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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTORAL AMENDMENT BILL 2000

                      Western Australia



        Electoral Amendment Bill 2000

                         CONTENTS


                  Part 1 -- Preliminary
1.     Short title                                     2
2.     Commencement                                    2
3.     The Act amended                                 2
          Part 2 -- Amendments about writs
4.     Section 4 amended                               3
5.     Section 13 amended                              3
6.     Section 14 amended                              4
7.     Section 63 repealed                             4
8.     Section 64 amended                              4
9.     Section 65 replaced                             5
10 .   Section 67 amended                              5
11 .   Section 69 replaced                             6
12 .   Section 72 amended                              6
13 .   Section 73 repealed                             6
14 .   Section 74 replaced                             7
15 .   Section 75 amended                              7
16 .   Section 76 amended                              8
17 .   Section 88 amended                              8
18 .   Section 147 replaced                            9
19 .   Section 156E amended                           12
20 .   Section 175Y amended                           12
21 .   Section 191A amended                           12
22 .   Constitution Act 1889 amended                  13
23 .   Constitution Acts Amendment Act 1899 amended   13
24 .   Public Sector Management Act 1994 amended      13
25 .   Referendums Act 1983 amended                   13


                                                      page i
                          134--1B
Electoral Amendment Bill 2000



Contents



   26 .     Salaries and Allowances Act 1975 amended                  14
   27 .     Tobacco Control Act 1990 amended                          15

            Part 3 -- Amendments about Registrars,
                      enrolment and rolls
   28 .     Various provisions as to Registrars and their functions
            amended                                                   16
   29 .     Various provisions as to arrangements with the
            Commonwealth amended                                      21
   30 .     Section 25 replaced                                       22
   31 .     Sections 17 and 119 amended                               23
           Part 4 -- Amendments about nominations
   32 .     Section 70 amended                                        24
   33 .     Section 78 amended                                        24
   34 .     Section 81A inserted                                      24
   35 .     Section 83 amended                                        26
   36 .     Section 84 amended                                        26
   37 .     Section 85 replaced                                       27
   38 .     Various provisions amended                                27
   39 .     Section 86 amended                                        27
   40 .     Section 87 amended                                        27
   41 .     Section 113D amended                                      28
           Part 5 -- Amendments about early voting
   42 .     Section 4 amended                                         29
   43 .     Section 90 amended                                        29
   44 .     Section 92 amended                                        31
   45 .     Section 93 amended                                        33
   46 .     Section 211 amended                                       34
   47 .     Consequential amendments                                  34
   48 .     Referendums Act 1983 amended                              36
           Part 6 -- Amendments about polling places
   49 .     Section 100 amended                                       37
   50 .     Section 112 amended                                       38
   51 .     Section 142A amended                                      38
   52 .     Section 144 amended                                       38
   53 .     Referendums Act 1983 amended                              39


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                                        Electoral Amendment Bill 2000



                                                             Contents



       Part 7 -- Amendments about vacancies in
                the Legislative Council
54 .    Section 156A amended and consequential
        amendments                                             40
55 .    Constitution Acts Amendment Act 1899 amended           41
56 .    Salaries and Allowances Act 1975 amended               41
         Part 8 -- Amendments about political
                      finance
57 .    Part VI heading replaced                               43
58 .    Section 175 amended                                    43
59 .    Section 175E amended                                   43
60 .    Section 175ZF amended                                  43
            Part 9 -- Amendments about the
             registration of political parties
61 .    Section 4 amended                                      45
62 .    Part IIIA inserted                                     46
63 .    Section 25A amended                                    59
64 .    Section 113C amended                                   60
65 .    Section 175 amended                                    60
       Part 10 -- Amendments about transmission
                  of electoral matter
66 .    Section 4 amended                                      61
67 .    Sections 142 and 142A amended                          61
68 .    Section 144 amended                                    61
69 .    Section 209 amended                                    61
70 .    Section 210 replaced                                   62
             Part 11 -- General amendments
71 .    Section 5F amended                                     63
72 .    Section 5G amended                                     63
73 .    Section 99A amended                                    63
74 .    Section 103 repealed                                   64
75 .    Section 122A amended                                   64
76 .    Section 126 amended and consequential amendments
        to sections 122A and 150                               64


                                                              page iii
Electoral Amendment Bill 2000



Contents



   77 .    Section 130 amended                                 65
   78 .    Section 187 amended                                 66
   79 .    Section 191A amended                                66
   80 .    Miscellaneous amendments about ballot paper forms
           and saving provision                                67
   81 .    Other miscellaneous amendments                      67




page iv
                           Western Australia



                     LEGISLATIVE ASSEMBLY



            Electoral Amendment Bill 2000


                               A Bill for


An Act to amend the Electoral Act 1907 and to make related
amendments to other Acts.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Electoral Amendment Bill 2000
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Electoral Amendment Act 2000.

     2.         Commencement
5         (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         The Act amended
                The amendments in this Act are to the Electoral Act 1907*
10              unless otherwise indicated.
                [* Reprinted as at 22 April 1997.
                   For subsequent amendments see 1999 Index to Legislation of
                   Western Australia, Table 1, p. 77.]




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                                                Electoral Amendment Bill 2000
                                          Amendments about writs       Part 2

                                                                                   s. 4



                  Part 2 -- Amendments about writs
     4.   Section 4 amended
          Section 4 is amended as follows:
            (a) by inserting in the appropriate alphabetical position --
5         "
                    "general polling place" has the meaning given by
                        section 100(3);
                                                                              ";
              (b)    in both paragraphs of the definition of "general election"
10                   by deleting "writs for which are issued pursuant to a
                     warrant" and, in each case, inserting instead --
                     " writ for which is issued ";
              (c)    by deleting the definition of "writ" and inserting
                     instead --
15            "
                    "writ" means a writ directing the Electoral
                        Commissioner to proceed with an election in a
                        district, elections in all the districts, an election in
                        a region or elections in all the regions.
20                                                                                  ".

     5.   Section 13 amended
          Section 13 is amended by deleting "an election for such region
          or district until such writ is executed or returned" and inserting
          instead --
25        "
                    a general election, or an election in that region or
                    district, before sending any statement required under
                    section 147(1)(b)
                                                                                    ".




                                                                              page 3
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 6



     6.         Section 14 amended
          (1)   Section 14(1) is amended as follows:
                    (a)    by inserting after "writ for" --
                           " a general election or ";
5                   (b)    by deleting "such writ, so far as it is not executed, may
                           be executed and returned" and inserting instead --
                "
                          so far as the Returning Officer's functions under this
                          Act in relation to the writ and the election have yet to
10                        be completed, those functions may be performed
                                                                                       ".
          (2)   Section 14(2) is repealed.

     7.         Section 63 repealed
                Section 63 is repealed.

15   8.         Section 64 amended
          (1)   Section 64(1) is amended by deleting "by warrant under his
                hand in the prescribed form direct the Clerk of the Writs to issue
                writs" and inserting instead --
                "    cause a writ to be issued     ".
20        (2)   Section 64(2) is amended as follows:
                 (a) by deleting "for writs" and inserting instead --
                       " for a writ ";
                 (b) by deleting "by warrant under his hand in the prescribed
                       form direct the Clerk of the Writs to issue those writs"
25                     and inserting instead --
                       " cause that writ to be issued ".
          (3)   Section 64(3) is repealed.



     page 4
                                                        Electoral Amendment Bill 2000
                                                  Amendments about writs       Part 2

                                                                                         s. 9



     9.              Section 65 replaced
                     Section 65 is repealed and the following section is inserted
                     instead --
     "
5            65.             Notice to be published
                     (1)     The Electoral Commissioner is to publish notice of the
                             issue of a writ under section 64, 67 or 156E in the
                             Gazette.
                     (2)     The notice is to state the day of issue of the writ.
10                                                                                        ".

     10.             Section 67 amended
           (1)       Section 67(1) is amended by deleting "by warrant under his
                     hand, in the prescribed form, direct the Clerk of the Writs to
                     issue a writ" and inserting instead --
15                   "     cause a writ to be issued   ".
           (2)       Section 67(2) is amended by deleting "by warrant under his
                     hand in the prescribed form, direct the Clerk of the Writs to
                     issue a writ" and inserting instead --
                     "     cause a writ to be issued   ".
20         (3)       Section 67(3) is amended by deleting "by warrant under his
                     hand direct the Clerk of the Writs to issue a writ" and inserting
                     instead --
                     "     cause a writ to be issued   ".
           (4)       Section 67(4) and the proviso to it are repealed and the
25                   following subsections are inserted instead --
                 "
                     (4)     In the case of a vacancy caused by death, the Speaker
                             or the Governor, as the case may require, is to cause
                             the writ to be issued on receiving notice of the death in
30                           the prescribed form signed by 2 members of the
                             Assembly of which the deceased was a member.

                                                                                    page 5
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 11



                 (4a)     However, subject to section 39(4) of the Constitution
                          Acts Amendment Act 1899, if the Speaker or Governor,
                          as the case may be, is satisfied of the existence of the
                          vacancy, the writ can be issued whether or not notice
5                         has been received under subsection (4).
                                                                                     ".
           (5)     Section 67(5) is amended by deleting "by warrant under his
                   hand, direct the Clerk of the Writs to issue a writ" and inserting
                   instead --
10                 "    cause a writ to be issued   ".
           (6)     Section 67(6) is repealed.

     11.           Section 69 replaced
                   Section 69 is repealed and the following section is inserted
                   instead --
15   "
             69.          Form of writ
                          A writ   is to be in the prescribed form and is to fix --
                           (a)      the last day for the nomination of candidates;
                           (b)      the day for the polling ("polling day"); and
20                         (c)      the last day for the return of the writ.
                                                                                     ".

     12.           Section 72 amended
           (1)     Section 72(1) is amended by inserting after "fixed" --
                   "    as the last day ".
25         (2)     Section 72(2) is repealed.

