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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment Bill (No. 2) 2008
CONTENTS
Part 1 - Preliminary
1. Short title 2
2. Commencement 2
Part 2 - Electoral Act 1907 amended
3. The Act amended 3
4. Section 4 amended 3
5. Section 17 amended 3
6. Section 17B inserted 3
17B. Electors with no fixed address enrolled
under Commonwealth Act 3
7. Section 18 amended 4
8. Section 40 amended 5
9. Section 59 amended 5
10. Section 62 repealed 5
11. Section 90 amended 6
12. Section 93 amended 6
13. Section 175 amended 6
14. Section 175A amended 7
15. Section 175C amended 7
16. Section 175ZF amended 8
17. Section 183 amended 8
Part 3 - Electoral (Political Finance)
Regulations 1996 amended
18. The regulations amended 9
19. Regulation 3 amended 9
285-1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Electoral Amendment Bill (No. 2) 2008
A Bill for
An Act to amend the Electoral Act 1907 and the Electoral (Political
Finance) Regulations 1996.
The Parliament of Western Australia enacts as follows:
page 1
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l Electoral Amendment Bill (No. 2) 2008 Electoral Amendment Bill (No. 2) 2008
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' Part 1 Preliminary Electoral Act 1907 amended Part 2
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s. 1 s.3
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l Part 1 - Preliminary Part 2 - Electoral Act 1907 amended
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1. Short title 3. The Act amended
This is the Electoral Amendment Act (No. 2) 2008. The amendments in this Part are to the Electoral Act 1907.
2. Commencement 4. Section 4 amended
5 This Act comes into operation as follows: 5 Section 4(4) is repealed and the following subsection is inserted
instead-
(a) Part 1- on the day on which this Act receives the
Royal Assent; "
(b) sections 13, 14, 16 and Part 3 - on the day after that (4) A reference in this Act to a full election in a region is a
day; reference to an election in a region for the return of
10 6 members of the Council.
lO (c) the rest of the Act - on a day fixed by proclamation. - , . ,,
5. Section 17 amended
Section 17(5) is amended by deleting "and section 17A" and
inserting instead -
15
" and sections 17A and 17B "
6. Section 17B inserted
After section 17 A the following section is inserted-
"
17B. Electors with no fixed address enrolled under
20 Commonwealth Act
(1) If-
(a) a person fulfils the requirements of
section l7(1)(a) and (b) but does not live in any
particular district or sub-district in the
25 State; and
(b ) the person's name appears on a roll maintained
under the Commonwealth Electoral Act 1918 in
respect of an address in a Commonwealth
subdivision in the State with which the person
page2 page 3
Electoral Amendment Bill (No. 2) 2008 Electoral Amendment Bill (No. 2) 2008
Part 2 Electoral Act 1907 amended Electoral Act 1907 amended Part 2
s. 7 s.8
has established a connection under section 96 (b) after each of paragraphs (b), (ca), (cb) and (cc) by
of that Act; and inserting-
(c) the Commonwealth roll referred to in " or ".
paragraph (b) is annotated to indicate that the
5 person is an itinerant elector under the 8. Section 40 amended
Commonwealth Electoral Act 1918 section 96, 5 Section 40(1a) is amended by deleting "or 17 A." and inserting
the person is to be enrolled on the roll for the district or instead-
sub-district in which the address referred to in " , 17A or 17B. "
paragraph (b) is situated.
10 (2) While the name of the person continues to be included 9. Section 59 amended
on the Commonwealth roll referred to in ( 1) Section 59( 1) is amended in the definition of "prisoner" by
subsection ( 1)(b) with the annotation referred to in 10 deleting "section 18(b) to (cd)" and inserting instead -
subsection (l)(c), the person is entitled -
" section 18(1)(b) to (cd) ".
(a) to remain enrolled on the roll for the district or
15 sub-district referred to in subsection (l); and (2) After section 59(3) the following subsection is inserted-
(b) to vote at - "
(i) any election in the region of which the (4) If required information is forwarded to the Electoral
district or sub-district forms part; and 15 Commissioner under subsection (2)(a)(i) or (3)(a)(i) in
(ii) any election in the district or the district relation to a person referred to in section 18(l)(c), the
20 of which the sub-district forms part. 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.
7. Section 18 amended 20 "
Section 18(1) is amended as follows: 10. Section 62 repealed
(a) by deleting paragraph (c) and inserting instead - Section 62 is repealed.
25 "
(c) is serving or is yet to serve a sentence of
detention (imposed under the Young Offenders
Act 1994), or imprisonment, of 3 years or
longer; or
30 "*,
page 4 page 5
Electoral Amendment Bill (No. 2) 2008 Electoral Amendment Bill (No. 2) 2008
Part 2 Electoral Act 1907 amended Electoral Act 1907 amended Part 2
s. 11 s. 14
11. Section 90 amended 14. Section 175A amended
After section 90(1)(db) the following is inserted - After section 175A(5) the following subsection is inserted
" "
(de) is by reason of- (6A) The amount of $1 000 mentioned in the definition of
(i) serving a sentence of detention 5 "specified amount" in section 175 becomes the
5
(imposed under the Young Offenders specified amount -
Act 1994) or imprisonment; or (a) in relation to sections 1750, 175P, 175Q and
(ii) being otherwise in lawful custody or 175R(l)(b), (c) and (d)-from the end of the
detention, period of 30 days after the polling day in the
10 next general election to occur after the coming
10 precluded from attending at a polling place; or into operation of the Electoral Amendment Act
" (No. 2) 2008 section 13; and
12. Section 93 amended (b) in relation to sections 175N, 175R(l)(a)
and 175ZE- on and from 1 July 2009,
Section 93(1) is amended as follows:
15 and until then the amount of $1 800 published by the
(a) after paragraph (c) by deleting the comma and inserting
Electoral Commissioner in the Gazette on
15 instead-
18 March 2005 remains the specified amount.
" "
; or
(d) who is entitled to vote under section 17A(2); or 15. Section 175C amended
(e) who is serving a sentence of detention (imposed 20 Section 175C(2) is amended by deleting", the candidate is the
20 under the Young Offenders Act 1994) or agent in relation to the election." and inserting instead-
imprisonment, "
"*
'
(b) after each of paragraphs (a) to (ab) by inserting- (a) if the candidate has been endorsed by a political
" or " 25 party, the agent of the political party is the
agent of the candidate in relation to the
25 13. Section 175 amended election; or
Section 175 is amended in the definition of "specified amount" (b) if paragraph (a) does not apply, the candidate is
by deleting "$1 500" and inserting instead - the agent in relation to the election.
30 "
" $1000 "
page 6 page 7
Electoral Amendment Bill (No. 2) 2008 Electoral Amendment Bill (No. 2) 2008
Part 2 Electoral Act 1907 amended Electoral (Political Finance) Regulations 1996 amended Part 3
s. 16 s.18
16. Section 175ZF amended Part 3 - Electoral (Political Finance)
Section 175ZF(2)(a) is amended as follows: Regulations 1996 amended
(a) by deleting "$1 500" and inserting instead - 18. The regulations amended
" $1 000 ";
The amendments in this Part are to the Electoral (Political
5 (b) by deleting "Electoral Amendment (Political Finance) 5 Finance) Regulations 1996.
Act 1992" and inserting instead -
" 19. Regulation 3 amended
Electoral Amendment Act (No. 2) 2008 (1) Regulation 3(2) is amended as follows:
section 13
10 " (a) in the formula, by deleting "$1 500" and inserting
instead-
17. Section 183 amended 10 " $1 000 ";
Section 183(6) is repealed. (b) in the definition of "B", by deleting "these regulations"
and inserting instead -* *
"
the Electoral Amendment Act (No. 2) 2008
15 section 13
"
(2) Regulation 3(4) is amended by deleting "$1 500" and inserting
instead-
" $1 000 ".
20 (3) After regulation 3(4) the following subregulation is inserted
"
(5) A calculation that the Electoral Commissioner would
otherwise be required by subregulation (2) to perform
at any time between the corning into operation of the
25 Electoral Amendment Act (No. 2) 2008 section 13 and
1 July 2009 is not to be performed.
"
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