Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 5H

5H .         Deputy Electoral Commissioner, functions of

        (1)         The Deputy Electoral Commissioner shall assist the Electoral Commissioner as directed by the Electoral Commissioner and must perform any function delegated to the Deputy Electoral Commissioner under section 5G.

        (2)         Subject to section 5D, when —

            (a)         the Electoral Commissioner is absent from duty for any reason or is absent from the State; or

            (b)         the Electoral Commissioner has been suspended; or

            (c)         the office of Electoral Commissioner is vacant,

                the Deputy Electoral Commissioner shall act in the office of the Electoral Commissioner during the absence, suspension or vacancy and, while the Deputy Electoral Commissioner is so acting —

            (d)         the Deputy Electoral Commissioner may perform all the functions of the Electoral Commissioner and anything done by the Deputy Electoral Commissioner in so performing those functions has the like effect as if it were done by the Electoral Commissioner; and

            (e)         any act or thing that is required under a written law to be done to, by reference to or in relation to the Electoral Commissioner shall be regarded as effectually done if done to, by reference to or in relation to the Deputy Electoral Commissioner.

        [Section 5H inserted: No. 40 of 1987 s. 20; amended: No. 30 of 2023 s. 182.]