Western Australian Current Acts Western Australian Current Acts (1) As soon as
practicable after the result of the election has been ascertained, the
returning officer is to —
(a)
declare the result of the election and the name of the candidate, or names of
the candidates, elected; and
(b) send
to the Electoral Commissioner a written statement setting out —
(i)
the result of the election; and
(ii)
the day on which the result was declared; and
(iii)
the name of the candidate, or names of the candidates,
elected.
(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 decides
that the declaration is to be made at a place outside the district; or
(b) in
the case of a Council election, at a place appointed by the Electoral
Commissioner.
(2) A statement under
subsection (1)(b) is not required if the election has wholly failed or the
returning officer has given the Electoral Commissioner a notification under
section 145(3).
[(3) deleted]
(4) In the case of a
Council election, when the statement required under subsection (1)(b) has been
received the Electoral Commissioner is to certify on the writ —
(a) the
name of the candidate, or names of the candidates, elected; and
(b) the
day on which the result of the election was declared.
(5) In the case of a
general election for the Assembly, when all, or all except not more than 5, of
the statements required under subsection (1)(b) have been received the
Electoral Commissioner is to certify on the writ, in respect of each district
for which a statement has been received —
(a) the
name of the candidate elected; and
(b) the
day on which the result of the election was declared.
(6) In the case of any
other election in a district, when the statement required under subsection
(1)(b) has been received the Electoral Commissioner is to certify on the writ
—
(a) the
name of the candidate elected; and
(b) the
day on which the result of the election was declared.
(7) A certificate
under subsection (4), (5) or (6) is to be signed and dated by the Electoral
Commissioner.
(8) The writ is to be
regarded as having been returned on the date of the certificate.
(9) As soon as
practicable after the return of the writ the Electoral Commissioner is to
forward to the Clerk of the Council or the Clerk of the Assembly, as the case
may require, the name of the member, or names of the members, elected together
with a copy of the certified writ.
(10) If in the case of
a general election for the Assembly a statement required under subsection
(1)(b) is received after the writ has been certified under subsection (5), the
Electoral Commissioner is to —
(a)
comply with subsections (5) and (7) in respect of the district for which the
statement was received; and
(b)
forward to the Clerk of the Assembly the name of the member elected together
with a copy of the writ as further certified,
but the writ is still
regarded as having been returned on the date of the original certificate.
[Section 147 inserted: No. 36 of 2000 s. 18;
amended: No. 64 of 2006 s. 38; No. 20 of 2021 s. 77 and 94.]