Local Government Act 1995
Local Government (Constitution) Regulations 1998
Western Australia
Local Government (Constitution) Regulations 1998
Contents
Part 1 — Preliminary
1.Citation1
2.Terms used in these regulations1
Part 1A — Classes of local governments
2A.Local governments divided into 4 classes2
2B.Regional local governments2
Part 2 — Districts and wards
Division 1 — Orders under section 2.1
3.Interpretation4
4.Creating a new district: consequences4
5.Changing district boundaries: consequences5
6.Abolishing a district: consequences7
7.Effect of section 2.1 order on local laws11
Division 2 — Matters under Schedules 2.1 and 2.2 to the Act
8.Proposals for creating, changing the boundaries of, or abolishing districts (Sch. 2.1 cl. 2)14
9.Request for a poll on a recommended amalgamation (Sch. 2.1 cl. 8)14
10.Submission about changes to wards, names or representation (Sch. 2.2 cl. 3)14
Division 3 — Districts that cannot be divided into wards
10AA.Term used: class 3 or 4 district15
10AB.Class 3 or 4 district cannot be divided into wards (s. 2.2A(1)(a))15
10AC.Abolition of wards in class 3 or 4 district (s. 2.2A(1)(b) and (2)(b) and (c))15
Part 3 — Offices on councils
Division 1 — Method of filling office of mayor or president
10AD.Proposals to change method of filling office of mayor or president (s. 2.12)17
10AE.Class 1 or 2 local government must use election by electors method (s. 2.12B(1)(a))17
10AF.Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a))17
Division 2 — Matters under Schedule 2.3 of Act
10A.Terms used19
11A.Election of mayor, president, deputy mayor or deputy president by council (Sch. 2.3)20
11B.Ballot papers to be authentic (Sch. 2.3 cl. 4 and 8)20
11C.Spoilt ballot papers (Sch. 2.3 cl. 4 and 8)21
11D.Marking and dealing with the ballot paper (Sch. 2.3 cl. 4 and 8)21
11E.Assistance to be given to council members who cannot otherwise vote (Sch. 2.3 cl. 4 and 8)21
11EA.Drawing of lots (Sch. 2.3 cl. 4, 5, 8 and 9)22
11F.Declaration and notice of result of election — (Sch. 2.3 cl. 4 and 8)22
11FA.Report to Minister (Sch. 2.3 cl. 4 and 8)23
11G.Records of election to be retained (Sch. 2.3 cl. 4 and 8)24
11H.Notice of effect of Court’s decision (Sch. 2.3 cl. 12)24
Division 3 — Other provisions
12.Disqualification for membership; serious local government offences (s. 2.22)25
13.Oaths, affirmations and declarations (s. 2.29, 2.42)25
Part 4 — Miscellaneous
14.Transitional provision: Certain council members (s. 9.71)27
14A.Transitional provision: reviews under Sch. 2.2 cl. 6 of Act27
14B.Transitional provision: elections under Sch. 2.3 of Act28
Schedule 1 — Forms
Schedule 2 — Classes of local governments
Division 1 — Class 1 local governments
Division 2 — Class 2 local governments
Division 3 — Class 3 local governments
Division 4 — Class 4 local governments
Notes
Compilation table44
Defined terms
Local Government Act 1995
Local Government (Constitution) Regulations 1998
These regulations may be cited as the Local Government (Constitution) Regulations 1998.
2.Terms used in these regulations
In these regulations, unless the contrary intention appears —
Form means a Form in Schedule 1;
section means a section of the Local Government Act 1995.
Part 1A — Classes of local governments
[Heading inserted: SL 2023/102 r. 10.]
2A.Local governments divided into 4 classes
For the purposes of these regulations and any other regulations made under the Act —
(a)a class 1 local government is a local government listed in Schedule 2 Division 1; and
(b)a class 2 local government is a local government listed in Schedule 2 Division 2; and
(c)a class 3 local government is a local government listed in Schedule 2 Division 3; and
(d)a class 4 local government is a local government listed in Schedule 2 Division 4.
[Regulation 2A inserted: SL 2023/102 r. 10.]
(1)This regulation applies for the purposes of any provision of regulations made under the Act —
(a)that applies to regional local governments under section 3.66; and
(b)in which any of the following terms is used —
(i)class 1 local government;
(ii)class 2 local government;
(iii)class 3 local government;
(iv)class 4 local government.
(2)No regional local government is a class 1 local government.
(3)Each of the following is a class 2 local government —
(a)Eastern Metropolitan Regional Council;
(b)Resource Recovery Group;
(c)Catalina Regional Council.
(4)Each of the following is a class 3 local government —
(a)Mindarie Regional Council;
(b)Rivers Regional Council.
(5)Each of the following is a class 4 local government —
(a)Bunbury‑Harvey Regional Council;
(b)Murchison Regional Vermin Council;
[(c)deleted]
(d)Western Metropolitan Regional Council.
[Regulation 2B inserted: SL 2023/102 r. 10; amended: SL 2023/158 r. 10.]
Division 1 — Orders under section 2.1
(1)If there is a reference in a provision in this Part to a district described as “district A” then a reference in that provision to “local government A” is a reference to the local government of district A.
(2)Subregulation (1), with necessary changes, applies in respect of other districts similarly described.
4.Creating a new district: consequences
(1)This regulation applies if an order is made under section 2.1 declaring an area of the State to be a district.
(2)The first general meeting of the electors of the district is to be held under section 5.27 after the local government of the district accepts the annual report for its first financial year.
(3)If, on the commencement of the order referred to in subregulation (1), a part of the area of a district (“district A”) (which is not abolished) is included in the area of the new district (“district B”), then on that commencement any Crown land that is in that part of district A and that, immediately before that commencement, is under the care, control and management of local government A becomes under the care, control and management of local government B on the same conditions to which the care, control and management of that Crown land by local government A were subject.
