Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]



           Long Title

   PART I -- Preliminary  

   1.      Short title
   2.      Commencement
   4.      Terms used
   4AA.    Official agents for the appointment of scrutineers

   PART II -- Administration  

   4A.     Western Australian Electoral Commission, nature of
   5.      Electoral Commissioner, office of established
   5A.     Deputy Electoral Commissioner, office of established
   5B.     Electoral Commissioner and Deputy Electoral Commissioner, appointment etc. of
   5C.     Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of
   5D.     Acting Electoral Commissioner etc., appointment of
   5E.     Electoral Commissioner etc., other provisions as to
   5F.     Electoral Commissioner, functions of
   5G.     Electoral Commissioner, delegation by
   5H.     Deputy Electoral Commissioner, functions of
   6.      Enrolment officers and returning officers, appointment of
   7.      Substitute for returning officer, appointment of
   9.      Returning officers, number of
   10.     Returning officer for district is deputy returning officer for region
   13.     Returning officer resigning after issue of writ, duty of
   14.     Returning officer dying etc. after issue of writ, consequences of
   15.     Temporary assistants, appointment of
   15A.    Officers to make declaration before acting etc.
   16.     People not eligible to be officer etc.

   PART IIA -- Representation in Parliament

           Division 1 -- Preliminary  

   16A.    Terms used
   16B.    Electoral Distribution Commissioners, appointment of etc.

           Division 2 -- Districts, regions and representation  

   16C.    Electoral districts, number of and MLAs for
   16D.    Electoral regions, number of and MLCs for

           Division 3 -- Division of State into districts and regions  

   16E.    Division into districts etc. required after each general election for Assembly
   16F.    Commissioners, functions of
   16G.    Districts, how State to be divided into
   16H.    Regions, how State to be divided into
   16I.    Dividing State, matters Commissioners to consider when
   16J.    District boundaries etc., Commissioners may modify etc.
   16K.    Notice under s. 16F(2)(f) of division of State, effect of
   16L.    Transitional provisions for amendments to law etc. in 2005
   16MA.   Map or maps of districts generated from digital or electronic record
   16M.    One vote one value principle, absolute majorities required for Bills affecting

   PART III -- Enrolment

           Division 1 -- Qualification of electors  

   17.     Who is entitled to be enrolled and vote
   17A.    Enrolled voter leaving Australia but staying on Cwlth roll to stay on WA roll etc.
   17B.    Elector with no fixed address on Cwlth roll, enrolment of on WA roll
   18.     People disqualified from voting and being enrolled

           Division 2 -- Electoral rolls  

   19.     Electoral rolls required
   22.     Form and content of rolls; when information can be omitted from printed etc. rolls
   23.     Rolls, arrangement of names on
   24.     Rolls, when to be printed and issued
   25.     Rolls, public inspection of
   25A.    Enrolment information, entitlement of parliamentary parties and MPs to
   25B.    Enrolment information, when available to others
   25C.    Enrolment information may be given to government departments etc.
   25D.    Enrolment information given under s. 25A, 25B or 25C, use of restricted
   25E.    Enrolment information given under s. 25A, 25B or 25C, disclosure of restricted
   26.     Supplementary rolls, when to be printed and issued
   27.     Previous supplementary roll to be incorporated in subsequent one
   28.     Amalgamated roll, printing of
   29.     Rolls to be dated
   30.     Supplementary rolls to be numbered and dated
   31.     Arrangement with Cwlth for single enrolment procedure
   31A.    Arrangement with Commonwealth for sharing of information for revision of rolls
   31AB.   Revision of rolls in response to notification about Commonwealth rolls
   31B.    Arrangement with Cwlth as to s. 51B requests
   34.     Rolls and documents, when not invalid
   35.     Public officers to give Electoral Commissioner etc. information
   37.     New rolls, when required etc.
   38.     Regulations as to preparation of rolls and compulsory enrolment
   39.     Electoral census, when required etc.
   40.     New rolls, rules for preparing

