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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Legislation Amendment
Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Constitution Acts
Amendment Act 1899 amended
3. The Act amended in this Part 3
4. Section 7 repealed 3
5. Section 15 repealed 3
6. Section 20 repealed 3
7. Section 33 amended 3
8. Section 35 repealed 3
9. Section 38 amended 3
10. Section 40 amended 4
Part 3 -- Electoral Act 1907 amended
11. The Act amended in this Part 5
12. Long title amended 5
13. Section 4 amended 5
14. Section 5D amended 5
15. Section 5F amended 7
16. Section 17 amended 7
17. Section 17A inserted 8
17A. Enrolled voters leaving Australia and
retaining enrolment under Commonwealth
Act 8
18. Section 18 amended 9
19. Section 22 amended 9
158--4 page i
Electoral Legislation Amendment Bill 2006
Contents
20. Section 25 amended 10
21. Section 25A amended 10
22. Sections 25B to 25E inserted 12
25B. Availability of enrolment information to
others 12
25C. Provision of enrolment information to
government organisations 13
25D. Use of enrolment information 13
25E. Prohibition of disclosure or commercial
use of enrolment information 14
23. Section 40 amended 15
24. Section 48 amended 15
25. Section 59 replaced 15
59. Returns in respect of certain prisoners and
other persons under detention 15
26. Section 60 amended 18
27. Sections 76A and 76B inserted and saving
provision 18
76A. Qualification of persons for election 18
76B. Disqualification of persons for election 19
28. Section 77 amended 20
29. Section 90 amended 21
30. Section 92 amended 23
31. Section 118 repealed 26
32. Section 119 amended 26
33. Section 120 amended 27
34. Section 122 amended 27
35. Section 129 amended 27
36. Section 137 amended 28
37. Section 146C amended 29
38. Section 147 amended 29
39. Section 149A inserted 30
149A. Election of unqualified or disqualified
person void 30
40. Section 153 amended 30
41. Section 156 amended 30
42. Section 180 amended 30
43. Section 182 amended 31
44. Section 187B inserted 31
187B. Publication of electoral advertisements on
the internet 31
45. Section 188 replaced 32
188. Punishment for illegal practices 32
page ii
Electoral Legislation Amendment Bill 2006
Contents
46. Section 190 amended 32
47. Section 191 amended 33
48. Section 192 amended 33
49. Section 192A amended 33
50. Section 195 amended 33
51. Section 210 amended 33
52. Schedule 1 amended 33
53. Minor amendments 35
Part 4 -- Electoral Amendment
(Political Finance) Act 1992
amended
54. The Act amended in this Part 37
55. Sections 5 and 6 repealed 37
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Electoral Legislation Amendment
Bill 2006
A Bill for
An Act to amend the --
• Constitution Acts Amendment Act 1899; and
• Electoral Act 1907; and
• Electoral Amendment (Political Finance) Act 1992,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Electoral Legislation Amendment Act 2006.
2. Commencement
5 (1) This Part comes into operation on the day after the day on
which this Act receives the Royal Assent.
(2) This Act, other than this Part, comes into operation on a day
fixed by proclamation.
(3) Different days may be fixed under subsection (2) for different
10 provisions.
page 2
Electoral Legislation Amendment Bill 2006
Constitution Acts Amendment Act 1899 amended Part 2
s. 3
Part 2 -- Constitution Acts Amendment
Act 1899 amended
3. The Act amended in this Part
The amendments in this Part are to the Constitution Acts
5 Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Act Nos. 5 and 28 of 2006.]
4. Section 7 repealed
Section 7 is repealed.
10 5. Section 15 repealed
Section 15 is repealed.
6. Section 20 repealed
Section 20 is repealed.
7. Section 33 amended
15 Section 33 is amended by inserting after "Part" --
" or the Electoral Act 1907 section 149A(2) ".
8. Section 35 repealed
Section 35 is repealed.
9. Section 38 amended
20 Section 38(a) is amended by deleting "section 7 or section 20 to
be elected a member of the House of which he is a member;"
and inserting instead --
"
the Electoral Act 1907 section 76A to be
25 elected as a member of the Legislature;
".
page 3
Electoral Legislation Amendment Bill 2006
Part 2 Constitution Acts Amendment Act 1899 amended
s. 10
10. Section 40 amended
Section 40(a) is amended by deleting "section 7 or section 20 to
be elected" and inserting instead --
"
5 the Electoral Act 1907 section 76A to be
elected as
".
page 4
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 11
Part 3 -- Electoral Act 1907 amended
11. The Act amended in this Part
The amendments in this Part are to the Electoral Act 1907*.
