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s 89C

Applications to register how‑to‑vote cards

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Part IVElections
Division 2ARegistration of how‑to‑vote cards

89C Applications to register how‑to‑vote cards

(1)

In this section —

registration period, for an election, means the period —

(a)

beginning on the day after the day on which the close of nominations occurs for the election; and

(b)

ending on the day that is 6 business days before polling day in the election.

(2)

During the registration period for an election a person, political party or group wishing to distribute or publish a how‑to‑vote card (the distributor) may apply to the Electoral Commissioner to register a how‑to‑vote card for the election.

(3)

If an application to register a how‑to‑vote card has been refused under section 89D(1), the distributor may apply, within the period of 3 days beginning on the day on which the distributor receives a written notice under section 89D(4), to the Electoral Commissioner to register a modified version of the how‑to‑vote card for the election.

(4)

An application made under subsection (2) or (3) must —

(a)

be in the approved form; and

(b)

identify the distributor; and

(c)

state the contact details of the distributor; and

(d)

if the distributor is not a legal person, or a person other than the distributor is to be accountable for the publication and distribution of the how‑to‑vote card — state the name and contact details of the person; and

(e)

state the election for which the how‑to‑vote card will be distributed or published; and

(f)

be accompanied by the how‑to‑vote card that is proposed to be distributed or published; and

(g)

state that the distributor considers the how‑to‑vote card is suitable to be registered; and

(h)

if the how‑to‑vote card includes or gives access to audio, or audio‑visual material — be accompanied by —

(i)

a copy of the audio or audio‑visual material; or

(ii)

a transcript of the audio or audio‑visual material;

and

(i)

if the how‑to‑vote card includes a language other than English — be accompanied by —

(i)

a translation into English; and

(ii)

a certificate from the person who did the translation stating the translator’s name and address, their qualifications to translate the language into English and that the translation is a correct translation.

(5)

A person who translates a how‑to‑vote card must not make a false statement in relation to the translation or certificate accompanying the application under subsection (4)(i).

Penalty for this subsection: a fine of $1 000.

[Section 89C inserted: No. 30 of 2023 s. 79.]

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Section 89C — Applications to register how‑to‑vote cards — Electoral Act 1907 (Western Australia) — Barrister AI