[Regulation 4 amended: Gazette 12 Dec 2014 p. 4734.]
5.Changing district boundaries: consequences
(1)In this regulation —
commencement means the commencement of the order referred to in subregulation (2).
(2)This regulation applies if an order is made under section 2.1 changing the boundaries of a district (“district A”).
(3)If as a result of the order the whole of the area of a ward of district A is severed from it, then on commencement —
(a)the ward is abolished; and
(b)the number of offices of councillor on the council of local government A is reduced by the number of offices of councillor for the ward.
(4)If as a result of the order the area of district A incorporates a part of the area of another district (which is not abolished) (“district B”), then on commencement —
(aa)any Crown land that is in that part of district B and that, immediately before commencement, is under the care, control and management of local government B becomes under the care, control and management of local government A on the same conditions to which the care, control and management of that Crown land by local government B were subject; and
(a)if under section 4.32 a person has, in respect of rateable property in that part of district B, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —
(i)the claim is to be taken to have been made and accepted in respect of district A on the day on which it was accepted in respect of district B; and
(ii)for the purposes of section 4.33, any ordinary elections of local government B held after the claim was so accepted are to be treated as if they had been held by local government A;
and
(b)the method of valuation of land used by local government B as a basis for a rate in respect of land in that part of district B immediately before commencement becomes the method of valuation to be used by local government A in respect of that land; and
(c)if immediately before commencement that part of district B is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —
(i)the scheme has effect in respect of that part as if it were a scheme prepared by local government A in respect of that part, approved by the Minister under that Act, and published under that Act on commencement; and
(ii)in so far as the scheme applies to that part, local government A is taken to be the responsible authority for the purposes of that Act; and
(iii)in so far as the scheme applies to that part, a reference in the scheme to local government B is to be taken to be a reference to local government A;
and
(d)if a matter or procedure under a written law in relation to any land in that part of district B has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government B or another person, has effect as if it had been performed by local government A or that other person and the matter or procedure may be completed by local government A or that other person; and
(e)actions and proceedings by or against local government B are not affected.
[Regulation 5 amended: Gazette 12 Dec 2014 p. 4734‑5.]
6.Abolishing a district: consequences
(1)In this regulation —
commencement means the commencement of the order referred to in subregulation (2).
(2)This regulation applies if an order is made under section 2.1 abolishing a district (“district A”).
(3)On commencement —
(a)local government A is disestablished;
(b)all offices of members of the council of local government A cease to exist.
(4)If on commencement the whole of the area of district A is included in the area of one other district (“district B”), whether by means of a boundary change to an existing district or by means of a declaration of a new district, then on commencement —
(a)the property, rights and liabilities of local government A become those of the local government B; and
(b)if under section 4.32 a person has, in respect of rateable property in district A, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —
(i)the claim is to be taken to have been made and accepted in respect of district B on the day on which it was accepted in respect of district A; and
(ii)for the purposes of section 4.33, any ordinary elections of local government A held after the claim was so accepted are to be treated as if they had been held by local government B;
and
(c)the method of valuation of land used by local government A as a basis for a rate in respect of land in district A immediately before commencement becomes the method of valuation to be used by local government B in respect of that land; and
(d)if immediately before commencement any land in district A is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —
(i)the scheme has effect in respect of that area as if it were a scheme prepared by local government B in respect of that area, approved by the Minister under that Act, and published under that Act on commencement; and
(ii)in so far as the scheme applies to that area, local government B is taken to be the responsible authority for the purposes of that Act; and
(iii)in so far as the scheme applies to that area, a reference in the scheme to local government A is to be taken to be a reference to local government B;
and
(e)if a matter or procedure under a written law in relation to any land in district A has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government A or another person, has effect as if it had been performed by local government B or that other person and the matter or procedure may be completed by local government B or that other person; and
(f)if a matter or procedure under a written law has not been completed by local government A before commencement, the matter or procedure may be completed by local government B; and
(g)a person who, immediately before commencement, has a contract of employment with local government A, is to be taken to have an identical contract of employment with local government B; and
(h)a person who, immediately before commencement, holds an appointment made under a written law by local government A for the purposes of enforcing or administering that written law, becomes a person appointed by local government B for those purposes; and
(i)a reference in any instrument, contract, written law, or proceedings made or commenced before commencement to local government A shall be read and construed as a reference to local government B; and
(j)actions and other proceedings commenced by or against local government A and pending immediately before commencement may be continued by or against local government B; and
(k)actions and other proceedings which could have been brought by or against local government A may be brought by or against local government B.
(5)If on commencement, a part of the area of district A is included in the area of another district (“district B”), whether by means of a boundary change to an existing district or by means of a declaration of a new district, then on commencement —
(aa)any Crown land that is in that part of district A and that, immediately before commencement, is under the care, control and management of local government A becomes under the care, control and management of local government B on the same conditions to which the care, control and management of that Crown land by local government A were subject; and
(a)if under section 4.32 a person has, in respect of rateable property in that part of district A, made an enrolment eligibility claim that has been accepted and still has effect under section 4.33 immediately before commencement —
(i)the claim is to be taken to have been made and accepted in respect of district B on the day on which it was accepted in respect of district A; and
(ii)for the purposes of section 4.33, any ordinary elections of local government A held after the claim was so accepted are to be treated as if they had been held by local government B;
and
(b)the method of valuation of land used by local government A as a basis for a rate in respect of land in that part of district A immediately before commencement becomes the method of valuation to be used by local government B in respect of that land; and
(c)if immediately before commencement that part of district A is subject to a local planning scheme that is in force under the Planning and Development Act 2005 —
(i)the scheme has effect in respect of that part as if it were a scheme prepared by local government B in respect of that part, approved by the Minister under that Act, and published under that Act on commencement; and
(ii)in so far as the scheme applies to that part, local government B is taken to be the responsible authority for the purposes of that Act; and
(iii)in so far as the scheme applies to that part, a reference in the scheme to local government A is to be taken to be a reference to local government B;
and
(d)if a matter or procedure under a written law in relation to any land in that part of district A has not been completed before commencement, any function performed in respect of that land under that law before commencement, whether by local government A or another person, has effect as if it had been performed by local government B or that other person and the matter or procedure may be completed by local government B or that other person; and
(e)actions and other proceedings commenced by or against local government A in relation to any land, or in relation to a matter that occurred on any land, in that part of district A and pending immediately before commencement may be continued by or against local government B; and
(f)actions and other proceedings which could have been brought by or against local government A in relation to any land, or in relation to a matter that occurred on any land, in that part of district A may be brought by or against local government B.
