Western Australia, Australia, local Plebiscite [ATP] - Poll of electors

General Typology

Instrument
Plebiscite [ATP]
Location
Western Australia, Australia
Political level
local
Local Name:
Poll of electors
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

Schedule 2.1 — Provisions about creating, changing the boundaries of, and abolishing districts

7. Minister may require poll of electors In order to assist in deciding whether or not to accept a recommendation of the Advisory Board made under clause 6, the Minister may require that the Board’s recommendation be put to a poll of the electors of districts directly affected by the recommendation.

9. Procedure for holding poll

(1) Where, under clause 7 or 8, the Minister requires that a recommendation be put to a poll —
(a) the Advisory Board is to —
(i) determine the question or questions to be answered by electors; and
(ii) prepare a summary of the case for each way of answering the question or questions; and
(b) any local government directed by the Minister to do so is to —
(i) in accordance with directions by the Minister, make the summary available to the electors before the poll is conducted; and
(ii) subject to subclause (2), declare* the Electoral Commissioner, or a person approved by the Electoral Commissioner, to be responsible for the conduct of the poll under Part 4, and return the results to the Minister.
(2) Before making a declaration under subclause (1)(b)(ii), the local government is to obtain the written agreement of the Electoral Commissioner.

0. Minister may accept or reject recommendation

(1) Subject to subclause (2), the Minister may accept or reject a recommendation of the Advisory Board made under clause 3 or 6. (2) If at a poll held as required by clause 8 —
(a) at least 50% of the electors of one of the districts vote; and
(b) of those electors of that district who vote, a majority vote against the recommendation, the Minister is to reject the recommendation.
(3)If the recommendation is that an order be made and it is accepted, the Minister can make an appropriate recommendation to the Governor under section 2.1.

References: Western Australia Local Government Act 1995 (accessed March 30,2020)

Subject Matter:

To decide on creating, changing the boundaries of, and abolishing district

Actors

Author:
Advisory Board
Initiator:
Minister
Decision maker:
Local electorate

Requirements

Available Time:
Turnout Quorum:
At least 50% of the electors of one of the districts vote;
Approval Quorum:
Disapproval: a majority vote against the recommendation
Geographical Quorum:
At least 50% of the electors of one of the districts vote;
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: