Western Australia: Electoral Act 1907 (WA)

Western Australia Electoral Act 1907 Western Australia Electoral Act 1907 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4AA. Official agents for the appointment of scrutineers 1 Part II — Administration 4A. Western Australian Electoral Commission, nature of 1 5. Electoral Commissioner, office of established 1 5A. Deputy Electoral Commissioner, office of established 1 5B. Appointment of Electoral Commissioner and Deputy Electoral Commissioner 1 5C. Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of 1 5D. Appointment of Acting Commissioners 1 5E. Electoral Commissioner etc., other provisions as to 1 5F. Functions of Electoral Commissioner 1 5G. Delegation by Electoral Commissioner 1 5H. Deputy Electoral Commissioner, functions of 1 5I. Commissioners to have regard to particular groups when performing functions 1 6. Appointing returning officers 1 7. Appointment of substitute for returning officer 1 13. Restriction on resignation of returning officer after issue of writ 1 14. Replacement of returning officer after issue of writ 1 15. Temporary assistants, appointment of 1 15A. Officers to make declaration before acting etc. 1 16. People not eligible to be officer etc. 1 Part IIA — Representation in Parliament Division 1 — Preliminary 16A. Terms used 1 16B. Electoral Distribution Commissioners, appointment of etc. 1 Division 2 — Whole of State electorate and electoral districts 16C. Whole of State electorate and representation 1 16D. Electoral districts and representation 1 Division 3 — Division of State into districts 16E. Division of State into districts required after each general election for Assembly 1 16F. Commissioners, functions of 1 16G. Districts, how State to be divided into 1 16I. Dividing State, matters Commissioners to consider when 1 16J. District boundaries etc., Commissioners may modify etc. 1 16K. Effect of notice under s. 16F(2)(f) as to division of State 1 16MA. Map or maps of districts generated from digital or electronic record 1 16M. One vote one value principle, absolute majorities required for Bills affecting 1 Part III — Enrolment Division 1 — Entitlement to be elector 17. Who is entitled to be enrolled and vote 1 17AA. Entitlement to be enrolled for persons who attain 16 years of age 1 17A. Electors leaving Australia but staying on Commonwealth roll to stay on register of electors 1 17B. Enrolment of elector with no fixed address if enrolled on Commonwealth roll 1 18. People not entitled to vote and be enrolled 1 Division 2 — Register of electors 19. Register of electors 1 31. Arrangement with Commonwealth for single enrolment procedure 1 31A. Arrangement with Commonwealth for sharing of information to revise register of electors 1 31B. Arrangement with Commonwealth in relation to silent elector applications under s. 51B 1 34. Register of electors and other documents not invalid in particular cases 1 35. Public officers to give particular persons information to revise register of electors 1 35A. Electoral Commissioner may revise register of electors due to information received from Commonwealth or State 1 38. Regulation‑making power in relation to enrolment 1 40. Changes to register of electors 1 Division 3 — Enrolment 40A. When persons are enrolled 1 41. How persons may be enrolled 1 42. Form of claims 1 43. Claims of certain Cwlth electors to be taken to be in order 1 44. Essential parts of claims 1 44A. Enrolment of claimants and rejection of claims 1 45. Offences in relation to compulsory enrolment 1 46. Enrolment officer's functions in relation to entitlement of claimant considered insufficient or incorrect 1 Division 4 — Objections Subdivision 1 — To claims 47. Objections to claims 1 Subdivision 2 — To enrolment 48. Objections to enrolment 1 Subdivision 3 — Powers of Electoral Commissioner on appeal 49. Electoral Commissioner's powers 1 Division 5 — Miscellaneous 51. Removing repeated names and adjusting register of electors 1 51A. Persons who lack capacity to vote not to be on register of electors 1 51AA. Removal of name following declaration by SAT 1 51B. Silent electors 1 51C. Review of register of electors in relation to silent electors 1 52. Permitted alterations to register of electors 1 56. Registrar of Births, Deaths and Marriages to notify Electoral Commissioner of deaths in State 1 59. Electoral Commissioner to be informed about particular prisoners and detained persons 1 60. Changes to register of electors required due to information given under s. 56 and 59 1 61. General postal voters 1 62. Offences in relation to applications to be general postal voters 1 Division 6 — Accessing enrolment information 62A. Preparing register extracts for disclosure 1 62AA. Public inspection of register extracts 1 62AB. Disclosing particular information to members of Parliament and parliamentary parties 1 62AC. Disclosing particular information to persons other than parliamentary parties and members of Parliament 1 62AD. Disclosing enrolment information to government departments 1 62AE. Restricted use of information given under this Division 1 62AF. Restricted use of protected information given under this Division 1 Part IIIA — Registration of political parties 62B. Scope of Part 1 62C. Terms used 1 62CA. Membership requirements for qualification as eligible political party 1 62D. Register of political parties, Electoral Commissioner to keep etc. 1 62E. Applications for registration 1 62F. Variation of application, Electoral Commissioner may advise etc. 1 62G. Public notice of application to be given 1 62H. Registration of political party 1 62HA. Political party taken not to be registered for certain purposes 1 62I. Parliamentary party existing at 21 Oct 2000, registration of as political party 1 62J. Refusal of registration, grounds for etc. 1 62K. Amendment of register 1 62KA. Annual returns in relation to continued registration 1 62L. Cancellation of registration 1 62M. Public inspection and notice of register 1 62N. Review of decision under s. 62H, 62J or 62L 1 62O. False representation as to registration, offence 1 62P. Electoral Commissioner may request information from political party 1 62Q. Offences relating to information 1 62R. Certificate of Electoral Commissioner is evidence 1 Part IV — Elections Division 1 — Writs 64. General elections, issue of writs for 1 65. Writ issued under s. 64, 67 or 156E, notice of to be gazetted etc. 1 67. Vacancy in Assembly, issue of writ for etc. 1 68. Writ deemed to be issued at 6 p.m. on day of issue 1 69. Form and content of writs 1 69A. When close of rolls occurs after issue of writ 1 70. Rules for fixing close of nominations 1 71. Rules for fixing polling day 1 72. Last day for return of writ, rules for fixing 1 74. Writ to be addressed to Electoral Commissioner who is to forward copy to returning officer etc. 1 75. Advertisement of writ and other matters relating to election 1 76. Time fixed in writ, extending 1 Division 1A — Rolls for elections 76AA. Rolls for elections to be prepared 1 76AB. Altering or amending rolls after they are prepared 1 76AC. Supplementary rolls 1 76AD. Amalgamated rolls 1 76AE. Rolls not invalid in particular cases 1 76AF. Regulation‑making power in relation to preparing rolls 1 Division 2 — Nominations 76A. Who is qualified to be elected as member of Parliament 1 76B. Who is not qualified to be elected as member of Parliament 1 77. Rules about nominating candidates 1 78. Form and content of nominations 1 79. When returning officer may receive nominations 1 80. Grouping of candidates 1 80A. Lodging group claims with Electoral Commissioner 1 81. Nomination paper and deposit required for valid nomination 1 81A. Making and effect of party nominations 1 82. Withdrawing nominations 1 83. Nomination paper, effect of defects etc. in 1 84. Deposit by candidate, return or forfeiture of 1 85. Place of declaration of nominations 1 86. Close of nominations procedure for single member election 1 87. Close of nominations procedure for Council election where relevant number more than one 1 