Australian Capital Territory (Electoral) Act 1988 (Cth)
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. This Act and Electoral Act to be read as one Act
5. Available preferences
6. Jervis Bay Territory excluded
7. Act to bind Crown
8. Territory to be single electorate
9. Electoral Roll
10. Times of general elections
11. Qualifications of electors
12. Functions of Electoral Commission in relation to general elections
13. Registration of political parties
14. Australian Capital Territory Electoral Officer
15. Divisional Returning Officers
16. Application of Commonwealth Electoral Act
17. Nominations
18. Voting at general elections
19. Counting votes: exclusion from distribution of seats
20. Counting votes: provisional election of candidates
21. Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.
22. Counting votes: election of candidates
23. Counting votes: distribution of seats among parties and independent candidates
24. Provision of Rolls and habitation indexes to political parties etc.
25. Election funding
26. Report by Electoral Commission
27. Staff
28. Regulations
29. Transitional
SCHEDULE 1
MODIFICATIONS OF COMMONWEALTH ELECTORAL ACT
SCHEDULE 2
EXAMPLE OF DISTRIBUTION OF SEATS AMONG PARTIES AND INDEPENDENT CANDIDATES
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“Electoral Act” means the
Commonwealth Electoral Act 1918 applying as provided by section 16;“eligible Territory overseas elector” means a person who is entitled to be treated as an eligible Territory overseas elector under section 94 or 95 of the Electoral Act;
“independent candidate” means a candidate in a general election who has not been nominated in the election by a registered party, and, in relation to a general election, means an independent candidate in that election;
“ordinary election” means a general election other than an election held under section 16 or 48 of the Self-Government Act;
“political party” means an organisation the object or activity, or one of the objects or activities, of which is the promotion of the election to the Assembly of a candidate or candidates endorsed by it and which is established on the basis of a written constitution (however described) that sets out the aims of the organisation;
“pre-election period” means a period of 36 days immediately before polling day for a general election, and, in relation to a general election, means the pre-election period immediately before the polling day in that election;
“registered party” means a political party that is registered under section 13;
“Roll for the Territory” means the Roll of electors for the Territory required by section 81 of the
Commonwealth Electoral Act 1918 ;“Self-Government Act” means the
Australian Capital Territory (Self-Government) Act 1988 ;“this Act”, except in section 4, includes the Electoral Act.
(a) where only one of those squares is opposite the name of a party or an independent candidate, the next available preference shall be taken to be for that party or candidate;
(b) where 2 or more of those squares are opposite the names of parties or independent candidates, the ballot-paper shall not be taken to indicate a next available preference;
(c) where all those squares are opposite the names of candidates of the particular party, the next available preference shall be taken to be for that party; and
(d) where all those squares are opposite the names of candidates of parties and 2 or more of them are opposite the names of candidates of different parties, the ballot-paper shall not be taken to indicate a next available preference.
(a) the person lives in the Jervis Bay Territory;
(b) the person’s name is on the Roll by virtue of section 94 or 95 of the
Commonwealth Electoral Act 1918 but the person is not an eligible Territory overseas elector;(c) the person’s name is on the Roll by virtue of section 96 of the
Commonwealth Electoral Act 1918 ; or(d) in relation to a general election, the person’s name was added to the Roll because of a claim for enrolment received by a Divisional Returning Officer after 6 p.m. 29 days before the polling day for the election.
“year” means a calendar year.
(a) under subsection (4) or (5), an ordinary election would be required to be held on the third Saturday in February in a particular year; and
(b) that Saturday is the polling day for an election of the Senate or a general election of the House of Representatives;
the ordinary election shall be held on the first Saturday in April in that year.
(a) apart from this subsection, an ordinary election would be due to be held on a day (in this subsection called the “due day”) in a particular year (in this subsection called the “due year”); and
(b) an election is held under section 16 of the Self-Government Act on a day after the third Saturday in August in the preceding year and before the due day;
the following provisions apply:
(c) an ordinary election shall not be held in the due year;
(d) subsections (5) and (6) apply in relation to subsequent ordinary elections as if an ordinary election had been held in the due year.
(a) the person’s name is on the Roll for the Territory on that day; and
(b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory.
(a) to perform functions that are permitted or required to be performed by or under this Act, not being:
(i) functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or
(ii) functions that consist of appointing a person to an office; and
(b) to promote public awareness of matters relating to general elections and matters relating to the Assembly by means of the conduct of education and information programs and by other means.
(a) as if any amendments of those Parts commencing after 1 October 1988 had not been made; and
(b) subject to the modifications set out in Schedule 1.
(a) the performance by the Electoral Commission of its functions under section 12; or
(b) the operation of the Parts referred to in subsection (2).
(a) references to the Australian Electoral Officer for a Territory shall be taken to be references to the Australian Capital Territory Electoral Officer;
(b) references to a registered political party shall be taken to be references to a registered party;
(c) references to the Register of Political Parties shall be taken to be references to the register maintained under section 13; and
(d) except in the Parts referred to in subsection (3) and in relation to the first general election, references to the
Gazette shall be taken to be references to theTerritory Gazette.
(a) by a registered party; or
(b) as an independent candidate;
in accordance with Part XIV of the Electoral Act.
(a) voting shall be compulsory;
(b) voting shall be by secret ballot;
(c) at a general election, an elector shall not vote more than once;
(d) at a general election, an elector shall vote only by:
(i) expressing a first preference for one independent candidate;
(ii) expressing a first preference for one registered party; or
(iii) expressing a first preference for one candidate of one registered party;
and, if the elector wishes to do so, expressing subsequent preferences for candidates or parties for which the elector has not expressed a first preference.
(a) a party is excluded;
(b) a ballot-paper that indicates a first preference vote for that party or a candidate of that party does not indicate a preference for another party, a candidate of another party, or an independent candidate; and
(c) that excluded party has a party voting ticket registered for the purposes of the election that indicates a next available preference for a party, a candidate of a party, or an independent candidate, not excluded;
the vote shall be transferred to, and added to the base number of, the party, the party of the candidate, or the independent candidate, with that preference.
(a) a party:
(i) that was not excluded under section 19; but
(ii) did not receive a seat under subsection 20 (1); or
(b) a candidate:
(i) of a party that was not excluded under section 19; and
(ii) who was not provisionally elected under subsection 20 (3) or (4);
the vote given by that ballot-paper shall be transferred to:
(c) where the ballot-paper indicates a next available preference for another party, or a candidate of another party, not excluded—that other party; or
(d) where the ballot-paper indicates a next available preference for an independent candidate not excluded—that candidate.
