Electoral (Amendment) Act 1994 (ACT)

AUSTRALIAN CAPITAL TERRITORY
Electoral (Amendment) Act 1994

No. 14 of 1994

TABLE OF PROVISIONS

Section

1.Short title
2.Commencement
3.Principal Act
4.Long title
5.Preamble
6.Interpretation
7.Insertion—
4.Electoral matter

8.Substitution—
7.Functions of Electoral Commission
7A.Determination of fees

9.Insertion—
18A.Delegation

Substitution—headings
Substitution—
21.Functions and powers
21A.Delegation
Insertion—
Division 2—Staff of the Electoral Commission
27A.Staff
27B.Temporary staff and consultants
27C.Officers
Timing of redistributions
Insertion—
31A.Suspension of redistribution process—extraordinary elections
Augmented Electoral Commission
Heading to Part V
Repeal
Decisions are final
Validity not affected
References to Electoral Commissioner
References to Chief Minister
Substitution—
Part V—Electoral rolls
51.Electorate and Territory rolls
52.Contents of roll
53.Roll extracts
54.Inspection of printed roll extracts
55.Supply of printed roll extracts to MLAs etc.
56.Supply of roll extracts in electronic form to MLAs etc.
57.Approved use of roll extracts
58.Prohibited use of roll extracts
59.Provision of roll information to prescribed authorities
60.Maintenance of rolls
61.Power to require information
62.Notice of registered deaths
63.Disclosure of roll information
64.Joint roll arrangements with the Commonwealth
part VI—enrolment
65.Interpretation
66.Entitlement
67.Compulsory enrolment etc.—residents
68.Eligible overseas electors
69.Age 17 enrolment
70.Enrolment etc.
71.Suppression of elector’s address
72.Inclusion of particulars on roll following suppression
73.Suppression of elector’s address pending review
74.Closed rolls
75.Objections to enrolment
76.Record of claims for enrolment
77.Processing enrolment claims
78.Transmission of enrolment claims
79.Production of claims for enrolment before a court
80.Claims for enrolment not subject to warrants
part VII—registration of
political parties

81.Interpretation
82.Register
83.Application for registration
84.Further information
85.Publication of notice of applications
86.Registration
87.Refusal of applications
88.Variation of applications
89.Changes to Register
90.No action in pre-election period
91.Deputy registered officer
92.Cancellation of registration
93.Use of party name after cancellation of registration
Part VIII—timing of elections
94.Ordinary elections
95.Extraordinary elections
96.Polling day
Part IX—Arrangements for
elections

Division 1—Nominations
97.Eligibility—MLAs
98.Qualifications for nomination
99.Candidates to be nominated
100.Multiple nominations invalid
101.Withdrawal etc. of consent to nomination
102.Place and hour of nomination
103.Declaration of candidates
104.Rejection of nominations
105.Need for a poll
106.Death of candidate before polling day
107.Deposit—return or forfeiture
Division 2—Ballot papers
108.Ballot papers
109.Grouping of candidates’ names
110.Printing of ballot papers
111.Names on ballot papers
112.Draw for positions on ballot papers
Division 3—Miscellaneous
113.Polling places and scrutiny centres
114.Administrative arrangements
115.Certified lists of electors
116.Scrutineers—appointment
117.Scrutineers—conduct
118.Participation by candidates in conduct of election
119.Determining matters by lot
120.Supplementary elections
Part X—Voting
Division 1—General
121.Interpretation
122.Entitlement to vote
123.Compulsory voting
124.Multiple votes prohibited
125.Procedures for voting
126.Manner of recording vote
Division 2—Ordinary voting
127.Claims to vote
128.Voting in private
Division 3—Declaration voting
129.Declaration voting at polling places
130.Declaration voting before polling day etc.
131.Record of issue of declaration voting papers
132.Inspection of records
133.Receipt of declaration voting papers
134.Registered declaration voters
135.Issue of voting papers to registered declaration voters
136.Correcting formal errors
137.Soliciting applications for postal declaration votes
138.Transmission of applications for postal declaration votes
139.Interference with declaration voting
140.Soliciting completed declaration votes
141.Transmission of completed declaration votes
142.Opening envelopes containing declaration votes
Division 4—Mobile polling
143.Interpretation
144.Mobile polling—institutions
145.Functions of visiting officers
146.Failure to visit institution
147.Custody of ballot boxes and electoral papers
Division 5—Miscellaneous
148.Arrangements at polling places
149.Particulars on ballot papers before issue
150.Assistance to voters
151.Spoilt ballot papers
152.Custody of ballot boxes and electoral papers
153.Extension of time for conducting elections
154.Suspension and adjournment of polling
Division 6—Failure to vote
155.Default notice
156.First notice
157.Second notice
158.Final notice
159.Discharge of liability
160.Response on behalf of elector
Part XI—Polling in Antarctica
161.Interpretation
162.Returning officer and assistant
163.Acting Returning Officer or Assistant
164.Application of Act to polling in Antarctica
165.Antarctic electors
166.Arrangements for the polling in Antarctica
167.Conduct of the polling
168.Claims to vote
169.Proceedings at close of poll
170.Result of polling in Antarctica
171.Preservation of documents
PART XII—THE SCRUTINY
172.Scrutiny
173.Preliminary scrutiny of declaration voting papers etc.
174.Formality of ballot papers
175.Death of candidate
176.First count—ordinary ballot paper
177.First count—declaration ballot papers
178.Second count—first preferences
179.Ascertaining result of poll
180.Objections by scrutineers
181.Recount of ballot papers
182.Reservation of disputed ballot papers
183.Declaration of result of election
part XIII—casual vacancies
184.Interpretation
185.Notice of casual vacancy
186.Candidates for casual vacancy
187.Publication of candidates’ details
188.Determination of candidate to fill vacancy
189.Assembly nominees
190.Term of office of MLA declared elected under this Part
191.Dissolution or pre-election period
PART xiv—ELECTION FUNDING AND
FINANCIAL DISCLOSURE

