Western Australian Current Acts

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ELECTORAL ACT 1907 - SECT 17

17 .         Who is entitled to be enrolled and vote

        (1)         Subject to the provisions of this Act, any person —

            (a)         who is —

                  (i)         an Australian citizen; or

                  (ii)         a person (other than an Australian citizen) who would, if the relevant citizenship law had continued in force, be a British subject within the meaning of that relevant citizenship law and who was at some time within 3 months, immediately preceding 26 January 1984, an elector of the Assembly or an elector, under a Commonwealth Act, of the Commonwealth Parliament;

                and

            (b)         who has attained 18 years of age; and

            (c)         who has lived in the same district for at least 1 month immediately before the enrolment,

                is entitled —

            (d)         to be enrolled; and

            (e)         when so enrolled and while continuing to live in that district, to vote in —

                  (i)         any Council election; and

                  (ii)         any election in the district.

        (2)         Subsection (3) applies to a person if —

            (a)         the person fulfils the requirements of subsection (1)(a) and (b); and

            (b)         the person has lived in a district (the relevant district ) for a period of at least 1 month ending immediately before the day (the relevant day ) on which the person intends to vote in an election in the relevant district or a Council election (the election ); and

            (c)         on the relevant day —

                  (i)         the person is not enrolled, or is not enrolled for the relevant district; and

                  (ii)         the person presents at a place to vote.

        (3)         Subject to sections 145(7) and 172(1)(c), the person is —

            (a)         entitled to be enrolled for the relevant district; and

            (b)         if the person makes a claim for enrolment, or a claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a Commonwealth roll for this State, entitled to vote in the election on the relevant day as a provisional voter under section 97G; and

            (c)         once the person is enrolled for the relevant district and while continuing to live in that district, entitled to vote in —

                  (i)         a Council election; and

                  (ii)         an election in the district.

        (4)         A member of the Assembly and the member’s spouse may claim to be enrolled for the district that the member represents.

[(4a)-(5)         deleted]

        [Section 17 inserted: No. 33 of 1964 s. 6; amended: No. 33 of 1967 s. 3; No. 94 of 1970 s. 3; No. 39 of 1979 s. 6; No. 9 of 1983 s. 4 and 30; No. 104 of 1985 s. 4; No. 40 of 1987 s. 26 and 84; No. 79 of 1987 s. 3; No. 36 of 2000 s. 32(1); No. 64 of 2006 s. 16; No. 7 of 2009 s. 5; No. 14 of 2016 s. 6; No. 20 of 2021 s. 24; No. 30 of 2023 s. 15.]



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