[Regulation 6 amended: Gazette 12 Dec 2014 p. 4735.]
7.Effect of section 2.1 order on local laws
(1)In this regulation —
commencement means —
(a)in subregulation (2), the commencement of the order referred to in subregulation (2);
(b)in subregulation (3), the commencement of the order referred to in subregulation (3).
(2)If as a result of an order made under section 2.1 an area of the State is declared to be a district (“district A”) and the area includes —
(a)a part of the area of a district (“district B”) the boundaries of which are changed by the order; or
(b)the whole, or a part, of the area of a district (“district C”) that is abolished by the order; or
(c)a combination of the areas described in paragraphs (a) and (b),
then on commencement —
(d)the local laws that applied in that part of the area of district B immediately before the commencement continue to apply in respect of that part of the area of district B that is included in district A; and
(e)the local laws that applied in the whole, or that part, of the area of district C immediately before the commencement continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and
(f)the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and
(g)the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —
(i)are to be administered and enforced by local government A; and
(ii)subject to Division 2 of Part 3 of the Act, may be amended or repealed by local government A,
as if they were local laws of local government A.
(3)If as a result of an order made under section 2.1 an area of the State is included in the area of another district (“district A”) and the area of the State includes —
(a)a part of the area of a district (“district B”) the boundaries of which are changed by the order; or
(b)the whole, or a part, of the area of a district (“district C”) that is abolished by the order; or
(c)a combination of the areas described in paragraphs (a) and (b),
then on commencement —
(d)the local laws that applied in that part of the area of district B immediately before the commencement continue to apply in respect of that part of the area of district B that is included in district A; and
(e)the local laws that applied in the whole, or that part, of the area of district C immediately before the commencement continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and
(f)the local laws of local government C continue to apply in respect of the whole, or that part, of the area of district C that is included in district A; and
(g)the local laws of local governments B and C, in so far as they continue to apply in respect of those areas —
(i)are to be administered and enforced by local government A; and
(ii)subject to Part 3 Division 2 of the Act, may be amended or repealed by local government A,
as if they were local laws of local government A; and
(h)until the local laws of local government A provide otherwise, the local laws of local government A do not apply in respect of —
(i)that part of the area of district B that is included in district A; or
(ii)the whole, or that part, of the area of district C that is included in district A.
[Regulation 7 amended: Gazette 12 Dec 2014 p. 4735‑7.]
Division 2 — Matters under Schedules 2.1 and 2.2 to the Act
8.Proposals for creating, changing the boundaries of, or abolishing districts (Sch. 2.1 cl. 2)
A proposal by affected electors under clause 2 of Schedule 2.1 to the Act is to be in the form of Form 1.
9.Request for a poll on a recommended amalgamation (Sch. 2.1 cl. 8)
A request by electors under clause 8 of Schedule 2.1 to the Act asking for a recommendation of the Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts is to be in the form of Form 2.
10.Submission about changes to wards, names or representation (Sch. 2.2 cl. 3)
A submission by affected electors under clause 3 of Schedule 2.2 to the Act is to be in the form of Form 3.
Division 3 — Districts that cannot be divided into wards
[Heading inserted: SL 2023/102 r. 11.]
10AA.Term used: class 3 or 4 district
In this Division —
class 3 or 4 district means a district that is —
(a)the district of a class 3 local government; or
(b)the district of a class 4 local government.
[Regulation 10AA inserted: SL 2023/102 r. 11.]
10AB.Class 3 or 4 district cannot be divided into wards (s. 2.2A(1)(a))
(1)For the purposes of section 2.2A(1)(a), a class 3 or 4 district cannot be divided into wards.
(2)Subregulation (1) is subject to regulation 10AC(3).
[Regulation 10AB inserted: SL 2023/102 r. 11.]
10AC.Abolition of wards in class 3 or 4 district (s. 2.2A(1)(b) and (2)(b) and (c))
(1)In this regulation —
amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 11 comes into operation;
next election, in relation to a class 3 or 4 district, means the first ordinary election after amendment day for the local government of which it is the district;
next election day, in relation to a class 3 or 4 district, means the day fixed under the Act for the holding of any poll needed for the next election (whether or not any poll is actually held).
(2)This regulation applies to a class 3 or 4 district which, immediately before amendment day, is divided into wards.
(3)Regulation 10AB(1) does not apply to the class 3 or 4 district before next election day.
(4)For the purposes of section 2.2A(1)(b), all of the wards are abolished on next election day.
(5)For the purposes of section 2.2A(2)(b), Part 4 of the Act applies for the purpose of preparing for, and conducting, the next election as if the abolition of all of the wards takes effect on amendment day.
Note for this subregulation:
The operation of Part 4 of the Act is modified to the extent necessary to give effect to this subregulation — see section 2.2A(2)(c).
