Local Government Act 1993 No 30
Historical version for 3 December 2008 to 9 December 2008 (accessed 19 May 2013 at 09:33) Current version

Division 2 Electoral rolls

Note. The roll of electors for an area is prepared in time for each election. The roll of electors is a composite roll based on the residential roll, the non-residential roll and the roll of occupiers and ratepaying lessees. The residential roll is a roll of residents in the area, whether or not they own the property where they reside. It is prepared and confirmed by the Electoral Commissioner in time for each election. It may be based on the same roll as the one used for State and Federal elections. The non-residential roll is a roll of persons who pay rates on property they own in an area but who do not live on that property. It is prepared by the general manager of the council for the area and confirmed by the Electoral Commissioner in time for each election. The roll of occupiers and ratepaying lessees covers both occupiers of rateable land who are not owners, and lessees who, under the terms of their leases, must pay rates. It is prepared for a specific election by the general manager and includes only those who actually apply for inclusion on this roll. It is confirmed by the Electoral Commissioner.

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)  The Electoral Commissioner is to confirm as the residential roll for an election the roll referred to in subsection (1) if, in the Commissioner’s opinion, the roll contains the names of the persons who on the closing date are qualified for inclusion in the residential roll as electors.

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 by the Electoral Commissioner 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 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 by the Electoral Commissioner 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 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 and confirmed 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, the roll of electors is to be compiled in accordance with this Division and printed in the form prescribed by the regulations.
(3)  If an area is divided into wards, the roll of electors is to be prepared separately for each ward or, if 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.

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 roll of electors is 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   Can an elector vote if his or her name is not on the roll of electors?

An elector for an area:
(a)  whose name is not on the roll of electors for an election, and
(b)  who claims to be entitled to vote at the election, and
(c)  who makes a declaration in the form prescribed by the regulations that is written or printed on an envelope that is addressed to the returning officer,
is to be given a ballot-paper by the returning officer or electoral official in charge of a polling place and permitted to vote in accordance with this Act.
Note. A person may apply under section 739 for the omission of the person’s place of living from a roll.
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