[* Reprint 13 as at 9 September 2005.
5 For subsequent amendments see Act No. 34 of 2004.]
12. Long title amended
The long title is amended by inserting after "elections" --
" and for related purposes ".
13. Section 4 amended
10 (1) Section 4(1) is amended by inserting in the appropriate
alphabetical positions --
"
"authorised witness" has the meaning given by
section 94;
15 "enrolment information" means a roll, information
on a roll or other information relating to electors;
".
(2) Section 4(1) is amended by deleting the definition relating to
"print", "printed" or "printing".
20 14. Section 5D amended
(1) After section 5D(3) the following subsections are inserted --
"
(4) The Governor, on the recommendation of the Premier,
may appoint an Acting Deputy Electoral Commissioner
25 to act in the office of the Deputy Electoral
Commissioner --
(a) when the Deputy Electoral Commissioner is
absent from duty for any reason or is absent
from the State; or
page 5
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 14
(b) when the Deputy Electoral Commissioner is
acting in the office of Electoral Commissioner
under section 5H(2); or
(c) when the Deputy Electoral Commissioner has
5 been suspended; or
(d) when the office of Deputy Electoral
Commissioner is vacant.
(5) Before making a recommendation under subsection (4)
the Premier shall consult with the Parliamentary leader
10 of each party in the Parliament.
(6) While the Acting Deputy Electoral Commissioner is so
acting --
(a) he may perform the functions of the Deputy
Electoral Commissioner, and anything done by
15 him in so performing those functions has the
like effect as if it were done by the Deputy
Electoral Commissioner;
(b) any act or thing that is required under a written
law to be done to, by reference to or in relation
20 to the Deputy Electoral Commissioner shall be
regarded as effectually done if done to, by
reference to or in relation to the Acting Deputy
Electoral Commissioner.
".
25 (2) Section 5D(1) is amended by inserting after paragraph (a) --
" or ".
page 6
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 15
15. Section 5F amended
Section 5F(1) is amended as follows:
(a) by deleting paragraph (ea) and inserting instead --
"
5 (ea) may conduct other elections, referendums or
polls --
(i) if authorised to do so under another
written law; or
(ii) if they are provided for under another
10 written law and the regulations
authorise the Electoral Commissioner to
conduct them;
and
";
15 (b) after each of paragraphs (a) to (e), (eb) and (f) by
inserting --
" and ".
16. Section 17 amended
(1) Section 17(2) is amended by inserting after "elector" --
20 " enrolled under subsection (1) ".
(2) Section 17(3) is amended by deleting "who is not disqualified
by section 18".
(3) Section 17(5) is amended by inserting after "subsection (4)" --
" and section 17A ".
page 7
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 17
17. Section 17A inserted
After section 17 the following section is inserted --
"
17A. Enrolled voters leaving Australia and retaining
5 enrolment under Commonwealth Act
(1) This section applies to a person if --
(a) the name of the person appeared on --
(i) the roll for a district or sub-district; and
(ii) the electoral roll maintained under the
10 Commonwealth Electoral Act 1918 for a
Commonwealth subdivision in the State,
in respect of the same address; and
(b) by virtue of an application made under the
Commonwealth Electoral Act 1918
15 section 94(1) before the person ceased to reside
in Australia, the name of the person is retained
on the electoral roll maintained under that Act
for the Commonwealth subdivision referred to
in paragraph (a)(ii); and
20 (c) the Commonwealth roll referred to in
paragraph (b) is annotated to indicate that the
person is an eligible overseas elector under the
Commonwealth Electoral Act 1918 section 94.
(2) While the name of the person continues to be included
25 on the Commonwealth roll referred to in
subsection (1)(b) with the annotation referred to in
subsection (1)(c) --
(a) the name of the person is to be retained on the
roll for the district or sub-district referred to in
30 subsection (1)(a)(i); and
page 8
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 18
(b) the person is entitled to vote at --
(i) any election in the region of which the
district or sub-district forms part; and
(ii) any election in the district or the district
5 of which the sub-district forms part.
".
18. Section 18 amended
(1) Section 18 is amended as follows:
(a) by inserting before "Every" the subsection designation
10 "(1)";
(b) by deleting "being enrolled as an elector, or if enrolled,
from";
(c) in paragraph (c) by deleting ", totalling one year or
longer".