87A. Close of nominations, returning officer's other duties as to 1 88. Death of candidate after nomination 1 89. Failure and partial failure of election, when occurs and consequences of 1 Division 2A — Registration of how‑to‑vote cards 89A. How‑to‑vote cards 1 89B. When how‑to‑vote cards are suitable to be registered 1 89C. Applications to register how‑to‑vote cards 1 89D. Commissioner must register suitable how‑to‑vote cards 1 89E. Replacing registered how‑to‑vote cards 1 89F. Correcting errors identified by Electoral Commissioner in registered how‑to‑vote cards 1 89G. Cancelling registration of registered how‑to‑vote cards on request 1 89H. Nominating or changing accountable person for how‑to‑vote cards 1 89I. Publishing registered how‑to‑vote cards on Commission website 1 Division 3 — Procedural provisions about voting Subdivision 1 — Establishing places to vote 90. Appointing places in relation to voting 1 90A. Amending notices made under s. 90 1 90B. Certain buildings to be used for free 1 90C. Liquor not to be sold in licensed premises where people vote 1 90D. Officers and times to vote at mobile voting places 1 90E. Notice to be given in relation to mobile voting places 1 Subdivision 2 — Early voting days for elections 91. Rules for fixing early voting days 1 Subdivision 3 — Appointments and functions of persons in relation to holding an election 92. Returning officer's duties in relation to elections 1 92A. Electoral Commissioner and returning officers may appoint issuing officers 1 92B. Electoral Commissioner may give directions in relation to elections 1 92C. Appointing presiding officers and assistant presiding officers at polling places 1 92D. Substitute and assistant presiding officers 1 92E. Effect of failure to take poll if presiding officer is absent 1 92F. Appointment of scrutineers during polling 1 92G. Election campaign workers to have access to toilet facilities 1 92H. Responsibilities in relation to election campaign workers 1 92I. Returning officer may provide or require persons to wear identification 1 92J. Police at places to vote 1 92K. Candidate not to conduct election 1 Subdivision 4 — Requirements for places to vote 93. Duties for places to vote, ballot boxes and ballot papers 1 93A. Designated entrances for places to vote 1 93B. Returning officer to ensure separate voting compartments and pens or pencils are provided 1 93C. Ensuring access to rolls for elections 1 Subdivision 5 — Ballot papers 94. Providing ballot papers to places to vote 1 94A. Form and content of ballot papers generally 1 94B. Printing political party names on ballot papers 1 94C. Printing "Independent" on ballot papers 1 94D. Printing Council ballot papers 1 94E. Printing Assembly ballot papers 1 Division 3A — Voting Subdivision 1 — Entitlement to vote if person on roll 95. Person may vote if name on roll 1 Subdivision 2 — Polling places 96. Persons who may be at polling places 1 96A. Ballot box to be exhibited and sealed before voting commences 1 96B. When electors can vote at polling places 1 96C. Questions to be put to people claiming to vote at polling place 1 96D. Voting at polling place for person's district 1 Subdivision 3 — Absent and provisional voting at polling places 97. Term used: vote as a provisional voter 1 97A. Absent voting 1 97B. Provisional voting when required by officers 1 97C. Provisional voting when enrolled under s. 47 1 97D. Provisional voting when not on or removed from roll 1 97E. Provisional voting when name cannot be found on roll 1 97F. Provisional voting if record made that person has received ballot paper 1 97G. Provisional voting if person applies to enrol on day on which they intend to vote 1 97H. Declaration made under this Subdivision sufficient for elections that have same polling day 1 97I. Regulations about absent and provisional voting 1 Subdivision 4 — How to vote 98. Terms used 1 98A. Giving ballot papers to persons who have right to vote or who made declarations 1 98B. Method of voting at polling place 1 98C. How ballot paper is to be marked by voter for single member election 1 98D. Marking ballot paper for Council election where relevant number is more than one if at least 1 above‑the‑line square 1 98E. Voting in below‑the‑line‑squares or if no above‑the‑line squares 1 98F. Assisting particular voters to vote at polling place 1 98G. Person with physical impairment voting at place near polling place 1 98H. Spoilt ballot papers 1 98I. Rules for ballot boxes and rolls at close of poll 1 Subdivision 5 — Voting at mobile voting places 99. Persons who may be at mobile voting places 1 99A. When electors can vote at mobile voting places 1 99B. Voting at mobile voting places to be generally conducted consistently with voting at polling places 1 Subdivision 6 — Postal voting 100. Terms used 1 100A. Fixing day for commencement of postal application period 1 100B. Postal vote applications 1 100C. Dealing with postal vote applications 1 100D. Sending postal ballot papers 1 100E. Replacing postal ballot papers 1 100F. Informing political parties and candidates of postal voters 1 100G. Method of postal voting 1 100H. Return of postal ballot paper unopened by elector 1 100I. Assisting elector to vote by postal voting 1 100J. Offence to sign declaration as another person 1 100K. Postal voting in particular places 1 100L. Electoral Commissioner must store postal ballot papers until scrutinised 1 100M. Preliminary scrutiny of declarations relating to postal ballot papers 1 100N. Decisions in relation to postal ballot papers subject to review by Court of Disputed Returns 1 100O. Dealing with postal ballot papers 1 100P. Offences in relation to postal vote applications and applications to be general postal voter 1 100Q. Offences about influencing persons in relation to postal voting 1 100R. Offence about false statements in relation to postal voting 1 100S. Offences about marking postal ballot papers 1 100T. Offences about custody of documents 1 100U. Regulations about postal voting 1 100V. Electors enrolled under s. 47 who vote by postal voting taken to have made declaration 1 Subdivision 7 — Technology assisted voting 101. Terms used 1 101A. Electoral Commissioner may approve procedures for technology assisted voting 1 101B. Record of vote 1 101C. Independent auditing of technology assisted voting 1 101D. Scrutineers 1 101E. Counting of technology assisted votes 1 101F. Secrecy relating to technology assisted voting 1 101G. False or misleading statements in relation to technology assisted voting 1 101H. Protection of computer hardware and software 1 101I. Regulations relating to technology assisted voting 1 101J. How this Act applies in relation to technology assisted voting 1 101K. Electoral Commissioner may determine that technology assisted voting is not to be used 1 101L. Eligible electors enrolled under s. 47 who vote by means of technology assisted voting taken to have made declaration 1 Subdivision 8 — Visiting electors who need assistance 102. Application of Subdivision 1 102A. Issuing officer not to visit elector to take vote unless under Subdivision 1 102B. Visiting electors to take vote 1 102C. Giving electors ballot papers 1 102D. Method of marking ballot paper 1 102E. Dealing with envelope received under s. 102D 1 102F. Offence to sign declaration as another person 1 Subdivision 9 — Adjourning and postponing voting 103. Adjourning and postponing polling 1 103A. Voting after postponed or adjourned polling 1 Division 4 — Counting of votes (general) 134. Rules for conducting count of votes 1 135. Adjournment of count etc. to be announced 1 136. Ballot papers to be sealed in boxes before adjournment 1 Division 4A — Scrutiny and count (Assembly elections) 136A. Application of Division 1 137. Appointment of scrutineers 1 138. Scrutineers, submissions by etc. 1 139. Informal ballot papers defined 1 140. Elector's intention to be given effect 1 140A. Some ballot papers with non‑consecutive preferences can be formal 1 141. Counting places 1 142. Procedure for count of votes by assistant returning officers 