10Preliminary Roll

### 10 Preliminary Roll > > (1)  [*\[Section 10 Subsection (1) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpa@EN) [*\[Section 10 Subsection (1) omitted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpa@EN) .  .  .  .  .  .  .  .   > > > (2)  [*\[Section 10 Subsection (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpc@EN) [*\[Section 10 Subsection (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpb@EN) The Electoral Commissioner is to cause to be published in the *Gazette* and in 3 daily newspapers published and circulating in the State and by such other manner as the Electoral Commissioner considers appropriate, at least 120 days before nominations are called for election of members of the Council, a notice– > > > > > > (a) [*\[Section 10 Subsection (2) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpb@EN) seeking applications for enrolment on the Roll; and > > > > > > > (b) [*\[Section 10 Subsection (2) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpc@EN) specifying the date and time at which applications for enrolment on the Roll close, being a date not later than 60 days before nominations are called for that election; and > > > > > > > (c) specifying the vacancies in the membership of the Council to be filled; and > > > > > > > (d) specifying details of entitlement to vote at the election; and > > > > > > > (e) [*\[Section 10 Subsection (2) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpd@EN) specifying any other matter which the Electoral Commissioner considers appropriate. > > > (2A)  [*\[Section 10 Subsection (2A) inserted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpd@EN) In each year in which nominations for an election of members of the Council are to be called, the Electoral Commissioner is to prepare a Preliminary Roll. > > > (2B)  [*\[Section 10 Subsection (2B) inserted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpd@EN) The Electoral Commissioner is to enter on the Preliminary Roll the names of all persons who – > > > > > > (a) have lodged a properly completed enrolment form with the Electoral Commissioner – > > > > > > > > > > (i) after the commencement of the [Aboriginal Lands Amendment Act (No. 2) 2005](/view/html/inforce/2026-04-12/act-9999-999) and before the close of applications for enrolment on the Roll in the year 2005; or > > > > > > > > > > > (ii) in any other year after the year 2005 in which nominations for an election of members of the Council are to be called, after the close of applications for enrolment on the Roll in the previous year in which nominations for an election of members of the Council were called and before the close of applications for enrolment on the Roll in that other year; and > > > > > > > (b) have been determined by the Electoral Commissioner as meeting the requirements in [section 9(1)(b)](#GS9@Gs1@Hpb@EN) and [(c)](#GS9@Gs1@Hpc@EN) . > > > (3)  [*\[Section 10 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpf@EN) [*\[Section 10 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpe@EN) The Electoral Commissioner is to cause to be published in the *Gazette* and in 3 daily newspapers published and circulating in the State and by such other manner as the Electoral Commissioner considers appropriate, at least 60 days before nominations are called for election of members of the Council, a notice– > > > > > > (a) [*\[Section 10 Subsection (3) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpe@EN) stating that a Preliminary Roll has been prepared for the purposes of the election; and > > > > > > > (b) [*\[Section 10 Subsection (3) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpf@EN) stating that the Preliminary Roll may be inspected and specifying the times and places at which the Preliminary Roll may be inspected; and > > > > > > > (c) [*\[Section 10 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpg@EN) [*\[Section 10 Subsection (3) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpg@EN) stating that objections to the transfer of the name of a person from the Preliminary Roll to the Roll on the basis that the person is not an Aboriginal person may be lodged with the Electoral Commissioner before such date as is specified in the notice, being a date not earlier than 28 days after the publication of the notice; and > > > > > > > (d) [*\[Section 10 Subsection (3) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hph@EN) specifying any other matter which the Electoral Commissioner considers appropriate. > > > (4)  [*\[Section 10 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpi@EN) In order to properly consider any objection, the Electoral Commissioner– > > > > > > (a) [*\[Section 10 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpj@EN) may request the advice of such persons as the Electoral Commissioner considers necessary; and > > > > > > > (b) [*\[Section 10 Subsection (4) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpk@EN) [*\[Section 10 Subsection (4) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hph@EN) in the case of an objection to the name of a person being transferred from the Preliminary Roll to the Roll, must give that person an opportunity to make submissions to the Electoral Commissioner in relation to the matter. > > > (4A)  [*\[Section 10 Subsection (4A) inserted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpi@EN) Before rejecting an objection, the Electoral Commissioner must be satisfied that the person to whom the objection relates has satisfied the requirements referred to in [section 3A(1)(a)](#GS3A@Gs1@Hpa@EN) , [(b)](#GS3A@Gs1@Hpb@EN) and [(c)](#GS3A@Gs1@Hpc@EN) . > > > (5)  [*\[Section 10 Subsection (5) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpl@EN) The Electoral Commissioner must accept the objection or reject the objection not later than 21 days before nominations are called for election of members of the Council and– > > > > > > (a) [*\[Section 10 Subsection (5) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpj@EN) .  .  .  .  .  .  .  .   > > > > > > > (b) [*\[Section 10 Subsection (5) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpm@EN) [*\[Section 10 Subsection (5) amended by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpk@EN) by notice in writing served on a person who lodged an objection under this section and the person to whom the objection related, must notify those persons of the Electoral Commissioner's decision. > > > (6)  [*\[Section 10 Subsection (6) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005\]*](/view/html/inforce/2005-02-16/act-2004-053#JS1@Ja1@GC5@Hpn@EN) [*\[Section 10 Subsection (6) substituted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpl@EN) No action or proceeding may be brought in respect of a decision of the Electoral Commissioner as to whether a person is or is not an Aboriginal person except as prescribed in [subsection (7)](#GS10@Gs7@EN) . > > > (7)  [*\[Section 10 Subsection (7) inserted by No. 25 of 2005, s. 8, Applied:21 Jul 2005\]*](/view/html/inforce/2005-07-21/act-2005-025#GS8@Hpl@EN) A person who lodged an objection under this section, or a person to whom an objection related, who is aggrieved by the decision of the Electoral Commissioner may, in accordance with the Rules of the Supreme Court, appeal to the Supreme Court, within 7 days after the date on which notice was served on that person under [subsection (5)](#GS10@Gs5@EN) , on the ground that procedures that are required by law to be observed relating to the making of the decision have not been observed.