15 (2) At the end of section 18 the following subsection is inserted --
"
(2) A person mentioned in subsection (1)(a), (b) or (d) is
disqualified from being enrolled as an elector.
".
20 19. Section 22 amended
(1) Section 22(1) is amended as follows:
(a) by deleting "Subject to section 51B, rolls" and inserting
instead --
" Rolls ";
25 (b) by deleting "residence of each elector" and inserting
instead --
"
, subject to section 51B, the residence in respect of
which each elector is enrolled
30 ".
page 9
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 20
(2) Section 22(2) is amended by deleting "or derived from rolls is
made available under section 25 or provided under
section 25A." and inserting instead --
"
5 rolls or other information relating to electors is
provided or made available under section 25A, 25B
or 25C.
".
20. Section 25 amended
10 (1) Section 25(2), (3) and (4) are repealed.
(2) Section 25(5) is amended by deleting "or information on rolls".
Note: The heading to section 25 will be altered by deleting "and purchase".
21. Section 25A amended
Section 25A(1) is amended as follows:
15 (a) in paragraph (a) by inserting after "region" --
"
and the prescribed information relating to each
elector
";
20 (b) in paragraph (b) by inserting after "elected" --
"
and the prescribed information relating to each
elector for each district in the region
";
25 (c) in paragraph (c) by deleting "elected;" and inserting
instead --
"
elected and the prescribed information relating
to each elector for the district.
30 ";
page 10
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 21
(d) in paragraphs (b) and (c) by deleting "Legislative";
(e) by deleting paragraph (d).
(2) After section 25A(1) the following subsection is inserted --
"
5 (1a) In subsection (1) --
"prescribed information" relating to an elector
means --
(a) the elector's postal address; and
(b) details of when the particulars on the roll
10 relating to the elector were entered or most
recently changed; and
(c) the local government district in which, and if
that district is divided into wards the ward in
which, the elector's residence is situated.
15 ".
(3) Section 25A(4) and (5) are repealed and the following
subsections are inserted instead --
"
(4) If by virtue of section 51B information is not shown on
20 a roll, that information is not to be provided under this
section.
(5) Without limiting subsection (1) or (2), the Electoral
Commissioner may comply with a requirement of this
section by providing the required enrolment
25 information in the form of particulars recorded or
stored on a mechanical, electrical, or other device.
".
page 11
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 22
22. Sections 25B to 25E inserted
After section 25A the following sections are inserted --
"
25B. Availability of enrolment information to others
5 (1) Subject to this section, the Electoral Commissioner
may, at the request of a person or organisation not
referred to in section 25A, make enrolment information
available to that person or organisation.
(2) Enrolment information is not to be made available
10 under this section unless the Electoral Commissioner
considers that the public interest in making the
enrolment information available outweighs the public
interest in protecting the privacy of personal
information.
15 (3) The Electoral Commissioner must obtain from the
person or organisation to which enrolment information
is to be made available under this section an
undertaking that the person or organisation --
(a) will only use the enrolment information for the
20 purpose for which the Commission agreed to
make it available; and
(b) will not copy the enrolment information or give
it to any other person or organisation; and
(c) will return the enrolment information to the
25 Electoral Commissioner or destroy the
enrolment information after using it for the
purpose for which the Electoral Commissioner
agreed to make it available.
(4) If by virtue of section 51B information is not shown on
30 a roll, that information is not to be made available
under this section.
page 12
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 22
(5) The regulations may provide that if by virtue of
section 51B information relating to a person is not
shown on a roll, that person's name may be omitted
when the Electoral Commissioner makes enrolment
5 information available under this section.
(6) The Electoral Commissioner may charge a fee that
covers the cost of making enrolment information
available under this section.
25C. Provision of enrolment information to government
10 organisations
The Electoral Commissioner may provide enrolment
information to a department or organisation as defined
in the Public Sector Management Act 1994 section 3(1)
by arrangement with its chief executive officer or chief
15 employee.
25D. Use of enrolment information
(1) A person or organisation that has acquired enrolment
information under section 25A, 25B or 25C must not
use that enrolment information except for a permitted
20 purpose.
Penalty: $1 000.
