Local Government Act 1993 No 30
Current version for 1 March 2013 to date (accessed 22 May 2013 at 06:54)

Division 2 Electoral rolls

298   Residential roll

(1)  The Electoral Commissioner is to keep a roll for each area of persons who, in the opinion of the Electoral Commissioner, are entitled, in accordance with Part 1, to be enrolled as electors because they are residents of the area.
(2)  The Electoral Commissioner may use the roll used for elections of the Legislative Assembly or for Commonwealth elections as a basis for the residential roll.
(3)  (Repealed)

299   Non-residential roll

(1)  Not later than the closing date for an election, the general manager is to prepare a roll of non-resident owners of rateable land for confirmation as the roll of non-resident owners of rateable land within the area.
(2)  The roll of non-resident owners of rateable land lapses after the election for which it is prepared, and it consists only of the names of those non-resident owners of rateable land who have applied for the inclusion of their names for the purposes of the election for which it is being prepared.
(3)  The general manager (in relation to an election administered by the general manager) is to confirm as the roll of non-resident owners of rateable land for the election the roll referred to in subsection (1) if, in the general manager’s opinion, the roll contains the names of the persons who on the closing date are qualified for inclusion in the roll of non-resident owners of rateable land.
(4)  The Electoral Commissioner (in relation to an election administered by the Electoral Commissioner) is to confirm as the roll of non-resident owners of rateable land for the election a roll certified by the general manager as being, in the general manager’s opinion, a roll of the persons who on the closing date are qualified for inclusion in the roll of non-resident owners of rateable land.

300   Roll of occupiers and ratepaying lessees

(1)  Not later than the closing date for an election, the general manager is to prepare the roll of occupiers and ratepaying lessees for confirmation as the roll of occupiers (of land within the area) and ratepaying lessees (of rateable land within the area) for the election.
(2)  The roll of occupiers and ratepaying lessees lapses after the election for which it is prepared, and it consists only of the names of those occupiers and ratepaying lessees who have applied for the inclusion of their names for the purpose of the election for which it is being prepared.
(3)  The general manager (in relation to an election administered by the general manager) is to confirm as the roll of occupiers and ratepaying lessees for the election the roll referred to in subsection (1) if, in the general manager’s opinion, the roll contains the names of the persons who on the closing date are qualified for inclusion in the roll of occupiers and ratepaying lessees.
(4)  The Electoral Commissioner (in relation to an election administered by the Electoral Commissioner) is to confirm as the roll of occupiers and ratepaying lessees for the election a roll certified by the general manager as being, in the general manager’s opinion, a roll of the persons who on the closing date are qualified for inclusion in the roll of occupiers and ratepaying lessees.

301   Roll of electors

(1)  The roll of electors for an area is a composite roll, consisting of the residential roll kept by the Electoral Commissioner under section 298 for the area, the non-residential roll prepared and confirmed under section 299 for the area, and the roll of occupiers and ratepaying lessees prepared and confirmed under section 300 for the area.
(2)  For each election, an authorised copy of the roll of electors is to be compiled in accordance with this Division.
(3)  If an area is divided into wards, the authorised copy of the roll of electors is to be prepared separately for each ward or, if the authorised copy of the roll is for a by-election to fill a casual vacancy, only for the ward in which the by-election is to be held.
(4)  An authorised copy of the roll referred to in subsections (2) and (3) is a printed or electronic copy of the roll of the electors for the area or ward concerned as at the closing date for the election.

302   Public inspection of roll of electors

(1)  The Electoral Commissioner is to make the latest copy of the residential roll available for public inspection at any reasonable time during office hours at the office of the Electoral Commissioner and at any other place determined by the Electoral Commissioner.
(2)  The general manager is to make the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees (once it is prepared) available for public inspection at any reasonable time during office hours at the office of the council.

303   Making of claims for inclusion in the roll

(1)  A person may lodge with the Electoral Commissioner (in the case of the residential roll) or the general manager (in the case of another roll):
(a)  a claim for the inclusion of his or her name in the roll or for the amendment of any particulars entered in the roll against the name, or
(b)  an objection to the inclusion in the roll of his or her name or the name of another person, or
(c)  an objection to the inclusion in the roll of specified particulars entered against his or her name or the name of another person.
(2)  Within 7 days after the lodging of a claim for inclusion in, or of an objection to an entry in, a roll, the Electoral Commissioner or general manager:
(a)  is to decide whether the claim or objection is to be allowed or disallowed, and
(b)  as soon as practicable, is to make such entries in, or alterations to, the roll as give effect to the decision, and
(c)  is to serve notice of the decision on the claimant or objector and, in the case of an objection, on any other person to whom the objection relates.
(3)  A person dissatisfied with the decision of the Electoral Commissioner or general manager may apply to the Administrative Decisions Tribunal for a review of the decision.
(4)  The Electoral Commissioner or general manager is to make as soon as practicable such entries in the appropriate roll as are necessary to give effect to the decision on an application to the Administrative Decisions Tribunal.
(5)  Despite this section, the non-residential roll and the roll of occupiers and ratepaying lessees are not to be altered between the closing date for an election and the end of polling day.

304   Enrolment if qualified in more than one respect

(1)  A person may not, in respect of the same ward, be enrolled more than once in a roll of electors.
(2)  A person who is qualified for enrolment in respect of more than one ward of an area may be enrolled only in respect of the ward for which the person is qualified as a resident or, if the person is not so qualified:
(a)  the ward specified in a notice given by the person to the general manager before the closing date for the election, or
(b)  if no such notice is given, a ward chosen by the general manager.

305   Provisional voting

The regulations may prescribe circumstances in which a person is to be permitted to vote at an election under this Act where:
(a)  the person is not enrolled for the area or ward concerned, but claims to be entitled to be enrolled on the residential roll for that area, or
(b)  the person claims that the person’s name has been omitted from the roll for the area (for any reason), but claims he or she is entitled to vote at an election, or
(c)  there is other uncertainty as to a person’s entitlement to vote at an election (for example, the person claims the person’s name has been incorrectly marked off a roll at an election).
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