returning officer after issue of writ
15. Temporary assistants, appointment of
15A. Officers to make declaration before acting etc.
16. People not eligible to be officer etc.
PART IIA -- Representation in Parliament
Division 1 -- Preliminary
16A. Terms used
16B. Electoral Distribution Commissioners, appointment of etc.
Division 2 -- Whole of State electorate and electoral districts
16C. Whole of State electorate and representation
16D. Electoral districts and representation
Division 3 -- Division of State into districts
16E. Division of State into districts required after each general election for Assembly
16F. Commissioners, functions of
16G. Districts, how State to be divided into
16I. Dividing State, matters Commissioners to consider when
16J. District boundaries etc., Commissioners may modify etc.
16K. Effect of notice under s. 16F(2)(f) as to division of State
16MA. Map or maps of districts generated from digital or electronic record
16M. One vote one value principle, absolute majorities required for Bills affecting
PART III -- Enrolment
Division 1 -- Qualification of electors
17. Who is entitled to be enrolled and vote
17A. Enrolled voter leaving Australia but staying on Cwlth roll to stay on WA roll etc.
17B. Elector with no fixed address on Cwlth roll, enrolment of on WA roll
18. People disqualified from voting and being enrolled
Division 2 -- Electoral rolls
19. Electoral rolls required
22. Form and content of rolls; when information can be omitted from printed etc. rolls
23. Rolls, arrangement of names on
24. Rolls, when to be printed and issued
25. Rolls, public inspection of
25A. Enrolment information, provision to members of Parliament and parliamentary parties
25B. Enrolment information, when available to others
25C. Enrolment information may be given to government departments etc.
25D. Enrolment information given under s. 25A, 25B or 25C, use of restricted
25E. Enrolment information given under s. 25A, 25B or 25C, disclosure of restricted
26. Supplementary rolls, when to be printed and issued
27. Previous supplementary roll to be incorporated in subsequent one
28. Amalgamated roll, printing of
29. Rolls to be dated
30. Supplementary rolls to be numbered and dated
31. Arrangement with Cwlth for single enrolment procedure
31A. Arrangement with Commonwealth for sharing of information for revision of rolls
31AB. Revision of rolls in response to notification about Commonwealth rolls
31B. Arrangement with Cwlth as to s. 51B requests
34. Rolls and documents, when not invalid
35. Public officers to give Electoral Commissioner etc. information
37. New rolls, when required etc.
38. Regulations as to preparation of rolls and compulsory enrolment
39. Electoral census, when required etc.
40. New rolls, rules for preparing
Division 3 -- Additions to rolls
41. When new names may be added
42. Claims, form etc. of
43. Claims of certain Cwlth electors to be taken to be in order
44. Claims, essential parts of
44A. Enrolment of claimants and rejection of claims
45. Compulsory enrolment, offences as to etc.
46. Qualification of claimant considered insufficient or incorrect, enrolment officer’s functions as to
Division 4 -- Objections
Subdivision 1 -- To claims
47. Objections to claims
Subdivision 2 -- To enrolment
48. Objections to enrolment
Subdivision 3 -- Powers of Electoral Commissioner on appeal
49. Electoral Commissioner’s powers
Division 5 -- Miscellaneous
51. Removal of names repeated on roll and adjusting rolls
51A. Incapacitated elector, removal of name of from roll etc.
51AA. Removal of name following declaration by SAT etc.
51B. Request for address not to be shown on roll
52. Alteration of rolls, Electoral Commissioner’s powers as to
53. Alteration to rolls, time for making
54. Alteration to roll, how to be made
55. Removing name from printed roll, manner of
56. Deaths in State, Registrar of Births etc. to notify Electoral Commissioner of
59. Certain prisoners and detained persons, Electoral Commissioner to be informed about
60. Changes to rolls required due to information given under s. 56 and
62A. Enrolment information may be recorded etc. on computer etc.
PART IIIA -- Registration of political parties
62B. Scope of Part
62C. Terms used
62CA. Membership requirements for qualification as eligible political party
62D. Register of political parties, Electoral Commissioner to keep etc.
62E. Applications for registration
62F. Variation of application, Electoral Commissioner may advise etc.
62G. Public notice of application to be given etc.
62H. Registration of political party
62HA. Political party taken not to be registered for certain purposes
62I. Parliamentary party existing at 21 Oct 2000, registration of as political party
62J. Refusal of registration, grounds for etc.
62K. Amendment of register
62KA. Annual returns in relation to continued registration
62L. Cancellation of registration
62M. Public inspection and notice of register etc.