Division 1—Preliminary
192.Interpretation
193.Related bodies corporate
194.Activities of campaign committees
195.Disclosure periods
196.Gifts—determination of amounts
Division 2—Reporting agents
197.Appointed agents
198.Non-appointed agents
199.Registers of reporting agents
Division 3—Election funding
200.Interpretation
201.Entitlement to funds
202.Threshold
203.Claims for payment
204.Claims by party reporting agents
205.Determination of claims
206.Determination of claims—payment and notice
207.Revocation of determinations
208.Death of candidate
209.Application voluntary
Division 4—Disclosure of donations
210.Interpretation
211.Disclosure of gift
212.Disclosure of gifts—non-party groups
213.Nil returns
214.Disclosure of gifts by persons incurring political

expenditure
215.Donations to parties and candidates
216.Anonymous gifts
Division 5—Disclosure of electoral
expenditure

217.Interpretation
218.Returns of electoral expenditure
219.Nil returns
220.Returns by broadcasters and publishers
221.Multiple elections on same day
Division 6—Annual returns
222.Interpretation
223.Fund-raising events
224.Annual returns
225.Periods of less than financial year
226.Amounts received
227.Amounts paid
228.Outstanding amounts
Division 7—Compliance
229.Interpretation
230.Offences
231.Investigation—notices
232.Investigation—search warrants
233.Records
Division 8—Miscellaneous
234.Inability to complete returns
235.Non-compliance with Part
236.Amendment of claims and returns
237.Inspection and supply of copies of claims and returns
part XV—review of decisions
238.Interpretation
239.Reviewable decisions
240.Review statements
241.Review by Electoral Commission
242.Notice of decision of the Electoral Commission
243.Review by Administrative Appeals Tribunal
PART xvi—Disputed elections,
eligibility and vacancies

Division 1—Preliminary
244.Interpretation
245.Speaker
Division 2—Jurisdiction and powers of
Supreme Court

246.Court of Disputed Elections
247.Powers of the Court
248.Rules of Court
249.Decisions are final
Division 3—Disputed elections
250.Validity may be disputed after election
251.Persons entitled to dispute elections
252.Form of application
253.Time for filing application
254.Deposit as security for costs
255.Registrar to serve copies of application on certain