(6)Subregulations (4) and (5) do not apply if all of the wards are to be abolished on next election day by an order made under the Act that is published in the Gazette before amendment day.
[Regulation 10AC inserted: SL 2023/102 r. 11.]
Division 1 — Method of filling office of mayor or president
[Heading inserted: SL 2023/102 r. 12.]
10AD.Proposals to change method of filling office of mayor or president (s. 2.12)
A proposal by electors under section 2.12 to change the method of filling the office of mayor or president of a local government to the other method mentioned in section 2.11(1)(a) or (b) must be in the form of Form 4.
[Regulation 10AD inserted: SL 2023/102 r. 12.]
10AE.Class 1 or 2 local government must use election by electors method (s. 2.12B(1)(a))
(1)For the purposes of section 2.12B(1)(a), the method of filling the office of mayor or president used by a local government that is a class 1 local government or a class 2 local government —
(a)must be the election by the electors method; and
(b)cannot be changed to the election by the council method.
(2)Subregulation (1) does not apply to the City of Perth.
Note for this subregulation:
The City of Perth Act 2016 section 20 provides for the City of Perth to use the election by the electors method.
[Regulation 10AE inserted: SL 2023/102 r. 12.]
10AF.Change of method of filling office of mayor or president (s. 2.12B(1)(b) and (2)(a), 2.13(4)(a))
(1)In this regulation —
amendment day means the day on which the Local Government Regulations Amendment Regulations (No. 2) 2023 regulation 12 comes into operation;
relevant local government means —
(a)a class 1 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 1 local government is the election by the council method; or
(b)a class 2 local government if, immediately before amendment day, the method of filling the office of mayor or president used by the class 2 local government is the election by the council method.
(2)For the purposes of section 2.12B(1)(b), the method of filling the office of mayor or president used by a relevant local government is changed to the election by the electors method.
(3)For the purposes of section 2.13(4)(a), the change has effect in relation to the filling of the office of mayor or president at the next ordinary elections for the relevant local government that are held after amendment day.
Note for this subregulation:
This subregulation makes the provision required by section 2.12B(2)(a) because of the provision made by subregulation (2).
(4)Subregulations (2) and (3) do not apply to a relevant local government if —
(a)before amendment day, the relevant local government made a decision under section 2.11(2) to change the method of filling the office of mayor or president used by it to the election by the electors method; and
(b)in accordance with section 2.13(1), the change has effect in relation to the filling of the office of mayor or president at the next ordinary elections for the relevant local government that are held after amendment day.
[Regulation 10AF inserted: SL 2023/102 r. 12.]
Division 2 — Matters under Schedule 2.3 of Act
[Heading inserted: SL 2023/102 r. 13.]
In this Division —
election means an election under Schedule 2.3 to the Act;
first‑preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;
records of the election includes —
(a)each marked ballot paper returned to the CEO under regulation 11D(2); and
(b)each ballot paper marked by the CEO on behalf of a council member under regulation 11E; and
(c)each ballot paper endorsed “spoilt” under regulation 11C; and
(d)a paper record that shows the number of first‑preference votes that each candidate had; and
(e)if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) — a paper record that shows —
(i)each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and
(ii)details of the setting aside or transfer of ballot papers under Schedule 4.1 clause 5(2)(b) or (c) of the Act; and
(iii)the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.
[Regulation 10A inserted: Gazette 31 Mar 2005 p. 1044; amended: Gazette 21 Aug 2007 p. 4184-5; 28 Aug 2009 p. 3371; SL 2023/102 r. 14.]
[11.Deleted: SL 2023/102 r. 15.]
11A.Election of mayor, president, deputy mayor or deputy president by council (Sch. 2.3)
(1)The CEO is to cause sufficient numbers of ballot papers to be printed for the purposes of the election.
(2)The CEO is to cause the ballot papers to be printed so that the names of the candidates appear on the ballot paper —
(a)in alphabetical order; or
(b)in such order as is determined using a method selected by the CEO which is fair to all of the candidates.
(3)The ballot papers are to be in the form of Form 10 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of the election.
(4)Section 4.69(2) to (4) apply in relation to the casting of votes, modified as is necessary for the purposes of the election.
[(5)deleted]
[Regulation 11A inserted: Gazette 31 Mar 2005 p. 1044-5; amended: Gazette 21 Aug 2007 p. 4185; 28 Aug 2009 p. 3372; SL 2023/102 r. 16.]
11B.Ballot papers to be authentic (Sch. 2.3 cl. 4 and 8)
Before giving a person a ballot paper under this Part the CEO is to initial the back of it or make sure that it is authenticated in some other way.
[Regulation 11B inserted: Gazette 31 Mar 2005 p. 1045.]
11C.Spoilt ballot papers (Sch. 2.3 cl. 4 and 8)
If the CEO is satisfied that a ballot paper given to a council member has been spoilt by accident or mistake, the CEO is to —
(a)give the person a replacement ballot paper; and
(b)endorse “spoilt” on the spoilt ballot paper.
[Regulation 11C inserted: Gazette 31 Mar 2005 p. 1045; amended: Gazette 21 Aug 2007 p. 4188.]
11D.Marking and dealing with the ballot paper (Sch. 2.3 cl. 4 and 8)
(1)Subject to regulation 11E, a council member who receives a ballot paper under this Part is to mark the ballot paper in such a manner that it cannot be seen by anyone else.
(2)The council members are to return the marked ballot paper to the CEO.
[Regulation 11D inserted: Gazette 31 Mar 2005 p. 1045; amended: Gazette 21 Aug 2007 p. 4188.]
11E.Assistance to be given to council members who cannot otherwise vote (Sch. 2.3 cl. 4 and 8)
(1)If a council member who receives a ballot paper under this Part cannot vote without assistance because of impairment of sight or any other impairment or condition affecting the council member’s ability to read or to write, the council member may request the CEO to mark on the ballot paper the vote that the council member wishes to cast.
