Western Australian Consolidated Acts

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ELECTORAL ACT 1907 - SECT 59

59 .         Returns in respect of certain prisoners and other persons under detention

        (1)         In this section —

        chief executive officer, prisons means the chief executive officer as defined in the Prisons Act 1981 section 3;

        mentally impaired accused has the meaning given to that term in the Criminal Law (Mentally Impaired Accused) Act 1996 Part 5;

        prisoner means a person of a kind referred to in section 18(1)(b) to (cd) who is detained in a prison;

        required information , in relation to a person, means that person’s name, address, date of birth, occupation and sex;

        secretary, Mentally Impaired Accused Review Board means the secretary of the Mentally Impaired Accused Review Board established under the Criminal Law (Mentally Impaired Accused) Act 1996 .

        (2)         As soon as practicable after the beginning of each month —

            (a)         the chief executive officer, prisons must forward to the Electoral Commissioner —

                  (i)         a list containing the required information for each person who became a prisoner during the preceding month; and

                  (ii)         a list containing the required information for each person who ceased to be a prisoner during the preceding month;

                and

            (b)         the secretary, Mentally Impaired Accused Review Board must forward to the Electoral Commissioner —

                  (i)         a list containing the required information for each person who became a mentally impaired accused during the preceding month; and

                  (ii)         a list containing the required information for each person who ceased to be a mentally impaired accused during the preceding month.

        (3)         Within 4 days after the date of the writ for an election —

            (a)         the chief executive officer, prisons must forward to the Electoral Commissioner —

                  (i)         a list containing the required information for each person who became a prisoner during the period since a list was last forwarded under subsection (2)(a)(i); and

                  (ii)         a list containing the required information for each person who ceased to be a prisoner during the period since a list was last forwarded under subsection (2)(a)(ii);

                and

            (b)         the secretary, Mentally Impaired Accused Review Board must forward to the Electoral Commissioner —

                  (i)         a list containing the required information for each person who became a mentally impaired accused during the period since a list was last forwarded under subsection (2)(b)(i); and

                  (ii)         a list containing the required information for each person who ceased to be a mentally impaired accused during the period since a list was last forwarded under subsection (2)(b)(ii).

        (4)         If required information is forwarded to the Electoral Commissioner under subsection (2)(a)(i) or (3)(a)(i) in relation to a person referred to in section 18(1)(c), the chief executive officer, prisons must include in the list containing the required information the length of the term of detention or imprisonment of the person.

        [Section 59 inserted by No. 64 of 2006 s. 25; amended by No. 7 of 2009 s. 10.]



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