Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any name on the
roll may be objected to —
(a) by
an elector enrolled on the same roll; or
(b) by
an enrolment officer if the enrolment officer has reason to believe that the
name should not be retained on the roll.
(2) If the objection
is by an elector, the following provisions shall apply:
(a) The
objection shall be in writing lodged in duplicate with the Electoral
Commissioner, setting forth the grounds thereof, and may be in the prescribed
form.
(b) The
sum of $50 shall be deposited with the Electoral Commissioner, and shall be
forfeited if the objection is held not to be reasonable.
(ba) The
Electoral Commissioner shall cause the objection to be referred to an
enrolment officer.
(c) 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 objector and the person objected to
of the day and place appointed for the hearing, and a copy of the objection,
setting forth the ground thereof, shall be sent therewith to the person
objected to.
(e) The
person objected to, may, on the hearing of the objection,
either —
(i)
appear in person to prove his claim, or
(ii)
appear by an agent appointed in writing under his hand,
or
(iii)
forward by post, addressed to the enrolment officer, a
statement made by the person objected to and signed before another elector of
the same district or region, setting forth reasons for his remaining on the
roll.
(f) The
Electoral Commissioner shall hear and determine the objection, and may direct
the enrolment officer to retain the name on the roll, or to strike the name
off the roll, or to make such amendment as may be necessary according to such
determination; but no grounds of objection shall be entertained except such as
are specifically set forth in the objection lodged as aforesaid.
(3) If the objection
is by an enrolment officer, the following provisions shall apply:
(a) The
enrolment officer shall give notice of objection to the person objected to
setting forth —
(i)
the grounds of objection; and
(ii)
that unless notice of appeal is given specifying the
grounds of the appeal within a time stated (not being less than 7 days),
the name of the elector will be struck off the roll.
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 strike the name
off the roll.
(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 person objected to is
entitled to remain 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 person objected to is
entitled to remain 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 person objected to of the day and
place appointed for hearing.
(e) The
Electoral Commissioner shall hear and determine the objection, and may direct
the enrolment officer to retain the name on the roll, or to strike the name
off the roll, or to make such amendment as may be necessary according to such
determination; but no grounds of objection shall be entertained except such as
are specifically set forth in the notice of objection.
(4) The name of every
elector whose enrolment is objected to shall be publicly exhibited outside
such place or places as the Electoral Commissioner may direct, and maintained
there until the objection is heard and determined.
(5) No name shall be
struck from, or other amendment made to, a roll under this section during
the period from the close of the roll for an election to the close of the
polling at the election except where the name objected to was enrolled under
section 17(4a) and the election is an election referred to in
section 17(4b).
[Section 48 amended by No. 44 of 1911
s. 43; No. 63 of 1948 s. 9; No. 33 of 1964 s. 17;
No. 68 of 1964 s. 10; No. 113 of 1965 s. 8; No. 54 of
1983 s. 7; No. 40 of 1987 s. 32 and 84; No. 79 of 1987
s. 12; No. 36 of 2000 s. 28(1), (2) and (3); No. 64 of
2006 s. 24.]
[Heading amended by No. 40 of 1987
s. 33.]