Elections Amendment Act 1991 (Qld)

187 ELECTIONS AMENDMEN T ACT ANALY SIS OF CONTENTS 1. Short title 2. Citation 3. Commencement 4. Repeal of s. 6 and substitution of sections 6. Electoral Commissioner 6A. Powers and functions of Electoral Commissioner 6B. References to principal electoral officer 6C. Appointment of Electoral Commissioner 6D. Terms and conditions of appointment 6E. Leave of absence 6F. Resignation 6G. Termination of appointment 6H. Acting Electoral Commissioner 61. Delegations by Electoral Commissioner 6J. Staff of Electoral Commissioner 5. Repeal of and new Part IV PART IV-VOTING AND ENROLMENT ENTITLEMENTS 21. Persons entitled to vote 22. Persons entitled to enrolment 6. Right to transfer 7. Repeal of and new section 29A 29A. Arrangement with Commonwealth for keeping rolls ANNO QUADRAGESIMO EL,IZA ETTIAE SECUNDAE REGINAE No. 10 of 1991 An Act to amend the Elections Act 1983-1990 [ASSENTED TO 15TH APRIL, 1991]

188 Elections Amendment Act 1991, No. 10 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Elections Amendment Act 1991. 2. Citation . (1) In this Act, the Elections Act 1983-1990 is referred to as the Principal Act. (2) The Principal Act, as amended by this Act, may be cited as the Elections Act 1983-1991. 3. Commencement . (1) Sections 1, 2 and 3 commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The remaining provisions of this Act commence on a day or days fixed by Proclamation. 4. Repeal of s.6 and substitution of sections . The Principal Act is amended by repealing section 6 and substituting the following sections:- "6. Electoral Commissioner . There is to be an Electoral Commissioner. 6A. Powers and functions of Electoral Commissioner. (1) The Electoral Commissioner has- (a) the functions and powers conferred on the Electoral Commissioner by or under this Act or any other Act; and (b) without limiting section 6B, the functions and powers that the principal electoral officer had immediately before the commencement of this section. (2) The Electoral Commissioner may give written directions, not inconsistent with this Act, to electoral registrars, the chief returning officer, returning officers, presiding officers, poll clerks, and persons appointed to assist returning officers and electoral registrars, with respect to the performance of their functions, and the exercise of the powers, under this or any other Act. 6B. References to principal electoral officer . A reference in this Act or any other Act to the principal electoral officer is taken to be a reference to the Electoral Commissioner. 6C. Appointment of Electoral Commissioner . (1) The Electoral Commissioner is to be appointed by the Governor in Council. (2) Subject to this Act, the Electoral Commissioner holds office for such term (not exceeding 7 years) as is specified in the instrument of appointment, but is eligible for re-appointment. (3) A person who has attained the age of 65 years is not qualified to be appointed, or to continue, as Electoral Commissioner.

Elections Amendment Act 1991, No. 10 189 (4) The Public Service Management and Employment Act 1988-1990 does not apply to the appointment of the Electoral Commissioner. (5) The appointment of a person as Electoral Commissioner is not invalid merely because of a defect or irregularity in relation to the appointment. 6D. Terms and conditions of appointment . (1) The Electoral Commissioner is to be paid such remuneration and allowances as are determined by the Governor in Council. (2 ) If an officer of the public service within the meaning of the Public Service Management and Employment Act 1988-1990 is appointed as the Electoral Commissioner, the person retains- (a) any long service leave and other leave entitlements accrued or accruing; and (b) any other rights and entitlements accrued or accruing under that Act and any other Act prescribed for the purposes of this paragraph; as if the person's service as Electoral Commissioner were a continuation of the person's service as an officer of the public service. (3) The Electoral Commissioner holds office on such terms and conditions not provided for by this Act as are determined by the Governor in Council. 6E. Leave of absence. The Minister may grant leave of absence to the Electoral Commissioner on such terms and conditions as the Minister considers appropriate. 6F. Resignation . The Electoral Commissioner may resign by writing signed and delivered to the Governor. 6G. Termination of appointment . (1) The Governor in Council may terminate the appointment of the Electoral Commissioner for misbehaviour or physical or mental incapacity. (2) If the Electoral Commissioner- (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (b) is absent, without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months; or (c) engages in paid employment outside the duties of office without the Minister's approval; the Governor in Council is to terminate the Electoral Com- missioner's appointment.

