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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral
Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral Amendment
Bill 2003
A Bill for
An Act to amend the
Electoral Act
1992
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electoral Amendment Act 2003.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Electoral Act 1992.
4 Application
for registration of political partySection
89
omit
An application
substitute
(1) An application
substitute
(e) be accompanied by a copy of the party’s constitution;
and
(f) be accompanied by a list of the names and addresses of at least 100
members of the party who are electors.
insert
(2) The commissioner may use information obtained under
subsection (1) (f) only to find out whether the party has at least 100
members who are electors.
7 Further
information about application for political party
registrationSection 90 (2) and
(5)
omit
renumber subsections when Act next republished under Legislation
Act
9 Refusal
of applications for registrationSection 93
(1) (a)
substitute
(a) for an application for registration of a political party—the
commissioner believes on reasonable grounds that, when it made the application,
the party did not have at least 100 members who were electors; or
insert
95B When certain action cannot be
taken
(1) This section applies if, in the period beginning 1 July in a year when
an ordinary election must be held and ending when the pre-election period for
the election begins, the commissioner receives an application—
(a) to register a political party or ballot group; or
(b) to change the name or abbreviation of a political party or ballot
group.
(2) The commissioner must not take any action under this part in that
period in relation to the application.
substitute
97A Information about political
parties
(1) The commissioner may, by written notice given to the registered
officer of a registered party, require the officer to give the commissioner
information stated in the notice that is reasonably necessary for the
commissioner to find out whether the party is entitled to be
registered.
(2) Without limiting subsection (1), the commissioner may, under that
subsection, require the registered officer to give the commissioner a list, as
at a stated date, of the names and addresses of at least 100 members of the
party who are electors.
(3) The commissioner may use the information obtained under subsection (2)
only to find out whether the party is entitled to be registered.
12 Grouping
of candidates’ namesSection 115
(1)
omit
(1) If
substitute
If
13 Section
115 (2) and (3)
omit
substitute
136 Definitions for div 10.4
(1) In this division:
authorised delivery service means—
(a) Australia Post; or
(b) if, under subsection (2), the commissioner decides that a delivery
service be used instead of Australia Post—that delivery service;
or
(c) if, under subsection (2), the commissioner decides that a delivery
service be used in addition to Australia Post—Australia Post or that
delivery service.
eligible elector, for an election, means an elector who is
entitled to vote at the election and—
(a) who expects to be unable to attend at a polling place on polling day;
or
(b) whose address is a suppressed address.
post means send using an authorised delivery
service.
(2) For subsection (1), definition of post, the commissioner
may, in writing, decide that a delivery service be used instead of or in
addition to Australia Post.
substitute
136A Applications for postal voting
papers
(1) An eligible elector for an election may apply to an authorised officer
for declaration voting papers for postal voting (postal voting
papers) for the election.
(2) The application must be—
(a) signed and dated by the eligible voter in the presence of an
authorised witness; and
(b) signed and dated by the witness; and
(c) received by an authorised officer before 8 pm on the day before
polling day.
Note If a form is approved under s 340A (Approved forms) for
an application, the form must be used.
(3) If an authorised officer receives an application under this section
from a person claiming to be an eligible voter for an election (the
applicant), the officer must—
(a) if satisfied that the applicant’s name is on the certified list
of electors for an electorate—post postal voting papers for the electorate
to the applicant; or
(b) if not so satisfied—post postal voting papers for the electorate
in which in the applicant claims to be enrolled to the applicant.
(4) However, the authorised officer must not post postal voting papers to
the applicant—
(a) if the applicant has nominated a postal address outside
Australia—if the application is received by the officer after 5 pm on
the Friday 8 days before polling day; or
(b) in any other case—if the application is received by the officer
after the last mail clearance, at the post office nominated by the commissioner
in the postal voting papers, on the last Thursday before polling day;
or
(c) in any case—if the officer has reason to believe that the
applicant is at a place where the normal transmission of mail has been
significantly disrupted or curtailed or is otherwise unreliable.
(5) Despite subsections (3) and (4), the authorised officer may give the
postal voting papers to the applicant using a courier or other agent (other than
an authorised delivery service), if the officer believes on reasonable grounds
that—
(a) the applicant is a person to whom subsection (4) applies;
and
(b) the papers are likely to reach the applicant in sufficient time for
the applicant’s ballot paper to be completed and posted or given in
accordance with section 144A (Requirements for casting postal votes) if the
papers are sent to the applicant using the agent.
(6) Despite subsections (3) and (5), the authorised officer must not post
or give postal voting papers to the applicant earlier than the 19th
day before polling day.
(7) If postal voting papers are sent or given to the applicant in
accordance with this section, neither the authorised officer nor the
commissioner is responsible for ensuring that the papers reach the
applicant.
Note Section 144A deals with how to cast a postal vote.
