Electoral Regulations 1996

CrestWestern Australia

Electoral Act 1907

Electoral Regulations 1996

Western Australia

Electoral Regulations 1996

Contents

Part 1 — Preliminary

1. Citation 1

2. Terms used 1

3. Reference in declaration or statement to district includes reference to whole of State electorate 2

4. Regulations apply to more than one election held on same day 2

Part 2 — Forms

6. Form of declaration by officer (Act s. 15A) 3

7. Forms prescribed etc. (Sch. 3) 3

Part 3 — Register of electors, extracts and rolls

7A. Details of persons to be on register of electors (Act s. 40A) 4

7B. Content of register extracts under Act s. 62AA (Act s. 62A(4)) 4

7C. Omitting names of silent electors when disclosing particular enrolment information (Act s. 62AC(5)) 5

8. Content of rolls (Act s. 76AF) 5

9. Manner of marking register of electors prescribed (Act s. 47(3)(g)) 6

10A. Manner prescribed of recording on roll the issue of ballot paper (Act s. 98A(1)(b)) 6

Part 4 — Absent and provisional voting

11. Manner of absent voting (Act s. 97I) 7

12. Prescribed declarations for declaration voting 8

13. Manner of provisional voting (Act s. 97I and 98B) 8

14. Records about absent and provisional votes 9

15. Dealing with absent and provisional votes in ballot boxes 9

16. Scrutinising declarations with particular absent and provisional votes 10

17. Counting of absent votes if roll marked on the day 12

Part 4A — Postal voting

18. Numbering application for postal vote application (Act s. 100C) 13

19. Scrutiny of declarations provided with postal ballot papers (Act s. 100M) 13

20. Records of postal ballot paper 14

Part 5 — Miscellaneous

22. Enrolment procedure; person not enrolled, Commissioner’s powers as to etc. 15

22A. Procedure if same person relied on as member by 2 or more political parties (Act s. 62CA) 16

22C. Prescribed watermark for official paper (Act s. 94A(2)(a)) 17

23. Person not voting, matters prescribed in relation to (Act s. 156) 18

24. Appointment of scrutineer (Act s. 137 and 146C) 18

25. Manner prescribed of verifying nomination made by message sent electronically (Act s. 156C) 18

26. Manner prescribed of declaring election after re‑count (Act s. 156D(8)) 19

27. Officer prescribed (Act s. 162(1)(ca)) 19

28. Public employee etc. standing for election to take leave etc. 19

29. Transmission and destruction of records of election 21

29A. Articles prescribed that can be used for electoral advertising (Act s. 187(2)(d)) 22

Part 6 — Transitional

31. Transitional provision for Electoral Amendment Regulations 2022 23

Schedule 2

Schedule 3

Notes

Compilation table 75

Defined terms

Western Australia

Electoral Act 1907

Electoral Regulations 1996

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Electoral Regulations 1996.

2. Terms used

In these regulations, unless the contrary intention appears —

ballot paper envelope means an envelope referred to in section 100D(2)(c) of the Act or in regulation 11(1)(c) or (3)(b) or 13(1)(b);

record means any thing or process —

(a) upon or by which information is recorded or stored; or

(b) by means of which a meaning can be conveyed by any means in a visible or recoverable form,

whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.

[Regulation 2 amended: Gazette 10 Nov 2000 p. 6164; 11 May 2007 p. 1995; SL 2024/124 r. 34.]

3. Reference in declaration or statement to district includes reference to whole of State electorate

In any form of declaration or statement made, or to be made, by an officer, clerk, elector or voter, in relation to an election or referendum, a reference in the declaration or statement to a district is, unless the contrary intention appears, to be read and construed, as well, as a reference to the whole of State electorate.

[Regulation 3 amended: SL 2022/195 r. 4.]

4. Regulations apply to more than one election held on same day

The provisions of these regulations, and the forms prescribed in these regulations apply, as nearly as is practicable and with such modifications as are, in the opinion of the Electoral Commissioner, necessary or expedient, as well to more than one election, including one or more referendums, held on the same day as to any other election.

[Regulation 4 amended: SL 2022/195 r. 5.]

Part 2 — Forms

[Heading inserted: SL 2024/124 r. 35.]

[5. Deleted: Gazette 20 Oct 2000 p. 5927.]

6. Form of declaration by officer (Act s. 15A)

(1) The declaration by an officer prescribed for the purposes of section 15A of the Act is the declaration in Form 1 in Schedule 2.

[(2)‑(4) deleted]

[Regulation 6 amended: Gazette 8 Nov 1996 p. 6267; SL 2024/124 r. 36.]

7. Forms prescribed etc. (Sch. 3)

(1) The forms in Schedule 3 are prescribed in relation to the matters specified in the forms.

(2) If a form in a schedule 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.

(3) If a form in a schedule contains directions for its completion the form is to be completed in accordance with those directions.

Part 3 — Register of electors, extracts and rolls

[Heading inserted: SL 2024/124 r. 37.]

7A. Details of persons to be on register of electors (Act s. 40A)

For the purposes of section 40A(g) of the Act, the date of birth is a detail to be entered on the register of electors.

[Regulation 7A inserted: SL 2024/124 r. 38.]

7B. Content of register extracts under Act s. 62AA (Act s. 62A(4))

(1) This regulation applies to register extracts made available for inspection by the public under section 62AA of the Act.

(2) For the purposes of section 62A(4)(a) of the Act, the register extracts must not include —

(a) the gender of electors; or

(b) the name of silent electors; or

(c) the name of a person who has applied to be a silent elector under section 51B of the Act; or

(d) the information the subject of a direction of the Electoral Commissioner made under subregulation (3).

(3) If the Electoral Commissioner considers that information contained in the register of electors should not be disclosed in a register extract for privacy or similar reasons, the Electoral Commissioner may, by written notice published on the Commission website, direct that a register extract not include that information.

(4) A direction made under subregulation (3) may apply generally or to a particular register extract.

[Regulation 7B inserted: SL 2024/124 r. 38.]

7C. Omitting names of silent electors when disclosing particular enrolment information (Act s. 62AC(5))

(1) This regulation applies to enrolment information other than register extracts.

(2) If the Electoral Commissioner considers that a silent elector’s name should not be disclosed as part of enrolment information for privacy or similar reasons, the Electoral Commissioner may omit the names of silent electors when enrolment information is disclosed.

(3) If the Electoral Commissioner makes a decision under subregulation (1), the Electoral Commissioner must give the person to whom the enrolment information is disclosed a written notice indicating that the names of silent electors are omitted under this regulation.