(2)If a request is made under subregulation (1) the CEO, or another local government employee authorised for that purpose by the CEO, is to mark the ballot paper to record the vote that the council member wishes to cast.
[Regulation 11E inserted: Gazette 31 Mar 2005 p. 1045-6; amended: Gazette 21 Aug 2007 p. 4188.]
11EA.Drawing of lots (Sch. 2.3 cl. 4, 5, 8 and 9)
If a provision of Schedule 4.1 of the Act (as applied under Schedule 2.3 of the Act) requires the drawing of lots, the applicable regulation of the Local Government (Elections) Regulations 1997 Part 12C Division 4 applies, modified as is necessary for the purposes of the election.
Note for this regulation:
A requirement to draw lots under Schedule 4.1 clause 2(2) or 5(6)(b) of the Act is subject to Schedule 2.3 clause 5(1) or 9(1) of the Act (as the case requires).
[Regulation 11EA inserted: SL 2023/102 r. 17.]
11F.Declaration and notice of result of election — (Sch. 2.3 cl. 4 and 8)
(1)The person conducting the election is to declare the result of the election to the council members at the meeting at which the election was held.
(2)The declaration is to include —
(a)the names of the candidates; and
[(aa)deleted]
(b)the name and term of office of the candidate declared elected.
(3)The declaration may include the following information —
(a)the number of first‑preference votes that each candidate had;
(b)if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act (as applied under Schedule 2.3 of the Act) —
(i)each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and
(ii)details of the setting aside or transfer of ballot papers under Schedule 4.1 clause 5(2)(b) or (c) of the Act; and
(iii)the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act.
(4)The person conducting the election must also give local public notice of the result of the election.
(5)The local public notice must be in the form of Form 19 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.
(6)If applicable, a document approved by the person conducting the election that contains the details referred to in subregulation (3)(b)(ii) must be published on the local government’s official website with the local public notice.
[Regulation 11F inserted: Gazette 31 Mar 2005 p. 1046; amended: Gazette 21 Aug 2007 p. 4186 and 4188; 28 Aug 2009 p. 3372; SL 2023/102 r. 18; SL 2023/158 r. 11; SL 2023/158 r. 13.]
11FA.Report to Minister (Sch. 2.3 cl. 4 and 8)
(1)Within 14 days after the declaration of the result of the election, the person conducting the election is to provide the Minister with a report as to the result of the election.
(2)The report is to be in the form of Form 20 of the Local Government (Elections) Regulations 1997, modified as is necessary for the purposes of this regulation.
[Regulation 11FA inserted: Gazette 21 Aug 2007 p. 4186.]
11G.Records of election to be retained (Sch. 2.3 cl. 4 and 8)
(1)As soon as practicable after the result of the election is declared the CEO is to —
(a)put the records of the election in one or more parcels; and
(b)secure each parcel; and
(c)endorse each parcel by signing and dating it.
(2)The CEO is to keep the parcels in safe custody and retain them for a period of at least 4 years after the declaration of the result of the election.
(3)If, after the period mentioned in subregulation (2), the parcels are to be destroyed, the destruction is to be carried out by or under the supervision of the CEO in the presence of at least 2 employees.
[Regulation 11G inserted: Gazette 31 Mar 2005 p. 1046; amended: Gazette 12 Dec 2014 p. 4737.]
11H.Notice of effect of Court’s decision (Sch. 2.3 cl. 12)
If a Court of Disputed Returns makes a declaration under regulation 85(1)(a), (b) or (c) of the Local Government (Elections) Regulations 1997, as applied under clause 12(2) of Schedule 2.3 to the Act, the CEO is, as soon as practicable —
(a)to give local public notice in a form that conveys the effect of the declaration; and
(b)to provide to the Minister a report in a form that conveys the effect of the declaration.
[Regulation 11H inserted: Gazette 21 Aug 2007 p. 4186-7.]
[Heading inserted: SL 2023/102 r. 19.]
12.Disqualification for membership; serious local government offences (s. 2.22)
For the purposes of the definition of “serious local government offence” in section 2.22(3) —
(a)the period referred to in paragraph (a) of the definition is —
(i)one year in the case of an offence against the Act; or
(ii)3 months in the case of an offence against the former provisions;
and
(b)the amount referred to in paragraph (b) of the definition is —
(i)$5 000 in the case of an offence against the Act; or
(ii)$5 000 in the case of an offence against the former provisions.
[Regulation 12 amended: Gazette 21 Aug 2007 p. 4187.]
13.Oaths, affirmations and declarations (s. 2.29, 2.42)
(1)For the purposes of sections 2.29 and 2.42 —
[(a), (b)deleted]
(c)the form of declaration for a mayor, president, deputy mayor, deputy president or councillor is that in Form 7;
(d)the form of declaration for a commissioner is that in Form 8.
(2)A declaration required by section 2.29 to be made by a person elected as a mayor or president is to be made before —
(a)the immediate predecessor of the person in the office of mayor or president; or
(b)an authorised person.
(3)A declaration required by section 2.29 to be made by a person elected as a councillor, deputy mayor or deputy president is to be made before an authorised person.
(4)A declaration required by section 2.42 to be made by a person appointed as a commissioner is to be made before an authorised person.
(5)In this regulation —
authorised person means a person before whom a statutory declaration can be made under the Oaths, Affidavits and Statutory Declarations Act 2005.
[Regulation 13 amended: Gazette 20 Jan 2006 p. 380-1.]
