Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral Amendment
Bill 2006
A Bill for
An Act to amend the
Electoral Act
1992
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
1 Name of Act
This Act is the Electoral Amendment Act 2006.
2 Commencement
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended
This Act amends the Electoral Act 1992.
4 Section 12
substitute
12 Appointment of members
(1) The Executive may appoint the members.
Note For the making of appointments (including acting appointments),
see the Legislation Act, pt 19.3.
(2) An appointment is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) Before a person is appointed as a member, the Minister must consult
the following people about the proposed appointment:
(a) the leader of each political party represented in the Legislative
Assembly;
(b) each member of the Legislative Assembly who is not a member of a
political party represented in the Legislative Assembly.
12A Eligibility for appointment as
member
The Executive must not appoint a person as a member if the person is or
has, in the 5 years immediately before the day of the proposed appointment,
been—
(a) a member of—
(i) the Legislative Assembly; or
(ii) the Parliament of the Commonwealth; or
(iii) the legislature of a State or another Territory; or
(b) a member of—
(i) a registered party; or
(ii) a political party registered under a law of the Commonwealth, a State
or another Territory; or
(iii) a political party.
12B Eligibility for appointment as
chairperson
(1) The Executive may appoint a person as the chairperson of the electoral
commission only if the person—
(a) is or has been a judge; or
(b) has been a justice of the High Court; or
(c) has been a chief executive of an administrative unit; or
(d) has been a chief executive officer (however described) of a territory
instrumentality; or
(e) has been a statutory office-holder; or
(f) has been a Commonwealth agency head; or
(g) has been a member of—
(i) the electoral commission; or
(ii) an authority of the Commonwealth, a State or another Territory that
the Executive is satisfied corresponds to the electoral commission; or
(h) is a person who—
(i) is a lawyer; and
(ii) has been a lawyer for at least 5 years; and
(iii) the Executive is satisfied has held a senior position in the legal
profession; or
(i) is a person who the Executive is satisfied—
(i) has held, for at least 5 years, a senior
position—
(A) as an academic; or
(B) in business; or
(C) in a profession; and
(ii) has the knowledge and experience to exercise the functions of
chairperson.
(2) In this section:
Commonwealth agency head means an agency head under the
Public Service Act 1999 (Cwlth), section 7
(Interpretation).
Note The Public Service Act 1999 (Cwlth), s 7, defines
agency head as—
(a) the secretary of a department; or
(b) the head of an executive agency; or
(c) the head of a statutory agency.
5 Dictionary, notes 1 and 2
substitute
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• administrative unit
• adult
• chief executive (see s 163)
• Commonwealth
• doctor
• Executive
• exercise
• fail
• function
• judge
• lawyer
• Self-Government Act
• Speaker
• State
• statutory office-holder
• territory instrumentality.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
[Index]
[Search]
[Download]
[Related Items]
[Help]