[Regulation 7C inserted: SL 2024/124 r. 38.]

8. Content of rolls (Act s. 76AF)

(1) A roll must include the details of an elector the subject of a direction made under subregulation (2).

(2) The Electoral Commissioner may, by written notice published on the Commission website, direct that details from the register of electors about an elector must be included on the roll for the purposes of better identifying the elector on the roll.

(3) A direction under subregulation (2) may apply —

(a) to all rolls or to a particular roll; and

(b) to all electors or particular electors.

[Regulation 8 inserted: SL 2024/124 r. 38.]

[9. Deleted: Gazette 10 Nov 2000 p. 6164.]

10. Manner of marking register of electors prescribed (Act s. 47(3)(g))

(1) For the purposes of section 47(3)(g) of the Act, the mark “47(3)(g)” is to be placed against the person’s name when the person is enrolled.

(2) The mark referred to in subregulation (1) may be entered by electronic means if that is appropriate in the circumstances.

[Regulation 10 amended: Gazette 10 Nov 2000 p. 6164; SL 2024/124 r. 39.]

10A. Manner prescribed of recording on roll the issue of ballot paper (Act s. 98A(1)(b))

The record that section 98A(1)(b) of the Act requires to be made in respect of a person’s name on a copy of a roll is to be made —

(a) by making a mark next to the person’s name; or

(b) by electronic means,

whichever is appropriate in the circumstances.

[Regulation 10A inserted: Gazette 20 Oct 2000 p. 5928‑9; amended: SL 2024/124 r. 40.]

Part 4 — Absent and provisional voting

[Heading inserted: SL 2024/124 r. 41.]

Note for this Part:

See section 99B of the Act in relation to how absent and provisional voting occurs at a mobile polling place.

11. Manner of absent voting (Act s. 97I)

(1) If an elector wishes to vote as an absent voter at a polling place at which there is a copy of the roll for the district for which the elector is enrolled, an officer must —

(a) issue a ballot paper to the elector; and

(b) make a record of the elector’s name on a copy of the roll; and

(c) give the elector an envelope for the ballot paper that states, or from the outside of which can be seen, the name of the district for which the elector is enrolled.

Example:

For the purposes of paragraph (c) — the envelope contains a window through which the name of the district can be seen.

(2) The record referred to in subregulation (1)(b) may be made by electronic means if the officer considers it appropriate in the circumstances.

(3) If a person wishes to vote as an absent voter at a polling place at which there is not a copy of the roll for the district for which the person wishes to vote, the following provisions apply to the taking of the person’s absent vote —

(a) before a person is issued with a ballot paper to cast their absent vote —

(i) the person must complete and sign a declaration under regulation 12 in the presence of an officer; and

(ii) the officer must attest the signature of that person to the declaration;

(b) the declaration must be attached to an envelope;

(c) the officer must give the envelope to the person.

(4) For the purposes of section 98B(c)(ii) of the Act, the method of dealing with the ballot paper for an absent voter is —

(a) the absent voter must put the ballot paper in the envelope given under subregulation (1)(c) or (3)(c); and

(b) the absent voter must deposit the envelope in a ballot box in use at the polling place at which the absent vote is cast.

[Regulation 11 inserted: SL 2024/124 r. 41.]

12. Prescribed declarations for declaration voting

For the purposes of sections 97B, 97C, 97D, 97E, 97F and 97G of the Act or regulation 11(3)(a)(i), the prescribed declaration the person is required to make before an officer is in writing, signed by the person and in the following form —

1. I am entitled to be enrolled and to vote at this election; and

2. I have not already voted at this election.

[Regulation 12 inserted: SL 2024/124 r. 41.]

13. Manner of provisional voting (Act s. 97I and 98B)

(1) For the purposes of section 97I(2) of the Act, the manner in which a person may vote as a provisional voter is —

(a) the declaration referred to in regulation 12 must be attached to an envelope in which the person’s ballot paper can be placed; and

(b) the envelope must be given to the person; and

(c) the ballot paper issued for the purposes of provisional voting must contain the particulars relevant to the election in which the vote must be cast.

(2) For the purposes of section 98B(c)(ii) of the Act, the method of dealing with the ballot paper for a person who votes as a provisional voter is —

(a) the person must put their ballot paper in the envelope given under subregulation (1)(b); and

(b) the person must deposit the envelope in a ballot box in use at the polling place at which the provisional vote is cast.

[Regulation 13 inserted: SL 2024/124 r. 41.]

14. Records about absent and provisional votes

The Electoral Commissioner must ensure that records are maintained, in a format approved by the Electoral Commissioner, of the particulars of every person issued with a ballot paper for absent voting or provisional voting at every polling place for a particular election.

[Regulation 14 inserted: SL 2024/124 r. 41.]

15. Dealing with absent and provisional votes in ballot boxes

(1) At the close of the poll, an assistant returning officer or the returning officer who opens a ballot box must —

(a) cause the envelopes with absent votes or provisional votes to be separated from the other ballot papers contained in the ballot box; and

(b) cause the envelopes to be sorted into their respective districts.

(2) For the purposes of section 97I(5) of the Act, envelopes with ballot papers inside must be transmitted to the Electoral Commissioner —

(a) if an officer other than the returning officer opens the ballot box — by the officer giving the envelopes to the returning officer to be transmitted to the Electoral Commissioner; or

(b) if the returning officer opens the ballot box or receives envelopes under paragraph (a) — by the returning officer transmitting the envelopes directly to the Electoral Commissioner.

[Regulation 15 inserted: SL 2024/124 r. 41.]

16. Scrutinising declarations with particular absent and provisional votes

(1) The officer concerned with the scrutiny of declarations made under section 97B, 97C, 97D, 97E or 97F of the Act or regulation 11(3)(a)(i) in relation to absent or provisional votes must —

(a) examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

(b) examine the roll to ensure that the name of the person claiming to vote is enrolled; and

(c) if the name is on the roll —

(i) make a record of the elector having voted; and

(ii) detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

(iii) keep the ballot box or packet secure;

and

(d) if the name is not on the roll — set the envelope aside for retention by the Electoral Commissioner.

(2) The officer concerned with the scrutiny of declarations made under section 97G of the Act in relation to provisional votes must —

(a) examine the declaration to ensure it is signed by the person claiming to vote and witnessed by the officer; and

(b) retain the envelope until the person’s claim for enrolment, or claim for enrolment or transfer of enrolment under the Commonwealth Electoral Act 1918 to be enrolled on a Commonwealth roll for this State, is decided; and

(c) if the person is enrolled pursuant to the claim —

(i) make a record of the elector having voted; and

(ii) detach the declaration from the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

(iii) keep the ballot box or packet secure;

and

(d) if paragraph (c) does not apply — set the envelope aside for retention by the Electoral Commissioner.

