Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a Council election where the relevant number is more than one.
(2) The returning
officer shall attend at the place of declaration of nominations for the period
of one hour immediately prior to the hour of nomination.
(3) At the hour of
nomination the returning officer shall publicly produce all nomination papers
received by him under section 81 or 81A(5)(b) between the issue of the writ
and the hour of nomination, and declare the names, occupations, and residences
of all candidates nominated.
(4A) Despite
subsection (3), the returning officer must not declare a candidate’s
residence if the candidate’s residence is not shown on the roll because
a request under section 51B has been granted.
(4) If the candidates
are not greater in number than the candidates required to be elected, the
returning officer must declare the candidates duly elected.
(5) If there are more
candidates for election than the relevant number and they comprise or include
2 or more groups the order of the groups as they shall be placed on the ballot
papers shall be determined as follows —
(a) the
returning officer must, at the place of declaration of nominations,
immediately after the close of nominations and before all persons then present
—
(i)
make out in respect of each group in which each candidate
is endorsed by a registered political party, a slip bearing the names of the
candidates in the group, and deal with the slips in accordance with Schedule
2; and
(ii)
make out in respect of each other group, a slip bearing
the names of the candidates in the group, and deal with the slips in
accordance with Schedule 2;
(b) the
group whose names appear on the first slip obtained by the returning officer
in accordance with clause 5 of Schedule 2 shall be placed first on the ballot
papers, the group whose names appear on the second slip so obtained shall be
placed second on the ballot papers, and so on, until the placing of all the
groups on the ballot papers has been determined.
(6) If there are more
candidates for election than the relevant number and 2 or more of them are not
included in a group, the order of the names of the candidates not included in
a group as they shall be placed on the ballot papers shall be determined as
follows —
(a) the
returning officer shall, at the place of declaration of nominations,
immediately after the close of nominations and before all persons then
present, make out in respect of each of those candidates, a slip bearing his
name, and proceed to deal with the slips in accordance with Schedule 2;
(b) the
candidate whose name appears on the first slip obtained by the returning
officer in accordance with clause 5 of Schedule 2 shall, of those candidates,
be placed first on the ballot papers, the candidate whose name appears on the
second slip so obtained shall, of those candidates, be placed second on the
ballot papers, and so on, until the placing of all the names of the candidates
on the ballot papers has been determined.
(7) As soon as is
practicable the returning officer shall advertise the names and other
particulars of the several candidates, in the order prescribed by
section 113B, on the Commission website and in any other way the returning
officer considers appropriate.
(8) Subject to
section 88(1) the proceedings shall then stand adjourned to polling day.
[Section 87 inserted: No. 40 of 1987 s. 48;
amended: No. 79 of 1987 s. 27; No. 36 of 2000 s. 39 and 41; No. 64 of 2006
s. 53; No. 35 of 2012 s. 17; No. 20 of 2021 s. 53.]