Electoral Act 1907

Where the Electoral Commissioner is satisfied that a disclosure document or claim under this Part contains a formal error or is subject to a formal defect, the Electoral Commissioner may amend the disclosure document or claim to the extent necessary to correct the error or remove the defect.

A person who has lodged a disclosure document or claim under this Part may request the permission of the Electoral Commissioner to make a specified amendment of the disclosure document or claim for the purpose of correcting an error or omission.

If the disclosure document or claim was lodged by a person as the registered agent of a political party or as the financial controller of an associated entity, a request under subsection (2) may be made either —

by that person; or

by the person who is currently the registered agent of the political party or the financial controller of the associated entity, as the case may be.

A request under subsection (2) shall be made by notice in writing signed by the person making the request.

Where —

a request has been made under subsection (2); and

the Electoral Commissioner is satisfied that there is an error in, or omission from, the disclosure document or claim to which the request relates,

the Electoral Commissioner shall permit the person making the request to amend the disclosure document or claim in accordance with the request.

Where the Electoral Commissioner decides to refuse a request under subsection (2), the Commissioner shall give to the person making the request written notice of the reasons for the decision.

An officer authorised for the purpose by the Electoral Commissioner may exercise the power of the Electoral Commissioner under subsection (4).

Where an officer acting under subsection (6) decides to refuse a request under subsection (2) —

subsection (5) applies as if the officer were the Electoral Commissioner; and

the person who made the request may, by written notice lodged with the Electoral Commissioner within 28 days after notice of the refusal was given, request the Electoral Commissioner to review the decision.

Where a request is made under subsection (7), the Electoral Commissioner shall review the decision to which the request relates and make a fresh decision.

The amendment of a disclosure document or claim under this section does not affect the liability of a person to be convicted of an offence against section 175U(2), (3) or (4) arising out of the furnishing of the disclosure document or claim.

[Section 175ZB inserted: No. 75 of 1992 s. 4 (as amended: No. 43 of 1996 s. 26); amended: No. 55 of 2006 s. 11; No. 30 of 2023 s. 152.]

175ZC. Public availability of documents under this Part

The Electoral Commissioner must keep a copy of each claim lodged under Division 2A and each disclosure document lodged under this Part at the principal office of the Western Australian Electoral Commission.

The Electoral Commissioner must, as soon as practicable after a claim is lodged under Division 2A or a disclosure document is lodged under this Part, publish the claim or disclosure document on the Commission website.

After a claim or disclosure document is published on the Commission website, a person is entitled —

to peruse a copy of the claim or disclosure document at the principal office of the Western Australian Electoral Commission; and

if the person pays a fee determined by the Electoral Commissioner to cover the cost of copying, to obtain a copy of the claim or disclosure document from the principal office of the Western Australian Electoral Commission.

The Electoral Commissioner must ensure that the following information is not published under subsection (2) or available for perusal or to be copied under subsection (3) —

information about a person’s bank accounts or other similar financial details;

a person’s address other than their postcode;

other personal information the Electoral Commissioner considers is not appropriate to publish because publication of the information places the personal safety of the person to whom the information relates, or the members of the family of that person, at risk.

If a person informs the Electoral Commissioner when lodging a claim under Division 2A or disclosure document under this Part that the person is a silent elector, or enrolled on a roll in the Commonwealth or another State or a Territory with equivalent status as a silent elector, the Electoral Commissioner must ensure that the person’s address (including their postcode) is not published under subsection (2) or available for perusal or to be copied under subsection (3).

[Section 175ZC inserted: No. 75 of 1992 s. 4 (as amended: No. 43 of 1996 s. 26); amended: No. 55 of 2006 s. 12; No. 30 of 2023 s. 153; No. 24 of 2024 s. 11.]