14.Transitional provision: Certain council members (s. 9.71)
(1)To avoid doubt it is declared that for the purposes of the application of Part 2 Division 5 of the Act and section 2.32 to —
(a)the remainder of the term of office of a member of council referred to in clause 6 of Schedule 9.3 to the Act; or
(b)the term of office of a member of council elected at an election referred to in clause 13 of Schedule 9.3 to the Act,
the member is to be regarded as being an elector of the district so long as he or she continues to —
(c)reside in the district; or
(d)be, within the meaning of the former provisions, the owner or occupier of rateable property in the district.
(2)In subregulation (1) —
former provisions means the Local Government Act 1960 as in force immediately before the day on which the Local Government Act 1995 came into operation.
[Regulation 14 amended: Gazette 21 Aug 2007 p. 4187.]
14A.Transitional provision: reviews under Sch. 2.2 cl. 6 of Act
(1)In this regulation —
amendment day means the day on which the Local Government Amendment Act 2023 section 90 comes into operation.
(2)For the purposes of Schedule 9.3 clause 62(2) of the Act —
(a)the amendments made by the Local Government Amendment Act 2023 section 90 do not affect a requirement imposed by the Advisory Board on a local government under Schedule 2.2 clause 6(3) of the Act before amendment day; and
(b)the Act continues to apply in relation to the requirement as if those amendments had not been made and the local government must comply with the requirement accordingly.
[Regulation 14A inserted: SL 2023/102 r. 20.]
14B.Transitional provision: elections under Sch. 2.3 of Act
The amendments made by the Local Government Regulations Amendment Regulations (No. 2) 2023 regulations 14(2) and (3) and 16 to 18 do not apply in relation to an election which is conducted at a meeting held before 21 October 2023 and, accordingly, these regulations apply in relation to the election as if those amendments had not been made.
[Regulation 14B inserted: SL 2023/102 r. 20.]
[15.Omitted under the Reprints Act 1984 s. 7(4)(f).]
Form 1.Proposal to create, change the boundaries of, or abolish a district [r. 8]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Proposal to create, change the boundaries of, or abolish a district1
To:The Local Government Advisory Board.
1.The affected electors, whose names, details and signatures are set out in the attached list, propose that an order should be made under section 2.1 of the Local Government Act 1995 in relation to the district of [name of district proposed to be created, affected or abolished].
2.A summary of the purposes of the proposed order is as follows:
[Here set out summary]
3.The following documents are attached to and form part of this proposal:
·a statement setting out clearly the nature of the proposal and the effects of the proposal on local governments; and
·a plan illustrating any proposed changes of the boundaries of a district.
4.This proposal is served on behalf of the listed signatories by —
Name:Signature:
Contact address:Phone No.:
Date:
__________________________________
Under clause 2(1)(d) of Schedule 2.1 to the Local Government Act 1995 a proposal that an order be made under section 2.1 of the Act to create, change the boundaries of, or abolish a district can be made to the Local Government Advisory Board by affected electors who —
·are at least 250 in number; or
·are at least 10% of the total number of affected electors.
[Form 1 continued]
List of affected electors (form of each page of signatories)
We, the undersigned, propose that an order be made under section 2.1 of the Local Government Act 1995 for the purposes summarized in item 2 of this proposal in relation to the district named in item 1.
|
Full name of affected elector2 |
Address which entitles, or would entitle, you to vote in the elections of the local government of the district proposed to be created, affected or abolished |
Signature of affected elector |
Date |
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|
|
|
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|
|
|
_____________________________
2An “elector” is one of the following —
·a resident owner or occupier enrolled to vote at State elections;
·an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);
·an occupier of rateable property (e.g. tenant of business premises or other non-residential property).
An “affected elector” is —
·an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the proposal; or
·a person who would be an elector if the area directly affected by the proposal became, or became part of, a district.
Form 2.Request for poll on a recommended amalgamation[r. 9]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Request for a poll on a recommended amalgamation1
To:The Minister for Local Government.
1.The electors of the district of [name of district whose electors are making the request], whose names, details and signatures are set out in the attached list, request that the recommendation of the Local Government Advisory Board that the districts of [names of the 2 or more districts to be abolished or amalgamated] be abolished and amalgamated, be put to a poll of electors of the districts.
2.This request is served on behalf of the listed signatories by —
Name:Signature:
Contact address:Phone No.:
Date:
List of electors (form of each page of signatories)
We the undersigned, electors of the district of [name of district whose electors are making the request], request that the recommended abolition and amalgamation of the districts of [names of the 2 or more districts to be abolished or amalgamated] be put to a poll of electors of those districts under the Local Government Act 1995.
|
Full name of elector2 |
Address which entitles you to vote in the elections of the local government of a district recommended for amalgamation |
Signature of elector |
Date |
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|
_____________________________
Under clause 8 of Schedule 2.1 to the Local Government Act 1995, a request asking for a recommendation of the Local Government Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts can be made to the Minister for Local Government by —
·at least 250 of the electors of one of the districts; or
·at least 10% of the electors of one of the districts.
2 An “elector” is one of the following —
·a resident owner or occupier enrolled to vote at State elections;
·an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);
·an occupier of rateable property (e.g. tenant of business premises or other non-residential property).
Form 3.Submission about changes to wards, name or representation [r. 10]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Submission about changes to wards, name or representation1
To:The 2Mayor/President of [name of local government].
1.The affected electors of the district of [name of district], whose names, details and signatures are set out in the attached list, submit that an order should be made under the Local Government Act 1995 for the following purpose:
[Here set out the purpose]
for the following reasons:
[Here set out the reasons]
[Attach any other relevant documentation, including a map if appropriate]
2.This submission is served on behalf of the listed signatories by —
Name:Signature:
Contact address:Phone No.:
Date:
________________________________
Under clause 3 of Schedule 2.2 to the Local Government Act 1995, a submission that an order be made under the Act about wards, the name of a district or ward or the number of councillors for a district or ward can be made to the local government concerned by affected electors who —
·are at least 250 in number; or
·are at least 10% of the total number of affected electors.
