Local Government Act 1995
Local Government (Elections) Regulations 1997
Western Australia
Local Government (Elections) Regulations 1997
Contents
Part 1 — Preliminary
1.Citation1
2.Application1
3.Terms used1
4.Forms5
5.Delivery of documents6
Part 2 — Electoral officers
6.Appointment of electoral officers — s. 4.27(1)(a) and (b)7
7.Declaration by electoral officer — s. 4.27(1)(c)7
8.Electoral codes of conduct — s. 4.27(1)(d)8
9.Fees and expenses of electoral officers — s. 4.288
Part 3 — Enrolment
10.Nomination of ward — s. 4.3110
10A.Occupation of rateable property — s. 4.3110
11.Nomination under s. 4.31(1E) or (1F)14
11A.Nomination under s. 4.31(1G)15
11B.Currency of nomination under s. 4.31(1E), (1F) or (1G)17
12.Enrolment eligibility claim may be based on 2 or more parcels of rateable property — s. 4.32(1)18
12A.Content of enrolment eligibility claim — s. 4.32(2)18
12B.Items to accompany enrolment eligibility claim based on occupation of rateable property — s. 4.32(2)21
12C.Prescribed rent for enrolment eligibility claim based on occupation of rateable property — s. 4.32(3)(b) and (d)22
12D.Further requirements for enrolment eligibility claim based on occupation of rateable property — s. 4.32(3)(e)23
13.Register — s. 4.32(6)24
13A.Changes of name or enrolment address26
13B.Postal addresses27
14.Appeal form to be sent with notice of rejection or expiry of enrolment eligibility claim — s. 4.32(6) and s. 4.35(3)29
15.Appeals to Electoral Commissioner — s. 4.32(8) and s. 4.35(4)29
16.Confidentiality30
17.Retention of documents30
Part 4 — The rolls
18.Consolidation of residents roll with owners and occupiers roll — s. 4.38(1)31
19.District rolls, ward rolls and combined ward rolls — s. 4.38(2)31
20.Elector’s details on roll — s. 4.38(2)32
21.Form of rolls — s. 4.38(2)33
22.Supply of rolls — s. 4.42(2)33
22AA.Destruction and deletion of copies of rolls — s. 4.42(3)33
22A.Certification of corrections to roll — s. 4.43(4)37
Part 5 — Nominations
22B.Course of induction — s. 4.48(1) and (2)38
23.Means of sending nomination or withdrawal — s. 4.49(a) and s. 4.53(2)(a)38
24.Candidate’s profile — s. 4.49(b)38
25.Evidence of candidate’s consent to nomination or withdrawal — s. 4.49(c) and s. 4.53(2)(b)39
26.Deposits — s. 4.49(d) and s. 4.5040
27.Cases in which deposits refunded — s. 4.5040
28.How deposits refunded — s. 4.5041
29.Local government to retain deposits in other cases42
29A.Publication of information about candidates — s. 4.5243
30.Drawing lots for positions on ballot paper — s. 4.56(a)44
Part 5A — Disclosure of gifts
30A.Terms used46
30BA.Candidates not to receive gifts from unidentified donors47
30B.Candidates to disclose gifts — s. 4.5947
30CA.Donors to disclose gifts — s. 4.5948
30C.Disclosure period48
30D.Manner and time of disclosure49
30F.Information to be provided50
30G.Electoral gift register50
30H.Public to have access to electoral gift register51
30I.Offence to publish information in certain cases51
Part 6 — Election notices
31.Contents of election notice — s. 4.6453
32.Other notices54
Part 7 — Ballot papers
33.RO to print ballot papers — s. 4.71(1)(a)55
Part 8 — Postal voting
Division 1 — Application to vote by post — s. 4.71(1)(c)
36.No application required for postal election56
37.How to apply to vote by post at voting in person elections56
38.How applications dealt with57
39.Notice of rejection57
40.Postal voters register57
Division 2 — Issue of postal voting papers — s. 4.71(1)(c)
41.Postal election58
42.Voting in person election58
43.Contents of election package58
44.Time and record of issue of election packages59
45.How to apply for postal voting papers to replace missing or spoilt papers60
46.How to apply for provisional postal voting papers61
47.Elections on same day62
Division 3 — How postal voting papers are to be completed, transmitted and dealt with — s. 4.71(1)(d)
48.Voting instructions to be followed63
49.Candidates not to assist or interfere with electors63
50.Duty to send or deliver voting papers63
51.Times and places for checking postal voting papers63
52.Procedure for checking postal voting papers64
52A.Preparation of postal ballot papers for count65
Part 9 — Absent voting and early voting
Division 1 — Application — s. 4.67
53.Application of Part — voting in person elections only67
Division 2 — Absent voting — s. 4.71(1)(e)
54.How to apply for absent voting papers67
55.Issue of absent voting papers67
56.How to complete absent voting papers68
57.Elections on same day68
58.How completed absent voting papers dealt with69
Division 3 — Early voting — s. 4.71(1)(e)
59.How to cast an early vote70
Part 10 — Voting in person
Division 1 — Application
60.Application71
Division 2 — Obtaining ballot papers — s. 4.71(1)(f)
61.How to obtain ballot paper to vote in person on election day71
62.How to obtain provisional ballot paper72
63.Spoilt ballot papers73
64.Ballot papers to be authentic73
Division 3 — Voting arrangements — s. 4.71(1)(g) and (i)
65.Arrangements for secret voting74
66.Marking and dealing with ballot paper74
67.Assistance to be given to electors who cannot otherwise vote75
68.Checking provisional voting papers76
Part 11 — Scrutineers
69.Appointment of scrutineers and declarations by them — s. 4.71(1)(j)78
70.Verification of appointment — s. 4.71(1)(j)79
71.Rights of scrutineers — s. 4.71(1)(j)79
72.Restrictions on scrutineers — s. 4.71(1)(j)80
Part 12 — Delay or interruption of election
73.Adjournment or postponement of poll — s. 4.71(1)(k)81
74.Notice of postponement or adjournment — s. 4.71(1)(k)82
75.Security of papers during adjournment — s. 4.71(1)(k)82
Part 12A — Electronic counting of votes
75B.Use of electronic counting system83
75C.Electronic counting places83
Part 12B — Acceptance of ballot papers
75D.Circumstances in which RO must accept ballot paper in election with more than 2 candidates — s. 4.7585
Part 12C — Drawing of lots
Division 1 — Preliminary
75E.Steps for drawing lots86
75F.References to Schedules87
Division 2 — Provisions for Schedule 4.1A
75G.Drawing lots under Sch. 4.1A cl. 5(3)87
75H.Drawing lots under Sch. 4.1A cl. 8(3)88
75I.Drawing lots under Sch. 4.1A cl. 11(4)(b)89
Division 3 — Provisions for Schedule 4.1B
75J.Drawing lots under Sch. 4.1B cl. 3(3)(b)90
75K.Drawing lots under Sch. 4.1B cl. 4(4)91
75L.Drawing lots under Sch. 4.1B cl. 5(5)(b)91
Division 4 — Provisions for Schedule 4.1
75M.Drawing lots under Sch. 4.1 cl. 2(2)92
75N.Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be excluded92
75O.Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be elected92
75P.Drawing lots under Sch. 4.1 cl. 13(3)93
75Q.Drawing lots under Sch. 4.1 cl. 15(2)(b)93
75R.Drawing lots under Sch. 4.1 cl. 16(3)94
Division 5 — Provisions for Schedule 4.2
75S.Drawing lots under Sch. 4.2 cl. 6, 7, 7A(a)(ii) or (d)(ii) or 7B(b)94
75T.Drawing lots under Sch. 4.2 cl. 8(b) or 9(a)96
Part 13 — Other matters relating to the holding of an election
76.Provision, design and preparation of ballot boxes — s. 4.71(1)(h)98
77.Ballot boxes used on election day — s. 4.71(1)(h)98
78.Exempt electoral material — s. 4.8799
79.Display of candidates’ profiles99
Part 14 — Declaring the election result and subsequent matters
80.Declaration and notice of result — s. 4.77100
80AA.Declaration and notice required under Sch. 4.1A cl. 19102
80AB.Declaration and notice required under Sch. 4.1B cl. 1(5)103
81.Report to Minister — s. 4.79104
82.Keeping election papers — s. 4.84(a)104
83.Inspection of election papers — s. 4.84(b)105
Part 15 — Disputed returns
84.How invalidity complaints made — s. 4.81(2)106
85.Declarations that Court can make — s. 4.81(2)106
86.Notice and report of effect of Court’s decision — s. 4.81(2) and (4)107
86A.Publication of Court’s declaration under s. 4.81(5)(a) — s. 4.81(5)(b)(ii)107
87.Orders as to costs — s. 4.81(2)108
Part 15A — Provisions for Schedule 4.1A of Act
Division 1 — Provisions for Schedule 4.1A clause 2(4) of Act
87A.Declaration and notice of election109
Division 2 — Provisions for Schedule 4.1A clause 18 of Act
Subdivision 1 — Preliminary
87B.Terms used109
Subdivision 2 — Notifications
87C.Notification from CEO to candidate110
87D.Notification from candidate to CEO112
87E.Copies of notifications to be provided to Minister113
Subdivision 3 — Extension of time periods
87F.Extension to take account of delay in CEO becoming aware of vacancy114
87G.Extension to take account of method of notification used by CEO114
87H.Extension to take account of method of notification used by candidate115
87I.Consequential extensions116
Part 16 — Polls and referendums
88.Election procedures apply to polls and referendums not required under Act — s. 4.99(3) and (4)117
89.Election procedures need not be applied in certain cases — s. 4.99(2) to (4)117
90.Electoral Commissioner may assist118
91.Expenses of Electoral Commissioner — s. 2.12A(2)(c)118
92.Declaration and notice of results of poll under s. 2.12A118
Part 16A — Transitional provisions for Local Government Amendment Act 2023, Local Government Regulations Amendment Regulations (No. 2) 2023 and Local Government Regulations Amendment Regulations (No. 3) 2023
92A.Terms used119
92B.Pre‑21 October 2023 elections119
92C.Pre‑21 October 2023 Schedule 2.3 elections120
92D.Pre‑existing councillor vacancies121
92E.Non‑resident owners and occupiers121
92F.Enrolment under Sch 9.3 cl. 12 of Act123
Schedule 1 — Forms
Notes
Compilation table179
Other notes181
Defined terms
Local Government Act 1995
Local Government (Elections) Regulations 1997
These regulations may be cited as the Local Government (Elections) Regulations 1997.
(1)These regulations apply in relation to the elections the polls for which will be held on 3 May 1997 and to any subsequent election.
(2)Regulation 88 does not apply in relation to any poll or referendum for which preparations were started before the commencement of these regulations.
In these regulations —
authorised postal address, in relation to a person who makes, or has made, an enrolment eligibility claim, means the postal address (if any) set out in the claim under regulation 12A(2)(d), subject to regulation 13B(2) to (8);
Commonwealth enrolment address, in relation to a person, means the address of the residence in respect of which the person —
(a)is enrolled as an elector for the House of Representatives; or
(b)is regarded as being so enrolled under section 4.30(2);
contact number includes a phone number, fax number or electronic mail address;
councillor election means the election of a councillor or councillors of a local government whether for a ward or not;
election package means an election package referred to in regulation 43;
election papers means —
(a)marked‑off electoral rolls used for the election; and
(b)nominations, ballot papers, declarations, and postal voting packages used for the election; and
(ba)a paper record that shows the number of first‑preference votes that each candidate in the election had; and
(bb)if the result of the election is ascertained under Schedule 4.1 clause 5 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;
and
(bc)if the result of the election is ascertained under Schedule 4.1 Division 3 of the Act — a paper record that shows —
(i)for each candidate who was elected — the number of votes that the candidate had when they were elected; and
(ii)details of any transfers of surplus votes under Schedule 4.1 clause 9 or 10 of the Act; and
(iii)each candidate who was excluded under Schedule 4.1 clause 11 of the Act and details of the transfer of the candidate’s first‑preference votes and preference votes under that clause; and
(iv)for each candidate who was neither elected nor excluded — the number of votes that the candidate had when the last office to be filled at the election was filled; and
(v)details of the setting aside of any ballot papers under Schedule 4.1 clause 17 of the Act;
and
(bd)a paper record that shows details of any matter required to be declared under Schedule 4.1A clause 19 of the Act or Schedule 4.1B clause 1(5) of the Act;
(c)any other papers required by these regulations to be kept as part of the record of the election, other than ‘disclosure of gifts’ forms completed due to the operation of Part 5A; and
(d)copies of notices and other formal documents that the RO considers to be appropriate for inclusion in the record of the election;
electronic counting place has the meaning given in regulation 75C(1A);
electronic counting system means an electronic system to be used in counting votes, which may include either or both of the following —
(a)a process for recording votes indicated on ballot papers;
(b)a counting system for ascertaining any of the following —
(i)the number of first‑preference votes that each candidate has;
(ii)the number of votes that a candidate has on a count under Schedule 4.1 clause 5(2)(d) of the Act;
(iii)the result of any transfer of surplus votes under Schedule 4.1 clause 9 or 10 of the Act;
(iv)the result of any transfer of first‑preference votes or preference votes under Schedule 4.1 clause 11 of the Act;
enrolment address, in relation to a person, means —
(a)the person’s State enrolment address; or
(b)if the person has no State enrolment address — the person’s Commonwealth enrolment address;
enrolment eligibility claim means a claim under section 4.32;
first‑preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;
Form, if followed by a designation, means the form of that designation in Schedule 1;
officer, in relation to a body corporate, means any of the following —
(a)a director of the body corporate or other member of its governing body;
(b)the chief executive officer, or equivalent, of the body corporate;
(c)the secretary, or equivalent, of the body corporate;
owners and occupiers register means the register referred to in section 4.32(6);
portion of rateable property means a portion of rateable property as described in section 4.31(1D)(a) or (b);
postal voters register has the meaning given by regulation 40(1);
preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;
principal office election means the election of a mayor or president of a local government;
RO means the returning officer of the local government;
section means a section of the Act;
silent elector means a person who makes, or has made, an enrolment eligibility claim and —
(a)whose State enrolment address is required not to be shown on a roll under the Electoral Act 1907 section 51B; or
(b)if the person has no State enrolment address — whose Commonwealth enrolment address is required not to be shown on a roll under the Commonwealth Electoral Act 1918 (Commonwealth) section 104;
State enrolment address, in relation to a person, means the address of the residence in respect of which the person —
(a)is enrolled as an elector for the Legislative Assembly; or
(b)is regarded as being so enrolled under section 4.30(2);
votes, when used in the context of an election the result of which is ascertained under Schedule 4.1 Division 3 of the Act, has the meaning given in Schedule 4.1 clause 7 of the Act;
Western Australian Electoral Commission means the department of the Public Service referred to in section 4A of the Electoral Act 1907.
[Regulation 3 amended: Gazette 20 Nov 1998 p. 6275; 21 Jan 2005 p. 264; 3 Aug 2007 p. 3990; 28 Aug 2009 p. 3359‑60; SL 2023/102 r. 24; SL 2023/158 r. 17.]
(1A)In this regulation —
form means a form in Schedule 1.
(1)The forms are prescribed in relation to the matters specified in the forms.
(2)Subject to section 74 of the Interpretation Act 1984 if a form is prescribed in relation to a matter, the matter is to be done, effected or set out in that form.
(3)If a form is to be completed by the insertion of particulars required in the form, those particulars are prescribed as the particulars required under the provision of the Act or of these regulations for the purposes of which the form is prescribed.
(4)If a form contains directions for its preparation or completion the form is to be prepared or completed in accordance with those directions.
[(5)deleted]
[Regulation 4 amended: SL 2023/158 r. 18.]
(1)Where a person is required or authorised by these regulations to give a document to another person the document may be delivered, posted or sent by fax or any other electronic means (so long as it is capable of being printed in its entirety, including signatures) to that other person.
(2)If a document is sent by fax it is taken to have been received when the fax machine of the person to whom it was sent generates a paper copy of the document.
(3)If a document is sent by other electronic means it is taken to have been received when the person to whom it was sent causes a paper copy of the document to be generated.
6.Appointment of electoral officers — s. 4.27(1)(a) and (b)
(1)Electoral officers are to be appointed according to the principles set out in section 5.40.
(2)The RO is not to appoint a person as an electoral officer unless the RO believes that the person is competent to perform the functions of the position.
(3)The RO may suspend or dismiss an electoral officer if in the RO’s opinion —
(a)the person is no longer competent to perform the functions of the position; or
(b)the person has failed to discharge any of the duties that the person has, by declaration, undertaken to perform; or
(c)for any other reason, the suspension or dismissal is necessary for the proper conduct of the election.
7.Declaration by electoral officer — s. 4.27(1)(c)
(1)Before beginning to act as an electoral officer the RO or a person appointed under section 4.21 or 4.23 is to make a declaration (Form 1) before —
(a)a justice; or
(b)a person who has authority under the Oaths, Affidavits and Statutory Declarations Act 2005 to take statutory declarations; or
(c)a more senior electoral officer according to the ranking set out in the table to this paragraph.
|
Table of seniority (in descending order) RO Deputy Returning Officer Presiding Officer Other electoral officer |
(2)The declaration is to be delivered to —
(a)the Electoral Commissioner, if the appointment is under section 4.20(4) or 4.21(2); or
(b)the RO, if the appointment is under section 4.21(1) or 4.23(b); or
(c)the local government, if the appointment is by section 4.20(1) or under section 4.20(2).
[Regulation 7 amended: Gazette 3 Aug 2007 p. 4006.]
8.Electoral codes of conduct — s. 4.27(1)(d)
(1)This regulation applies to the ordinary elections to be held in 1999 and to each subsequent election.
(2)The RO for any election to which this regulation applies is to prepare or adopt an electoral code of conduct for the election that aims to ensure that all electoral officers act —
(a)lawfully; and
(b)professionally; and
(c)fairly and impartially; and
(d)with honesty and integrity; and
(e)without any conflict of interest,
in relation to the election.
(3)The RO is to provide each electoral officer with a copy of, or access to a copy of, the electoral code of conduct.
(4)An electoral officer is to observe and comply with the electoral code of conduct.
9.Fees and expenses of electoral officers — s. 4.28
(1)The fees to be paid to an electoral officer for conducting an election are those that are agreed between the local government and the electoral officer.
(2)If the Electoral Commissioner is responsible for the conduct of an election, his or her expenses are to be met by the local government to the extent agreed between the Electoral Commissioner and the local government.
(3)The Electoral Commissioner’s expenses are to be determined on the basis of full accrual cost recovery.
10.Nomination of ward — s. 4.31
(1)A nomination under section 4.31(1B)(a) is to be made by written notice given to the CEO.
(2)The nomination is to be signed by the person who makes it.
(3)The nomination can be made at any time and remains in force until —
(a)it is withdrawn by written notice given to the CEO; or
(b)the enrolment eligibility claim to which it relates expires or is rejected,
whichever occurs first.
(4)A withdrawal notice is to be signed by the person who made the nomination.
[Regulation 10 amended: Gazette 21 Dec 2012 p. 6642.]
10A.Occupation of rateable property — s. 4.31
(1)In this regulation —
building does not include a temporary or mobile building;
business includes the following —
(a)a business not carried on for profit;
(b)the operations of a person who is a registered entity under the Australian Charities and Not‑for‑profits Commission Act 2012 (Commonwealth);
(c)a trade or profession;
floor area means the area of a floor, or of a portion of a floor, of a building.
(2)For the purposes of section 4.31(1CA), despite section 4.31(1C), a person (the relevant person) is not to be regarded as occupying rateable property, or a portion of rateable property, unless the following requirements (in addition to the requirement of section 4.31(1C)) are met —
(a)the rateable property or portion of rateable property is not a residence as determined under subregulations (3) and (4);
(b)under the relevant person’s right of continuous occupation in respect of the rateable property or portion of rateable property, the relevant person has a right to quiet enjoyment that covers, in total, a floor area of at least 10 m2, subject to subregulations (5) and (6);
(c)subject to subregulation (7) —
(i)the rateable property or portion of rateable property is capable of being secured from intruders; and
(ii)without limiting subparagraph (i), in the case of a portion of rateable property, the portion is capable of being secured from intruders coming from any other portion of the rateable property;
Example for this paragraph:
The rateable property or portion of rateable property could be secured by means of lockable doors and windows.
(d)the relevant person is genuinely —
(i)carrying on a business, or a part of a business, from the rateable property or portion of rateable property; or
(ii)intending to carry on a business, or a part of a business, from the rateable property or portion of rateable property.
(3)For the purposes of subregulation (2)(a), the rateable property or portion of rateable property is a residence if, as the case requires —
(a)the rateable property is, or includes, a residence; or
(b)in the case of a portion of rateable property —
(i)the portion is, or includes, a residence; or
(ii)the portion is included in a residence; or
(iii)the rateable property of which the portion is a portion otherwise includes a residence.
(4)Without limiting subregulation (3), the rateable property or portion of rateable property is a residence for the purposes of subregulation (2)(a) if any person is enrolled, or is regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of, as the case requires —
(a)a residence that is, or that is included in, the rateable property; or
(b)in the case of a portion of rateable property, a residence —
(i)that is, or that is included in, the portion; or
(ii)in which the portion is included; or
(iii)that is otherwise included in the rateable property of which the portion is a portion.
(5)In calculating floor area for the purposes of subregulation (2)(b), the following must be disregarded —
(a)an outdoor space or any other space that is not wholly indoors;
(b)a room if the right to quiet enjoyment does not cover the whole of the room;
(c)a cupboard or closet;
(d)a storeroom or storage unit;
(e)a toilet or bathroom;
(f)a tool or garden shed;
(g)a parking space or bay;
(h)a crawl space;
(i)a roof cavity;
(j)a billboard or hoarding;
(k)anything similar to anything referred to in paragraphs (c) to (j);
(l)to the extent not covered by paragraphs (a) to (k) — anything covered by paragraphs (a) to (d) of the definition of net lettable area or nla in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 1 as in force on 1 January 2024.
(6)If the relevant person has rights of continuous occupation in respect of 2 or more parcels of rateable property that are situated (wholly or partly) in the district and for each of which the requirements of subregulation (2)(a), (c) and (d) are met, the rights of continuous occupation and parcels of rateable property are to be taken together for the purposes of subregulation (2)(b).
Example for this subregulation:
The relevant person has rights of continuous occupation in respect of 2 parcels of rateable property in the district and the requirements of subregulation (2)(a), (c) and (d) are met for each parcel.
For one of the parcels, the relevant person has a right to quiet enjoyment that covers, in total, a floor area of only 8 m2.
For the other parcel, the relevant person has a right to quiet enjoyment that covers, in total, a floor area of only 7 m2.
For the purposes of subregulation (2)(b), the relevant person has a right to quiet enjoyment that covers, in total, a floor area of 15 m2 (8 m2 + 7 m2) and, therefore, the requirement that the relevant person’s right to quiet enjoyment cover a floor area of at least 10 m2 is met.
(7)In subregulation (2)(c), references to the rateable property or portion of rateable property are to the rateable property or portion excluding the following parts —
(a)any outdoor space or any other space that is not wholly indoors;
(b)any part in respect of which the relevant person does not have a right to quiet enjoyment under their right of continuous occupation.
(8)Subregulation (7) does not affect the reference in subregulation (2)(c)(ii) to any other portion of the rateable property.
[Regulation 10A inserted: SL 2023/158 r. 19.]
11.Nomination under s. 4.31(1E) or (1F)
(1)In this regulation —
rateable property includes a portion of rateable property.
(2)A nomination under section 4.31(1E) or (1F) —
(a)must be in writing and given to the CEO; and
(b)must set out the following —
(i)the full name (family name and other names) and address of each person making the nomination;
(ii)the address of the rateable property to which the nomination relates;
(iii)the district in which the rateable property is situated;
(iv)any ward in which the rateable property is situated;
(v)the full name (family name and other names) of the nominee;
and
(c)must set out the nominee’s enrolment address; and
(d)must include a statement to the effect that the persons making the nomination are all or a majority of the people who own or occupy (as the case requires) the rateable property; and
(e)if a person making the nomination is a nominee of a body corporate under section 4.31(1G) — must be accompanied by —
(i)the nomination made by the body corporate; or
(ii)a copy of that nomination if it has otherwise been given to the CEO;
and
(f)must include a declaration made by each person making the nomination that, in effect, complies with subregulation (3); and
(g)must be signed by each person making the nomination.
(3)For the purposes of subregulation (2)(f), the following must be declared —
(a)that the person making the nomination is entitled to make the nomination under section 4.31(1E) or (1F) (as the case requires);
(b)that all details and other information included in the nomination are true and correct.
(4)The Departmental CEO may approve forms that must be used for making nominations under section 4.31(1E) or (1F).
(5)An approved form —
(a)must reflect the requirements of subregulation (2); and
(b)may otherwise deal only with incidental matters; and
(c)may cater for more than 1 nomination to be made on a single form; and
(d)must be published on the Department’s official website.
[Regulation 11 inserted: SL 2023/158 r. 20.]
11A.Nomination under s. 4.31(1G)
(1)In this regulation —
rateable property includes a portion of rateable property.
(2)A nomination under section 4.31(1G) —
(a)must be in writing and given to the CEO; and
(b)must set out the following —
(i)the name and address of the body corporate;
(ii)the address of the rateable property to which the nomination relates;
(iii)the district in which the rateable property is situated;
(iv)any ward in which the rateable property is situated;
(v)whether the nomination is being made on the basis of the body corporate’s ownership of the rateable property or on the basis of its occupation of the rateable property;
(vi)if the nomination is being made on the basis of the body corporate’s ownership of the rateable property — whether the body corporate is the sole owner or whether it owns the rateable property in conjunction with 1 or more other persons;
(vii)if the nomination is being made on the basis of the body corporate’s occupation of the rateable property — whether the body corporate is the sole occupier or whether it occupies the rateable property in conjunction with 1 or more other persons;
(viii)if the nomination is being made on the basis of the body corporate’s occupation of the rateable property — an explanation of how the requirement of section 4.31(1C) and the requirements prescribed by regulation 10A(2) are met in respect of its occupation;
(ix)the full name (family name and other names) of the nominee;
and
(c)must set out the nominee’s enrolment address; and
(d)must be signed by an officer of the body corporate; and
(e)must include a declaration made by that officer that, in effect, complies with subregulation (3).
(3)For the purposes of subregulation (2)(e), the following must be declared —
(a)that the body corporate is entitled to make the nomination under section 4.31(1G);
(b)that all details and other information included in the nomination are true and correct.
(4)The Departmental CEO may approve forms that must be used for making nominations under section 4.31(1G).
(5)An approved form —
(a)must reflect the requirements of subregulation (2); and
(b)may otherwise deal only with incidental matters; and
(c)may cater for more than 1 nomination to be made on a single form; and
(d)must be published on the Department’s official website.
[Regulation 11A inserted: SL 2023/158 r. 20.]
11B.Currency of nomination under s. 4.31(1E), (1F) or (1G)
(1)A nomination under section 4.31(1E), (1F) or (1G) remains in force until any of the following occurs —
(a)if the nomination is expressed to be for a limited period — that period ends;
(b)the nomination is withdrawn by written notice (a withdrawal notice) given to the CEO;
(c)an enrolment eligibility claim made by the nominee expires or is rejected;
(d)the person, or any of the persons, who make the nomination ceases to be entitled to make the nomination;
(e)the nominee otherwise ceases to be eligible to be nominated.
(2)A withdrawal notice in respect of a nomination under section 4.31(1E) or (1F) must be signed by all or a majority of the people who own or occupy the rateable property, or portion of rateable property, to which the nomination relates.
(3)A withdrawal notice in respect of a nomination under section 4.31(1G) must be signed by an officer of the body corporate.
(4)The Departmental CEO may approve forms that must be used for withdrawal notices.
(5)An approved form —
(a)may cater for more than 1 withdrawal notice to be given on a single form; and
(b)must be published on the Department’s official website.
[Regulation 11B inserted: SL 2023/158 r. 20.]
12.Enrolment eligibility claim may be based on 2 or more parcels of rateable property — s. 4.32(1)
An enrolment eligibility claim may claim eligibility based on each of 2 or more parcels of rateable property.
[Regulation 12 amended: SL 2023/158 r. 21.]
12A.Content of enrolment eligibility claim — s. 4.32(2)
(1)In this regulation —
rateable property includes a portion of rateable property.
(2)For the purposes of section 4.32(2), an enrolment eligibility claim —
(a)must be in writing; and
(b)must set out the claimant’s full name (family name and other names) and date of birth; and
(c)must set out the claimant’s enrolment address; and
(d)if the claimant has a postal address that is different to the claimant’s enrolment address — may set out that postal address; and
(e)must state whether the claim is made in reliance on Schedule 9.3 clause 12 of the Act and, if it is, must explain why the requirements of that clause are met; and
(f)must set out the address of the rateable property to which the claim relates; and
(g)must set out the district in which the rateable property is situated; and
(h)must set out any ward in which the rateable property is situated and, if section 4.31(1B) applies, may include a nomination under section 4.31(1B)(a); and
(i)must state whether the claimant is a nominee under any of section 4.31(1E), (1F) and (1G); and
(j)if the claimant is a nominee under any of section 4.31(1E), (1F) and (1G) — must be accompanied by —
(i)the nomination; or
(ii)a copy of the nomination if the nomination has otherwise been given to the CEO;
and
(k)must state whether the claim is made on the basis of ownership of the rateable property or on the basis of occupation of the rateable property; and
(l)if the claim is made on the basis of occupation of rateable property — must explain how the requirements of section 4.32(3) and regulations 12C and 12D are met; and
(m)must include a declaration made by the claimant that, in effect, complies with subregulation (5); and
(n)must be signed by the claimant.
(3)If applicable, the claim may state —
(a)that the claimant is a silent elector; and
(b)whichever of the following is applicable —
(i)that the claimant’s State enrolment address is required not to be shown on a roll under the Electoral Act 1907 section 51B;
(ii)that the claimant has no State enrolment address and that the claimant’s Commonwealth enrolment address is required not to be shown on a roll under the Commonwealth Electoral Act 1918 (Commonwealth) section 104;
and
(c)that the claimant consents to the CEO confirming (from time to time) the matters stated under paragraphs (a) and (b) with the Western Australian Electoral Commission.
(4)A statement under subregulation (3) is a notice for the purposes of regulation 13(1A).
Note for this subregulation:
See regulation 13(2) and (2A) for further provisions about silent electors.
(5)For the purposes of subregulation (2)(m), the following must be declared —
(a)that the claimant is entitled to make the claim as referred to in section 4.32(1);
(b)if the claim sets out a postal address under subregulation (2)(d) — that the claimant has personal access to the address for the purpose of receiving the claimant’s post sent to the address;
(c)if the claim is based on occupation of rateable property — that the requirements of section 4.32(3) and regulations 12C and 12D are met;
(d)that all details and other information included in, or accompanying, the claim are true and correct.
(6)The Departmental CEO may approve forms that must be used for making enrolment eligibility claims.
(7)An approved form —
(a)must reflect the requirements of this regulation and regulation 12B; and
(b)may otherwise deal only with incidental matters; and
(c)must be published on the Department’s official website.
[Regulation 12A inserted: SL 2023/158 r. 22.]
12B.Items to accompany enrolment eligibility claim based on occupation of rateable property — s. 4.32(2)
For the purposes of section 4.32(2), the following must accompany an enrolment eligibility claim based on occupation of rateable property —
(a)a copy of any lease, tenancy agreement or other legal instrument that gave or gives a right of occupation on which the claimant relies for the purposes of section 4.32(3)(a) or (c);
(b)if such a right of occupation was or is given by a sub‑lease or sub‑tenancy —
(i)evidence that any approval of that sub‑lease or sub‑tenancy required under the head‑lease or head‑tenancy was, or has been, obtained; or
(ii)evidence that no such approval was or is required;
(c)if applicable — evidence of the payment of any rent as referred to in section 4.32(3)(b).
[Regulation 12B inserted: SL 2023/158 r. 22.]
12C.Prescribed rent for enrolment eligibility claim based on occupation of rateable property — s. 4.32(3)(b) and (d)
(1)For the purposes of section 4.32(3)(b) and (d), the prescribed amount is the amount given by subregulation (3), (4) or (5) (as the case requires).
(2)The amounts in subregulations (3), (4) and (5) are annualised amounts.
(3)For the district of Perth —
(a)if the right of occupation applies to 100 m2 or more — the amount is $10 000; or
(b)otherwise — the amount is $100 per m2 to which the right of occupation applies.
Example for this paragraph:
The right of occupation applies to 10 m2, giving an amount of $1 000 (100 x 10).
(4)For any other district that is (wholly or partly) in the metropolitan area and for the district of Mandurah —
(a)if the right of occupation applies to 100 m2 or more — the amount is $5 000; or
(b)otherwise — the amount is $50 per m2 to which the right of occupation applies.
Example for this paragraph:
The right of occupation applies to 10 m2, giving an amount of $500 (50 x 10).
(5)For any district not covered by subregulation (3) or (4) —
(a)if the right of occupation applies to 100 m2 or more — the amount is $1 000; or
(b)otherwise — the amount is $10 per m2 to which the right of occupation applies.
Example for this paragraph:
The right of occupation applies to 10 m2, giving an amount of $100 (10 x 10).
(6)If the m2 to which the right of occupation applies varies over the 12‑month period referred to in section 4.32(3)(a) or the 3‑month period referred to in section 4.32(3)(c) (as the case requires), the average m2 over the period is to be used for the purpose of determining whether the claimant has paid rent, or is liable to pay rent, of at least the amount given by subregulation (3), (4) or (5).
Example for this subregulation:
The m2 over the first half of the period is 10 m2.
The m2 over the second half of the period is 20 m2.
The average m2 is 15 m2 ((10 m2 + 20 m2)/2).
(7)References in this regulation to the m2 to which the right of occupation applies are to the total m2 to which the right of occupation applies and not just the m2 that count for the purposes of regulation 10A(2)(b).
(8)This regulation does not apply if the claimant is the nominee of a body corporate that is a registered entity under the Australian Charities and Not‑for‑profits Commission Act 2012 (Commonwealth).
[Regulation 12C inserted: SL 2023/158 r. 22.]
12D.Further requirements for enrolment eligibility claim based on occupation of rateable property — s. 4.32(3)(e)
(1)This regulation applies for the purposes of section 4.32(3)(e).
(2)In relation to the right of occupation referred to in section 4.32(3)(a), the requirements prescribed by regulation 10A(2) must have been met for the whole of the 12‑month period.
(3)In relation to the right of occupation referred to in section 4.32(3)(c) —
(a)the requirements prescribed by regulation 10A(2) must be met on the day on which the claim is made; and
(b)it must be reasonable to suppose that those requirements will continue to be met for the rest of the 3‑month period.
[Regulation 12D inserted: SL 2023/158 r. 22.]
