Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every person who
is entitled to have his name placed on the roll for any district or
sub-district, otherwise than under section 17(4a) and whose name is not
on the roll upon the expiration of 21 days from the date upon which he
became so entitled, or at any subsequent date while he continues to be so
entitled, shall be guilty of an offence unless he proves that his
non-enrolment is not in consequence of his failure to send or deliver to the
Electoral Commissioner, a claim in the prescribed form duly filled in and
signed in accordance with the directions printed thereon.
Penalty: $50.
(2) Every person
(including a person whose residence, in pursuance of a request made under
section 51B is not entered on a roll) who is enrolled on the roll of any
district or sub-district, and who changes his place of living from one address
in the district or sub-district to another address therein, shall within
21 days after the change, give notice in writing of the new address to
the Electoral Commissioner.
Penalty: $50.
(3) The fact that the
name of any elector who has become entitled to have his name enrolled on any
roll has not been enrolled thereon within 21 days after he became so
entitled shall be prima facie evidence of a contravention on his part of the
provisions of subsection (1).
(3a) Where a person
fails to have his name placed on a roll as provided in subsection (1) or
fails to comply with the provisions of subsection (2), if the Electoral
Commissioner is satisfied that such failure was in consequence of the physical
incapacity, mental illness or mental disorder of that person, the failure
shall be deemed not to be a contravention of this section.
(4) The Electoral
Commissioner or the enrolment officer shall issue a receipt to an elector for
each claim received from the elector.
(5) Where a person
sends a claim to the Electoral Commissioner for enrolment on the relevant
roll, proceedings shall not be instituted against the person for any offence
against subsection (1) before the claim was sent.
(6) Where a person
sends a notice in writing of a new address to the Electoral Commissioner,
proceedings shall not be instituted against the person for any offence against
subsection (2) committed before the notice was sent.
[Section 45 inserted by No. 59 of 1919
s. 3; amended by No. 58 of 1951 s. 4; No. 51 of 1962
s. 4; No. 33 of 1967 s. 7; No. 28 of 1970 s. 6;
No. 70 of 1973 s. 4; No. 39 of 1979 s. 5; No. 66 of
1983 s. 4; No. 76 of 1984 s. 8; No. 40 of 1987 s. 84;
No. 79 of 1987 s. 10 and 77; No. 36 of 2000 s. 28(1).]