(3) If a declaration relating to an absent or provisional vote is not signed by the officer, the officer conducting the scrutiny of the declarations must not reject the ballot paper for that reason alone.

[Regulation 16 inserted: SL 2024/124 r. 41.]

17. Counting of absent votes if roll marked on the day

The officer counting absent voters’ ballot papers to which a declaration is not attached must open the ballot paper envelope into which a ballot paper is put under regulation 11(4)(a), remove the ballot paper contained in the envelope and count the ballot paper.

[Regulation 17 inserted: SL 2024/124 r. 41.]

Part 4A — Postal voting

[Heading inserted: SL 2024/124 r. 41.]

18. Numbering application for postal vote application (Act s. 100C)

For the purposes of section 100C(1)(b) of the Act, the issuing officer who receives a postal vote application that complies with section 100B of the Act must number the application by giving it a unique identifying number and a method for identifying the application, including, for example, a barcode.

[Regulation 18 inserted: SL 2024/124 r. 41.]

19. Scrutiny of declarations provided with postal ballot papers (Act s. 100M)

(1) For the purposes of section 100M(1) and (5)(d) of the Act, the Electoral Commissioner, or an officer directed by the Electoral Commissioner, must —

(a) open the envelope containing a postal ballot paper received by the Electoral Commissioner under section 100L of the Act; and

(b) scrutinise the declaration relating to the postal ballot paper to determine whether the ballot paper must be rejected, disallowed, allowed or admitted, including if the person who sent the postal ballot paper to the Electoral Commissioner made a postal vote application by checking the declaration against the application; and

(c) if the Electoral Commissioner or officer determines the ballot paper must be allowed or admitted —

(i) make a record of the elector having voted; and

(ii) open the ballot paper envelope, remove the ballot paper contained in the envelope and place the ballot paper, without inspection, in a ballot box or packet for the relevant district or the whole of State electorate, as the case requires, to await counting in accordance with the relevant provisions of the Act; and

(iii) keep the ballot box or packet secure;

and

(d) if the Electoral Commissioner or officer considers that the postal ballot paper must be rejected or disallowed — set the envelope aside for retention by the Electoral Commissioner.

(2) If scrutiny of the declarations occurs before the commencement of the poll on polling day, the Electoral Commissioner must give notice of the time and place of the scrutiny to —

(a) each registered political party who has an endorsed candidate in the election; and

(b) each non‑party candidate in the election.

[Regulation 19 inserted: SL 2024/124 r. 41.]

20. Records of postal ballot paper

The Electoral Commissioner must maintain records of the particulars of every person issued with a postal ballot paper under section 100D of the Act for a particular election.

[Regulation 20 inserted: SL 2024/124 r. 41.]

Part 5 — Miscellaneous

22. Enrolment procedure; person not enrolled, Commissioner’s powers as to etc.

(1) A person entitled to enrolment as an elector is to fill in, sign and send to the Electoral Commissioner a claim in the form of Form 2 in Schedule 3.

(2) Where it appears to the Electoral Commissioner that the name of a person who is qualified to be enrolled as an elector on a roll under the Act is not so enrolled the Electoral Commissioner is to —

(a) notify that person in writing that —

(i) that person is required to fill in, sign and send to the Electoral Commissioner, within the period specified in the notice, a claim for enrolment in accordance with section 45 of the Act; and

(ii) no claim or notice in writing for enrolment in respect of that person’s present address has been received by the Electoral Commissioner or on the Electoral Commissioner’s behalf subsequently to the last known date of the breach of section 45(1) or (2) of the Act; and

(iii) a penalty (not exceeding $50) may be imposed under section 45 of the Act for the breach and advising that upon payment of the penalty and lodgement of a claim or notice in writing by that person within a specified time no further action in respect of the breach will be taken; and

(iv) should the penalty not be paid and a claim or notice in writing for enrolment not be lodged with or on behalf of the Electoral Commissioner within the specified time, the Electoral Commissioner may institute proceeding before a court of summary jurisdiction for a breach of section 45(1) or (2) of the Act;

and

(b) provide a copy of Form 4 in Schedule 3 to the person and inform the person of their rights under subregulation (3).

(3) If a person against whom action has been taken under subregulation (2) believes that the person is not in breach of section 45(1) or (2) of the Act that person may complete and sign a declaration in accordance with Form 4 within the period specified in the notice under subregulation (2) and return it to the Electoral Commissioner who may then decide to discontinue the action under subregulation (2) or to confirm that action and advise that person accordingly.

(4) No action taken under subregulation (2) against a person prevents any further like action should a breach of section 45(1) or (2) of the Act appear to the Electoral Commissioner to continue on the part of that person.

[Regulation 22 amended: Gazette 10 Nov 2000 p. 6169; 11 May 2007 p. 1997; SL 2022/195 r. 13; SL 2024/124 r. 42.]

22A. Procedure if same person relied on as member by 2 or more political parties (Act s. 62CA)

(1) This regulation applies if 2 or more political parties purport to rely on the same person (the relevant person) as a member for the purpose described in section 62CA(1) of the Act.

(2) The Electoral Commissioner must, in writing —

(a) request the relevant person to nominate, within 30 days after receiving the request, the political party entitled to rely on the relevant person as a member; and

(b) advise the political parties that the Electoral Commissioner has made the request.

(3) If, as a result of a nomination made by the relevant person or a failure by the relevant person to make a nomination, a political party ceases to qualify as an eligible political party, the Electoral Commissioner must —

(a) in writing, advise the political party of that fact; and

(b) give the political party at least 60 days in which to provide the name, address and declaration as to membership of any additional member of the party on whom it relies for the purpose of qualifying as an eligible political party.

[Regulation 22A inserted: SL 2022/195 r. 14.]

[22B. Deleted: SL 2024/124 r. 43.]

22C. Prescribed watermark for official paper (Act s. 94A(2)(a))

For the purposes of section 94A(2)(a) of the Act, the prescribed watermark is —

elect

[Regulation 22C inserted: SL 2024/124 r. 44.]

23. Person not voting, matters prescribed in relation to (Act s. 156)

(1) A notice sent under section 156(4) of the Act to an elector is to be sent within 3 months after the return of the writ for the election at which the elector appears to have failed to vote.