(a) was not excluded under section 19; but
(b) did not receive a seat under subsection 20 (1);
the vote given by that ballot-paper shall be transferred to:
(c) where the ballot-paper indicates the next available preference for a party, or a candidate of a party, not excluded—that party; or
(d) where the ballot-paper indicates the next available preference for another independent candidate not excluded—that candidate.
(a) a first preference for a candidate:
(i) of a party that was not excluded under section 19; and
(ii) who was not provisionally elected under subsection 20 (3) or (4); and
(b) a next available preference for another candidate of that party; that next available preference shall be taken to be the first preference.
(a) where a ballot-paper indicates a vote that has been transferred under subsection 19 (4) or (5) because of a next available preference for a party, a candidate of a party or an independent candidate, the ballot-paper shall be taken to indicate the first preference for that party, candidate of that party, or independent candidate, as the case may be; and
(b) where subsection 19 (5) applies to a ballot-paper, preferences indicated by the party voting ticket shall be taken to be indicated by the ballot-paper.
(a) adding to the base number the votes transferred to the party or independent candidate under subsections (1) and (2); and
(b) deducting from the base number the votes for that party or independent candidate that were transferred under subsection (1) or (2) to another party or an independent candidate or to a party or another independent candidate, as the case may be.
“adjusted base number”, in relation to a party or independent candidate, means:
(a) in the case of a determination for the purposes of subsection 20 (1)—the base number of the party or candidate as increased under subsections 19 (4) and (5); or
(b) in the case of a determination for the purposes of subsection 22 (1)—the base number of the party or candidate as increased under those subsections and adjusted under subsection 21 (5);
“base number” has the same meaning as in subsection 19 (1).
“habitation index for the Territory” means a list of the persons whose names are on the Roll for the Territory arranged, in a manner determined by the Electoral Commission, by reference to their respective places of living;
“tape or disk” means, in relation to a Roll or habitation index, a tape or disk from which the information contained in the latest print of that Roll or in that index, as the case may be, and no other information, may be reproduced by mechanical, electrical, electronic or other means.
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
MODIFICATIONS OF COMMONWEALTH ELECTORAL ACT
(a) Omit the definitions of “Australian Capital Territory”, “General election”, “Itinerant elector”, “Political party”, “Registered political party”, “Register of Political Parties” and “Territory”.
(b) Insert the following definitions:
“ ‘Ballot-line’ means the line required by paragraph 209 (2) (a) to appear on ballot-papers;
‘Continuing party’ means a party that has not been excluded under section 19 of the Territory Electoral Act;
‘Preference mark’ means the number 1, a tick or a cross;
‘Territory Electoral Act’ means the
Australian Capital Territory (Electoral) Act 1988 ;‘this Act’, except in sections 7 and 32, includes the Territory Electoral Act;”.
Insert the following subsection:
“(1a) For the purposes of this Act, a registered party shall be taken to endorse a candidate in a general election if the party nominates the candidate in the election.”.
Omit the subsections.
Omit the paragraph.
Omit “a State or”, substitute “the Commonwealth, a State or a”.
After “State” insert “, of the Assembly”.
Omit the section.
Omit the subsections, substitute the following subsections:
“(2) No polling place shall be abolished during a pre-election period.
“(3) The Electoral Commission shall, on at least one occasion within each pre-election period, if it is practicable to do so, publish in a newspaper circulating generally in the Territory a notice setting out all polling places in the Territory.”.
Omit the subsections.
Omit the subsection.
Omit “any Senate election or House of Representatives election”, substitute “a general election”.
Omit the subsection.
Omit “eligible overseas elector” (wherever occurring), substitute “eligible Territory overseas elector”.
Omit “and”.
Omit “Australia” (second occurring), substitute “the Territory”.
Add the following word and paragraph:
“; and (c) who has applied to be treated as an eligible overseas elector under section 94 of the
Commonwealth Electoral Act 1918 ;”.
Omit “Australia” (first occurring), substitute “the Territory”.
Omit “Australia” (first occurring), substitute “the Territory”.
Omit “Australia”, substitute “the Territory”.
Omit “Australia”, substitute “the Territory”.
Omit “Australia”, substitute “the Territory”.
Omit “eligible overseas elector” (wherever occurring), substitute “eligible Territory overseas elector”.
Omit “and”.
Omit “Australia”, substitute “the Territory”.
Add the following word and paragraph:
“; and (fa) who has applied to be treated as an eligible overseas elector under section 95 of the
Commonwealth Electoral Act 1918 ;”.
Omit “Australia”, substitute “the Territory”.
Omit “Australia” (wherever occurring), substitute “the Territory”.
Omit “Australia”, substitute “the Territory”.
Omit “Australia”, substitute “the Territory”.
Omit the sections.
Omit the definition, substitute the following definition:
“ ‘Eligible political party’ means a political party which may be registered under section 13 of the Territory Electoral Act;”.
Omit the subsection.
Omit the sections.
Omit all words after “Commission”, substitute “by the secretary of the party.”.
Omit “or applicants”.
(a) Omit “or the names and addresses of the applicants”.
(b) Omit “or each applicant”.
(c) Add at the end “and”.
Omit the paragraph.
Omit “(if any) to which paragraph (f) applies”, substitute “of the party”.
Omit all words after “During” and before “no action”, substitute “a pre-election period”.
(a) Omit “3 months”, substitute “30 days”.
(b) Omit “this Part”, substitute “the Territory Electoral Act”.
(c) After “Parliamentary party” insert “at least one member of which is a member of the Parliament of the Commonwealth”.
After “this Act” insert “in its application in relation to general elections”.
Omit the section.
Omit “or applicants” (wherever occurring).
Omit all words after “and in” and before “a notice”, substitute “a newspaper circulating generally in the Territory”.
(a) Omit “1 month”, substitute “7 days”.
(b) Omit “in the
Gazette ”.
After “this Act” insert “in its application in relation to general elections”.
Omit “or applicants”.
Omit “or applicants”.
(a) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”.
(b) Omit all words after “Commission” and before “to change”, substitute “by the secretary of the party”.
Omit “or applicants”.
(a) Omit “or the names and addresses of the applicants”.
(b) Omit “or each applicant”.
Omit “or applicants”.
Omit “or applicants”.
(a) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”.
(b) Omit all words after “Commission” (second occurring), substitute “by the secretary of the party”.
Omit “or applicants”.
(a) Omit “or the names and addresses of the applicants”.
(b) Omit “or each applicant”.
Omit “this Part”, substitute “section 13 of the Territory Electoral Act”.
(a) Omit “the elections for the Senate or the House of Representatives”, substitute “a general election”.