     13.           Section 73 repealed
                   Section 73 is repealed.


     page 6
                                                  Electoral Amendment Bill 2000
                                            Amendments about writs       Part 2

                                                                                   s. 14



     14.         Section 74 replaced
                 Section 74 is repealed and the following section is inserted
                 instead --
     "
5          74.         Address and distribution of writs
                       A writ is to be addressed to the Electoral
                       Commissioner and the Electoral Commissioner is to
                       forward a copy of the writ --
                         (a) in the case of a general election for the Council,
10                             to the Returning Officer and Deputy Returning
                               Officers for each region;
                         (b) in the case of any other election in a region, to
                               the Returning Officer and Deputy Returning
                               Officers for the region;
15                       (c) in the case of a general election for the
                               Assembly, to the Returning Officer for each
                               district;
                         (d) in the case of any other election in a district, to
                               the Returning Officer for the district.
20                                                                                   ".

     15.         Section 75 amended
                 Section 75(1), (2) and (3) are repealed and the following
                 subsections are inserted instead --
           "
25               (1)   Having received a writ for an election in a region or an
                       election in a district the Electoral Commissioner is to --
                         (a) advertise in the region or district the day of
                               issue of the writ and the writ's particulars;
                         (b) as soon as practicable after receiving the writ,
30                             advertise in the region or district the place of
                               nomination appointed under section 85(1) for
                               the election; and


                                                                              page 7
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 16



                     (c)    publish whatever information the Electoral
                            Commissioner considers necessary to
                            adequately inform electors about polling places
                            at which the poll will be taken and polling areas
5                           declared under section 100(1)(i) in relation to
                            polling places.
              (2)   The advertisement under subsection (1)(a) must give at
                    least 10 clear days' public notice of polling day.
              (3)   In the case of a general election the Electoral
10                  Commissioner is to comply with subsections (1) and
                    (2) in respect of each region or district.
                                                                                ".

     16.      Section 76 amended
              Section 76(3) is amended by deleting "a writ" and inserting
15            instead --
              " the writ    ".

     17.      Section 88 amended
              Section 88(2) is amended as follows:
                (a) by deleting "and the writ issued in respect thereof shall
20                   be deemed to be vacated";
               (b) in paragraph (a) by deleting subparagraphs (ii) to (iv)
                     and "and" after subparagraph (iii) and inserting
                     instead --
                        "
25                                  and
                             (ii)   report the fact of the death and the date
                                    of the countermand of the notice of the
                                    poll to the Electoral Commissioner.
                                                                                ";



     page 8
                                                      Electoral Amendment Bill 2000
                                                Amendments about writs       Part 2

                                                                                      s. 18



                  (c)        in paragraph (b) by deleting subparagraphs (ii) to (iv) and
                             "and" after subparagraph (iii) and inserting instead --
                                "
                                           and
5                                    (ii) report the fact of the death and the time
                                           of the closing of the poll to the Electoral
                                           Commissioner.
                                                                                           ";
                  (d)        after paragraph (b) by inserting --
10                      "
                            (ba)    On receipt of a report under paragraph (a)(ii) or
                                    (b)(ii) the Electoral Commissioner is to send a
                                    notice, with a copy of the report, to the Speaker
                                    or the Governor, whichever of them caused the
15                                  writ to be issued.
                            (bb)    If there is no Speaker, and Parliament is not in
                                    session, or if the Speaker is absent from the
                                    State, a notice under paragraph (ba) may be
                                    sent to the Governor in any case.
20                                                                                         ";
                  (e)        in paragraph (d) by deleting "Upon the return to the
                             Clerk of the Writs of a writ which has been vacated as
                             aforesaid" and inserting instead --
                             " When a notice is sent under paragraph (ba) ".
25   18.      Section 147 replaced
              Section 147 is repealed and the following section is inserted
              instead --
     "
           147.             Declaration of poll and certification and return of writ
30            (1)           As soon as practicable after the result of the election
                            has been ascertained, the Returning Officer is to --
                              (a) at a place in the region or district, as the case
                                   requires, appointed by the Returning Officer


                                                                                   page 9
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 18



                             declare the result of the election and the name
                             of the candidate, or names of the candidates,
                             elected; and
                      (b)    send to the Electoral Commissioner a written
5                            statement setting out --
                                (i) the result of the election;
                               (ii) the day on which the result was
                                     declared; and
                              (iii) the name of the candidate, or names of
10                                   the candidates, elected.
               (2)   A statement under subsection (1)(b) is not required if
                     the election in the region or district has wholly failed or
                     the Returning Officer has given the Electoral
                     Commissioner a notification under section 145(3).
15             (3)   In the case of a general election for the Council, when
                     all the statements required under subsection (1)(b) have
                     been received the Electoral Commissioner is to certify
                     on the writ, in respect of each region --
                       (a) the names of the candidates elected; and
20                     (b) the day on which the result of the election was
                              declared.
               (4)   In the case of any other election in a region, when the
                     statement required under subsection (1)(b) has been
                     received the Electoral Commissioner is to certify on
25                   the writ --
                       (a) the name of the candidate, or names of the
                             candidates, elected; and
                       (b) the day on which the result of the election was
                             declared.
30             (5)   In the case of a general election for the Assembly,
                     when all, or all except not more than 5, of the
                     statements required under subsection (1)(b) have been

     page 10
                                       Electoral Amendment Bill 2000
                                 Amendments about writs       Part 2

                                                                        s. 18



            received the Electoral Commissioner is to certify on
            the writ, in respect of each district for which a
            statement has been received --
              (a) the name of the candidate elected; and
5             (b) the day on which the result of the election was
                    declared.
      (6)   In the case of any other election in a district, when the
            statement required under subsection (1)(b) has been
            received the Electoral Commissioner is to certify on
10          the writ --
              (a) the name of the candidate elected; and
              (b) the day on which the result of the election was
                    declared.
      (7)   A certificate under (3), (4), (5) or (6) is to be signed
15          and dated by the Electoral Commissioner.
      (8)   The writ is to be regarded as having been returned on
            the date of the certificate.
      (9)   As soon as practicable after the return of the writ the
            Electoral Commissioner is to forward to the Clerk of
20          the Council or the Clerk of the Assembly, as the case
            may require, the name of the member, or names of the
            members, elected together with a copy of the certified
            writ.
     (10)   If in the case of a general election for the Assembly a
25          statement required under subsection (1)(b) is received
            after the writ has been certified under subsection (5),
            the Electoral Commissioner is to --
              (a) comply with subsections (5) and (7) in respect
                     of the district for which the statement was
30                   received; and




                                                                   page 11
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 19



                            (b)    forward to the Clerk of the Assembly the name
                                   of the member elected together with a copy of
                                   the writ as further certified,
                       but the writ is still regarded as having been returned on
5                      the date of the original certificate.
                                                                                     ".

     19.         Section 156E amended
           (1)   Section 156E(1) is amended by deleting "by warrant under his
                 hand direct the Clerk of the Writs to issue a writ" and inserting
10               instead --
                 "   cause a writ to be issued     ".
           (2)   Section 156E(2) is amended by deleting "warrant" and inserting
                 instead --
                 "   writ     ".
15         (3)   Section 156E(3) is repealed.

     20.         Section 175Y amended
                 Section 175Y(b) is amended by deleting "writs for a general
                 election are" and inserting instead --
                 "   writ for a general election is     ".

20   21.         Section 191A amended
                 Section 191A(4) is amended in the definition of "relevant
                 period" by deleting "warrant for the issue of the writs" and
                 inserting instead --
                 "   writ     ".




     page 12
                                                 Electoral Amendment Bill 2000
                                           Amendments about writs       Part 2

                                                                             s. 22



     22.         Constitution Act 1889 amended
                 Section 13 of the Constitution Act 1889* is amended by deleting
                 "that any of the writs of election not exceeding 5 shall not have
                 been returned, or".
5                [* Reprinted as at 1 March 1993.
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, pp. 45-6.]

     23.         Constitution Acts Amendment Act 1899 amended
                 Section 8(6) of the Constitution Acts Amendment Act 1899* is
10               amended by deleting "writs" and inserting instead --
                 "   a writ        ".
                 [* Reprinted as at 15 April 1999.
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, pp. 49-50.]

15   24.         Public Sector Management Act 1994 amended
                 Section 72(1)(b) of the Public Sector Management Act 1994* is
                 amended by deleting "writs" and inserting instead --
                 "   writ     ".
                 [* Reprinted as at 26 March 1999.
20                  For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, pp. 203-4.]

     25.         Referendums Act 1983 amended
           (1)   The amendments in this section are to the Referendums
                 Act 1983*.
25               [* Reprinted as at 21 January 2000.]
           (2)   Section 2(1) is amended by deleting the definition of "Clerk of
                 the Writs".


                                                                          page 13
     Electoral Amendment Bill 2000
     Part 2         Amendments about writs

     s. 26



           (3)   Section 4(1) is amended by deleting ", by warrant under his
                 hand, direct the Clerk of the Writs to issue a writ" and inserting
                 instead --
                 "    cause a writ to be issued   ".
5          (4)   Section 4(2) is amended as follows:
                     (a)   by deleting "warrant" and inserting instead --
                           " writ ";
                     (b)   by inserting after "published" --
                           " by the Electoral Commissioner ".
10         (5)   Section 4(3) is repealed.
           (6)   Section 8(a) is amended as follows:
                     (a)   by deleting ", by his warrant under section 4(1), direct
                           the Clerk of the Writs to attach to the writ" and inserting
                           instead --
15                         " cause ";
                     (b)   by deleting "and the Clerk of the Writs shall give effect
                           to that direction" and inserting instead --
                           " to be attached to the writ ".