2Delete the one that does not apply.
[Form 3 continued]
List of affected electors (form of each page of signatories)
We the undersigned, submit that an order should be made under the Local Government Act 1995 for the purpose set out in item 1 of this submission in relation to the [name of local government].
|
Full name of affected elector3 |
Address which entitles you to vote in the elections of the local government to which this submission relates |
Signature of affected elector |
Date |
|
|
|
|
|
|
|
|
|
|
__________________________
3 An “elector” is one of the following —
·a resident owner or occupier enrolled to vote at State elections;
·an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);
·an occupier of rateable property (e.g. tenant of business premises or other non-residential property).
An “affected elector” is an elector whose eligibility as an elector comes from residence, or ownership or occupation of property, in the area directly affected by the submission.
Form 4.Proposal to change the method of filling the office of mayor or president [r. 10AD]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Proposal to change the method of filling the office of mayor or president1
To:The 2Mayor/President of [name of local government].
1.The method of filling the office of 2mayor/president currently used by the [name of local government] is 2election by electors of the district/election by the council from amongst the councillors.
2.The electors of [name of district], whose names, details and signatures are set out in the attached list, propose that the method of electing the mayor/president of the [name of local government] be changed to 2election by the council from amongst the councillors/election by electors of the district.
3.A summary of the reasons for the proposed change is as follows:
[Here set out summary]
4.This proposal is served on behalf of the listed signatories by —
Name:Signature:
Contact address:Phone No.:
Date:
[Form 4 continued]
List of electors (form of each page of signatories)
We the undersigned, propose that the method of filling the office of 2mayor/president of the [name of local government] be changed to 2election by the council from amongst the councillors/election by electors of the district.
|
Full name of elector3 |
Address which entitles you to vote in the elections of the local government to which this proposal relates |
Signature of elector |
Date |
|
|
|
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|
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|
_____________________________
Under section 2.11(1) of the Local Government Act 1995, the method of filling the office of mayor or president of a local government is either —
·election by the electors of the district; or
·election by the council from amongst the councillors.
Under section 2.12 of the Act, a proposal to change from one method to the other method can be made to the local government by electors of the district who —
·are at least 250 in number; or
·are at least 10% of the total number of electors of the district.
2Delete the one that does not apply.
3An elector is one of the following —
·a resident owner or occupier enrolled to vote at State elections;
·an owner of rateable property (e.g. an absentee land owner or an owner of business premises, vacant land or other non-residential property);
·an occupier of rateable property (e.g. tenant of business premises or other non-residential property).
[Form 4 amended: SL 2023/102 r. 21.]
[Forms 5 and 6 deleted: Gazette 20 Jan 2006 p. 381.]
Form 7.Declaration by elected member of council[r. 13(1)(c)]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Declaration by elected member
I, .........................................................................................................................................
of 1 .....................................................................................................................................,
having been elected to the office of 2mayor/deputy mayor/president/deputy president/councillor of the3 ...............................................................................................,
declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the code of conduct adopted by the 3 ................................ under section 5.104 of the Local Government Act 1995.
Declared at ............................................ on ....................................................................
by.............................................................
Before me:.............................................................
_____________________________
1Insert your residential address.
2Delete those that do not apply.
3Insert the name of the local government.
[Form 7 inserted: Gazette 21 Aug 2007 p. 4187; amended: SL 2021/15 r. 7.]
Form 8.Declaration by commissioner[r. 13(1)(d)]
Local Government Act 1995
Local Government (Constitution) Regulations 1998
Declaration by commissioner
I, .......................................................................................................................................
of 1....................................................................................................................................,
having been appointed to the office of commissioner
of the2 .............................................................................................................................., declare that I take the office upon myself and will duly, faithfully, honestly, and with integrity, fulfil the duties of the office according to the best of my judgment and ability.
Declared at ............................................ on .................................................................
by..................................................................
Before me:...................................................................
___________________________
1Insert your residential address.
2Insert the name of the local government.
[Form 8 inserted: Gazette 21 Aug 2007 p. 4188.]
Schedule 2 — Classes of local governments
[r. 2A]
[Heading inserted: SL 2023/102 r. 22.]
Division 1 — Class 1 local governments
[Heading inserted: SL 2023/102 r. 22.]
|
City of Albany |
|
City of Armadale |
|
City of Bayswater |
|
City of Belmont |
|
City of Bunbury |
|
City of Busselton |
|
City of Canning |
|
City of Cockburn |
|
City of Fremantle |
|
City of Gosnells |
|
City of Greater Geraldton |
|
City of Joondalup |
|
City of Kalgoorlie‑Boulder |
|
City of Karratha |
|
City of Kwinana |
|
City of Mandurah |
|
City of Melville |
|
City of Perth |
|
Town of Port Hedland |
|
City of Rockingham |
|
City of Stirling |
|
City of Swan |
|
City of Wanneroo |
[Division 1 inserted: SL 2023/102 r. 22.]
Division 2 — Class 2 local governments
[Heading inserted: SL 2023/102 r. 22.]
|
Shire of Ashburton |
|
Shire of Augusta‑Margaret River |
|
Shire of Broome |
|
Town of Cambridge |
|
Shire of Carnarvon |
|
Shire of Derby‑West Kimberley |
|
Shire of East Pilbara |
|
Shire of Esperance |
|
Shire of Harvey |
|
City of Kalamunda |
|
Shire of Manjimup |
|
Shire of Mundaring |
|
Shire of Murray |
|
City of Nedlands |
|
Shire of Northam |
|
Shire of Serpentine‑Jarrahdale |
|
City of South Perth |
|
City of Subiaco |
|
Town of Victoria Park |
|
City of Vincent |
|
Shire of Wyndham‑East Kimberley |
[Division 2 inserted: SL 2023/102 r. 22.]