(b) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”.
Omit the subsection.
Omit the subsections, substitute the following subsections:
“(1) If the Commission is satisfied on reasonable grounds that a political party registered under section 13 of the Territory Electoral Act has ceased to exist (whether by amalgamation with another political party or otherwise), the Commission shall:
(a) give the registered officer of the party notice, in writing, that it is considering de-registering the party under this section setting out its reasons for considering doing so; and
(b) publish a notice in the
Gazette that it is considering de-registering the party under this section.
“(2) Where a notice is given under paragraph (1) (a) in relation to a political party, the registered officer of the party may, within one month after the day on which the notice was given, lodge with the Commission a statement, in writing, signed by the registered officer setting out reasons why the party should not be de-registered under this section.”.
Omit “(d)”, substitute “(a)”.
Omit “(d)”, substitute “(a)”.
Omit “or applicants”.
(a) Omit “, or persons are,”.
(b) Omit “or persons”.
(c) Omit all words after “Canberra”.
(a) Omit “, or persons are,”.
(b) Omit “or persons”.
In paragraphs (a) and (b) of the definition, omit “this Part”, substitute “section 13 of the Territory Electoral Act”.
Omit the sections.
Omit all words after “member of, substitute:
“(a) the Parliament of the Commonwealth;
(b) the Parliament of a State; or
(c) the Legislative Assembly of the Northern Territory of Australia;
is not capable of being nominated as a member of the Assembly.”.
Omit the section.
Omit “may be in Form C, CA, CB, CC, D or DA in the Schedule, as the case requires,”, substitute “shall be in a form approved by the Electoral Commission”.
Omit “and” (last occurring).
Omit the paragraph, substitute the following paragraphs:
“(b) be signed by:
(i) in the case of a candidate being nominated as an independent candidate in the election, 2 persons entitled to vote at the election; or
(ii) in the case of a candidate or candidates being nominated by a registered party, the registered officer of the party;
(c) where there are 2 or more candidates nominated by a particular registered party, specify the order in which their names are to be listed on the ballot-paper; and
(d) in the case of a candidate or candidates nominated by a particular registered party, state whether the full name of the party or an abbreviation of it is to appear on the ballot-paper.”.
Omit the subsection.
Omit the subsection, substitute the following subsection:
“(1) Nominations of members of the Assembly may be made to the Australian Capital Territory Electoral Officer.”.
Omit “the issue of the writ”, substitute “the commencement of the pre-election period for the election”.
Omit the sections.
Omit the subparagraph, substitute the following subparagraph: “(ii) declares that the person is qualified to be elected as a member of the Assembly;”.
Omit “the issue of the writ”, substitute “the commencement of the pre-election period for the election”.
Omit all words after “deposits with” and before “in legal tender”, substitute “the Australian Capital Territory Electoral Officer the sum of $100”.
Omit “Australian Electoral Officer or Divisional Returning Officer”, substitute “Australian Capital Territory Electoral Officer”.
(a) Insert at the beginning of the section the following subsection: “(1) In this section, ‘base number’ has the same meaning as in subsection 19 (1).”.
(b) Omit “a Senate election or at a House of Representatives election”, substitute “a general election”.
(c) Omit paragraphs (a) and (b), substitute the following paragraphs:
“(a) in the case of an independent candidate, if the base number of the candidate is at least 4% of the total number of formal votes in the election; and
(b) in the case of a candidate nominated by a registered party, if the base number of the party is at least 4% of the total number of formal votes in the election;”.
(d) Omit “to the Commonwealth”, substitute:
“to:
(a) in the case of the first general election, the Commonwealth; or
(b) in the case of any other general election, the Territory.”.
Omit “an election of Senators for a State or Territory the office of the Australian Electoral Officer for that State or Territory”, substitute
“a general election, the office of the Australian Capital Territory Electoral Officer”.
Omit the subsection.
Omit “In the case of a Senate election, the Australian Electoral Officer”, substitute “The Australian Capital Territory Electoral Officer”.
Omit the subsection.
(a) Omit all words after “lodging with” and before “a notice”, substitute “the Australian Capital Territory Electoral Officer”.
(b) Add the following subsection:
“(2) The registered officer of a registered party may cancel the nomination of a candidate of that party at any time before the hour of nomination by lodging with the Australian Capital Territory Electoral Officer a notice of cancellation, and thereupon the nomination shall be cancelled, and the deposit lodged shall be returned to the candidate.”.
(a) Omit “In the case of a Senate election, if, substitute “If”.
(b) After “Australian” insert “Capital Territory”.
Omit the subsection.
(a) Omit “for the Senate”.
(b) Omit “and the writ returned”.
Omit the subsection.
Omit “a new writ shall forthwith be issued”, substitute “, the Commission shall set a day”.
Omit “State or Territory for which he is enrolled” (wherever occurring), substitute “Territory”.
(a) Omit “or elections” (wherever occurring).
(b) Omit “as the case may be”.
Omit “after the issue of a writ for the election”, substitute “within the pre-election period for the election”.
Omit the subsection.
Omit all words before “send an application”, substitute “A Divisional Returning Officer for a Division in the Territory shall, as soon as practicable after the public announcement of the proposed polling day in a general election, other than an ordinary election, and, as soon as practicable after the commencement of the pre-election period for an ordinary election”.
(a) Omit “issue of the writ”, substitute “close of nominations”.
(b) Omit all words after “1 postal ballot-paper” (first occurring), substitute “for the election”.
Omit all words after “1 postal ballot-paper” (first occurring), substitute “for the election”.
After “prescribed” insert “or in the form approved by the Electoral Commission”.
Omit “sections 93 and 229”, substitute “section 11 of the Territory Electoral Act and section 229”.
Omit “Senate election but no other ballot-paper”, substitute “general election”.
Omit “State or Territory that includes the relevant Division”, substitute “Territory”.
Omit the subsections.
(a) Omit “, (4) or (5)”, substitute “or (4)”.
(b) Omit words in brackets.
Omit the subsection.
Omit the subsections, substitute the following subsections:
“(1) Ballot-papers to be used in a general election shall be in a form approved by the Electoral Commission.
“(2) A form of ballot-papers approved by the Electoral Commission shall be such that:
(a) there is a horizontal line across each ballot-paper;
(b) above that line and in order from left to right are the names of each registered party that has nominated a candidate or candidates followed by the names of each independent candidate under the heading ‘Independent Candidates’ or ‘Independent Candidate’, as the case requires; and
(c) below that line and below the name of each registered party is the name of the candidate, or a list in vertical order of the names of the candidates, nominated by the party.”.