     26.         Salaries and Allowances Act 1975 amended
20               Section 11A(5) of the Salaries and Allowances Act 1975* is
                 amended as follows:
                  (a) by deleting "writs for a general or" and inserting
                        instead --
                        " writ for a general election or writs for a ";
25                (b) by deleting "those" and inserting instead --
                        " the writ or ".
                 [* Reprinted as at 26 April 1994.
                    For subsequent amendments see 1999 Index to Legislation of
                    Western Australia, Table 1, p. 224.]

     page 14
                                        Electoral Amendment Bill 2000
                                  Amendments about writs       Part 2

                                                                   s. 27



    27.   Tobacco Control Act 1990 amended
          Section 26(6) of the Tobacco Control Act 1990* is amended by
          deleting "writs" and inserting instead --
          "   writ   ".
5         [* Act No. 104 of 1990.
             For subsequent amendments see 1999 Index to Legislation of
             Western Australia, Table 1, p. 250.]




                                                                page 15
    Electoral Amendment Bill 2000
    Part 3         Amendments about Registrars, enrolment and rolls

    s. 28



                Part 3 -- Amendments about Registrars,
                          enrolment and rolls
    28.         Various provisions as to Registrars and their functions
                amended
5         (1)   Amendments are made as set out in the Table to this subsection.
                                 Table of amendments
                s. 4(1)        Delete the definition of "Registrar".
                s. 6(1)        Delete "Registrars", insert instead --
                               " enrolment officers ".
                s. 6(2)        Delete "a Registrar", insert instead --
                               " an enrolment officer ".
                               Delete "appointed Registrar", insert instead --
                               " appointed as an enrolment officer ".
                s. 7           Delete "Registrar or" in both places.
                s. 8           Repeal the section.
                s. 11          Repeal the section.
                s. 20          Repeal the section.
                s. 31(2)(b)    Delete "Registrar of a district or sub-district", insert
                               instead --
                               " Electoral Commissioner or an
                                  enrolment officer
                                                                                          ".
                s. 31A(3)      Delete "Registrar for the district or sub-district for
                               which that person is enrolled to remove the name of
                               the person", insert instead --
                               " name of the person to be removed ".
                s. 31B(2)(b)   Delete "a Registrar", insert instead --
                               " the Electoral Commissioner ".
                s. 32          Repeal the section.
                s. 33          Repeal the section.
                s. 36          Repeal the section.

    page 16
                                 Electoral Amendment Bill 2000
 Amendments about Registrars, enrolment and rolls       Part 3

                                                                 s. 28



s. 37       After "prepared" insert --
            " by enrolment officers        ".
s. 39       After "prepared" insert --
            "
                 , by enrolment officers under the
                 supervision of the Electoral
                 Commissioner,
                                                                    ".
s. 40(2)    Delete "Registrar for the district for which the roll is
            being prepared", insert instead --
            "
                   enrolment officer preparing a roll for a
                   district
                                                                   ".
s. 41       Delete "the Registrars", insert instead --
            " enrolment officers ".
s. 42(c)    Delete the paragraph, insert instead --
            "
                   (c)    is to be sent to the Electoral
                          Commissioner who shall
                          cause the claim, and any
                          request lodged with it under
                          section 51B(1), to be
                          referred to and recorded by
                          an enrolment officer (in this
                          Division and section 47
                          called "the enrolment
                          officer").
                                                                   ".
s. 44A(2)   Delete "filed in the Registrar's office under
            section 32".




                                                              page 17
Electoral Amendment Bill 2000
Part 3         Amendments about Registrars, enrolment and rolls

s. 28



          s. 45(1)      Delete "Registrar of the district or sub-district for
                        which he is entitled to be enrolled", insert instead --
                        " Electoral Commissioner ".
          s. 45(2)      Delete "Registrar of the district or sub-district", insert
                        instead --
                        " Electoral Commissioner ".
          s. 45(4)      Delete the subsection, insert instead --
                        "
                           (4)     The Electoral Commissioner or the
                                   enrolment officer shall issue a
                                   receipt to an elector for each claim
                                   received from the elector.
                                                                                ".
          s. 45(5)      Delete "Registrar keeping the roll on which the
                        person claims to be enrolled", insert instead --
                        "
                                 Electoral Commissioner for enrolment
                                 on the relevant roll
                                                                                ".
          s. 45(6)      Delete "Registrar keeping the roll on which the
                        person is enrolled", insert instead --
                        " Electoral Commissioner ".
          s. 48(2)(a)   Delete "Registrar", insert instead --
          and (b)       " Electoral Commissioner ".
          s. 48(2)      After paragraph (b) insert --
                        "
                           (ba) The Electoral Commissioner
                                shall cause the objection to be
                                referred to an enrolment officer.
                                                                                ".




page 18
                                 Electoral Amendment Bill 2000
 Amendments about Registrars, enrolment and rolls       Part 3

                                                                      s. 28



s. 51(1)       Repeal the subsection, insert instead --
               "
                   (1)      If the name of the same person
                            appears more than once on the same
                            roll, or on more than one district
                            roll, the Electoral Commissioner is
                            to cause all but the latest enrolled
                            name to be removed.
                                                                        ".
s. 51AA(1)     Delete "remove the name of that elector", insert
               instead --
               "
                         cause the name of that elector to be
                         removed
                                                                        ".
s. 51B(2)      Delete "Registrar keeping the roll", insert
               instead --
               " Electoral Commissioner ".
               After "on the roll" insert --
               "
                         and the Electoral Commissioner is to
                         cause the request to be referred to an
                         enrolment officer
                                                                        ".
s. 51B(4)(b)   Delete "made", insert instead --
               "   referred      ".
s. 51B(5)      Delete "a Registrar", insert instead --
               " an enrolment officer ".
s. 51B(7)      Delete "A Registrar for a district or sub-district",
               insert instead --
               " An enrolment officer ".
               Delete "the roll for that district or sub-district", insert
               instead --
               " a roll ".



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Electoral Amendment Bill 2000
Part 3         Amendments about Registrars, enrolment and rolls

s. 28



          s. 54           Delete "Registrar", insert instead --
                          " person ".
          s. 60(1)        After "ascertained" insert --
                          " and removed from the rolls ".
          s. 60(2)        Repeal the subsection.
          s. 62A(1),      Delete "a Registrar", insert instead --
          (2) and (4)     " an enrolment officer ".
          s. 62A(3)       Repeal the subsection.
          s. 90(1a)(c)    Delete "or the Registrar for any district".
          s. 112(1)       Delete "the Registrar shall provide".
                          Delete "with a roll", insert instead --
                          " shall cause a roll to be provided ".
          s. 122A         Delete subparagraph (i) and "and" after it, insert
          (1)(a)          instead --
                          "
                             (i) a duly completed claim for the
                                 enrolment of the person in respect of
                                 the region of which the district
                                 forms part, or the district, was
                                 received under section 42 before the
                                 close of the roll for the election; and
                                                                                ".
          s. 155(1)       Delete "or Registrar".
          s. 156(15)(b)   Delete "remove, or direct the Registrar to remove, the
                          name of that person", insert instead --
                          "
                                 cause the name of that person to be
                                 removed
                                                                                ".
          s. 194          Delete "Registrar" in both places, insert instead --
                          " Electoral Commissioner ".
          s. 208(b)       Delete "or the Registrar".




page 20
                                                     Electoral Amendment Bill 2000
                     Amendments about Registrars, enrolment and rolls       Part 3

                                                                                       s. 29



           (2)   In each place listed in the Table to this subsection "Registrar" is
                 deleted and the following is inserted instead --
                 "    enrolment officer     ".
                               Table of provisions amended
                 s. 40(3) and (4)
                 s. 44(2) and (3)
                 s. 44A(2) (in each of the 4 places), (3), (4) and (5)
                 s. 46(1), (2) and (3)
                 s. 47(1), (3) and (3)(a), (b), (ba) (in both places), (c) (in both
                     places), (d), (e), (f) and (g) (in each place)
                 s. 48(1)(b) (in the second place), (2)(c), (d), (e)(iii) and (f) and
                     (3)(a), (b), (ba) (in both places), (c) (in both places), (d) and (e)
                 s. 51B(4) (in both places), (5) (in the second place) and (7) (in the
                     second and third places)
                 s. 62A(1) (in the second place), (2) (in the second place) and
                     (4) (in the second and third places)
                 s. 195(1)
5          (3)   In each place listed in the Table to this subsection "the
                 Registrar" is deleted and the following is inserted --
                 "    an enrolment officer       ".
                               Table of provisions amended
                 s. 48(1)(b) (in the first place)
                 s. 48(3) (in the first place)
                 s. 49(1)
                 s. 52(1)
                 s. 122A(1)(a)(ii)

     29.         Various provisions as to arrangements with the
10               Commonwealth amended
                 Amendments are made as set out in the Table to this section.


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     Electoral Amendment Bill 2000
     Part 3         Amendments about Registrars, enrolment and rolls

     s. 30



                                   Table of amendments
                   s. 31(2)(a)    Delete "Electoral Registrar", insert instead --
                                  " Assistant Divisional Returning Officer         ".
                   s. 31(6)       Delete "4 of the Australian Electoral Office
                                  Act 1973", insert instead --
                                  "
                                         20 of the Commonwealth Electoral
                                         Act 1918
                                                                                        ".
                   s. 31B(2)(c)   Delete "46A", insert instead --
                   and (3)        " 104 ".
                   s. 46(1)(b)    Delete "Office (within the meaning of section 4 of
                                  the Australian Electoral Office Act 1973 of the
                                  Commonwealth Parliament)", insert instead --
                                  "
                                         Commission established by section 6
                                         of the Commonwealth Electoral
                                         Act 1918
                                                                                        ".
                                  Delete "office", insert instead --
                                  " Commission ".


     30.           Section 25 replaced
                   Section 25 is repealed and the following section is inserted
                   instead --
5    "
             25.         Inspection and purchase of rolls
                   (1)   The Electoral Commissioner is to make rolls available,
                         in any form the Electoral Commissioner thinks fit, for
                         inspection by the public, without fee, at the office of
10                       the Electoral Commissioner.

