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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electoral Amendment Bill 2012
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Forms and electronic
transmission of
certain documents
4. Section 4 amended 3
5. Section 175 amended 3
6. Section 211A inserted 3
211A. Certain documents may be transmitted
electronically 3
7. Various references to "form" amended 4
Part 3 -- Claims and nominations
Division 1 -- Claims
8. Section 42 amended 6
9. Section 43 inserted 7
43. Claims of certain Commonwealth electors
to be taken to be in order 7
10. Section 44 amended 8
11. Section 44A amended 8
Division 2 -- Nominations
12. Section 78 amended 9
13. Section 80 amended 9
14. Section 81 amended 10
15. Section 81A amended 10
16. Section 86 amended 10
293--2 page i
Electoral Amendment Bill 2012
Contents
17. Section 87 amended 11
Part 4 -- Voting
18. Section 90 amended 12
19. Section 92 amended 12
20. Section 93 amended 13
21. Section 113A amended 13
22. Section 115 amended 14
23. Section 151 amended 14
24. Section 152 amended 15
25. Section 154 amended 15
26. Section 156D amended 16
Part 5 -- Infringement and penalty
notices
27. Section 155AB inserted 17
155AB. Terms used 17
28. Section 156 amended 17
29. Section 156AA inserted 20
156AA. Evidentiary certificates for section 156
proceedings 20
Part 6 -- Other amendments
30. Section 52 amended 22
31. Section 183 amended 22
32. Section 208 amended 22
Part 7 -- Franchise Act 1916 repealed
33. Franchise Act 1916 repealed 23
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Electoral Amendment Bill 2012
A Bill for
An Act to amend the Electoral Act 1907 and to repeal the Franchise
Act 1916.
The Parliament of Western Australia enacts as follows:
page 1
Electoral Amendment Bill 2012
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Electoral Amendment Act 2012.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act, other than Part 7, amends the Electoral Act 1907.
page 2
Electoral Amendment Bill 2012
Forms and electronic transmission of certain documents Part 2
s. 4
1 Part 2 -- Forms and electronic transmission of
2 certain documents
3 4. Section 4 amended
4 In section 4(1) insert in alphabetical order:
5
6 approved form means a form that --
7 (a) is approved by the Electoral Commissioner;
8 and
9 (b) has been published by the Electoral
10 Commissioner by any means (including on an
11 internet site maintained by the Electoral
12 Commissioner) that the Electoral
13 Commissioner thinks fit;
14
15 5. Section 175 amended
16 In section 175 delete the definition of approved.
17 6. Section 211A inserted
18 After section 210 insert:
19
20 211A. Certain documents may be transmitted
21 electronically
22 (1) In this section --
23 certain document means a claim, nomination,
24 application, notice, objection or other communication
25 that is required or permitted to be transmitted to the
26 Electoral Commissioner or any other officer under --
27 (a) Part IIIA, IV or VI; or
28 (b) any other provision of the Act as is prescribed;
page 3
Electoral Amendment Bill 2012
Part 2 Forms and electronic transmission of certain documents
s. 7
1 transmitted includes sent, given, made, forwarded by
2 post, delivered to or lodged with.
3 (2) If the Electoral Commissioner has established
4 procedures for the electronic transmission and
5 recording of data for certain documents, or a case or
6 class of cases of such documents then, despite anything
7 else in this Act, a document transmitted in accordance
8 with those procedures is to be taken to be transmitted
9 under this Act.
10 (3) If, under this Act, a certain document is required to be
11 signed by a person, then, despite anything else in this
12 Act, that requirement is to be taken to be satisfied in
13 respect of an electronically transmitted document if
14 procedures established under subsection (2) by the
15 Electoral Commissioner include a method to be used
16 to --
17 (a) identify the person transmitting the document;
18 and
19 (b) indicate the person's intention in respect of the
20 information communicated in the document,
21 and that method is complied with.