62N. Review of decision under s. 62H, 62J or 62L
62O. False representation as to registration, offence
62P. Information, Electoral Commissioner may request from party etc.
62Q. Offences relating to information
62R. Certificate of Electoral Commissioner is evidence
PART IV -- Elections
Division 1 -- Writs
64. General elections, issue of writs for
65. Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc.
67. Vacancy in Assembly, issue of writ for etc.
68. Writ deemed to be issued at 6 p.m. on day of issue
69. Writ, form and content of
69A. Rolls, when closed after issue of writ
70. Last day for nomination, rules for fixing
71. Polling day, rules for fixing
72. Last day for return of writ, rules for fixing
74. Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc.
75. Advertisement of writ and other matters relating to election
76. Time fixed in writ, extending
Division 2 -- Nominations
76A. Who is qualified to be elected as member of Parliament
76B. Who is not qualified to be elected as member of Parliament
77. Nomination: candidates to nominate and invalid nominations etc.
78. Nomination: form and content of etc.
79. Nomination: when receivable by returning officer
80. Grouping of candidates
81. Nomination paper and deposit required for valid nomination
81A. Party nomination, making and effect of
82. Nomination, withdrawal of
83. Nomination paper, effect of defects etc. in
84. Deposit by candidate, return or forfeiture of
85. Place of declaration of nominations; hour of nomination is noon on last day
86. Close of nominations procedure for single member election
87. Close of nominations procedure for Council election where relevant number more than one
87A. Close of nominations, returning officer’s other duties as to
88. Death of candidate after nomination
89. Failure and partial failure of election, when occurs and consequences of
Division 3 -- Voting
Subdivision 1 -- Early and absent voting
90. Early ballot paper, application for and issue of etc.
91. Visiting an eligible elector to take vote
92. Early ballot paper, how to vote by means of
93. General early voter, registration of etc.
94. Authorised witnesses for this Division
95. Early ballot papers etc., offences as to
97. Spelling mistakes on early ballot papers, effect of
98. Officer’s decision to allow etc. early ballot paper, status of
99A. Absent vote, who may make etc.
99B. Regulations about early, absent and provisional voting
Subdivision 2 -- Technology assisted voting
99C. Terms used
99D. Electoral Commissioner may approve procedures for technology assisted voting
99E. Record of vote
99F. Independent auditing of technology assisted voting
99G. Scrutineers
99H. Counting of technology assisted votes
99I. Secrecy relating to technology assisted voting
99J. False or misleading statements in relation to technology assisted voting
99K. Protection of computer hardware and software
99L. Approvals must be published on the internet
99M. Regulations relating to technology assisted voting
99N. How this Act applies in relation to technology assisted voting
99O. Electoral Commissioner may determine that technology assisted voting is not to be used
Subdivision 3 -- At the poll
100. Polling places etc., appointing etc.
100A. Mobile portable ballot boxes at certain institutions and hospitals, provision of etc.
100B. Mobile portable ballot boxes in declared remote areas, provision of etc.
101. Taking the poll, returning officer’s duties as to arranging
102. Taking the poll, returning officer’s particular duties as to arranging
102A. Conjoint elections, appointments and directions for
104. Polling place, appointment of officers for
105. Substitute and assistant presiding officers, appointment and powers of
106. Absence of returning officer or presiding officer due to illness etc., consequences of
107. Polling place, subdivision of into sections
108. Licensed premises not to be used for polling place
109. Certain buildings to be used free
110. Separate voting compartments etc. at polling place required
111. Ballot boxes required at polling places
112. Rolls for use in election, provision of
113. Ballot papers, form and content of
113B. Printing of Council ballot papers
113BA. Assembly ballot papers, printing of
113C. Political party names or “independent”, printing of on ballot papers
113D. Claims etc. may be lodged with Electoral Commissioner
114. Scrutineers, appointment of etc.
115. Candidates not to conduct election; who can be in polling place etc.
116. Police may be summoned to keep order etc.
117. Polling, rules for conduct of
119. Person claiming to vote, questions for and declarations by etc.
120. Answers by person claiming to vote, consequences of
121. Elector’s answers are conclusive
122. Elector objected to with name marked under s. 47, voting by etc.
122A. Person not on roll or struck off roll or on roll and cannot be found or struck out under s. 126, voting by etc.
123. No other answer or declaration required from elector; who can be excluded from voting
124. Right to vote despite error in roll or change of name on marriage
125. Ballot paper, procedure when delivering to elector
126. Roll to be marked on ballot paper being delivered
127. Elector’s duties on receiving ballot paper
128. How ballot paper to be marked by elector
129. Elector with disability etc., assistance for to vote
130. Ballot paper spoiled by elector, replacement of etc.
131. Adjourning polling due to riot etc.
132. Adjourning polling for other reasons
133. Voting at adjourned polling
Division 4 -- Counting of votes (general)
134. Count of votes, rules for conducting
135. Adjournment of count etc. to be announced
136. Before adjourning, ballot papers etc., to be sealed in boxes
Division 4A -- Scrutiny and count (Assembly elections)
136A. Application of Division
137. Scrutineers, appointment of
138. Scrutineers, submissions by etc.
139. Informal ballot papers defined
140. Elector’s intention to be given effect
140A. Some ballot papers with non-consecutive preferences can be formal
141. Counting places and assistant returning officers
142. Count of votes by assistant returning officers, procedure for
142A. Early, absent and provisional votes, appointment of assistant returning officers for count of
143. Returning officer to ascertain number of votes for each candidate
144. Count of votes by returning officer, procedure for
145. Equal votes, procedure in case of etc.
146. Re-count, when may be conducted etc.
Division 4B -- Scrutiny and count (Council elections)
146A. Application and construction of Division
146B. Assistant returning officers, counting places etc.
146C. Scrutineers, appointment of
146D. Scrutineers, submissions by etc.
146E. Informal ballot papers
146EA. Formal votes for individual candidates
146EB. Formal votes for groups
146EC. Treatment of ballot papers of electors who have voted above the line
146G. Count of votes by assistant returning officers, procedure for
146H. Count of votes by deputy returning officer, procedure for
146I. Count of votes by returning officer, procedure for
146J. Re-count, when may be conducted etc.
Division 5 -- Declaration of poll and return of the writ
147. Declaration of poll and certification and return of writ
148. Election not to be questioned on certain grounds
149. Informality in election, Governor’s powers as to
149A. Election of unqualified or disqualified person void
Division 6 -- After the poll
149B. Term used: document
150. Statistical return and rolls, returning officer to send to Electoral Commissioner
151. Other election papers, returning officer to send to Electoral Commissioner
152. Election papers, how long to be kept for
153. Rolls used at election, candidate may require production of
154. Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted
155. Election papers, destruction of
155AA. Election papers used for referendum etc., use of and destruction of afterwards
Division 7 -- Voting to be compulsory
155AB. Terms used
156. Elector’s duty to vote; penalty and infringement notices, offences etc. for not voting
156AA. Evidentiary certificate for s. 156 proceedings
PART IVA -- Filling vacancies in the Council
156A. Terms used
156B. Vacancy in Council, Governor to be notified of etc.
156C. Electoral Commissioner’s duties when informed of vacancy; nominations of candidates for vacancy being filled by re-count
156D. Vacancy being filled by re-count, procedure at close of nominations
156E. Vacancy being filled by fresh election, writ for
PART V -- Disputed returns
157. Validity of election or return, how to dispute
158. Petition to Court of Disputed Returns, content of etc.
159. Return of writ, presumed date of
160. Security for costs, petitioner to give
161. No proceedings on petition unless it complies with law
162. Court’s powers on petition
163. Court’s duties etc.; roll and electors’ qualifications, status of
164. Bribery etc. by candidate or illegal practice, voiding election in case of
165. Illegal practice, Court to report to Electoral Commissioner
166. Delays and immaterial errors not to vitiate election
167. Court’s decision is final
168. Copies of petition etc. to be sent to House affected
169. Costs
170. Security for costs, how to be dealt with
171. Other costs
172. Court’s decision, effect of
173. Rules of Court for this Part
174. Election of MLC on re-count, application of this Part to
PART VI -- Electoral funding and disclosure of gifts, income and expenditure
Division 1 -- Preliminary
175. Terms used
175A. Interpretation of this Part
Division 2 -- Agents
175B. Agent of political party, appointment of
175C. Agent of candidate, appointment of etc.
175D. Agent of group, appointment of etc.
175E. Appointment under s. 175B, 175C and 175D, eligibility for and notice of
175F. Agent of political party, registration of
175G. Agent of political party, appointment of has no effect if not on register
175H. Agent of political party, removing from register
175I. Agent of political party, evidence of appointment of
175J. No agent of political party, who has Div. 3 duties in case of
175K. Agent of candidate or group, revoking appointment of
175L. Agent of candidate or group, notice of death or resignation of to be given
Division 2A -- Electoral funding
175LA. Terms used and interpretation
175LB. Election funding reimbursement amount, entitlement to
175LC. Election funding reimbursement amount, calculation of
175LD. Claim for payment, requirement for and making etc.