[(2) deleted]

[Regulation 23 amended: Gazette 4 Dec 2012 p. 5911; SL 2024/124 r. 45.]

24. Appointment of scrutineer (Act s. 137 and 146C)

The appointment of a scrutineer under section 137 or 146C must be signed —

(a) by the person by whom the scrutineer is appointed; or

(b) if the scrutineer is appointed by a group — by any of the candidates in the group.

[Regulation 24 inserted: Gazette 16 Aug 2016 p. 3470.]

25. Manner prescribed of verifying nomination made by message sent electronically (Act s. 156C)

A nomination by message sent by electronic means under section 156C of the Act is verified —

(a) where the nominating candidate has signed the message, if the Electoral Commissioner is satisfied that the signature by the nominating candidate on the message is the same signature as that of that person on the form on which that person nominated as a candidate in the most recent Council election; or

(b) where the nominating candidate has not signed the message, if the Electoral Commissioner has been orally advised by the nominating candidate that that person was the person who sent the electronic message.

[Regulation 25 amended: SL 2022/195 r. 15.]

26. Manner prescribed of declaring election after re‑count (Act s. 156D(8))

When on a re‑count under section 156D(8) of the Act a consenting candidate is elected the Electoral Commissioner shall, before all persons then present, declare that consenting candidate to be elected as a member of the Council to fill the vacancy.

27. Officer prescribed (Act s. 162(1)(ca))

Any officer employed in the department referred to in section 4A of the Act is a prescribed officer for the purpose of section 162(1)(ca) of the Act.

28. Public employee etc. standing for election to take leave etc.

(1) In this regulation, unless the contrary intention appears —

election period, in relation to a candidate in an election, means the period commencing when the nomination of that candidate is lodged and ending when —

(a) that nomination is withdrawn; or

(b) that candidate or another candidate is declared elected to the Legislative Council or Legislative Assembly, as the case may be; or

(c) the Electoral Commissioner, during the counting of the votes, certifies under subregulation (2) that the candidate has no prospect of being elected,

whichever occurs first;

member in relation to a prescribed body means —

(a) any member of the body whether known as a member, commissioner, councillor, trustee, director or by any other title;

(b) any deputy, alternate or acting member of the body,

and includes a person holding the office of chairman or president or any other office of the body;

prescribed body means a commission, council, board, committee or other body mentioned in Part 3 of Schedule V to the Constitution Acts Amendment Act 1899;

public employee means a person who holds any office or place mentioned in Part 2 of Schedule V to the Constitution Acts Amendment Act 1899.

(2) The Electoral Commissioner may during the counting of the votes certify that a candidate has no prospect of being elected.

(3) A public employee who nominates as a candidate in an election is to take leave of absence from employment as a public employee, such leave to commence not later than the working day next following the day on which the election period commences and to end not earlier than the day on which the election period ends or, if that day is not a working day, the working day next preceding that day.

(4) Notwithstanding anything contained in the Act under which a public employee is appointed or employed —

(a) the employee is by this regulation authorised to apply for and take; and

(b) the employer of the employee is by this regulation authorised to grant,

leave of absence that is required to be taken under subregulation (3).

(5) Leave of absence taken by a public employee under subregulation (3) is to be taken without pay except to the extent that the employee has an accrued entitlement to, and applies for, leave with pay.

(6) A member of a prescribed body who nominates as a candidate in an election is not at any time during the election period to attend any meeting of the body, or perform any function or duty as a member of the body, or receive any salary, fees, allowances, expenses or other remuneration as a member of the body.

(7) The inability of a member of a prescribed body to —

(a) attend a meeting of the body; or

(b) perform a function or duty as a member of the body,

without contravening subregulation (6) is sufficient cause for a duly appointed or elected deputy as alternate of that member to attend the meeting or perform the duty or function, as the case may require.

(8) Where a member of a prescribed body —

(a) is absent from a meeting of the body; or

(b) fails to perform a function or duty as a member of the body,

in compliance with subregulation (6), that absence or failure is to be disregarded for the purposes of any enactment under which the member may vacate or be removed from office as a member by reason of absence from meetings or neglect of duty.

[Regulation 28 amended: Gazette 8 Nov 1996 p. 6267; 20 Oct 2000 p. 5929; SL 2022/195 r. 16.]

29. Transmission and destruction of records of election

(1) When transmitting documents to the Electoral Commissioner under section 151 of the Act, the returning officer is to transmit a copy, in a written form, of any electronic record made for the purposes of these regulations that would have been required to be so transmitted if it had been made in a written form.

(2) Section 155 of the Act applies to a record made under these regulations as if the record were a document for the purposes of that section.

[Regulation 29 amended: Gazette 4 Dec 2012 p. 5911.]

29A. Articles prescribed that can be used for electoral advertising (Act s. 187(2)(d))

The following classes of articles are prescribed for the purposes of section 187(2)(d) of the Act —

(a) articles of apparel;

(b) articles in the nature of dress or personal accessories.

[Regulation 29A inserted: Gazette 10 Nov 2000 p. 6170.]

[30. Omitted under the Reprints Act 1984 s. 7(4)(f).]

Part 6 — Transitional

[Heading inserted: SL 2022/195 r. 17.]

31. Transitional provision for Electoral Amendment Regulations 2022

(1) In this regulation —

commencement day means the day on which the Electoral Amendment Regulations 2022 regulation 19(14) and (15) come into operation.

(2) Despite the amendments made by the Electoral Amendment Regulations 2022 regulation 19(14) and (15), Schedule 3 Forms 35 and 36 as in force immediately before commencement day continue to apply in respect of the filling of a vacancy in the Council under sections 156C and 156D of the Act before 22 May 2025.

[Regulation 31 inserted: SL 2022/195 r. 17.]

[Schedule 1 deleted: Gazette 20 Oct 2000 p. 5929.]

Schedule 2

Form 1

[Regulation 6(1)]

Western Australia

Electoral Act 1907 (s. 15A)

DECLARATION BY OFFICER

I, ............................................................................................................................,

of ............................................................................................................................

declare that —

1. I accept the office of ...................................................................................;

2. I will faithfully and impartially perform the duties of my office to the best of my understanding and ability; and

3. I have no active or official connection with —

(a) any political party;

(b) any election or campaign committee; or

(c) any person who has nominated as a candidate for an election in a district or the whole of State electorate in respect of which I will be carrying out my duties,

and I will immediately notify the Electoral Commissioner if such a connection arises.

.......................................................................

Signature of officer

Declared before me on ...............................................