16 Issue
of voting papers to registered declaration voters Section 141, new
note
insert
Note Section 144A deals with how to cast a postal vote.
insert
144A Requirements for casting postal
votes
(1) This section applies to a person if the person has received
declaration voting papers for an election under section 136A (Applications for
postal voting papers) or section 141 (Issue of voting papers to registered
declaration voters).
(2) To cast a postal vote—
(a) the person must show the unsigned declaration and certificate, and the
unmarked ballot paper to an authorised witness; and
(b) the person must complete and sign the declaration in the presence of
the witness; and
(c) the witness must complete and sign the certificate as witness;
and
(d) the person must, in the presence of the witness but so that the
witness cannot see the vote, mark his or her vote on the ballot paper, fold the
ballot paper, place it in the envelope addressed to
the commissioner and fasten the envelope; and
(e) the person must—
(i) post the envelope and contents to the commissioner before polling day;
or
(ii) give the envelope and contents to the commissioner or another officer
on or before polling day.
Note For restrictions on sending completed ballot and voting papers
by fax, see s 329.
(3) This section is subject to section 156 (Assistance to
voters).
substitute
187 Recount of ballot papers
(1) The commissioner may, at any time before the declaration of the result
of an election, arrange for a recount of some or all of the ballot papers for
the election—
(a) on the commissioner’s own initiative; or
(b) on application under section 187A by a candidate for the
election.
(2) The commissioner must, if directed by the electoral commission under
section 187B (Review of decision of commissioner to refuse to arrange for
recount), arrange for a recount of some or all of the ballot papers for the
election.
(3) In recounting ballot papers, the commissioner—
(a) may reverse a decision made earlier in the scrutiny; but
(b) must deal with the ballot papers in a way that is consistent with this
part.
(4) Before a recount is conducted, the commissioner must tell each
candidate, in writing, the date, time and place fixed for the
recount.
187A Application for recount of ballot papers
etc
(1) A candidate for an election may apply to the commissioner for a
recount of some or all of the ballot papers for the election.
(2) The application must—
(a) be in writing; and
(b) set out the reasons for the requested recount.
(3) The commissioner must—
(a) arrange for the requested recount; or
(b) refuse to arrange for the requested recount.
187B Review of decision of commissioner to refuse to
arrange for recount
(1) This section applies if—
(a) a candidate for an election applies to the commissioner under section
187A for a recount of some or all of the ballot papers for an election
(the requested recount); and
(b) the commissioner refuses to arrange for the requested
recount.
(2) The candidate may apply to the electoral commission for review of the
commissioner’s decision.
(3) The application to the electoral commission must—
(a) be in writing; and
(b) set out the applicant’s reasons for making the
application.
(4) On review of the decision, the electoral commission
may—
(a) confirm the commissioner’s decision; or
(b) set the decision aside and direct the commissioner to arrange
for—
(i) the requested recount; or
(ii) another recount of some or all of the ballot papers.
(5) In considering the application, the electoral commission may have
regard to the commissioner’s reasons for refusing to arrange for the
requested recount.
(6) Unless the decision to refuse to arrange for the requested recount was
made by a delegate of the commissioner, the commissioner must
not—
(a) be present during any deliberation of the electoral commission in
relation to the application; or
(b) take part in any decision of the electoral commission in relation to
the application.
renumber as section 187C
20 Definitions
for pt 14Section 198, definition of
gift, paragraph (d)
substitute
(d) for division 14.4 (Disclosure of donations) and in relation to a
candidate—a gift made to or received by the candidate for the benefit of a
party or ballot group of which the candidate is a member.
21 Section
198, definition of non-party group
omit
22 Disclosure
periodsSection 201 (2) (c), (d) and
(e)
substitute
(c) for a person to whom, or body to which, section 220 (Disclosure of
gifts by persons incurring political expenditure) or section 221 (Disclosure of
gifts to candidates) applies—the 31st day after polling day for the last
election.
23 Appointed
agentsSection 203 (1)
substitute
(1) A party, MLA or candidate may appoint a reporting agent.
24 Section
203 (3) (b) (ii) and (iii)
substitute
(ii) in any other case—by the MLA or candidate making the
appointment; and
25 Non-appointed
agentsSection 204 (3)
omit
renumber subsections when Act next republished under Legislation
Act
27 Registers
of reporting agentsSection 205
(2)
substitute
(2) The commissioner must keep a register called the register of candidate
reporting agents.
substitute
206 Who eligible votes are cast
for
For this division, an eligible vote cast for a party candidate or ballot
group candidate is taken to be cast for the party or ballot group and not for
the candidate.
29 Entitlements
to fundsSection 207
(2)
substitute
(2) The prescribed amount is payable for each eligible vote cast for a
party, ballot group or candidate in an election.
30 ThresholdSection
208 (3)
omit
31 Making
of paymentsSection 212 (2) and
(3)
substitute
(2) If an amount is payable under this division for votes cast in an
election for a candidate who was not endorsed by a party or ballot group for the
election, the commissioner must make the payment to the candidate.
renumber subsections when Act next republished under Legislation
Act
33 Death
of candidateSection 214
(2)
substitute
(2) If a candidate mentioned in subsection (1) was not endorsed by a party
or ballot group for the election, the payment may be made to the legal personal
representative of the candidate.
34 Disclosure
of giftsSection 217
(3)
substitute
(3) However, the reporting agent is not required to state the matters
mentioned in subsection (2) (c) to (e) for a gift by a person if the amount of
the gift and the total of all other gifts made to the candidate by the person is
less than $1 500.
35 Disclosure
of gifts—non-party groupsSection
218
omit
36 Certain
loans not to be receivedSection 218A
(1)
omit
, non-party group
omit
38 Section
218A (8), definition of relevant person,
paragraph (c)
omit
renumber subsections and paragraphs when Act next republished under
Legislation Act
substitute
221 Disclosure of gifts to
candidates
substitute
(1) If, during the disclosure period for an election, a person (other than
a party, a candidate or an associated entity) makes gifts totalling $1 500
or more to the same candidate in the election or the same specified body, the
person must give the commissioner a return within 15 weeks after the polling day
for the election.
Note 1 If a form is approved under s 340A (Approved forms) for a
return, the form must be used.
Note 2 For how a return may be given, see Legislation Act,
pt 19.5.
omit
non-party groups or
43 Annual
returns of donationsSection 221A (6),
definition of gift, paragraph (b)
substitute
(b) a gift made by a party, ballot group, MLA, candidate or associated
entity.
44 Anonymous
giftsSection 222 (1)
omit
, non-party group
substitute
(b) for a candidate—to gifts received during the disclosure
period.
omit
, non-party group
omit
48 Section
222 (7), definition of prescribed amount
substitute
prescribed amount, for a gift made to or for the benefit of a
party, ballot group, MLA, associated entity or candidate, means $1
500.
49 Section
222 (7), definition of relevant person,
paragraph (c)
omit
renumber subsections and paragraphs when Act next republished under
Legislation Act
51 Definitions
for div 14.5Section 223, definition of
participant, paragraph (a)
substitute
(a) a party, ballot group or candidate; or
52 Returns
of electoral expenditureSection 224
(2)
omit
omit
, non-party group
substitute
(5) A person is not required to give the commissioner a return under
subsection (4) in relation to an election if the amount of the electoral
expenditure incurred in relation to the election by or with the person’s
authority is less than $1 500.
renumber subsections when Act next republished under Legislation
Act
56 Nil
returnsSection 225 (2)
omit
renumber subsections when Act next republished under Legislation
Act
58 Returns
by broadcasters and publishersSection 226
(2) (b) and (c)
substitute
(b) the name and address of the person at whose request the advertisement
was broadcast or published;
(c) the name and address of the participant in the election with whose
authority the advertisement was broadcast or published;
59 OffencesSection
236 (3)
omit
renumber subsections when Act next republished under Legislation
Act
61 Noncompliance
with pt 14Section 241
(2)
substitute
(2) Without limiting subsection (1)—
(a) if the reporting agent of a party or ballot group that endorsed a
candidate elected in an election fails to comply with this part in relation to
the election, the failure does not invalidate the candidate’s election;
and
(b) if the reporting agent of a candidate elected in an election fails to
comply with this part in relation to the election, the failure does not
invalidate the candidate’s election.
62 Preliminary
scrutiny of declaration voting papers Schedule 3, clause 6 (1), definition of
relevant provision, paragraphs (b) to (d)
substitute
(b) for a vote under section 136B—section 135 (4) as applied by
section 136B (18); or
(c) for a vote under section 136C—section 135 (4) as applied by
section 136C (8); or
(d) for a vote under section 144A—section 144A (2).
63 Dictionary,
new definition of authorised delivery service
insert
authorised delivery service, for division 10.4 (Voting
otherwise than at a polling place)—see section 136.
64 Dictionary,
definition of declaration vote, paragraphs (b) to
(d)
substitute
(b) section 136B (15) (Ordinary or declaration voting in ACT before
polling day);
(c) section 136C (Declaration voting outside ACT on or before polling
day);
(d) section 144A (Requirements for casting postal votes).
65 Dictionary,
definition of eligible elector
substitute
eligible elector, for division 10.4 (Voting otherwise than at
a polling place)—see section 136.
66 Dictionary,
definition of non-party group
omit
67 Dictionary,
new definition of post
insert
post, for division 10.4 (Voting otherwise than at a polling
place)—see section 136.
68 Dictionary,
definition of postal vote
substitute
postal vote means a declaration vote to which section 144A
(Requirements for casting postal votes) applies.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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