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This is a Bill, not an Act. For current law, see the Acts databases.
2019
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2019
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Electoral Legislation Amendment Bill 2019
A Bill for
An Act to amend legislation about electoral matters, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electoral Legislation Amendment Act 2019
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Note This Act also amends the Referendum (Machinery Provisions) Act 1994
(see sch 1).
The
(NI2016-536) is repealed.
omit
, subject to section 80
insert
(7) If Australia Post notifies the commissioner, in writing, that the delivery of a posted claim for enrolment or transfer of enrolment has been delayed by an industrial dispute and, apart from the dispute, would have been delivered to the commissioner before 6pm on polling day for an election, the claim is taken to have been received by the commissioner before 6pm on polling day for the election.
(8) In this section:
Australia Post means the Australian Postal Corporation established under the Australian Postal Corporation Act 1989
(Cwlth), section 12.
omit
8 Candidates to be
nominated
Section 105 (2) (b)
substitute
(b) 20 electors listed on the preliminary certified list of electors for the electorate.
omit
20 electors entitled to vote at the election
substitute
20 electors listed on the preliminary certified list of electors for the electorate
substitute
121 Certified extracts and certified lists of electors
(1) As soon as practicable after the beginning of the pre-election period for an election, the commissioner must—
(a) prepare—
(i) a preliminary certified extract of electors for each electorate; and
(ii) a preliminary certified list of electors for each electorate; and
(b) give a copy of the preliminary certified lists to the OIC for each polling place; and
(c) on request by a candidate for the electorate—give a copy of the preliminary certified extract to the candidate.
(2) As soon as practicable after polling day for an election, the commissioner must prepare—
(a) a supplementary certified extract of electors for each electorate; and
(b) a supplementary certified list of electors for each electorate.
(3) For subsection (1) (c), the candidate may ask for, and the commissioner may give, the preliminary certified extract in electronic or paper form.
(4) In this section:
eligible elector, in relation to an election, means an elector who is, or will be, at least 18 years old on polling day for the election.
preliminary certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each eligible elector who is enrolled for the electorate immediately before 6pm on the first day of the pre-election period.
preliminary certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains—
(a) the preliminary certified extract of electors; and
(b) each elector’s year of birth and gender.
supplementary certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each eligible elector who—
(a) is enrolled for the electorate—
(i) at or after 6pm on the first day of the pre-election period; but
(ii) before 6pm on polling day; or
(b) was enrolled for the electorate at or after 6pm on polling day but applied to be enrolled before—
(i) 6pm on polling day; or
(ii) for a person mentioned in section 154 (2)—the close of the polling place.
supplementary certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains—
(a) the supplementary certified extract of electors; and
(b) each elector’s year of birth and gender.
11 Claims to vote
Section 133
(1)
substitute
(1) This section applies if—
(a) a person attends before an officer at a polling place on polling day for an election; and
(b) claims to vote at the election; and
(c) the officer is satisfied that the preliminary certified list of electors for an electorate—
(i) includes the claimant’s name; and
(ii) states an address for the claimant or indicates that the claimant’s address is suppressed; and
(iii) has not been marked so as to indicate that a ballot paper has already been issued to the claimant.
(1A) The officer must issue a ballot paper to the claimant for the electorate.
omit
subsection (1)
substitute
subsection (1A)
13 Declaration voting at polling
places
Section 135 (1) (a) and (b)
substitute
(a) a preliminary certified list of electors does not include the person’s name; or
(b) a preliminary certified list of electors has been marked so as to indicate that a ballot paper has already been issued to the person but the person claims not to have voted already at the election.
14 Applications for postal voting
papers
Section 136A (6) (a)
before
certified list of electors
insert
preliminary
15 Ordinary or declaration voting in ACT
before polling day
Section 136B (3)
omit
substitute
(5) This section applies if—
(a) a person attends before an authorised officer on a day and at a time determined under subsection (2); and
(b) the person makes a declaration to the effect that the person is an eligible elector; and
(c) the authorised officer is satisfied that the preliminary certified list of electors for an electorate—
(i) includes the person’s name; and
(ii) states an address for the person or indicates that the person’s address is suppressed; and
(iii) has not been marked so as to indicate that a ballot paper has already been issued to the person.