Omit all words after “printed on” and before “and shall use”, substitute “white paper”.
Omit “Senate”, substitute “general”.
Omit the paragraph, substitute the following paragraph:
“(a) where there are 2 or more candidates nominated by a particular registered party, their names shall be printed on ballot-papers in the order requested in their nomination;”.
(a) Omit “several groups”, substitute “registered parties”.
(b) After “Australian” insert “Capital Territory”.
(a) Omit “candidates whose names are not included in any group”, substitute “independent candidates in the election”.
(b) After “Australian” insert “Capital Territory”.
Before “each candidate” insert “each registered party above the ballot-line and”.
Omit the subsection.
Before “Register” insert “Australian Capital Territory”.
(a) Omit “under section 169”, substitute “in the relevant nomination”.
(b) Omit “adjacent to the name of a candidate”.
Omit “adjacent to the names of candidates”.
Omit “adjacent to squares printed, in accordance with subsection 211 (5),”.
Omit the sections, substitute the following section:
“211. (1) Where a registered party has nominated a candidate or candidates for a general election, the registered officer of the party may, before the expiration of 24 hours after the closing of nominations for the election, lodge with the Australian Capital Territory Electoral Officer a written statement that the party wishes voters in the election who vote for the party to indicate subsequent preferences for some or all of the other parties, candidates of other parties and independent candidates in the election in an order specified in the statement.
“(2) A registered party shall not lodge a statement for the purposes of subsection (1) that indicates equal preferences.
“(3) Without limiting the generality of subsection (1), a statement by a party for the purposes of that subsection may specify an order of preferences by setting out the names of the other parties, the names of the candidates of the other parties, and the names of the independent candidates, in the election in the lists, and in the order, in which they are to be set out on a ballot-paper, with squares opposite each name and with numbers in squares showing that order of preferences.
“(4) Where a party lodges a statement under subsection (1) in relation to an election, that party shall be taken to have a party voting ticket registered for the purposes of the election, being the order of preferences given in that statement.
“(5) A statement by a party under subsection (1) shall be signed by the registered officer of the party.”.
(a) Omit “or 212”.
(b) Omit “names of candidates or of groups”, substitute “registered parties or names of independent candidates”.
Omit “names or groups”, substitute “parties or names”.
Omit “candidates or groups”, substitute “parties or independent candidates”.
After “Australian Public Service” (wherever occurring) insert “, a public servant or a member of the staff of a Territory authority”.
Omit “name or group” (wherever occurring), substitute “party or name”.
(a) After “Australian Public Service” (first occurring) insert “, a public servant or a member of the staff of a Territory authority”.
(b) Omit “another officer of the Australian Public Service”, substitute “another person who is an officer of the Australian Public Service, a public servant or a member of the staff of a Territory authority”.
Omit “name or group”, substitute “party or name”.
Omit “names or groups” (wherever occurring), substitute “parties or names”.
Omit the subsection.
Omit the section.
Omit the section, substitute the following section:
“216. (1) Where a party voting ticket is, or party voting tickets are, registered for the purposes of an election, the Australian Capital Territory Electoral Officer shall cause a poster showing the ticket, or all the tickets, to be prominently displayed at each polling booth.
“(2) A poster for the purposes of subsection (1) shall be so prepared that:
(a) voting tickets are displayed in vertical columns; and
(b) the tickets are displayed in the same order from the top of each column as the order on the ballot-papers of the parties by which the tickets were lodged.”.
Omit “or of the police force of a State or Territory”.
Omit the subsections.
(a) Omit “For the purposes of this section, the”, substitute “The”.
(b) Omit “date fixed for the polling”, substitute “polling day”.
Omit all words after “within the”, substitute “Territory”.
Omit all words after “is” (first occurring), substitute “an elector of the Territory”.
Omit all words after “is” (first occurring), substitute “an elector of the Territory”.
Omit the subsection.
Omit “on the day of the issue of the writ”, substitute “36 days before the polling day”.
Omit the section.
Omit “or 227 (10)”.
Omit “Electoral Officer for the State or Territory that includes that Division”, substitute “Capital Territory Electoral Officer”.
Omit “Electoral Officer for the State or Territory that includes that Division”, substitute “Capital Territory Electoral Officer”.
Omit “or elections”.
Omit “or Have you voted before in these elections? (as the case requires)”.
Omit “Senate election but no other ballot-paper”, substitute “general election”.
Omit “State or Territory that includes the relevant Division”, substitute “Territory”.
Omit the subsection.
Omit the subsection.
Omit “sections 93 and 229”, substitute “section 18 of the Territory Electoral Act and section 229”.
Omit the subsections, substitute the following subsections:
“(1) A voter may mark the ballot-paper:
(a) by placing the number 1 in the square opposite the name of the independent candidate for whom the voter votes;
(b) by placing the number 1 in the square opposite the name of the registered party for whom the voter votes; or
(c) by placing the number 1 in the square opposite the name of a candidate in the list of candidates of the registered party for whom the voter votes.
“(2) Where a voter has marked a ballot-paper in accordance with subsection (1), the voter may, if the voter wishes, also mark it by placing the number 2 or the numbers 2, 3 (and so on as the voter wishes) in squares
opposite the names of the parties or candidates for whom the voter wishes to indicate preferences.”.
Omit “in accordance with subsection 211 (5) or 211a (6)”, substitute “opposite the name of a registered party, an independent candidate or a candidate in a list of candidates”.
Add at the end “or”.
Omit “or”.
Omit the paragraph.
Omit the section.
Omit the section.
Omit the subsection.
Add at the end “or”.
(a) Before “overseas” insert “Territory”.
(b) Omit “or”.
Omit the paragraph.
Omit “, 239 and 240”, substitute “and 239”.
Omit all words before “shall”, substitute:
“(1) If:
(aa) the proceedings stand adjourned to polling day; and
(ab) an Antarctic elector is entitled to vote in the election;
the Australian Capital Territory Electoral Officer”.
Omit “State”, substitute “Territory”.
Omit “for the State”.
Omit the subsection.
(a) Omit “an Australian Electoral Officer or a Divisional Returning Officer”, substitute “the Australian Capital Territory Electoral Officer”.
(b) Omit “both the Australian Electoral Officer or the Divisional Returning Officer, as the case may be”, substitute “the Australian Capital Territory Electoral Officer”.
(a) Omit “, 212, 213”.
(b) Omit “, 212”.
Omit “or (2) (b), as the case may be,”.
Omit “or elections”.
Omit “or Have you voted in these elections? (as the case requires)”.
