Western Australian Current Acts Western Australian Current Acts (1) A person’s
enrolment for a district may be objected to —
(a) by
an elector enrolled for the district; or
(b) by
an enrolment officer if the enrolment officer has reason to believe that the
name should not be retained on the register of electors.
(2) If the objection
is by an elector, the following provisions shall apply:
(a) The
objection shall be in writing lodged in duplicate with the Electoral
Commissioner, setting forth the grounds thereof, and may be in the prescribed
form.
(b) The
sum of $50 shall be deposited with the Electoral Commissioner, and shall be
forfeited if the objection is held not to be reasonable.
(ba) The
Electoral Commissioner shall cause the objection to be referred to an
enrolment officer.
(c) 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 objector and the person objected to
of the day and place appointed for the hearing, and a copy of the objection,
setting forth the ground thereof, shall be sent therewith to the person
objected to.
(e) The
person objected to, may, on the hearing of the objection, either —
(i)
appear in person to prove their claim, or
(ii)
appear by an agent appointed in writing under their hand,
or
(iii)
forward by post, addressed to the enrolment officer, a
statement made by the person objected to and signed before another elector of
the same district, setting forth reasons for their remaining on the register
of electors.
(f) The
Electoral Commissioner must hear and determine the objection, and may direct
the enrolment officer to retain the name on the register of electors, or to
remove the name from the register of electors, or to make such amendment as
may be necessary according to such determination; but no grounds of objection
can be entertained except such as are specifically set forth in the objection
lodged as aforesaid.
(3) If the objection
is by an enrolment officer, the following provisions shall apply:
(a) The
enrolment officer shall give notice of objection to the person objected to
setting forth —
(i)
the grounds of objection; and
(ii)
that unless notice of appeal is given specifying the
grounds of the appeal within a time stated (not being less than 7 days), the
name of the elector will be removed from the register of electors.
The notice of
objection may be in the prescribed form, and a form of notice of appeal must
be attached to the notice.
(b) If
notice of appeal is not duly given, the enrolment officer may remove the name
from the register of electors.
(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 person objected to is
entitled to remain 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 person objected to is
entitled to remain 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 person objected to of the day and
place appointed for hearing.
(e) The
Electoral Commissioner must hear and determine the objection, and may direct
the enrolment officer to retain the name on the register of electors, or to
remove the name from the register of electors, or to make such amendment as
may be necessary according to such determination; but no grounds of objection
can be entertained except such as are specifically set forth in the notice of
objection.
(4) The name of every
elector whose enrolment is objected to shall be publicly exhibited outside
such place or places as the Electoral Commissioner may direct, and maintained
there until the objection is heard and determined.
[(5) deleted]
[Section 48 amended: No. 44 of 1911 s. 43; No. 63
of 1948 s. 9; No. 33 of 1964 s. 17; No. 68 of 1964 s. 10; No. 113 of 1965 s.
8; No. 54 of 1983 s. 7; No. 40 of 1987 s. 32 and 84; No. 79 of 1987 s. 12; No.
36 of 2000 s. 28(1), (2) and (3); No. 64 of 2006 s. 24; No. 20 of 2021 s. 31;
No. 30 of 2023 s. 39.]
[Heading inserted: No. 14 of 2016 s. 28(3).]