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                                                     Electoral Amendment Bill 2000
                     Amendments about Registrars, enrolment and rolls       Part 3

                                                                                 s. 31



                 (2)     Copies of rolls in printed form and in any other form
                         the Electoral Commissioner thinks fit are to be
                         available for purchase by the public at the office of the
                         Electoral Commissioner.
5                (3)     The Electoral Commissioner may also make rolls or
                         information on rolls available, in any form the
                         Electoral Commissioner thinks fit, for inspection and
                         purchase at any other place or in any other manner
                         determined by the Electoral Commissioner.
10               (4)     If by virtue of section 51B information is not shown on
                         a roll, that information is not to be made available
                         under this section.
                                                                                     ".

     31.         Sections 17 and 119 amended
15         (1)   Section 17(2) is amended by deleting "section" and inserting
                 instead --
                 "     sections 145(7) and   ".
           (2)   Section 119(1) is amended by deleting "section 172" and
                 inserting instead --
20               "     sections 145(7) and 172(1)(c)    ".




                                                                              page 23
     Electoral Amendment Bill 2000
     Part 4         Amendments about nominations

     s. 32



               Part 4 -- Amendments about nominations
     32.       Section 70 amended
               Section 70 is amended by inserting after "fixed" --
               "     as the last day   ".
5    33.       Section 78 amended
               Section 78(1) is amended as follows:
                 (a) by deleting "the prescribed form" and inserting
                      instead --
                      " a form approved by the Electoral Commissioner            ";
10              (b) after paragraph (a) by inserting --
                      " and ";
                 (c) at the end of paragraph (b) by deleting "; and" and
                      inserting a full stop instead;
                (d) by deleting paragraph (c).
15   34.       Section 81A inserted
               After section 81 the following section is inserted --
     "
             81A.      Centralised nomination procedure
               (1)     In this section --
20                     "party nomination" means the nomination for an
                            election of a candidate publicly recognised by a
                            particular registered political party as being an
                            endorsed candidate of that party.
               (2)     A party nomination is to be regarded as having been
25                     made in accordance with sections 79 and 81 if --
                        (a) it contains a declaration by the secretary of the
                              registered political party that the candidate is
                              publicly recognised by the party as being an
                              endorsed candidate of the party;

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                                     Electoral Amendment Bill 2000
                        Amendments about nominations        Part 4

                                                                 s. 34



            (b)   it is received by the Electoral Commissioner
                  after the issue of the writ and not later than
                  24 hours before the hour of nomination; and
            (c)   not later than 24 hours before the hour of
5                 nomination, the required deposit (or an amount
                  that includes that deposit) for the purposes of
                  section 81(1)(b) is lodged with the Electoral
                  Commissioner on behalf of the candidate in
                  money or by a cheque drawn by a bank on itself
10                and payable to the Electoral Commissioner.
     (3)   Nothing in this section prevents a party nomination
           from being made in accordance with sections 79
           and 81.
     (4)   If 2 or more party nominations for an election in a
15         region are made in accordance with subsection (2), a
           claim under section 80(1) may be made to the Electoral
           Commissioner together with the nominations.
     (5)   If a party nomination has been made in accordance
           with subsection (2), the Electoral Commissioner is
20         to --
             (a) give the secretary of the registered political
                    party a notice acknowledging receipt by the
                    Electoral Commissioner of the candidate's
                    nomination and the deposit lodged on behalf of
25                  the candidate; and
             (b) send to the Returning Officer, as soon as
                    practicable before the hour of nomination --
                       (i) a facsimile of the nomination paper;
                      (ii) advice that the required deposit for the
30                          purposes of section 81(1)(b) has been
                            lodged with the Electoral Commissioner
                            on behalf of the candidate; and



                                                              page 25
     Electoral Amendment Bill 2000
     Part 4         Amendments about nominations

     s. 35



                                     (iii)   details of any claim under section 80(1)
                                             made under subsection (4).
                                                                                          ".

     35.             Section 83 amended
5                    Section 83 is amended by inserting after "Officer" --
                     " or Electoral Commissioner receiving it         ".

     36.             Section 84 amended
           (1)       Section 84(1) is amended by inserting after "returned" the
                     following --
10                   "     in accordance with subsection (3) or (4)    ".
           (2)       Section 84(2) is repealed and the following subsections are
                     inserted instead --
                 "
                     (2)     On the death of a candidate before polling day, or on
15                           polling day before the close of the poll, the deposits
                             made by or on behalf of that candidate and the other
                             candidates shall be returned in accordance with
                             subsection (3) or (4).
                     (3)     If a candidate was nominated under subsection 81A(2)
20                           the deposit (or an amount that includes the deposit)
                             shall be returned to the person who paid it, or to a
                             person authorised in writing by the person who paid it.
                     (4)     In all other cases, the deposit shall be returned to the
                             candidate, or to a person authorised in writing by the
25                           candidate or, if the candidate is dead, to the candidate's
                             legal representative.
                                                                                          ".




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                                                   Electoral Amendment Bill 2000
                                      Amendments about nominations        Part 4

                                                                                s. 37



     37.         Section 85 replaced
                 Section 85 is repealed and the following section is inserted
                 instead --
     "
5          85.           Place of declaration of nominations and hour of
                         nomination
                 (1)     The Electoral Commissioner is to appoint a place as the
                         place of declaration of nominations for an election for
                         the purposes of section 86 or 87, as the case may be.
10               (2)     The hour of nomination for an election is 6 p.m. on the
                         last day for the nomination of candidates.
                                                                                   ".

     38.         Various provisions amended
                 The provisions listed in the Table to this section are amended by
15               deleting "place of nomination" in each place where it occurs
                 and inserting instead --
                 "     place of declaration of nominations   ".
                                Table of provisions amended
                 s. 86(1a) and (2a)(a)
                 s. 87(2), (5)(a) and (6)(a)
                 s. 87A(1)


     39.         Section 86 amended
20               Section 86(2) is amended by inserting after "him" --
                 "     under section 81 or 81A(5)(b)   ".

     40.         Section 87 amended
                 Section 87(3) is amended by inserting after "him" --
                 "     under section 81 or 81A(5)(b)   ".

                                                                            page 27
    Electoral Amendment Bill 2000
    Part 4         Amendments about nominations

    s. 41



    41.             Section 113D amended
          (1)       Section 113D is amended by inserting before "Where" the
                    subsection designation "(1)".
          (2)       At the end of section 113D the following subsection is
5                   inserted --
                "
                    (2)   This section does not affect the operation of
                          section 81A.
                                                                              ".




    page 28
                                                   Electoral Amendment Bill 2000
                                      Amendments about early voting       Part 5

                                                                                s. 42



                 Part 5 -- Amendments about early voting
     42.         Section 4 amended
                 Section 4(1) is amended by inserting in the appropriate
                 alphabetical position --
5                "
                         "early ballot paper" means a ballot paper issued
                             under section 90 and "early vote" has a
                             corresponding meaning;
                                                                                     ".

10   43.         Section 90 amended
           (1)   After section 90(1)(d) the following paragraphs are inserted --
                     "
                         (da)   will be precluded from attending to vote during
                                the hours of polling at any polling place open in
15                              the State because the elector will be caring for a
                                person who is seriously ill or infirm or who is
                                expected shortly to give birth;
                         (db)   is an elector whose residence is not shown on
                                the roll because a request under section 51B has
20                              been granted;
                                                                                     ".
           (2)   Section 90(1a) is amended by deleting "Where the elector is
                 either within or outside the State at the time he makes an
                 application for a postal ballot paper, he may make the
25               application" and inserting instead --
                 "
                         An elector may make an application for an early ballot
                         paper
                                                                                     ".




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     Electoral Amendment Bill 2000
     Part 5         Amendments about early voting

     s. 43



        (3)        Section 90(3) is amended by inserting after "writing" --
                   "
                           and, if made in writing, may be made whether the
                           elector is within or outside the State at the time of
5                          applying
                                                                                        ".
        (4)        Section 90(3e) is amended by deleting "a postal ballot" and
                   inserting instead --
                   "     an early ballot   ".
10      (5)        Section 90(4aa) is amended by inserting after "officer" --
                   "     under subsection (4)(c)(i) or (4b)(a) ".
        (6)        Section 90(4b) is repealed and the following subsection is
                   inserted instead --
              "
15                (4b)     Where an oral application for an early ballot paper is
                           made to an issuing officer and the issuing officer is
                           satisfied that the application is properly made, the
                           issuing officer shall deliver to the elector --
                             (a) an early ballot paper printed under the authority
20                                  of the Electoral Commissioner in the form
                                    prescribed by the regulations and initialled by
                                    the issuing officer and a declaration in the form
                                    so prescribed; and
                             (b) the envelopes specified in subsection (4)(c)(ii)
25                                  and (iii),
                           and make a record of the name of the elector and of
                           such other particulars as are prescribed.
                                                                                        ".
        (7)        Section 90(7a) is amended by deleting "an application" and
30                 inserting instead --
                   "     a written application   ".

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                                                    Electoral Amendment Bill 2000
                                       Amendments about early voting       Part 5

                                                                                 s. 44



           (8)   Section 90(7)(b) and (8)(a) are amended by deleting "vote by
                 post" and inserting instead --
                 "   an early ballot paper    ".
           (9)   Section 90(11) is amended by deleting "a postal ballot" and
5                inserting instead --
                 "   an early ballot    ".
      (10)       Section 90(13) is amended by deleting "The" and inserting
                 instead --
                 "   Notwithstanding anything in this section, the     ".