175LE. Electoral Commissioner to determine claims
175LF. Circumstances in which payment to be made
175LG. Amount paid not to exceed electoral expenditure
175LH. Payments, to whom to be made
175LI. Decision as to payment, revoking and re-making
175LJ. Death of candidate, payments etc. in case of
175LK. Appropriation for payments under this Division
Division 3 -- Disclosure of gifts and other income
175M. Relevant details of gifts, defined
175N. Gifts etc. received by political party, annual return as to required
175NA. Gifts etc. received by associated entity, annual return as to required
175O. Gifts received by candidate in disclosure period, return as to required
175P. Gifts received by group in disclosure period, return as to required
175Q. Gifts received in disclosure period by other persons who incur expenditure for political purposes, return as to required
175R. Gifts not to be accepted from unidentified donors etc.
175S. Return under s. 175N, 175O and 175P required even if nothing to disclose etc.
Division 4 -- Disclosure of electoral expenditure
175SA. Electoral expenditure by political party, return as to required
175SB. Electoral expenditure by candidate, return as to required
175SC. Electoral expenditure by group, return as to required
175SD. Electoral expenditure by other person, return as to required
175SE. Return under s. 175SA, 175SB and 175SC required even if no expenditure etc.
175SF. Two or more elections on one day, one return may be lodged in case of
Division 5 -- Miscellaneous
175T. Interpretation
175U. Offences
175V. Payments due to State, recovery of
175W. Investigation powers etc. for this Part
175X. Incomplete returns, lodging etc.
175Y. Extension of time to lodge annual return
175Z. Information in return, verification of etc.
175ZA. Non-compliance with Part does not affect election
175ZB. Return, amendment of
175ZC. Public may obtain copies of returns
175ZD. Unincorporated party, proceedings against
175ZE. Public agencies to report on certain expenditure
175ZF. Regulations for this Part
175ZG. Annual report by Electoral Commissioner
PART VII -- Electoral offences
179. Offences generally
180. Term used: breach or neglect of official duty
181. Bribery, offence of
182. Term used: bribery
183. Undue influence, offence of
184. Term used: undue influence
185. Exception to what is bribery or undue influence
186. Disqualification for bribery or undue influence
187. Illegal practices defined
187A. Intentionally rendering person unable to vote etc.
187B. Electoral advertisement on internet, when publishing is an illegal practice
188. Illegal practices, penalties for
189. Gift etc. by candidate to club etc., offence in some cases
190. Electoral offences and punishments
191. False statement in electoral paper
191A. Misleading or deceptive publication etc.
192. Canvassing etc. in or near polling place
192A. Loud speakers etc., use of during polling hours
193. Collecting etc. petitions etc. in polling places etc.
194. Failure to transmit claim for enrolment
195. Information for preparation of roll etc., not obeying requirement to provide
196. Employer to allow employee leave of absence to vote
197. Person misbehaving etc. may be removed from polling place
198. Re-entering etc. polling place after being removed from
199. Incurring unauthorised electoral expense on behalf of a candidate
199A. Interfering with political liberty
200. Illegal practice committed indirectly etc., liability for
201. Attempt to commit offence
202. Evidentiary provision
204. Offences that are crimes
205. Summary offences and time limit for prosecutions
206. The Criminal Code Ch. XIV not to apply to parliamentary elections
PART VIII -- Miscellaneous
207. Who may witness signatures and take declarations
208. Notices, service of
209. Electoral papers sent by post, deemed service of
210. Electronic communication of electoral matter permitted
211A. Certain documents may be transmitted electronically
211. Person unable to write may make mark etc.
212. Forms, compliance requirements
213. Regulations generally
213A. Regulations affecting certain candidates
PART 9 -- Transitional provisions
Division 1 -- Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021
215. Terms used
216. Vacancies and representation in Legislative Council
217. Continued registration of existing parties
Division 2 -- Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023
Subdivision 1 -- Transitional provisions commencing on day after Royal Assent of Electoral Amendment (Finance and Other Matters) Act 2023
218. Terms used
219. Pre-commencement registered parties opting in to receive higher reimbursement amount
220. Elected non-party members opting in to receive higher reimbursement amount for next election after amount change day
221. Independent candidates may opt in to receive higher reimbursement amount for next post-change election
222. Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day
223. Publishing information about who has opted in to receive higher reimbursement amount
SCHEDULE 1
SCHEDULE 2
