Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of this Act, any person —
(a) who
is —
(i)
an Australian citizen; or
(ii)
a person (other than an Australian citizen) who would, if
the relevant citizenship law had continued in force, be a British subject
within the meaning of that relevant citizenship law and who was at some time
within 3 months, immediately preceding 26 January 1984, an
elector of the Assembly or an elector, under a Commonwealth Act, of the
Commonwealth Parliament;
(b) who
has attained 18 years of age; and
(c) who
has lived in the district or sub-district for which he claims to be enrolled
as an elector for one month last past,
is
entitled —
(d) to
be enrolled as an elector for the Council and the Assembly; and
(e) when
so enrolled and while he continues to live in that district or sub-district,
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 of which the
sub-district forms part.
(2) Subject to
sections 145(7) and 172(1)(c) where an elector enrolled under
subsection (1) changes his place of living to another district he may,
until his name is transferred to another roll, vote at any election in the
region or district in respect of which his name continues enrolled if the
election is held within 3 months after he has so changed his place of
living.
(3) For the purposes
of this Act a person shall be deemed to have lived within a district or
sub-district, if he has his usual place of abode therein and notwithstanding
his occasional absence from that district or sub-district and any period of
absence from such usual place of abode by a person —
(a)
while serving a sentence of imprisonment for an offence; or
(b)
while otherwise in lawful custody or detention in relation to an offence,
shall be deemed to be
such occasional absence, and that person shall be deemed not to have his usual
place of abode at the place of imprisonment or custody or detention, as the
case may be.
(4) A
member —
(a) of
the Council and his spouse may claim to be enrolled for a district or
sub-district that forms part of the region which that member represents; and
(b) of
the Assembly and his spouse may claim to be enrolled for the district which
that member represents,
and when so enrolled
shall be deemed to live in that region or district and if —
(c) that
region or district is wholly or partly included, pursuant to the provisions of
any Act, in another region or district, however named, that member and his
spouse may claim to be enrolled as an elector in respect of that other region
or district; and
(d) that
member is a candidate for election in respect of that other region or
district, he and his spouse may, while they are enrolled therefor, vote at the
general election next following the inclusion of the region or district in
another region or district and while so enrolled and while the member is such
a candidate they shall be deemed to live in that other region or district.
(4a) A person
who —
(a) has
attained 17 years of age; and
(b)
would be entitled to be enrolled on a roll if he had attained 18 years of
age,
is entitled to be
enrolled on that roll as an elector.
(4b) Notwithstanding
section 4, or subsection (4a), or an enrolment under
subsection (4a), if a person who has been enrolled under
subsection (4a) does not attain 18 years of age until after the date
fixed for the polling in an election, that person —
(a) is
not entitled to vote at that election; and
(b)
shall not be taken to be —
(i)
an elector;
(ii)
entitled to be enrolled on a roll; or
(iii)
enrolled on a roll,
for the purposes of
this Act in relation to that election.
(4c)
Subsection (4a) does not apply to a person who does not know his date of
birth.
(5) Subject to
subsection (4) and sections 17A and 17B a person is not entitled to
be enrolled on any roll other than the roll for the district or
sub-district in which he lives or for the district or sub-district of the
region in which he lives.
[Section 17 inserted by No. 33 of 1964
s. 6; amended by No. 33 of 1967 s. 3; No. 94 of 1970
s. 3; No. 39 of 1979 s. 6; No. 9 of 1983 s. 4 and 30;
No. 104 of 1985 s. 4; No. 40 of 1987 s. 26 and 84;
No. 79 of 1987 s. 3; No. 36 of 2000 s. 32(1); No. 64
of 2006 s. 16; No. 7 of 2009 s. 5.]