(2) In this section --
"permitted purpose" means --
(a) for a member of the Council or a member of
25 the Assembly --
(i) the exercise of the member's functions;
or
(ii) a purpose connected with an election or
referendum; or
30 (iii) monitoring the accuracy of information
in the roll; or
page 13
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 22
(iv) research regarding electoral matters;
and
(b) for a parliamentary party --
(i) the exercise by a party member of the
5 member's function as a member of the
Council or the Assembly; or
(ii) a purpose connected with an election or
referendum; or
(iii) monitoring the accuracy of information
10 in the roll; or
(iv) research regarding electoral matters;
and
(c) for a person or organisation to whom or
which enrolment information is made
15 available under section 25B, the purpose for
which the Electoral Commissioner agreed to
make the enrolment information available;
and
(d) for a department or organisation referred to
20 in section 25C, use in connection with the
functions of that department or organisation.
25E. Prohibition of disclosure or commercial use of
enrolment information
(1) For the purposes of this section, enrolment information
25 is protected information in relation to a person if the
person knows, or has reasonable grounds for believing,
that the information has been provided or made
available under section 25A, 25B or 25C.
(2) A person must not disclose protected information
30 unless the disclosure would be a use of the information
for a permitted purpose under section 25D.
Penalty: $1 000.
page 14
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 23
(3) A person must not use protected information for a
commercial purpose.
Penalty: $10 000.
".
5 23. Section 40 amended
After section 40(1) the following subsection is inserted --
"
(1a) Subsection (1)(b)(iii) does not apply to a person whose
name is on the existing roll because of section 17(4) or
10 17A.
".
24. Section 48 amended
Section 48(2)(b) is amended by deleting "$2" and inserting
instead --
15 " $50 ".
25. Section 59 replaced
Section 59 is repealed and the following section is inserted
instead --
"
20 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
25 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
30 section 18(b) to (cd) who is detained in a prison;
page 15
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 25
"required information", in relation to a person,
means that person's name, address, date of birth,
occupation and sex;
"secretary, Mentally Impaired Accused Review
5 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
10 month --
(a) the chief executive officer, prisons must
forward to the Electoral Commissioner --
(i) a list containing the required
information for each person who
15 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
20 month;
and
(b) the secretary, Mentally Impaired Accused
Review Board must forward to the Electoral
Commissioner --
25 (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
30 information for each person who ceased
to be a mentally impaired accused
during the preceding month.
page 16
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 25
(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 --
5 (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
10 (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);
15 and
(b) the secretary, Mentally Impaired Accused
Review Board must forward to the Electoral
Commissioner --
(i) a list containing the required
20 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
25 (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).
30 ".
page 17
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 26
26. Section 60 amended
(1) Section 60(1) is amended by deleting "the lists referred to in
section 56(a) and section 59," and inserting instead --
" a list under section 56, ".
5 (2) After section 60(1) the following subsections are inserted --
"
(2) Upon receipt of a list under section 59(2)(a)(i),
(2)(b)(i), (3)(a)(i) or (3)(b)(i), the Electoral
Commissioner shall cause the names of the persons on
10 the list who are enrolled as electors to be ascertained
and cause the roll to be annotated in a manner that will
enable those persons to be identified for the purposes
of section 18(1).
(3) Upon receipt of a list under section 59(2)(a)(ii),
15 (2)(b)(ii), (3)(a)(ii) or (3)(b)(ii), the Electoral
Commissioner shall cause the names of the persons
who are on the list, and in respect of whom there is an
annotation under subsection (2), to be ascertained and
cause that annotation to be removed from the roll.
20 ".
Note: The heading to section 60 will be altered to "Removal of names from,
and annotation of, roll".
27. Sections 76A and 76B inserted and saving provision
(1) Before section 77 the following sections are inserted in Part IV
25 Division (2) --
"
76A. Qualification of persons for election
(1) Unless this Act or another enactment provides
otherwise, a person who --
30 (a) has reached the age of 18; and
(b) is not subject to any legal incapacity; and
page 18
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 27
(c) is an Australian citizen; and
(d) has resided in the State for one year; and
(e) is an elector entitled to vote at an election in a
district,
5 is qualified to be elected as a member of the Council or
the Assembly.
(2) The reference in subsection (1)(e) to an elector entitled
to vote at an election in a district includes a reference
to a person if --
10 (a) the person is qualified to be an elector entitled
to vote at an election in a district; and
(b) the person's name appeared on a roll or the
person has made a claim for enrolment; and
(c) by mistake, the Electoral Commissioner or an
15 enrolment officer has omitted or removed the
person's name from a roll or has not included
the person's name on a roll.
76B. Disqualification of persons for election
(1) A person to whom the Constitution Acts Amendment
20 Act 1899 section 32 or 34(1) applies is disqualified
from being elected as a member of the Council or the
Assembly.
(2) A person to whom the Constitution Acts Amendment
Act 1899 section 34(2) applies is disqualified from
25 being elected as a member of the House of which the
person is not a member.