(1)Subject to subregulation (2), the following information is to be recorded in the owners and occupiers register —
(a)in respect of each person who makes an enrolment eligibility claim —
(i)the person’s full name (family name and other names);
(ii)the person’s enrolment address;
(iii)the person’s authorised postal address (if any);
(b)each decision to accept or reject an enrolment eligibility claim;
(c)the date of the decision;
(d)if an enrolment eligibility claim is accepted —
(i)if the claim is based on occupation of rateable property — the expiry date for the claim provided for by section 4.33(2A) to (3);
(ii)details of each parcel of rateable property on the basis of which the person has claimed eligibility;
(iii)whether the person makes the claim as an owner or occupier or as the nominee of joint owners or joint occupiers or of a body corporate;
(iv)the ward to which the claim applies (if any).
(1A)A person who makes, or has made, an enrolment eligibility claim may give the CEO a notice in writing stating —
(a)that the person is a silent elector; and
(b)whichever of the following is applicable —
(i)that the person’s State enrolment address is required not to be shown on a roll under the Electoral Act 1907 section 51B;
(ii)that the person has no State enrolment address and that the person’s Commonwealth enrolment address is required not to be shown on a roll under the Commonwealth Electoral Act 1918 (Commonwealth) section 104;
and
(c)that the person consents to the CEO confirming (from time to time) the matters stated under paragraphs (a) and (b) with the Western Australian Electoral Commission.
Note for this subregulation:
A statement in a person’s enrolment eligibility claim under regulation 12A(3) is a notice for the purposes of this subregulation — see regulation 12A(4).
(2)If a person gives the CEO a notice under subregulation (1A), the CEO must —
(a)omit from the register the information referred to in subregulation (1)(a)(ii) and (iii) and (d)(ii); and
(b)instead of that information, include in the register the notation, “address omitted under regulation 13(2)”.
(2A)However, the CEO must not act under subregulation (2) if the CEO has reason to believe that the person is not a silent elector.
(3)Information from the enrolment eligibility claim is to be recorded in the register at or as soon as is practicable after the time notice of the decision to accept or reject the claim is given to the claimant under section 4.32(6).
(4)The CEO may amend the register from time to time to make sure that the information recorded in it is accurate.
(5)Without limiting subregulation (4), if the CEO has reason to believe that a person in relation to whom the CEO has acted under subregulation (2) is not, or is no longer, a silent elector, the CEO must amend the register accordingly to include the previously omitted information.
[Regulation 13 amended: Gazette 3 Aug 2007 p. 4006; SL 2023/158 r. 23.]
13A.Changes of name or enrolment address
(1)If there is a change in the full name (family name and other names) of a person who is an elector under section 4.30, the person must, within 21 days after the date of the change, give the CEO a notice in writing setting out the new full name.
Penalty for this subregulation: a fine of $50.
(2)If there is a change in the enrolment address of a person who is an elector under section 4.30, the person must, within 21 days after the day on which the person receives notification of the change from an electoral commission, give the CEO a notice in writing setting out the new enrolment address.
Penalty for this subregulation: a fine of $50.
(3)In subregulation (2) —
electoral commission means any of the following —
(a)the Commission established by the Commonwealth Electoral Act 1918 (Commonwealth) section 6;
(b)the Western Australian Electoral Commission;
(c)a person or body in another State, or in a Territory, whose functions are similar to the functions of the Western Australian Electoral Commission;
notification, in relation to a change in an enrolment address, means a notification (however given) that, in effect, confirms that the change has occurred.
(4)A notice under subregulation (1) or (2) must be signed by the person giving it.
(5)Without limiting regulation 13(4), if a person gives a notice under subregulation (1) or (2), the CEO must amend the owners and occupiers register accordingly (subject to regulation 13(2)).
(6)The Departmental CEO may approve forms that must be used for the purposes of notices under subregulation (1) or (2).
(7)An approved form must be published on the Department’s official website.
[Regulation 13A inserted: SL 2023/158 r. 24.]
(1)For the purposes of these regulations, including any form in Schedule 1 that requires or permits the inclusion of a postal address, the postal address of a person who is an elector under section 4.30 is —
(a)if the person has an authorised postal address — the authorised postal address; or
(b)otherwise — the person’s enrolment address.
(2)A person who is an elector under section 4.30 may give a notice in writing to the CEO doing any of the following —
(a)if the person has an authorised postal address — changing their authorised postal address to another postal address set out in the notice;
(b)if the person has an authorised postal address — advising that they are no longer to have an authorised postal address;
(c)if the person does not have an authorised postal address — setting out a postal address that is to be their authorised postal address.
(3)A person who is an elector under section 4.30 must give a notice under subregulation (2)(a) or (b) if the person does not have personal access to their authorised postal address for the purpose of receiving the person’s post sent to the address.
Penalty for this subregulation: a fine of $50.
(4)A notice required to be given by subregulation (3) must be given within 21 days after the day on which the person ceases to have the personal access.
(5)A notice under subregulation (2) must be signed by the person giving it.
(6)A notice under subregulation (2)(a) or (c) must include a declaration made by the person to the effect that the person has personal access to the postal address set out in the notice for the purpose of receiving the person’s post sent to the address.
(7)If a person gives a notice under subregulation (2)(a) or (c) —
(a)the postal address set out in the notice becomes the person’s authorised postal address; and
(b)without limiting regulation 13(4), the CEO must amend the owners and occupiers register accordingly (subject to regulation 13(2)).
(8)If a person gives the CEO a notice under subregulation (2)(b) —
(a)the person ceases to have an authorised postal address; and
(b)without limiting regulation 13(4), the CEO must amend the owners and occupiers register accordingly (subject to regulation 13(2)).
(9)The Departmental CEO may approve forms that must be used for the purposes of notices under subregulation (2).
(10)An approved form must be published on the Department’s official website.
[Regulation 13B inserted: SL 2023/158 r. 24.]
14.Appeal form to be sent with notice of rejection or expiry of enrolment eligibility claim — s. 4.32(6) and s. 4.35(3)
(1)A notice given under section 4.32(6) of a decision to reject an enrolment eligibility claim is to have with it a copy of Form 5.
(2)A notice given under section 4.35(3) is to have with it a copy of Form 7.
15.Appeals to Electoral Commissioner — s. 4.32(8) and s. 4.35(4)
(1)An appeal under section 4.32(8) can, instead of being made in the form of Form 5, be made by letter signed by the appellant setting out —
(a)the appellant’s full name and postal address and any contact numbers; and
(b)the appellant’s grounds for appealing; and
(c)details of any other information in support of the appeal.
(2)A letter under subregulation (1) is to have with it a copy of the notice given under section 4.32(6) of the decision to reject the enrolment eligibility claim.
(3)An appeal under section 4.35(4) can, instead of being made in the form of Form 7, be made by letter signed by the appellant setting out —
(a)the appellant’s full name and postal address and any contact numbers; and
(b)the appellant’s grounds for appealing; and
(c)details of any other information in support of the appeal.
(4)A letter under subregulation (3) is to have with it a copy of the notice given under section 4.35(3) of the decision that the appellant is no longer eligible to be enrolled.
Details of a person’s date of birth or contact number provided in an enrolment eligibility claim are confidential and the CEO, and any person to whom that information is disclosed in accordance with these regulations are to ensure that those details are not used or disclosed to any person other than for the purpose of preparing electoral rolls for the relevant district or ward or as otherwise required or permitted by law.
A local government must keep —
(a)an enrolment eligibility claim —
(i)if the claim is accepted, for 2 years after the claim expires; or
(ii)if the claim is rejected, for 2 years after it is rejected;
and
(b)a copy of a notice of acceptance for 2 years after the enrolment eligibility claim to which it relates expires; and
(c)a copy of a notice of rejection for 2 years after the claim was rejected.
[Regulation 17 amended: SL 2023/158 r. 25.]
18.Consolidation of residents roll with owners and occupiers roll — s. 4.38(1)
(1)The RO may, at the RO’s discretion, consolidate the residents roll with the owners and occupiers roll for the purposes of the election.
(1a)If the CEO is not the RO, the RO may direct the CEO to consolidate the residents roll with the owners and occupiers roll for the purposes of the election.
(2)The preparation of any consolidated roll under subregulation (1) or (1a) has to be completed on or before the 22nd day before election day.
[Regulation 18 amended: Gazette 22 Dec 1998 p. 6869.]
19.District rolls, ward rolls and combined ward rolls — s. 4.38(2)
(1)If the district is not divided into wards the electoral roll for the election is to be a district roll.
(2)If the district is divided into wards and the election is of the mayor or president, the electoral roll for the election is to be a district roll.
(3)Subject to subregulation (4) if the district is divided into wards and the election is of a councillor or councillors, the electoral roll for the election is to be a ward roll.
(4)If elections of a councillor or councillors are to be held in 2 or more wards, the electoral roll can, at the RO’s discretion, be a combined ward roll that sufficiently identifies the ward or wards in relation to which each elector is enrolled to vote.
(5)Section 4.44 is not contravened by the inclusion of a person’s name more than once on a combined ward roll as long as each inclusion is in respect of a different ward.
20.Elector’s details on roll — s. 4.38(2)
(1)Subject to subregulation (2), the residents roll is to contain the following details in respect of each elector included on it —
(a)family name;
(b)other names;
(c)residential address;
(d)if it differs from the residential address, postal address.
(2)Subregulation (1)(c) and (d) does not apply if under section 51B of the Electoral Act 1907, the elector’s residence is not to be included in the particulars that are entered in a roll under that Act.
(3)Subject to subregulation (4), the owners and occupiers roll is to be compiled from the register kept under section 4.32(6) and is to contain the following details in respect of each elector included on it —
(a)family name;
(b)other names;
(c)enrolment address;
(ca)authorised postal address (if any);
(d)details of each parcel of rateable property on the basis of which the elector is eligible for enrolment;
(e)whether the elector is —
(i)an owner; or
(ii)an occupier; or
(iii)a nominee of joint owners; or
(iv)a nominee of joint occupiers; or
(v)a nominee of a body corporate.
(4)Subregulation (3)(c) to (d) do not apply if the owners and occupiers register contains the notation mentioned in regulation 13(2).
(5)If there is a consolidated roll it is to contain, in respect of each elector included on it, the details that would be included in respect of that elector if the roll were the residents roll or the owners and occupiers roll.
[Regulation 20 amended: Gazette 21 Jan 2005 p. 264; SL 2023/158 r. 26.]
The names on the residents roll, the owners and occupiers roll and the consolidated roll (if there is one) are to be arranged in alphabetical order and each page of the roll is to be numbered.
22.Supply of rolls — s. 4.42(2)
(1)The CEO is to supply a copy of a roll for any election, free of charge, to —
(a)each candidate in the election; and
(b)any member of the council who asks for a copy.
(2)If a candidate or member asks for more than one copy of a roll, the CEO may, at his or her discretion, supply the additional copy or copies free of charge but, in exercising that discretion, the CEO is to deal with different candidates and different members in a consistent manner.
22AA.Destruction and deletion of copies of rolls — s. 4.42(3)
(1)In this regulation —
authorised person means —
(a)the CEO; or
(b)the Electoral Commissioner;
recipient means a member of the council or a candidate to whom a copy of a roll is supplied under section 4.42(2);
relevant period — see subregulations (8) and (9);
supplied copy, in relation to a recipient —
(a)means any of the following —
(i)the copy of a roll supplied to the recipient under section 4.42(2);
(ii)a copy of the roll derived (directly or indirectly and wholly or partly) from the copy supplied under section 4.42(2);
(iii)any other document or information derived (directly or indirectly and wholly or partly) from the copy supplied under section 4.42(2);
(iv)a document or information containing details supplied to the recipient under section 4.43(3b) relating to the roll;
but
(b)does not include any envelope, package or correspondence sent to an elector by, or on behalf of, the recipient just because the envelope, package or correspondence shows the elector’s name and address as included in the roll;
working day means a day other than —
(a)a Saturday or Sunday; or
(b)a public holiday throughout the State; or
(c)a public holiday in an area that is or includes the district or any part of the district.
(2)This regulation applies for the purposes of section 4.42(3).
(3)A recipient must ensure that every supplied copy is, before the end of the relevant period —
(a)destroyed; or
(b)in the case of a supplied copy that is in electronic form — deleted from any computer, device, medium or other storage system on or in which the supplied copy is held, retained or stored.
(4)If a recipient fails to comply with subregulation (3), the recipient commits an offence, which continues from the end of the relevant period until every supplied copy is —
(a)destroyed; or
(b)in the case of a supplied copy that is in electronic form — deleted from any computer, device, medium or other storage system on or in which the supplied copy is held, retained or stored.
Penalty for this subregulation:
(a)a fine of $5 000;
(b)a daily penalty of a fine of $50 for each day or part of a day during which the offence continues.
(5)A recipient must, before the end of the relevant period, provide an authorised person with a statutory declaration made by the recipient —
(a)that confirms, in effect, that every supplied copy has been —
(i)destroyed; or
(ii)in the case of a supplied copy that is in electronic form — deleted from any computer, device, medium or other storage system on or in which the supplied copy was held, retained or stored;
and
(b)that complies with subregulation (6).
(6)For the purposes of subregulation (5)(b), the statutory declaration must —
(a)identify the election; and
(b)include a description of every supplied copy, including whether the supplied copy was in electronic form; and
(c)in relation to every supplied copy, describe the steps taken to destroy or delete it.
(7)If a recipient fails to comply with subregulation (5), the recipient commits an offence, which continues from the end of the relevant period until the required statutory declaration is provided to an authorised person.
Penalty for this subregulation:
(a)a fine of $5 000;
(b)a daily penalty of a fine of $50 for each day or part of a day during which the offence continues.
(8)For the purposes of subregulations (3) to (7) but subject to subregulation (9), the relevant period is —
(a)if the recipient is a candidate in the election who is not elected at the election — the period of 5 working days after the day on which the result of the election is declared under section 4.77; or
(b)if the recipient is a candidate in the election who is elected at the election — the period of 5 working days after the day on which, as the case requires —
(i)the term of the office to which the recipient is elected ends; or
(ii)if that office becomes vacant before the end of that term — the day on which that office becomes vacant;
or
(c)if the recipient is a member of the council who is not a candidate in the election — the period of 5 working days after the day on which, as the case requires —
(i)the term of the recipient’s current office ends; or
(ii)if that office becomes vacant before the end of that term — the day on which that office becomes vacant.
(9)If the election becomes void under section 4.58, the relevant period is the period of 5 working days after the day on which the candidate dies.
[Regulation 22AA inserted: SL 2023/102 r. 25.]
22A.Certification of corrections to roll — s. 4.43(4)
An alteration made to a roll for an election under section 4.43(3) by the returning officer —
(a)where the roll is an owners and occupiers roll, is to be certified as being made under that section by the CEO; or
(b)where the roll is a residents roll, is to be certified as being made under that section by the Electoral Commissioner.
[Regulation 22A inserted: Gazette 21 Jan 2005 p. 264.]
22B.Course of induction — s. 4.48(1) and (2)
(1)For the purposes of section 4.48(1) and (2), the course of induction is the course titled Local Government Candidate Induction that is available on the Department’s official website after 30 June 2023.
(2)The course of induction prescribed under subregulation (1) must be completed by the person referred to in section 4.48(1)(d) or (2)(b) even if the person has completed a previously prescribed course of induction.
[Regulation 22B inserted: SL 2023/102 r. 26.]
23.Means of sending nomination or withdrawal — s. 4.49(a) and s. 4.53(2)(a)
Regulation 5 applies to the means by which —
(a)a nomination paper; or
(b)written notice of the withdrawal of a nomination; or
(c)an authorisation under regulation 25(2) or (4),
can be received.
24.Candidate’s profile — s. 4.49(b)
The profile of a candidate required by section 4.49(b) —
(a)is to be in the English language and is not to contain more than 1 000 characters and spaces (but not counting the characters and spaces needed to comply with paragraph (d)); and
(b)is to be confined to biographical information about the proposed candidate and statements of the candidate’s policies or beliefs and is not to contain information that the RO considers to be false, misleading or defamatory; and
(c)is to be hand written, typed or printed on a single A4 page, or if it is delivered electronically, is to be capable of being printed on a single A4 page; and
(d)is to include the proposed candidate’s full name (in the form in which he or she has asked for it to be included on the ballot paper) and details of where and how he or she can be contacted; and
(e)can include a photograph (not larger than the size used in passports) of the proposed candidate’s head or head and shoulders if the photograph was taken less than 6 months before the date of the nomination form or the RO considers that the photograph shows a reasonable likeness of the proposed candidate.
[Regulation 24 amended: Gazette 25 Jan 2001 p. 588; SL 2021/141 r. 5; SL 2023/102 r. 27.]
25.Evidence of candidate’s consent to nomination or withdrawal — s. 4.49(c) and s. 4.53(2)(b)
(1)There is sufficient evidence of a nomination having been made by the candidate if the RO receives a nomination paper in the form of Form 8 that has been signed by the candidate in the presence of an authorised witness.
(2)There is sufficient evidence of a nomination having been made with the consent of the candidate if, in addition to a nomination paper in the form of Form 9, the RO is given a written authorisation signed by the candidate.
(3)There is sufficient evidence of a candidate having withdrawn his or her nomination if the RO receives a written notice of the withdrawal signed by the candidate.
(4)There is sufficient evidence of a candidate having consented to the withdrawal of his or her nomination if, in addition to a written notice of withdrawal signed by the candidate’s agent, the RO is given a written authorisation signed by the candidate.
26.Deposits — s. 4.49(d) and s. 4.50
(1)The deposit to be paid in respect of the nomination of a candidate is $100.
(2)The deposit is to be accepted by the RO if it is paid in cash or by bank draft or postal order.
(3)The RO may accept payment of the deposit by cheque, electronic transfer or other means as long as there is a way of verifying that the amount of the deposit was credited to the local government before the close of nominations.
(4)The deposit is to be kept separate from other moneys and is to be credited to —
(a)a fund of the local government; or
(b)an account maintained by the Western Australian Electoral Commission, if the Electoral Commissioner —
(i)is responsible for the conduct of the election; and
(ii)approves of the deposit being so credited.
[Regulation 26 amended: Gazette 22 Dec 1998 p. 6869; 21 Jan 2005 p. 265; 18 Mar 2005 p. 975; SL 2023/102 r. 28.]
27.Cases in which deposits refunded — s. 4.50
(1)A successful candidate’s deposit is to be refunded.
(2)If the number of first‑preference votes received by a candidate is at least 5% of the total number of first‑preference votes included in the count, that candidate’s deposit is to be refunded.
[(3)deleted]
(4)If section 4.58(1) applies (death of candidate after close of nominations but before election completed), each candidate’s deposit is to be refunded.
(5)A candidate’s deposit must be refunded if the candidate’s nomination is withdrawn under section 4.53 before the close of nominations.
(6)If the successful candidate in a principal office election was also a candidate at a councillor election for the same local government held on the same election day, that candidate’s deposit in the councillor election is to be refunded.
(7)If a Court of Disputed Returns declares the election to have been invalid, each candidate’s deposit is to be refunded.
[Regulation 27 amended: Gazette 18 Mar 2005 p. 975; 3 Aug 2007 p. 3990-1; 28 Aug 2009 p. 3360; SL 2023/102 r. 29.]
28.How deposits refunded — s. 4.50
(1)If a candidate’s deposit is to be refunded, and the deposit has been credited under regulation 26(4)(a) to a fund of the local government, the CEO is to pay an amount equal to the deposit to —
(a)the candidate; or
(b)a person to whom the candidate, by written notice given to the CEO, directs the CEO to pay it; or
(c)if the candidate is dead or otherwise incapable of receiving the payment, to the personal representative of the candidate or other person lawfully entitled to receive it.
(1a)If a candidate’s deposit is to be refunded, and the deposit has been credited under regulation 26(4)(b) to an account maintained by the Western Australian Electoral Commission, the Electoral Commissioner is to pay an amount equal to the deposit to —
(a)the candidate; or
(b)a person to whom the candidate, by written notice given to the Electoral Commissioner, directs the Electoral Commissioner to pay it; or
(c)if the candidate is dead or otherwise incapable of receiving the payment, to the personal representative of the candidate or other person lawfully entitled to receive it.
(1b)If a candidate’s deposit has not been refunded under subregulation (1a) within 28 days after notice is given of the result of the election —
(a)the Electoral Commissioner is to pay an amount equal to the deposit to the local government; and
(b)the local government is to credit that amount to a fund of the local government as referred to in regulation 26(4)(a).
(2)If payment is not made as required under subregulation (1) or (1a), the person entitled to receive the payment can recover the amount in question from the local government in a court of competent jurisdiction.
(3)A payment under subregulation (1) or (1a) is to be charged to the fund or account to which the candidate’s deposit was credited under regulation 26(4).
[Regulation 28 amended: Gazette 21 Jan 2005 p. 265-6; 18 Mar 2005 p. 976.]
29.Local government to retain deposits in other cases
If regulation 27 does not apply to a deposit, it becomes the property of the local government and is to be credited to the local government’s municipal fund.
29A.Publication of information about candidates — s. 4.52
(1)The following are prescribed for the purposes of paragraph (d) of the definition of relevant information in section 4.52(1) —
(a)the written statement that the RO is required to prepare under subregulation (2), (3) or (4) (as the case requires);
(b)the written statement (if any) provided by the candidate in accordance with subregulations (5) and (6), unless the RO considers that the statement contains something that is false, misleading or defamatory.
(2)If the candidate is eligible to be a candidate because they are an elector under section 4.29 of the district, or of any ward in the district, for the purposes of subregulation (1)(a), the RO must prepare the following written statement —
[INSERT NAME OF CANDIDATE TO APPEAR ON BALLOT PAPER] is eligible to stand for election as a resident of [INSERT NAME OF DISTRICT].
(3)If the candidate is eligible to be a candidate because they are an elector under section 4.30 of the district, or of any ward in the district, on the basis of ownership of rateable property, for the purposes of subregulation (1)(a), the RO must prepare the following written statement —
[INSERT NAME OF CANDIDATE TO APPEAR ON BALLOT PAPER] is eligible to stand for election as the owner of rateable property in [INSERT NAME OF DISTRICT].
(4)If the candidate is eligible to be a candidate because they are an elector under section 4.30 of the district, or of any ward in the district, on the basis of occupation of rateable property, for the purposes of subregulation (1)(a), the RO must prepare the following written statement —
[INSERT NAME OF CANDIDATE TO APPEAR ON BALLOT PAPER] is eligible to stand for election as the occupier of rateable property in [INSERT NAME OF DISTRICT].
(5)For the purposes of subregulation (1)(b), a candidate may provide, for publication on the local government’s official website, a written statement that contains information that the candidate considers to be relevant to their candidature in addition to any information included in their profile under section 4.49(b) or provided by them under section 4.49(ba).
(6)The written statement must —
(a)accompany the nomination paper for the candidate; and
(b)be in the English language; and
(c)contain no more than 2 000 characters and spaces.
[(7)deleted]
[Regulation 29A inserted: SL 2023/102 r. 30; amended: SL 2023/158 r. 27.]
30.Drawing lots for positions on ballot paper — s. 4.56(a)
(1)As soon as possible after nominations have been declared the RO is to make out in respect of each candidate a slip bearing the candidate’s name.
(2)The RO is to place each of the slips in separate hollow opaque spheres of exact similarity, securely close the spheres, deposit the spheres in an empty container, and securely fasten the container.
(3)Then the RO is to shake and rotate the container and permit anyone else present to do likewise if they so wish.
(4)Then the RO is to open the container, take out and open the spheres one by one to obtain the slips enclosed in them, and record on a list the names appearing on the slips in the order in which they were obtained.
(5)When the list is complete the RO is to sign and date it.
(6)The steps set out in subregulations (1) to (5) are to be carried out in front of all the people present and the RO is to show them the list of candidates before retaining it with other records of the election.
(7)The RO is to cause the ballot papers to be printed so that the names of the candidates appear in the order in which they appear on the list.
[Heading inserted: Gazette 20 Nov 1998 p. 6275.]
(1)In this Part —
address means a residential or street address;
donor means a person who makes a gift to a candidate, and, if the gift is made on behalf of another person, includes that other person;
gift means a disposition of property, or the conferral of any financial benefit, made by one person in favour of another.
(2)A gift can include a gift of money, a gift which is non‑monetary but of value, a gift in kind, the payment of an inadequate financial consideration or the receipt of a discount (where the difference or discount is more than $300 worth), financial or other contribution to travel, the provision of a service for no consideration or for inadequate consideration, and a firm promise or agreement to give a gift at some future time.
(3)A gift can be made with or without an instrument in writing, without consideration in money or money’s worth passing from one person to another, and in the present or sometime in the future.
(4)A gift is only relevant if —
(a)the value of the gift is $300 or more; or
(b)the value of the gift is less than $300, but the gift is one of 2 or more gifts, with a total value of $300 or more, made by one person at any time during the period set out in regulation 30C.
(5)A gift does not include —
(a)a gift by will; or
(b)a gift by a relative (as defined in section 5.74(1) of the Act); or
(c)a gift that does not relate to the candidate’s candidature; or
(d)the provision of volunteer labour.
[Regulation 30A inserted: Gazette 20 Nov 1998 p. 6275; amended: Gazette 14 Aug 2009 p. 3216; SL 2023/102 r. 31.]
30BA.Candidates not to receive gifts from unidentified donors
(1)A candidate must not receive a gift during the period set out in regulation 30C unless the name and address of each donor are known to the candidate.
Penalty: $5 000.
(2)A candidate is taken not to have received a gift if as soon as the candidate became aware of the gift the candidate —
(a)takes reasonable steps to —
(i)return the gift; or
(ii)deliver the gift to the CEO for disposal;
and
(b)discloses to the CEO the gift in the manner set out in regulation 30D(1).
[Regulation 30BA inserted: Gazette 14 Aug 2009 p. 3216-17.]
30B.Candidates to disclose gifts — s. 4.59
(1)A candidate must disclose to the CEO a gift promised or received during the period set out in regulation 30C.
Penalty: $5 000.
(2)A candidate must make a disclosure to the CEO in the manner set out in regulation 30D(1), and within the time set out in regulation 30D(2).
Penalty: $5 000.
[(3)deleted]
(4)A candidate must provide the information set out in regulation 30F(1) relating to a gift, and the candidate must ensure that the information provided is not false or misleading.
Penalty: $5 000.
[Regulation 30B inserted: Gazette 20 Nov 1998 p. 6275; amended: Gazette 14 Aug 2009 p. 3217.]
30CA.Donors to disclose gifts — s. 4.59
(1)A donor must disclose to the CEO a gift to a candidate promised or made during the period set out in regulation 30C.
Penalty: $5 000.
(2)A donor must make a disclosure to the CEO in the manner set out in regulation 30D(1), and within the time set out in regulation 30D(2).
Penalty: $5 000.
(3)A donor must provide the information set out in regulation 30F(1) relating to the gift, and the donor must ensure that the information provided is not false or misleading.
Penalty: $5 000.
[Regulation 30CA inserted: Gazette 14 Aug 2009 p. 3217.]
(1)For the purposes of regulation 30B(1) and 30CA(1), the period commences 6 months before the relevant election day, and concludes —
(a)3 days after the election day, for unsuccessful candidates; or
(b)on the start day for financial interest returns for successful candidates under section 5.74 of the Act.
(2)Where a delay results from a declaration from the Court of Disputed Returns the period of delay is to be added to the 6 month period set out in subregulation (1).
(3)If the day the Local Government (Elections) Amendment Regulations 2009 regulation 3 comes into operation (the commencement day) is less than 6 months before a relevant election day, the period set out in subregulation (1) commences on the commencement day.
[Regulation 30C inserted: Gazette 20 Nov 1998 p. 6276; amended: Gazette 14 Aug 2009 p. 3217.]
30D.Manner and time of disclosure
(1)For the purposes of regulation 30B(2) or 30CA(2), a disclosure is to be made by completing Form 9A and lodging it with the CEO.
(2)For the purposes of regulation 30B(2) or 30CA(2), a disclosure is to be made —
(a)within 3 days of the making, receipt (or promise) of the gift, once nominations are made; or
(b)within 3 days of nomination, for gifts made, received (or promised) between the commencement of the period set out in regulation 30B and the day of nomination,
unless the CEO is satisfied that the lodging of a disclosure has occurred outside the time period in paragraph (a) or (b) due to circumstances beyond the control of the person who is required to make the disclosure.
[Regulation 30D inserted: Gazette 20 Nov 1998 p. 6276; amended: Gazette 14 Aug 2009 p. 3218.]
[30E.Deleted: Gazette 14 Aug 2009 p. 3218.]
30F.Information to be provided
(1)For the purposes of regulation 30B(4) and 30CA(3), a disclosure is to contain the following information —
(a)a description of the gift;
(b)the date the gift was made, received or promised;
(c)the value of the gift;
(d)the name and address of each donor.
(2)If a candidate is unable to provide some or all of the information set out in subregulation (1), the candidate does not commit an offence under regulation 30B(4) if, on the ‘disclosure of gifts’ form, the candidate —
(a)provides as much of the information as is available to the candidate; and
(b)indicates what of the required information has not been provided; and
(c)sets out the reasons for not being able to provide the information.
(3)In subregulation (2) —
reasons must be, in the opinion of the CEO, sufficient and appropriate.
[Regulation 30F inserted: Gazette 20 Nov 1998 p. 6276; amended: Gazette 14 Aug 2009 p. 3218.]
(1)The CEO is to establish and maintain an electoral gift register.
(2)The CEO is to ensure that all ‘disclosure of gifts’ forms completed by candidates and donors and received by the CEO are placed on the electoral gift register —
(a)upon receipt by the CEO; and
(b)in a manner that clearly identifies and distinguishes the forms relating to each candidate.
(3)Any ‘disclosure of gifts’ forms relating to a candidate must be kept on the electoral gift register until the end of the period of 4 years after the relevant election day.
(4)The CEO must —
(a)remove those forms from the electoral gift register at the end of that 4‑year period; and
(b)retain them separately for a period of at least 2 years.
(5)The CEO must publish an up‑to‑date version of the electoral gift register on the local government’s official website.
(6)The version of the electoral gift register published under subregulation (5) must not include the address of an individual included in a ‘disclosure of gifts’ form and must instead include the town or suburb mentioned in the address.
[Regulation 30G inserted as regulation 30H: Gazette 20 Nov 1998 p. 6276; renumbered as regulation 30G: Gazette 22 Dec 1998 p. 6869; amended: 14 Aug 2009 p. 3219; SL 2020/213 r. 27; SL 2023/102 r. 32.]
30H.Public to have access to electoral gift register
The electoral gift register is to be kept at the appropriate local government offices.
[Regulation 30H inserted as regulation 30I: Gazette 20 Nov 1998 p. 6276; renumbered as regulation 30H: Gazette 22 Dec 1998 p. 6869.]
30I.Offence to publish information in certain cases
(1)A person must not publish —
(a)any information derived from an electoral gift register unless that information constitutes a fair or accurate report or summary of information contained in the register and is published in good faith; or
(b)any comment on the facts set forth in an electoral gift register unless that comment is fair and published in good faith.
Penalty: $5 000.
(2)In subregulation (1) —
publish has the meaning that the term has in the law of tort (as modified by the Defamation Act 2005) relating to defamation.
[Regulation 30I inserted as regulation 30J: Gazette 20 Nov 1998 p. 6276‑7; renumbered as regulation 30I: Gazette 22 Dec 1998 p. 6869; amended: SL 2020/213 r. 28.]
31.Contents of election notice — s. 4.64
(1)The election notice is to contain the following details —
(a)the office that is to be filled;
(b)the names of the candidates;
(c)the election day;
(d)whether the election will be conducted as a postal election or as a voting in person election, as described in section 4.61;
(e)the polling place or places appointed for the election including the place or places appointed for the casting of early votes;
(f)the period during which each polling place will be open for the casting of votes;
(g)the period during which the place or places appointed for the casting of early votes will be open for that purpose;
(h)when a vote may be cast, posted or delivered in accordance with section 4.68;
(i)the place or places where votes are to be counted including, if an electronic counting system is to be used for the election, the following —
(i)any place or places appointed by the RO under regulation 75C where ballot boxes are to be opened;
(ii)any place or places appointed by the RO under regulation 75C where votes indicated on ballot papers are to be recorded electronically;
(iii)any electronic counting place or places.
(2)If the same election day is fixed for 2 or more elections a combined election notice can be given and, in that case, the notice is to give details of the respective offices for which the candidates are seeking election.
[Regulation 31 amended: Gazette 3 Aug 2007 p. 3991; 28 Aug 2009 p. 3360; SL 2023/102 r. 33.]
(1)The RO may give such other notices about the election as the RO thinks fit.
(2)The RO may appoint one or more further polling places after the election notice has been given, and is to give such Statewide or local public notice as is practicable of any polling place so appointed and the purpose and period for which it is to be used.
[Heading amended: SL 2023/102 r. 34.]
33.RO to print ballot papers — s. 4.71(1)(a)
(1)The RO is to cause sufficient numbers of ballot papers (Forms 10 and 11) to be printed for the purposes of the election.
(2)Without limiting regulation 4(4), in preparing ballot papers in the form of Form 10 the RO is to apply the notes set out in Schedule 1 after Form 10.
(3)There is no need to print ballot papers in the form of Form 11 in the case of a postal election.
[34, 35.Deleted: SL 2023/102 r. 35.]
Division 1 — Application to vote by post — s. 4.71(1)(c)
36.No application required for postal election
(1)If the election is a postal election no application for postal voting papers is to be made.
(2)Subregulation (1) does not affect the operation of regulation 45 or 46.
37.How to apply to vote by post at voting in person elections
(1)A person may apply (Form 12) to be given postal voting papers —
(a)for any voting in person election to be held on a particular election day; or
(b)for voting in person elections generally.
(2)No reason has to be given for making an application.
(3)If an application under subregulation (1)(a) is received after 4 p.m. on the 4th day before the election day, the application is to be rejected.
(4)If an application under subregulation (1)(b) is received after 4 p.m. on the 4th day before election day for a voting in person election, the application is to be treated as relating to future elections.
(5)An application made on or after the 43rd day, and not later than 4 p.m. on the 4th day, before election day for a voting in person election is to be given to the RO.
(6)In any other case an application is to be given to the CEO.
[Regulation 37 amended: SL 2023/102 r. 36.]
38.How applications dealt with
(1)If on receiving an application under regulation 37(1), the CEO or RO is satisfied —
(a)that the person is an elector of the electorate in respect of which the application is made; and
(b)that the application has been completed correctly or in a manner that, in the opinion of the CEO or RO, is substantially correct; and
(c)in the case of an application under regulation 37(1)(a), that a declaration envelope relating to the election has not already been accepted from the elector under regulation 58 and that the person has not already cast an early vote at the election,
the CEO or RO is to accept the application.
(2)If not so satisfied the CEO or RO is to reject the application.
If an application is rejected under regulation 37(3) or 38(2) the CEO or RO is to give the person who made the application written notice of the rejection and the reason for it.
(1)A register (the postal voters register) is to be kept of electors whose applications under regulation 37(1)(b) are accepted under regulation 38(1).
(2)The postal voters register is to contain the enrolment details of each elector included on it and any ward in respect of which the elector is registered.
(3)In subregulation (2) —
enrolment details means the details required to be contained in an electoral roll in respect of the elector under regulation 20(1) and (2) or under regulation 20(3) and (4), as the case may require.