1 142A. Counting postal, absent and provisional votes 1 143. Returning officer to ascertain number of votes for each candidate 1 144. Procedure for counting votes 1 145. Equal votes, procedure in case of etc. 1 146. When re‑count may be conducted 1 Division 4B — Scrutiny and count (Council elections) 146A. Application and construction of Division 1 146B. Rules about officers and counting places 1 146C. Appointment of scrutineers 1 146D. Scrutineers, submissions by etc. 1 146E. Informal ballot papers 1 146EA. Formal votes for individual candidates 1 146EB. Formal votes for groups 1 146EC. Treatment of ballot papers of electors who have voted above the line 1 146G. Procedure for count of votes by assistant returning officers 1 146H. Procedure for count of votes 1 146I. Procedure for count of votes by returning officers 1 146J. Re‑count, when may be conducted etc. 1 Division 5 — Declaration of poll and return of the writ 147. Declaration of poll and certification and return of writ 1 148. Election not to be questioned on certain grounds 1 149. Informality in election, Governor's powers as to 1 149A. Election of unqualified or disqualified person void 1 Division 6 — After the poll 149B. Term used: document 1 150. Dealing with statistical returns and rolls 1 151. Returning officer to provide other election material to Electoral Commissioner 1 152. Keeping election material 1 153. Disclosure or production of rolls used in election to candidates 1 154. Election papers, production of to Court of Disputed Returns; purposes for which they can be used restricted 1 155. Destruction of election papers 1 155AA. Election papers used for referendum etc., use of and destruction of afterwards 1 Division 7 — Voting to be compulsory 155AB. Terms used 1 156. Electors' voting obligations 1 156AA. Evidentiary certificate for s. 156 proceedings 1 Part IVA — Filling vacancies in the Council 156A. Terms used 1 156B. Vacancy in Council, Governor to be notified of etc. 1 156C. Electoral Commissioner's duties when informed of vacancy; nominations of candidates for vacancy being filled by re‑count 1 156D. Procedure at close of nominations if vacancy being filled by re‑count 1 156E. Vacancy being filled by fresh election, writ for 1 Part V — Disputed returns 157. Validity of election or return, how to dispute 1 158. Content of petition to Court of Disputed Returns 1 159. Return of writ, presumed date of 1 160. Security for costs, petitioner to give 1 161. No proceedings on petition unless it complies with law 1 162. Court's powers on petition 1 163. Court's functions in relation to status of roll and electors' entitlement to be included on roll 1 164. Bribery etc. by candidate or illegal practice, voiding election in case of 1 165. Illegal practice, Court to report to Electoral Commissioner 1 166. Delays and immaterial errors not to vitiate election 1 167. Court's decision is final 1 168. Copies of petition etc. to be sent to House affected 1 169. Costs 1 170. Security for costs, how to be dealt with 1 171. Other costs 1 172. Effect of Court's decision 1 173. Rules of Court for this Part 1 174. Election of MLC on re-count, application of this Part to 1 Part 6 — Electoral finance and disclosure of political contributions, income and expenditure Division 1 — Preliminary 175. Terms used 1 175AA. Electoral expenditure and when it is incurred in relation to election and capped expenditure period 1 175AB. Gifts 1 175AC. Recalculation of amounts under Part 1 175A. Interpretation of this Part 1 Division 2 — Agents 175B. Agent of political party, appointment of 1 175C. Agents of candidates 1 175CA. Agents of members of Council or Assembly 1 175D. Agents of groups 1 175DA. Agents of third‑party campaigners 1 175E. Appointing agents for political entities other than associated entities 1 175F. Agent of political party, registration of 1 175G. Agent of political party, appointment of has no effect if not on register 1 175H. Agent of political party, removing from register 1 175I. Agent of political party, evidence of appointment of 1 175J. No agent of political party, who has Div. 3 duties in case of 1 175K. Ending appointment of agents for political entities other than political parties and associated entities 1 Division 2A — Electoral funding 175LA. Terms used and interpretation 1 175LB. Higher reimbursement amount and lower reimbursement amount 1 175LC. Registered political party opting in and out of receiving higher reimbursement amount 1 175LCA. Non‑party candidates may opt in and out of receiving higher reimbursement amount 1 175LCB. Publishing information about who has opted in to receive higher reimbursement amount 1 175LCC. Entitlement to election funding reimbursement amount 1 175LD. Claim for payment, requirement for and making etc. 1 175LE. Electoral Commissioner to determine claims 1 175LF. Circumstances in which payment to be made 1 175LG. Amount paid not to exceed electoral expenditure 1 175LH. Payments to be made in respect of claims 1 175LI. Decision as to payment, revoking and re‑making 1 175LJ. Payments to be made in respect of candidate who died 1 175LK. Appropriation for payments under this Division 1 Division 2B — State campaign accounts 175LL. Terms used 1 175LM. State campaign accounts to be kept for electoral expenditure 1 175LN. Notifying Electoral Commissioner about State campaign accounts 1 175LO. Money in State campaign accounts 1 175LP. Electoral expenditure to be paid out of State campaign accounts 1 175LQ. Lodging annual returns in relation to State campaign accounts 1 175LR. Candidates to pay amounts out of State campaign accounts after candidate terminating events 1 175LS. Members to pay amounts out of State campaign accounts after member terminating events 1 175LT. Groups to pay amounts out of State campaign accounts after group terminating events 1 175LU. Political parties to pay amounts out of State campaign accounts after party terminating events 1 175LV. Third‑party campaigners to pay amounts out of State campaign accounts after campaigner terminating events 1 Division 3 — Disclosure of political contributions and other income 175M. Relevant details of political contributions 1 175MA. Disclosure of political contributions that are, or that are in combination, more than specified amount 1 175MC. Publication of information in notices on Commission website 1 175N. Political parties to lodge annual return of political contributions and other income 1 175NA. Associated entities to lodge annual return of political contributions and other income 1 175O. Candidates to lodge return of gifts received during disclosure period 1 175P. Groups to lodge return of gifts received during disclosure period 1 175Q. Third‑party campaigners to lodge return of gifts received during disclosure period 1 175R. Political contributions not to be accepted unless identity known, or believed to be known 1 175S. Reporting of political contributions under certain provisions required even if no details are required to be included in return 1 Division 3A — Prohibition on receiving foreign contributions 175SAA. Terms used 1 175SAB. Particular political entities not to accept foreign contributions 1 175SAC. Third‑party campaigners not to receive foreign contributions 1 175SAD. Recovery of foreign contribution 1 175SAE. False affirmation or information about being foreign donor 1 175SAF. Offence to enter scheme to receive foreign contribution not permitted under Division 1 Division 4 — Disclosure of electoral expenditure 175SAG. Term used: expenditure disclosure period 1 175SA. Return required for political party's electoral expenditure 1 175SB. Return required for candidate's electoral expenditure 1 175SC. Return required for group's electoral expenditure 1 175SD. Return required for third‑party campaigner's electoral expenditure 1 175SE. Reporting of expenditure under certain provisions required even if no details are required to be included in return 1 175SF. Two or more elections on one day, one return may be lodged in case of 1 Division 4A — Caps on electoral