Western Australian Current Acts

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LOCAL GOVERNMENT ACT 1995 - SECT 5.21

5.21 .         Voting

        (1)         Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

        (2)         Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

        (3)         If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

        (4)         If a matter is voted on at a meeting of a council or committee, the person presiding must cause the following information to be recorded in the minutes —

            (a)         the total votes cast for;

            (b)         the total votes cast against;

            (c)         the individual vote of each member of the council or committee.

        (4A)         Subsection (4) does not apply to a vote that is required to be by secret ballot under Schedule 2.3.

        (4B)         Regulations may prescribe how information is to be recorded for the purposes of subsection (4)(a), (b) or (c).

        (5)         A person who fails to comply with subsection (2) or (3) commits an offence.

        [Section 5.21 amended: No. 49 of 2004 s. 43; No. 11 of 2023 s. 57.]



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