(5A) The authorised officer must issue a ballot paper to the person for the electorate.
omit
subsection (5)
substitute
subsection (5A)
before
certified list of electors
insert
preliminary
19 Functions of visiting
officers
Section 151 (1) (a)
before
certified list of electors
insert
preliminary
20 Arrangements at polling
places
New section 154 (2)
insert
(2) For subsection (1) (b), an elector present in the polling place includes a person who—
(a) is not on the preliminary certified extract of electors for an electorate; but
(b) wishes to apply for enrolment in the electorate.
21 Arrangements for the polling in
Antarctica
Section 172 (1) (a) (i)
before
certified list of electors
insert
preliminary
22 Copies of returns to be available for
public inspection
Section 243 (5)
omit
information about a gift made by an individual
substitute
information about a gift or other reportable amount received from an individual
23 Immaterial delays and
errors
Section 268 (1) (b)
before
certified extracts of electors
insert
preliminary
24 Dissemination of unauthorised
electoral matter
Section 292 (1) (b) (i)
before
name
insert
full
omit
published
insert
disseminated
26 New section 292 (1) (b) (iv)
insert
(iv) if the matter is disseminated for an entity not mentioned in subparagraph (iii)—a statement to the effect that the matter is disseminated for the entity and the full name of the entity.
27 Canvassing within 100m of polling
places
Section 303 (2) and (3)
omit
28 Section 303 (7), definition of defined polling area
substitute
defined polling area, in relation to a polling place, means the area within the building where the polling place is located, and within 100m of the building.
29 Preliminary scrutiny of declaration
voting papers
Schedule 3, new clause 6 (2) (ba)
insert
(ba) the elector’s name is on the supplementary certified list of electors; and
substitute
(a) when the elector signed the declaration, the elector was entitled to be enrolled; and
31 Meaning of count
votes—sch 4
Schedule 4, clause 1A (2)
substitute
(2) Any fraction must be rounded down to 6 decimal places.
32 Dictionary, definitions of certified extract of electors and certified list of electors
substitute
certified extract of electors, for an election in an electorate, means a preliminary or supplementary certified extract of electors.
certified list of electors, for an election in an electorate, means a preliminary or supplementary certified list of electors.
33 Dictionary, definition of closed
omit
34 Dictionary, definition of official error
omit
the roll closed for the purpose of
substitute
6pm on the first day of the pre-election period for
35 Dictionary, new definitions
insert
preliminary certified extract of electors, for an election in an electorate—see section 121 (4).
preliminary certified list of electors, for an election in an electorate—see section 121 (4).
supplementary certified list of electors, for an election in an
electorate—see section 121 (4).
Part 3 Public Unleased Land Act 2013
insert
105A Removal of non-compliant electoral advertising signs by Territory
(1) This section applies if—
(a) a person places an electoral advertising sign on public unleased land; and
(b) either—
(i) the person fails to comply with the movable signs code of practice; or
(ii) the sign does not comply with the movable signs code of practice.
(2) An authorised person may remove the electoral advertising sign to a retention area.
(3) If an authorised person removes an electoral advertising sign to a retention area, the authorised person must as soon as practicable take reasonable steps to give the owner of the sign a written notice stating—
(a) that the sign has been moved to a retention area; and
(b) when and where the sign may be collected; and
(c) that, if the owner does not collect the sign within 7 days after the notice is given to the owner, the sign may be disposed of under the Uncollected Goods Act 1996
.
Note A decision under s (2) is a reviewable decision. A notice under s (3) must include requirements prescribed under the ACT Civil and Administrative Tribunal Act 2008
for a reviewable decision notice.
(4) To remove any doubt, the authorised person may remove the electoral advertising sign without giving the person a removal direction under section 98.
(5) In this section:
authorised person includes a police officer.
electoral advertising sign means a movable sign that contains electoral matter.
electoral matter—
(a) means a matter that is intended, or is likely, to affect voting in an ACT, State or Commonwealth election or referendum; and
(b) includes any matter that contains an express or implied reference to—
(i) an ACT, State or Commonwealth election or referendum; or
(ii) any matter on which electors are required to vote in an ACT, State or Commonwealth election or referendum.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
owner, for an electoral advertising sign that states it is authorised by a person, means the person.
37 Disposal of objects by
Territory
Section 106 (1)
after
section 105
insert
or section 105A
38 Reviewable
decisions
Schedule 1, new item 26
insert
26
|
105A (2)
|
remove electoral advertising sign
|
owner of sign
|
Schedule 1 Referendum (Machinery
Provisions) Act 1994—Consequential amendment
(see s 3)
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 26 September 2019.
2 Notification
Notified under the
on 2019.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2019
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