Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 81A

81A .         Party nomination, making and effect of

        (1)         In this section —

        party nomination means the nomination for an election of a candidate publicly recognised by a particular registered political party as being an endorsed candidate of that party.

        (2)         A party nomination is to be regarded as having been made in accordance with sections 79 and 81 if —

            (a)         it contains a declaration by the secretary of the registered political party that the candidate is publicly recognised by the party as being an endorsed candidate of the party; and

            (b)         it is received by the Electoral Commissioner after the issue of the writ and not later than 24 hours before the hour of nomination; and

            (c)         not later than 24 hours before the hour of nomination, the required deposit (or an amount that includes that deposit) for the purposes of section 81(1)(b) is lodged with the Electoral Commissioner on behalf of the candidate in money, by a cheque drawn by a financial institution on itself and payable to the Electoral Commissioner or in such other manner as may be prescribed under that section.

        (3)         Nothing in this section prevents a party nomination from being made in accordance with sections 79 and 81.

        (4)         If 2 or more party nominations for a Council election are made in accordance with subsection (2), a claim under section 80(1) may be made to the Electoral Commissioner together with the nominations.

        (5)         If a party nomination has been made in accordance with subsection (2), the Electoral Commissioner is to —

            (a)         give the secretary of the registered political party a notice acknowledging receipt by the Electoral Commissioner of the candidate’s nomination and the deposit lodged on behalf of the candidate; and

            (b)         give the returning officer, as soon as practicable before the hour of nomination —

                  (i)         a copy of the nomination paper; and

                  (ii)         advice that the required deposit for the purposes of section 81(1)(b) has been lodged with the Electoral Commissioner on behalf of the candidate; and

                  (iii)         details of any claim under section 80(1) made under subsection (4).

        (6)         The reference in subsection (5)(b)(i) to a copy of the nomination paper includes a reference to a copy generated by way of transmission by facsimile or other electronic means under section 210(2).

        [Section 81A inserted: No. 36 of 2000 s. 35; amended: No. 74 of 2003 s. 47(2); No. 35 of 2012 s. 15; No. 20 of 2021 s. 94.]



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