expenditure in relation to elections Subdivision 1 — Preliminary 175SG. Terms used 1 175SH. When incurring electoral expenditure is permitted in relation to election 1 175SI. Certain electoral expenditure taken to be incurred by or with authority of political party or group 1 Subdivision 2 — Expenditure caps for particular elections 175SJ. Expenditure caps for conjoint elections 1 175SK. Expenditure caps for Council elections not part of conjoint elections 1 175SL. Expenditure caps for elections in districts not part of conjoint elections 1 Subdivision 3 — Additional expenditure caps for political parties and third‑party campaigners 175SM. Expenditure caps for electoral expenditure on particular district 1 175SN. Expenditure cap in relation to candidates for Legislative Council 1 Subdivision 4 — Miscellaneous 175SO. Recovery of electoral expenditure not permitted to be incurred under Division 1 175SP. Offence to incur electoral expenditure not permitted under Division 1 175SQ. Offence to enter scheme to incur electoral expenditure not permitted under Division 1 Division 4B — Registration of third‑party campaigners 175SR. Particular third‑party campaigners to be registered 1 175SS. Third‑party campaigners register 1 175ST. Application to be registered 1 175SU. Decision and registration 1 175SV. Updating details on third‑party campaigners register 1 175SW. Cancelling registration 1 Division 5 — Miscellaneous 175T. Terms used 1 175U. Offences 1 175V. Payments due to State, recovery of 1 175W. Investigative powers for this Part 1 175X. Lodging incomplete disclosure documents 1 175Y. Extension of time to lodge annual return 1 175Z. Verifying information in disclosure documents 1 175ZA. Non‑compliance with Part does not affect election 1 175ZB. Amending disclosure documents and claims 1 175ZC. Public availability of documents under this Part 1 175ZD. Unincorporated party, proceedings against 1 175ZE. Public agencies to report on certain expenditure 1 175ZF. Regulations for this Part 1 175ZG. Annual report by Electoral Commissioner 1 Part VII — Electoral offences 179. Purpose of this Part 1 180. Term used: breach or neglect of official duty 1 181. Offence of bribery 1 182. Term used: bribery 1 183. Offence of undue influence 1 184. Term used: undue influence 1 185. Exception to what is bribery or undue influence 1 186. Disqualification for bribery or undue influence 1 187. Illegal practices defined 1 187A. Intentionally rendering person unable to vote etc. 1 187B. Electoral advertisement on internet, when publishing is an illegal practice 1 188. Offences and penalties for illegal practices 1 189. Gift etc. by candidate to club etc., offence in some cases 1 190. Electoral offences and punishments 1 191. False statement in electoral paper 1 191A. Misleading or deceptive publication 1 191B. Prohibition on distributing or publishing unregistered how‑to‑vote cards 1 191C. Registered how‑to‑vote cards with errors not to be published or distributed 1 191D. Presiding officer may inspect and confiscate documents in relation to how‑to‑vote cards 1 192. Prohibited acts in or near particular places to vote 1 192A. Loud speakers etc., use of during polling hours 1 193. Person not to conduct petitions, polls or surveys at polling places and mobile voting places or in voting areas 1 194. Failure to transmit claim for enrolment 1 195. Electoral Commissioner may require information for particular purposes 1 196. Employer to allow employee leave of absence to vote 1 197. Removing misbehaving persons from places to vote 1 198. Re‑entering places to vote after being removed 1 199. Incurring unauthorised electoral expense on behalf of a candidate 1 199A. Interfering with political liberty 1 200. Illegal practice committed indirectly etc., liability for 1 201. Attempt to commit offence 1 202. Evidentiary provision 1 205. Summary offences and time limit for prosecutions 1 206. The Criminal Code Ch. XIV not to apply to parliamentary elections 1 Part VIII — Miscellaneous 206A. Persons who lack capacity to vote 1 206B. Revoking lack of capacity notice 1 207. Who may witness signatures and take declarations 1 208. Service of notices 1 209. Electoral papers sent by post, deemed service of 1 210. Electronic communication of electoral matter permitted 1 211A. Certain documents may be transmitted electronically 1 211. Person unable to write may make mark 1 212. Forms, compliance requirements 1 213. Regulations generally 1 213A. Regulations affecting certain candidates 1 Part 9 — Transitional provisions Division 1 — Transitional provisions for Constitutional and Electoral Legislation Amendment (Electoral Equality) Act 2021 215. Terms used 1 216. Vacancies and representation in Legislative Council 1 217. Continued registration of existing parties 1 Division 2 — Transitional provisions for Electoral Amendment (Finance and Other Matters) Act 2023 Subdivision 1 — Transitional provisions commencing on day after Royal Assent of Electoral Amendment (Finance and Other Matters) Act 2023 218. Terms used 1 219. Pre‑commencement registered parties opting in to receive higher reimbursement amount 1 220. Elected non‑party members opting in to receive higher reimbursement amount for next election after amount change day 1 221. Independent candidates may opt in to receive higher reimbursement amount for next post‑change election 1 222. Independent candidates may opt in to receive higher reimbursement amount for that election held after amount change day 1 223. Publishing information about who has opted in to receive higher reimbursement amount 1 Subdivision 2 — Transitional provisions commencing on 1 July 2024 224. Terms used 1 225. Former provisions apply if election occurring at commencement 1 226. Persons on rolls before commencement taken to be enrolled on register of electors on commencement day 1 227. Claims for enrolment before commencement 1 228. Enrolment before commencement day taken to be entry of name on register of electors 1 229. Pre‑commencement arrangements made under former s. 31, 31A and 31B continue 1 230. Silent electors 1 231. Registration of general early voters continues as general postal voters 1 232. Approved procedures for technology assisted voting 1 233. State campaign accounts 1 234. Transitional regulations 1 Division 3 — Transitional provisions for Electoral Amendment (Names of Registered Political Parties) Act 2024 Subdivision 1 — Preliminary 235. Terms used 1 236. Application of s. 62J(6) to (6C) 1 Subdivision 2 — Name of political party that applied for registration before commencement day 237. Dealing with ongoing application if name or abbreviation contains relevant word 1 238. Process if applicant requests variation of ongoing application to change name or abbreviation 1 239. Refusal of registration 1 240. Review 1 Subdivision 3 — Name of political party registered before commencement day 241. Earlier registered word and earliest registered party 1 242. Party registered before commencement day with earlier registered word in name or abbreviation 1 243. Process for application to change registered name or registered abbreviation under s. 242(3)(b) 1 244. Cancellation of registration 1 245. Review 1 Subdivision 4 — Miscellaneous 246. Application of offence under s. 62Q(1) 1 247. Electronic transmission of documents 1 248. Electoral Commissioner to act expeditiously and complete required processes by 17 January 2025 1 249. Division does not affect operation of s. 62H(3) or 62L(6) 1 Schedule 1 Counting of votes at Council elections Schedule 2 Ballot procedure Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Electoral Act 1907 An Act to regulate parliamentary elections and for related purposes. [Long title amended: No. 64 of 2006 s. 12.] Part I — Preliminary 1. Short title This Act may be cited as the Electoral Act 1907. 2. Commencement This Act shall come into operation on 1 March 1908. [3. Deleted: No. 10 of 1998 s. 76.] 