22
23 7. Various references to "form" amended
24 Amend the provisions listed in the Table as set out in the Table.
25 Table
Provision Delete Insert
s. 62E(4) a form approved by an approved form
the Electoral
Commissioner for
the purposes of this
section,
page 4
Electoral Amendment Bill 2012
Forms and electronic transmission of certain documents Part 2
s. 7
Provision Delete Insert
s. 62K(2) the form and way an approved form
and in a way
s. 78(1) a form approved by an approved form
the Electoral
Commissioner,
s. 80(1) a form approved by an approved form
the Electoral
Commissioner
s. 80(3) a form approved by an approved form
the Electoral
Commissioner
s. 113C(3)(a) a form approved by an approved form
the Electoral
Commissioner
s. 113C(7)(a) a form approved by an approved form
the Electoral
Commissioner
page 5
Electoral Amendment Bill 2012
Part 3 Claims and nominations
Division 1 Claims
s. 8
1 Part 3 -- Claims and nominations
2 Division 1 -- Claims
3 8. Section 42 amended
4 (1) In section 42:
5 (a) delete "A claim --" and insert:
6
7 (1) A claim --
8
9 (b) delete paragraph (b) and insert:
10
11 (b) shall be signed by the claimant; and
12 (ca) shall include or be accompanied by such
13 evidence of identity as is required under the
14 Commonwealth Electoral Act 1918
15 section 98AA(2) in relation to an application or
16 claim to which that section applies; and
17
18 (2) At the end of section 42 insert:
19
20 (2) Despite subsection (1)(b), if --
21 (a) the claimant is already enrolled; and
22 (b) the claimant's name is still the same as the
23 name under which the claimant is enrolled,
24 the requirement that the claim be signed is to be taken
25 to be satisfied if the claimant instead satisfies the
26 requirements to be satisfied in respect of a claim under
27 the Commonwealth Electoral Act 1918 section 382(7).
28
page 6
Electoral Amendment Bill 2012
Claims and nominations Part 3
Claims Division 1
s. 9
1 (3) In section 42 after paragraph (a) insert:
2
3 and
4
5 9. Section 43 inserted
6 Before section 44 insert:
7
8 43. Claims of certain Commonwealth electors to be
9 taken to be in order
10 (1) In this section --
11 claim means a claim made --
12 (a) on or after 21 November 2006; but
13 (b) before commencement day;
14 commencement day means the day on which the
15 Electoral Amendment Act 2012 Part 3 Division 1
16 comes into operation;
17 Commonwealth elector means a person enrolled under
18 the Commonwealth Electoral Act 1918 in respect of an
19 address in a Commonwealth subdivision in the State;
20 in order means in order for the purposes of
21 section 44A.
22 (2) If a claimant --
23 (a) is a Commonwealth elector on commencement
24 day; and
25 (b) made a claim that was rejected as not in order,
26 then, on and after commencement day, the claim is to
27 be taken to be in order if the claim would have been in
28 order had it been made on commencement day.
29
page 7
Electoral Amendment Bill 2012
Part 3 Claims and nominations
Division 1 Claims
s. 10
1 10. Section 44 amended
2 (1) In section 44(1):
3 (a) in paragraph (e) delete "handwriting; and" and insert:
4
5 handwriting.
6
7 (b) delete paragraph (f).
8 (2) Delete section 44(4)(b) and insert:
9
10 (b) a person who may attest as to the claimant's
11 identity under the Commonwealth Electoral
12 Act 1918 section 98AA(2)(c), as read with
13 section 42(1)(ca), certifies in writing that he or
14 she is satisfied that the claimant is not under
15 18 years of age,
16
17 (3) In section 44(1) after each of paragraphs (a) to (d) insert:
18
19 and
20
21 11. Section 44A amended
22 In section 44A(1) after "sections 42(b)" insert:
23
24 and (ca)
25
page 8
Electoral Amendment Bill 2012
Claims and nominations Part 3
Nominations Division 2
s. 12
1 Division 2 -- Nominations
2 12. Section 78 amended
3 After section 78(1) insert:
4
5 (2A) Despite subsection (1)(b), the place of residence of a
6 candidate is not required to be stated on the nomination
7 form if the candidate's residence is not shown on the
8 roll because a request under section 51B has been
9 granted.