(4)An elector remains on the postal voters register until he or she —
(a)cancels his or her application to be given postal voting papers by written notice given to the CEO or RO; or
(b)ceases to be an elector of the district.
Division 2 — Issue of postal voting papers — s. 4.71(1)(c)
(1)In the case of a postal election the RO is to send an election package to all electors on the electoral roll.
(2)Subject to regulations 45 and 46 voting papers for a postal election are not to be issued otherwise than under this regulation.
(1)In the case of a voting in person election the RO is to send an election package to —
(a)each elector whose application under regulation 37(1)(a) relating to the election has been accepted under regulation 38(1); and
(b)each elector on the postal voters register.
(2)If the election is a councillor election for a ward, subregulation (1)(b) only applies to electors registered in respect of that ward.
43.Contents of election package
(1)An election package is to contain —
(a)postal voting instructions (Form 13(a) or (b)); and
(b)the profiles of candidates required by section 4.49(b) reproduced in such form as the RO determines; and
(ba)information to the effect that the electoral gift register is available for inspection, by any voter prior to the election, at the relevant local government offices; and
(c)a ballot paper (Form 10); and
(d)a ballot paper envelope; and
(e)an elector’s certificate (Form 14); and
(f)a postage pre‑paid envelope addressed to the RO.
(1a)A reference in —
(a)regulation 50 to a postage pre‑paid envelope; or
(b)regulation 52 or 52A to a ballot paper envelope,
includes a reference to an envelope that combines a ballot paper envelope referred to in subregulation (1)(d) with a postage pre‑paid envelope referred to in subregulation (1)(f).
(2)Before a ballot paper is included in an election package an electoral officer is to initial the back of it or make sure that it is authenticated in some other way approved by the RO.
[Regulation 43 amended: Gazette 20 Nov 1998 p. 6277; 22 Dec 1998 p. 6869; 21 Jan 2005 p. 266; SL 2020/213 r. 29.]
44.Time and record of issue of election packages
(1)In the case of a postal election the issuing of election packages is to start as soon as practicable after the close of nominations on a day determined by the RO.
(2)In the case of a voting in person election the issuing of election packages is to start on the day on which the election notice is given or as soon as practicable after that day.
(3)If an application under regulation 37(1) that relates to the election is accepted under regulation 38(1) after election packages have started to be issued, an election package is to be sent to the elector concerned as soon as the application is accepted.
(4)The RO is to keep a record of electors to whom election packages have been sent.
45.How to apply for postal voting papers to replace missing or spoilt papers
(1)A person whose name is included on the electoral roll and who claims not to have received an election package that he or she should have received may apply (Form 15) to be given postal voting papers.
(2)A person who claims —
(a)that the election package that he or she received did not contain a voting paper; or
(b)that a voting paper contained in the election package that he or she received has been lost, destroyed or spoilt,
may apply (Form 15) to be given a new voting paper of that kind.
(3)An application under subregulation (2) may be —
(a)given to the RO within the period starting on the day after the issuing of election packages starts under regulation 44 and ending on the day before election day; or
(b)made, in person, to an electoral officer at a polling place —
(i)during normal office hours within the period mentioned in paragraph (a); or
(ii)when the polling place is open on election day.
(4)If the electoral officer is satisfied —
(a)that the claim made in the application is true; and
(b)that the person has not voted at the election,
the electoral officer is to give the person an election package or a voting paper, as the case may require, and make a record of doing so.
(5)Before giving the person a ballot paper the electoral officer is to initial the back of it or make sure that it is authenticated in some other way approved by the RO.
(6)If the voting paper that was missing from the election package or has been lost, destroyed or spoilt is the postal voting instructions, the profiles of candidates, or the postage pre‑paid envelope, an electoral officer can give the elector a new voting paper of that kind whether or not the elector has made an application under subregulation (2).
(7)In this regulation —
voting paper means a voting paper of a kind mentioned in regulation 43(1)(a), (b), (c), (d), (e) or (f) or, (other than in subregulation (6)), a combination of those kinds of voting papers as described in regulation 43(1a).
[Regulation 45 amended: Gazette 22 Dec 1998 p. 6869.]
46.How to apply for provisional postal voting papers
(1)A person who claims to be an elector whose name was omitted from the electoral roll in error may apply (Form 16) to be given postal voting papers.
(2)Regulation 45(3) applies to an application under this regulation.
(3)If the electoral officer is satisfied that the claim made in the application is true, the electoral officer is to give the person an election package and make a record of doing so on the application.
(4)In considering the person’s claim the electoral officer may have regard, in addition to the application, to —
(a)a previously compiled electoral roll of the local government; and
(b)an electoral roll or other document prepared under the Electoral Act 1907; and
(c)the owners and occupiers register; and
(d)advice sent by the CEO as to whether or not the person is an elector; and
(e)any other document or material that the electoral officer considers relevant.
(5)If the electoral officer rejects the application, the electoral officer is to make a record of doing so on the application and give the person written reasons for the rejection.
(1)Subject to subregulation (2), if a councillor election and a principal office election for a local government have the same election day and a person is, or claims to be, entitled to vote at both elections —
(a)one application may be made under regulation 45 or 46 in relation to both elections; and
(b)the election package sent or given to the person under regulation 41, 42, 45 or 46 is to contain a ballot paper for each election.
(2)If 2 or more councillor elections and a principal office election for a local government all have the same election day and a person is, or claims to be, entitled to vote at all of the elections —
(a)subregulation (1) applies to the person in relation to the principal office election and one of the councillor elections; and
(b)these regulations apply to the person in relation to the other councillor election or to each of them as if the principal office election were not being held.
Division 3 — How postal voting papers are to be completed, transmitted and dealt with — s. 4.71(1)(d)
48.Voting instructions to be followed
An elector who has received an election package, and who wishes to vote at an election to which voting papers in the package relate, is to complete and transmit those voting papers in accordance with the voting instructions in the package.
49.Candidates not to assist or interfere with electors
It is unlawful for a candidate, or a person expressly authorised to act on behalf of a candidate in connection with the election, to communicate with, assist or interfere with an elector while the elector is marking a ballot paper under regulation 48.
50.Duty to send or deliver voting papers
If an elector gives a person custody of a postage pre‑paid envelope addressed to the RO for the purpose of posting or delivering it to the RO, that person is to post or deliver it to the RO forthwith.
Penalty: $5 000.
51.Times and places for checking postal voting papers
(1)Postal voting papers received up to 6 p.m. on election day may be checked by the RO at any time after they are received.
(2)If postal voting papers are not checked as soon as they are received, they are to be placed in a ballot box to await checking.
(3)The RO is to make sure that the ballot box is supervised or otherwise secure at all times.
(4)If the RO checks postal voting papers before the close of the poll, the checking is to take place at times and places notified by written notice given to each candidate.
(5)As soon as practicable after the close of the poll, the RO, at such place or places as the RO may determine for the counting of votes, is to check all postal voting papers which have been received up to 6 p.m. on election day and which have not previously been checked.
52.Procedure for checking postal voting papers
(1)Postal voting papers are to be checked as follows —
(a)the RO is to open each postage pre‑paid envelope and remove the papers contained in it;
(b)the RO is to check that the elector’s certificate is completed in accordance with these regulations;
(c)if satisfied —
(i)that the elector’s certificate is completed correctly or in a manner that, in the RO’s opinion, is substantially correct; and
(ii)that a ballot paper envelope relating to the election has not already been accepted from the elector under this regulation; and
(iii)in the case of a voting in person election, that a declaration envelope relating to the election has not already been accepted from the elector under regulation 58 and that the elector has not already cast an early vote or voted in person, at the election,
the RO is to record the ballot paper envelope as having been accepted for further scrutiny;
(d)if the ballot paper envelope is accepted for further scrutiny, the RO without opening the ballot paper envelope, or allowing it to be opened, is to place the ballot paper envelope in a ballot box (having first detached the elector’s certificate if it was attached to the ballot paper envelope);
(e)if not satisfied as to the matters mentioned in paragraph (c), the RO is to make a record on the ballot paper envelope of its rejection without opening it or allowing it to be opened.
(2)The RO is to keep —
(a)the electors’ certificates; and
(b)the ballot paper envelopes rejected under subregulation (1)(e),
as part of the record of the election.
(3)If the postage pre‑paid envelope and the ballot paper envelope are combined, subregulation (1)(a) does not apply.
[Regulation 52 amended: Gazette 22 Dec 1998 p. 6870; 29 Jan 1999 p. 272.]
52A.Preparation of postal ballot papers for count
(1)Postal voting papers for a postal election that have been —
(a)received by the RO before 6 p.m. on election day; and
(b)checked in accordance with this Division; and
(c)accepted for further scrutiny in accordance with regulation 52,
may be prepared for counting by the RO.
(2)To prepare postal voting papers under subregulation (1), the RO may, before 6 p.m. on election day —
(a)remove the ballot paper envelopes from the ballot box in which they were placed under regulation 52(1)(d); and
(b)open each ballot paper envelope; and
(c)without —
(i)examining the ballot paper personally; or
(ii)allowing the examination of the ballot paper by any scrutineers present,
remove the ballot paper from the envelope and place the ballot paper into a sealed ballot box, which must remain sealed until 6 p.m. on election day.
[Regulation 52A inserted: Gazette 22 Dec 1998 p. 6870.]
Part 9 — Absent voting and early voting
Division 1 — Application — s. 4.67
53.Application of Part — voting in person elections only
This Part applies only to voting in person elections as neither absent votes nor early votes can be cast at a postal election.
Division 2 — Absent voting — s. 4.71(1)(e)
54.How to apply for absent voting papers
(1)A person who wishes to cast an absent vote at an election is to attend at the offices of the local government at which he or she wishes to vote and present himself or herself to an electoral officer of that local government.
(2)Attendance is to be during the period starting on the day of the election notice and ending at 4 p.m. on the 4th day before election day and is to be in office hours or at such other times as may be notified in the election notice.
(3)The person is to apply (Form 17) for absent voting papers by making a declaration printed on an envelope (the declaration envelope) before the electoral officer declaring that he or she is an elector with a right to vote at the election.
(4)No reason has to be given for making an application.
55.Issue of absent voting papers
(1)If the electoral officer is satisfied that the person is an elector with a right to vote at the election the officer is to give the person a ballot paper and a ballot paper envelope.
(2)Before giving the person a ballot paper the electoral officer is to initial the back of it or make sure that it is authenticated in some other way approved by the RO.
56.How to complete absent voting papers
(1)A person who obtains voting papers under this Division is to —
(a)find out the names of the candidates and the other relevant details of the election; and
(b)write the names of the candidates on the ballot paper; and
(c)mark the ballot paper in accordance with Part 7; and
(d)put the ballot paper into the ballot paper envelope, seal the envelope and hand it to the electoral officer.
(2)Regulation 67 as to assistance to electors applies to an elector casting an absent vote.
(3)An absent vote is not to be rejected by reason only of any one or more of the following —
(a)the names of the candidates not being listed in correct order on the ballot paper;
(b)the names of any one or more of the candidates not being listed on the ballot paper;
(c)any mistake in the spelling of the names of the candidates,
if the intention of the elector is clear.
[Regulation 56 amended: Gazette 3 Aug 2007 p. 3992; 28 Aug 2009 p. 3361.]
If 2 or more elections for a local government have the same election day a person —
(a)may make one application under regulation 54 in relation to both or all elections; and
(b)may put both or all ballot papers marked under regulation 56(1)(c) into the same ballot paper envelope.
58.How completed absent voting papers dealt with
(1)The electoral officer is to —
(a)put the ballot paper envelope received under regulation 56(1)(d) into the declaration envelope and seal the declaration envelope; and
(b)post the declaration envelope, or cause it to be delivered, to the RO of the local government for which the election is to be held so that it reaches that RO not later than 6 p.m. on election day.
(2)Regulation 51 applies to absent voting papers as if the references in that regulation to postal voting papers were references to absent voting papers.
(3)Absent voting papers are to be checked as follows —
(a)the RO is to check that the application on the declaration envelope is completed in accordance with these regulations;
(b)if the RO can identify the applicant as an elector entitled to vote at the election and the RO is satisfied —
(i)that the application is completed correctly or in a manner that, in the RO’s opinion, is substantially correct; and
(ii)that a ballot paper envelope or declaration envelope relating to the election has not already been accepted from the applicant under regulation 52 or this regulation; and
(iii)that the applicant has not already cast an early vote or voted in person at the election,
the RO is to record the declaration envelope as having been accepted;
(c)if the declaration envelope is accepted, the RO is to remove the ballot paper envelope from the declaration envelope and, without opening the ballot paper envelope or allowing it to be opened, place the ballot paper envelope in a ballot box;
(d)if the RO cannot identify the applicant as required by paragraph (b) or is not satisfied as to the matters mentioned in that paragraph, the RO is to make a record on the declaration envelope of its rejection.
(4)The RO is to keep the declaration envelopes from which ballot paper envelopes have been removed under subregulation (3)(c) and those that were rejected under subregulation (3)(d), as part of the record of the election.
Division 3 — Early voting — s. 4.71(1)(e)
(1)A person who wishes to cast an early vote at an election is to attend at a place appointed by the RO for the casting of early votes and present himself or herself to an electoral officer.
(2)Attendance is to be during the period starting on the day of the election notice and ending at 4 p.m. on the day before election day and is to be in office hours or at such other times as may be notified in the election notice.
(3)When the person presents himself or herself to the electoral officer to cast an early vote the provisions of Part 10 about voting in person on election day apply to that early vote.
(4)The RO is to make sure that any ballot box into which early votes are put is supervised or otherwise secure at all times.
This Part applies only to voting in person elections as votes cannot be cast in person at a postal election.
Division 2 — Obtaining ballot papers — s. 4.71(1)(f)
61.How to obtain ballot paper to vote in person on election day
(1)A person who wishes to vote in person at an election on election day is to attend at a polling place between 8 a.m. and 6 p.m. and present himself or herself to an electoral officer to obtain a ballot paper.
(2)The person is to —
(a)give his or her name to the electoral officer; and
(b)if requested by the electoral officer, provide any other information that will enable the electoral officer to be satisfied as to the matters mentioned in subregulation (3).
(3)If the electoral officer is satisfied —
(a)that the name given is the person’s name and appears on the electoral roll; and
(b)that a ballot paper envelope relating to the election has not already been accepted from the person under regulation 52; and
(c)that a declaration envelope relating to the election has not already been accepted from the person under regulation 58; and
(d)that the person has not already cast an early vote or voted in person at the election,
the electoral officer is to give the person a ballot paper and make a record of doing so.
(4)If the electoral officer is not satisfied as to the matters mentioned in subregulation (3) the electoral officer is not to give the person a ballot paper except under regulation 62.
62.How to obtain provisional ballot paper
(1)A person who presents himself or herself to an electoral officer under regulation 61 and claims —
(a)to be an elector whose name was omitted from the electoral roll in error; or
(b)that it has incorrectly been recorded —
(i)that a postal vote envelope or declaration envelope relating to the election has been accepted from him or her under regulation 52 or 58; or
(ii)that he or she has cast an early vote or voted in person at the election,
may apply (Form 16) to the electoral officer to be given a ballot paper.
(2)If the electoral officer is satisfied that the claim made in the application is true, the electoral officer is to give the person a ballot paper and a ballot paper envelope and make a record of doing so on the application.
(3)In considering the person’s claim (if it is made under subregulation (1)(a)) the electoral officer may have regard, in addition to the application, to —
(a)a previously compiled electoral roll of the local government; and
(b)an electoral roll or other document prepared under the Electoral Act 1907 or under the Commonwealth Electoral Act 1918; and
(c)the owners and occupiers register; and
(d)advice sent by the CEO as to whether or not the person is an elector; and
(e)any other document or material that the electoral officer considers relevant.
(4)If the electoral officer rejects the application, the electoral officer is to make a record of doing so on the application.
[Regulation 62 amended: Gazette 22 Dec 1998 p. 6870.]
(1)If an electoral officer is satisfied that a ballot paper given to a person under this Part has been spoilt by accident or mistake, the electoral officer is to —
(a)give the person a replacement ballot paper; and
(b)endorse “spoilt” on the spoilt ballot paper; and
(c)retain the spoilt paper in an envelope marked “spoilt ballot paper” and provide the envelope to the RO at the close of the poll.
(2)The RO is to keep the spoilt ballot papers in the envelopes as part of the record of the election.
64.Ballot papers to be authentic
Before giving a person a ballot paper under this Part the electoral officer is to initial the back of it or make sure that it is authenticated in some other way approved by the RO.
Division 3 — Voting arrangements — s. 4.71(1)(g) and (i)
65.Arrangements for secret voting
(1)The RO is to make sure that an elector can mark his or her ballot paper so that the manner in which it is marked cannot be seen by anyone else.
(2)This can be done by causing separate voting compartments to be provided or in such other manner as the RO thinks fit.
66.Marking and dealing with ballot paper
(1)Subject to regulation 67, a person who receives a ballot paper under this Part is to —
(a)retire alone to a compartment or other place provided under regulation 65; and
(b)mark the ballot paper, in accordance with Part 7, so that it cannot be seen by anyone else.
(2)If the person received the ballot paper under regulation 61 (or as a replacement for a ballot paper so received) the person is to put the marked ballot paper into a ballot box.
(3)If the person received the ballot paper under regulation 62 (or as a replacement for a ballot paper so received) the person is to put the marked ballot paper into the ballot paper envelope and seal the envelope and give it to an electoral officer.
(4)On receiving a ballot paper envelope under subregulation (3) an electoral officer is to —
(a)put the ballot paper envelope into an envelope marked “provisional voting papers”; and
(b)put the application which the person concerned made under regulation 62(1) into the provisional voting papers envelope; and
(c)seal the provisional voting papers envelope and put it into a ballot box.