190 Elections Amendment Act 1991, No. 10 6H. Acting Electoral Commissioner . (1) The Governor in Council may appoint a person to act as Electoral Commissioner- (a) during a vacancy in the office; or (b) during any period, or during all periods, when the Electoral Commissioner is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The Governor in Council may- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) A person appointed to act under subsection (1) (a) must not continue to act for more than a year. (5) If a person is acting under subsection (1) (b) and the office becomes vacant, then, subject to subsection (2), the person may continue to act until- (a) the Governor in Council otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day on which the person started to act; whichever happens first. (6) An appointment of a person under subsection ( 1) ceases to have effect if the person resigns by writing signed and delivered to the Governor. (7) While a person is acting as Electoral Commissioner- (a) the person has and may exercise all the powers, and is to perform all the functions and duties, of the Electoral Commissioner; and (b) this Act and any other Act applies to the person as if the person were the Electoral Commissioner. (8) Anything done by or in relation to a person purporting to act as Electoral Commissioner is not invalid merely because- (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment;

Elections Amendment Act 1991, No. 10 191 or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 61. Delegations by Electoral Commissioner . (1) The Electoral Commissioner may, in writing, delegate all or any of the Electoral Commissioner's powers to a member of the Electoral Commissioner's staff or a person holding an office under this Act. (2) The delegation may be made either generally or as otherwise provided by the instrument of delegation. (3) The powers that may be delegated do not include the power to delegate. (4) The delegate is, in the exercise of a delegated power, subject to the directions of the Electoral Commissioner. (5) A power exercised by the delegate is taken to have been exercised by the Electoral Commissioner. (6) A delegation by the Electoral Commissioner does not prevent the exercise of the power by the Electoral Commissioner. 6J. Staff of Electoral Commissioner . (1) The staff of the Electoral Commissioner are to be appointed under the PublicService Management and Employment Act 1988-1990. (2) The Electoral Commissioner has all the powers and responsibilities of the chief executive of a department, so far as the powers and responsibilities relate to the organisational unit comprising the Electoral Commissioner's staff, as if- (a) that unit were a department within the meaning of the Public Service Management and Employment Act1988-1990; and (b) the Electoral Commissioner were the chief executive of that department.". 5. Repeal of and new Part IV. The Principal Act is amended by repealing Part IV and substituting the following Part: "PART IV-VOTING AND ENROLMENT ENTITLEMENTS "21. Persons entitled to vote. (1) A person who is, under the Commonwealth Electoral Act 1918 of the Commonwealth, entitled to vote at an election in Queensland of members of the House of Representatives is also entitled to vote at an election of members of the Legislative Assembly. (2) Any other person who was, immediately before the commencement of this section, entitled to vote at an election of

192 Elections Amendment Act 1991, No. 10 members of the Legislative Assembly continues to be entitled to vote at such an election while the person lives in a district. 22. Persons entitled to enrolment . (1) A person who- (a) has lived in a district for a continuous period of one month; and (b) is entitled to be enrolled under the CommonwealthElectoral Act 1918 of the Commonwealth; is also entitled to be enrolled for the district. (2) Any other person who is entitled to vote at an election of members of the Legislative Assembly is entitled to be enrolled for the district in which the person lives. (3) A member of the Legislative Assembly is entitled, if the member wishes, to be enrolled for the district that the member represents instead of the district in which the member lives.". 6. Right to transfer . Section 28 of the Principal Act is amended, in subsection (1), by omitting the words "three months" and substituting the words "one month". 7. Repeal of and new section 29A. The Principal Act is amended by repealing section 29A and substituting the following section:- "29A. Arrangement with Commonwealth for keeping rolls. (1) The Governor may arrange with the Governor-General of the Commonwealth for, or for the carrying out of any procedure relating to, the preparation, alteration or revision of the rolls, in any manner (whether or not consistent with this Part or Part III), jointly by the State and the Commonwealth, whether for the purpose of the rolls being used as electoral rolls for State or Commonwealth elections or for any other purpose. (2) When an arrangement under subsection (1) has been made, the rolls may contain for the purposes of Commonwealth elections- (a) the names and descriptions of persons who are not entitled to be enrolled for State elections if it is clearly indicated that the persons are not enrolled as electors for State elections; and (b) distinguishing marks against the names of persons enrolled as electors, to show that the persons are or are not also enrolled as Commonwealth electors; and (c) any other particulars in addition to the prescribed particulars; and for the purposes of this Act, the names, descriptions, marks and particulars are taken not to be part of the roll.

Elections Amendment Act 1991, No. 10 193 (3) The regulations may mode a provision of this Part or Part III for the purpose of giving a ect to an arrangement under subsection (1). (4) Any regulations made for the purposes of subsection (3) expire one year from the commencement of section 1 of the Elections Amendment Act 1991.". Minister's Second Reading Speech made on 14 March 1991.