10
11 13. Section 80 amended
12 (1) After section 80(1) insert:
13
14 (2A) A claim may be made under subsection (1) on behalf of
15 a group --
16 (a) where all the candidates in the group are the
17 subject of a party nomination, under
18 section 81A, by a particular registered political
19 party -- by the secretary of the party; or
20 (b) where the candidates in the group have been
21 endorsed by different registered political
22 parties -- jointly by the secretaries of all of
23 those parties.
24
25 (2) In section 80(3) delete "candidates who have made a claim" and
26 insert:
27
28 candidates, or a secretary of a political party, or the secretaries
29 of political parties, by whom a claim has been made,
30
page 9
Electoral Amendment Bill 2012
Part 3 Claims and nominations
Division 2 Nominations
s. 14
1 14. Section 81 amended
2 In section 81(1)(b):
3 (a) delete "money or" and insert:
4
5 money,
6
7 (b) delete "Commissioner." and insert:
8
9 Commissioner or in such other manner as may be
10 prescribed.
11
12 15. Section 81A amended
13 In section 81A(2)(c):
14 (a) delete "money or" and insert:
15
16 money,
17
18 (b) delete "Commissioner." and insert:
19
20 Commissioner or in such other manner as may be
21 prescribed under that section.
22
23 16. Section 86 amended
24 After section 86(2) insert:
25
26 (2AAA) Despite subsection (2), the returning officer must not
27 declare a candidate's residence if the candidate's
28 residence is not shown on the roll because a request
29 under section 51B has been granted.
30
page 10
Electoral Amendment Bill 2012
Claims and nominations Part 3
Nominations Division 2
s. 17
1 17. Section 87 amended
2 After section 87(3) insert:
3
4 (4A) Despite subsection (3), the returning officer must not
5 declare a candidate's residence if the candidate's
6 residence is not shown on the roll because a request
7 under section 51B has been granted.
8
page 11
Electoral Amendment Bill 2012
Part 4 Voting
s. 18
1 Part 4 -- Voting
2 18. Section 90 amended
3 In section 90(5)(a) delete "Thursday" and insert:
4
5 Wednesday
6
7 19. Section 92 amended
8 (1) In section 92(4a)(a) delete "Tuesday" and insert:
9
10 Thursday
11
12 (2) Delete section 92(4c) and insert:
13
14 (4C) For the purpose of subsection (2)(f), an envelope
15 addressed to the Electoral Commissioner containing a
16 ballot paper is to be taken to have been posted before
17 the close of the poll if --
18 (a) the postmark on the envelope is dated any day
19 on or before polling day; or
20 (b) the postmark on the envelope is dated with the
21 date of the Sunday immediately after polling
22 day and the declaration is witnessed on or
23 before polling day; or
24 (c) in the case of no postmark being legible, the
25 declaration is witnessed on or before polling
26 day,
27 and the envelope reaches the Electoral Commissioner
28 before 9 a.m. on the Thursday next succeeding polling
29 day.
30
page 12
Electoral Amendment Bill 2012
Voting Part 4
s. 20
1 20. Section 93 amended
2 In section 93(1):
3 (a) in paragraph (aa) delete "person who is" and insert:
4
5 person who is permanently disabled,
6
7 (b) in paragraph (d) delete "section 17A(2)," and insert:
8
9 section 17A(2); or
10
11 (c) after paragraph (d) insert:
12
13 (e) who has reached the age of 70 years; or
14 (f) who is seriously ill or infirm,
15
16 21. Section 113A amended
17 After section 113A(2) insert:
18
19 (3A) A voting ticket may also be lodged under
20 subsection (1) on behalf of a group --
21 (a) where all the candidates in the group are the
22 subject of a party nomination, under
23 section 81A, by a particular registered political
24 party -- by the secretary of the party; or
25 (b) where the candidates in the group have been
26 endorsed by different registered political
27 parties -- jointly by the secretaries of all of
28 those parties.