           Division 3 -- Additions to rolls  

   41.     When new names may be added
   42.     Claims, form etc. of
   43.     Claims of certain Cwlth electors to be taken to be in order
   44.     Claims, essential parts of
   44A.    Enrolment of claimants and rejection of claims
   45.     Compulsory enrolment, offences as to etc.
   46.     Qualification of claimant considered insufficient or incorrect, enrolment officer’s functions as to

           Division 4 -- Objections

              Subdivision 1 -- To claims  

   47.     Objections to claims

              Subdivision 2 -- To enrolment  

   48.     Objections to enrolment

              Subdivision 3 -- Powers of Electoral Commissioner on appeal  

   49.     Electoral Commissioner’s powers

           Division 5 -- Miscellaneous  

   51.     Removal of names repeated on roll and adjusting rolls
   51A.    Incapacitated elector, removal of name of from roll etc.
   51AA.   Removal of name following declaration by SAT etc.
   51B.    Request for address not to be shown on roll
   52.     Alteration of rolls, Electoral Commissioner’s powers as to
   53.     Alteration to rolls, time for making
   54.     Alteration to roll, how to be made
   55.     Removing name from printed roll, manner of
   56.     Deaths in State, Registrar of Births etc. to notify Electoral Commissioner of
   59.     Certain prisoners and detained persons, Electoral Commissioner to be informed about
   60.     Changes to rolls required due to information given under s. 56 and
   62A.    Enrolment information may be recorded etc. on computer etc.

   PART IIIA -- Registration of political parties  

   62B.    Scope of Part
   62C.    Terms used
   62D.    Register of political parties, Electoral Commissioner to keep etc.
   62E.    Applications for registration
   62F.    Variation of application, Electoral Commissioner may advise etc.
   62G.    Public notice of application to be given etc.
   62H.    Registration of political party
   62I.    Parliamentary party existing at 21 Oct 2000, registration of as political party
   62J.    Refusal of registration, grounds for etc.
   62K.    Amendment of register
   62L.    Cancellation of registration
   62M.    Public inspection and notice of register etc.
   62N.    Review of decision under s. 62H, 62J or 62L
   62O.    False representation as to registration, offence
   62P.    Information, Electoral Commissioner may request from party etc.
   62Q.    Offences relating to information
   62R.    Certificate of Electoral Commissioner is evidence

   PART IV -- Elections

           Division 1 -- Writs  

   64.     General elections, issue of writs for
   65.     Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc.
   67.     Vacancy in Assembly, issue of writ for etc.
   68.     Writ deemed to be issued at 6 p.m. on day of issue
   69.     Writ, form and content of
   69A.    Rolls, when closed after issue of writ
   70.     Last day for nomination, rules for fixing
   71.     Polling day, rules for fixing
   72.     Last day for return of writ, rules for fixing
   74.     Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc.
   75.     Advertisement of writ etc., Electoral Commissioner’s duties as to
   76.     Time fixed in writ, extending

           Division 2 -- Nominations  

   76A.    Who is qualified to be elected as MP
   76B.    Who is not qualified to be elected as MP
   77.     Nomination: candidates to nominate and invalid nominations etc.
   78.     Nomination: form and content of etc.
   79.     Nomination: when receivable by returning officer
   80.     Grouping of candidates
   81.     Nomination paper and deposit required for valid nomination
   81A.    Party nomination, making and effect of
   82.     Nomination, withdrawal of
   83.     Nomination paper, effect of defects etc. in
   84.     Deposit by candidate, return or forfeiture of
   85.     Place of declaration of nominations; hour of nomination is noon on last day
   86.     Close of nominations, procedure as to for Assembly election
   87.     Close of nominations, procedure as to for Council election
   87A.    Close of nominations, returning officer’s other duties as to
   88.     Death of candidate after nomination
   89.     Failure and partial failure of election, when occurs and consequences of

           Division 3 -- Voting

              Subdivision 1 -- Early and absent voting  

   90.     Early ballot paper, application for and issue of etc.
   91.     Visiting an eligible elector to take vote
   92.     Early ballot paper, how to vote by means of
   93.     General early voter, registration of etc.
   94.     Authorised witnesses for this Division
   95.     Early ballot papers etc., offences as to
   97.     Spelling mistakes on early ballot papers, effect of
   98.     Officer’s decision to allow etc. early ballot paper, status of
   99A.    Absent vote, who may make etc.
   99B.    Regulations about early, absent and provisional voting