10   44.         Section 92 amended
           (1)   Section 92(5)(a) and (b) are repealed and the following
                 paragraphs are inserted instead --
                      "
                           (a)   If an elector ("the elector") cannot read or
15                               write or is so disabled as to be unable to vote
                                 without assistance, another elector appointed by
                                 the elector (being an elector who is not a
                                 candidate at the election) may, according to the
                                 directions of the elector, do for the elector any
20                               act required or authorised by subsection (2), (4)
                                 or (4a).
                           (b)   An elector appointed under paragraph (a) is to
                                 state in the declaration his full name and
                                 address and the fact that he has been appointed
25                               by the elector to mark the ballot paper for the
                                 elector.
                          (ba)   Without limiting paragraph (a), if the elector
                                 completes the declaration but is so disabled as
                                 to be unable to vote without assistance the
30                               authorised witness may, according to the
                                 directions of the elector, mark the ballot for the


                                                                              page 31
     Electoral Amendment Bill 2000
     Part 5         Amendments about early voting

     s. 44



                                  elector and do for the elector any other act
                                  required or authorised by subsection (2)(d) or
                                  (e), (4) or (4a).
                                                                                       ".
5       (2)       Section 92(5)(c) is amended by deleting "A" and inserting
                  instead --
                  "     Subject to paragraph (a), a   ".
        (3)       Section 92(6) is repealed and the following subsection is
                  inserted instead --
10            "
                  (6)     An elector to whom an early ballot paper has been
                          issued is not entitled to vote at any polling place unless
                          the early ballot paper has been delivered to the
                          presiding officer for cancellation, but if the elector
15                        claims not to have received the early ballot paper, the
                          elector may be permitted to vote after making a
                          declaration in the prescribed form before the presiding
                          officer at the polling place.
                                                                                       ".
20      (4)       Section 92(7) is amended as follows:
                   (a) by deleting "locked and";
                   (b) by deleting "8 a.m. on the polling day, until" and
                         inserting instead --
                         " the time when ".
25      (5)       Section 92(8) is amended as follows:
                   (a) by deleting "after the commencement of the poll or as
                         soon as practicable after the close" and inserting
                         instead --
                  "
30                        not earlier than 72 hours before the commencement
                                                                                       ";


     page 32
                                                            Electoral Amendment Bill 2000
                                               Amendments about early voting       Part 5

                                                                                         s. 45



                       (b)        by deleting "manner prescribed by the regulations" and
                                  inserting instead --
                                  " the prescribed manner ".
           (6)        Section 92(9)(a) is amended by inserting after "issued" --
5                     " or a person appointed under subsection (5)(a)           ".
           (7)        Section 92(10)(a) is amended by deleting "A postal" and
                      inserting instead --
                      " An early ".
           (8)        After section 92(11) the following subsection is inserted --
10               "
                     (12)        At any time after an envelope containing an early ballot
                                 paper has been dealt with in accordance with --
                                   (a) the regulations made for the purposes of
                                         subsection (8); or
15                                 (b) subsection (10),
                                 an officer or officers referred to in subsection (8) may,
                                 in the prescribed manner, open the envelope and deal
                                 with the ballot paper in it.
                                                                                             ".

20   45.              Section 93 amended
                      After section 93(1)(a) the following paragraphs are inserted --
                             "
                                 (aa)    who is, by reason of caring for a person who is
                                         seriously ill or infirm, precluded from attending
25                                       at a polling place;




                                                                                      page 33
     Electoral Amendment Bill 2000
     Part 5         Amendments about early voting

     s. 46



                          (ab)        whose residence is not shown on the roll
                                      because a request under section 51B has been
                                      granted;
                                                                                     ".

5    46.         Section 211 amended
                 After section 211(3) the following subsection is inserted --
           "
                 (4)     A certificate referred to in subsection (2) is not
                         required in relation to a declaration completed under
10                       section 92(5)(a).
                                                                                     ".

     47.         Consequential amendments
           (1)   The provisions listed in the Table to this subsection are
                 amended by deleting "postal", in each place where it occurs,
15               and inserting instead --
                 "     early     ".
                                      Table of provisions amended
                 s. 88(2)(b)(i)
                 s. 90(1a)(d) and (13)(a)
                 s. 92(1), (2)(a) and (c), (7), (8), (10)(b) and (11)
                 s. 93(1) and (2)
                 s. 95(2) and (8)(b), (c) and (d)
                 s. 98
                 s. 99B(2) and (3)
                 s. 142A(1), (2), (3) and (4)
                 s. 151(d)
                 s. 181(d) and (e)




     page 34
                                                Electoral Amendment Bill 2000
                                   Amendments about early voting       Part 5

                                                                         s. 47



     (2)   The provisions listed in the Table to this subsection are
           amended by deleting "a postal", in each place where it occurs,
           and inserting instead --
           "   an early ".
5                         Table of provisions amended
           s. 90(1), (3), (3a), (3c), (3d), (4)(c)(i), (5),
             (5)(a) and (b), (6), (7), (7a), (8)(a) and
             (b), (9), (10) and (13)(b)
           s. 92(4b), (4c) and (9)
           s. 93(4)
           s. 95(1a), (3), (4), (8)(a) and (9)
           s. 97
           s. 139(a)
     (3)   The provisions listed in the Table to this subsection are
           amended by deleting "the postal" and inserting instead --
           " the early        ".
                         Table of provisions amended
           s. 90(3c)
           s. 92(4c), (9) and (10)(a)
10   (4)   The provisions listed in the Table to this subsection are
           amended by deleting "a postal vote", in each place where it
           occurs, and inserting instead --
           "   an early ballot paper       ".
                         Table of provisions amended
           s. 90(3b), (3e)(a)(i), (11) and (12)
           s. 95(1)
15   (5)   The heading to Part IV Division (3)(i) is amended by deleting
           "Postal" and inserting instead --
           "   Early     ".

                                                                     page 35
     Electoral Amendment Bill 2000
     Part 5         Amendments about early voting

     s. 48



           (6)   Section 95(2) is amended by deleting "or any authorized witness
                 requested".
           (7)   Section 95(6a) is amended by deleting "An elector appointed or
                 an authorized witness requested" and inserting instead --
5                "   A person appointed       ".
           (8)   The provisions listed in the Table to this subsection are
                 amended by deleting "post" and inserting instead --
                 "   early vote        ".
                                  Table of provisions amended
                 s. 95(5), (6) and (8)(e)
                 s. 122(3)
                 s. 144(1)(b)(i), (2)(b)(i) and (4)(b)
10         (9)   Sections 99B(1) and 144(2)(d)(i) are amended by deleting
                 "postal vote" and inserting instead --
                 "   early   ".

     48.         Referendums Act 1983 amended
           (1)   The amendments in this section are to the Referendums
15               Act 1983*.
                 [* Reprinted as at 21 January 2000.]
           (2)   Section 19(a) is amended by deleting "a postal" and inserting
                 instead --
                 "   an early     ".
20         (3)   Section 30(1) and (4) are amended by deleting "postal" and
                 inserting instead --
                 "   early   ".




     page 36
                                                          Electoral Amendment Bill 2000
                                            Amendments about polling places      Part 6

                                                                                          s. 49



                     Part 6 -- Amendments about polling places
     49.              Section 100 amended
           (1)        Section 100(1)(a) and (b) are deleted and the following
                      paragraph is inserted instead --
5                           "
                                  (a)   appoint such polling places for regions and
                                        districts as the Electoral Commissioner
                                        considers necessary;
                                                                                               ".
10         (2)        Section 100(1)(i) is amended by deleting "or (b) or under
                      subsection (3)".
           (3)        Section 100(3) is repealed and the following subsections are
                      inserted instead --
                 "
15                    (3)       If a polling place is appointed under subsection (1) for
                                all regions, or all districts, for the purposes of a general
                                election, that polling place is referred to as a "general
                                polling place".
                     (3a)       The Electoral Commissioner may, in relation to a
20                              general polling place, perform the functions of the
                                Returning Officers for the regions, or districts, under
                                the provisions listed in the Table to this subsection.
                                            Table of provisions
                                 section 102            section 112(3)
                                 section 105(1)         section 115(1a)
                                 section 106(2)         section 116
                                 section 107(1)         section 132
                                 section 110            section 141(4)




                                                                                       page 37
     Electoral Amendment Bill 2000
     Part 6         Amendments about polling places

     s. 50



                     (3b)     References in this Act to the Returning Officer may be
                              read as references to the Electoral Commissioner where
                              necessary for the purposes of subsection (3a).
                                                                                              ".

5    50.              Section 112 amended
                      After section 112(3) the following subsection is inserted --
                 "
                      (4)     The Electoral Commissioner shall cause copies of the
                              rolls to be delivered to the presiding officer at each
10                            general polling place.
                                                                                              ".

     51.              Section 142A amended
           (1)        Section 142A(1) is amended by inserting after
                      "Commissioner," --
15                    "     votes cast at general polling places,   ".
           (2)        Section 142A(2) and (3) are amended by inserting after "on
                      the" --
                      "     ballot papers used for voting at general polling places,     ".
           (3)        Section 142A(4) is amended by inserting after "on such" --
20                    "     ballot papers used for voting at general polling places,     ".

     52.              Section 144 amended
           (1)        Section 144(1)(b)(i) and (2)(b)(i) are amended by inserting
                      before "absent" --
                      "     persons voting at general polling places,    ".
25         (2)        Section 144(2)(d)(i) is amended by inserting before "absent" --
                      "     ballot papers used for voting at general polling places,     ".
           (3)        Section 144(4)(b) is amended by inserting before "absent" --
                      "     ballot papers used for voting at general polling places or        ".

     page 38
                                                 Electoral Amendment Bill 2000
                                   Amendments about polling places      Part 6

                                                                                  s. 53



     53.         Referendums Act 1983 amended
           (1)   The amendments in this section are to the Referendums
                 Act 1983*.
                 [* Reprinted as at 21 January 2000.]
5          (2)   Section 18 is amended by inserting before "100A" --
                 "   100(3) to (3b),   ".
           (3)   Section 30(1) is amended by inserting after "27(1)(d) and" --
                 "
                       the ballot papers used for voting at general polling
10                     places, within the meaning of section 100(3) of the
                       Electoral Act 1907,
                                                                                    ".
           (4)   Section 30(4)(b) is amended by inserting after "on any" --
                 "
15                     ballot papers used for voting at general polling places,
                       within the meaning of section 100(3) of the Electoral
                       Act 1907,
                                                                                    ".




