Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 4.33

4.33 .         Claim of eligibility to enrol under s. 4.30, expiry of

        (1)         If an enrolment eligibility claim made by a person on the basis of ownership of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires when the person ceases to own the property to which the claim relates.

        (1A)         If an enrolment eligibility claim made by a person on the basis of occupation of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires —

            (a)         when the person ceases to occupy, as the case requires —

                  (i)         the rateable property to which the claim relates; or

                  (ii)         the portion of a rateable property, as described in section 4.31(1D)(a) or (b), to which the claim relates;

                or

            (b)         if the claim has not already expired under paragraph (a) — on the day provided for under subsections (2A) to (3).

        Note for this subsection:

                For the purposes of paragraph (a), the reference to the person ceasing to occupy must be construed in accordance with section 4.31(1C) and any regulations made for the purposes of section 4.31(1CA).

        (2A)         Unless subsection (2B) or (3) applies, if an enrolment eligibility claim made by a person on the basis of occupation of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires on the day 6 months after the holding of the second ordinary elections of the local government after the claim is accepted.

        (2B)         If an enrolment eligibility claim on the basis of occupation of rateable property within the electorate is —

            (a)         made within the period of 56 days before the election day for ordinary elections of the local government; and

            (b)         accepted under section 4.32(4) or (8) before the election day,

                the claim expires on the day 6 months after the holding of the third ordinary elections of the local government after the claim is accepted.

        (2)         For the purpose of subsection (2A) or (2B), an election that would have been held on a particular day but for the suspension of the council of the local government is to be regarded as having been held on that day.

        (3)         If the day on which an enrolment eligibility claim would expire under subsection (2A) or (2B) is less than 57 days before an election at which the occupier would be eligible to vote, the enrolment eligibility claim does not expire until the day after that election day.

        [Section 4.33 amended: No. 64 of 1998 s. 21; No. 49 of 2004 s. 34; No. 17 of 2009 s. 15; No. 11 of 2023 s. 31.]