❓ A Western Australian parliamentary Question on Notice inquires about the legal framework surrounding referenda conducted alongside local government elections, specifically regarding prohibitions, subject relevance, and voter eligibility. The Minister's response clarifies the relevant legislation and provisions.
AnsweredQoN 253Legislative Assembly
QuestionView source ↗
(1) What is the law concerning referenda carried out in conjunction with a local government postal voting election or by-election? (2) Is there any prohibition on surveys or referenda being held in conjunction with a by-election? (3) If so, is the subject of the survey relevant? (4) Who is eligible to vote in such a survey? The Minister
AnswerView source ↗
Answered
5 September 2000
Response time
27 days
(1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(2) Is there any prohibition on surveys or referenda being held in conjunction with a by-election? (3) If so, is the subject of the survey relevant? (4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(3) If so, is the subject of the survey relevant? (4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(2) Is there any prohibition on surveys or referenda being held in conjunction with a by-election? (3) If so, is the subject of the survey relevant? (4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(3) If so, is the subject of the survey relevant? (4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
(4) Who is eligible to vote in such a survey? The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
The Minister Replied: (1) Section 4.99 of the Local Government Act 1995 and Regulations 88 and 89 of the Local Government (Elections) Regulations 1997 provide that, if a referendum (survey) is held in conjunction with an election, the electoral provisions of the Act apply as soon as they are capable of being applied. (2) There is no prohibition on surveys or referendums being held in conjunction with an extraordinary election as long as the formalities for conducting an election are followed. (3) There are no statutory limits on the subjects that may be put to a referendum. (4) The electoral provisions provide that electors may vote at such a referendum. In special circumstances, the Governor may make an Order, under section 9.62 of the Local Government Act 1995, to modify the operation of the Act or Regulations in relation to this or any other matter. Answered on 5 September 2000
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