Western Australian Current Acts Western Australian Current Acts (1) The deposit made
by or on behalf of a person nominated shall be retained pending the election,
and after the election shall be returned in accordance with subsection (3) or
(4) if he is elected or —
(a) in
the case of a Council election where the relevant number is more than one, if
the total number of first preference votes polled in his favour or in favour
of the members of the group in which he is included is more than 4% of the
total number of first preference votes polled by all the candidates in the
election;
(b) in
the case of a single member election where there are more than 2 candidates,
if the total number of first preference votes polled in his favour is more
than 4% of the total number of first preference votes polled by all the
candidates in the election;
(c) in
the case of a single member election where there are only 2 candidates, if the
number of votes polled in his favour is more than 4% of the total number of
votes polled by both the candidates in the election,
otherwise it shall be
forfeited to the Crown.
(2) If a candidate
dies before polling day or on polling day before the close of the poll —
(a) the
deposit made by or on behalf of the candidate must be returned in accordance
with subsection (3) or (4); and
(b) if
the election wholly fails because of the death, the deposits made by or on
behalf of the other candidates must be returned in accordance with subsection
(3) or (4).
(3) If a candidate was
nominated under subsection 81A(2) the deposit (or an amount that includes the
deposit) shall be returned to the person who paid it, or to a person
authorised in writing by the person who paid it.
(4) In all other
cases, the deposit shall be returned to the candidate, or to a person
authorised in writing by the candidate or, if the candidate is dead, to the
candidate’s legal representative.
[Section 84 inserted: No. 40 of 1987 s. 45;
amended: No. 36 of 2000 s. 37; No. 55 of 2006 s. 4; No. 20 of 2021 s. 51 and
94.]