Part 1266 Who has the right to be enrolled as an elector?
(1) A person who is entitled to vote at an election of members of the Legislative Assembly or an election of members of the Commonwealth House of Representatives is entitled to be enrolled as an elector for a ward if:(a) he or she is a resident of the ward, or(b) he or she is not a resident of the ward but is an owner of rateable land in the ward, or(c) he or she is an occupier, or ratepaying lessee, of rateable land in a ward.(2) A person who is disqualified by section 25 of the Parliamentary Electorates and Elections Act 1912 from having his or her name placed or retained on a roll under that Act is subject to the same disqualification in relation to a roll under this Act.
267 Who has the right to vote?
(1) A person whose name is on the roll kept under Division 2 of Part 6 for a ward is entitled to vote:(a) at an election of councillors for the ward, and(b) at an election of the mayor by all the electors of the area.(2) A person who changes his or her name from that on the roll may, until the roll is corrected, vote under the enrolled name.(3) The right of an enrolled person to vote at an election is not affected by:(a) a change of residence within a ward or within an area that is not divided into wards, or(b) a change in the qualification that entitles an enrolled person to vote.(4) A person who:(a) is qualified in respect of more than one parcel of land to be enrolled for a ward, and(b) is enrolled in respect of only one of the parcels, and(c) ceases to be qualified in respect of that parcel,is not disqualified from voting at an election held while the person is enrolled in respect of that parcel if the returning officer is satisfied that the person is then qualified in respect of another of the parcels.(5) This section does not confer a right to vote at an election on a person who by or under this Act is disqualified from voting, or is not qualified to vote, at the election.
Nothing in this Chapter entitles a person to more than one vote in one area in an election.Note. A person may not exercise more than one vote in any one area even if:• the person is entitled to be enrolled as an elector for more than one ward in the area; or the person’s entitlement is based on more than one of the criteria in section 266 (1) (a), (b) and (c), or• the person’s entitlement is based on the ownership or occupation of more than one parcel of land in the area.
269 Who is a “resident” for the purposes of this Part?
(1) For the purposes of this Part, a person is a resident of a ward if:(a) the person is, within the meaning of the Parliamentary Electorates and Elections Act 1912, enrolled on the relevant date on the roll for an electoral district, and(b) the person’s place of living as described on that roll is in the ward or (in the case of a person whose place of living is not described on that roll) the person’s place of living is in the ward.(2) The relevant date for the purposes of this section is:(a) the date on which the claim for enrolment is made, if the claim is for inclusion in the roll of residents of the ward, or(b) the closing date for the election referred to in Part 4, if the claim is for the purpose of voting at the election.(3) In this section, place of living includes the place of residence to which a person temporarily residing elsewhere intends to return in order to continue living there.
270 Who is an “owner of rateable land” for the purposes of this Part?
(1) For the purposes of this Part, a person is the owner of rateable land if:(a) the person is not a corporation, is the sole owner of the rateable land and does not own it as trustee, or(b) the person is not a corporation, is a joint or several owner of the rateable land and is nominated in writing as an elector by the only other owner of the land, or by a majority of all the owners of the land, or(c) the person is not a corporation, is not a nominee under paragraph (b) and is nominated in writing as an elector by a corporation which is the owner, or by trustees who are the owners, of the land, or(d) the person is a lessee of the land from the Crown and the land is rateable Crown land.(2) Land is not rateable land for the purposes of this Part if it is a lot in a strata plan that is registered under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 and is provided only for the purpose of parking a motor vehicle.(3) If there is more than one person who (by virtue of subsection (1)) is the owner of the same parcel of rateable land, only one of the persons is entitled to be enrolled as an elector for a ward.(4) If a corporation or trustees own more than one parcel of land in an area, or if joint or several owners of one parcel of land in an area are also joint or several owners of any other parcel of land in the area, it or they can nominate a person as the owner of rateable land only in respect of one of those parcels.(5) A nomination under this section is to be lodged with the general manager.
271 Who is an “occupier” or “ratepaying lessee” for the purposes of this Part?
(1) For the purposes of this Part, a person is an occupier of rateable land if the person has a legally enforceable right to continuous occupation of rateable land (jointly or severally, but not as owner or ratepaying lessee) for not less than 3 years following the relevant date.(2) If there is more than one such occupier of the same parcel of rateable land, only one of them is entitled to be enrolled as an elector for a ward.(2A) If a corporation or trustees is or are occupiers of more than one parcel of land in an area, or if joint or several occupiers of one parcel of land in an area are also joint or several occupiers of any other parcel of land in the area, it or they can nominate a person as the occupier of rateable land only in respect of one of those parcels.(3) For the purposes of this Part, a person is a ratepaying lessee of rateable land if the person is jointly or severally liable, under a lease in writing or other document of title relating to the land, to pay to any person the whole or any part of any rates that may, during the 3 years following the relevant date, be made or levied in respect of the land.(4) If there is more than one such ratepaying lessee of the same parcel of rateable land, only one of them is entitled to be enrolled as an elector for a ward.(4A) If a corporation or trustees is or are ratepaying lessees of more than one parcel of land in an area, or if joint or several ratepaying lessees of one parcel of land in an area are also joint or several ratepaying lessees of any other parcel of land in the area, it or they can nominate a person as the ratepaying lessee of rateable land only in respect of one of those parcels.(5) The relevant date for the purposes of this section is:(a) the date on which the claim for enrolment is made, if the claim is for inclusion in the roll of occupiers and ratepaying lessees, or(b) the closing date for the election referred to in Part 4, if the claim is for the purpose of voting in the election.
(1) If two or more persons apply to be enrolled as an elector for a ward as owners of the same parcel of rateable land, and those persons do not nominate one of their number to be so enrolled, the general manager may do so instead.(2) Likewise, if two or more persons apply to be enrolled as an elector for a ward as occupiers, or as ratepaying lessees, or as occupier and ratepaying lessee, of the same parcel of land, and those persons do not nominate one of their number to be so enrolled, the general manager may do so instead.
273 Application of Part to area not divided into wards
If an area is not divided into wards, this Part applies to the area in the same way as it applies to a ward.