                                                                              page 39
     Electoral Amendment Bill 2000
     Part 7         Amendments about vacancies in the Legislative Council

     s. 54



                 Part 7 -- Amendments about vacancies in the
                            Legislative Council
     54.          Section 156A amended and consequential amendments
           (1)    Section 156A(1) is amended by deleting the definition of "most
5                 recent election in the region" and inserting instead --
                  "
                        "original election", in relation to a vacancy, means the
                            full election in the region in respect of which the
                            vacancy has occurred at which --
10                           (a)  the member in whose seat the vacancy has
                                  occurred; or
                             (b) in a case where the member in whose seat
                                  the vacancy has occurred was elected under
                                  sections 156C and 156D or under
15                                section 156E, the member who was the
                                  predecessor (whether immediate,
                                  intermediate, or original) of that member,
                             was elected;
                                                                                       ".
20         (2)    The provisions listed in the Table to this subsection are amended
                  by deleting "most recent election in the region", in each place
                  where it occurs, and inserting instead --
                  " original election      ".
                                   Table of provisions amended
                   s. 156A(1), paragraph (a) of the definition of "qualified person"
                   s. 156C(2)
                   s. 156D(4)
                   s. 156D(14)




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                                                                             s. 55



     55.       Constitution Acts Amendment Act 1899 amended
               After section 10(2) of the Constitution Acts Amendment
               Act 1899* the following subsection is inserted --
           "
5              (3)   The provisions of this Act and the Electoral Act 1907
                     as to the occurrence and filling of vacancies in the seats
                     of members of the Council extend, with any
                     appropriate modifications, to cases where --
                       (a) a person has been elected as a member but the
10                           term of office for which the person was elected
                             has not begun; or
                       (b) the election of a person as a member is void
                             and the term of office for which the person
                             would have been elected, if the election had not
15                           been void, would have begun on 22 May next
                             following the election.
                                                                                  ".
               [* Reprinted as at 15 April 1999.
                  For subsequent amendments see 1999 Index to Legislation of
20                Western Australia, Table 1, pp. 49-50.]

     56.       Salaries and Allowances Act 1975 amended
               Section 6(5b) of the Salaries and Allowances Act 1975* is
               amended as follows:
                (a) in paragraph (a), by inserting after "before the general
25                    election" --
                      "
                             or is declared elected under section 156D of the
                             Electoral Act 1907 to complete the unexpired
                             portion of a term of office ending on that
30                           22 May
                                                                                  ";



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                (b)   in paragraph (b), by inserting after "before the fresh
                      election" --
                      "
                            or is declared elected under section 156D of the
5                           Electoral Act 1907 to complete the unexpired
                            portion of a term of office ending on that
                            22 May
                                                                               ".
               [* Reprinted as at 26 April 1994.
10                For subsequent amendments see 1999 Index to Legislation of
                  Western Australia, Table 1, p. 224.]




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                                   Amendments about political finance     Part 8

                                                                                  s. 57



           Part 8 -- Amendments about political finance
     57.     Part VI heading replaced
             The heading to Part VI is deleted and the following heading is
             inserted instead --
5    "
                 Part VI -- Disclosure of gifts, income
                          and expenditure
                                                                                      ".

     58.     Section 175 amended
10           In section 175, after paragraph (e) of the definition of "electoral
             expenditure", the following paragraph is inserted --
                      "
                          (ea)     the production and distribution of electoral
                                   matter that is addressed to particular persons
15                                 or organisations and is distributed during the
                                   election period;
                                                                                      ".

     59.     Section 175E amended
             Section 175E(4) is amended by deleting "the hour of
20           nomination for" and inserting instead --
             "   6 p.m. on the day before polling day in          ".

     60.     Section 175ZF amended
             After section 175ZF(1)(a) the following paragraphs are
             inserted --
25                "
                      (aa)       requiring the agent of a political party to lodge
                                 returns or other information identifying any
                                 entity that is or has been an associated entity in
                                 relation to that political party;


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                    (ab)   requiring the agent of a political party to lodge
                           a return setting out additional information as
                           prescribed where section 175N(5)(a) or (b)
                           applies in respect of a return lodged in relation
5                          to the political party;
                    (ac)   imposing such requirements as are necessary to
                           ensure that the provisions of this Part as to the
                           lodgment of returns in relation to a political
                           party are complied with even if the political
10                         party ceases to exist;
                                                                               ".




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                                                                                s. 61



           Part 9 -- Amendments about the registration of
                        political parties
     61.       Section 4 amended
               In section 4(1), the following definitions are inserted in the
5              appropriate alphabetical positions --
           "
                     "constitution", in relation to a political party, means a
                         written set of principles and rules (however
                         described) under which the party is governed;
10                   "political party" means --
                          (a) a body corporate or other body or organisation
                                 (not being a body corporate or other body or
                                 organisation described in paragraph (b))
                                 having a constitution that specifies as one of
15                               the objects or activities of the body or
                                 organisation the promotion of the election to
                                 the Parliament of this State of a candidate or
                                 candidates endorsed by it or by a body or
                                 organisation that forms part of it; or
20                       (b) the branch or division for this State of a body
                                 corporate or other body or organisation
                                 which --
                                (i) is organised on a basis that includes this
                                      State and another State or Territory or
25                                    other States or Territories;
                               (ii) has a branch or division for this State; and
                              (iii) has a constitution that specifies as one
                                      of the objects or activities of the body or
                                      organisation the promotion of the
30                                    election to the Parliament of this State
                                      of a candidate or candidates endorsed by
                                      it or by a body or organisation that
                                      forms part of it;

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                     "registered political party" has the meaning given by
                         section 62C;
                     "secretary", in relation to a political party, means the
                         person who holds the office of secretary or chief
5                        administrative officer (however described) of the
                         party;
                                                                                ".

     62.       Part IIIA inserted
               After Part III the following Part is inserted --
10   "

               Part IIIA -- Registration of political parties
             62B.    Scope of Part
                     This Part sets out the way in which certain political
                     parties may become registered for various purposes
15                   under this Act.

             62C.    Definitions and interpretation
               (1)   In this Part --
                     "election period", in relation to an election, means the
                          period commencing on the day of issue of the writ
20                        for the election and ending on the last day for the
                          return of the writ;
                     "eligible political party" means --
                          (a) a parliamentary party; or
                          (b) a political party that has at least
25                              500 members who are electors;
                     "member", in relation to a political party, includes a
                          person who is a member of a related political
                          party;



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             "parliamentary party" means a political party of
                 which at least one member is a member of the
                 Assembly or the Council;
             "register of political parties" means the register kept
5                under section 62D;
             "registered political party" means a political party
                 that is registered in the register of political parties;
             "related political party" has the meaning given by
                 subsection (2).
10     (2)   For the purposes of this Part, 2 political parties are
             related political parties if --
               (a) one is a part of the other; or
               (b) both are parts of the same political party.
       (3)   For the purposes of this Part, if the Assembly has
15           expired or been dissolved, a reference to a member of
             the Assembly is a reference to a person who was a
             member of it immediately before it expired or was
             dissolved.

     62D.    Register of political parties
20     (1)   The Electoral Commissioner is to keep a register
             containing the names of, and other information and
             documents related to, political parties registered under
             this Part.
       (2)   Subject to this Part, the register is to be kept in the
25           form and way that the Electoral Commissioner
             considers appropriate.
       (3)   The register is called the register of political parties.

     62E.    Applications for registration
       (1)   An application for registration of a political party is to
30           be made in accordance with this section.

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               (2)   The application can only be made for the registration of
                     an eligible political party.
               (3)   The application is to be made by the secretary of the
                     party.
5              (4)   The application is to be made to the Electoral
                     Commissioner in a form approved by the Electoral
                     Commissioner for the purposes of this section, and is
                     to --
                       (a) state a name for the political party;
10                     (b) if the political party wishes to use an
                            abbreviation of its name on ballot papers for
                            elections -- set out the abbreviation;
                       (c) set out the name and address of the secretary of
                            the political party;
15                     (d) if the application is for a parliamentary party --
                            set out the name of one member of the party
                            who is a member of the Assembly or the
                            Council;
                       (e) if the application is for a party that is not a
20                          parliamentary party -- set out the names and
                            addresses of at least 500 members of the party
                            who are electors;
                        (f) be accompanied by a copy of the party's
                            constitution; and
25                     (g) set out any other prescribed information and be
                            accompanied by a copy of any other prescribed
                            document.
               (5)   Applications for registration of political parties are to
                     be determined in the order in which they are received
30                   by the Electoral Commissioner.




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     62F.    Variation of application
       (1)   Where, after initial consideration of an application for
             the registration of a political party, the Electoral
             Commissioner is of the opinion that the application has
5            to be refused but that the applicant might be prepared
             to vary the application in such a way that it would not
             have to be refused, the Electoral Commissioner is to
             give the applicant written notice of that opinion, setting
             out the reasons for that opinion and the terms of
10           subsections (2) and (3).
       (2)   Where notice is given under subsection (1) in relation
             to an application, the Electoral Commissioner is not
             required to give further consideration to the application
             unless and until notice is lodged under subsection (3).
15     (3)   Within one month after notice is given under
             subsection (1) in relation to an application for the
             registration of a political party, the applicant may lodge
             with the Electoral Commissioner a written request,
             signed by the applicant, to --
20             (a) vary the application in a manner specified in
                     the request; or
               (b) proceed with the application in the form in
                     which it was lodged,
             and the Electoral Commissioner is to comply with the
25           request.
       (4)   If a request is made under subsection (3) to vary an
             application, the application as varied is to be treated as
             if it were a new application but, for the purposes of
             section 62E(5), it is to be regarded as having been
30           received when the original application was received.