persons
256.Parties to an application
257.Withdrawal and abatement of application
258.Hearing of applications
259.Declarations and orders
260.Illegal practices
261.Bribery or undue influence by person elected
262.Immaterial delays and errors
263.Inquiries by Court
264.Rejected ballot papers
265.Evidence that persons were not permitted to vote
266.Inspection of electoral papers
267.Commissioner not prevented from accessing documents
268.Registrar to serve copies of declarations on certain persons
269.Effect of declarations
Division 4—Eligibility and vacancies
270.Speaker to state case
271.Parties to a referral
272.Declarations and orders
273.Registrar to serve copy of declarations on Speaker
274.Effect of declarations
Division 5—Proceedings
275.Procedure
276.Legal representation limited
277.Admissibility of evidence
278.Costs may be awarded against the Territory
PART xvii—ELECTORAL OFFENCES
Division 1—Bribery and improper influence
279.Bribery
280.Influencing of votes by officers
281.Influencing votes of hospital and nursing home patients
Division 2—Protection of rights
282.Violence and intimidation
283.Discrimination on grounds of political donations
284.Employees’ right to leave of absence for voting
Division 3—Campaigning offences
285.Interpretation
286.Dissemination of electoral matter—authorisers and authors
287.Dissemination of electoral matter—letters to the editor
288.Dissemination of electoral matter—newspaper and periodical reportage and commentary
289.Dissemination of electoral matter—campaign stationery
290.‘Advertorials’
291.Misleading or deceptive electoral matter
292.Inducement to illegal voting—representations of ballot papers
293.Graffiti
294.Defamation of candidates
295.Publication of statements about candidates
296.Disruption of election meetings
297.Prohibition of canvassing near polling places
298.Badges and emblems
299.How-to-vote material in polling places
300.Evidence of authorisation of electoral matter
Division 4—Voting fraud
301.Voting fraud
Division 5—Electoral papers
302.Interpretation—electoral papers
303.Electoral papers—forgery
304.Electoral papers—forfeiture
305.Electoral papers—unauthorised possession
306.Electoral papers—false or misleading statements
307.Electoral papers—defacement etc.
308.Electoral papers—signatures
309.Electoral papers—witnesses
Division 6—Official functions
310.Improper influence—members of Electoral Commission

etc.
311.Unauthorised actions by officers
312.Identification of voters and votes
313.Responses to official questions
314.Control of behaviour at voting centres
part XVIII—enforcement
proceedings

Division 1—Injunctions
315.Restraining conduct
316.Requiring acts or things to be done
317.Commissioner not required to give undertakings as to damages
318.Powers of the Court
Division 2—Prosecutions
319.Investigation of complaints
320.Commissioner may prosecute enrolment and voting

offences
321.Service of certain process by mail
part xix—miscellaneous
322.Extension of time for acts by officers
323.Service of documents by fax
324.Forms—provision and assistance
325.Compliance with approved forms
326.Correcting delays, errors and omissions
327.Voting statistics to be published
328.Collecting further statistical information
329.Electoral papers to be securely stored
330.Administrative arrangements with the States etc.
331.Evidentiary certificates
332.Conduct of directors, servants and agents
333.Corporations—penalties
334.Head of Administration to provide assistance etc.
335.Regulations
Addition
Renumbering

SCHEDULE

AUSTRALIAN CAPITAL TERRITORY
Electoral (Amendment) Act 1994

No. 14 of 1994

An Act to amend the Electoral Act 1992

[Notified in ACT Gazette S85: 17 May 1994]

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

Short title

1. This Act may be cited as the Electoral (Amendment) Act 1994.

Commencement

2. (1) Sections 1 and 2 of this Act commence on the day on which this Act is notified in the Gazette.
(2) Subject to subsections (5), (6), (7) and (8), sections 22 and 23 of this Act commence on the day on which this Act is notified in the Gazette.
(3) The remaining provisions of this Act commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(4) If a provision referred to in subsection (3) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
(5) Part XIII of the amended Act commences on the day after the day on which the result of the first election under that Act is declared under section 183.
(6) Part XVI of the amended Act commences on the day on which Part VI of that Act commences.
(7) The remaining new provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(8) If a provision referred to in subsection (7) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
(9) In this section—
“amended Act” means the Principal Act as amended by this Act;
“new provision” means a provision inserted in the Principal Act by section 22 or 23 of this Act.

Principal Act

3. In this Act, “Principal Act” means the Electoral Act 1992.1

Long title

4. The title of the Principal Act is repealed and the following title substituted:
“An Act to provide for elections of members of the Legislative Assembly and related matters”.

