Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Governor
receives or takes notice of a vacancy under section 156B the Governor
shall inform the Electoral Commissioner who shall —
(a) if
satisfied that it is practicable to fill the vacancy under this
section and section 156D, publish in at least 2 newspapers
circulating generally in the region in respect of which the vacancy has
occurred a notice in accordance with the prescribed form to the effect that
the vacancy has occurred; or
(b) by
notice signed by him, inform the Governor that he is not satisfied that it is
practicable to fill the vacancy under this section and section 156D.
(2) Where a vacancy is
to be filled and —
(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
this section and section 156D or under section 156E, the member
who was the predecessor (whether immediate, intermediate, or original) of that
member,
was, at the time of
being elected at the original election, publicly recognised by a particular
political party as being an endorsed candidate of that party and publicly
represented himself to be such a candidate at that time then, without limiting
the generality of subsection (1), it shall be taken to be impracticable
to fill the vacancy under this section and section 156D if the
Parliamentary leader of that party, by notice signed by him, informs the
Electoral Commissioner that there is no available qualified person who is a
member of that party.
(3) Where notice of a
vacancy is published under subsection (1)(a) a qualified person may
nominate himself as a candidate for the vacancy in accordance with this
section.
(4) A person may make
a nomination under subsection (3) —
(a) by
delivering or posting his written consent to act, if elected; or
(b) by
signifying his consent to act, if elected, by a message sent by telegram,
telex, or other electronic means,
to the Electoral
Commissioner so that it is received by the Electoral Commissioner before 12
noon on the tenth day after the day on which the notice of the vacancy was
published under subsection (1)(a).
(5) Where a nomination
under subsection (3) is made otherwise than by telegram, telex, or other
electronic means, it is not valid unless made in the prescribed form by the
nominating candidate and unless his signature is witnessed by an elector.
(6) Where such a
nomination is made by a message by telegram, telex, or other electronic means,
it is not valid unless it is verified in the prescribed manner.
[Section 156C inserted by No. 40 of 1987
s. 79; amended by No. 36 of 2000 s. 55(2).]