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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT
(ELECTIONS) BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 44 amended (Term of office)
6. Section 46 amended (Term of office of councillors)
7. Section 46A substituted
46A. Term of office relating to elections in 2011
8. Section 254 amended (Entitlement to vote)
9. Section 257 substituted
257. Electoral enrolment form
10. Part 15, Division 2A inserted
Division 2A - Compulsory voting
262A. Voting compulsory in certain cases
262B. Offence of failing to vote where voting compulsory
262C. Notice of failure to vote
262D. Second notice - no response
262E. Determination of valid and sufficient reason for
failure to vote
262F. Determination notice - reason for failure to vote not
accepted
262G. Option to pay penalty
262H. Infringement notice
[Bill 21]-XI
11. Section 268A amended (Closing day and polling period)
12. Schedule 5 amended (Office of Councillors)
13. Repeal of Act
2
LOCAL GOVERNMENT AMENDMENT
(ELECTIONS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
16 April 2013
(Brought in by the Minister for Local Government, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment (Elections) Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 21] 3
Local Government Amendment (Elections) Act 2013
Act No. of
s. 3
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of Standards Panel
the following definition:
Tasmanian Electoral Commission means the
Tasmanian Electoral Commission
established by section 6 of the Electoral
Act 2004;
5. Section 44 amended (Term of office)
Section 44(1) of the Principal Act is amended by
omitting "2 years" and substituting "4 years".
6. Section 46 amended (Term of office of councillors)
Section 46 of the Principal Act is amended by
omitting subsections (2), (2A) and (2B).
7. Section 46A substituted
Section 46A of the Principal Act is repealed and
the following section is substituted:
*No. 95 of 1993
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Local Government Amendment (Elections) Act 2013
Act No. of
s. 8
46A. Term of office relating to elections in 2011
The term of office of a councillor elected
in the election held in October 2011 in
respect of a municipal area is the period
concluding on the day on which the
certificate of election is issued in respect
of the ordinary election due to be held in
October 2013 in respect of the municipal
area.
8. Section 254 amended (Entitlement to vote)
Section 254 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) A person is entitled to vote in an election
in a municipal area on behalf of a
corporate body if a nomination of the
person to vote in an election in the
municipal area on behalf of the corporate
body has effect under section 255.
9. Section 257 substituted
Section 257 of the Principal Act is repealed and
the following section is substituted:
257. Electoral enrolment form
(1) A person who is entitled under
section 254(2) to vote in an election in a
municipal area may lodge with the
general manager an electoral enrolment
form in respect of the municipal area.
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Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
(2) An electoral enrolment form lodged
under subsection (1) is to be in an
approved form.
10. Part 15, Division 2A inserted
After section 262 of the Principal Act, the
following Division is inserted in Part 15:
Division 2A - Compulsory voting
262A. Voting compulsory in certain cases
(1) A person who is entitled to vote in a
municipal area by virtue of
section 254(1) must vote in an election in
the municipal area.
(2) A person who is entitled to vote in a
municipal area by virtue of
section 254(2) or (2A) and who is
enrolled on the roll kept under
section 258(1) in respect of the municipal
area must vote in an election in the
municipal area.
262B. Offence of failing to vote where voting
compulsory
(1) An elector who must, in accordance with
section 262A, vote in an election in a
municipal area must not, without a valid
and sufficient reason, fail to vote in the
election.
6
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
Penalty: 1 penalty unit.
(2) Without limiting subsection (1), for the
purposes of this Act it is a valid and
sufficient reason for failing to vote in an
election if the elector -
(a) was incapable of voting at the
election; or
(b) was ineligible to vote at the
election; or
(c) believes it to be part of his or her
religious duty to abstain from
voting.
(3) Proceedings for an offence under
subsection (1) may be instituted only by
the Tasmanian Electoral Commission or
the Director of Public Prosecutions.
262C. Notice of failure to vote
(1) After each election in a municipal area,
the Electoral Commissioner is to prepare
a list of names and addresses of electors
who must, in accordance with
section 262A, vote in the election and
who have failed to vote in the election.
(2) Subject to subsection (5), as soon as
practicable after an election, the Electoral
Commissioner is to send, by post, a
notice of failure to vote to each elector
7
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
whose name appears on a list prepared
under subsection (1).
