Western Australian Numbered Acts Western Australian Numbered Acts At the end of
Part 4 Division 1 insert:
4.1C. Orders mandating method of conducting
election: postal elections
(1) The Governor may,
on the recommendation of the Minister, by order provide that, until the order
is revoked, each election for a specified local government must be conducted
as a postal election.
(2) In
subsection (1) —
specified means specified in the order.
(3) An order under
subsection (1) —
(a)
applies despite section 4.61; and
(b) does
not require an election to be conducted as a postal election if election day
is on or before the 80 th day after the day on which the order is published in
the Gazette ; and
(c) may
include other exceptions to the requirement that each election must be
conducted as a postal election.
(4) In relation to an
election that must be conducted as a postal election —
(a) the
local government is taken to have made, on the 80 th day referred to in
section 4.20(5), a declaration under section 4.20(4) that the
Electoral Commissioner is to be responsible for the conduct of the election;
and
(b) that
declaration cannot be rescinded; and
(c) the
Electoral Commissioner must, under section 4.20(4), appoint a person to
be the returning officer for the local government for the election
accordingly.
(5) The Minister can
make a recommendation under subsection (1) in relation to a local
government only if satisfied that —
(a) for
the purpose of promoting participation in voting at elections for the local
government, postal elections, as opposed to voting in person elections, are
the more suitable type of election; and
(b)
because of particular circumstances relating to the local government or its
district, it is appropriate to make postal elections mandatory for the local
government.
(6)
Subsection (5) does not apply to a recommendation to revoke an order made
under subsection (1).
Note for this subsection:
The power to make an
order under subsection (1) includes power to revoke the
order — see section 9.65(2).
(7) Before making a
recommendation under subsection (1), the Minister must consult the
Electoral Commissioner.
(8) The
Interpretation Act 1984 section 42 applies to an order made under
subsection (1) as if the order were regulations made under this Act.
4.1D. Orders mandating method of conducting
election: voting in person elections
(1) The Governor may,
on the recommendation of the Minister, by order provide that, until the order
is revoked, each election for a specified local government must be conducted
as a voting in person election.
(2) In
subsection (1) —
specified means specified in the order.
(3) An order under
subsection (1) —
(a)
applies despite section 4.61; and
(b) does
not require an election to be conducted as a voting in person election if
election day is on or before the 80 th day after the day on which the order is
published in the Gazette ; and
(c) may
include other exceptions to the requirement that each election must be
conducted as a voting in person election.
(4) The Minister can
make a recommendation under subsection (1) in relation to a local
government only if satisfied that —
(a) for
the purpose of promoting participation in voting at elections for the local
government, voting in person elections, as opposed to postal elections, are
the more suitable type of election; and
(b)
because of particular circumstances relating to the local government or its
district, it is appropriate to make voting in person elections mandatory for
the local government.
(5)
Subsection (4) does not apply to a recommendation to revoke an order made
under subsection (1).
Note for this subsection:
The power to make an
order under subsection (1) includes power to revoke the
order — see section 9.65(2).
(6) Before making a
recommendation under subsection (1), the Minister must consult the
Electoral Commissioner.
(7) The
Interpretation Act 1984 section 42 applies to an order made under
subsection (1) as if the order were regulations made under this Act.