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s 206B

Revoking lack of capacity notice

In force
Part VIIIMiscellaneous

206B Revoking lack of capacity notice

(1)

A person who is the subject of a lack of capacity notice may apply to the Electoral Commissioner to revoke the notice because the person does not lack, or no longer lacks, the capacity to vote because of a mental impairment.

(2)

The application must be —

(a)

in writing; and

(b)

set out the grounds on which the person states that they do not lack, or no longer lack, capacity to vote.

(3)

The Electoral Commissioner may, on an application under subsection (1) or on their own motion, revoke a lack of capacity notice if the Electoral Commissioner is satisfied the person does not lack, or no longer lacks, capacity to vote.

(4)

If the Electoral Commissioner revokes a lack of capacity notice under subsection (3), the Electoral Commissioner must give the person who is the subject of the lack of capacity notice a written notice stating that the lack of capacity notice is revoked.

(5)

If, on an application under subsection (1), the Electoral Commissioner decides not to revoke the lack of capacity notice, the Electoral Commissioner must give the person a written notice advising the person of that decision and the reasons for it.

[Section 206B inserted: No. 30 of 2023 s. 171.]

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Section 206B — Revoking lack of capacity notice — Electoral Act 1907 (Western Australia) — Barrister AI