Western Australian Current Acts Western Australian Current Acts (1) After the
Electoral Commissioner has received from each of the returning officers the
statement referred to in section 27(1)(d) and the postal ballot papers and the
ballot papers for absent voting and provisional voting under the
Electoral Act 1907 Part IV Division 3A Subdivision 3 (as applied to the
referendum by section 18) have been counted, the Electoral Commissioner shall
indorse on the original writ a statement showing as regards each district and
as regards the whole State —
(a) the
number of votes marked, respectively, in each of the authorised manners; and
(b) the
number of ballot papers rejected as informal,
and shall sign the
statement and in the case of a referendum as to a Bill, transmit the writ to
the Governor.
(2) The day on which
the writ was indorsed under subsection (1) shall be deemed to be the day of
the return thereof.
(3) The Electoral
Commissioner shall cause a copy of the statement indorsed on the writ under
subsection (1) to be published in the Gazette , and the statement so published
shall, subject to this Act, be conclusive evidence of the result of the
referendum.
(4) Where the
Electoral Commissioner is satisfied that the votes —
(a) on
any ballot papers issued at a mobile voting place as defined in the
Electoral Act 1907 section 4(1) that is a place to vote in connection with the
referendum, which have not been received by the Electoral Commissioner; and
(b) on
postal ballot papers and the ballot papers for absent voting and provisional
voting under the Electoral Act 1907 Part IV Division 3A Subdivision 3 (as
applied to the referendum by section 18), which have not been received by the
Electoral Commissioner,
cannot, having regard
to the number of those ballot papers, possibly affect the result of the
referendum the Electoral Commissioner may indorse a statement on the writ
under subsection (1) (including in that statement the number of those ballot
papers), return the writ under subsection (1), and publish a copy of the
statement under subsection (3), without awaiting the receipt of those ballot
papers.
[Section 30 amended: No. 40 of 1987 s. 103; No. 79
of 1987 s. 80; No. 36 of 2000 s. 49(3), 54(3) and (4); No. 8 of 2009 s. 109;
No. 30 of 2023 s. 198.]