29
page 13
Electoral Amendment Bill 2012
Part 4 Voting
s. 22
1 22. Section 115 amended
2 In section 115(1) delete "appointed under section 129(1)(b) to
3 be present while an elector's ballot paper is marked," and insert:
4
5 nominated under section 129(1) to mark an elector's ballot
6 paper according to the directions of the elector,
7
8 23. Section 151 amended
9 In section 151:
10 (a) in paragraph (b) delete "Clerk of the Council or the
11 Clerk of the Assembly, as the case may be;" and insert:
12
13 Electoral Commissioner;
14
15 (b) in paragraph (c) delete "same Clerk" and insert:
16
17 Electoral Commissioner
18
19 (c) in paragraph (e) delete "the Clerk of the Council, the
20 Clerk of the Assembly, or the Electoral Commissioner,
21 as the case may be," and insert:
22
23 the Electoral Commissioner
24
25 Note: The heading to amended section 151 is to read:
26 Returning officer to send election papers to Electoral
27 Commissioner
page 14
Electoral Amendment Bill 2012
Voting Part 4
s. 24
1 24. Section 152 amended
2 (1) In section 152:
3 (a) delete "The Clerk of the Council and the Clerk of the
4 Assembly" and insert:
5
6 (1) The Electoral Commissioner
7
8 (b) after "ballot papers" (second occurrence) insert:
9
10 and other documents
11
12 (2) At the end of section 152 insert:
13
14 (2) If the Electoral Commissioner has consented to the use,
15 for the purposes of research or analysis, of any ballot
16 papers or other documents that are liable to be
17 destroyed under subsection (1), then the Electoral
18 Commissioner may defer their destruction until the
19 conclusion of that research or analysis.
20
21 25. Section 154 amended
22 (1) In section 154(1) delete "Clerk of the Council or the Clerk of
23 the Assembly." and insert:
24
25 Electoral Commissioner.
26
page 15
Electoral Amendment Bill 2012
Part 4 Voting
s. 26
1 (2) Delete section 154(2) and (3) and insert:
2
3 (2) Ballot papers or other documents held by the Electoral
4 Commissioner under section 152 shall not be used or
5 made available for any purpose other than --
6 (a) a purpose mentioned in subsection (1); or
7 (b) for the purposes of the election of a member of
8 the Council under sections 156C and 156D; or
9 (c) a purpose mentioned in section 152.
10
11 26. Section 156D amended
12 In section 156D(12) delete "retain" and insert:
13
14 not destroy
15
page 16
Electoral Amendment Bill 2012
Infringement and penalty notices Part 5
s. 27
1 Part 5 -- Infringement and penalty notices
2 27. Section 155AB inserted
3 At the beginning of Part IV Division (7) insert:
4
5 155AB. Terms used
6 In this Division --
7 infringement notice means a notice under
8 section 156(13A);
9 penalty notice means a notice under section 156(4);
10 prepared means produced or generated and recorded or
11 stored, whether mechanically, magnetically,
12 electronically or otherwise;
13 response date, in relation to --
14 (a) a penalty notice, means the date referred to in
15 section 156(6)(c) and set out in the notice;
16 (b) an infringement notice, means the date referred
17 to in section 156(13A)(b) and set out in the
18 notice.
19
20 28. Section 156 amended
21 (1) In section 156(2) delete "prepare, or cause the returning officer
22 to prepare and furnish to the Electoral Commissioner, a list of
23 the names and descriptions" and insert:
24
25 ensure that there is prepared a list of the names and addresses
26
page 17
Electoral Amendment Bill 2012
Part 5 Infringement and penalty notices
s. 28
1 (2) In section 156(2a) delete "person by whom it was prepared."
