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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL AMENDMENT (MISCELLANEOUS) BILL 2008

                       Western Australia


Electoral Amendment (Miscellaneous) Bill 2008

                          CONTENTS


         Part 1 -- Preliminary
   1.    Short title                                             2
   2.    Commencement                                            2
         Part 2 -- Electoral Act 1907 amended
   3.    Act amended                                             3
   4.    Section 4 amended                                       3
   5.    Section 17 amended                                      3
   6.    Section 17B inserted                                    3
         17B.     Electors with no fixed address enrolled
                  under Commonwealth Act                    3
   7.    Section 18 amended                                      4
   8.    Section 25A amended                                     5
   9.    Section 40 amended                                      5
   10.   Section 59 amended                                      5
   11.   Section 62 deleted                                      6
   12.   Section 90 amended                                      6
   13.   Section 93 amended                                      6
   14.   Section 175C amended                                    7
   15.   Section 183 amended                                     7




                            004--1                               page i
                           Western Australia


                      LEGISLATIVE COUNCIL


Electoral Amendment (Miscellaneous) Bill 2008


                               A Bill for


An Act to amend the Electoral Act 1907.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Electoral Amendment (Miscellaneous) Bill 2008
    Part 1         Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Electoral Amendment (Miscellaneous) Act 2008.

    2.       Commencement
5            This Act comes into operation as follows --
              (a)   Part 1 -- on the day on which this Act receives the
                    Royal Assent;
              (b)   the rest of the Act -- on a day fixed by proclamation.




    page 2
                                Electoral Amendment (Miscellaneous) Bill 2008
                                    Electoral Act 1907 amended         Part 2

                                                                                 s. 3



                 Part 2 -- Electoral Act 1907 amended
     3.     Act amended
            This Part amends the Electoral Act 1907.

     4.     Section 4 amended
 5          Delete section 4(4) and insert:

            (4)    A reference in this Act to a full election in a region is a
                   reference to an election in a region for the return of
                   6 members of the Council.
10

     5.     Section 17 amended
            In section 17(5) delete "and section 17A" and insert:

            and sections 17A and 17B
15

     6.     Section 17B inserted
            After section 17A insert:


          17B.     Electors with no fixed address enrolled under
20                 Commonwealth Act
            (1)    If --
                      (a)   a person fulfils the requirements of
                            section 17(1)(a) and (b) but does not live in any
                            particular district or sub-district in the
25                          State; and
                     (b)    the person's name appears on a roll maintained
                            under the Commonwealth Electoral Act 1918 in
                            respect of an address in a Commonwealth
                            subdivision in the State with which the person

                                                                           page 3
     Electoral Amendment (Miscellaneous) Bill 2008
     Part 2         Electoral Act 1907 amended

     s. 7



                            has established a connection under section 96
                            of that Act; and
                      (c)   the Commonwealth roll referred to in
                            paragraph (b) is annotated to indicate that the
 5                          person is an itinerant elector under the
                            Commonwealth Electoral Act 1918 section 96,
                    the person is to be enrolled on the roll for the district or
                    sub-district in which the address referred to in
                    paragraph (b) is situated.
10            (2)   While the name of the person continues to be included
                    on the Commonwealth roll referred to in
                    subsection (1)(b) with the annotation referred to in
                    subsection (1)(c), the person is entitled --
                      (a) to remain enrolled on the roll for the district or
15                          sub-district referred to in subsection (1); and
                      (b) to vote at --
                              (i) any election in the region of which the
                                   district or sub-district forms part; and
                             (ii) any election in the district or the district
20                                 of which the sub-district forms part.


     7.       Section 18 amended
              In section 18(1):
                (a) delete paragraph (c) and insert:
25
                      (c)   is serving or is yet to serve a sentence of
                            detention (imposed under the Young Offenders
                            Act 1994), or imprisonment, of one year or
                            longer; or
30




     page 4
                                     Electoral Amendment (Miscellaneous) Bill 2008
                                         Electoral Act 1907 amended         Part 2

                                                                                    s. 8



                  (b)    after each of paragraphs (b), (ca), (cb) and (cc) insert:

                         or


 5   8.          Section 25A amended
                 In section 25A(1a) in the definition of prescribed information:
                   (a) in paragraph (c) delete "situated." and insert:

                         situated; and
10
                  (b)    after paragraph (c) insert:

                         (d)    the elector's date of birth.


15   9.          Section 40 amended
                 In section 40(1a) delete "section 17(4) or 17A." and insert:

                 section 17(4), 17A or 17B.


20   10.         Section 59 amended
           (1)   In section 59(1) in the definition of prisoner delete
                 "section 18(b) to (cd)" and insert:

                 section 18(1)(b) to (cd)
25

           (2)   After section 59(3) insert:

                 (4)    If required information is forwarded to the Electoral
                        Commissioner under subsection (2)(a)(i) or (3)(a)(i) in
30                      relation to a person referred to in section 18(1)(c), the

                                                                              page 5
     Electoral Amendment (Miscellaneous) Bill 2008
     Part 2         Electoral Act 1907 amended

     s. 11



                     chief executive officer, prisons must include in the list
                     containing the required information the length of the
                     term of detention or imprisonment of the person.


 5   11.      Section 62 deleted
              Delete section 62.

     12.      Section 90 amended
              After section 90(1)(db) insert:

10                   (dc)    is by reason of --
                                (i) serving a sentence of detention
                                     (imposed under the Young Offenders
                                     Act 1994) or imprisonment; or
                               (ii) being otherwise in lawful custody or
15                                   detention,
                             precluded from attending at a polling place; or


     13.      Section 93 amended
              In section 93(1):
20              (a) in paragraph (c) delete "disabled," and insert:

                      disabled; or

               (b)    after paragraph (c) insert:
25
                      (d)    who is entitled to vote under section 17A(2),




     page 6
                               Electoral Amendment (Miscellaneous) Bill 2008
                                   Electoral Act 1907 amended         Part 2

                                                                         s. 14



             (c)    after each of paragraphs (a) to (ab) insert:

                    or


 5   14.   Section 175C amended
           In section 175C(2) delete "election, the candidate is the agent in
           relation to the election." and insert:

                   election --
10                  (a) if the candidate has been endorsed by a political
                          party, the agent of the political party is the
                          agent of the candidate in relation to the
                          election; or
                    (b) if paragraph (a) does not apply, the candidate is
15                        the agent in relation to the election.


     15.   Section 183 amended
           Delete section 183(6).




 


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