(a) Omit “Division or State, as the case requires, for which the person is enrolled”, substitute “Territory”.
(b) Omit “or (2) (b), as the case may be,”.
Omit “the Australian Electoral Officer for each State for which there is enrolled an Antarctic elector who has voted in elections held in the State in the poll taken at the station”, substitute “the Australian Capital Territory Electoral Officer”.
(a) Omit “such”.
(b) Omit “so”.
Omit “an Australian”, substitute “the Australian Capital Territory”.
Omit “appropriate for the State or Division for which the vote was cast”.
Omit “an Australian”, substitute “the Australian Capital Territory”.
Omit the section.
Omit “each” (second occurring), substitute “the”.
Omit “or ballot-papers” (wherever occurring).
Omit “for a Senate election but no other ballot-paper”.
Omit “State or Territory that includes the relevant Division”, substitute “Territory”.
Omit the subsection.
Omit the subsection.
Omit “by section 239, and”.
Omit the paragraphs, substitute the following paragraphs:
“(b) it has no vote indicated on it;
(c) a preference mark has been placed in more than one square above the ballot-line;
(ca) preference marks have been placed in squares below the ballot-line opposite the names of candidates of different parties.”.
Omit the section, substitute the following section:
“269. (1) Where a formal ballot-paper:
(a) has:
(i) a preference mark in a square next to the name of a party;
(ii) no other preference mark in a square above the ballot-line; and
(iii) a preference mark in a square opposite the name of a candidate of another party; or
(b) has:
(i) a preference mark in a square next to the name of an independent candidate;
(ii) no other preference mark in a square above the ballot-line; and
(iii) a preference mark in a square opposite the name of a candidate of a party;
the ballot-paper shall be taken not to have been marked below the ballot-line.
“(2) Where a formal ballot-paper has:
(a) a preference mark in a square next to the name of a party;
(b) no other preference mark in a square above the ballot-line; and
(c) a preference mark in a square opposite the name of a candidate of that party;
the ballot-paper shall be taken not to have been marked above the ballot-line.”.
Omit the section, substitute the following section:
“270. (1) Where a formal ballot-paper:
(a) has a preference mark in the square opposite the name of a continuing party; and
(b) does not have any mark in a square below the ballot-line;
the voter shall be taken to have indicated his or her preferences for the candidates of that party in the same order as the order of their names on the ballot-paper.
“(2) Where a vote is transferred to a party under subsection 19 (4) of the Territory Electoral Act because of the expression of a next available preference in a square opposite the name of a party on a ballot-paper, the number expressing that preference shall be taken to be the number 1 and any other preference marks on the ballot-paper shall be taken not to have been made.
“(3) Where, under subsection 21 (3) of the Territory Electoral Act, a preference indicated for the candidate of a party on a ballot-paper is taken to be a first preference, any other preference marks on the ballot-paper shall be taken not to have been made.
“(4) Where, under subsection 19 (5) of the Territory Electoral Act, a vote is transferred to a party in accordance with a party voting ticket, the voter shall be taken to have indicated his or her preferences for the candidates of the party in the order indicated by that party voting ticket.
“(5) Where a formal ballot-paper:
(a) has marks expressing preferences for candidates of a particular continuing party; but
(b) the preferences have not been expressed in strict consecutive numerical sequence;
the preferences shall be allocated in accordance with the general sequence of numbers.
“(6) Where a formal ballot-paper:
(a) has a mark expressing a preference for a candidate of a particular continuing party; but
(b) does not have marks expressing a preference in all the squares opposite the names of the other candidates of that party;
then:
(c) preferences shall be allocated in accordance with the general sequence of numbers indicated; and
(d) preferences in relation to a candidate or candidates whose square is, or squares are, unmarked shall be allocated in the order in which the names of that candidate or those candidates appear on the ballot-paper.
“(7) Where a formal ballot-paper has the same number in 2 or more squares opposite the names of candidates of a particular continuing party there shall be no allocation of preferences to those candidates, nor any further allocation of preferences.
“(8) For the purposes of this section, a preference mark shall be taken to be the number 1.”.
Omit the section.
Omit “Senate”, substitute “general”.
Omit “or 227 (10)”.
Omit all words after “ballot-papers” (first occurring).
Omit the paragraph, substitute the following paragraphs:
“(c) count:
(i) the first preference votes received by each party; and
(ii) the first preference votes received by each independent candidate;
(ca) arrange the unrejected ballot-papers under the names of the parties and independent candidates by placing in a separate parcel all those on which a first preference vote has been given for the same party or independent candidate.”.
Omit “votes given for each candidate”, substitute “ votes received by each party and each independent candidate”.
Omit the subparagraph, substitute the following subparagraph: “(i) the number of first preference votes received by each party and each independent candidate; and”.
Omit the paragraphs, substitute the following paragraphs:
“(c) count:
(i) the first preference votes received by each party by votes indicated above the ballot-line;
(ii) the first preference votes received by each candidate of a party; and
(iii) the first preference votes received by each independent candidate;
(d) transmit the following information to the Australian Capital Territory Electoral Officer:
(i) the total number of first preference votes received by each political party;
(ii) the total number of first preference votes received by each political party by votes indicated above the ballot-line;
(iii) the total number of first preference votes received by each candidate of a party;
(iv) the total number of first preference votes received by each independent candidate; and
(v) the total number of ballot-papers rejected as informal;
(da) arrange the unrejected ballot-papers scrutinised:
(i) under the name of each party by placing in a separate parcel all the ballot-papers that indicated a voter’s preference for the candidates of the party in the same order as the order of their names on the ballot-papers;
(ii) under the name of each party by placing in a separate parcel all the ballot-papers on which a first preference vote was given for the party otherwise than in a way referred to in subparagraph (i); and
(iii) under the name of each independent candidate by placing in a separate parcel all the ballot-papers on which a first preference vote was given for the candidate;”.
Omit all words after “parcels” and before “, by telegram”, substitute “referred to in paragraph (da) to the Australian Capital Territory Electoral Officer”.
Omit the subsections, substitute the following subsections:
“(6) The Australian Capital Territory Electoral Officer shall cause everything necessary to be done for the purpose of:
(a) the exclusion of parties and independent candidates under section 19 of the Territory Electoral Act;
(b) the provisional distribution of seats required by subsection 20 (1) of that Act;
(c) the distribution of votes required by subsection 20 (4) of that Act, being a distribution in accordance with this section;
(d) ascertaining, and, if necessary, parcelling, the ballot-papers to which section 21 of that Act applies;
(e) the transfer of votes required by section 21 of that Act;
(f) the distribution of seats required by subsection 22 (1) of that Act; and
(g) the distribution of votes required by subsection 22 (4) of that Act, being a distribution in accordance with this section.