4. Terms used (1) In this Act, unless the contrary intention appears — above‑the‑line square, in relation to a ballot paper for a Council election, means a square that is printed on the ballot paper under section 94D(6)(b)(ii); absent voter means any person who votes under section 97A(2); accountable person, for a how‑to‑vote card, means — (a) the person who is named under section 89C(4)(d) in the application for the how‑to‑vote card; or (b) the person who is the accountable person for the how‑to‑vote card under section 89H(2); or (c) if paragraphs (a) and (b) do not apply and the card is distributed on behalf of a political party — the secretary of the party; or (d) in any other case — the distributor of the how‑to‑vote card identified in the application for the how‑to‑vote card under section 89C(4)(b); amalgamated roll has the meaning given in section 76AD(1); approved form means a form that — (a) is approved by the Electoral Commissioner; and (b) has been published by the Electoral Commissioner by any means (including on the Commission website) that the Electoral Commissioner thinks fit; Assembly means the Legislative Assembly; assistant returning officer means an assistant returning officer appointed under section 141(5); Australian citizen has the meaning given in the Australian Citizenship Act 2007 (Commonwealth) section 4; below‑the‑line square, in relation to a ballot paper for a Council election that has at least 1 above‑the‑line square printed on the ballot paper, means a square that is printed on the ballot paper under section 94D(6)(a); business day means a day other than a Saturday, a Sunday or a public holiday; candidate, in Parts II and VII, includes any person who, within 3 months before polling day in an election, publicly announces that they will be a candidate in the election; close of nominations means the time a writ fixes under section 69(a) for an election; close of the roll means the time stated in section 69A; Commission website means a website maintained by or on behalf of the Electoral Commissioner; conjoint election means a general election for the Council and the Assembly that both have the same polling day pursuant to writs issued on the same day; constitution, in relation to a political party, means a written set of principles and rules (however described) under which the party is governed; Council means the Legislative Council; Council ballot paper means a ballot paper used in a Council election; Council election means a general election or other election for the Council; counting place means — (a) a polling place that is a counting place under section 141(1); or (b) a place appointed to be a counting place under section 141(2); Deputy Electoral Commissioner means the person holding or acting in the office of Deputy Electoral Commissioner referred to in section 5A; designated entrance, for a mobile voting place or polling place, means an entrance designated under section 93A(1) or (2); disclose includes to give and give access to; district means an electoral district for the election of a member of the Assembly; early polling place means a polling place appointed under section 90(1)(c)(i) as a place at which a person may vote in an election on an early voting day for the election; early voting days, for an election, means the early voting days for the election fixed under section 91; elected member means a member of the Council or the Assembly; election means a Council election or an election in a district; election campaign worker — (a) means a person who works or volunteers for a candidate, group or political party at a place to vote or a counting place; and (b) includes a scrutineer; election year, in relation to a periodic election, means the year in which the writ for the periodic election is issued; elector means a person who is enrolled; Note for this definition: Under section 17AA(2), a person who is entitled to be enrolled under section 17AA(1) is taken not to be an elector until the person attains 18 years of age. electoral address, in relation to an elector, means the address entered on the register of electors under section 40A(c) or (d) in relation to the elector; Electoral Commissioner means the Electoral Commissioner appointed under this Act; endorsed candidate means a candidate in an election who has been endorsed by a political party; Note for this definition: See also subsection (4C). enrolled has the meaning given in section 40A; Note for this definition: See also subsection (4B) in relation to persons enrolled in the district. enrolment information means — (a) a register extract; or (b) information on the register; or (c) a roll; or (d) other information relating to electors; enrolment officer means an officer who the Electoral Commissioner directs to enrol persons on the register of electors and perform the other functions of an enrolment officer; error notice has the meaning given in section 89F(2); expiry year means a year in which an Assembly, if it is not previously dissolved, will expire by effluxion of time; general election — (a) in relation to the Assembly, means the elections in the districts the writ for which is issued under section 64(1) or (2); (b) in relation to the Council, means the election for the Council the writ for which is issued under section 64(3); general postal voter has the meaning given in section 61(1); group means a group constituted in accordance with section 80; how‑to‑vote card has the meaning given in section 89A; illegal practices has the meaning given in section 187(1); issuing officer means each of the following persons — (a) the Electoral Commissioner; (b) the Deputy Electoral Commissioner; (c) a returning officer; (d) a person appointed under section 15; (e) a person employed in the Western Australian Electoral Commission; (f) a person appointed to be an issuing officer under section 92A; lack of capacity notice has the meaning given in section 206A(3); mental impairment means any of, or a combination of, the following — (a) an intellectual disability; (b) a mental illness as defined in The Criminal Code section 1(1); (c) an acquired brain injury; (d) dementia; mobile voting officer, for a mobile voting place, means the presiding officer and other officer appointed for the mobile voting place under section 90D(1); mobile voting place means a place appointed as a mobile voting place under section 90(1)(d) or (e); mobile voting times, for a mobile voting place, means the times decided under section 90D(3)(b) for the mobile voting place; non‑party candidate means a candidate in an election who is not an endorsed candidate; officer includes all persons appointed to any office under this Act or in the Western Australian Electoral Commission, or exercising any power or discharging any duty under this Act; official agent has the meaning given in section 4AA; official paper has the meaning given in section 94A(2); parliamentary party means a political party of which at least 1 member is a member of the Council or the Assembly; periodic election means — (a) a general election for the Assembly the writ for which is issued under section 64(2); or (b) any general election for the Council; permitted purpose means — (a) for a member of the Council or the Assembly — (i) performing the member's functions; or (ii) a purpose connected with an election or referendum; or (iii) monitoring the accuracy of information in the register of electors or a roll; or (iv) researching in relation to electoral matters; and (b) for a parliamentary party — (i) assisting a member of the Council or the Assembly to perform the member's functions; or (ii) a purpose connected with an election or referendum; or (iii) monitoring the accuracy of information in the register of electors or a roll; or (iv) researching in relation to electoral matters; and (c) for a person to whom enrolment information is disclosed under section 62AC — the purpose for which the Electoral Commissioner agreed to disclose the enrolment information; and (d) for a person employed in a department or an organisation referred to in section 62AD to whom enrolment information is disclosed under that section — performing functions of that