Date

.....................................................................................

Signature of witness

.....................................................................................

Name of witness

[A declaration by the Electoral Commissioner, the Deputy Electoral Commissioner, an Acting Electoral Commissioner or a returning officer must be witnessed by a Justice of the Peace.

A declaration by any other officer must be witnessed by a person who is, or is qualified to be, an elector at Commonwealth or State elections.]

[Form 1 inserted: Gazette 8 Nov 1996 p. 6268; amended: SL 2022/195 r. 18(1).]

[Form 2 deleted: Gazette 8 Nov 1996 p. 6268.]

[Forms 3 and 4 deleted: SL 2024/124 r. 46.]

Schedule 3

[r. 7(1)]

[Heading amended: SL 2024/124 r. 47.]

Form 1

Western Australia

Electoral Act 1907 (s. 76AA(4)(b))

FORM OF PRINTED ELECTORAL ROLL

Roll of electors for the .............................................................................. District.

[Form 1 inserted: SL 2024/124 r. 48.]

Form 2

Western Australia

Electoral Act 1907 (s. 42)

CLAIM FOR ENROLMENT

• 1 Surname orfamily name
• All given names
• 2 Address
• Postcode
• 3 Phone numbers Mobile Daytime (08)
• Email address
• 4 Postal address
• Postcode
• 5 Occupation 6 Male 🞏Female 🞏
• 7 Date of birth Day Month Year 8 Town of birth
• 9 Place of birth
• 10 Citizenship status 🞏 Australian citizen by birth
• or
• 🞏 I have become an Australian citizen Citizenship certificate number
• Name on citizenship certificate
• or
• 🞏 British subject who was enrolled at any time between 26 October 1983 and 25 January 1984 inclusive
• Name on 25 January 1984
• 11 Former surname or family name
• Former given names
• 12 Former address
• Postcode
• 13 Evidence of your identityConfirm your identity using one of these options 🞏 Details of the form of identity allowed under the Commonwealth Electoral Act 1918
• or
• 🞏 Have a person who is on the Commonwealth electoral roll confirm your identity below ▼
• 14 YOUR DECLARATION• I am eligible to enrol for Western Australian elections.• I declare that all the information I have given on this form is true and complete. 15 DECLARATION• I am on the Commonwealth electoral roll.• I confirm the identity of the applicant.• I saw the applicant mark this form.** Only applies if the applicant has made a mark because the applicant is unable to sign their name.
• Signature or mark of applicant Signature of person confirming your identity
• / / / /
• The declaration at question 15 must be completed if the applicant has made a mark because the applicant is unable to sign their name*.* Name and address of person confirming your identity

[Form 2 inserted: Gazette 4 Dec 2012 p. 5912‑13; amended: SL 2022/195 r. 19(2); SL 2024/124 r. 49.]

Form 3

Western Australia

Electoral Act 1907 (s. 44A(3)(a))

NOTICE OF REJECTION OF CLAIM

To ........................................................................................... :

I wish to advise that your claim dated .................................... to have your name placed on the roll for the .................................... District does not comply with section 44 of the Electoral Act 1907 for the following reasons:

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

Therefore, your claim is rejected.

......................................................................

ENROLMENT OFFICER

......................................................................

Date

[Form 3 inserted: Gazette 10 Nov 2000 p. 6170‑1; amended: SL 2022/195 r. 19(3).]

Form 4

Western Australia

Electoral Act 1907 (reg. 22)

DECLARATION BY A PERSON ALLEGED TO HAVE FAILED TO COMPLY WITH THE COMPULSORY ENROLMENT PROVISIONS OF SECTION 45 OF THE ELECTORAL ACT

I, ............................................................ of ............................................................

....................................................................... declare that* ...................................

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

Signed: ..................................................

Date: ..................................................

Declared before me:

............................................................................

An elector or a person qualified to be an

elector for the Commonwealth or the State

............................................................................

Address of witness

• Set out any facts which you believe should be taken into account in dealing with the alleged offence.

Form 5

Western Australia

Electoral Act 1907 (s. 47(3)(a))

ENROLMENT OFFICER’S OBJECTION TO CLAIM

To ........................................................................................... :

I refer to your claim dated ....................................... to be enrolled as an elector for the State Electoral District of ................................................. and advise that I believe that you are not entitled to be so enrolled for the following reasons:

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

Unless the attached notice of appeal (Form 6) is completed and signed by you and returned to me within .................................. days from the date of this notice, your claim will be rejected.

.........................................................................

ENROLMENT OFFICER

.........................................................................

Date

[Form 5 inserted: Gazette 10 Nov 2000 p. 6171.]

Form 6

Western Australia

Electoral Act 1907 (s. 47(3)(a))

APPEAL AGAINST OBJECTION TO CLAIM

To the Enrolment Officer:

• District
• Surname
• Given names
• Residential Address Street No. Street Name
• Suburb Postcode
• Phone numbers (Home) (Work)
• Fax number E‑mail
• I wish to appeal against your objection to my claim for enrolment as an elector for the State Electoral District of ............................................................ for the following reasons:..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
• Signature of Claimant Date

[Form 6 inserted: Gazette 10 Nov 2000 p. 6172.]

Form 7

Western Australia

Electoral Act 1907 (s. 48(2)(a))

ELECTOR’S OBJECTION TO ENROLMENT

To the Electoral Commissioner:

• District
• Surname
• Given names
• Residential Address Street No. Street Name
• Suburb Postcode
• Phone numbers (Home) (Work)
• Fax number E‑mail
• I wish to object to the name of ............................................................ being on the roll for the State Electoral District of ............................................................ for the following reasons:..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................I enclose a deposit of $2.00
• Signature of Objector Date

[Form 7 inserted: Gazette 10 Nov 2000 p. 6173.]

Form 8

Western Australia

Electoral Act 1907 (s. 48(3)(a))

ENROLMENT OFFICER’S OBJECTION TO ENROLMENT

To: ........................................................................................... :

You are currently enrolled on the State electoral roll for the State Electoral District of ................................... . However, your enrolment is objected to because I have the following reasons for believing that your name should not be retained on the roll:

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

Unless the attached notice of appeal (Form 9) is completed and signed by you and returned to me within .................................... days of the date of this notice, your name will be removed from the State electoral roll.

.........................................................................

ENROLMENT OFFICER

.........................................................................

Date

[Form 8 inserted: Gazette 10 Nov 2000 p. 6174.]