(5)Subregulation (4)(b) does not apply if the application was made on the provisional voting papers envelope.
(6)The RO or presiding officer is to make sure that the ballot box is supervised or otherwise secure at all times.
67.Assistance to be given to electors who cannot otherwise vote
(1)If a person who receives a ballot paper under this Part (the elector) cannot vote without assistance because of impairment of sight or any other impairment or condition affecting the person’s ability to read or to write, the elector or someone acting on the elector’s behalf may request the presiding officer to —
(a)arrange for an electoral officer to mark on the ballot paper the vote that the elector wishes to cast; or
(b)allow another person to mark on the ballot paper the vote that the elector wishes to cast.
(2)If a request is made under subregulation (1)(a) the presiding officer, or another electoral officer authorised for that purpose by the presiding officer, is to mark the ballot paper, in accordance with Part 7, to record the vote that the elector wishes to cast.
(3)If a request is made under subregulation (1)(b), the presiding officer is to allow the elector to retire with another person and have that person mark the ballot paper, in accordance with Part 7, to record the vote that the elector wishes to cast.
(4)The person with whom the elector retires is not to be a candidate or a person expressly authorised to act on behalf of a candidate in connection with the election.
(5)The marking of a ballot paper under subregulation (2) or (3) is to be carried out in a compartment or other place provided under regulation 65 unless the elector is not capable of entering the polling place in which case it can be carried out in a place that is in close proximity to the polling place and is approved by the presiding officer for the purpose.
(6)If the elector so requests, the electoral officer or other person who has marked the ballot paper is to deal with the ballot paper as required by regulation 66(2) or (3), whichever is applicable.
68.Checking provisional voting papers
(1)As soon as practicable after the close of the poll the RO, at such place or places as the RO may determine for the counting of votes, is to produce the unopened provisional voting papers envelopes referred to in regulation 66(4).
(2)If the application under regulation 62(1) was made on the provisional voting papers envelope, the provisional voting papers are to be checked as follows —
(a)the RO is to check the application to make sure that the claim made in it was true;
(b)if satisfied that the person concerned was entitled to be given a ballot paper under regulation 62, the RO is to make a record on the application of its acceptance by the RO;
(c)if the RO accepts the application, the RO is to open the provisional voting papers envelope, remove the ballot paper envelope and, without opening the ballot paper envelope or allowing it to be opened, place the ballot paper envelope in a ballot box;
(d)if not satisfied that the person concerned was entitled to be given a ballot paper under regulation 62, the RO is to make a record on the application of its rejection by the RO without opening the provisional voting papers envelope or allowing it to be opened.
(3)The RO is to keep the provisional voting papers envelopes referred to in subregulation (2)(c) or (d) as part of the record of the election.
(4)If the application under regulation 62(1) was not made on the provisional voting papers envelope, the provisional voting papers are to be checked as follows —
(a)the RO is to open the provisional voting papers envelope and check the application to make sure that the claim made in the application was true;
(b)if satisfied that the person concerned was entitled to be given a ballot paper under regulation 62, the RO is to make a record on the application of its acceptance by the RO;
(c)if the RO accepts the application, the RO, without opening the ballot paper envelope or allowing it to be opened, is to place the ballot paper envelope in a ballot box (having first detached the application if it was attached to the ballot paper envelope);
(d)if not satisfied that the person concerned was entitled to be given a ballot paper under regulation 62, the RO is to make a record on the application of its rejection by the RO without opening the ballot paper envelope or allowing it to be opened.
(5)The RO is to keep the applications referred to in subregulation (4)(b) and (d), and the ballot paper envelopes referred to in subregulation (4)(d), as part of the record of the election.
(6)In checking an application under subregulation (2) or (4) the RO may have regard, in addition to the application, to the matters set out in regulation 62(3)(a) to (e).
69.Appointment of scrutineers and declarations by them — s. 4.71(1)(j)
(1)A candidate in an election may, by written notice given to the RO or a presiding officer in duplicate (Form 18), appoint one or more scrutineers to attend during the election at any polling place specified in the notice.
(2)A person who has not reached the age of 18 years is not to act as a scrutineer.
(3)A candidate in an election is not to act as a scrutineer at any stage in that election process, and during the election a candidate may only enter or remain at or in a polling place for the election for the purpose of casting his or her own vote or delivering his or her own voting papers.
(4)A person to be appointed as a scrutineer is to make a declaration on the duplicate notice of appointment described in subregulation (1) before —
(a)a justice; or
(b)a person who has authority under the Oaths, Affidavits and Statutory Declarations Act 2005 to take statutory declarations; or
(c)the RO, a deputy returning officer or a presiding officer.
(5)On receipt of a completed notice and duplicate notice (Form 18) the RO or presiding officer is to endorse an acknowledgement of the appointment of a scrutineer on the duplicate notice and give it back to the candidate who is to give it to the person appointed.
[Regulation 69 amended: Gazette 22 Dec 1998 p. 6871; 3 Aug 2007 p. 4006.]
70.Verification of appointment — s. 4.71(1)(j)
(1)When a scrutineer has arrived at a polling place the presiding officer may request the scrutineer to produce for inspection the duplicate notice of appointment given to him or her under regulation 69(5).
(2)A scrutineer is to comply with a request under subregulation (1).
(3)A scrutineer must wear a badge or other article that identifies him or her as a scrutineer at all times while acting as a scrutineer.
[Regulation 70 amended: Gazette 22 Dec 1998 p. 6871.]
71.Rights of scrutineers — s. 4.71(1)(j)
The rights of a scrutineer in relation to an election are as follows —
(a)to enter and be in any polling place specified in his or her notice of appointment at any time before the close of the poll;
(b)while in the polling place, to observe the conduct of the election and ascertain whether the Act and these regulations are being complied with;
(c)to leave the polling place at any time;
(d)to observe the checking of absent and postal voting papers;
(da)to be present at the preparation of postal voting papers for counting under regulation 52A, but only at a sufficient distance from the preparation process that the markings on the ballot papers cannot be ascertained by the scrutineers;
(e)to be present after the close of the poll when ballot boxes are opened and during the counting of the votes so as to observe all proceedings at the count.
[Regulation 71 amended: Gazette 22 Dec 1998 p. 6871; 3 Aug 2007 p. 3992; 28 Aug 2009 p. 3361.]
72.Restrictions on scrutineers — s. 4.71(1)(j)
A scrutineer —
(a)is not to be in any polling place specified in his or her notice of appointment if another scrutineer appointed by the same candidate is also there except where one of them is only there to cast or deliver his or her vote; and
(b)is not to take any part in the conduct of the election; and
(c)is to comply with the restrictions imposed by section 4.89 as to conduct in or near polling places; and
(ca)is not to record —
(i)the name of a person who presents himself or herself to an electoral officer at the polling place to obtain a ballot paper; or
(ii)any other information provided by that person under regulation 61(2)(b);
and
(d)is to comply with reasonable requests made by an electoral officer; and
(e)in exercising the rights given by regulation 71(d), (da) and (e), is to comply with directions given by the RO.
[Regulation 72 amended: Gazette 22 Dec 1998 p. 6871; 25 Jan 2001 p. 588.]
Part 12 — Delay or interruption of election
73.Adjournment or postponement of poll — s. 4.71(1)(k)
(1)If, before proceedings have begun on election day, the RO decides that the poll will not be able to proceed freely, safely and without interruption on election day, the RO may, by local public notice, postpone the poll until the corresponding day of the next week or as soon as is practicable thereafter.
(2)If, after proceedings have begun on election day or a day fixed under this regulation (polling day), the RO decides that the poll cannot proceed freely, safely and without interruption, the RO may, subject to subregulation (3), adjourn the poll to the next day.
(3)If the RO does not think that the poll can be completed on the next day the RO may, by local public notice, adjourn the poll until the day corresponding to polling day in the next week or as soon as is practicable thereafter.
(4)The notice under subregulation (1) or (3) must be published on the local government’s official website for a period of not less than 3 days.
(5)If the notice under subregulation (1) or (3) is given in a way prescribed in the Local Government (Administration) Regulations 1996 regulation 3A(2)(d), (f) or (g), the period specified in relation to the notice is not less than 3 days.
(6)If a poll is adjourned the RO is to determine the hours for which the poll is to be resumed having regard to the point at which the poll was adjourned.
[Regulation 73 amended: Gazette 22 Dec 1998 p. 6872; SL 2020/213 r. 30.]
74.Notice of postponement or adjournment — s. 4.71(1)(k)
(1)If the poll is adjourned to the next day, the RO is to make sure that notice of the adjournment and the resumption time is given —
(a)by notice affixed to the entry to each polling place; and
(b)orally or in writing to electoral officers, candidates and scrutineers.
(2)If the poll is postponed or adjourned for a week or more, the RO is to make sure that notice of the postponement or adjournment is given —
(a)by notice affixed to the entry to each polling place; and
(b)in writing to electoral officers, candidates and scrutineers.
75.Security of papers during adjournment — s. 4.71(1)(k)
On an adjournment of a poll, the RO or the presiding officer, in the presence of the scrutineers and other electoral officers then present, is to —
(a)secure each ballot box and so seal the cover over the opening that on the cover being opened the seal will break; and
(b)cause the unused ballot papers and the electoral rolls in use at the poll to be placed in parcels and cause each parcel to be sealed; and
(c)retain those ballot boxes, ballot papers and rolls for safe keeping and keep them safely sealed and unopened until, in the presence of the scrutineers, if any, and any other electoral officers present, the seals are broken and the ballot boxes are opened at the resumption of the adjourned poll.
Part 12A — Electronic counting of votes
[Heading inserted: Gazette 3 Aug 2007 p. 3992.]
[75A.Deleted: Gazette 28 Aug 2009 p. 3361.]
75B.Use of electronic counting system
For the purposes of Schedule 4.1 to the Act the RO may use an electronic counting system in counting votes.
[Regulation 75B inserted: Gazette 28 Aug 2009 p. 3361; amended: SL 2023/102 r. 37.]
75C.Electronic counting places
(1)This regulation applies in relation to an election if an electronic counting system is to be used for the election.
(1A)In this regulation —
electronic counting place means any place at which the electronic counting system is accessible for data input and output for the purposes of the election.
(1B)An electronic counting place must be in the State.
(2)If the RO believes that the counting of votes would be unduly delayed by the need to deliver a ballot box after the close of poll to an electronic counting place, the RO may do the things set out in subregulation (3) or (4).
(3)The RO may —
(a)before the election notice is given under section 4.64, appoint a place other than an electronic counting place to be a place where —
(i)the ballot box is to be opened; and
(ii)the votes indicated on ballot papers are to be recorded electronically;
and
(b)permit the transmission, by data file or any other electronic means, of the data so recorded to an electronic counting place for use as data by the electronic counting system.
(4)The RO may —
(a)before the election notice is given under section 4.64, appoint a place other than an electronic counting place to be a place where the ballot box is to be opened; and
(b)permit the transmission, by fax or any other electronic means, of an image of a ballot paper to an electronic counting place for use in the electronic counting system.
[Regulation 75C inserted: Gazette 3 Aug 2007 p. 3993; amended: Gazette 28 Aug 2009 p. 3361‑2; SL 2023/102 r. 38.]
Part 12B — Acceptance of ballot papers
[Heading inserted: SL 2023/102 r. 39.]
75D.Circumstances in which RO must accept ballot paper in election with more than 2 candidates — s. 4.75
(1)This regulation applies for the purposes of section 4.75(3)(a) if the election has more than 2 candidates.
(2)Subregulation (3) applies if —
(a)in accordance with section 4.69(2), a ballot paper indicates the candidate for whom the elector votes as the elector’s first preference; and
(b)in casting preference votes under section 4.69(3), the elector has done either or both of the following —
(i)repeated 1 or more numerals;
(ii)missed 1 or more numerals;
and
(c)the RO has no reason for rejecting the ballot paper other than that referred to in paragraph (b).
(3)The RO must —
(a)accept the ballot paper; and
(b)when counting the votes —
(i)if there are 1 or more repeated numerals — disregard those numerals and any other numeral that is higher than a repeated numeral; and
(ii)if there are 1 or more missing numerals — disregard any numeral that is higher than a missing numeral.
[Regulation 75D inserted: SL 2023/102 r. 39.]
[Heading inserted: SL 2023/102 r. 39.]
[Heading inserted: SL 2023/102 r. 39.]
(1)For the purposes of this Part, the steps for drawing lots are the 4 steps set out in subregulations (2) to (5).
(2)First, as soon as possible after the occurrence of the circumstance under which the RO is required to draw lots, the RO must make out, in respect of each relevant candidate, a slip bearing the relevant candidate’s name.
Note for this subregulation:
For the meaning of relevant candidate — see regulation 75G(2), 75H(2), 75I(2), 75J(2), 75K(2), 75L(2), 75M(2), 75N(2), 75O(2), 75P(2), 75Q(2), 75R(2), 75S(2) or 75T(2) (as the case requires).
(3)Second, the RO must —
(a)place each of the slips in separate hollow opaque spheres of exact similarity; and
(b)securely close the spheres; and
(c)deposit the spheres in an empty container.
(4)Third, the RO must —
(a)securely fasten the container; and
(b)shake and rotate the container; and
(c)permit anyone else present to shake and rotate the container if they so wish.
(5)Fourth, the RO must —
(a)open the container; and
(b)take out and open 1 of the spheres to obtain the slip enclosed in it.
(6)The RO must carry out each of the 4 steps in front of all the people present.
[Regulation 75E inserted: SL 2023/102 r. 39.]
In this Part, references to Schedules are to Schedules of the Act.
[Regulation 75F inserted: SL 2023/102 r. 39.]
Division 2 — Provisions for Schedule 4.1A
[Heading inserted: SL 2023/102 r. 39.]
75G.Drawing lots under Sch. 4.1A cl. 5(3)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1A clause 5(3).
(2)For the purposes of regulation 75E(2), the relevant candidates are the candidates who had the same number of first‑preference votes.
(3)If there are only 2 relevant candidates and no other candidate had a higher number of first‑preference votes —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)the other relevant candidate is the third placed candidate.
(4)If there are 3 or more relevant candidates and no other candidate had a higher number of first‑preference votes —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)the RO must repeat the third and fourth steps (but without the slip referred to in paragraph (b)); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the third placed candidate.
(5)If there are 2 or more relevant candidates and 1 other candidate had a higher number of first‑preference votes —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the third placed candidate.
[Regulation 75G inserted: SL 2023/102 r. 39.]
75H.Drawing lots under Sch. 4.1A cl. 8(3)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1A clause 8(3).
(2)For the purposes of regulation 75E(2), the relevant candidates are the continuing candidates who had the same number of votes on the last count.
(3)If there are only 2 relevant candidates and no other continuing candidate had a higher number of votes on the last count —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)the other relevant candidate is the third placed candidate.
(4)If there are 3 or more relevant candidates and no other continuing candidate had a higher number of votes on the last count —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate; and
(c)the RO must repeat the third and fourth steps (but without the slip referred to in paragraph (b)); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the third placed candidate.
(5)If there are 2 or more relevant candidates and 1 other continuing candidate had a higher number of votes on the last count —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the third placed candidate.
[Regulation 75H inserted: SL 2023/102 r. 39.]
75I.Drawing lots under Sch. 4.1A cl. 11(4)(b)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1A clause 11(4)(b).
(2)For the purposes of regulation 75E(2), the relevant candidates are the unelected candidates referred to in Schedule 4.1A clause 11(3) who had the same number of votes when the last office to be filled at the election was filled.
(3)If there are only 2 relevant candidates and no other unelected candidate had a higher number of votes when the last office to be filled at the election was filled —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the first unelected candidate; and
(c)the other relevant candidate is the second unelected candidate.
(4)If there are 3 or more relevant candidates and no other unelected candidate had a higher number of votes when the last office to be filled at the election was filled —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the first unelected candidate; and
(c)the RO must repeat the third and fourth steps (but without the slip referred to in paragraph (b)); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the repeat of the fourth step is the second unelected candidate.
(5)If there are 2 or more relevant candidates and 1 other unelected candidate had a higher number of votes when the last office to be filled at the election was filled —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second unelected candidate.
[Regulation 75I inserted: SL 2023/102 r. 39.]
Division 3 — Provisions for Schedule 4.1B
[Heading inserted: SL 2023/102 r. 39.]
75J.Drawing lots under Sch. 4.1B cl. 3(3)(b)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1B clause 3(3)(b).
(2)For the purposes of regulation 75E(2), the relevant candidates are the candidates who received the same number of first‑preference votes.
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the candidate who finishes second in the concurrent election.
[Regulation 75J inserted: SL 2023/102 r. 39.]
75K.Drawing lots under Sch. 4.1B cl. 4(4)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1B clause 4(4).
(2)For the purposes of regulation 75E(2), the relevant candidates are the continuing candidates who had the same number of votes on the last count.
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the second placed candidate.
[Regulation 75K inserted: SL 2023/102 r. 39.]
75L.Drawing lots under Sch. 4.1B cl. 5(5)(b)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1B clause 5(5)(b).
(2)For the purposes of regulation 75E(2), the relevant candidates are the unelected candidates who have the same number of votes when the last office to be filled at the concurrent election is filled.
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is the first unelected candidate.
[Regulation 75L inserted: SL 2023/102 r. 39.]
Division 4 — Provisions for Schedule 4.1
[Heading inserted: SL 2023/102 r. 39.]
75M.Drawing lots under Sch. 4.1 cl. 2(2)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 2(2).
(2)For the purposes of regulation 75E(2), the relevant candidates are the 2 candidates in the election.
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is elected.
[Regulation 75M inserted: SL 2023/102 r. 39.]
75N.Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be excluded
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 5(6) to determine the candidate to be excluded.
(2)For the purposes of regulation 75E(2), the relevant candidates are the 2 or more candidates referred to in Schedule 4.1 clause 5(4)(a) or (b) (as the case requires).
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is excluded.
[Regulation 75N inserted: SL 2023/102 r. 39.]
75O.Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be elected
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 5(6) to determine the continuing candidate to be elected.
(2)For the purposes of regulation 75E(2), the relevant candidates are the 2 continuing candidates referred to in Schedule 4.1 clause 5(5).
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is elected.
[Regulation 75O inserted: SL 2023/102 r. 39.]
75P.Drawing lots under Sch. 4.1 cl. 13(3)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 13(3).
(2)For the purposes of regulation 75E(2), the relevant candidates are the 2 continuing candidates referred to in Schedule 4.1 clause 13(1).
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is elected.
[Regulation 75P inserted: SL 2023/102 r. 39.]
75Q.Drawing lots under Sch. 4.1 cl. 15(2)(b)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 15(2)(b).
(2)For the purposes of regulation 75E(2), the relevant candidates are the candidates with equal surpluses.
(3)If there are only 2 relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is taken to have had the larger surplus.
(4)If there are 3 or more relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is taken to have had the largest surplus; and
(c)the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip previously obtained by the RO on a repeat of the fourth step); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step is taken to have had the second largest surplus, and so on.
[Regulation 75Q inserted: SL 2023/102 r. 39.]
75R.Drawing lots under Sch. 4.1 cl. 16(3)
(1)This regulation applies if lots are required to be drawn under Schedule 4.1 clause 16(3).
(2)For the purposes of regulation 75E(2), the relevant candidates are the tied candidates.
(3)The RO must take the steps for drawing lots.
(4)The relevant candidate whose name appears on the slip obtained by the RO on the fourth step is excluded.
[Regulation 75R inserted: SL 2023/102 r. 39.]
Division 5 — Provisions for Schedule 4.2
[Heading inserted: SL 2023/102 r. 39.]
75S.Drawing lots under Sch. 4.2 cl. 6, 7, 7A(a)(ii) or (d)(ii) or 7B(b)
(1)This regulation applies if lots are required to be drawn under Schedule 4.2 clause 6, 7, 7A(a)(ii) or (d)(ii) or 7B(b).
(2)For the purposes of regulation 75E(2), the relevant candidates are as follows —
(a)if lots are required to be drawn under Schedule 4.2 clause 6 or 7 — the councillors who were elected unopposed;
(b)if lots are required to be drawn under Schedule 4.2 clause 7A(a)(ii) or (d)(ii) — the councillors who had the same number of first‑preference votes;
(c)if lots are required to be drawn under Schedule 4.2 clause 7B(b) by virtue of clause 7A(b)(ii) — the councillors who had the same number of votes on the completion of the transfer;
(d)if lots are required to be drawn under Schedule 4.2 clause 7B(b) by virtue of clause 7A(c)(ii) — the councillors who had the same number of votes when they were elected.
(3)If there are only 2 relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is regarded as having been elected first as between the relevant candidates.
(4)If there are 3 or more relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step is regarded as having been elected first as between the relevant candidates; and
(c)the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip previously obtained by the RO on a repeat of the fourth step); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step is regarded as having been elected second as between the relevant candidates, and so on.
[Regulation 75S inserted: SL 2023/102 r. 39.]
75T.Drawing lots under Sch. 4.2 cl. 8(b) or 9(a)
(1)This regulation applies if lots are required to be drawn under Schedule 4.2 clause 8(b) or 9(a).
(2)For the purposes of regulation 75E(2), the relevant candidates are as follows —
(a)if lots are required to be drawn under Schedule 4.2 clause 8(b) — the councillors who have an equality of the percentage of first‑preference votes cast;
(b)if lots are required to be drawn under Schedule 4.2 clause 9(a) — the councillors appointed on the same day.
(3)If there are only 2 relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step retires first as between the relevant candidates.
(4)If there are 3 or more relevant candidates —
(a)the RO must take the steps for drawing lots; and
(b)the relevant candidate whose name appears on the slip obtained by the RO on the fourth step retires first as between the relevant candidates; and
(c)the RO must repeat the third and fourth steps as many times as is necessary (but without the slip referred to in paragraph (b) or any other slip previously obtained by the RO on a repeat of the fourth step); and
(d)the relevant candidate whose name appears on the slip obtained by the RO on the first repeat of the fourth step retires second as between the relevant candidates, and so on.
[Regulation 75T inserted: SL 2023/102 r. 39.]
Part 13 — Other matters relating to the holding of an election
76.Provision, design and preparation of ballot
boxes — s. 4.71(1)(h)
(1)The RO is to provide such ballot boxes as are necessary for the election at the places at which ballot boxes are required under these regulations.
[(2)deleted]
(3)Each ballot box —
(a)must have an opening that is sufficient to take ballot papers or envelopes that are required to be put in it under these regulations; and
(b)must contain and conceal its contents.
(4)Before a ballot box is used to take ballot papers or envelopes the RO or a presiding officer is to satisfy himself or herself that it is empty and then secure it with a security device in a way that ensures that nothing can be removed from it without breaking the security device.
[Regulation 76 amended: Gazette 22 Dec 1998 p. 6872.]
77.Ballot boxes used on election day — s. 4.71(1)(h)
(1)Ballot boxes that are to be used on election day are to be displayed and secured under regulation 76(4) in the presence of any electoral officers and scrutineers then present.
(2)At the close of the poll at a polling place the presiding officer is to —
(a)secure each ballot box used at the polling place by sealing the box with a security device that will break on being opened; and
(b)deliver the ballot boxes as soon as possible to a place as directed by the RO.
[Regulation 77 amended: Gazette 22 Dec 1998 p. 6872; 3 Aug 2007 p. 3994.]
[77A.Deleted: SL 2023/102 r. 40.]
78.Exempt electoral material — s. 4.87
(1)Section 4.87(1) does not apply to car stickers, clothing, lapel badges, pens, pencils, balloons or similar promotional material.
(2)Section 4.87(1) does not apply to a profile of a candidate required by section 4.49(b), or a written statement that a candidate may provide under regulation 29A(1)(b), when the profile or statement is —
(a)being provided with the nomination paper for the candidate; or
(b)being published by the RO or the local government on the local government’s official website; or
(c)being printed (as defined in section 4.87(3)), supplied, distributed or displayed by the RO or the local government for a purpose related to the election.
[Regulation 78 amended: SL 2023/158 r. 28.]
79.Display of candidates’ profiles
(1)In the case of a voting in person election, the RO is to arrange for the prominent display at each polling place of copies of the profiles of candidates required by section 4.49(b) reproduced in such form as the RO determines.
(2)The profiles are to be displayed in the order in which the names of the candidates appear on the ballot paper for the election.
Part 14 — Declaring the election result and subsequent matters
80.Declaration and notice of result — s. 4.77
(1)This regulation applies for the purposes of section 4.77.
Note for this subregulation:
See also regulations 80AA and 80AB which apply for the purposes of section 4.77 in relation to declarations and notices required under Schedule 4.1A clause 19 of the Act and Schedule 4.1B clause 1(5) of the Act.
(2)The RO must publicly declare the result of the election.
(3)If the election is decided under section 4.55 or 4.57, the declaration must include the following —
(a)the name of each candidate and a statement that they are elected unopposed;
(b)the name of any person appointed by the council under section 4.57(3) and a statement that they are so appointed;
(c)the term of office for each person elected.
(4)If voting by electors took place, the declaration must include the information required under subregulation (5), (6) or (7) (as the case requires).
(5)If the result of the election was ascertained under Schedule 4.1 clause 2 or 4 of the Act, the information required for the purposes of subregulation (4) is as follows —
(a)the name of each candidate;
(b)the number of first‑preference votes that each candidate had;
(c)the name and term of office of the candidate elected.
(6)If the result of the election was ascertained under Schedule 4.1 clause 5 of the Act, the information required for the purposes of subregulation (4) is as follows —
(a)the name of each candidate;
(b)the number of first‑preference votes that each candidate had;
(c)for each candidate, whichever of the following is relevant —
(i)the number of votes that the candidate had on the last count under Schedule 4.1 clause 5(2)(d) of the Act;
(ii)that the candidate was excluded under Schedule 4.1 clause 5(2)(a) of the Act;
(d)the name and term of office of the candidate elected.
(7)If the result of the election was ascertained under Schedule 4.1 Division 3 of the Act, the information required for the purposes of subregulation (4) is as follows —
(a)the name of each candidate;
(b)the quota (as determined under Schedule 4.1 clause 8 of the Act);
(c)the number of first‑preference votes that each candidate had;
(d)the names of the candidates elected and the order in which they were elected;
(e)the term of office of each candidate elected.
(8)The RO must also give local public notice of the result of the election.
(9)The local public notice must be in the form of Form 19.
(9A)If applicable, a document approved by the RO detailing the distribution of preference votes must be published on the local government’s official website with, and for the same period as, the copy of the local public notice that is required to be published under section 5.96A(1)(i).
Note for this subregulation:
A copy of a local public notice given under subregulation (8) is prescribed for the purposes of section 5.96A(1)(i) by the Local Government (Administration) Regulations 1996 regulation 29C(2)(g).
[(10)deleted]
[Regulation 80 inserted: SL 2023/102 r. 41; amended: SL 2023/158 r. 15 and 29.]
80AA.Declaration and notice required under Sch. 4.1A cl. 19
(1)This regulation applies for the purposes of section 4.77 if a declaration and notice are required under Schedule 4.1A clause 19 of the Act.
(2)The RO must publicly declare any matter required to be declared under Schedule 4.1A clause 19 of the Act.
(3)The declaration must include the following —
(a)if Schedule 4.1A clause 19(1) of the Act applies —
(i)a statement that Schedule 4.1A clause 19(1) of the Act applies; and
(ii)the name of the second placed candidate; and
(iii)the name of the third placed candidate or a statement that there is no third placed candidate;
(b)if Schedule 4.1A clause 19(2) of the Act applies —
(i)a statement that Schedule 4.1A clause 19(2) of the Act applies; and
(ii)the name of the second placed candidate; and
(iii)the name of the third placed candidate or a statement that there is no third placed candidate;
(c)if Schedule 4.1A clause 19(3) of the Act applies —
(i)a statement that Schedule 4.1A clause 19(3) of the Act applies; and
(ii)the name of the first unelected candidate or a statement that there is no first unelected candidate; and
(iii)the name of the second unelected candidate or a statement that there is no second unelected candidate.
(4)The local public notice given by the RO under regulation 80(8) must include the matters relating to Schedule 4.1A clause 19 of the Act provided for in Form 19.
[(5), (6)deleted]
[Regulation 80AA inserted: SL 2023/102 r. 41; amended: SL 2023/158 r. 30.]
80AB.Declaration and notice required under Sch. 4.1B cl. 1(5)
(1)This regulation applies for the purposes of section 4.77 if a declaration and notice are required under Schedule 4.1B clause 1(5) of the Act.
(2)The RO must publicly declare any matter required to be declared under Schedule 4.1B clause 1(5) of the Act.
(3)The declaration must include the following —
(a)a statement that Schedule 4.1B clause 1(5) of the Act applies;
(b)details of the vacancy that is filled;
(c)the name and term of office of the candidate who is declared elected to fill the vacancy.
(4)The local public notice given by the RO under regulation 80(8) must include the matters relating to Schedule 4.1B clause 1(5) of the Act provided for in Form 19.
[(5), (6)deleted]
[Regulation 80AB inserted: SL 2023/102 r. 41; amended: SL 2023/158 r. 31.]
[80A.Deleted: SL 2023/102 r. 42.]
81.Report to Minister — s. 4.79
(1)The report relating to an election under section 4.79 (Form 20) is to be provided to the Minister within 14 days after the declaration of the result of the election.
(2)If relevant, the report must be accompanied by a document detailing the distribution of preference votes.
[Regulation 81 amended: SL 2023/102 r. 43.]
82.Keeping election papers — s. 4.84(a)
(1)As soon as practicable after the result of the election is declared the RO is to —
(a)collect the election papers and put them into one or more parcels; and
(b)secure each parcel; and
(c)endorse each parcel by signing and dating it.
(2)If the RO is not the CEO, the RO is to deliver the parcels to the CEO as soon as is practicable and the CEO is to give the RO a receipt for the parcels received.
(3)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.
(4)If, after the period mentioned in subregulation (3), the parcels are to be destroyed —
(a)the destruction is to be carried out by or under the supervision of the CEO in the presence of at least 2 employees; or
(b)the parcels are to be conveyed securely to a secure paper destruction company, or placed in a locked bin provided by such a company, by or under the supervision of the CEO in the presence of at least 2 employees.
(5)In subregulation (4) —
destroy, in relation to a parcel of ballot papers, means to deal with the parcel so that all of the information recorded or stored on the papers in the parcel are obliterated or rendered illegible or irrecoverable;
secure paper destruction company means a person or body that under contract or agreement with the local government is to destroy papers for the local government.
[Regulation 82 amended: Gazette 21 Dec 2012 p. 6643.]
83.Inspection of election papers — s. 4.84(b)
The CEO is to make the sealed parcels of election papers available for inspection —
(a)by a Court of Disputed Returns; or
(b)by the Departmental CEO or another authorised person for the purposes of an inquiry under Part 8, Division 1 of the Act; or
(c)by an Inquiry Panel for the purposes of an inquiry under Part 8, Division 2 of the Act; or
(d)by the RO for the purpose of preparing a report under section 4.79(3); or
(e)by the Electoral Commissioner or the RO for the purposes of investigating electoral misconduct; or
(f)in accordance with the order of any competent court.
[Regulation 83 amended: Gazette 3 Aug 2007 p. 3996.]
84.How invalidity complaints made — s. 4.81(2)
(1)An invalidity complaint relating to an election is to be made in writing.
(2)On receiving an invalidity complaint the magistrate constituting a Court of Disputed Returns may, by summons, require any of the following —
(a)the RO;
(b)any person who has been declared elected at the election;
(c)any other person whose attendance the magistrate considers to be appropriate,
to attend before the Court on a day and at a time set out in the summons.
(3)On the parties appearing or, if any of them does not appear, on it being shown that the summons was duly served on him or her, the Court may inquire into and adjudicate on the matter of the invalidity complaint and, for that purpose, may exercise any of the powers of the Magistrates Court in its civil jurisdiction.
[Regulation 84 amended: Gazette 3 Aug 2007 p. 3996.]
85.Declarations that Court can make — s. 4.81(2)
(1)In adjudicating on the invalidity complaint the Court can make any of the following declarations —
(a)a declaration that the election was invalid;
(b)a declaration that a person ought to have been elected in place of another person who has been declared elected by the RO;
(c)a declaration determining the term of office of a councillor to be a term that is longer or shorter than the term determined by the RO;
(ca)a declaration that a declaration under Schedule 4.1A clause 19 of the Act or Schedule 4.1B clause 1(5) of the Act should be changed;
(d)a declaration rejecting the invalidity complaint.
(2)If the investigation of the invalidity complaint leads to a situation that requires the drawing of lots as set out in Part 12C, the Court may order the RO —
(a)to draw lots in accordance with the applicable provisions of Part 12C; and
(b)to inform the Court of the result to enable the Court to make a determination under subregulation (1).
[Regulation 85 amended: Gazette 22 Dec 1998 p. 6872; SL 2023/102 r. 44.]
86.Notice and report of effect of Court’s decision — s. 4.81(2) and (4)
If the Court makes a declaration under regulation 85(1)(a), (b), (c) or (ca), the RO 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 86 inserted: Gazette 3 Aug 2007 p. 3996; amended: SL 2023/102 r. 45.]
86A.Publication of Court’s declaration under s. 4.81(5)(a) — s. 4.81(5)(b)(ii)
For the purposes of section 4.81(5)(b)(ii), the RO must give local public notice setting out the contents of the Court’s declaration under section 4.81(5)(a).
[Regulation 86A inserted: SL 2023/102 r. 46.]
87.Orders as to costs — s. 4.81(2)
(1)The Court can make any order as to costs that the magistrate thinks just but an order cannot be made for the payment of costs by a candidate other than the person who made the invalidity complaint unless it is proved to the Court that the candidate, or the candidate’s agent, has contravened Part 4 of the Act.
(2)An order for costs can be enforced as an order of a court of summary jurisdiction.
Part 15A — Provisions for Schedule 4.1A of Act
[Heading inserted: SL 2023/102 r. 47.]
Note for this Part:
See Part 12C Division 2 for provisions relating to the drawing of lots under Schedule 4.1A of the Act.
Division 1 — Provisions for Schedule 4.1A clause 2(4) of Act
[Heading inserted: SL 2023/102 r. 47.]
87A.Declaration and notice of election
(1)This regulation applies for the purposes of Schedule 4.1A clause 2(4) of the Act.
(2)The CEO must publicly declare that the vacancy has been filled by election under Schedule 4.1A of the Act.
(3)The declaration must include the following —
(a)the name of the former member and their office;
(b)the name and term of office of the person elected to fill the vacancy.
(4)The CEO must also give local public notice of the contents of the declaration.
[Regulation 87A inserted: SL 2023/102 r. 47.]
Division 2 — Provisions for Schedule 4.1A clause 18 of Act
[Heading inserted: SL 2023/102 r. 47.]
[Heading inserted: SL 2023/102 r. 47.]
(1)In this Division, references to clauses are to clauses of Schedule 4.1A of the Act.
(2)In this Division —
vacancy day has the meaning given in clause 1;
working day has the meaning given in clause 1.
(3)Clause 2(6) applies for the purposes of this Division.
[Regulation 87B inserted: SL 2023/102 r. 47.]
[Heading inserted: SL 2023/102 r. 47.]
87C.Notification from CEO to candidate
(1)This regulation applies to a notification that the CEO is required to give to a candidate under clause 4(1), 6(1), 7(2), 9(1), 10(2), 12(1) or 13(2).
(2)The notification must —
(a)be in writing; and
(b)include the following —
(i)the name of the local government;
(ii)the clause under which the notification is given;
(iii)the candidate’s name;
(iv)the CEO’s name;
(v)the address of the CEO’s office;
(vi)the CEO’s email address;
(vii)the former member’s name;
(viii)details of the vacant office;
(ix)the date on which the office became vacant or, in the case of a vacancy under section 2.32(b) where the resignation has not yet taken effect, the date on which the resignation will take effect;
(x)details of the period within which the candidate must notify the CEO that the candidate wants to fill the vacancy;
(xi)details of the requirements of regulation 87D(2);
(xii)details of how the candidate’s notification to the CEO may be given under regulation 87D(3).
(3)The notification may be given in any of the following ways —
(a)giving it personally to the candidate;
(b)sending it by prepaid post addressed to the candidate —
(i)in accordance with the Interpretation Act 1984 section 75(1); or
(ii)at another address that has been provided to the CEO by the candidate for the purpose of receiving a notification under Schedule 4.1A of the Act;
(c)emailing it to an email address that has been provided to the CEO by the candidate for the purpose of receiving a notification under Schedule 4.1A of the Act;
(d)in another way agreed between the CEO and the candidate.
(4)If the CEO is satisfied that it is not reasonably practicable to give the notification in accordance with subregulation (3), the CEO may give the notification by local public notice.
(5)For the purposes of the Local Government (Administration) Regulations 1996 regulation 3A(1)(a) and (2)(d)(i), (f)(i) and (g)(i), the period specified in relation to a local public notice given under subregulation (4) is 5 working days.
(6)If the notification is sent by prepaid post, the candidate is taken to be notified as follows —
(a)if the notification is sent to an address in the State — on the 2nd working day after the day on which the notification is posted;
(b)if the notification is sent to an address in another State or in a Territory — on the 4th working day after the day on which the notification is posted;
(c)otherwise — on the 8th working day after the day on which the notification is posted.
(7)If the notification is sent by email, the candidate is taken to be notified on the 1st working day after the day on which the email is sent.
(8)If the notification is given by local public notice, the candidate is taken to be notified on the 5th working day after the day on which the notice is first published on the local government’s official website.
(9)Subregulations (6) to (8) apply even if the candidate is not actually notified.
(10)Regulation 5 does not apply to the notification.
[Regulation 87C inserted: SL 2023/102 r. 47.]
87D.Notification from candidate to CEO
(1)This regulation applies to a notification that a candidate may give to the CEO under clause 4(2), 6(2), 7(3), 9(2), 10(3), 12(2) or 13(3).
(2)The notification must —
(a)be in writing; and
(b)be in the form of a statutory declaration made by the candidate that states —
(i)that the candidate wants to fill the vacancy; and
(ii)that the candidate considers that they are qualified to be elected to the council under section 2.19.
(3)The notification may be given in any of the following ways —
(a)giving it personally to the CEO;
(b)giving it personally to another employee of the local government at the address of the CEO’s office notified under regulation 87C(2)(b)(v);
(c)emailing it to the CEO’s email address notified under regulation 87C(2)(b)(vi);
(d)in another way agreed between the CEO and the candidate.
(4)If the notification is given to an employee under subregulation (3)(b), the CEO is taken to be notified on the day on which the notification is given to the employee.
(5)If the notification is emailed —
(a)the CEO is taken to be notified on the 1st working day after the day on which the email is sent; and
(b)the CEO must confirm receipt by a return email as soon as possible.
(6)Subregulations (4) and (5)(a) apply even if the CEO is not actually notified.
(7)Regulation 5 does not apply to the notification.
[Regulation 87D inserted: SL 2023/102 r. 47.]
87E.Copies of notifications to be provided to Minister
The CEO must provide a copy of the following to the Minister —
(a)any notification given by the CEO to which regulation 87C applies;
(b)any notification given to the CEO to which regulation 87D applies.
[Regulation 87E inserted: SL 2023/102 r. 47.]
Subdivision 3 — Extension of time periods
[Heading inserted: SL 2023/102 r. 47.]
87F.Extension to take account of delay in CEO becoming aware of vacancy
(1)This regulation applies to a period of 5 or 15 working days provided for in clause 4(1), 6(1), 7(2), 9(1), 10(2), 12(1) or 13(2) (including, if relevant, as modified under clause 15(2), 16(2) or 17(2)).
(2)If the CEO does not become aware of the vacancy until after the vacancy day, the period is extended so that it ends, as the case requires, on the 5th or 15th working day after the day on which the CEO becomes aware of the vacancy.
[Regulation 87F inserted: SL 2023/102 r. 47.]
87G.Extension to take account of method of notification used by CEO
(1)In this regulation —
relevant period —
(a)means a period of 5 or 15 working days provided for in clause 4(1), 6(1), 7(2), 9(1), 10(2), 12(1) or 13(2) (including, if relevant, as modified under clause 15(2), 16(2) or 17(2)); and
(b)includes such a period as extended under regulation 87F or 87I or both.
(2)Subregulation (3) applies if —
(a)the notification required to be given by the CEO within a relevant period is sent by prepaid post within the relevant period; and
(b)the working day on which the candidate is taken to be notified under regulation 87C(6) falls after the relevant period.
(3)The relevant period is extended so that it ends on the working day referred to in subregulation (2)(b).
(4)Subregulation (5) applies if —
(a)the notification required to be given by the CEO within a relevant period is sent by email within the relevant period; and
(b)the working day on which the candidate is taken to be notified under regulation 87C(7) falls after the relevant period.
(5)The relevant period is extended so that it ends on the working day referred to in subregulation (4)(b).
(6)Subregulation (7) applies if —
(a)the notification required to be given by the CEO within a relevant period is given by local public notice that is first published on the local government’s official website within the relevant period; and
(b)the working day on which the candidate is taken to be notified under regulation 87C(8) falls after the relevant period.
(7)The relevant period is extended so that it ends on the working day referred to in subregulation (6)(b).
[Regulation 87G inserted: SL 2023/102 r. 47.]
87H.Extension to take account of method of notification used by candidate
(1)In this regulation —
relevant period means a period of 5 working days provided for in clause 4(2), 6(2), 7(3), 9(2), 10(3), 12(2) or 13(3).
(2)Subregulation (3) applies if —
(a)the notification required to be given by the candidate within a relevant period is sent by email within the relevant period; and
(b)the working day on which the CEO is taken to be notified under regulation 87D(5)(a) falls after the relevant period.
(3)The relevant period is extended so that it ends on the working day referred to in subregulation (2)(b).
[Regulation 87H inserted: SL 2023/102 r. 47.]
(1)In this regulation —
relevant period —
(a)means a period of 15 working days provided for in clause 7(2), 10(2) or 13(2); and
(b)includes such a period as extended under regulation 87F or previously extended under this regulation or both.
(2)This regulation applies if, in consequence of an extension to a period under regulation 87G or 87H (the original extension), the CEO considers that a relevant period should be extended so as to allow the CEO further time in which to determine whether the requirement of clause 7(1), 10(1) or 13(1) (as the case requires) is met.
(3)The CEO may, with the agreement of the Electoral Commissioner, extend the relevant period, having regard to the number of working days of the original extension.
(4)The CEO may extend the relevant period even if it has already expired.
[Regulation 87I inserted: SL 2023/102 r. 47.]
Part 16 — Polls and referendums
88.Election procedures apply to polls and referendums not required under Act — s. 4.99(3) and (4)
Subject to regulation 89, to the extent to which the provisions of Part 4 of the Act are capable of being applied with or without adaptation in respect of polls and referendums referred to in section 4.99(3), those provisions apply with or without adaptation in respect of those polls and referendums.
89.Election procedures need not be applied in certain cases — s. 4.99(2) to (4)
(1)A local government can conduct a poll or referendum in such manner as it considers appropriate if —
(a)the poll or referendum is not held in conjunction with an election; and
(b)voting at the poll or referendum is not confined to electors.
(2)Where a poll is required by the Minister under Schedule 2.1, clause 7 or 8 of the Act, the Minister may, by notice in writing to the relevant local government or local governments, fix the day on which the poll is to be held.
(3)Where the Electoral Commissioner is to be responsible for the conduct of a poll, other than an electoral poll, the local governments involved in that poll may, with the agreement of the Electoral Commissioner, abridge the time periods set out in sections 4.20(5) and (6), 4.39(1) and (2), 4.40(1) and (2), 4.41(1), and 4.61(3) and (5), to take account of periods in Part 4 of the Act that only apply to electoral polling.
[Regulation 89 amended: Gazette 22 Dec 1998 p. 6872‑3; 18 Mar 2005 p. 976.]
90.Electoral Commissioner may assist
The Electoral Commissioner may, on behalf of a local government, conduct —
(a)polls and referendums referred to in section 4.99(3); or
(b)other kinds of surveys,
on such terms and conditions as the Electoral Commissioner and the local government may agree.
91.Expenses of Electoral Commissioner — s. 2.12A(2)(c)
The expenses of the Electoral Commissioner in connection with a poll conducted under section 2.12A are to be met by the local government to the extent agreed between the Electoral Commissioner and the local government.
[Regulation 91 inserted: Gazette 21 Jan 2005 p. 266.]
92.Declaration and notice of results of poll under s. 2.12A
(1)The RO is to publicly declare the result of a poll under section 2.12A.
(2)The declaration is to include —
(a)the question that was voted on; and
(b)the answer to that question as determined by the results of the poll.
(3)The RO is also to give local public notice of the result of the poll (Form 23).
[Regulation 92 inserted: Gazette 21 Jan 2005 p. 266.]
Part 16A — Transitional provisions for Local Government Amendment Act 2023, Local Government Regulations Amendment Regulations (No. 2) 2023 and Local Government Regulations Amendment Regulations (No. 3) 2023
[Heading inserted: SL 2023/158 r. 32.]
In this Part —
2023 amendment Act means the Local Government Amendment Act 2023;
2023 amendment regulations (No. 2) means the Local Government Regulations Amendment Regulations (No. 2) 2023;
2023 amendment regulations (No. 3) means the Local Government Regulations Amendment Regulations (No. 3) 2023.
[Regulation 92A inserted: SL 2023/102 r. 48; amended: SL 2023/158 r. 33.]
92B.Pre‑21 October 2023 elections
(1)In this regulation —
election has the meaning given in section 4.1;
election day has the meaning given in section 4.1;
pre‑21 October election means an election for which election day is before 21 October 2023.
(2)For the purposes of Schedule 9.3 clause 62(2) of the Act, the amendments made by sections 31(3), 33 to 39, 40(1) and (2), 42 to 54 and 92 to 98 of the 2023 amendment Act do not apply in relation to a pre‑21 October 2023 election and, accordingly, the Act applies in relation to the pre‑21 October 2023 election as if those amendments had not been made.
(3)For the purposes of Schedule 9.3 clause 62(2) of the Act, the amendment made by section 31(2) of the 2023 amendment Act does not apply in relation to an enrolment eligibility claim made before the day on which section 31(2) of the 2023 amendment Act comes into operation and, if relevant, section 4.33(2B) continues to apply in relation to the enrolment eligibility claim as if that amendment had not been made.
(4)For the purposes of Schedule 4.1A clauses 4(4)(b), 6(4)(b), 7(5)(b), 9(4)(b), 10(5)(b), 12(4)(b) and 13(5)(b) of the Act, the vacancy cannot be filled if the election at which the former member was elected is a pre‑21 October 2023 election and, accordingly, no declaration or notice is required to be given under Schedule 4.1A clause 19 of the Act in relation to a pre‑21 October 2023 election.
(5)For the purposes of Schedule 4.1B clause 1(4) of the Act, the vacancy cannot be filled if the concurrent election is a pre‑21 October 2023 election.
(6)The amendments made by regulations 24 to 46 and 49 to 58 of the 2023 amendment regulations (No. 2) do not apply in relation to a pre‑21 October 2023 election and, accordingly, these regulations apply in relation to the pre‑21 October 2023 election as if those amendments had not been made.
[Regulation 92B inserted: SL 2023/102 r. 48; amended: SL 2023/158 r. 34.]
92C.Pre‑21 October 2023 Schedule 2.3 elections
(1)For the purposes of Schedule 9.3 clause 62(2) of the Act, no amendment referred to in regulation 92B(2) applies in relation to an election under Schedule 2.3 of the Act which is conducted at a meeting held before 21 October 2023 and, accordingly, the Act applies in relation to the election as if none of those amendments had been made.
(2)No amendment referred to in regulation 92B(6) applies in relation to an election under Schedule 2.3 of the Act which is conducted at a meeting held before 21 October 2023 and, accordingly, these regulations apply in relation to the election as if none of those amendments had been made.
[Regulation 92C inserted: SL 2023/102 r. 48.]
92D.Pre‑existing councillor vacancies
(1)In this regulation —
amendment day means the day on which section 28(2) of the 2023 amendment Act comes into operation;
pre‑existing vacancy means a vacancy in the office of a councillor —
(a)which, before amendment day, the council, with the approval of the Electoral Commissioner, allowed to remain unfilled under section 4.17(3); and
(b)which, immediately before amendment day, remains unfilled.
(2)For the purposes of Schedule 9.3 clause 62(2) of the Act, section 4.17(3) to (4), as in force immediately before amendment day, continue to apply to a pre‑existing vacancy as if section 28(2) of the 2023 amendment Act had not come into operation.
[Regulation 92D inserted: SL 2023/102 r. 48.]
92E.Non‑resident owners and occupiers
(1)For the purposes of Schedule 9.3 clause 62(2) of the Act, sections 2.19(2A), 4.49(bb) and 4.51(1)(bb) do not apply to an occupier, as defined in section 2.19(2B), if the occupier’s eligibility claim referred to in section 4.30(1)(c) was made before 1 January 2024.
(2)For the purposes of Schedule 9.3 clause 62(2) of the Act, section 4.31(1CA) does not affect a person’s eligibility to be enrolled under section 4.30(1) if the person’s eligibility claim referred to in section 4.30(1)(c) was made before 1 January 2024.
Note for this subregulation:
In consequence of this subregulation, the requirements prescribed by regulation 10A(2), which are prescribed for the purposes of section 4.31(1CA), do not affect a person’s eligibility to be enrolled under section 4.30(1) if the person’s eligibility claim referred to in section 4.30(1)(c) was made before 1 January 2024.
(3)For the purposes of Schedule 9.3 clause 62(2) of the Act, section 4.31(1CA) is to be disregarded for the purpose of deciding any enrolment eligibility claim that was made before 1 January 2024.
Note for this subregulation:
In consequence of this subregulation, the requirements prescribed by regulation 10A(2), which are prescribed for the purposes of section 4.31(1CA), are to be disregarded for the purpose of deciding any enrolment eligibility claim that was made before 1 January 2024.
(4)Regulations 11 to 11B, as inserted by regulation 20 of the 2023 amendment regulations (No. 3), apply to a nomination under section 4.31(1E), (1F) or (1G) given to the CEO on or after 1 January 2024.
(5)Regulation 11, as in force before 1 January 2024, continues to apply to a nomination under section 4.31(1E), (1F) or (1G) given to the CEO before 1 January 2024 as if regulation 11 had not been replaced by regulation 20 of the 2023 amendment regulations (No. 3).
(6)Despite subregulation (5), a nomination under section 4.31(1E), (1F) or (1G) given to the CEO before 1 January 2024 cannot be relied upon for the purposes of an enrolment eligibility claim made on or after 1 January 2024.
(7)Regulations 12A to 12D apply to enrolment eligibility claims made on or after 1 January 2024.
(8)Regulation 13, as in force before 1 January 2024, continues to apply in relation to the following as if regulation 13 had not been amended by regulation 23 of the 2023 amendment regulations (No. 3) —
(a)an enrolment eligibility claim made before 1 January 2024;
(b)a person who is an elector by virtue of an enrolment eligibility claim made before 1 January 2024.
(9)Regulations 13A and 13B do not apply in relation to a person who is an elector by virtue of an enrolment eligibility claim made before 1 January 2024.
(10)Regulation 20(3) and (4), as in force before 1 January 2024, continue to apply in relation to a person who is an elector by virtue of an enrolment eligibility claim made before 1 January 2024 as if regulation 20(3) and (4) had not been amended by regulation 26 of the 2023 amendment regulations (No. 3).
(11)The amendments made by regulations 36(1) and 37 of the 2023 amendment regulations (No. 3) do not affect an enrolment eligibility claim made before 1 January 2024.
Note for this regulation:
See Schedule 9.3 clause 60 of the Act for related transitional provisions.
[Regulation 92E inserted: SL 2023/158 r. 35.]
92F.Enrolment under Sch 9.3 cl. 12 of Act
(1)In this regulation —
eligible person means a person who, under Schedule 9.3 clause 12 of the Act, is to be regarded for the purposes of the Act as being eligible under section 4.30(1)(a) and (b) to be enrolled to vote.
(2)Regulation 10A does not apply for the purpose of determining whether a person is an eligible person.
(3)For the purposes of these regulations, the enrolment address of an eligible person is the address of the rateable property which the eligible person owns or occupies.
(4)Regulations 12A(2)(l) and (5)(c), 12B to 12D and 13A(2) do not apply in relation to an eligible person.
[Regulation 92F inserted: SL 2023/158 r. 35.]
[Part 17 omitted under the Reprints Act 1984 s. 7(4)(f).]