              Subdivision 2 -- Technology assisted voting  

   99C.    Terms used
   99D.    Electoral Commissioner may approve procedures for technology assisted voting
   99E.    Record of vote
   99F.    Independent auditing of technology assisted voting
   99G.    Scrutineers
   99H.    Counting of technology assisted votes
   99I.    Secrecy relating to technology assisted voting
   99J.    False or misleading statements in relation to technology assisted voting
   99K.    Protection of computer hardware and software
   99L.    Approvals must be published on the internet
   99M.    Regulations relating to technology assisted voting
   99N.    How this Act applies in relation to technology assisted voting
   99O.    Electoral Commissioner may determine that technology assisted voting is not to be used

              Subdivision 3 -- At the poll  

   100.    Polling places etc., appointing etc.
   100A.   Mobile portable ballot boxes at certain institutions and hospitals, provision of etc.
   100B.   Mobile portable ballot boxes in declared remote areas, provision of etc.
   101.    Taking the poll, returning officer’s duties as to arranging
   102.    Taking the poll, returning officer’s particular duties as to arranging
   102A.   Conjoint elections, appointments and directions for
   104.    Polling place, appointment of officers for
   105.    Substitute and assistant presiding officers, appointment and powers of
   106.    Absence of returning officer or presiding officer due to illness etc., consequences of
   107.    Polling place, subdivision of into sections
   108.     Licensed premises not to be used for polling place
   109.    Certain buildings to be used free
   110.    Separate voting compartments etc. at polling place required
   111.    Ballot boxes required at polling places
   112.    Rolls for use in election, provision of
   113.    Ballot papers, form and content of
   113A.   Voting ticket for Council election, lodgment of etc.
   113B.   Council ballot papers, printing of
   113BA.  Assembly ballot papers, printing of
   113C.   Political party names or “independent”, printing of on ballot papers
   113D.   Claims etc. may be lodged with Electoral Commissioner
   114.    Scrutineers, appointment of etc.
   115.    Candidates not to conduct election; who can be in polling place etc.
   116.    Police may be summoned to keep order etc.
   117.    Polling, rules for conduct of
   119.    Person claiming to vote, questions for and declarations by etc.
   120.    Answers by person claiming to vote, consequences of
   121.    Elector’s answers are conclusive
   122.    Elector objected to with name marked under s. 47, voting by etc.
   122A.   Person not on roll or struck off roll or on roll and cannot be found or struck out under s. 126, voting by etc.
   123.    No other answer or declaration required from elector; who can be excluded from voting
   124.    Right to vote despite error in roll or change of name on marriage
   125.    Ballot paper, procedure when delivering to elector
   126.    Roll to be marked on ballot paper being delivered
   127.    Elector’s duties on receiving ballot paper
   128.    Ballot paper, how to be marked by elector
   129.    Elector with disability etc., assistance for to vote
   130.    Ballot paper spoiled by elector, replacement of etc.
   131.    Adjourning polling due to riot etc.
   132.    Adjourning polling for other reasons
   133.    Voting at adjourned polling

           Division 4 -- Counting of votes (general)  

   134.    Count of votes, rules for conducting
   135.    Adjournment of count etc. to be announced
   136.    Before adjourning, ballot papers etc., to be sealed in boxes

           Division 4A -- Scrutiny and count (Assembly elections)  

   136A.   Application of Division
   137.    Scrutineers, appointment of
   138.    Scrutineers, submissions by etc.
   139.    Informal ballot papers defined
   140.    Elector’s intention to be given effect
   140A.   Some ballot papers with non-consecutive preferences can be formal
   141.    Counting places and assistant returning officers
   142.    Count of votes by assistant returning officers, procedure for
   142A.   Early, absent and provisional votes, appointment of assistant returning officers for count of
   143.    Returning officer to ascertain number of votes for each candidate
   144.    Count of votes by returning officer, procedure for
   145.    Equal votes, procedure in case of etc.
   146.    Re-count, when may be conducted etc.

           Division 4B -- Scrutiny and count (Council elections)  

   146A.   Application and construction of Division
   146B.   Assistant returning officers, counting places etc.
   146C.   Scrutineers, appointment of
   146D.   Scrutineers, submissions by etc.
   146E.   Informal and formal ballot papers etc.
   146F.   Ballot paper deemed to be marked according to voting ticket
   146G.   Count of votes by assistant returning officers, procedure for
   146H.   Count of votes by deputy returning officer, procedure for
   146I.   Count of votes by returning officer, procedure for
   146J.   Re-count, when may be conducted etc.

           Division 5 -- Declaration of poll and return of the writ  

   147.    Declaration of poll and certification and return of writ
   148.    Election not to be questioned on certain grounds
   149.    Informality in election, Governor’s powers as to
   149A.   Election of unqualified or disqualified person void

           Division 6 -- After the poll  

   149B.   Term used: document
   150.    Statistical return and rolls, returning officer to send to Electoral Commissioner
   151.    Other election papers, returning officer to send to Electoral Commissioner
   152.    Election papers, how long to be kept for
   153.    Rolls used at election, candidate may require production of
   154.    Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted
   155.    Election papers, destruction of
   155AA.  Election papers used for referendum etc., use of and destruction of afterwards

           Division 7 -- Voting to be compulsory  

   155AB.  Terms used
   156.    Elector’s duty to vote; penalty and infringement notices, offences etc. for not voting
   156AA.  Evidentiary certificate for s. 156 proceedings

   PART IVA -- Filling vacancies in the Council  

   156A.   Terms used
   156B.   Vacancy in Council, Governor to be notified of etc.
   156C.   Electoral Commissioner’s duties when informed of vacancy; nominations of candidates for vacancy being filled by re-count
   156D.   Vacancy being filled by re-count, procedure at close of nominations
   156E.   Vacancy being filled by fresh election, writ for

   PART V -- Disputed returns  

   157.    Validity of election or return, how to dispute
   158.    Petition to Court of Disputed Returns, content of etc.
   159.    Return of writ, presumed date of
   160.    Security for costs, petitioner to give
   161.    No proceedings on petition unless it complies with law
   162.    Court’s powers on petition
   163.    Court’s duties etc.; roll and electors’ qualifications, status of
   164.    Bribery etc. by candidate or illegal practice, voiding election in case of
   165.    Illegal practice, Court to report to Electoral Commissioner
   166.    Delays and immaterial errors not to vitiate election
   167.    Court’s decision is final
   168.    Copies of petition etc. to be sent to House affected
   169.    Costs
   170.    Security for costs, how to be dealt with
   171.    Other costs
   172.    Court’s decision, effect of
   173.    Rules of Court for this Part
   174.    Election of MLC on re-count, application of this Part to

   PART VI -- Electoral funding and disclosure of gifts, income and expenditure

           Division 1 -- Preliminary  

   175.    Terms used
   175A.   Interpretation of this Part

           Division 2 -- Agents  

   175B.   Agent of political party, appointment of
   175C.   Agent of candidate, appointment of etc.
   175D.   Agent of group, appointment of etc.
   175E.   Appointment under s. 175B, 175C and 175D, eligibility for and notice of
   175F.   Agent of political party, registration of
   175G.   Agent of political party, appointment of has no effect if not on register
   175H.   Agent of political party, removing from register
   175I.   Agent of political party, evidence of appointment of
   175J.   No agent of political party, who has Div. 3 duties in case of
   175K.   Agent of candidate or group, revoking appointment of
   175L.   Agent of candidate or group, notice of death or resignation of to be given

           Division 2A -- Electoral funding  

   175LA.  Terms used and interpretation
   175LB.  Election funding reimbursement amount, entitlement to
   175LC.  Election funding reimbursement amount, calculation of
   175LD.  Claim for payment, requirement for and making etc.
   175LE.  Electoral Commissioner to determine claims
   175LF.  Circumstances in which payment to be made
   175LG.  Amount paid not to exceed electoral expenditure
   175LH.  Payments, to whom to be made
   175LI.  Decision as to payment, revoking and re-making
   175LJ.  Death of candidate, payments etc. in case of
   175LK.  Appropriation for payments under this Division