".
(2) A person who is a member of the Legislative Assembly or the
Legislative Council immediately before the commencement --
30 (a) does not become disqualified, on the commencement,
for membership of the Legislative Assembly or the
page 19
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 28
Legislative Council for the purposes of the Constitution
Acts Amendment Act 1899 section 38(a) or 40(a); and
(b) is not prevented from completing his or her current term
as a member,
5 by reason only of not being an Australian citizen as defined in
the Electoral Act 1907 section 4(1).
(3) A person who has been elected as a member of the Legislative
Council but has not begun his or her term as a member before
the commencement --
10 (a) does not become disqualified, on the commencement for
membership of the Legislative Assembly or the
Legislative Council for the purposes of the Constitution
Acts Amendment Act 1899 section 38(a) or 40(a); and
(b) is not prevented from beginning and completing his or
15 her term as a member,
by reason only of not being an Australian citizen as defined in
the Electoral Act 1907 section 4(1).
(4) In subsections (2) and (3) --
"commencement" means the coming into operation of this
20 section.
28. Section 77 amended
(1) After section 77(3) the following subsection is inserted --
"
(3a) If a person who is not qualified under section 76A
25 nominates himself as a candidate in an election, the
nomination is invalid.
".
(2) Section 77(4) is amended in the penalty by deleting "$200." and
inserting instead --
30 " $1 000. ".
page 20
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 29
29. Section 90 amended
(1) Section 90(1) is amended as follows:
(a) in paragraph (e) by deleting "those hours;" and inserting
instead --
5 " those hours, ";
(b) by deleting paragraph (f);
(c) after each of paragraphs (a) to (db) by inserting --
" or ".
(2) Section 90(1a) is amended as follows:
10 (a) by deleting paragraph (e) and "or" after it and inserting
instead --
"
(e) a registrar as defined in the Magistrates Court
Act 2004 section 3, other than a Deputy
15 Registrar appointed under section 26(5) of that
Act; or
";
(b) after each of paragraphs (a) to (d) by inserting --
" or ".
20 (3) Section 90(3a) is amended as follows:
(a) by deleting paragraph (c) and inserting instead --
"
(c) be sent to an issuing officer by post.
";
25 (b) after paragraph (a) by inserting --
" and ".
(4) Section 90(4)(c) is amended by deleting "post to the elector or
deliver to him at the place of issue" and inserting instead --
" issue to the elector by post -- ".
page 21
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 29
(5) Section 90(4b) is amended as follows:
(a) by deleting "deliver" and inserting instead --
" issue ";
(b) in paragraph (a) by deleting "and a declaration in the
5 form so prescribed";
(c) by deleting paragraph (b) and inserting instead --
"
(b) an envelope marked "ballot paper",
".
10 (6) After section 90(4b) the following subsection is inserted --
"
(4c) Immediately on issuing the ballot paper and envelope
to the elector under subsection (4b), the issuing officer
shall --
15 (a) if a copy of the electoral roll is available, make
a record of the elector's name on a copy of the
roll in the manner prescribed for the purposes
of section 126(1); or
(b) if a copy of the electoral roll is not available --
20 (i) issue the elector with a declaration in
the prescribed form; and
(ii) make a record of the name of the elector
and of such other particulars as are
prescribed.
25 ".
(7) Section 90(8) is amended as follows:
(a) in paragraph (a) by inserting after "elector an" --
" oral ";
(b) in paragraph (b) by inserting after "section" --
30 " and section 92(3) ".
page 22
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 30
(8) Section 90(10) is amended in the penalty by deleting "$4 000
or".
(9) Section 90(12) is repealed.
Note: The heading to section 90 will be altered to "Applications for early
5 ballot papers".
30. Section 92 amended
(1) After section 92(1) the following subsection is inserted --
"
(1a) Subsection (2) applies if an elector is issued with an
10 early ballot paper under section 90(4)(c).
".
(2) After section 92(2)(e) the following paragraph is inserted --
"
(f) The elector shall, before the close of the poll, post or
15 deliver the envelope, or cause it to be posted or
delivered, to the Electoral Commissioner.
".
(3) Section 92(4) is repealed and the following subsections are
inserted instead --
20 "
(3) If an elector is issued with an early ballot paper under
section 90(4b) --
(a) the elector shall, if issued with a declaration
under section 90(4c)(b), complete the
25 declaration before the issuing officer and return
it to the officer; and
(b) the elector shall indicate the elector's vote on
the early ballot paper in the manner prescribed
by section 128, but so that neither the issuing
30 officer nor any other person can see the vote;
and
page 23
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 30
(c) the elector shall fold the ballot paper, put it in
the envelope marked "ballot paper", fasten the
envelope and return it to the issuing officer.
