Western Australian Current Acts Western Australian Current Acts (1) The enrolment
officer must object to any claim if the officer has reason to believe that the
claimant is not entitled to be enrolled.
[(2) deleted]
(3) The following
provisions apply where the enrolment officer decides to object to a claim:
(a) The
enrolment officer shall give notice of objection to the claimant setting forth
—
(i)
the grounds of objection; and
(ii)
that unless notice of appeal is given within a time
stated (not being less than 7 days) specifying the grounds of the appeal, the
claim will be rejected.
The notice of
objection may be in the prescribed form, and a form of notice of appeal shall
be annexed thereto.
(b) If
notice of appeal is not duly given, the enrolment officer may reject the
claim.
(ba) If
notice of appeal is duly given and the enrolment officer is satisfied on the
grounds specified in the notice of appeal that the claimant is entitled to be
enrolled the enrolment officer shall withdraw the objection.
(c) If
notice of appeal is duly given and the enrolment officer is not satisfied on
the grounds specified in the notice of appeal that the claimant is entitled to
be enrolled the enrolment officer shall set down the objection for hearing by
the Electoral Commissioner, who shall appoint a day and place for the hearing.
(d) The
enrolment officer shall give notice to the claimant of the day and place
appointed for the hearing.
(e) The
Electoral Commissioner must hear and determine the objection, and may direct
the enrolment officer to enrol the claimant or reject the claim, as the
Electoral Commissioner thinks fit, but no grounds of objection can be
entertained except such as are specifically set forth in the notice of
objection.
(f) A
notice of objection cannot be given by the enrolment officer between the day
on which a writ is issued for a Council election or an election in the
district, as the case may be, and either the close of polling at such
election, or if only 1 candidate is nominated, the close of nominations for
such election or between the day on which a writ is issued for a referendum
and the close of voting in that referendum, but a claim may be rejected
pursuant to paragraph (b) at any time before the 14 th day next preceding the
day fixed for a Council election or an election in the district, as the case
may be, or a referendum.
(g) If
any appeal has not been heard and determined on the 14 th day next preceding
the day fixed for a Council election or an election in the district, as the
case may be, or a referendum and the claim was received by the enrolment
officer before the time of the close of the roll, the enrolment officer must
enrol the claimant but the enrolment officer must place a mark in the
prescribed manner in the register of electors against the claimant’s
name when enrolled, and section 97C applies to a person whose name is so
marked.
(4) Subsection (3)(f)
and (g) do not apply if the claim is for enrolment under section 17AA(1) and
the polling day in the election is before the claimant attains 18 years of
age.
[Section 47 amended: No. 44 of 1911 s. 43; No. 63
of 1948 s. 8; No. 68 of 1964 s. 9; No. 113 of 1965 s. 8; No. 9 of 1983 s. 12;
No. 54 of 1983 s. 6; No. 40 of 1987 s. 31 and 84; No. 79 of 1987 s. 11; No. 36
of 2000 s. 28(2); No. 20 of 2021 s. 30; No. 30 of 2023 s. 38.]
[Heading inserted: No. 14 of 2016 s. 28(2).]