Electoral Act 1907

In proceedings for an offence against section 156, a certificate containing a statement described in subsection (2) and purporting to be signed by the Electoral Commissioner is, without proof of any appointment or signature, evidence of the facts stated in the certificate.

A certificate may state any or all of the following —

a specified date is the date that an election was held;

a specified person was an elector on a specified date;

a specified person did not vote in an election;

a specified person —

was sent a penalty notice or an infringement notice;

did or did not (as the case may be) respond to a penalty notice or an infringement notice on or by a specified date;

responded to a penalty notice or an infringement notice in a specified manner;

a penalty notice or an infringement notice was sent on a specified date;

a specified date was the response date for a penalty notice or an infringement notice.

In subsection (2) —

specified means specified in the certificate.

[Section 156AA inserted: No. 35 of 2012 s. 29; amended: No. 30 of 2023 s. 107.]

Part IVA — Filling vacancies in the Council

[Heading inserted: No. 40 of 1987 s. 79.]

156A. Terms used

In this Part —

original election, in relation to a vacancy, means the general election for the Council in respect of which the vacancy has occurred at which —

the member in whose seat the vacancy has occurred; or

in a case where the member in whose seat the vacancy has occurred was elected under sections 156C and 156D or under section 156E, the member who was the predecessor (whether immediate, intermediate, or original) of that member,

was elected;

qualified person, in relation to a vacancy, means a person who —

was a candidate at the original election; and

did not withdraw from, and was not elected at, that election; and

has not become a member of the Council since that election; and

is qualified to be elected and is not disqualified from being elected as a member of the Council;

vacancy means a vacancy in the Council that occurs otherwise than because of —

the expiration of the term of service of a member; or

a Council election failing wholly or partially; or

the declaration of a Council election to be absolutely void.

[Section 156A inserted: No. 40 of 1987 s. 79; amended: No. 36 of 2000 s. 55(1) and (2); No. 64 of 2006 s. 53; No. 20 of 2021 s. 83 and 94.]

156B. Vacancy in Council, Governor to be notified of etc.

Where a vacancy occurs the President, upon a resolution of the Council declaring the vacancy and the cause thereof, shall, by notice signed by the President, inform the Governor of the vacancy.

Subject to section 39(4) of the Constitution Acts Amendment Act 1899, where a vacancy occurs when Parliament is not in session or during an adjournment for longer than 7 days of the Council the President may, without a resolution of the Council, by notice signed by the President, inform the Governor of the vacancy.

Subject to section 39(4) of the Constitution Acts Amendment Act 1899, where a vacancy occurs when there is no President, or when the President is absent from the State, the Governor may take notice of the vacancy.

[Section 156B inserted: No. 40 of 1987 s. 79; amended: No. 30 of 2023 s. 182.]