Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
absent voter means any person who votes under the
provisions of section 99A;
Assembly means the Legislative Assembly;
Australian citizen means a person who is an
Australian citizen under the Australian Citizenship Act 1948 of the
Commonwealth or any Act amending that Act or substituted therefor;
authorised witness has the meaning given by
section 94;
candidate in Parts II and VII includes any person
who, within 3 months before the day of election, offers himself for
election as a member of the Council or Assembly;
christian name means the name or names prefixed to
the surname of any person, whether received at Christian baptism or not;
conjoint election means a general election for the
Council and the Assembly that are both to be held on the same day pursuant to
writs issued on the same day;
constitution , in relation to a political party,
means a written set of principles and rules (however described) under which
the party is governed;
Council means the Legislative Council;
Deputy Electoral Commissioner means the person
holding or acting in the office of Deputy Electoral Commissioner referred to
in section 5A;
district , in relation to the Assembly, means an
electoral district for the election of a member of the Assembly and, in
relation to the Council, means an electoral district that forms part of a
region;
early ballot paper means a ballot paper issued
under section 90 and early vote has a corresponding meaning;
election means an election in a region or an
election in a district;
elector means any person whose name appears on a
roll as an elector;
electoral census means any enumeration of persons
eligible as electors for the Council or Assembly, made under the provisions of
Part III;
Electoral Commissioner means the Electoral
Commissioner appointed under this Act;
enrolment information means a roll, information on
a roll or other information relating to electors;
general election —
(a) in
relation to the Assembly, means the elections in the districts the writ for
which is issued under section 64(1);
(b) in
relation to the Council, means the elections in the regions the writ for which
is issued under section 64(2);
general polling place has the meaning given by
section 100(3);
group means a group constituted in accordance with
section 80;
hour of nomination means the hour fixed by
section 85(2);
officer includes all persons appointed to any
office under this Act or in the Western Australian Electoral Commission, or
exercising any power or discharging any duty under this Act, except as an
honorary Government electoral agent;
official paper means paper referred to in
section 113(4);
political party means —
(a) a
body corporate or other body or organisation (not being a body corporate or
other body or organisation described in paragraph (b)) having as one of
the objects or activities of the body or organisation the promotion of the
election to the Parliament of this State of a candidate or candidates endorsed
by it or by a body or organisation that forms part of it; or
(b) the
branch or division for this State of a body corporate or other body or
organisation which —
(i)
is organised on a basis that includes this State and
another State or Territory or other States or Territories;
(ii)
has a branch or division for this State; and
(iii)
has as one of the objects or activities of the body or
organisation the promotion of the election to the Parliament of this State of
a candidate or candidates endorsed by it or by a body or organisation that
forms part of it;
polling place means any building or structure in
which the polling at elections is appointed to take place;
President means the President of the Legislative
Council;
prison means a prison within the meaning of that
expression as defined by section 3 of the Prisons Act 1981 ;
referendum means the submission of a question to
the electors pursuant to an Act but does not include an election under this
Act, and a reference to an election being held on the same day as a referendum
is a reference to the polling at an election being conducted on the day on
which the votes of the electors are taken for the purposes of a referendum;
region means an electoral region for the election
of members of the Council;
registered political party has the meaning given
by section 62C;
relevant citizenship law means the Australian
Citizenship Act 1948 of the Commonwealth, as amended and in force
immediately before the day fixed by proclamation for the purposes of
section 2(2) of the Australian Citizenship Amendment Act 1984 , of
the Commonwealth, and the regulations in force immediately before that day
under the Australian Citizenship Act 1948 of the Commonwealth, as so
amended and in force;
relevant number , in relation to an election in a
region, means the number of members of the Council that are to be returned at
the election;
Returning Officer includes Deputy Returning
Officer;
roll means an electoral roll under this Act;
secretary , in relation to a political party,
means the person who holds the office of secretary or chief administrative
officer (however described) of the party;
single member election means —
(a) an
election in a district; or
(b) an
election in a region where the relevant number is one;
Speaker means the Speaker of the Legislative
Assembly;
sub-district means a portion of a district the
boundaries of which have been defined under the provisions of
section 100;
voting ticket means a written statement of a
particular order in which an elector might allocate preferences, in an
election, being a statement for use under this Act in interpreting the votes
of electors who choose to vote in accordance with the voting ticket;
voting ticket square means a square printed on a
ballot paper to indicate in relation to the name of a candidate, or the names
of candidates included in a group, that a voting ticket is registered in
relation to that candidate or group;
writ means a writ directing the Electoral
Commissioner to proceed with an election in a district, elections in all the
districts, an election in a region or elections in all the regions.
(2) A reference in
this Act to a poll for a district or an election in or for a district is a
reference to a poll or an election for the return by a district of a member of
the Assembly.
(3) A reference in
this Act to a poll for a region or an election in or for a region is a
reference to a poll or election for the return by a region of a member or
members, as the case may require, of the Council but does not include the
election of a member of the Council under sections 156C and 156D.
(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 —
(a) 7
members of the Council in the case of the North Metropolitan Region or the
South West Region; or
(b) 5
members in any other case.
(5) A reference in
this Act to the functions of the Electoral Commissioner is a reference to his
functions under this Act and other written laws.
[Section 4 amended by No. 44 of 1911
s. 2; No. 63 of 1948 s. 3; No. 34 of 1953 s. 2;
No. 51 of 1962 s. 2; No. 33 of 1964 s. 4; No. 68 of
1964 s. 3; No. 28 of 1970 s. 3; No. 39 of 1979 s. 4
and 5; No. 9 of 1983 s. 3 and 29; No. 54 of 1983
s. 2; No. 66 of 1983 s. 3; No. 104 of 1985 s. 3;
No. 40 of 1987 s. 17 and 84; No. 14 of 1996 s. 4;
No. 43 of 1996 s. 4; No. 36 of 2000 s. 4, 28(1), 43, 62,
67 and 82; No. 64 of 2006 s. 13.]