Western Australian Current Acts Western Australian Current Acts (1) Subject to the
provisions of this Act, any person —
(a) who
is —
(i)
an Australian citizen; or
(ii)
a person (other than an Australian citizen) who would, if
the relevant citizenship law had continued in force, be a British subject
within the meaning of that relevant citizenship law and who was at some time
within 3 months, immediately preceding 26 January 1984, an elector of the
Assembly or an elector, under a Commonwealth Act, of the Commonwealth
Parliament;
and
(b) who
has attained 18 years of age; and
(c) who
has lived in the same district or sub-district for at least one month
immediately before the enrolment,
is entitled —
(d) to
be enrolled as an elector for the Council and the Assembly; and
(e) when
so enrolled and while he continues to live in that district or sub-district,
to vote at —
(i)
any Council election; and
(ii)
any election in the district or the district of which the
sub-district forms part.
(2) Subject to
sections 145(7) and 172(1)(c) where an elector enrolled under subsection (1)
changes his place of living to another district he may, until his name is
transferred to another roll, vote at any Council election, and any election in
the district in respect of which his name continues enrolled, if the election
is held within 3 months after he has so changed his place of living.
(3) For the purposes
of this Act a person shall be deemed to have lived within a district or
sub-district, if he has his usual place of abode therein and notwithstanding
his occasional absence from that district or sub-district and any period of
absence from such usual place of abode by a person —
(a)
while serving a sentence of imprisonment for an offence; or
(b)
while otherwise in lawful custody or detention in relation to an offence,
shall be deemed to be
such occasional absence, and that person shall be deemed not to have his usual
place of abode at the place of imprisonment or custody or detention, as the
case may be.
(4) A member of the
Assembly and the member’s spouse may claim to be enrolled for the
district that the member represents and, when so enrolled, are deemed to live
in that district.
(4a) A person who
—
(a) has
attained 17 years of age; and
(b)
would be entitled to be enrolled on a roll if he had attained 18 years of age,
is entitled to be
enrolled on that roll as an elector.
(4b) Notwithstanding
section 4, or subsection (4a), or an enrolment under subsection (4a), if a
person who has been enrolled under subsection (4a) does not attain 18 years of
age until after the date fixed for the polling in an election, that person
—
(a) is
not entitled to vote at that election; and
(b)
shall not be taken to be —
(i)
an elector; or
(ii)
entitled to be enrolled on a roll; or
(iii)
enrolled on a roll,
for the purposes of
this Act in relation to that election.
(4c) Subsection (4a)
does not apply to a person who does not know his date of birth.
(5) Subject to
subsection (4) and sections 17A, 17B and 19(5), a person is not entitled to be
enrolled on any roll other than the roll for the district or sub-district in
which the person lives.
[Section 17 inserted: No. 33 of 1964 s. 6;
amended: No. 33 of 1967 s. 3; No. 94 of 1970 s. 3; No. 39 of 1979 s. 6; No. 9
of 1983 s. 4 and 30; No. 104 of 1985 s. 4; No. 40 of 1987 s. 26 and 84; No. 79
of 1987 s. 3; No. 36 of 2000 s. 32(1); No. 64 of 2006 s. 16; No. 7 of 2009
s. 5; No. 14 of 2016 s. 6; No. 20 of 2021 s. 24.]