(4) An issuing officer who receives a declaration under
5 subsection (3)(a) shall sign the declaration as the
authorised witness and add the date he signs and his
address at that date.
(4aa) An issuing officer shall send any declaration signed
under subsection (4) and any envelope received under
10 subsection (3)(c) to the Electoral Commissioner
forthwith.
".
(4) Section 92(4a) is amended as follows:
(a) by deleting "the elector" and inserting instead --
15 "
an elector who votes as directed under subsection (2)
";
(b) in paragraph (a) by deleting "(4)" and inserting
instead --
20 " (2)(f) ";
(c) in paragraph (b) by deleting "(4)" and inserting
instead --
" (2)(f) ".
(5) Section 92(5) is amended as follows:
25 (a) by deleting paragraph (a) and inserting instead --
"
(a) If an elector cannot vote without assistance because the
elector is sight impaired, physically incapacitated or
illiterate, the elector may nominate a person (other than
30 a candidate at the election) to assist the elector, and the
nominated person must, in accordance with the
page 24
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 30
directions of the elector, do any act required or
authorised by subsection (2), (3) or (4a).
";
(b) in paragraph (b) by deleting "An elector" and inserting
5 instead --
"
If the elector has been issued with a declaration
under section 90(4)(c) or 90(4c)(b), the person
";
10 (c) after paragraph (b) by inserting --
"
(baa) If the elector's name has been recorded under
section 90(4c)(a), a person appointed under
paragraph (a) must give the issuing officer his full
15 name and address and satisfy the issuing officer that he
has been appointed by the elector to mark the ballot
paper for the elector.
";
(d) in paragraph (ba) by deleting "(4)" and inserting
20 instead --
" (3)(c) ";
(e) after paragraph (d)(i) by inserting --
" and ".
(6) Section 92(6) is amended after "issued" by inserting --
25 " under section 90(4)(c) ".
(7) Section 92(8) is amended by deleting "the declarations relating
to the" and inserting instead --
" declarations relating to ".
(8) Section 92(9) is amended as follows:
30 (a) in paragraph (d) by inserting after "(2)(b)" --
" or (3)(a) ";
page 25
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 31
(b) by inserting after paragraphs (a) and (b) --
" or ".
(9) Section 92(10) is amended as follows:
(a) in paragraph (a) by deleting "the declaration" and
5 inserting instead --
" a declaration ";
(b) in paragraph (b) by deleting "the declaration" in the first
2 places where it occurs and inserting instead --
" a declaration ";
10 (c) in paragraph (b) by deleting "the early" in the first place
where it occurs and inserting instead --
" an early ".
31. Section 118 repealed
Section 118 is repealed.
15 32. Section 119 amended
Section 119(1) is repealed and the following subsection is
inserted instead --
"
(1) The presiding officer shall put to any person claiming
20 to vote at any election the following questions --
(a) Have you cast an early vote for this election (or
these elections, as the case requires) or already
voted today?
(b) What is your full name?
25 (c) Where do you live?
and may then put any other question the presiding
officer considers necessary to determine whether the
person is enrolled to vote.
".
page 26
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 33
33. Section 120 amended
(1) Section 120 is amended by inserting before "If " the subsection
designation "(1)".
(2) At the end of section 120 the following subsection is inserted --
5 "
(2) If by virtue of section 51B information relating to an
elector is not shown on the roll, subsection (1) does not
apply to a refusal to answer the question put to the
elector under section 119(1)(c).
10 ".
34. Section 122 amended
Section 122(3) is amended by deleting "shall be deemed to have
made such declaration." and inserting instead --
"
15 and made a declaration as required under section 92,
shall be deemed to have made a declaration under this
section.
".
35. Section 129 amended
20 (1) Section 129(1) is repealed and the following subsections are
inserted instead --
"
(1) If an elector cannot vote without assistance because the
elector is sight impaired, physically incapacitated or
25 illiterate, the elector may nominate a person (other than
a candidate at the election or a scrutineer for a
candidate) to assist the elector, and the nominated
person must mark the elector's ballot paper according
to the directions of the elector and fold and deposit the
30 ballot paper in the ballot box.
page 27
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 36
(1a) Dealings with a ballot paper under subsection (1) are to
be conducted in the presence of such scrutineers as are
present, or, if there are no scrutineers present, then in
the presence of an electoral officer who is not the
5 person nominated to assist the elector.
".
(2) Section 129(3)(b) is amended by deleting "and folded by an
electoral officer" and inserting instead --
" , folded and deposited in a ballot box by a person ".
10 (3) Section 129(4) is amended by deleting ", or who marks and
folds a ballot paper under subsection (3)(b),".
36. Section 137 amended
(1) Section 137(1) is amended by deleting "one scrutineer" and
inserting instead --
15 " scrutineers ".
(2) Section 137(2) is amended by deleting "Such appointment" and
inserting instead --
" An appointment under subsection (1) ".
(3) After section 137(2) the following subsection is inserted --
20 "
(3) For each place where the scrutiny and count of votes
are conducted, each candidate may appoint not more
than --
(a) 2 scrutineers; or
25 (b) if counting of votes takes place simultaneously
at 2 or more locations in that place, one
scrutineer for each of those locations,
unless the Returning Officer, or Assistant Returning
Officer, as the case may be, allows a greater number.
30 ".
page 28
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 37
37. Section 146C amended
(1) Section 146C(1)(c) is amended by deleting "one scrutineer" and
inserting instead --
" not more than 2 scrutineers ".
5 (2) Section 146C(2)(a) is amended by deleting "one scrutineer" and
inserting instead --
" not more than 2 scrutineers ".
38. Section 147 amended
(1) Section 147(1) is amended as follows:
10 (a) by deleting paragraph (a) and "and" after it and inserting
instead --
"
(a) declare the result of the election and the name
of the candidate, or names of the candidates,
15 elected; and
".
(b) after paragraph (b)(i) by inserting --
" and ".
(2) After section 147(1) the following subsection is inserted --
20 "
(1a) A declaration under subsection (1) is to be made --
(a) in the case of an election in a district, within the
district at a place appointed by the Returning
Officer, unless the Electoral Commissioner
25 decides that the declaration is to be made at a
place outside the district; or
(b) in the case of an election in a region, at a place
appointed by the Electoral Commissioner.
".
page 29
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 39
39. Section 149A inserted
After section 149 the following section is inserted in Part IV
Division (5) --
"
5 149A. Election of unqualified or disqualified person void
(1) If a person not qualified under section 76A is elected as
a member of the Council or the Assembly, the election
of that person is void.
(2) If a person disqualified under section 76B(1) is elected
10 as a member of the Council or the Assembly, the
election of that person is void.
(3) If a person disqualified under section 76B(2) from
being elected as a member of a House is elected as a
member of that House, the election of that person is
15 void.
".
40. Section 153 amended
Section 153(1) is amended by deleting "$10" and inserting
instead --
20 " $100 ".
41. Section 156 amended
Section 156(9) and (10) are repealed.
42. Section 180 amended
Section 180 is amended by deleting "by a penalty not exceeding
25 $400, or".
page 30
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 43
43. Section 182 amended
Section 182 is amended by deleting "horse and carriage hire"
and inserting instead --
" transport ".
5 44. Section 187B inserted
After section 187A the following section is inserted --
"
187B. Publication of electoral advertisements on the
internet
10 (1) A person is guilty of an illegal practice if --
(a) the person publishes an electoral advertisement
on the internet or causes, permits or authorises
an electoral advertisement to be published on
the internet; and
15 (b) the electoral advertisement is intended to affect
voting in an election; and
(c) the electoral advertisement is paid for by the
person or another person; and
(d) the name and address of the person who
20 authorised the advertisement do not appear at
the end of the advertisement.
(2) Subsection (1) does not apply if the matter published
on the internet forms part of a general commentary on
an internet website.
25 ".
page 31
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 45
45. Section 188 replaced
Section 188 is repealed and the following section is inserted
instead --
"
5 188. Punishment for illegal practices
(1) Bribery or undue influence is punishable --
(a) if the offence relates to an early ballot paper or
early vote, by imprisonment for 2 years;
(b) in any other case, by imprisonment for
10 12 months.
(2) Any other illegal practice is punishable --
(a) if the offence relates to an early ballot paper or
early vote, by imprisonment for 12 months;
(b) in any other case, by a fine of $6 000.
15 ".
