Western Australian Current Acts Western Australian Current Acts (1) A person who is
entitled to be enrolled for a district, otherwise than under section 17AA(1),
and who is not enrolled for the district at the end of the period of 21 days
beginning on the day they become entitled to be enrolled, or on any subsequent
day while they continue to be entitled to be enrolled, commits an offence.
Penalty for this subsection: a fine of $50.
(2) A person
(including a silent elector) who is enrolled for a district, and who changes
their primary residential address from 1 address in the district to another
address in the district, must, within 21 days after the change, give notice in
writing of the new address to the Electoral Commissioner.
Penalty for this subsection: a fine of $50.
(3) The fact that a
person who is entitled to be enrolled for a district is not enrolled at the
end of the period of 21 days beginning on the day they become entitled to be
enrolled for the district is prima facie evidence of a contravention of
subsection (1).
(4) A person does not
contravene subsection (1) if they prove that their non-enrolment is not
because of their failure to send or deliver to the Electoral Commissioner a
claim in the prescribed form duly filled in and signed in accordance with the
directions printed on the form.
(5) A person does not
contravene this section if the person is not enrolled as provided in
subsection (1), or fails to comply with subsection (2), because the person has
a physical or mental impairment.
(6) The Electoral
Commissioner or the enrolment officer must issue a receipt to a person for
each claim received from the person.
(7) If a person sends
a claim for enrolment to the Electoral Commissioner or lodges a claim for
enrolment under the Commonwealth Electoral Act 1918 , proceedings must not be
instituted against the person for any offence against subsection (1) before
the claim was sent or the person was enrolled.
(8) If a person gives
a notice in writing of a new primary residential address to the Electoral
Commissioner or lodges a claim for enrolment under the
Commonwealth Electoral Act 1918 , proceedings must not be instituted against
the person for any offence against subsection (2) committed before the notice
was sent.
[Section 45 inserted: No. 30 of 2023 s. 36.]