Preamble

5. The preamble to the Principal Act is amended by omitting paragraph 5.

Interpretation

6. Section 3 of the Principal Act is amended—
(a)by omitting “Commission” (second occurring) from the definition of “augmented Commission” and substituting “Electoral Commission”;
(b)by omitting the definition of “Electoral Commissioner”; and
(c)by inserting the following definitions:
“ ‘AAT’ means the Administrative Appeals Tribunal;
‘abbreviation’, in relation to the name of a political party, includes an alternative name of the party;
‘address’, in relation to a person, means the address of the person’s principal place of residence (including a residence from which the elector is temporarily absent and to which the elector intends to return for the purpose of residing there);
‘Antarctic elector’ means an elector who is an Antarctic elector by virtue of section 165;
‘approved’ means approved by the Commissioner by notice in the Gazette;
‘Assembly’ means the Legislative Assembly;
‘authorised officer’ means an officer authorised by the Commissioner for the purpose of the provision in which the expression occurs;
‘broadcast’ includes televise;
‘candidate’ means a person declared to be a candidate under section 103;
‘candidate square’, in relation to a ballot paper, means a square that is printed on a ballot paper adjacent to a candidate’s name by virtue of paragraph 110 (1) (h);
‘certified list of electors’ means a certified list of electors prepared under section 115;
‘Commissioner’ means the Electoral Commissioner appointed under section 20;
‘Commonwealth Electoral Act’ means the Commonwealth Electoral Act 1918 of the Commonwealth;
‘Commonwealth roll’ means the roll of electors for the Territory required by section 81 of the Commonwealth Electoral Act;
‘closed’, in relation to a roll, means closed in accordance with section 74;
‘Court of Disputed Elections’ means the Supreme Court exercising jurisdiction under Part XVI;
‘declaration vote’ means a vote cast in accordance with Division 3 of Part X;
‘declaration voting papers’, in relation to an election, means—
(a)a declaration in the approved form to be completed by an elector;

(b)a ballot paper suitable for declaration voting at the election;
(c)a certificate in the approved form to be completed by a witness to the declaration; and

(d)an envelope in the approved form addressed to the Commissioner, on which appears a declaration referred to in paragraph (a);

‘determined fee’ mean the fee determined under section 7A for the purposes of the provision in which the expression occurs;
‘election’ means—
(a)an election of an MLA or MLAs; and

(b)in relation to an electorate—means such an election for the electorate;

‘election period’, in relation to an election, means the period—
(a)beginning on the first day of the pre-election period; and

(b)ending when the result of the election is declared under section 183;

‘elector’ means a person who is enrolled, or is to be taken under this Act to be enrolled, for an electorate;
‘electoral matter’ has the meaning given by section 4;
‘electoral paper’ means a document, form or notice provided for, or required, by or under this Act;
‘eligible overseas elector’ means a person who is an eligible overseas elector by virtue of section 68;
‘extract’, in relation to a roll, has the meaning given by section 53;
‘extraordinary election’ has the meaning given by section 95;
‘general election’ means a general election of MLAs;
‘group’, in relation to candidates in an election, has the meaning given by section 109;
‘hospital’ includes a convalescent home and an institution similar to a hospital or convalescent home;
‘hour of nomination’ has the meaning given by section 102;

‘MLA’ means a member of the Assembly;
‘officer’ means—
(a)a person appointed under section 27C to be an officer; or

(b)a person exercising a power or performing a duty of an officer by virtue of an arrangement under section 64 or 330;

and, in relation to a particular matter, means an officer exercising a power or performing a duty in relation to that matter;
‘OIC’—
(a)in relation to a scrutiny centre—means the officer in charge of the centre; and

(b)in relation to a polling place—means the officer in charge of the place;

‘ordinary election’ means a general election required by section 94;
‘ordinary vote’ means a vote other than a declaration vote;
‘party candidate’ means—
(a)a candidate at an election nominated by the registered officer of a registered party; and

(b)in relation to a registered party, means a candidate nominated by the registered officer of the party;

‘place of nomination’ has the meaning given by section 102;
‘political party’ means an organisation, incorporated or unincorporated, an object or activity of which is the promotion of the election to the Assembly of a candidate or candidates endorsed by it;
‘polling day’ has the meaning given by section 96;
‘polling place’ means a place appointed as a polling place under section 113;
‘postal vote’ means a declaration vote in respect of which the declaration voting papers are given to the elector concerned by virtue of—
(a)an application under subsection 130 (4); or

(b)section 135;

‘pre-election period’ means the period of 37 days ending on the expiration of polling day for an election;
‘registered officer’, in relation to a registered party, means the person whose name is entered in the Register of Political Parties as the registered officer of the party;
‘registered party’ means a political party registered under section 86;
‘Register of Political Parties’ means the register kept under section 82;
‘review statement’, in relation to a decision by the Commissioner, means a statement referred to in section 240 about that decision;
‘roll’ means a roll of electors kept under this Act;
‘scrutineer’ means a person appointed under section 116 to be a scrutineer;
‘scrutiny centre’ means a place appointed as a scrutiny centre under section 113;
‘secretary’, in relation to a political party, means the secretary or chief administrative officer (however described) of the party;
‘Self-Government Act’ means the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth;
‘Speaker’ means the Presiding Officer of the Assembly elected under section 11 of the Self-Government Act;
‘staff’, in relation to the Electoral Commission, has the meaning given by section 27A;
‘suppressed address’ means an address particulars of which are required to be suppressed from a roll extract by virtue of section 71;
‘this Act’ includes the regulations.”.

Insertion

7. After section 3 of the Principal Act the following section is inserted in Part I:

Electoral matter

“4. (1) In this Act—
‘electoral matter’ means matter that is intended or likely to affect voting in an election.
“(2) Without limiting the generality of subsection (1), matter shall be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—
(a)the election;
(b)the Government, the Opposition, a previous Government or a previous Opposition;
(c)an MLA or a former MLA;
(d)a political party or a candidate or group of candidates in the election; or
(e)an issue submitted to, or otherwise before, the electors in connection with an election.

“(3) Without otherwise limiting the generality of subsection (1), during a pre-election period only, matter shall be taken to be intended or likely to affect voting in the election if it contains an express or implicit reference to, or comment on—
(a)the Government or Opposition, or a previous Government or Opposition, of the Commonwealth, a State or another Territory; or
(b)a member or former member of the legislature of the Commonwealth, a State or another Territory.”.

Substitution

8. Section 7 of the Principal Act is repealed and the following sections are substituted:

Functions of Electoral Commission

“7. (1) The Electoral Commission has the following functions:
(a)to advise the Minister on matters relating to elections;
(b)to consider, and report to the Minister on, matters relating to elections referred to it by the Minister;
(c)to promote public awareness of matters relating to elections and the Assembly by conducting education and information programs and by such other means as it chooses;
(d)to provide information and advice on matters relating to elections to the Assembly, the Executive, the head of any administrative unit of the Public Service, Territory authorities, political parties and candidates at elections;
(e)to conduct and promote research into matters relating to elections or other matters relating to its functions;
(f)to publish material on matters relating to its functions;
(g)to provide, on payment of the determined fee (if any), goods and services to persons or organisations, to the extent that it is able to do so by using information or material in its possession or expertise acquired in the performance of its functions;
(h)to conduct ballots for prescribed persons and organisations;
(j)to perform such other functions as are conferred on it by or under this Act or any other law of the Territory.

“(2) The Commission may perform any of its functions under paragraphs (1) (a) to (f) (inclusive) in conjunction with the Australian Electoral Commission.
“(3) A reference in subsection (1) to an election shall be read as including a reference to a referendum and any other ballot.

Determination of fees

“7A. (1) The Electoral Commission may, by notice in the Gazette, determine fees for the purposes of the Act.
“(2) A determination may provide for any of the following matters:
(a)the rate at which a determined fee is to be calculated;
(b)the time at which, and the manner in which, the fee is payable to the Territory;
(c)the exemption of persons from liability to pay all or part of a determined fee;
(d)the deferral of liability by the Commissioner for the payment of all or part of a determined fee;
(e)the remission or refund by the Commissioner of all or part of a determined fee, in particular circumstances.

“(3) A determined fee—
(a)is payable to the Territory in accordance with the determination; and
(b)may be remitted, deferred or refunded in accordance with the determination.

“(4) A reference in subsection (3) to a determined fee shall be read as including a reference to a part of a determined fee.
“(5) A determination is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”.

Insertion

9. After section 18 of the Principal Act the following section is inserted:

Delegation

“18A.The Electoral Commission may, by resolution, delegate to the Commissioner, an officer or a member of the staff of the Electoral Commission all or any of its powers under this Act or any other law of the Territory, other than those under Part IV or XV.”.

Substitution—headings

10. The heading to Part III of the Principal Act is omitted and the following headings are substituted:

“Part III—Electoral commissioner and staff of Electoral Commission

“Division 1—Electoral Commissioner”.