46. Section 190 amended
Section 190 is amended in the second column of the Table of
Electoral Offences and Punishments as follows:
(a) by deleting "$300." in both places where it occurs and
20 inserting instead --
" $1 000. ";
(b) by deleting "exceeding $100." in each of the 3 places
where it occurs and inserting instead --
" exceeding $1 000. ";
25 (c) by deleting "$4." and inserting instead --
" $1 000. ";
(d) by deleting "Penalty not less than $10 nor more than
$100." and inserting instead --
" Penalty not exceeding $1 000. ".
page 32
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 47
47. Section 191 amended
Section 191(1) is amended in the penalty by deleting "$40." and
inserting instead --
" $1 000. ".
5 48. Section 192 amended
Section 192(4) and (5) are repealed.
49. Section 192A amended
Section 192A is amended in the penalty by deleting "$100." and
inserting instead --
10 " $1 000. ".
50. Section 195 amended
Section 195(2) is amended in the penalty by deleting "$4." and
inserting instead --
" $100. ".
15 51. Section 210 amended
Section 210(1) is repealed and the following subsection is
inserted instead --
"
(1) If this Act provides for electoral matter to be
20 transmitted by post, the matter may be transmitted by
electronic means if it is practicable to do so.
".
52. Schedule 1 amended
(1) Schedule 1 clause 5 is repealed and the following clause is
25 inserted instead --
"
5.
Unless all the vacancies have been filled, the surplus votes
30 (if any) of any candidate elected under clause 4, or elected
page 33
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 52
subsequently under this clause, shall be transferred to the
continuing candidates as follows --
(a) the number of surplus votes of the elected candidate
shall be divided by the number of votes received by
5 him and the resulting fraction shall be the surplus
fraction;
(b) in relation to any particular ballot papers for surplus
votes of the elected candidate, the surplus fraction
shall be multiplied by the transfer value at which
10 those ballot papers were transferred to the elected
candidate, or by one if they expressed first
preference votes for the elected candidate, and the
product shall be the continued transfer value of
those particular ballot papers;
15 (c) the total number of ballot papers for surplus votes
of the elected candidate that each --
(i) express the next available preference for a
particular continuing candidate; and
(ii) have a particular continued transfer value,
20 shall be multiplied by that transfer value, the
number so obtained (disregarding any fraction) shall
be added to the number of votes of the continuing
candidate and all those ballot papers shall be
transferred to the continuing candidate,
25 and if on the completion of the transfer of the surplus votes
of the elected candidate to a particular continuing candidate
that candidate has received a number of votes equal to or
greater than the quota, that candidate shall be elected.
".
30 (2) Schedule 1 clause 7 is repealed.
(3) Schedule 1 clause 9 is amended by deleting "4(a) and (b)" and
inserting instead --
" 5 ".
page 34
Electoral Legislation Amendment Bill 2006
Electoral Act 1907 amended Part 3
s. 53
53. Minor amendments
The Act is amended as set out in the Table.
Table
Provision amended Amendment
section 60(1) the deletion of "56(a)" and insertion instead
of --
" 56 ".
section 61 the repeal of the section.
section 62I(2) the insertion after "one member of " of --
" the ".
section 62N(1)(c) the insertion before "decision" of --
" a ".
section 67(5) the deletion of "32(a)" and insertion
instead of --
" 32(1)(a) ".
section 75(1)(b) the deletion of "nomination" and insertion
instead of --
" declaration of nominations ".
section 77(1)(b) the insertion after "as" of --
" , or from being, ".
section 85 the deletion of "6 p.m." and insertion
instead of --
" 12 noon ".
section 87(7) the deletion of "113A" and insertion instead
of --
" 113B ".
section 92(4c)(b) the deletion of "Tuesday" and insertion
instead of --
" Thursday ".
section 100B(2a) the insertion after "The" of --
" Electoral Commissioner or the ".
section 119(7) the deletion of "or (2)".
page 35
Electoral Legislation Amendment Bill 2006
Part 3 Electoral Act 1907 amended
s. 53
Provision amended Amendment
section 141(1) the deletion of ", (b)".
section 156A the deletion of "(1)".
section 186 the deletion of "incapable of being chosen or
of sitting as" and insertion instead of --
"
disqualified from being elected as, or
from being,
".
page 36
Electoral Legislation Amendment Bill 2006
Electoral Amendment (Political Finance) Act 1992 amended Part 4
s. 54
Part 4 -- Electoral Amendment (Political Finance)
Act 1992 amended
54. The Act amended in this Part
The amendments in this Part are to the Electoral Amendment
5 (Political Finance) Act 1992*.
[* Act No. 75 of 1992.]
55. Sections 5 and 6 repealed
Sections 5 and 6 are repealed.
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