department or organisation; place to vote means a polling place or mobile voting place; political party means — (a) a body corporate or other body or organisation (not being a body corporate or other body or organisation described in paragraph (b)) having as one of the objects or activities of the body or organisation the promotion of the election to the Parliament of this State of an endorsed candidate; or (b) the branch or division for this State of a body corporate or other body or organisation which — (i) is organised on a basis that includes this State and another State or Territory or other States or Territories; and (ii) has a branch or division for this State; and (iii) has as one of the objects or activities of the body or organisation the promotion of the election to the Parliament of this State of an endorsed candidate; Note for this definition: See also subsection (4D). polling day has the meaning given in section 69(b); polling place means any building or structure in which the polling at elections is appointed to take place under section 90(1)(a) or (b); postal ballot paper has the meaning given in section 100D(2)(a); postal voting means voting by means of a postal ballot paper; President means the President of the Legislative Council; presiding officer — (a) for a polling place — means the person appointed as the presiding officer for the polling place under section 92C(1)(a); or (b) for a mobile voting place — means the person appointed as the presiding officer for the mobile voting place under section 90D(1)(a); primary residential address, of a person, means the address of the person's sole or principal place of residence; Note for this definition: See also subsections (4) and (4A). prison means a prison within the meaning of that expression as defined by section 3 of the Prisons Act 1981; referendum means the submission of a question to the electors pursuant to an Act but does not include an election under this Act, and a reference to an election being held on the same day as a referendum is a reference to the polling at an election being conducted on the day on which the votes of the electors are taken for the purposes of a referendum; register extract has the meaning given in section 62A(1); registered how‑to‑vote card means a how‑to‑vote card that is registered under Part IV Division 2A; registered officer, of a political party, means — (a) the secretary of the party; or (b) another person registered as a registered officer in the register of political parties; registered political party means a political party that is registered in the register of political parties; register of electors has the meaning given in section 19(1); register of political parties means the register kept under section 62D; Registrar of Births, Deaths and Marriages means the Registrar of Births, Deaths and Marriages referred to in the Births, Deaths and Marriages Registration Act 1998 section 5; relevant citizenship law means the Australian Citizenship Act 1948 1 of the Commonwealth, as amended and in force immediately before the day fixed by proclamation for the purposes of section 2(2) of the Australian Citizenship Amendment Act 1984, of the Commonwealth, and the regulations in force immediately before that day under the Australian Citizenship Act 1948 of the Commonwealth 1, as so amended and in force; relevant number, in relation to a Council election, means the number of members of the Council that are to be returned at the election; returning officer means a returning officer appointed under section 6(1); Note for this definition: See also subsection (7). roll means a roll prepared for an election under section 76AA(1); scrutineer means a person appointed as a scrutineer under section 92F, 101D(1), 137(1), 146C or 156D(11); secretary, in relation to a political party, means — (a) the person who holds the office of secretary or chief administrative officer (however described) of the party; or (b) a person acting on behalf of the person mentioned in paragraph (a); silent elector means an elector — (a) whose application to be a silent elector is granted under section 51B(3); and (b) whose status as a silent elector is not revoked under section 51C(3); Note for this definition: A person who is enrolled under section 17AA(1) is taken, under section 17AA(2)(c), to be a silent elector until the person attains 18 years of age. single member election means — (a) an election in a district; or (b) a Council election where the relevant number is one; Speaker means the Speaker of the Legislative Assembly; suitable to be registered, in relation to a how‑to‑vote card, has the meaning given in section 89B; supplementary roll means a supplementary roll made under section 76AC(1); vote record has the meaning given in section 101B(1); voting area, in relation to a place to vote, means the voting area fixed under section 90(1)(f) for the place; whole of State electorate has the meaning given in section 16C(1); writ means a writ directing the Electoral Commissioner to proceed with an election in a district, elections in all the districts or a Council election. (2) A reference in this Act to a poll for a district or an election in or for a district is a reference to a poll or an election for the return by a district of a member of the Assembly. (3) A reference in this Act to a poll or election for the Council is a reference to a poll or election for the return by the whole of State electorate of a member or members, as the case may require, of the Council but does not include the election of a member of the Council under sections 156C and 156D. (4) A reference in this Act to a person living within a district is a reference to the person's primary residential address being in the district, even if the person is not always living in the district. (4A) A reference in this Act to a person's primary residential address in relation to a person who is serving a sentence of imprisonment for an offence or is otherwise in lawful custody or detention in relation to an offence — (a) is a reference to the person's primary residential address before the person's imprisonment, custody or detention; and (b) is not a reference to the place of imprisonment, custody or detention. (4B) For the purposes of this Act, a person is enrolled for a district if the person's electoral address is in the district. (4C) In this Act — (a) a reference to an endorsed candidate of a political party includes a reference to a candidate endorsed by a body or organisation of which the party forms part or by a division of the party; and (b) a reference to the endorsement by a political party of a candidate or group in an election includes a reference to the endorsement of that candidate or group by a body or organisation of which the party forms part or by a division of the party. (4D) A reference in this Act to a political party, other than a reference to an endorsed candidate of the party or the endorsement by the party of a candidate or group in an election, does not include a reference to a part of the party. (5) A reference in this Act to the functions of the Electoral Commissioner or the Deputy Electoral Commissioner is a reference to the person's functions under this Act and other written laws. (6) A reference in this Act to the functions of a returning officer is a reference to the returning officer's functions under this Act. (7) A reference in this Act to the returning officer, without reference to the returning officer being for the whole of State electorate or a district, is a reference to — (a) in relation to an election in a district — the returning officer for the district; or (b) in relation to a Council election — the returning officer for the whole of State electorate. (8) A reference in this Act to a Commonwealth subdivision is — (a) a reference to a Subdivision as defined in the Commonwealth Electoral Act 1918 section 4(1); or (b) a reference to a Division as defined in the Commonwealth Electoral Act 1918 section 4(1) that is not divided into Subdivisions under that Act. [Section 4 amended: No. 44 of 1911 s. 2; No. 63 of 1948 s. 3; No. 34 of 1953 s. 2; No. 51 of 1962 s. 2; No. 33 of 1964 s. 4; No. 68 of 1964 s. 3; No. 28 of 1970 s. 3; No. 39 of 1979 s. 4 and 5; No. 9 of 1983 s. 3 and 29; No. 54 of 1983 s. 2; No. 66 of 1983 s. 3; No. 104 of 1985 s. 3; No. 40 of 1987 s. 17 and 84; No. 14 of 1996 s. 4; No. 43 of 1996 s. 4; No. 36 of 2000 s. 4, 28(1), 43, 62, 67 and 82; No. 64 of 2006 s. 13; No. 7 of 2009 s. 4; No. 49 of 2011 s. 4; No. 35 of 2012 s. 4; No. 14 of 2016 s. 4; No. 20 of 2021 s. 10 and 94; No. 30 of 2023 s. 4.] 4AA. Official agents for the appointment of scrutineers (1) The following people are official agents for the purpose of the appointment of scrutineers under sections 92F, 101D(1), 137, 146C and 156D(11) — (a) in the case of an endorsed candidate of a registered political party not included in a group — a registered officer of the registered political party; (b) in the case of a candidate not included in a group other than a candidate referred to in paragraph (a) — a person nominated by the candidate; (c) in the case of a candidate included in a group in which each of the candidates is an endorsed candidate of the same registered political party — a registered officer of the registered political party; (d) in the case of a candidate included in a group other than a group referred to in paragraph (c) — a person nominated by all of the candidates; (e) in the case of a group in which all of the candidates are endorsed candidates of the same registered political party — a registered officer of the registered political party; (f) in the case of a group other than a group referred to in paragraph (e) — a person nominated by all the candidates. (2) A nomination for the purposes of subsection (1)(b), (d) or (f) must be made by notice in an approved form given to the Electoral Commissioner. (3) A nomination for the purposes of subsection (1)(b), (d) or (f) may be withdrawn by a candidate by notice in an approved form given to the Electoral Commissioner. [Section 4AA inserted: No. 14 of 2016 s. 5; amended: No. 30 of 2023 s. 5.] Part II — Administration 4A. Western Australian Electoral Commission, nature of The department of the Public Service of the State through which this Act is administered shall be known as the Western Australian Electoral Commission. [Section 4A inserted: No. 40 of 1987 s. 18.] 5. Electoral Commissioner, office of established There shall be an Electoral Commissioner. [Section 5 inserted: No. 40 of 1987 s. 19.] 5A. Deputy Electoral Commissioner, office of established There shall be a Deputy Electoral Commissioner. [Section 5A inserted: No. 40 of 1987 s. 19.] 5B. Appointment of Electoral Commissioner and Deputy Electoral Commissioner (1) In this section and sections 5C and 5E Electoral Commissioner includes Deputy Electoral Commissioner. (2) The Electoral Commissioner must be appointed by the Governor on the recommendation of the Premier, and holds office in accordance with this Act. (3) Before making a recommendation under subsection (2) the Premier must consult with the parliamentary leader of each parliamentary party. (4) A person appointed as the Electoral Commissioner holds office for such term not exceeding 9 years as is specified in the instrument of appointment, and is eligible for reappointment. (5) The Electoral Commissioner may resign from office by written notice signed by the Electoral Commissioner and given to the Governor. (6) The resignation takes effect and the office is vacated — (a) if a day for the resignation to take effect is specified in the written notice and that day is after the day on which the Governor receives the written notice — on the specified day; or (b) otherwise — when the Governor receives the written notice. (7) Subject to the Salaries and Allowances Act 1975, the Electoral Commissioner shall be paid a salary at such rate as the Governor may determine; and the rate of that salary shall not, without the consent of the Electoral Commissioner, be reduced during the term of office of the Electoral Commissioner. (8) The salary payable to the holder of the office of Electoral Commissioner under this section shall be charged to the Consolidated Account which, to the necessary extent, is hereby appropriated accordingly. (9) The Electoral Commissioner is entitled to such leave of absence and such travelling and other allowances as the Governor determines. (10) A person who is or has been a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as Electoral Commissioner, and if the Electoral Commissioner is nominated for election for the Parliament of the Commonwealth, or any other State, or a Territory the office of Electoral Commissioner becomes vacant. (11) The Electoral Commissioner is guilty of misconduct for the purposes of section 5C(2)(d) if — (a) the Electoral Commissioner does any of the following actions (each a relevant action) — (i) hold any office of profit or trust (other than the office as Electoral Commissioner); (ii) engage in any occupation for reward outside the duties of the office; and (b) the relevant action is not authorised by resolutions of both Houses of Parliament. (12) Section 52 of the Interpretation Act 1984 does not apply to the office of Electoral Commissioner. [Section 5B inserted: No. 40 of 1987 s. 20; amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 42 of 1997 s. 8; No. 77 of 2006 s. 4; No. 30 of 2023 s. 6.] 5C. Electoral Commissioner or Deputy Electoral Commissioner, suspension or removal of (1) The Electoral Commissioner may, at any time, be suspended or removed from the office by the Governor on addresses from both Houses of Parliament. (2) Where the Governor is satisfied that the Electoral Commissioner — (a) is incapable of properly performing the duties of the office; or (b) is incompetent to properly perform, or has neglected, those duties; or (c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (d) has been guilty of misconduct, the Governor may suspend the Electoral Commissioner from the office. (3) When the Electoral Commissioner has been suspended from the office under subsection (2) the Electoral Commissioner must be restored to office unless — (a) a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and (b) each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days of that statement being so laid, passes an address praying for the Electoral Commissioner's removal from the office. [Section 5C inserted: No. 40 of 1987 s. 20; amended: No. 18 of 2009 s. 34; No. 30 of 2023 s. 182.] 5D. Appointment of Acting Commissioners (1) The Governor, on the recommendation of the Premier, may appoint an Acting Electoral Commissioner to act in the office of the Electoral Commissioner — (a) when the Electoral Commissioner is absent from duty for any reason or is absent from the State; or (b) when the Electoral Commissioner has been suspended; or (c) when the office of Electoral Commissioner is vacant. (2) Before making a recommendation under subsection (1) the Premier must consult with the parliamentary leader of each parliamentary party. (3) While the Acting Electoral Commissioner is so acting — (a) the Acting Electoral Commissioner may perform the functions of the Electoral Commissioner, and anything done by the Acting Electoral Commissioner in so performing those functions has the like effect as if it were done by the Electoral Commissioner; (b) any act or thing that is required under a written law to be done to, by reference to or in relation to the Electoral Commissioner must be regarded as effectually done if done to, by reference to or in relation to the Acting Electoral Commissioner. (4) The Governor, on the recommendation of the Premier, may appoint an Acting Deputy Electoral Commissioner to act in the office of the Deputy Electoral Commissioner — (a) when the Deputy Electoral Commissioner is absent from duty for any reason or is absent from the State; or (b) when the Deputy Electoral Commissioner is acting in the office of Electoral Commissioner under section 5H(2); or (c) when the Deputy Electoral Commissioner has been suspended; or (d) when the office of Deputy Electoral Commissioner is vacant. (5) Before making a recommendation under subsection (4) the Premier must consult with the parliamentary leader of each parliamentary party. (6) While the Acting Deputy Electoral Commissioner is so acting — (a) the Acting Deputy Electoral Commissioner may perform the functions of the Deputy Electoral Commissioner, and anything done by the Acting Deputy Electoral Commissioner in so performing those functions has the like effect as if it were done by the Deputy Electoral Commissioner; (b) any act or thing that is required under a written law to be done to, by reference to or in relation to the Deputy Electoral Commissioner must be regarded as effectually done if done to, by reference to or in relation to the Acting Deputy Electoral Commissioner. [Section 5D inserted: No. 40 of 1987 s. 20; amended: No. 64 of 2006 s. 14; No. 30 of 2023 s. 7.] 5E. Electoral Commissioner etc., other provisions as to (1) The Public Sector Management Act 1994 does not apply to or in relation to the appointment of the Electoral Commissioner and the Electoral Commissioner is not, except as provided in section 4 of that Act, subject to the provisions of that Act. (2) The Electoral Commissioner shall, for the purposes of the Superannuation and Family Benefits Act 1938 2, be deemed to be an employee within the meaning of that Act. (3) When an officer of the Public Service is appointed to the office of Electoral Commissioner the Electoral Commissioner is entitled to retain all their existing and accruing rights as if their service in the office of Electoral Commissioner were a continuation of their service as an officer of the Public Service. (4) When a person ceases to hold the office of Electoral Commissioner and becomes an officer of the Public Service the Electoral Commissioner's service in the office of Electoral Commissioner must be regarded as service in the Public Service for the purposes of determining their rights as an officer of the Public Service. (5) Where the Electoral Commissioner immediately before appointment to such an office occupied an office under the Public Sector Management Act 1994 Part 3, the Electoral Commissioner must, if their term of office expires by effluxion of time and they are not reappointed, be entitled to be appointed to an office under Part 3 of that Act, not lower in status than the office which they occupied immediately prior to appointment as Electoral Commissioner. (6) Part 3 of the Public Sector Management Act 1994 does not apply to an Acting Electoral Commissioner unless, immediately before appointment to that office, they occupied an office under that Act. [Section 5E inserted: No. 40 of 1987 s. 20; amended: No. 32 of 1994 s. 11; No. 42 of 1997 s. 8; No. 30 of 2023 s. 182.] 5F. Functions of Electoral Commissioner (1) The Electoral Commissioner — (a) subject to section 5E(1) is the chief executive officer of the Western Australian Electoral Commission; and (b) is responsible for the proper maintenance of rolls and the proper conduct of elections under this Act; and (c) shall consider, and report to the Minister on, electoral matters referred to the Electoral Commissioner by the Minister and such other electoral matters as the Electoral Commissioner thinks fit; and (d) shall promote public awareness of electoral and parliamentary matters by means of the conduct of education and information programmes and by other means; and (e) shall provide information and advice on electoral matters to the Parliament, Members of Parliament, the Government, departments and authorities of the State; and (ea) may conduct other elections, referendums or polls — (i) if authorised to do so under another written law; or (ii) if they are provided for under another written law and the regulations authorise the Electoral Commissioner to conduct them; and (eb) may make arrangements with any person for the conduct by the Electoral Commissioner of elections or polls not provided for under a written law on such terms and conditions as are agreed between the Electoral Commissioner and that person; and (ec) may perform a function of a returning officer conferred under this Act if — (i) the returning officer cannot exercise the function; or (ii) it is necessary or convenient for conducting an election; and (f) may conduct and promote research into electoral matters and other matters that relate to their functions; and (g) may publish material on matters that relate to their functions; and (h) shall perform such other functions as are conferred on the Electoral Commissioner by or under this Act or any other written law. (2) The Electoral Commissioner may do all things necessary or convenient to be done for or in connection with the performance of their functions. [Section 5F inserted: No. 40 of 1987 s. 20; amended: No. 36 of 2000 s. 72; No. 64 of 2006 s. 15; No. 30 of 2023 s. 8.] 5G. Delegation by Electoral Commissioner (1) The Electoral Commissioner may, by written notice, delegate a function of the Electoral Commissioner under this Act, other than the power to delegate a function, to an officer. (1A) The Electoral Commissioner may, by written notice, delegate a function of the Electoral Commissioner under another written law to the Deputy Electoral Commissioner. (1B) A delegation under subsection (1) or (1A) may be general or limited in accordance with the written notice. (2) Nothing in this section is to be read as limiting the ability of the Electoral Commissioner to act through officers in the normal course of operations. [Section 5G inserted: No. 40 of 1987 s. 20; amended: No. 36 of 2000 s. 73; No. 30 of 2023 s. 9.] 5H. Deputy Electoral Commissioner, functions of (1) The Deputy Electoral Commissioner shall assist the Electoral Commissioner as directed by the Electoral Commissioner and must perform any function delegated to the Deputy Electoral Commissioner under section 5G. (2) Subject to section 5D, when — (a) the Electoral Commissioner is absent from duty for any reason or is absent from the State; or (b) the Electoral Commissioner has been suspended; or (c) the office of Electoral Commissioner is vacant, the Deputy Electoral Commissioner shall act in the office of the Electoral Commissioner during the absence, suspension or vacancy and, while the Deputy Electoral Commissioner is so acting — (d) the Deputy Electoral Commissioner may perform all the functions of the Electoral Commissioner and anything done by the Deputy Electoral Commissioner in so performing those functions has the like effect as if it were done by the Electoral Commissioner; and (e) any act or thing that is required under a written law to be done to, by reference to or in relation to the Electoral Commissioner shall be regarded as effectually done if done to, by reference to or in relation to the Deputy Electoral Commissioner. [Section 5H inserted: No. 40 of 1987 s. 20; amended: No. 30 of 2023 s. 182.] 5I. Commissioners to have regard to particular groups when performing functions (1) In this section — inclusivity principle means the principle that the following persons should be given a reasonable opportunity to enrol and vote — (a) Aboriginal persons; (b) persons who are from culturally or linguistically diverse communities; (c) persons with disability; (d) persons who are homeless. (2) The Electoral Commissioner and Deputy Electoral Commissioner must have regard to the inclusivity principle when performing a function under this Act. [Section 5I inserted: No. 30 of 2023 s. 10.] 6. Appointing returning officers (1) The Electoral Commissioner must appoint, in writing — (a) a returning officer for the whole of State electorate; and (b) a returning officer for each district. (2) A returning officer appointed under subsection (1) is taken to have been appointed on the day of the appointing instrument unless another day is specified in the appointing instrument as the day of appointment. [Section 6 inserted: No. 30 of 2023 s. 11.] 7. Appointment of substitute for returning officer (1