Form 9

Western Australia

Electoral Act 1907 (s. 48(3)(a))

NOTICE OF APPEAL AGAINST ENROLMENT OFFICER’S OBJECTION TO ENROLMENT

To the Enrolment Officer:

• District
• Surname
• Given names
• Residential Address Street No. Street Name
• Suburb Postcode
• Phone numbers (Home) (Work)
• Fax number E‑mail
• I wish to appeal against your objection to the retention of my name on the roll for the State Electoral District of ............................................................ for the following reasons:.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
• Signature of Elector Date

[Form 9 inserted: Gazette 10 Nov 2000 p. 6175.]

[Form 10 deleted: SL 2024/124 r. 50.]

Form 11

Western Australia

Electoral Act 1907 (s. 56)

NOTIFICATION OF DEATHS OF PERSONS NOT UNDER 16

FOR MONTH OF ...................................

Surname .................................................................................................................

Given name ............................................................................................................

Date of birth ...........................................................................................................

Late address ...........................................................................................................

Age and gender ...........................................................................................................

Date of death .........................................................................................................

Late occupation......................................................................................................

(repeated as necessary)

..............................................................

Registrar General

[Form 11 amended: Gazette 10 Nov 2000 p. 6175; SL 2024/124 r. 51.]

[Form 12 deleted: Gazette 10 Nov 2000 p. 6175.]

[Form 13 deleted: Gazette 12 Dec 1997 p. 7259.]

[Forms 14 and 15 deleted: Gazette 11 May 2007 p. 1998.]

Form 16

Western Australia

Electoral Act 1907 (s. 64(1) and (2) and 69)

WRIT

Writ for elections in all the electoral districts to elect members of the Legislative Assembly

To the Electoral Commissioner:

I direct you to proceed with elections in all the electoral districts to elect one member of the Legislative Assembly for each district.

I fix the following days for the purposes of each of those elections:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, .................................................................. 20..........

Last day for the return of the writ:

............... day, ........................................................... 20..........

Dated ..................................... 20..... .............................................................

Governor

(Reverse)

Certificate

I certify that the results of the elections held under this writ were as follows:

Electoral district Elected candidate Date of declaration

..................................... ........................................ ...................................

[continue for each district]

Dated ........................................... 20 ..... .......................................................

Electoral Commissioner

[Form 16 inserted: Gazette 20 Oct 2000 p. 5930‑1; amended: Gazette 4 Dec 2012 p. 5913; SL 2024/124 r. 52.]

Form 17

Western Australia

Electoral Act 1907 (s. 64(3) and 69)

WRIT

Writ for an election in the whole of State electorate to elect members of the Legislative Council

To the Electoral Commissioner:

I direct you to proceed with an election in the whole of State electorate to elect 37 members of the Legislative Council.

I fix the following days for the purposes of each of those elections:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated .......................................... 20 .... ........................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidates Date of declaration

....................................... .......................................

.......................................

.......................................

.......................................

.......................................

.......................................

Dated ........................................ 20 ...... .......................................................

Electoral Commissioner

[Form 17 inserted: Gazette 20 Oct 2000 p. 5931‑2; amended: Gazette 21 Nov 2008 p. 4922; 4 Dec 2012 p. 5913; SL 2022/195 r. 19(5); SL 2024/124 r. 52.]

Form 18

Western Australia

Electoral Act 1907 (s. 67(1) and 69)

WRIT

Writ for an election in an electoral district to elect a member of the Legislative Assembly to fill a vacancy in accordance with a resolution of that House

To the Electoral Commissioner:

I, ..............................................., the Speaker of the Legislative Assembly, acting upon a resolution passed by the Legislative Assembly under section 67(1) of the Electoral Act 1907 on .................................. 20......, direct you to proceed with an election in the ......................................... electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated ......................................... .............................................................

Speaker

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated .......................................... 20 ....... .......................................................

Electoral Commissioner

[Form 18 inserted: Gazette 20 Oct 2000 p. 5933‑4; amended: SL 2024/124 r. 52.]

Form 19

Western Australia

Electoral Act 1907 (s. 67(2) and 69)

WRIT

Writ for an election in an electoral district to elect a member of the Legislative Assembly to fill a vacancy as directed by the Speaker

To the Electoral Commissioner:

I, ..............................................., the Speaker of the Legislative Assembly, acting under section 67(2) of the Electoral Act 1907, direct you to proceed to supply with an election in the ................................................ electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated .......................................... 20 ....... .......................................................

Speaker

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated .......................................... 20 ....... .......................................................

Electoral Commissioner

[Form 19 inserted: Gazette 20 Oct 2000 p. 5934‑5; amended: SL 2024/124 r. 52.]

Form 20

Western Australia

Electoral Act 1907 (s. 67(3) and 69)

WRIT

Writ for an election in an electoral district to elect a member of the Legislative Assembly to fill a vacancy if there is no Speaker or the Speaker is absent

To the Electoral Commissioner:

I direct you to proceed with an election in the ........................................ electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .................................................... 20..........

**Polling day:**

Saturday, ........................................................... 20..........

Last day for the return of the writ:

............... day, ................................................... 20..........

Dated ................................................. .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 20 inserted: Gazette 20 Oct 2000 p. 5935‑6; amended: SL 2024/124 r. 52.]

Form 21

Western Australia

Electoral Act 1907 (s. 156E and 69)

WRIT

Writ for an election in the whole of State electorate to elect a member of the Legislative Council to fill a vacancy

To the Electoral Commissioner:

I direct you to proceed with an election in the whole of State electorate to elect a member of the Legislative Council.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 21 inserted: Gazette 20 Oct 2000 p. 5936‑7; amended: SL 2022/195 r. 19(6); SL 2024/124 r. 52.]

Form 22

Western Australia

Electoral Act 1907 (s. 88(2) and 69)

WRIT

Writ for a new election in an electoral district when an election is deemed to have wholly failed under section 88(2)

To the Electoral Commissioner:

I direct that, in place of the election fixed for .................................. 20..........., you proceed with a new election in the ............................................... electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................ 20..........

Last day for the return of the writ:

............... day, ......................................................... 20........

Dated ...................................... 20 ....... .......................................................

Governor/Speaker

*[as the case requires]*

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 22 inserted: Gazette 20 Oct 2000 p. 5938‑9; amended: SL 2024/124 r. 52.]

Form 23

Western Australia

Electoral Act 1907 (s. 88(2) and 69)

WRIT

Writ for a new election in the whole of State electorate when an election is deemed to have wholly failed under section 88(2)

To the Electoral Commissioner:

I direct that, in place of the election fixed for ................................... 20..........., you proceed with a new election in the whole of State electorate to elect a member of the Legislative Council.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................ 20..........

Last day for the return of the writ:

............... day, ......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23 inserted: Gazette 20 Oct 2000 p. 5939‑40; amended: SL 2022/195 r. 19(7); SL 2024/124 r. 52.]

Form 23A

Western Australia

Electoral Act 1907 (s. 89(1) and 69)

WRIT

Writ for a supplementary election in an electoral district when an election is deemed to have wholly failed under section 89(1)

To the Electoral Commissioner:

I direct that, because of the failure of the election fixed for ................................... 20........., you proceed with a supplementary election in the ............................................... electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor/Speaker

[as the case requires]

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23A inserted: Gazette 20 Oct 2000 p. 5940‑1; amended: SL 2024/124 r. 52.]

Form 23B

Western Australia

Electoral Act 1907 (s. 89(1) and 69)

WRIT

Writ for a supplementary election in the whole of State electorate when an election is deemed to have wholly failed under section 89(1)

To the Electoral Commissioner:

I direct that, because of the failure of the election fixed for ................................... 20..........., you proceed with a supplementary election in the whole of State electorate to elect ........ member(s) of the Legislative Council.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, .................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20........

Dated ...................................... 20 ....... .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate(s) Date of declaration

..................................... ...................................
[continue as required]

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23B inserted: Gazette 20 Oct 2000 p. 5941‑2; amended: SL 2022/195 r. 19(8); SL 2024/124 r. 52.]

Form 23C

Western Australia

Electoral Act 1907 (s. 89(2) and 69)

WRIT

Writ for a supplementary election in the whole of State electorate when an election is deemed to have partially failed under section 89(2)

To the Electoral Commissioner:

I direct that, because of the partial failure of the election held on .................................. 20..........., you proceed with a supplementary election in the whole of State electorate to elect ........ member(s) of the Legislative Council.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate(s) Date of declaration

..................................... ...................................
[continue as required]

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23C inserted: Gazette 20 Oct 2000 p. 5943‑4; amended: SL 2022/195 r. 19(9); SL 2024/124 r. 52.]

Form 23D

Western Australia

Electoral Act 1907 (s. 172(1)(c) and 69)

WRIT

Writ for a new election in an electoral district when an election has been declared absolutely void

To the Electoral Commissioner:

I direct that, because of the election held on .................................. 20..........., being declared absolutely void, you proceed with a new election in the ............................................... electoral district to elect a member of the Legislative Assembly for that district.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................ 20..........

Last day for the return of the writ:

............... day, ......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor/Speaker

[as the case requires]

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate Date of declaration

..................................... ...................................

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23D inserted: Gazette 20 Oct 2000 p. 5945‑6; amended: SL 2024/124 r. 52.]

Form 23E

Western Australia

Electoral Act 1907 (s. 172(1)(c) and 69)

WRIT

Writ for a new election in the whole of State electorate when an election has been declared absolutely void

To the Electoral Commissioner:

I direct that, because of the election held on .................................. 20..........., being declared absolutely void, you proceed with a new election in the whole of State electorate to elect ........ member(s) of the Legislative Council.

I fix the following days for the purposes of that election:

**The time before which a person may nominate as a candidate is 12 noon on:**

............... day, .......................................................... 20..........

**Polling day:**

Saturday, ................................................................. 20..........

Last day for the return of the writ:

............... day, .......................................................... 20..........

Dated ...................................... 20 ....... .......................................................

Governor

(Reverse)

Certificate

I certify that the result of the election held under this writ was as follows:

Elected candidate(s) Date of declaration

..................................... ...................................
[continue as required]

Dated ...................................... 20 ....... .......................................................

Electoral Commissioner

[Form 23E inserted: Gazette 20 Oct 2000 p. 5946‑7; amended: SL 2022/195 r. 19(10); SL 2024/124 r. 52.]

Form 23F

Western Australia

Electoral Act 1907 (s. 67(4))

Certificate of death of a member of the Legislative Assembly

To the Governor (or Speaker):

We, the undersigned, being 2 members of the Legislative Assembly, certify that .............................................................., a member of the Legislative Assembly serving for the ................................................. electoral district, died on the ..................................................... 20......, and we give you this notice to the intent that you may cause the writ to be issued for the election of a member to supply the vacancy caused by the death of that member.

Dated: .................................. 20........ .............................................

Member for the

.............................................

electoral district

.............................................

Member for the

.............................................

electoral district

[Form 23F inserted: Gazette 20 Oct 2000 p. 5948.]

[Form 24 deleted: Gazette 10 Nov 2000 p. 6175.]

Form 25

Western Australia

Electoral Act 1907 (s. 87A(2))

RETURNING OFFICER’S RECEIPT FOR NOMINATION AND DEPOSIT

I acknowledge receipt of a deposit of $...... cash/bank or other financial institution cheque payable to the Electoral Commissioner/electronic funds transfer*and a nomination paper in respect of ..................................................................................................

(name of candidate)

........................................................... ........................................................

Date Returning officer

• Strike out whichever is not applicable

[Form 25 amended: Gazette 8 Nov 1996 p. 6269; 20 Nov 1998 p. 6265; SL 2022/195 r. 19(11).]

[Forms 26‑29 deleted: SL 2024/124 r. 53.]

[Form 30 deleted: Gazette 11 May 2007 p. 1998.]

[Form 31 deleted: SL 2024/124 r. 53.]

• Form 32Western AustraliaElectoral Act 1907 (s. 150)STATISTICAL RETURN.............................................(District (or Whole of State electorate)) ...........................................(Date of election) Total Votes I certify that this return is correct.................................................... Signature of Returning Officer[This return may be made in a written or electronic form.]................................................... Date[This return may be made in a written or electronic form.]
• Ballot papers rejected as informal
• Total Valid Votes
• Details of count of valid votes Candidate
• Candidate
• Candidate
• Candidate
• Candidate
• Polling Places Remote areas Special Institutions and hospitals Total:Ordinary VotesPostal VotesAbsent VotesProvisional Votes Total

[Form 32 amended: SL 2022/195 r. 19(12).]

Form 33

Western Australia

Electoral Act 1907 (s. 156(6))

APPARENT FAILURE TO VOTE — PENALTY NOTICE

[insert name and address of elector]

Dear elector

It appears from the Western Australian Electoral Commission’s records that you did not vote at the State election held on [insert election date].

The Electoral Act 1907 section 156 makes it an offence for an elector to fail to vote at a State election unless the elector has a valid and sufficient reason for not voting.

