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


LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL 2009

                    Western Australia


 


 

ocal Government Amendment (Elections) Bill 2009 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 4.69 amended 2 5. Schedule 4.1 replaced 3 Schedule 4.1 -- How to count votes and ascertain the result of an election 6. Schedule 4.2 amended 3 034--1 page i Western Australia LEGISLATIVE ASSEMBLY Local Government Amendment (Elections) Bill 2009 A Bill for An Act to amend the Local Government Act 1995. The Parliament of Western Australia enacts as follows: page 1 Local Government Amendment (Elections) Bill 2009 s. 1 1 1. Short title 2 This is the Local Government Amendment (Elections) Act 2009. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on a day fixed by proclamation. 8 3. Act amended 9 This Act amends the Local Government Act 1995. 10 4. Section 4.69 amended 11 (1) In section 4.69(1) delete "election and only 2 candidates are 12 named on the ballot paper," and insert: 13 14 election, 15 16 (2) Delete section 4.69(2) and (3) and insert: 17 18 (2) If 2 or more offices are to be filled at the election, an 19 elector is to cast his or her vote by marking the ballot 20 paper in accordance with regulations so as to indicate 21 the candidate or candidates named on the ballot paper 22 whom the elector wishes to be elected but is not to 23 mark votes for more candidates than the number of 24 offices to be filled. 25 page 2 Local Government Amendment (Elections) Bill 2009 s. 5 1 5. Schedule 4.1 replaced 2 Delete Schedule 4.1 and insert: 3 4 Schedule 4.1 -- How to count votes and ascertain 5 the result of an election 6 [s. 4.74] 7 1. The number of votes given for each candidate is to be 8 ascertained. 9 2. If the election is to fill the office of mayor or president, the 10 candidate who receives the greater or greatest number of 11 votes is elected. 12 3. If the election is to fill one office of councillor, the 13 candidate who receives the greater or greatest number of 14 votes is elected. 15 4. If the election is to fill 2 or more offices of councillor, the 16 candidates elected are -- 17 (a) the candidate who receives the greatest number of 18 votes; and 19 (b) the candidate who receives the next highest number 20 of votes; and 21 (c) the candidate who receives the next highest number 22 of votes, 23 and so on up to the number of offices to be filled. 24 5. If 2 or more candidates receive the same number of votes so 25 that clause 2, 3 or 4 cannot be applied, the returning officer 26 is to draw lots in accordance with regulations to determine 27 which candidate is elected. 28 29 6. Schedule 4.2 amended 30 (1) In Schedule 4.2 clause 8 delete "primary" (each occurrence). 31 (2) Delete Schedule 4.2 clause 8A. 32

 


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