           Division 3 -- Disclosure of gifts and other income  

   175M.   Relevant details of gifts, defined
   175N.   Gifts etc. received by political party, annual return as to required
   175NA.  Gifts etc. received by associated entity, annual return as to required
   175O.   Gifts received by candidate in disclosure period, return as to required
   175P.   Gifts received by group in disclosure period, return as to required
   175Q.   Gifts received in disclosure period by other persons who incur expenditure for political purposes, return as to required
   175R.   Gifts not to be accepted from unidentified donors etc.
   175S.   Return under s. 175N, 175O and 175P required even if nothing to disclose etc.

           Division 4 -- Disclosure of electoral expenditure  

   175SA.  Electoral expenditure by political party, return as to required
   175SB.  Electoral expenditure by candidate, return as to required
   175SC.  Electoral expenditure by group, return as to required
   175SD.  Electoral expenditure by other person, return as to required
   175SE.  Return under s. 175SA, 175SB and 175SC required even if no expenditure etc.
   175SF.  Two or more elections on one day, one return may be lodged in case of

           Division 5 -- Miscellaneous  

   175T.   Interpretation
   175U.   Offences
   175V.   Payments due to State, recovery of
   175W.   Investigation powers etc. for this Part
   175X.   Incomplete returns, lodging etc.
   175Y.   Extension of time to lodge annual return
   175Z.   Information in return, verification of etc.
   175ZA.  Non-compliance with Part does not affect election
   175ZB.  Return, amendment of
   175ZC.  Public may obtain copies of returns
   175ZD.  Unincorporated party, proceedings against
   175ZE.  Public agencies to report on certain expenditure
   175ZF.  Regulations for this Part
   175ZG.  Annual report by Electoral Commissioner

   PART VII -- Electoral offences  

   179.    Offences generally
   180.    Term used: breach or neglect of official duty
   181.    Bribery, offence of
   182.    Term used: bribery
   183.    Undue influence, offence of
   184.    Term used: undue influence
   185.    Exception to what is bribery or undue influence
   186.    Disqualification for bribery or undue influence
   187.    Illegal practices defined
   187A.   Intentionally rendering person unable to vote etc.
   187B.   Electoral advertisement on internet, when publishing is an illegal practice
   188.    Illegal practices, penalties for
   189.    Gift etc. by candidate to club etc., offence in some cases
   190.    Electoral offences and punishments
   191.    False statement in electoral paper
   191A.   Misleading or deceptive publication etc.
   192.    Canvassing etc. in or near polling place
   192A.   Loud speakers etc., use of during polling hours
   193.    Collecting etc. petitions etc. in polling places etc.
   194.    Failure to transmit claim for enrolment
   195.    Information for preparation of roll etc., not obeying requirement to provide
   196.    Employer to allow employee leave of absence to vote
   197.    Person misbehaving etc. may be removed from polling place
   198.    Re-entering etc. polling place after being removed from
   199.    Incurring unauthorised electoral expense on behalf of a candidate
   199A.   Interfering with political liberty
   200.    Illegal practice committed indirectly etc., liability for
   201.    Attempt to commit offence
   202.    Evidentiary provision
   204.    Offences that are crimes
   205.    Summary offences and time limit for prosecutions
   206.    The Criminal Code Ch. XIV not to apply to parliamentary elections

   PART VIII -- Miscellaneous  

   207.    Who may witness signatures and take declarations
   208.    Notices, service of
   209.    Electoral papers sent by post, deemed service of
   210.    Electronic communication of electoral matter permitted
   211A.   Certain documents may be transmitted electronically
   211.    Person unable to write may make mark etc.
   212.    Forms, compliance requirements
   213.    Regulations generally
   213A.   Regulations affecting certain candidates
           SCHEDULE 1-- Counting of votes at Legislative Council elections
           SCHEDULE 2-- Ballot procedure

[Reprinted under the Reprints Act 1984 as at 9 December 2016]

Compilation table

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback