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This is a Bill, not an Act. For current law, see the Acts databases.
2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral Legislation Amendment Bill 2011
A Bill for
An Act to amend the Electoral Act 1992, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electoral Legislation Amendment Act 2011.
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 and the Electoral Regulation 1993.
Note This Act also amends the Aboriginal and Torres Strait Islander
Elected Body Act 2008 (see sch 1).
4 Notice of registered
deaths
Section 68
omit
17 years or older
substitute
16 years or older
substitute
75 Age 16 enrolment
omit
17 years old
substitute
16 years old
7 Candidates to be
nominated
New section 105 (2A)
insert
(2A) The registered officer of a registered party must not nominate more people to be candidates for election in an electorate than the number of members of the Assembly to be elected for the electorate.
substitute
106 Invalid candidate nominations
The nomination of a person to be a candidate for election is invalid if, at the hour of nomination for the election—
(a) the person is nominated more than once to be a candidate for election in a particular electorate; or
(b) the person is nominated to be a candidate for election in more than 1 electorate; or
(c) the person is a party candidate for election in a particular electorate and the registered officer of the party has nominated more people to be candidates for election in the electorate than the number of members of the Assembly to be elected for the electorate.
substitute
113 Deposit—return or forfeiture
(1) This section applies to a deposit paid in relation to the nomination of a candidate for election.
(2) The deposit must be returned to the person who paid the deposit, or someone else authorised in writing by the person, if—
(a) the candidate is elected; or
(b) the candidate is excluded from the poll under schedule 4 but the candidate’s total votes at the time of exclusion are at least 20% of the quota for the election; or
(c) the candidate is not elected or excluded but at any stage of the counting the candidate’s total votes are at least 20% of the quota for the election; or
(d) the nominee dies before the candidates are declared for the election; or
(e) the candidate dies before polling day.
(3) If subsection (2) does not apply, the deposit is forfeited to the Territory when the result of the election is declared.
10 Printing of ballot
papers
Section 116 (3) and (4)
omit
substitute
121 Certified extracts and certified lists of electors
(1) As soon as practicable after the roll for an electorate closes, the commissioner must—
(a) prepare—
(i) a certified extract of electors; and
(ii) a certified list of electors; and
(b) give a copy of the certified list to the OIC for each polling place; and
(c) on request by a candidate for the electorate—give a copy of the certified extract to the candidate.
(2) For subsection (1) (c), the candidate may ask for, and the commissioner may give, the certified extract in either electronic or paper form.
(3) In this Act:
certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each elector enrolled who will be at least 18 years of age on polling day.
certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains—
(a) a certified extract of electors; and
(b) each elector’s year of birth and gender.
substitute
121A Use of information from certified extracts or certified lists
13 Section 121A (1), definition of protected information
substitute
protected information, in relation to a person, means information that the person knows, or has reasonable grounds for believing, was obtained from either of the following, given to the person or someone else under section 121 (1):
(a) a copy of a certified extract of electors;
(b) a copy of a certified list of electors.
14 Meaning of authorised
witness
Section 127
omit
15 Requirements for casting postal
votes
Section 144A (2) and note
substitute
(2) To cast a postal vote, the person must—
(a) complete and sign the declaration; and
(b) mark the person’s vote on the ballot paper; and
(c) fold the ballot paper, place it in the envelope addressed to the commissioner and fasten the envelope; and
(d) either—
(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 by polling day.
Note For restrictions on sending completed ballot and voting papers by fax, see s 329.
16 Assistance to
voters
Section 156 (2) (a)
omit
or, if there is no such nominee, an authorised witness
17 Activities of campaign
committees
Section 200 (1)
after
taken to be
insert
received,
18 Immaterial delays and
errors
Section 268 (1) (b)
omit
certified lists of electors
substitute
certified extracts of electors
19 Correcting delays, errors and
omissions
Section 332 (1)
after
roll,
insert
certified extract of electors,
20 Dictionary, definition of authorised witness
omit
21 Dictionary, definition of certified list of electors
substitute
certified extract of electors, for an election in an electorate—see section 121.
certified list of electors, for an election in an electorate—see section 121.
22 Dictionary, definition of declaration voting papers, paragraph (c)
substitute
(c) for declaration voting papers other than for postal voting—a
certificate, in the form approved under section 340A for this paragraph, to be
completed by a witness to the declaration; and
Part 3 Electoral Regulation 1993
23 Declaration ballot
papers
Section 5A
omit
above
substitute
next to
Schedule 1 Aboriginal and Torres Strait
Islander Elected Body Act 2008—Consequential amendments
(see s 3)
[1.1] Schedule 1, part
1.2
Modification 1.7 heading
substitute
[1.7] Candidates to be nominated
Section 105 (2), (2A) and
(3)
[1.2] Schedule 1, part
1.2
Modification 1.30 heading
substitute
[1.30] Certified list of electors
Section 121 (1) (c) and
(2)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2011.
2 Notification
Notified under the Legislation Act on 2011.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2011
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