Division 3 — Class 3 local governments
[Heading inserted: SL 2023/102 r. 22.]
|
Town of Bassendean |
|
Shire of Bridgetown‑Greenbushes |
|
Shire of Capel |
|
Shire of Chittering |
|
Town of Claremont |
|
Shire of Collie |
|
Shire of Coolgardie |
|
Town of Cottesloe |
|
Shire of Dalwallinu |
|
Shire of Dandaragan |
|
Shire of Dardanup |
|
Shire of Denmark |
|
Shire of Donnybrook‑Balingup |
|
Town of East Fremantle |
|
Shire of Exmouth |
|
Shire of Gingin |
|
Shire of Halls Creek |
|
Shire of Irwin |
|
Shire of Katanning |
|
Shire of Kojonup |
|
Shire of Laverton |
|
Shire of Leonora |
|
Shire of Meekatharra |
|
Shire of Merredin |
|
Shire of Moora |
|
Town of Mosman Park |
|
Shire of Narrogin |
|
Shire of Northampton |
|
Shire of Plantagenet |
|
Shire of Ravensthorpe |
|
Shire of Toodyay |
|
Shire of Waroona |
|
Shire of Yilgarn |
|
Shire of York |
[Division 3 inserted: SL 2023/102 r. 22.]
Division 4 — Class 4 local governments
[Heading inserted: SL 2023/102 r. 22.]
|
Shire of Beverley |
|
Shire of Boddington |
|
Shire of Boyup Brook |
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Shire of Brookton |
|
Shire of Broomehill‑Tambellup |
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Shire of Bruce Rock |
|
Shire of Carnamah |
|
Shire of Chapman Valley |
|
Shire of Coorow |
|
Shire of Corrigin |
|
Shire of Cranbrook |
|
Shire of Cuballing |
|
Shire of Cue |
|
Shire of Cunderdin |
|
Shire of Dowerin |
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Shire of Dumbleyung |
|
Shire of Dundas |
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Shire of Gnowangerup |
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Shire of Goomalling |
|
Shire of Jerramungup |
|
Shire of Kellerberrin |
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Shire of Kent |
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Shire of Kondinin |
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Shire of Koorda |
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Shire of Kulin |
|
Shire of Lake Grace |
|
Shire of Menzies |
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Shire of Mingenew |
|
Shire of Morawa |
|
Shire of Mount Magnet |
|
Shire of Mount Marshall |
|
Shire of Mukinbudin |
|
Shire of Murchison |
|
Shire of Nannup |
|
Shire of Narembeen |
|
Shire of Ngaanyatjarraku |
|
Shire of Nungarin |
|
Shire of Peppermint Grove |
|
Shire of Perenjori |
|
Shire of Pingelly |
|
Shire of Quairading |
|
Shire of Sandstone |
|
Shire of Shark Bay |
|
Shire of Tammin |
|
Shire of Three Springs |
|
Shire of Trayning |
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Shire of Upper Gascoyne |
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Shire of Victoria Plains |
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Shire of Wagin |
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Shire of Wandering |
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Shire of West Arthur |
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Shire of Westonia |
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Shire of Wickepin |
|
Shire of Williams |
|
Shire of Wiluna |
|
Shire of Wongan‑Ballidu |
|
Shire of Woodanilling |
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Shire of Wyalkatchem |
|
Shire of Yalgoo |
[Division 4 inserted: SL 2023/102 r. 22.]
This is a compilation of the Local Government (Constitution) Regulations 1998 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Local Government (Constitution) Regulations 1998 |
26 Jun 1998 p. 3449-74 |
26 Jun 1998 |
|
Local Government (Constitution) Amendment Regulations 2005 |
31 Mar 2005 p. 1044-6 |
7 May 2005 (see r. 2) |
|
Local Government (Constitution) Amendment Regulations 2006 |
20 Jan 2006 p. 380-1 |
20 Jan 2006 |
|
Reprint 1: The Local Government (Constitution) Regulations 1998 as at 19 Jan 2007 (includes amendments listed above) |
||
|
Local Government (Constitution) Amendment Regulations 2007 |
21 Aug 2007 p. 4183‑8 |
r. 1 and 2: 21 Aug 2007 (see r. 2(a)); |
|
Local Government (Constitution) Amendment Regulations 2009 |
28 Aug 2009 p. 3371‑72 |
r. 1 and 2: 28 Aug 2009 (see r. 2(a)); |
|
Local Government (Constitution) Amendment Regulations 2014 |
12 Dec 2014 p. 4733‑7 |
r. 1 and 2: 12 Dec 2014 (see r. 2(a)); |
|
Local Government (Model Code of Conduct) Regulations 2021 r. 7 |
SL 2021/15 2 Feb 2021 |
3 Feb 2021 (see r. 2(b) and SL 2021/13 cl. 2) |
|
Local Government Regulations Amendment Regulations (No. 2) 2023 Pt. 3 |
SL 2023/102 30 Jun 2023 |
1 Jul 2023 (see r. 2(d)) |
|
Local Government Regulations Amendment Regulations (No. 3) 2023 Pt. 3 |
SL 2023/158 18 Oct 2023 |
Pt. 3 Div. 1: 19 Oct 2023 (see r. 2(c)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
amendment day10AC(1), 10AF(1), 14A(1)
authorised person12(5)
class 1 local government2A
class 2 local government2A
class 3 local government2A
class 3 or 4 district10AA
class 4 local government2A
commencement5(1), 6(1), 7(1)
election10AF(4)
first-preference vote10A
Form2
former provisions14(2)
next election10AC(1)
next election day10AC(1)
records of the election10A
relevant local government10AF(1)
section2
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer