Western Australian Current Acts Western Australian Current Acts (1) The CEO may decide
that a person is no longer eligible under section 4.30 to be enrolled to vote
at elections for a district or ward if —
(a) the
person has given the CEO written notice that the person is no longer eligible
to be so enrolled; or
(b) the
CEO is satisfied that the person is dead; or
(c) the
CEO is satisfied that the person is no longer eligible to be so enrolled.
(2) The CEO is to give
written notice to the person before making a decision under subsection (1)(c)
and is to allow 28 days for the person to make submissions on the matter.
(3) If the CEO makes a
decision under subsection (1)(c) the CEO is to give written notice of it to
the person.
(4) If dissatisfied
with the decision, the person may appeal to the Electoral Commissioner in
accordance with regulations and the Electoral Commissioner can confirm or
reverse the decision.
(4A) Regulations may
make provision in relation to the conduct of an appeal, including (without
limitation) provision restricting, or authorising the Electoral Commissioner
to restrict, the information, documents or items upon which an appellant can
rely.
(5) On receipt of
advice of the Electoral Commissioner’s decision on an appeal, the CEO is
to take any action that is necessary to give effect to that decision.
(6) If, after
considering submissions made under subsection (2), the CEO decides that the
person is still eligible under section 4.30 to be enrolled to vote at
elections for the district or ward, the CEO is to give written notice of that
decision to the person.
(7) The CEO is to
record any decision under subsection (1) or (6) in the register referred to in
section 4.32(6).
[Section 4.35 amended: No. 49 of 2004 s. 35; No.
11 of 2023 s. 32.]
[Heading inserted: No. 19 of 2010 s. 44(2).]
[Heading inserted: No. 19 of 2010 s. 44(2).]