Constitutional Convention (Election) Act 1997

Legislation au C2004A05221 Not in force Act

Legislation content

 

 

 

 

Constitutional Convention (Election) Act 1997

 

No. 128, 1997

 

 

 

 

 

 

 

 

 

 

 

Constitutional Convention (Election) Act 1997

 

No. 128, 1997

 

 

 

 

An Act to provide for the election of delegates to the Constitutional Convention, and for related purposes

 

 

 

Contents

Part 1—Preliminary 2

1 Short title..................................2

2 Commencement..............................2

3 Act extends to Norfolk Island......................2

4 Act to bind Crown.............................2

5 Identifying defined terms.........................2

Part 2—Overview of election process 4

Division 1—General 4

6 Purpose of Act...............................4

7 Number of delegates to be elected from each State and Territory..4

8 Who can vote................................4

9 List of electors...............................5

10 One vote...................................5

11 Voting is voluntary.............................6

12 Voluntary voting not a precedent for any Parliamentary election or referendum              6

13 Electoral Commission to run election..................6

Division 2—Timetable for elections 7

14 Minister to fix timetable for elections..................7

15 Date for close of Rolls...........................7

16 Date of nomination.............................7

17 Date of notice of results..........................8

18 Electoral Commissioner to advertise election.............8

Division 3—Administration 9

19 AEO for the Australian Capital Territory................9

20 Electoral Commissioner may direct officers.............10

21 Divisional Returning Officers......................10

22 Employment of temporary staff.....................10

Part 3—The nominations 11

Division 1—Nominations 11

23 Candidate must nominate in order to be elected...........11

24 Qualifications for election and nomination..............11

25 Persons not entitled to nominate....................11

26 Multiple nominations prohibited....................12

27 Mode of nomination...........................12

28 To whom nominations made......................13

Division 2—Requests for group and candidate names 14

29 Grouping of candidates in list of candidates.............14

30 Notification of group name.......................14

31 Notification of candidate name.....................15

32 Requests involving certain names to be refused...........15

33 Combined request and nomination...................16

34 Combined requests............................16

Division 3—Candidate statements 17

35 Group and candidate statements....................17

36 Requirements for statements......................17

37 Alteration of statements after submission...............18

38 Printing of statements..........................19

39 Electoral Commission not to be liable.................19

Division 4—Formal requirements of nomination etc. 20

40 Requisites for nomination........................20

41 Form of consent to act..........................21

42 Rejection of nominations and requests.................21

43 Place of nomination...........................22

44 Hour of nomination............................22

45 Declaration of nominations.......................22

46 Withdrawal of nomination........................22

47 Return of fee in case of candidate’s death...............23

48 Proceedings on nomination day.....................23

49 Death of candidate after nomination..................23

50 Failure of election............................24

Part 4—Preparation for the polling 25

Division 1—The poll 25

51 Arrangements for polling........................25

52 Participation by candidates in conduct of election..........25

Division 2—Ballot‑paper and list of candidates 25

53 Ballot‑papers..........................25

54 Official mark...............................25

55 Printing of list of…

Overview

The Constitutional Convention (Election) Act 1997 was enacted by the Parliament of Australia to provide a legal framework for the election of delegates to the Constitutional Convention. This legislation was necessitated by the need to establish a structured and fair process for selecting representatives who would participate in discussions and decisions regarding potential changes to the Australian Constitution. The Act details the entire electoral process, from the establishment of the electoral rolls and the nomination of candidates to the conduct of the elections, scrutiny of votes, and resolution of disputes. A key policy objective of the Act is to ensure that the election process is conducted in a manner that upholds the integrity and fairness of the democratic process, while also accommodating the unique circumstances of electors in remote locations, such as Antarctica. The Act empowers the Electoral Commission to manage the elections, and it includes provisions to address potential electoral offences and disputes, ensuring that the elections are free from undue influence, corruption, and other illegal practices. The Act also sets out the consequences for electoral irregularities and provides mechanisms for the resolution of disputes through the Federal Court.