“(7) Where, for the purposes of this section:
(a) the number of votes received by any party or candidate is required to be ascertained; or
(b) a quota or transfer value is required to be determined;
the Australian Capital Territory Electoral Officer shall ascertain the number, determine the quota or determine the transfer value, as the case may be.
“(8) For the purposes of the succeeding subsections a candidate of a party shall be taken to have received a first preference vote if he or she receives a higher preference than any other candidate of that party.
“(8a) In the succeeding subsections:
‘elect’, in relation to a count for the purposes of subsection 20 (4) of the Territory Electoral Act, means provisionally elect.
“(8b) A quota shall be determined for each party.
“(8c) A quota for a party shall be determined by dividing:
(a) in the case of a distribution for the purposes of subsection 20 (4) of the Territory Electoral Act—the base number of that party as increased under subsections 19 (4) and (5) of that Act; or
(b) in the case of a distribution for the purposes of subsection 22 (4) of that Act—the base number of that party as increased under those subsections and adjusted under subsection 21 (5) of that Act;
by a number equal to the sum of one and the number of seats won by that party and by increasing the result of that division (disregarding any remainder) by 1.
“(8d) Any candidate of a particular party who has received a number of first preference votes (being, in the case of a distribution for the purposes of subsection 22 (4) of the Territory Electoral Act, that number as adjusted by the operation of section 21 of that Act) equal to or greater than the quota for his or her party shall be elected.”.
(a) After “vacancies” insert “for seats won by a particular party”.
(b) After “quota” insert “for the party”.
(c) After “candidate” (first occurring) insert “of the party”.
(d) After “candidates” insert “of the party”.
(a) Omit “be elected”, substitute “fill the vacancies for seats won by the party”.
(b) After “candidate” (second occurring) insert “of the party”.
After “votes” (first occurring) insert “for his or her party”.
After “vacancies” insert “for seats won by the party”.
(a) After “candidates” (first occurring) insert “of a particular party”.
(b) Omit “Electoral Officer for the State”, substitute “Capital Territory Electoral Officer”.
(a) After “candidates” (first occurring) insert “of the party”.
(b) After “vacancies” insert “for seats won by the party”.
After “Australian” insert “Capital Territory”.
Omit
“and the
Omit “Senate”, substitute “general”.
Omit “Electoral Officer for the State”, substitute “Capital Territory Electoral Officer”.
Omit “Electoral Officer for the State”, substitute “Capital Territory Electoral Officer”.
After the definition of “adjusted notional vote” insert the following definition:
“ ‘base number’ has the same meaning as in subsection 19 (1) of the Territory Electoral Act.”.
(a) Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”.
(b) After “candidate” insert “of the party”.
After “candidate” (third occurring) insert “of his or her party”.
Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”.
Omit the definition.
(a) Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”.
(b) After “candidate” (first occurring) insert “of the party”.
Omit “Electoral Officer for the State”, substitute “Capital Territory Electoral Officer”.
Omit the section.
(a) Omit all words after “Where” and before “is satisfied”, substitute “the Australian Capital Territory Electoral Officer”.
(b) Omit paragraph (a).
(c) Omit “Australian Electoral Officer, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election,”, substitute “Australian Capital Territory Electoral Officer”.
Omit the sections.
(a) Omit “Senate”, substitute “general”.
(b) After “Australian” (wherever occurring) insert “Capital Territory”.
(c) After “candidate” insert “or the secretary of a registered party whose candidates have contested the election”.
(a) After “Australian” insert “Capital Territory”.
(b) After “candidate” insert “or secretary of a registered party whose candidates have contested the election”.
Omit the section.
After “Australian” (wherever occurring) insert “Capital Territory”.
Omit the section.
Omit the heading, substitute the following heading:
Omit “elections for the Senate, the Australian”, substitute “a general election, the Australian Capital Territory”.
Omit the paragraph, substitute the following paragraph:
“(b) by instrument notify:
(i) in the case of the first general election—the Commonwealth Minister; or
(ii) in the case of other elections—the Presiding Officer; of the names of the candidates elected.”.
Omit the section.
Omit “writ,”.
(a) Omit “the person causing the writ to be issued”, substitute “the Electoral Commission”.
(b) Omit “, or for holding the election in a specified Division, or for returning the writ,”.
(c) Omit “and any date provided for in lieu of a date fixed by the writ shall be deemed to be the date so fixed”.
(d) Omit “State, Territory or Division for which the election is to be held”, substitute “Territory”.
Omit the definitions, substitute the following definitions:
“ ‘division’, in relation to a political party, includes a branch of the party;
‘election’ means an election of a member of the Assembly at a general election;
‘election period’, in relation to an election, means the period commencing 36 days before polling day for the election and ending at the expiration of that day;
‘registered’, in relation to an election, means registered under section 13 of the Territory Electoral Act before the pre-election period for the election;”.
(a) Omit “to a State branch of a political party”.
(b) Omit “of a State branch”.
(c) Omit “branch”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch, as the case may be”.
(a) Omit “a State branch of a political party”.
(b) Omit “State branch of a”.
(c) Omit “branch” (wherever occurring).
Omit “or group”.
Omit the subsection.
(a) Omit “or (2)”.
(b) Omit “or of a State branch of a political party”.
(c) Omit “or branch” (wherever occurring).
Omit “(including a member of a group)”.
Omit the subsection.
Omit the subsection.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch”.
Omit “, or each member of the group,”.
Omit “, of a State branch of a political party, of a candidate or of a group”, substitute “or of a candidate”.
(a) Omit “, a State branch of a political party, a candidate or the members of a group”, substitute “or a candidate”.
(b) Omit “, branch, candidate or group”, substitute “or candidate”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch”.
Omit “, or each member of the group,”.
Omit the section, substitute the following section:
“292. If an agent of a political party or a candidate dies or resigns, the party or candidate, as the case may be, shall forthwith give notice in writing to the Electoral Commission of the death or resignation of the agent.”.
(a) Omit “Senate”, substitute “general”.
(b) Omit “a member of a group” (wherever occurring), substitute “nominated by a registered party”.
(c) Omit “group”, substitute “party”.
(a) Omit “(not being a member of a group)”.
(b) Omit all words after “incurred by” (last occurring), substitute “that party”.
Omit the paragraph.
(a) Omit “State branch of a”.
(b) Omit “State branch”, substitute “party”.
Omit the subsection.
