Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014 (ACT)

Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014

A2014-15

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Definitions—pt 3Section 28, definitions  2

5            Timetable for ATSIEB electionsTable 29  3

6            New section 29A  4

7Modifications of Electoral Act as applied to ATSIEB elections
Schedule 1, modification 1.4, section 80 (1A) (a)  4

8            Schedule 1, new modification 1.106A  4

9            Dictionary, definition of hour of nomination  5

10          Dictionary, definition of nomination close day  5

11          Dictionary, definition of nominee  5

12          Dictionary, definition of pre-election period  5

Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014

A2014-15

An Act to amend the Aboriginal and Torres Strait Islander Elected Body Act 2008

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Aboriginal and Torres Strait Islander Elected Body Amendment Act 2014.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Aboriginal and Torres Strait Islander Elected Body Act 2008.

4. Definitions—pt 3
   Section 28, definitions

   omit the definitions of

   hour of nomination

   nomination close day

   nominee

   pre-election period

5. Timetable for ATSIEB elections
   Table 29

   substitute

Table 29ATSIEB election timetable

column 1 item	column 2 election event	column 3 date
1	election start day	the Monday, 47 days before the polling start day
2	nominations close	12 noon on the Monday, 33 days before the polling start day
3	nominations for candidates declared	as soon as practicable after 12 noon on the day after nominations close
4	order of ballot paper decided	as soon as practicable after the nominations for candidates are declared
5	electoral rolls close	5 pm on the Monday, 12 days before the polling start day
6	polling start day	either––     (a)     the Saturday immediately before the first Sunday in July, 3 years after the last ATSIEB election was held; or     (b)     if a day is determined under s 29A––that day
7	polling close day	the first Saturday after the polling start day
8	scrutiny starts	not earlier than 7 business days after the polling close day
9	election declared	as soon as practicable after scrutiny ends

1. New section 29A

   insert

29ADetermination of polling day

(1)The Minister may determine the polling start day for an ATSIEB election to be held 3 years after the last election was held.

(2)The day determined must be a Saturday.

(3)A determination is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

1. Modifications of Electoral Act as applied to ATSIEB elections
   Schedule 1, modification 1.4, section 80 (1A) (a)

   omit

   Wednesday in April

   substitute

   Monday

2. Schedule 1, new modification 1.106A

   insert

[1.106A]Definition of pre-election period

substitute

pre-election period, for an ATSIEB election, means the period––

(a)starting at 9 am on the first day when a person may be nominated as a candidate for the election; and

(b)ending at the end of the last day when an elector may vote in the election.

1. Dictionary, definition of hour of nomination

   substitute

   hour of nomination, for an ATSIEB election––see the Electoral Act, section 108 (3), as applied by section 31.

   NoteSch 1, pt 1.2, mod 1.14 modifies the Electoral Act, s 108 (3) in its application to this Act.

2. Dictionary, definition of nomination close day

   substitute

   nomination close day, for an ATSIEB election, means the Monday 33 days before the polling start day.

3. Dictionary, definition of nominee

   substitute

   nominee, for an ATSIEB election, means a person nominated as a candidate for the election.

4. Dictionary, definition of pre-election period

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 10 April 2014.

2. Notification

   Notified under the Legislation Act on 9 May 2014.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Aboriginal and Torres Strait Islander Elected Body Amendment Bill 2014, which was passed by the Legislative Assembly on 6 May 2014.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2014