Western Australian Current Acts

ELECTORAL ACT 1907 - SECT 90

90 .         Appointing places in relation to voting

        (1)         For the purpose of an election, the Electoral Commissioner may, by written notice published on the Commission website, do any or all of the following —

            (a)         appoint a place as a polling place for the whole of State electorate;

            (b)         appoint a place as a polling place for 1 or more districts;

            (c)         appoint a polling place as either or both of the following —

                  (i)         a polling place at which a person may vote in an election on an early voting day;

                  (ii)         a polling place at which a person may vote in an election on polling day;

            (d)         appoint, or appoint part of, any of the following as a mobile voting place —

                  (i)         an institution or hospital where persons reside;

                  (ii)         a prison as defined in the Prisons Act 1981 section 3(1);

                  (iii)         a psychiatric hospital;

                  (iv)         a nursing home;

            (e)         if the Electoral Commissioner considers it is difficult for persons to vote at a polling place in an area of the State because of the area’s remoteness or for another reason, appoint, or appoint part of, any other location or place in that area as a mobile voting place;

            (f)         fix a voting area in relation to each polling place and mobile voting place.

        (2)         Each place appointed as a place to vote for a district or districts is taken to have been appointed as a place to vote for the whole of State electorate.

        (3)         If a place is a licensed premises, as defined in the Liquor Control Act 1988 section 3(1), a notice under subsection (1) cannot appoint the place, or a part of it, as a place to vote unless the Electoral Commissioner considers, and states in the notice, that there are exceptional circumstances justifying the appointment.

        (4)         An appointment under subsection (3) may be the subject of conditions.

        (5)         A voting area fixed under subsection (1)(f) must —

            (a)         be adjacent to an entrance for the place to vote; and

            (b)         have boundaries that are no more than 100 m from an entrance for the place to vote.

        (6)         A written notice made under subsection (1) is not subsidiary legislation.

        [Section 90 inserted: No. 30 of 2023 s. 80.]