Electoral Amendment Act 2002

6 New sections 20 to 20D substituted
  • (1) The principal Act is amended by repealing sections 20 and 20A, and substituting the following sections:

    20 Electoral officials
    • There may be appointed under the State Sector Act 1988 as many electoral officials as are required for the conduct of elections under this Act.

    20A Electoral officials under direction of Chief Electoral Officer
    • (1) The Chief Electoral Officer may give oral or written directions to all or any electoral officials.

      (2) Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Chief Electoral Officer.

    20B Designation of Returning Officers
    • For every election to be held in a district, the Chief Electoral Officer must, by notice in writing, designate an electoral official as the Returning Officer for the district.

    20C Chief Electoral Officer and Returning Officers may delegate powers
    • (1) The Chief Electoral Officer and every Returning Officer may each delegate any of his or her respective powers, duties, and functions (other than this power of delegation) to an electoral official.

      (2) The maker of the delegation—

      • (a) must make the delegation in writing and sign it; and

      • (b) may make the delegation subject to any conditions or limits or both.

      (3) The maker of the delegation may revoke at any time, by written notice to the delegate, any delegation made under this section.

      (4) Every person to whom a power, duty, or function is delegated under this section may exercise or perform the power, duty, or function in the same manner and with the same effect as the maker of the delegation could himself or herself have exercised or performed it.

      (5) Every person purporting to act under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

      (6) A delegation under this section does not affect or prevent the exercise or performance of any power, duty, or function of the maker of the delegation.

    20D State sector agencies to assist with administration of elections
    • (1) The Chief Electoral Officer may seek assistance from any State sector agency in order to facilitate the effective administration of elections.

      (2) Any agency approached by the Chief Electoral Officer for assistance must have regard to the public interest in a whole-of-government approach to support the effective administration of elections in considering the assistance it can provide.

      (3) Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.

      (4) For the purposes of this section, a State sector agency means any part of the State services as defined in section 2 of the State Sector Act 1988, any Crown entity within the meaning of section 2 of the Public Finance Act 1989, and any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

    (2) Section 7 of the Electoral Amendment Act (No 2) 1995 is consequentially repealed.