(3) The notice under subsection (2) is to be
in an approved form, specify the date by
which the notice is to be returned to the
Electoral Commissioner (the return
date) and include a statement to the
effect that -
(a) the elector appears be a person
who must vote in an election in
the municipal area and has failed
to vote in that election; and
(b) it is an offence for an elector to
fail, without a valid and sufficient
reason, to vote at an election in a
municipal area in which he or she
must, in accordance with
section 262A, vote; and
(c) if the elector believes he or she
voted in the election he or she
may, on or before the return date,
provide the Electoral
Commissioner with particulars in
writing as to why the elector
believes he or she voted in the
election; and
(d) if the elector failed to vote in the
election and does not wish to be
issued with an infringement
notice under section 262H, the
8
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
elector may, on or before the
return date -
(i) provide the Electoral
Commissioner with
particulars in writing as to
any reason why the
elector failed to vote in
the election; or
(ii) pay the Electoral
Commissioner the notice
of failure to vote penalty
in accordance with
section 262G.
(4) The return date is to be a date not less
than 21 days after the notice referred to
in subsection (2) is sent.
(5) If the Electoral Commissioner is satisfied
that an elector whose name appears on a
list prepared under subsection (1) has a
valid and sufficient reason for failing to
vote in the election, the Electoral
Commissioner is to take no further action
under this Division in relation to the
failure to vote.
262D. Second notice - no response
(1) If an elector to whom a notice under
section 262C(2) in respect of an election
is sent does not, by the return date
specified in the notice in accordance with
section 262C(3) -
9
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
(a) provide the Electoral
Commissioner with particulars in
writing as to why the elector
believes he or she voted in the
election; or
(b) take an action referred to in
section 262C(3)(d)(i) or (ii) -
the Electoral Commissioner is, as soon as
practicable, to send, by post, a second
notice of failure to vote to the elector.
(2) The second notice is to be in an approved
form, specify the date by which the
notice is to be returned to the Electoral
Commissioner (the second return date)
and include -
(a) the statement required under
section 262C(3); and
(b) a statement to the effect that a
notice was sent by post to the
elector under section 262C(2) and
that the elector has not -
(i) provided the Electoral
Commissioner with
particulars in writing as to
why the elector believes
he or she voted in the
election to which the
notice relates; or
10
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
(ii) taken an action referred to
in section 262C(3)(d)(i)
or (ii); and
(c) a statement to the effect that, if
the elector does not, by the
second return date -
(i) provide the Electoral
Commissioner with
particulars in writing as to
why the elector believes
he or she voted in the
election to which the
notice relates; or
(ii) provide the Electoral
Commissioner with
particulars in writing as to
any reason why the
elector failed to vote in
the election; or
(iii) pay to the Electoral
Commissioner the notice
of failure to vote penalty
in accordance with
section 262G -
the Electoral Commissioner may
issue an infringement notice
under section 262H to the elector.
(3) The second return date is to be a date not
less than 14 days after the second notice
is sent.
11
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
262E. Determination of valid and sufficient reason
for failure to vote
(1) If the Electoral Commissioner receives -
(a) before the return date specified in
a notice in accordance with
section 262C sent to an elector; or
(b) before the second return date
specified in a notice, if any,
under section 262D sent to the
elector -
particulars in writing as to any reason
why the elector failed to vote in the
election, the Electoral Commissioner is
to determine whether, in his or her
opinion, the elector has a valid and
sufficient reason for failing to vote in the
election.
(2) If the Electoral Commissioner
determines under subsection (1) that an
elector has a valid and sufficient reason
for failing to vote in the election, the
Electoral Commissioner is to take no
further action under this Division in
relation to the failure to vote.
262F. Determination notice - reason for failure to
vote not accepted
(1) If -
12
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
(a) an elector has been sent a notice
in accordance with section 262C
or 262D in relation to an election;
and
(b) the Electoral Commissioner
receives -
(i) before the return date
specified in the notice in
accordance with
section 262C in respect of
an elector; or
(ii) before the second return
date specified in a notice,
if any, under
section 262D sent to the
elector -
particulars in writing from the
elector as to any reason why the
elector failed to vote in the
election; and
(c) the Electoral Commissioner
determines under section 262E
that the reason is not a valid and
sufficient reason for failing to
vote in the election -
the Electoral Commissioner is to, as soon
as practicable, send, by post, a
determination notice to the elector.
(2) The determination notice is to be in an
approved form, specify a date (the return
13
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
date) and include a statement to the
effect that -
(a) the Electoral Commissioner has
determined that the reason
provided by the elector is not a
valid and sufficient reason for
failing to vote in the election to
which the notice relates; and
(b) it is an offence for a person who
must, in accordance with
section 262A, vote in an election
in a municipal area to fail,
without a valid and sufficient
reason, to vote at an election in
the municipal area; and
(c) if the elector does not wish to be
issued with an infringement
notice under section 262H, he or
she may, on or before the return
date, pay the Electoral
Commissioner the notice of
failure to vote penalty in
accordance with section 262G.
(3) The return date is to be a date not less
than 14 days after the determination
notice is sent.
262G. Option to pay penalty
(1) An elector may pay to the Electoral
Commissioner a notice of failure to vote
penalty of 0.2 penalty units.
14
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
(2) If an elector fails to vote at an election
and pays a notice of failure to vote
penalty of 0.2 penalty units -
(a) any liability of the elector under
section 262B(1) in respect of the
failure to vote is discharged; and
(b) proceedings for an offence
against that section are not to be
instituted against the elector in
respect of the failure; and
(c) an infringement notice in
accordance with section 262H is
not to be issued against the
elector in respect of the failure.
262H. Infringement notice
(1) If -
(a) an elector has been sent a second
notice of failure to vote in
accordance with section 262D;
and
(b) the elector has not, by the second
return date, within the meaning of
that section, specified in the
notice -
(i) provided the Electoral
Commissioner with
particulars in writing as to
why the elector believes
15
Local Government Amendment (Elections) Act 2013
Act No. of
s. 10
he or she voted in the
election to which the
notice relates; or
(ii) provided the Electoral
Commissioner with
particulars in writing as to
any reason why the
elector failed to vote in
the election; or
(iii) paid to the Electoral
Commissioner the notice
of failure to vote penalty
in accordance with
section 262G -
the Electoral Commissioner may issue an
infringement notice to the elector.
(2) If -
(a) an elector has been sent a
determination notice under
section 262F in respect of an
election; and
(b) the elector has not, by the return
date specified in the notice, paid
to the Electoral Commissioner the
notice of failure to vote penalty in
accordance with section 262G -
the Electoral Commissioner may issue an
infringement notice to the elector.
16
Local Government Amendment (Elections) Act 2013
Act No. of
s. 11
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005 and include either -
(a) a statement that the elector has
failed to respond to a second
notice sent in accordance with
section 262D; or
(b) a statement that the elector has
failed to pay to the Electoral
Commissioner the notice of
failure to vote penalty in
accordance with section 262G on
or before the return date specified
in the determination notice sent to
the elector under section 262F.
(4) A notice of failure to vote sent under
section 262C, a second notice of failure
to vote sent under section 262D, or a
determination notice sent under
section 262F, is not an infringement
notice for the purposes of the Monetary
Penalties Enforcement Act 2005.
(5) For the purposes of an infringement
notice, the penalty is 0.4 penalty units.
11. Section 268A amended (Closing day and polling
period)
Section 268A(1) of the Principal Act is amended
as follows:
17
Local Government Amendment (Elections) Act 2013
Act No. of
s. 12
(a) by inserting "in any year" after "for an
election";
(b) by omitting "any uneven year" and
substituting "the year".
12. Schedule 5 amended (Office of Councillors)
Clause 3(1) of Schedule 5 to the Principal Act is
amended by inserting after paragraph (e) the
following paragraphs:
(ea) is, on the day on which he or she begins
to hold that office, a member of the
Legislative Council, or the House of
Assembly, and is such a member for 30
days continuously during that term of
office of the councillor; or
(eb) becomes, after the day on which he or
she begins to hold that office, a member
of the Legislative Council, or the House
of Assembly, and is such a member for
12 months continuously during that term
of office as a councillor; or
13. Repeal of Act
This Act is repealed on the three hundredth and
sixty fifth day from the day on which it
commences.
18 Government Printer, Tasmania