Western Australian Current Acts

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REFERENDUMS ACT 1983 - SECT 3

3 .         Construction of applied provisions

        (1)         Where pursuant to this Act any provision of the Electoral Act 1907 applies to or in relation to a referendum or to or in relation to any act, matter or thing pertaining to a referendum or done or to be done pursuant to this Act —

            (a)         the provision shall so apply mutatis mutandis subject to such modifications, additions or deletions, if any, as are prescribed by this Act or by regulations made under this Act; and

            (b)         any regulation, order or other statutory instrument made under or for the purposes of that provision shall so apply in like manner.

        (2)         In the application of any provision, regulation, order or statutory instrument as referred to in subsection (1) —

            (a)         a reference to a polling day shall be read as a reference to the day fixed for the taking of the votes of the electors for the purposes of a referendum;

            (b)         a reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of a referendum;

            (c)         a reference to the close of nominations shall be read —

                  (i)         where a referendum is held on the same day as an election, as a reference to the time of the close of nominations for the election;

                  (ii)         in any other case, as a reference to 6 p.m. on the day that is 7 days after the day on which the writ for a referendum is issued;

            (d)         a reference to electoral matter or to electoral papers shall be read as a reference to corresponding matter or papers in relation to a referendum.

        (3)         Notwithstanding any provision or regulation referred to in subsection (1) a ballot paper used for the purposes of a referendum shall not be rejected as informal except for a reason specified in this Act or regulations made under this Act.

        [Section 3 amended: No. 79 of 1987 s. 80.]



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