If you do not want this apparent failure to vote dealt with by a court, you may take the action set out in A, B or C.

A. If you did vote at the State election, please tell us where or how you voted. Do this by completing Part A of Section 1 on the reverse of this notice and returning it on or before the response date.

B. If you did not vote at the State election and you believe you have a valid and sufficient reason for not voting, please tell us your reason. Do this by completing Part B of Section 1 on the reverse of this notice and returning it on or before the response date.

C. If you did not vote at the State election and you do not have a valid and sufficient reason for not voting, please pay the penalty of [insert amount of penalty]. Do this in one of the ways described in Section 2 on the reverse of this notice on or before the response date.

If you do not pay the penalty and I am not satisfied that you did vote or that you had a valid and sufficient reason for not voting, you may be issued with an infringement notice or this matter may be dealt with by a court.

If you are unable to respond to this notice because you are away from home or have a physical impairment, you may direct another person who has personal knowledge of the facts to either complete and return this notice on your behalf or pay the penalty on your behalf.

This matter cannot be settled by telephone. However, if you have any questions about how to deal with this notice, please contact the Western Australian Electoral Commission by telephoning [insert telephone numbers].

Thank you for your cooperation.

Electoral Commissioner Date: [insert date]

[Back of Form 33]

• The address for which you are enrolled is: *[insert address]*Please provide your current residential address if different from the above address:
• SECTION 1
• • Unless you choose to pay the penalty amount in one of the ways described in Section 2, complete this section and return this notice to the Western Australian Electoral Commission by posting it in the reply paid envelope provided or by delivering it to [insert address].• Complete either Part A or Part B but not both.• Making a false or misleading statement on this notice is an offence.
• Part A If you did vote, complete this Part by ticking the appropriate box and completing the required details.
• I voted:🞏 by ordinary vote🞏 by absent vote🞏 by provisional voteat the following place to vote ..............................................or🞏 by postal vote
• Part B If you did not vote and you believe you have a valid and sufficient reason, complete this Part.
• I did not vote because:................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
• **The person completing Section 1 is to provide the following information about himself or herself:**Name: .................................... Daytime contact phone number: .......................Signature of person completing this form .........................................................
• SECTION 2
• Penalty: [insert penalty amount] Response date: *[insert date]*If you did not vote and you wish to finalise this matter, please pay the penalty in one of the following ways by the response date.
• Payment with Australia Post [insert information about payment]
• Payment by BPAY [insert information about payment]
• Payment by mail [insert information about payment]
• Payment in person [insert information about payment]
• Payment of the penalty will end this matter. However, if you pay by cheque or credit card and that payment is dishonoured, you will be treated as if you had not paid the penalty.

[Form 33 inserted: Gazette 4 Dec 2012 p. 5914‑17; amended: SL 2022/195 r. 19(13); SL 2024/124 r. 54.]

Form 34

Western Australia

Electoral Act 1907 (s. 156(13A))

FAILURE TO VOTE — INFRINGEMENT NOTICE

[insert name and address of elector]

Dear elector

On [insert date], you were sent a notice regarding your apparent failure to vote at the State election held on [insert date].

[insert the wording from whichever of sections A and B applies]

A. You did not respond to that notice on or before the response date stated in the notice.

B. Thank you for returning the notice we sent you regarding your apparent failure to vote at the State election referred to above. In that notice you told us that —

[insert whichever paragraph applies]

• you voted at a place to vote by ordinary vote, absent vote or provisional vote. The Western Australian Electoral Commission has used that information to re‑check its records but remains unable to find any record of you having voted.
• you voted by postal vote. The Western Australian Electoral Commission has used that information to re‑check its records but remains unable to find any record of you having voted.
• you did not vote and your reason for not doing so. I have considered that reason but am unable to accept it as a valid and sufficient reason for not voting.

I am not satisfied with your response.

I therefore allege that you have committed an offence by failing to vote without a valid and sufficient reason.

If you do not want to be prosecuted in court for this offence, pay the modified penalty of [insert amount] on or before the response date.

If you do not pay the modified penalty on or before the response date, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994.

You may pay the modified penalty in one of the following ways —

Payment of the modified penalty will end this matter. However, if you pay by cheque or credit card and that payment is dishonoured, you will be treated as if you had not paid the modified penalty.

If you are unable to respond to this notice because you are away from home or have a physical impairment, you may direct another person who has personal knowledge of the facts to respond to this notice on your behalf.

Thank you for your cooperation.

Electoral Commissioner Date: [insert date]

[Form 34 inserted: Gazette 4 Dec 2012 p. 5917‑18; amended: SL 2022/195 r. 19(13); SL 2024/124 r. 55.]

Form 35

Western Australia

Electoral Act 1907 (s. 156C(1)(a))

NOTIFICATION OF A VACANCY IN THE

LEGISLATIVE COUNCIL

Take notice that a vacancy in the Legislative Council has occurred for the seat to which the Hon ............................... had most recently been elected.

This notice is published under section 156C(1)(a) because —

1. I have been informed of the vacancy by His/Her Excellency the Governor; and

2. I am satisfied that it is practicable to fill the vacancy under sections 156C and 156D of the Electoral Act 1907.

............................................................... .............................................................

Date Electoral Commissioner

.................................................................

Address

[Form 35 inserted: Gazette 6 Dec 1996 p. 6723; amended: SL 2022/195 r. 19(14).]

Form 36

Western Australia

Electoral Act 1907 (s. 156C(5))

NOMINATION TO FILL A VACANCY IN THE LEGISLATIVE COUNCIL UNDER SECTION 156C

To the Electoral Commissioner

I, the undersigned, being a qualified person as defined in section 156A of the Electoral Act 1907, by this notice nominate as a candidate for the vacancy in the Legislative Council referred to in your notice of ...................................................

Surname .................................................................................................................

Given names ..........................................................................................................

Residence ...............................................................................................................

Occupation .............................................................................................................

Form of name

printed on the ballot paper .....................................................................................

.......................................................... ..............................................................

Signature of witness who Signature of Candidate

must be an elector

.....................................................................

Date

[Form 36 inserted: Gazette 6 Dec 1996 p. 6724; amended: SL 2022/195 r. 19(15).]

[Form 37 deleted: SL 2024/124 r. 56.]

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Notes

This is a compilation of the Electoral Regulations 1996 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

ballot paper envelope 2

commencement day 31(1)

election period 28(1)

member 28(1)

prescribed body 28(1)

public employee 28(1)

record 2

relevant person 22A(1)

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer