Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The enrolment
officer shall object to any claim if he has reason to believe that the
claimant is not entitled to be enrolled.
[(2) deleted]
(3) The following
provisions apply where the enrolment officer decides to object to a claim:
(a) The
enrolment officer shall give notice of objection to the claimant setting
forth —
(i)
the grounds of objection; and
(ii)
that unless notice of appeal is given within a time
stated (not being less than 7 days) specifying the grounds of the appeal,
the claim will be rejected.
The notice of
objection may be in the prescribed form, and a form of notice of appeal shall
be annexed thereto.
(b) If
notice of appeal is not duly given, the enrolment officer may reject the
claim.
(ba) If
notice of appeal is duly given and the enrolment officer is satisfied on the
grounds specified in the notice of appeal that the claimant is entitled to be
enrolled the enrolment officer shall withdraw the objection.
(c) If
notice of appeal is duly given and the enrolment officer is not satisfied on
the grounds specified in the notice of appeal that the claimant is entitled to
be enrolled the enrolment officer shall set down the objection for hearing by
the Electoral Commissioner, who shall appoint a day and place for the hearing.
(d) The
enrolment officer shall give notice to the claimant of the day and place
appointed for the hearing.
(e) The
Electoral Commissioner shall hear and determine the objection, and may direct
the enrolment officer to enrol the claimant or reject the claim, as he thinks
fit, but no grounds of objection shall be entertained except such as are
specifically set forth in the notice of objection.
(f) No
notice of objection shall be given by the enrolment officer between the day on
which a writ is issued for an election in the region or district, as the case
may be, and either the close of polling at such election, or if only one
candidate is nominated, the close of nominations for such election or between
the day on which a writ is issued for a referendum and the close of voting at
that referendum, but a claim may be rejected pursuant to paragraph (b) at
any time before the 14 th day next preceding the day fixed for an election in
the region or district, as the case may be, or a referendum.
(g) If
any appeal has not been heard and determined on the 14 th day next preceding
the day fixed for an election in the region or district, as the case may be,
or a referendum and the claim was received by the enrolment officer before the
time of the close of the roll, it shall be the duty of the enrolment officer
to enrol the claimant but the enrolment officer shall place a mark in the
prescribed manner against the claimant’s name when enrolled, and
section 122 applies to a person whose name is so marked.
(4)
Paragraphs (f) and (g) of subsection (3) do not apply where the
claim is for enrolment under section 17(4a) and the election is an
election referred to in section 17(4b).
[Section 47 amended by No. 44 of 1911
s. 43; No. 63 of 1948 s. 8; No. 68 of 1964 s. 9;
No. 113 of 1965 s. 8; No. 9 of 1983 s. 12; No. 54 of
1983 s. 6; No. 40 of 1987 s. 31 and 84; No. 79 of 1987
s. 11; No. 36 of 2000 s. 28(2).]