2 and insert:
3
4 Electoral Commissioner, or a person authorised by the Electoral
5 Commissioner.
6
7 (3) In section 156(6)(c) delete "date set out in the notice (the
8 response date) --" and insert:
9
10 response date set out in the notice --
11
12 (4) Delete section 156(12) and insert:
13
14 (12) Subsection (13A) applies to an elector if a penalty
15 notice is sent to the elector and --
16 (a) the elector does not respond to the penalty
17 notice on or before the response date; or
18 (b) the elector responds to the penalty notice on or
19 before the response date in the manner
20 indicated in subsection (6)(c)(i) or (ii) but the
21 Electoral Commissioner is not satisfied --
22 (i) in the case of a response under
23 subsection (6)(c)(i) -- that the elector
24 voted as required by this Act; or
25 (ii) in the case of a response under
26 subsection (6)(c)(ii) -- that the reason
27 for the failure to vote is a valid and
28 sufficient reason.
page 18
Electoral Amendment Bill 2012
Infringement and penalty notices Part 5
s. 28
1 (13A) If this subsection applies to an elector the Electoral
2 Commissioner may send to the elector an infringement
3 notice in a prescribed form --
4 (a) notifying the elector --
5 (i) that the elector has not responded to a
6 penalty notice; or
7 (ii) that the elector's response to a penalty
8 notice has not satisfied the Electoral
9 Commissioner,
10 as the case may be; and
11 (b) informing the elector that if the elector does not
12 wish to be prosecuted in a court for an alleged
13 offence of failure to vote at an election without
14 a valid and sufficient reason for such failure,
15 the elector may, on or before the response date
16 set out in the infringement notice, pay to the
17 Electoral Commissioner the penalty set out in
18 the infringement notice (the modified penalty).
19
20 (5) In section 156(13) delete "a notice under subsection (12)." and
21 insert:
22
23 an infringement notice.
24
25 (6) In section 156(14) delete "a notice under subsection (12)" and
26 insert:
27
28 an infringement notice
29
page 19
Electoral Amendment Bill 2012
Part 5 Infringement and penalty notices
s. 29
1 (7) In section 156(14a) delete "a notice under subsection (12)" and
2 insert:
3
4 an infringement notice
5
6 (8) Delete section 156(14b).
7 (9) In section 156(15)(a) after "notice" insert:
8
9 or an infringement notice
10
11 (10) In section 156(16)(b) delete "a notice under subsection (12)"
12 and insert:
13
14 an infringement notice
15
16 (11) In section 156:
17 (a) after each of subsections (5)(a) and (b) and (6)(c)(i)
18 insert:
19
20 or
21
22 (b) after subsection (6)(a) insert:
23
24 and
25
26 29. Section 156AA inserted
27 At the end of Part IV Division (7) insert:
28
29 156AA. Evidentiary certificates for section 156 proceedings
30 (1) In proceedings for an offence against section 156, a
31 certificate containing a statement described in
page 20
Electoral Amendment Bill 2012
Infringement and penalty notices Part 5
s. 29
1 subsection (2) and purporting to be signed by the
2 Electoral Commissioner is, without proof of any
3 appointment or signature, evidence of the facts stated
4 in the certificate.
5 (2) A certificate may state any or all of the following --
6 (a) a specified date is the date that an election was
7 held;
8 (b) a specified person was an elector on a specified
9 date;
10 (c) a specified person did not vote at an election;
11 (d) a specified person --
12 (i) was sent a penalty notice or an
13 infringement notice;
14 (ii) did or did not (as the case may be)
15 respond to a penalty notice or an
16 infringement notice on or by a specified
17 date;
18 (iii) responded to a penalty notice or an
19 infringement notice in a specified
20 manner;
21 (e) a penalty notice or an infringement notice was
22 sent on a specified date;
23 (f) a specified date was the response date for a
24 penalty notice or an infringement notice.
25 (3) In subsection (2) --
26 specified means specified in the certificate.
27
page 21
Electoral Amendment Bill 2012
Part 6 Other amendments
s. 30
1 Part 6 -- Other amendments
2 30. Section 52 amended
3 Delete section 52(1)(d).
4 31. Section 183 amended
5 Delete section 183(5).
6 32. Section 208 amended
7 In section 208 delete "Without limiting section 31(1) of the
8 Interpretation Act 1918," and insert:
9
10 Without limiting the Interpretation Act 1984 sections 75 and 76,
11
page 22
Electoral Amendment Bill 2012
Franchise Act 1916 repealed Part 7
s. 33
1 Part 7 -- Franchise Act 1916 repealed
2 33. Franchise Act 1916 repealed
3 The Franchise Act 1916 is repealed.
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