Omit the subsections, substitute the following subsection:
“(1) Subject to this Division, there is payable in respect of each first preference vote that, for the purposes of subsection 19 (1) of the Territory Electoral Act, is taken to have been received by a registered party, and for each first preference vote that, for those purposes, is taken to have been received by an independent candidate, the amount of 50c”.
Omit “first preference”.
Omit the subsection, substitute the following subsection:
“(2) A claim for payment under this Division in respect of the eligible votes given for a registered party may be made only by the agent of that party.”.
Omit the subsections.
(a) Omit “State branch of a”.
(b) Omit “or elections”.
(c) Omit “branch”, substitute “party”.
(d) Add “and”.
Omit “and”.
Omit the subparagraph.
Omit “or elections”.
(a) Omit “a candidate”, substitute “an independent candidate”.
(b) Omit “in favour of all of the candidates”.
(a) Omit “group” (wherever occurring), substitute “registered party”.
(b) Omit “in favour of all of the candidates”.
(a) Omit “State branch of a”.
(b) Omit “and relates to one election”.
(c) Omit “branch”, substitute “party”.
(d) Add “or”.
Omit the paragraph.
Omit “or” (last occurring).
Omit the paragraph.
(a) Omit “or elections for a candidate or candidates endorsed by”, substitute “for”.
(b) Omit all words after “agent of”, substitute “that party”.
Omit the subsections.
Omit “not endorsed in the election by a registered political party”, substitute “an independent candidate in the election”.
Omit the section.
Omit the definitions, substitute the following definition:
“ ‘election’ means a general election.”.
Omit the subsections.
(a) Omit “State branch of a”.
(b) Omit “State branch”, substitute “party”.
(a) Omit “The”, substitute “Subject to subsection (1a), the”.
(b) Omit “and the agent of each State branch of each political party”.
(c) Omit “or branch, as the case may be,”.
Insert the following subsection:
“(1a) In relation to the first election, the agent of each political party shall, before the end of 20 weeks after the polling day in the first election, give to the Electoral Commission a return, in an approved form, setting out the total amount or value of all gifts, the number of gifts, and the relevant
details of each gift, received by the party, during the period that commenced on the commencement of section 66 of the Self-Government Act and ended on the polling day in the first election.”.
(a) Omit “(including a member of a group)”.
(b) Omit “or by-election”.
(a) Omit “a general election or a by-election the polling day in which occurred not more than 4 years before the polling day in”, substitute “the general election immediately preceding”.
(b) Omit “or in a Senate election the polling day in which occurred not more than 7 years before the polling day in the current election.”.
(c) Omit “nominated”, substitute “was nominated by a registered party”.
Omit “election or by-election in which he was most recently a candidate”, substitute “general election preceding the current election”.
Omit the subsection.
(a) Omit “(1), (2) and (3)”, substitute “(1) and (2)”.
(b) Omit “, of a State branch of a political party”.
(c) Omit “or group”.
(d) Omit “(1), (2) or (3)”, substitute “(1) or (2)”.
Omit “or a State branch of a political party”.
(a) Omit “or branch” (wherever occurring).
(b) Omit “or a by-election”.
(a) Omit “(including a member of a group)”.
(b) Omit “or” (last occurring).
Omit “or a by-election”.
Omit the paragraph.
(a) Omit “or paragraph (5) (c)”.
(b) Omit “(1), (2) or (3)”, substitute “(1) or (2)”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or to that State branch, as the case may be”.
(c) Add “or”.
(a) Omit “(including a member of a group)”.
(b) Omit “or” (last occurring).
Omit the paragraph.
Omit “or of a State branch of a political party”.
(a) Omit “or a branch”.
(b) Omit “, a candidate or a member of a group”, substitute “or a candidate”.
Omit the subsection, substitute the following subsection:
“(1a) For the purposes of this section, the disclosure period in relation to an election is the period that:
(a) in the case of the first election—commenced on the commencement of section 66 of the Self-Government Act and ends on the polling day in the first election; or
(b) in any other case—commenced on the day after the polling day in the immediately preceding election and ends on the polling day in the first-mentioned election.”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch”.
(c) Omit “or by-election”.
Omit “or a group”.
(a) Omit “or a State branch of a political party” (wherever occurring).
(b) Omit “or branch”.
(a) Omit “or branch”.
(b) Omit “or a by-election”.
(a) Omit “or a member of a group”.
(b) Omit “or group”.
(c) Omit “or the group, as the case may be,”.
Omit “and”.
Omit the paragraph.
Omit “, a State branch of a political party, a candidate or a group”, substitute “or a candidate”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or a by-election”.
(c) Omit “or by-election”.
Omit “Where”, substitute “Subject to subsection (5a), where”.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch, as the case may be” (wherever occurring).
(a) Omit “or a member of the group”.
(b) Omit “or of the group”.
Add the following subsection:
“(5a) For the purposes of the second and subsequent general elections, the references in subsection (5) to the Commonwealth shall be taken to be references to the Territory.”.
Omit the subsection.
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch” (wherever occurring).
(a) Omit “State branch of a”.
(b) Omit “State branch”, substitute “party”.
(a) Omit “, a State branch of a political party,” (first occurring), substitute “or”.
(b) Omit “State branch of a”.
(a) Omit “, a State branch of a political party,” (first occurring), substitute “or”.
(b) Omit “State branch of a” (second occurring).
(a) Omit “or a State branch of a political party”.
(b) Omit “or branch”.
Omit “(not being a member of a group)”.
Omit the subsection.
(a) Omit “, a State branch of a political party,”, substitute “or”.
(b) Omit “or a member of a group”.
(a) Omit “or the members of a particular group”.
(b) Omit “or group”.
(c) Omit “or the members of the group”.
Omit the section.
Omit “or of a State branch of a political party” (wherever occurring).
Omit “or by the agent of any State branch of the political party”.
Omit the subsection.
Omit “, in the capital city of each State and in Darwin”.
Omit “1 July 1984”, substitute “1 January 1989”.
Omit “on the issue of the writ for the election”, substitute “36 days before the polling day for that election”.
Omit “, a group of candidates”.
Omit “to the Senate whose names are included in a group in accordance with section 168”, substitute “by a registered party”.
Omit “, a group of candidates”.
Omit “for election to the Senate whose names are included in a group in accordance with section 168”, substitute “nominated for election by a registered party”.
Omit “the writ for that election has not been issued”, substitute “the pre-election period for that election has not commenced”.
After “form” insert “and a form approved by the Electoral Commission”.
After “candidate” insert “or registered party”.
After “form” insert “and a form approved by the Electoral Commission”.
