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LOCAL GOVERNMENT ACT 1995 - SECT 4.32

LOCAL GOVERNMENT ACT 1995 - SECT 4.32

4.32 .         Eligibility to enrol under s. 4.30, how to claim

        (1)         A person who considers that he or she is eligible under section 4.30(1)(a) and (b) may make an enrolment eligibility claim in respect of the district or ward.

        (2)         The claim must —

            (a)         be made to the CEO in accordance with regulations; and

            (b)         without limiting paragraph (a), include, or be accompanied by, the following —

                  (i)         any statutory declaration required under regulations;

                  (ii)         any other prescribed information, document or item.

        (3)         A claim for enrolment as an occupier cannot be accepted unless —

            (a)         the claimant has had a right of occupation as referred to in section 4.31(1C) for the whole period of 12 months ending on the day before the day on which the claim is made; and

            (b)         if so prescribed (but without limiting paragraph (e)) — the claimant has paid rent in respect of the right of occupation referred to in paragraph (a) of at least the prescribed amount; and

            (c)         the claimant has a right of occupation as referred to in section 4.31(1C) for the whole period of 3 months beginning on the day on which the claim is made; and

            (d)         if so prescribed (but without limiting paragraph (e)) — the claimant is liable to pay rent in respect of the right of occupation referred to in paragraph (c) of at least the prescribed amount; and

            (e)         any prescribed requirements are met.

        (3A)         The right of occupation referred to in subsection (3)(a) —

            (a)         must be for —

                  (i)         the rateable property to which the claim relates; or

                  (ii)         another rateable property which is situated (wholly or partly) in the district;

                and

            (b)         for different parts of the 12-month period, may be for different rateable properties.

        (3B)         The right of occupation referred to in subsection (3)(c) must be for the rateable property to which the claim relates.

        (3C)         The requirements that may be prescribed for the purposes of subsection (3)(e) include (without limitation) the following —

            (a)         requirements relating to whether any person is or was enrolled, or is or was regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of a residence that is a relevant rateable property;

            (b)         other requirements relating to the current, past or future ownership, occupation or use of a relevant rateable property.

        (3D)         In subsection (3C) —

        relevant rateable property means —

            (a)         the rateable property to which the claim relates; or

            (b)         another rateable property that is relevant to the claim under subsection (3A).

        (3E)         In subsections (3A) to (3D) —

            (a)         subject to paragraph (b), references to a rateable property include a portion of a rateable property as described in section 4.31(1D)(a) or (b); and

            (b)         if the claim relates to a portion of a rateable property as described in section 4.31(1D)(a) or (b) — references to the rateable property to which the claim relates are to that portion.

        (4)         Except as provided for in subsection (5A), within 14 days after receiving an enrolment eligibility claim, the CEO must —

            (a)         decide —

                  (i)         whether the claimant is eligible under section 4.30(1)(a) and (b); and

                  (ii)         if applicable — whether the requirements under subsection (3)(a) to (e) are met;

                and

            (b)         accept or reject the claim accordingly.

        (5A)         If a claim is made before the close of enrolments as defined in section 4.39(1), but less than 14 days before the close of nominations as defined in section 4.49(a), the CEO is to decide whether to accept or reject the claim before the close of nominations.

        (5)         The CEO can make any inquiries needed in order to make a decision.

        (6)         The CEO is to record the decision in a register kept for that purpose in accordance with regulations and is to give written notice of the decision to the claimant without delay.

        (7)         If the claim is rejected the notice has to set out the CEO’s reasons for the decision.

        (7A)         Regulations may make provision in relation to how the CEO’s reasons are to be set out.

        (8)         A person who is dissatisfied with the CEO’s decision may appeal to the Electoral Commissioner in accordance with regulations and the Electoral Commissioner can confirm or reverse the decision.

        (8A)         Regulations may make provision in relation to the conduct of an appeal, including (without limitation) provision restricting, or authorising the Electoral Commissioner to restrict, the information, documents or items upon which an appellant can rely.

        (9)         On receipt of advice of the Electoral Commissioner’s decision on an appeal, the CEO is to take any action that is necessary to give effect to that decision.

        [Section 4.32 amended: No. 64 of 1998 s. 20; No. 49 of 2004 s. 33; No. 17 of 2009 s. 14; No. 16 of 2019 s. 12; No. 11 of 2023 s. 30.]