Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section and sections 5C and 5E Electoral Commissioner includes
Deputy Electoral Commissioner.
(2) The Electoral
Commissioner shall be appointed by the Governor on the recommendation of the
Premier, and shall hold office in accordance with this Act.
(3) Before making a
recommendation under subsection (2) the Premier shall consult with the
Parliamentary leader of each party in the Parliament.
(4) A person appointed
as the Electoral Commissioner shall hold office for such term not exceeding
9 years as is specified in the instrument of his appointment, and is
eligible for reappointment.
(5) The Electoral
Commissioner may, at any time, by writing under his hand, addressed to the
Governor, resign his office, and on receipt of his resignation by the
Governor, he shall vacate office as Electoral Commissioner.
[(6) repealed]
(7) Subject to the
Salaries and Allowances Act 1975 , the Electoral Commissioner shall be
paid a salary at such rate as the Governor may determine; and the rate of that
salary shall not, without the consent of the Electoral Commissioner, be
reduced during the term of office of the Electoral Commissioner.
(8) The salary payable
to the holder of the office of Electoral Commissioner under this
section shall be charged to the Consolidated Account which, to the
necessary extent, is hereby appropriated accordingly.
(9) The Electoral
Commissioner is entitled to such leave of absence and such travelling and
other allowances as the Governor determines.
(10) No person who is
or has been a member of the Parliament of the Commonwealth or any State or
Territory shall be appointed as Electoral Commissioner, and if the Electoral
Commissioner is nominated for election for the Parliament of the Commonwealth,
or any other State, or a Territory he shall vacate office as Electoral
Commissioner.
(11) The Electoral
Commissioner shall not, except in so far as he is authorised so to do by
resolutions of both Houses of Parliament, hold any office of profit or trust
(other than his office as Electoral Commissioner) or engage in any occupation
for reward outside the duties of his office and if the Electoral Commissioner
contravenes this subsection he shall be regarded, for the purposes of
section 5C, as being guilty of misconduct.
(12) Section 52
of the Interpretation Act 1984 does not apply to the office of Electoral
Commissioner.
[Section 5B inserted by No. 40 of 1987
s. 20; amended by No. 6 of 1993 s. 11; No. 49 of 1996
s. 64; No. 42 of 1997 s. 8; No. 77 of 2006 s. 4.]