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             62G.    Publication of notice of application
               (1)   As soon as practicable after an application is made to
                     the Electoral Commissioner, the Electoral
                     Commissioner is to publish a notice in relation to the
5                    application in --
                       (a) the Gazette; and
                       (b) a newspaper circulating generally in the State.
               (2)   Subsection (1) does not apply if the Electoral
                     Commissioner gives a notice under section 62F(1)
10                   unless and until a request is made under
                     section 62F(3)(b).
               (3)   The notice has to --
                      (a) set out any information included in the
                            application under section 62E(4)(a) to (d); and
15                    (b) invite any elector who believes that the
                            application --
                               (i) is not in accordance with section 62E;
                                    or
                              (ii) should be refused under section 62J,
20                          to submit to the Electoral Commissioner, within
                            one month after the day of publication of the
                            Gazette notice, a statement under
                            subsection (4).
               (4)   The statement has to --
25                    (a) set out in detail the grounds for the elector's
                             belief under subsection (3)(b);
                      (b) set out the elector's residential address and
                             postal address; and
                      (c) be signed by the elector.




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       (5)   The Electoral Commissioner is to make the statement
             available at the office of the Electoral Commissioner
             and allow public inspection of the statement without
             fee.
5      (6)   Unless the Electoral Commissioner considers the
             statement to be frivolous the Electoral Commissioner is
             to give the applicant --
               (a) a copy of the statement; and
               (b) a notice inviting the applicant to give the
10                   Electoral Commissioner a reply to the
                     statement within such reasonable period as is
                     specified in the notice.
       (7)   If the applicant gives the Electoral Commissioner a
             reply within the period, the Electoral Commissioner is
15           to make the reply available at the office of the Electoral
             Commissioner as soon as practicable and allow public
             inspection of the reply without fee.

     62H.    Registration
       (1)   If the Electoral Commissioner, after considering all
20           statements and replies to the statements under
             section 62G, is satisfied that the application complies
             with the requirements of section 62E, then, subject to
             subsection (3) and section 62J, the Electoral
             Commissioner is to register the political party.
25     (2)   Registration is effected by entering or otherwise
             including in the register of political parties --
               (a) the information set out in the application (other
                     than under section 62E(4)(e)); and
               (b) any document accompanying the application as
30                   required by section 62E(4)(f) and (g).




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                (3)   The Electoral Commissioner is not to register the
                      political party or take any other action in relation to the
                      application during the election period in relation to an
                      election.
5               (4)   The Electoral Commissioner is not to register a
                      political party other than in accordance with this
                      section.
                (5)   As soon as possible after registering the political party,
                      the Electoral Commissioner is to --
10                      (a) give written notice of the registration to the
                              applicant;
                        (b) if any elector made a statement to the Electoral
                              Commissioner under section 62G in relation to
                              the application -- give written notice to the
15                            elector stating that the party has been registered
                              and setting out why the reasons in the elector's
                              statement were rejected; and
                        (c) notify the party's registration by notice in the
                              Gazette.

20           62I.     Registration of existing parliamentary parties
                (1)   Despite anything in sections 62E to 62H, on the
                      commencement of section 62 of the Electoral
                      Amendment Act 2000 any political party that is at that
                      time a parliamentary party becomes a registered
25                    political party by operation of this subsection.
                (2)   The registration of a political party under
                      subsection (1) ceases to have effect at the end of the
                      period of 3 months from the day on which section 62 of
                      the Electoral Amendment Act 2000 commences unless,
30                    within that period, the secretary of the political party
                      provides the Electoral Commissioner with the
                      information and documents referred to in
                      section 62E(4)(a), (b), (c), (f) and (g).

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     62J.    Refusal of registration
       (1)   In this section --
             "application name" means a name for a political
                 party, or the abbreviation of the name for a
5                political party, set out in the party's application for
                 registration;
             "existing party" means another party --
                 (a) that is a parliamentary party;
                 (b) that is a registered political party; or
10               (c) at least one member of which is a member of
                        the Parliament of the Commonwealth;
             "public body name" means the name, or an
                 abbreviation or acronym of the name, of a
                 prominent public body.
15     (2)   The Electoral Commissioner may refuse to register a
             political party if the Electoral Commissioner believes
             on reasonable grounds that information set out in, or
             documents required to accompany, the application are
             incorrect.
20     (3)   The Electoral Commissioner is to refuse to register a
             political party if the party's application name --
               (a) has more than 6 words;
              (b) is obscene or offensive;
               (c) is the name, or an abbreviation or acronym of
25                   the name, of an existing party;
              (d) so nearly resembles the name, or an
                     abbreviation or acronym of the name, of an
                     existing party that it is likely to be confused
                     with or mistaken for the name, abbreviation or
30                   acronym;



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                       (e)   includes the word "royal" or the word
                             "independent"; or
                       (f)   would otherwise be likely to cause confusion if
                             registered.
5              (4)   Subsection (3)(c) or (d) does not apply if the existing
                     party is related to the party in respect of which the
                     application is made.
               (5)   The Electoral Commissioner may refuse to register a
                     political party if the party's application name --
10                     (a) is a public body name; or
                      (b) so nearly resembles a public body name that it
                             is likely to be confused with or mistaken for the
                             public body name.
               (6)   If the Electoral Commissioner decides to refuse an
15                   application, the Electoral Commissioner is to give the
                     applicant written notice of --
                       (a) the refusal; and
                       (b) the reasons for the refusal.

             62K.    Amendment of register
20             (1)   An application may be made under this section to the
                     Electoral Commissioner for the amendment of the
                     information, or the replacement of documents, in the
                     register of political parties in relation to a registered
                     political party.
25             (2)   The application has to be made in the form and way
                     approved by the Electoral Commissioner.
               (3)   The application is to be made by the secretary of the
                     party.




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       (4)   If the application is to amend the register by --
               (a) changing the name of the party to a name set
                      out in the application;
               (b) if an abbreviation of the name of the party is
5                     entered in the register, changing that
                      abbreviation to an abbreviation set out in the
                      application; or
               (c) if an abbreviation of the name of the party is
                      not entered in the register, entering in the
10                    register an abbreviation set out in the
                      application,
             sections 62F, 62G, 62H and 62J apply to the
             application under this section, subject to any necessary
             changes, as if it were an application for registration of a
15           political party.

     62L.    Cancellation of registration
       (1)   The Electoral Commissioner may cancel the
             registration of a political party at the written request of
             the secretary of the party.
20     (2)   The Electoral Commissioner may cancel the
             registration of a political party if the Electoral
             Commissioner is satisfied on reasonable grounds
             that --
               (a) the party no longer exists;
25             (b) the party is not a parliamentary party and does
                     not have at least 500 members who are electors;
               (c) the candidates at a conjoint election held after
                     the registration of the party did not include at
                     least one candidate endorsed by the party;
30             (d) the registration was obtained by fraud or
                     misrepresentation; or


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                       (e)   a return required to be lodged under Part VI by
                             the agent of that political party has been
                             outstanding for more than 12 months.
               (3)   If the Electoral Commissioner proposes to cancel the
5                    registration of a political party, other than because of
                     subsection (2)(d), the Electoral Commissioner is to --
                       (a) give written notice of the proposed cancellation
                             to the secretary of the party at the address
                             shown in the register;
10                     (b) give notice of the proposed cancellation in --
                                (i) the Gazette; and
                               (ii) a newspaper circulating generally in the
                                     State;
                             and
15                     (c) include in the notice under paragraph (b) a
                             statement that persons may, within 14 days
                             after the Gazette notice is given, object to the
                             Electoral Commissioner in writing against the
                             proposed cancellation.
20             (4)   The Electoral Commissioner is to consider any
                     objection made under subsection (3) before taking any
                     further action in relation to the cancellation.
               (5)   If the Electoral Commissioner decides to cancel the
                     registration of a political party, the Electoral
25                   Commissioner is to --
                       (a) give notice of the cancellation and the reasons
                             for it to the secretary of the party;
                       (b) give notice of the cancellation in the Gazette;
                       (c) cancel the information in, and remove the
30                           documents from, the register of political parties
                             relating to the political party; and
                       (d) retain the documents.

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       (6)   During the election period in relation to an election, the
             Electoral Commissioner is not to cancel the registration
             of a political party other than because of
             subsection (2)(d).

5    62M.    Public access to register
       (1)   The Electoral Commissioner is to make the register of
             political parties available at the office of the Electoral
             Commissioner and allow public inspection of the
             register without fee.
10     (2)   As soon as practicable after the issue of a writ for an
             election, the Electoral Commissioner is to publish in
             the Gazette --
               (a) a list of the names of all political parties
                     included in the register; and
15             (b) a list of the names of the secretaries of the
                     political parties.

     62N.    Review of decisions
       (1)   Any person affected by --
              (a) a decision under section 62H to register a
20                  political party;
              (b) a decision under section 62J to refuse to
                    register a political party;
              (c) decision under section 62L to cancel the
                    registration of a political party; or
25            (d) a decision to grant or refuse an application
                    under section 62K,
             may apply for review of the decision.
       (2)   An application for review of a decision has to --
              (a) be in writing;
30            (b) be made to the Supreme Court;

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                      (c)    be made within one month after the decision
                             comes to the notice of the applicant or such
                             further period as the Supreme Court allows; and
                      (d)    set out the grounds on which review is sought.
5              (3)   The Supreme Court is to review the decision and make
                     an order --
                       (a) confirming the decision;
                       (b) directing the Electoral Commissioner to vary
                            the decision; or
10                     (c) directing the Electoral Commissioner to set
                            aside the decision and make a decision in
                            substitution as directed in the order.
               (4)   An order under subsection (3)(b) or (c) has effect
                     subject to the operation of sections 62H(3) and 62L(6).
15             (5)   The Supreme Court is to be constituted by a single
                     Judge for the purposes of this section.

             62O.    False representation as to registration
                     Any person who, knowing that a political party is not
                     registered --
20                     (a) makes any representation to the effect that the
                             party is registered; or
                       (b) publishes any document that indicates or
                             implies that the party is registered,
                     commits an offence.
25                   Penalty: $1 500.