Omit the subsection, substitute the following subsection:
“(2) This section applies to any lawful public political meeting held in relation to any general election after the commencement of the pre-election period and before the declaration of the result of the election.”.
Omit “or of the police force of a State or Territory”.
Omit “or of the police force of a State or Territory”.
Omit all words after “it is” and before “that person” (last occurring), substitute:
“(a) in relation to an independent candidate—without the written authority of the candidate (proof whereof shall lie upon that person):
(i) claimed or suggested that the candidate is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or
(ii) expressly or impliedly advocated or suggested that the candidate is the candidate for whom the vote should be given; or
(b) in relation to a candidate of a registered party—without the written authority of the secretary of the party (proof whereof shall lie upon that person):
(i) claimed or suggested that the candidate is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or
(ii) expressly or impliedly advocated or suggested that the candidate is the candidate, or the registered party is the registered party, for whom the vote should be given;”.
After “candidate” insert “or secretary of a registered party, as the case requires,”.
Insert the following definition:
“ ‘Supreme Court’ means the Supreme Court of the Australian Capital Territory;”.
(a) Omit all words after “the place of (first occurring) and before “shall be deemed”, substitute “a member by the Assembly under section 68 of the Self-Government Act”.
(b) Omit “or appointment”.
Omit the subsections.
Omit the section, substitute the following section:
“354. (1) The Supreme Court shall be the Court of Disputed Returns, and shall have jurisdiction to try the petition.
“(2) The jurisdiction of the Supreme Court to sit as a court of disputed returns shall be exercised by a single Judge.”.
Omit all words after “thereat”.
(a) Omit “High”, substitute “Supreme”.
(b) Omit “return of the writ”, substitute “declaration of the result of the election”.
(c) Omit “or the appointment of a person to hold the place of a Senator under section 15 of the Constitution”, substitute “of a member by the Assembly under section 68 of the Self-Government Act”.
(d) Omit “or appointment”.
Omit “High” (wherever occurring), substitute “Supreme”.
Omit “the Commonwealth”, substitute:
“(a) in relation to the first general election—the Commonwealth; or
(b) in relation to a subsequent election—the Territory;”.
Omit “an Australian”, substitute “the Australian Capital Territory”.
(a) Omit “High”, substitute “Supreme”.
(b) Omit “to the Minister”, substitute:
“to:
(a) in the case of a practice relating to the first general election—the Commonwealth Minister; or
(b) in any other case—a person authorised by the Assembly to receive documents under this Part.”.
Omit “return of the writ”, substitute “declaration of the result of the election”.
Omit the paragraph.
(a) Omit “so printed” (wherever occurring), substitute “printed on a ballot-paper, or ballot-papers,”.
(b) Add at the end “or”.
Omit the paragraph.
Omit “or 214”.
Omit the section, substitute the following section:
“369. The Registrar of the Supreme Court shall forthwith after the filing of the petition forward to:
(a) in the case of a petition relating to the first general election—the Commonwealth Minister; or
(b) in any other case—a person authorised by the Assembly to receive documents under this Part;
a copy of the petition, and after the trial of the petition shall forthwith forward to the person to whom the copy of the petition was sent a copy of the order of the Court.”.
Omit “High Court of Australia” (wherever occurring), substitute “Supreme Court”.
Omit “Senator or Member of the House of Representatives”, substitute “member”.
Omit “Justices of the High Court or a majority”, substitute “Judges of the Supreme Court or 2”.
(a) Omit “Senator or of a Member of the House of Representatives”, substitute “a member”.
(b) Omit “either House of the Parliament”, substitute “the Assembly”.
(c) Omit “House in which the question arises”, substitute “Assembly”.
(a) Omit “President if the question arises in the Senate, or the Speaker if the question arises in the House of Representatives,”, substitute “Presiding Officer”.
(b) Omit “House in which the question arises”, substitute “Assembly”.
Omit “Senator or a Member of the House of Representatives” (wherever occurring), substitute “member of the Assembly”.
Omit “Senate or in the House of Representatives”, substitute “Assembly”.
Omit the section, substitute the following section:
“380. After the hearing and determination of any reference under this Part, the Registrar of the Supreme Court shall forthwith forward to a person authorised by the Assembly to receive documents under this Part a copy of the order or declaration of the Court of Disputed Returns.”.
(a) Omit “or any other law of the Commonwealth” (wherever occurring), substitute “, any other law of the Commonwealth or any enactment”.
(b) Omit “a prescribed court” (wherever occurring), substitute “the Supreme Court”.
Omit “A prescribed court”, substitute “The Supreme Court”.
Omit the subsection.
Omit the subsection.
Omit “, Australian Electoral Officer, or Divisional Returning Officer”, substitute “or Australian Capital Territory Returning Officer”.
Omit “either House of the Parliament”, substitute “the Assembly”.
Omit the section.
Omit “forms in the Schedule”, substitute “prescribed forms and the forms approved by the Electoral Commission”.
Omit the subsections.
Omit the sections.
EXAMPLE OF DISTRIBUTION OF SEATS AMONG PARTIES AND INDEPENDENT CANDIDATES
(17 seats to be distributed)
Party | Party | Party | Independent | Independent | ||||||
A | B | C | X | Y | ||||||
Base nos. of votes cast | 12,000 | 8,000 | 5,000 | 2,800 | 2,200 | |||||
1st rank: base nos. divided by 1 | 12,000 | 1st seat | 8,000 | 2nd seat | 5,000 | 4th seat | 2,800 | 8th seat | 2,200 | 12th seat |
2nd rank: base nos. divided by 2 | 6,000 | 3rd seat | 4,000 | 5th seat | 2,500 | 10th seat | 1,400 | (see note below) | 1,100 | |
3rd rank: base nos. divided by 3 | 4,000 | 6th seat | 2,666 | 9th seat | 1,666 | 16th seat | 933 | (see note below) | 733 | |
4th rank: base nos. divided by 4 | 3,000 | 7th seat | 2,000 | 13th seat | 1,250 | 700 | 550 | |||
5th rank: base nos. divided by 5 | 2,400 | 11th seat | 1,600 | 17th seat | 1,000 | 560 | 444 | |||
6th rank: base nos. divided by 6 | 2,000 | 14th seat | 1,333 | 833 | 466 | 366 | ||||
7th rank: base nos. divided by 7 | 1,714 | 15th seat | 1,142 | 714 | 400 | 314 | ||||
7 seats | 5 seats | 3 seats | 1 seat | 1 seat | ||||||
Note—Independent X can only receive 1 seat, so the quotients on the 2nd and 3rd rank are disregarded.
[
House of Representatives on 19 October 1988
Senate on 7 November 1988
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