Western Australian Numbered Acts Western Australian Numbered Acts (1)
Section 92(5)(a) and (b) are repealed and the following paragraphs are
inserted instead —
(a) If an elector ("the elector")"
cannot read or write or is so disabled as to be unable to vote without
assistance, another elector appointed by the elector (being an elector who is
not a candidate at the election) may, according to the directions of the
elector, do for the elector any act required or authorised by
subsection (2), (4) or (4a).
(b) An
elector appointed under paragraph (a) is to state in the declaration his
full name and address and the fact that he has been appointed by the elector
to mark the ballot paper for the elector.
(ba)
Without limiting paragraph (a), if the elector completes the declaration
but is so disabled as to be unable to vote without assistance the authorised
witness may, according to the directions of the elector, mark the ballot for
the elector and do for the elector any other act required or authorised by
subsection (2)(d) or (e), (4) or (4a).
”.
(2)
Section 92(5)(c) is amended by deleting “A” and inserting
instead —
“ Subject to paragraph (a), a ”.
(3) Section 92(6)
is repealed and the following subsection is inserted instead —
“
(6) An elector to whom an early ballot paper has been
issued is not entitled to vote at any polling place unless the early ballot
paper has been delivered to the presiding officer for cancellation, but if the
elector claims not to have received the early ballot paper, the elector may be
permitted to vote after making a declaration in the prescribed form before the
presiding officer at the polling place.
”.
(4) Section 92(7)
is amended as follows:
(a) by
deleting “locked and”;
(b) by
deleting “8 a.m. on the polling day, until” and inserting
instead —
“ the time when ”.
(5) Section 92(8)
is amended as follows:
(a) by
deleting “after the commencement of the poll or as soon as practicable
after the close” and inserting instead —
“
not earlier than 72 hours before the
commencement
”;
(b) by
deleting “manner prescribed by the regulations” and inserting
instead —
“ the prescribed manner ”.
(6)
Section 92(9)(a) is amended by inserting after
“issued” —
“ or a person appointed under subsection (5)(a)
”.
(7)
Section 92(10)(a) is amended by deleting “A postal” and
inserting instead —
“ An early ”.
(8) After
section 92(11) the following subsection is inserted —
“
(12) At any time after an envelope containing an early
ballot paper has been dealt with in accordance with —
(a) the
regulations made for the purposes of subsection (8); or
(b)
subsection (10),
an officer or officers
referred to in subsection (8) may, in the prescribed manner, open the
envelope and deal with the ballot paper in it.
”.