Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 1995 - SECT 4.20

4.20 .         CEO to be returning officer unless other arrangements made

        (1)         Subject to this section the CEO is the returning officer of a local government for each election.

        (2)         A local government may, having first obtained the written agreement of the person concerned and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for —

            (a)         an election; or

            (b)         all elections held while the appointment of the person subsists.

        * Absolute majority required.

        (3)         An appointment under subsection (2) —

            (a)         is to specify the term of the person’s appointment; and

            (b)         has no effect if it is made after the 80 th day before an election day.

        (4)         A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.

        * Absolute majority required.

        (5)         A declaration under subsection (4) has no effect if it is made after the 80 th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

        (6)         A declaration made under subsection (4) on or before the 80 th day before election day cannot be rescinded after that 80 th day.

        [Section 4.20 amended: No. 64 of 1998 s. 19(1); No. 49 of 2004 s. 16(4) and 32(1)-(4).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback