Western Australian Consolidated Acts

CITY OF PERTH RESTRUCTURING ACT 1993 - SECT 12B

12B .         Method of voting

        (1)         In this section — 

        Electoral Commissioner means the Electoral Commissioner appointed under the Electoral Act 1907 ;

        first elections means the elections held as required by section 12 ³ ;

        municipality means the City of Perth or a new town;

        postal election means an election at which the principal method of casting votes is by post but at which votes can also be cast in person on or before the election day for the election in prescribed circumstances;

        subsequent election means an election for a municipality held after its first elections but before 3 May 1997.

        (2)         The commission may decide that the first elections of a municipality will be conducted as postal elections.

        (3)         A municipality may, by resolution of its council passed by an absolute majority, decide that a subsequent election will be conducted as a postal election.

        (4)         Subject to subsection (5) a decision under subsection (2) or (3) has effect.

        (5)         A decision can be made under subsection (2) or (3) before, on or after nomination day, but has no effect if it is made after notice of the elections or election has been published under section 89(4) of the principal Act.

        (6)         Regulations may be made under section 32 in relation to the conduct of postal elections.

        (7)         The Minister may appoint a person nominated by the Electoral Commissioner to be the returning officer of a municipality to conduct a postal election.

        (8)         If a person is so appointed — 

            (a)         the Electoral Commissioner is responsible for the conduct of the postal election;

            (b)         the person so appointed is to conduct the postal election for and under the direction of the Electoral Commissioner and may perform all the functions of the returning officer; and

            (c)         the municipality concerned is to meet the expenses incurred by the person in conducting the postal election to the extent required by the regulations.

        (9)         For the purposes of section 12  ³ and the principal Act an election is to be regarded as having been held on the election day for the election even though it is conducted as a postal election.

        [Section 12B inserted by No. 70 of 1994 s. 12; amended by No. 14 of 1996 s. 4.]