Scope and Application

The Constitutional Convention (Election) Act 1997 applies to the Commonwealth of Australia, including Norfolk Island, and governs the election of delegates to the Constitutional Convention. The Act applies to individuals who are Australian citizens, at least 18 years of age, and are eligible to vote in the election for a State or Territory. The Act provides for the nomination of candidates, the conduct of elections, the scrutinising of votes, and the handling of disputes and electoral offences. The Minister is responsible for fixing the timetable for elections, including the dates for the close of Rolls, nominations, and notification of election results. The Electoral Commission, in accordance with the Act and regulations, conducts the elections. The Act details the process for nominations, including qualifications, disqualifications, and formal requirements. It also outlines the procedure for voting, scrutinising, and counting votes, with special provisions for Antarctic electors. The Act delineates various electoral offences, such as influencing votes, bribery, and misuse of electoral papers. Furthermore, it provides mechanisms for disputing elections and returns, including the requisites of petitions and the powers of the Court in handling such disputes. The Act allows for extensions of time for holding elections or acts by officers, and provides for the delegation of powers by the Electoral Commission and the Electoral Commissioner. The Act is repealed two years after its commencement unless repealed earlier. The scope and application of the Act are further defined and regulated by subordinate instruments and regulations, which may prescribe penalties for contraventions of the Act or its regulations.

Key Provisions

  • The Constitutional Convention (Election) Act 1997 (Act) sets out the framework for the election of delegates to the Constitutional Convention. The Act provides for the number of delegates to be elected from each State and Territory (section 7), the eligibility of voters (section 9), and the process for nominations (sections 23 to 50). Under this Act, the Electoral Commission is responsible for conducting the elections, including compiling the list of electors (section 9), managing the nomination process (sections 23 to 50), and overseeing the voting process (Part 5). The Act also establishes the roles and responsibilities of various officers involved in the election process, such as the Australian Electoral Officers (AEO) and Divisional Returning Officers (DRO) (sections 19 to 22). Furthermore, the Act includes provisions for the scrutiny of votes (Part 7), the declaration of election results (Part 8), and the filling of casual vacancies (Part 9).
  • The Act imposes several obligations on the parties involved in the election process. For instance, candidates must meet certain qualifications, such as being Australian citizens and having turned 18 years of age (section 24). The Electoral Commission is required to compile the list of electors and make necessary arrangements for polling (sections 9 and 51). Officers and scrutineers must adhere to strict secrecy and impartiality requirements (sections 122 to 124). Furthermore, the Act sets out detailed procedures for the nomination process, including the submission of nomination papers and the payment of nomination fees (sections 40 and 41). The Electoral Commissioner must also advertise the election and provide voting material to eligible electors (sections 18 and 63).
  • The Act outlines various offences and penalties for breaches of its provisions. Officers and scrutineers who divulge or communicate information likely to identify a voter are subject to a penalty of imprisonment for six months (section 122). Similarly, individuals who unlawfully mark a ballot-paper or interfere with an elector in relation to the marking of a ballot-paper face imprisonment for six months (sections 131 and 132). Other offences, such as forging electoral papers or making false statements in relation to Rolls or lists of electors, are punishable by imprisonment for up to six months (sections 130 and 141). More serious offences, such as bribery, carry a maximum penalty of imprisonment for two years (section 139). Additionally, the Court has the power to award costs against unsuccessful parties in proceedings related to disputed elections or returns (section 166).
  • The Act also includes provisions for the resolution of disputes and the protection of electoral integrity. The validity of an election or return may be disputed by petition addressed to the Court (section 148). The Court may exercise its powers to declare a person not duly elected, declare an election void, or order a recount of votes (section 157). The Act further establishes that immaterial errors or omissions by officers do not vitiate an election, unless the Court determines that the result of the election was likely to be affected (section 162). In cases of bribery or corruption, the Court must declare the election of the successful candidate void (section 165). Furthermore, the Court has the power to grant injunctions to prevent or compel certain conduct in relation to elections (section 177).

Legal classification tags

Area of Law
Constitutional Law
Elections Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions
Electoral Offences
Reporting & Disclosure Obligations
Enforcement Powers
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Constitutional Convention (Election) Act 1997 and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.