             62P.    Request to provide information
                     The Electoral Commissioner may request the secretary
                     of a political party, or a person who purports to be the
                     secretary of a political party, to provide the Electoral


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                     Commissioner with information of such nature, and in
                     such form, as the Electoral Commissioner considers
                     necessary for the performance of the functions
                     conferred by this Part.

5          62Q.      Offences relating to information
               (1)   A person must not in an application under section 62E
                     or 62J, or in response to a request under section 62P,
                     make a statement or provide information that the
                     person knows to be false or misleading.
10                   Penalty: $1 500.
               (2)   A person to whom a request is made under section 62P
                     must comply with the request.
                     Penalty: $1 500.

           62R.      Evidence by certificate
15                   A certificate of the Electoral Commissioner as to --
                       (a)   the nature or content of information or a
                             document in the register of political parties; or
                      (b)    whether or not information or a document is in
                             the register of political parties,
20                   is evidence of the matter stated.
                                                                                 ".

     63.       Section 25A amended
               Section 25A(6) is repealed and the following subsection is
               inserted instead --
25         "
               (6)   In this section --
                     "parliamentary party" has the meaning given by
                          section 62C.
                                                                                 ".


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     64.         Section 113C amended
           (1)   Section 113C(1) is amended by inserting before "political" in
                 each place where it occurs --
                 "   registered   ".
5          (2)   Section 113C(3)(c) is amended as follows:
                  (a) by deleting "an authorized officer of the" and inserting
                        instead --
                        " the secretary of the registered ";
                  (b) by deleting "an authorized officer of each" and inserting
10                      instead --
                        " the secretary of each registered ".
           (3)   Section 113C(4) is repealed.
           (4)   Section 113C(5) is amended by inserting before "political" --
                 "   registered   ".
15         (5)   Section 113C(8) and (9) are repealed.
           (6)   Section 113C(10) is amended by deleting the definitions of
                 "authorized officer" and "parliamentary party".

     65.         Section 175 amended
                 Section 175 is amended by deleting the definition of "political
20               party".




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             Part 10 -- Amendments about transmission of
                          electoral matter
     66.             Section 4 amended
                     Section 4(1) is amended by deleting the definition of "telegraph
5                    office".

     67.             Sections 142 and 142A amended
                     Sections 142(5) and 142A(3) are amended by deleting "by
                     telegraph".

     68.             Section 144 amended
10                   Section 144(1)(b)(i) and (2)(b)(i) are amended by deleting
                     "written or telegraphic returns" and inserting instead --
                     "     communications     ".

     69.             Section 209 amended
           (1)       Section 209 is amended by inserting before "All" the subsection
15                   designation "(1)".
           (2)       At the end of section 209 the following subsection is inserted --
                 "
                     (2)     Subsection (1) applies whether or not this Act provides
                             that the electoral matter in question is to be transmitted
20                           by post.
                                                                                          ".




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     Electoral Amendment Bill 2000
     Part 10        Amendments about transmission of electoral matter

     s. 70



     70.       Section 210 replaced
               Section 210 is repealed and the following section is inserted
               instead --
     "
5            210.   Electronic communication of electoral matter
                    If this Act provides for electoral matter to be
                    transmitted by post but it is impracticable to transmit
                    the matter by post without undue delay, the matter may
                    be transmitted by electronic means.
10                                                                             ".




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                                                    General amendments        Part 11

                                                                                       s. 71



                             Part 11 -- General amendments
     71.             Section 5F amended
                     After section 5F(1)(e) the following paragraphs are inserted --
                         "
5                           (ea) may conduct elections or polls that are provided
                                   for under any other written law if authorised to
                                   do so under that written law or the regulations;
                            (eb) may make arrangements with any person for
                                   the conduct by the Electoral Commissioner of
10                                 elections or polls not provided for under a
                                   written law on such terms and conditions as are
                                   agreed between the Electoral Commissioner
                                   and that person;
                                                                                    ".
15   72.             Section 5G amended
           (1)       Section 5G is amended by inserting before "The" the subsection
                     designation "(1)".
           (2)       At the end of section 5G the following subsection is inserted --
                 "
20                   (2)     Nothing in subsection (1) is to be read as limiting the
                             ability of the Electoral Commissioner to act through
                             officers in the normal course of operations.
                                                                                         ".

     73.             Section 99A amended
25                   After section 99A(2) the following subsection is inserted --
           "
                       (3)     This section does not apply to a person who claims
                               to vote at a polling place at which there is a copy of
                               the roll for the district for which the person is
30                             enrolled.
                                                                                         ".


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     Electoral Amendment Bill 2000
     Part 11        General amendments

     s. 74



     74.         Section 103 repealed
                 Section 103 is repealed.
     75.         Section 122A amended
                 Section 122A(1) is amended by deleting "appointed for that
5                region or district and which is situated in the district in respect
                 of which he claims to be entitled to be so enrolled or which is
                 appointed for that district" and inserting instead --
                 " at which there is a copy of the roll ".

     76.         Section 126 amended and consequential amendments to
10               sections 122A and 150
           (1)   Section 126(1) is amended by deleting "strike out" and inserting
                 instead --
                 "   make a record, in a prescribed manner, in respect of      ".
           (2)   Section 126(2) is amended as follows:
15                (a) by deleting "mark" and inserting instead --
                        " record ";
                  (b) by deleting "whose name is so marked" and inserting
                        instead --
                        " in respect of whose name a record is so made ".
20         (3)   Section 122A(1) is amended as follows:
                  (a) by deleting "his name has been struck out" and inserting
                        instead --
                        " a record has been made in respect of his name ";
                  (b) in paragraph (d), by deleting "whose name has been
25                      struck out of " and inserting instead --
                          "
                               in respect of whose name a record has been
                               made on
                                                                                       ".


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                                                   General amendments        Part 11

                                                                                      s. 77



           (4)       Section 150(2) is amended by deleting "the names of the
                     electors who voted at the election have been marked in
                     accordance with the provisions of section 126" and inserting
                     instead --
5                    "
                           records have been made under section 126 in respect of
                           the names of electors who voted at the election
                                                                                        ".
     77.             Section 130 amended
10         (1)       Section 130 is amended as follows:
                       (a) by inserting before "If " the subsection designation
                             "(1)";
                       (b) by deleting "destroy the spoilt ballot paper" and
                             inserting instead --
15                   "
                           cancel the spoilt ballot paper by writing "spoilt" on the
                           back of it
                                                                                        ".
           (2)       At the end of section 130 the following subsections are
20                   inserted --
                 "
                     (2)   Having cancelled a spoilt ballot paper the presiding
                           officer is to --
                             (a) place the ballot paper in an envelope, seal the
25                                  envelope and write on the envelope an
                                    indication of the type of ballot paper enclosed
                                    and that it is spoilt; and
                             (b) sign the envelope.
                     (3)   The envelopes containing spoilt ballot papers cancelled
30                         at a polling place are to be sealed up in a packet that is
                           to be given to the Returning Officer after the close of
                           the poll.
                                                                                        ".

                                                                                page 65
     Electoral Amendment Bill 2000
     Part 11        General amendments

     s. 78



     78.             Section 187 amended
           (1)       Section 187 is amended as follows:
                      (a)    by inserting before "In" the subsection designation
                             "(1)";
5                     (b)    by redesignating paragraphs (1), (2), (4) and (5) as
                             paragraphs "(a)", "(b)", "(c)" and "(d)" respectively.
           (2)       At the end of section 187 the following subsections are
                     inserted --
                 "
10                   (2)    Subsection (1)(a) and (b) do not apply in relation to --
                             (a) T-shirts, lapel buttons, lapel badges, pens,
                                   pencils or balloons;
                             (b) business or visiting cards that promote the
                                   candidacy of any person in an election;
15                           (c) letters and cards --
                                      (i) that bear the name and address of the
                                           sender; and
                                     (ii) that do not contain a representation or
                                           purported representation of a ballot
20                                         paper for use in an election;
                                    or
                             (d) an article included in a prescribed class of
                                   articles.
                     (3)    Nothing in subsection (2)(a), (b) or (c) is to be regarded
25                          as limiting, by implication, the kind of regulations that
                            can be made for the purposes of subsection (2)(d).
                                                                                         ".
     79.             Section 191A amended
                     Section 191A(4) is amended in the definition of "publish" by
30                   inserting after "television" --
                     " or by electronic communication        ".

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                                                      Electoral Amendment Bill 2000
                                                 General amendments        Part 11

                                                                                   s. 80



    80.         Miscellaneous amendments about ballot paper forms and
                saving provision
          (1)   Amendments are made as set out in the Table to this subsection.
                                            Table
                s. 113(1)        Repeal the subsection, insert instead --
                                 "
                                    (1) Ballot papers shall be in the
                                        appropriate prescribed form.
                                                                                   ".
                s. 213(2)        Repeal the subsection.
                s. 213(3)        Delete "pursuant to subsection (2)", insert instead --
                                 " for the purposes of section 113(1) ".
                Sch. 3           Repeal the Schedule.
5         (2)   The repeal of Schedule 3 does not affect the operation of the
                Electoral (Ballot Paper Forms) Regulations 1990.

    81.         Other miscellaneous amendments
                Amendments are made as set out in the Table to this section.
                                   Table of amendments
                s. 4(1)                   In the definition of "prison", delete
                                          "section 4 of the Prisons Act 1903", insert
                                          instead --
                                          " section 3 of the Prisons Act 1981 ".
                s. 40(1)(b)(i)            Delete "Director of the Department of
                                          Corrections", insert instead --
                                          "
                                              chief executive officer, within the
                                              meaning of that expression as
                                              defined in section 3 of the Prisons
                                              Act 1981,
                                                                                        ".




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Electoral Amendment Bill 2000
Part 11        General amendments

s. 81



          s. 56              Delete "18", insert instead --
                             " 17 ".
          s. 90(12)          Delete "1903", insert instead --
                             " 1981 ".
          s. 144(2b)         Delete "a Deputy or", insert instead --
                             "   an ".




 


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