Substitution

11. Section 21 of the Principal Act is repealed and the following sections are substituted:

Functions and powers

“21. (1) The Commissioner shall be the chief executive officer of the Electoral Commission.
“(2) In addition to the powers and functions conferred by or under this Act, the Commissioner has such other powers and functions as are conferred on the Commissioner by or under any other law of the Territory.
“(3) The Commissioner may give written directions to officers and members of the staff of the Electoral Commission with respect to the exercise of their powers or the performance of their functions under this Act.

Delegation

“21A. The Commissioner may, in writing, delegate to an officer or a member of the staff of the Electoral Commission all or any of the Commissioner’s powers under this Act or any other law of the Territory, other than those under Part IV.”.

Insertion

12. After section 27 of the Principal Act the following Division is inserted in Part III:

“Division 2—Staff of the Electoral Commission

Staff

“27A.The staff of the Electoral Commission shall consist of—
(a)public servants made available to the Commission by the Head of Administration; and
(b)persons employed or engaged under section 27B.

Temporary staff and consultants

“27B. (1) The Commissioner may, on behalf of the Territory—
(a)employ temporary staff; or
(b)engage consultants;

for the purposes of this Act.

“(2) Temporary staff shall be employed on terms and conditions determined from time to time by the Electoral Commission after consultation with the Executive.
“(3) Consultants shall be engaged on terms and conditions determined from time to time by the Electoral Commission.

Officers

“27C. (1) The Commissioner may, in writing, appoint a person who is at least 18 years of age to be an officer for the purposes of this Act.
“(2) The officers so appointed include, but are not limited to, the following officers:
(a)the officer in charge of a polling place;
(b)the officer in charge of a scrutiny centre;
(c)an officer for the purposes of a poll or the scrutiny at an election.

“(3) A candidate is not entitled to be appointed as an officer, and an officer vacates office if he or she becomes a candidate.
“(4) The Commissioner has all the powers of an officer and, in the exercise of such a power, is subject to the same obligations as an officer and, for the purposes of this Act, shall be taken to be an officer.
“(5) Subject to the directions of the OIC, an officer at a polling place or scrutiny centre may exercise any of the powers or perform any of the functions of the OIC and in so doing shall, for the purposes of this Act, be taken to be the OIC.”.

Timing of redistributions

13. Section 31 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:
“(2) After each ordinary election, a redistribution process shall, subject to section 31A—
(a)begin as soon as practicable after the commencement of the period of 2 years ending on the expiration of the 3rd Saturday in February in the year in which the next ordinary election is due to be held; and
(b)be completed as soon as practicable.

“(3) For the purposes of subsection (2), a redistribution process—
(a)begins when a Redistribution Committee is formed for the purposes of a redistribution; and
(b)ends when the redistribution of electorates is determined under section 29.”.

Insertion

14. After section 31 of the Principal Act the following section is inserted:

Suspension of redistribution process—extraordinary elections

“31A. (1) In this section—
‘redistribution process’ has the same meaning as in section 31.
“(2) Where the election period for an extraordinary election commences during a redistribution process, no further action shall be taken under this Act in relation to the redistribution until after the election period.
“(3) Where, in relation to a proposed redistribution, a notice under this Part invited a response (however described) to be made within a particular period and that period had not expired when the election period for an extraordinary election commences—
(a)a further such notice shall be given as soon as practicable after the election period; and
(b)this Act applies in relation to any response made in accordance with the first-mentioned notice as if it had been made in accordance with the further notice.”.

Augmented Electoral Commission

15. Section 40 of the Principal Act is amended by inserting in subsection (1) “Electoral” after “augmented”.

Heading to Part V

16. The heading to Part V of the Principal Act is omitted.

Repeal

17. Section 48 of the Principal Act is repealed.

Decisions are final

18. Section 49 of the Principal Act is amended by omitting from subsection (1) “Part IV” and substituting “this Part”.

Validity not affected

19. Section 50 of the Principal Act is amended by omitting “Part IV” and substituting “this Part”.

References to Electoral Commissioner

20. Each of the following provisions of the Principal Act is amended by omitting “Electoral Commissioner” (wherever occurring) and substituting “Commissioner”:
Paragraph 6 (1) (b), subsections 18 (5), 20 (2), 22 (1), (2), (3) and (4) and 23 (1), paragraphs 23 (2) (a) and (b), section 24, subsections 25 (1), 26 (1), (2), (3), (4), (5) and (6) and 27 (1), paragraph 32 (3) (a), subsections 33 (1), (2) and (3), paragraphs 40 (2) (b) and 41 (3) (a) and (b).

References to Chief Minister

21. Each of the following provisions of the Principal Act is amended by omitting “Chief” (wherever occurring):
Subsection 2 (2), section 9, subsections 11 (3) and 12 (2), section 14, subsections 15 (1) and (2) and 16 (2), paragraph 16 (4) (a), subsections 20 (2) and 22 (2), section 24, subsections 25 (1) and (2) and 26 (2), paragraph 26 (4) (a), subsection 32 (4), paragraph 46 (1) (a) and section 47.

Substitution

22. Sections 51, 52 and 53 of the Principal Act are repealed and the following Parts substituted:

“Part V—Electoral rolls

Electorate and Territory rolls

“51. (1) The Commissioner shall keep a roll of the electors of the Territory consisting of separate rolls of the electors of each electorate.
“(2) A roll may be kept electronically.

Contents of roll

“52. (1) A roll shall contain the following particulars in relation to each elector:
(a)surname or family name;
(b)each Christian or given name;
(c)address;
(d)sex;
(e)date of birth.

“(2) A roll may contain the following particulars in relation to each elector:
(a)occupation;
(b)any former surname;
(c)any previous address;
(d)postal address, if not the same as the address of the principal place of residence;
(e)such further particulars, if any, as are prescribed.

Roll extracts

“53. (1) A reference in this Act to an extract from a roll shall be read as a reference to that part of the roll that contains, in relation to each elector enrolled at the time the extract is prepared—
(a)the surname or family name;
(b)each Christian or given name; and
(c)except in relation to—
(i)an elector whose address is suppressed;
(ii)an eligible overseas elector;
(iii)an Antarctic elector; or
(iv)an elector who is enrolled by virtue of his or her enrolment on the Commonwealth roll as an itinerant elector;

the address.
“(2) A reference in this Act to a roll extract in electronic form shall be read as a reference to a disk, tape or other device from which the information in the extract may be reproduced by mechanical, electronic or other means.

Inspection of printed roll extracts

“54. (1) The Commissioner—
(a) shall, at the office of the Commissioner; and
(b)may, at such other places as the Commissioner determines;

make a printed extract from each roll available for public inspection during ordinary office hours.

“(2) A right of inspection under subsection (1) shall not be taken to confer any right to copy, take an extract from, or scan electronically, an extract from a roll.
“(3) For the purposes of subsection (1), the Commissioner shall prepare an extract of each roll at least once each calendar year.

Supply of printed roll extracts to MLAs etc.

“55. (1) At least once each calendar year, the Commissioner shall, on request—
(a)give 2 printed extracts from the roll for an electorate to each MLA for the electorate; and
(b)give 2 printed extracts from the roll for each electorate to the registered officer of each registered party.

“(2) The Commissioner shall, on request and on payment of the determined fee, supply a printed extract from a roll to a person who the Commissioner is satisfied requires the extract for an approved purpose within the meaning of section 57.

Supply of roll extracts in electronic form to MLAs etc.

“56. (1) The Commissioner shall, on request, so far as practicable, give a roll extract in electronic form to—
(a)an MLA for the electorate to which the roll relates; or
(b)the registered officer of a registered party.

“(2) The Commissioner shall, on request and on payment of the determined fee, supply a roll extract in electronic form, or on microfiche, to a person who the Commissioner is satisfied requires the extract for an approved purpose within the meaning of section 57.

Approved use of roll extracts

“57. (1) A person shall not, without reasonable excuse, use information obtained by means of a roll extract provided under section 55 or 56, except for an approved purpose.
Penalty: $5,000 or imprisonment for 6 months, or both.
“(2) For the purposes of subsection (1), each of the following is an approved purpose:
(a)in relation to an MLA—the performance of his or her functions;
(b)in relation to the registered officer of a registered party—the performance by an MLA who is a member of the party of his or her functions;
(c)in relation to an MLA or the registered officer of a registered party—
(i)a purpose connected with an election; or
(ii)monitoring the accuracy of information contained in the roll;
(d)in relation to any person—a prescribed purpose.

Prohibited use of roll extracts

“58. Except in accordance with section 57, a person shall not, without reasonable excuse—
(a)use for a commercial purpose; or
(b)disclose to another person;

information that the person knows, or has reasonable grounds for believing, has been obtained from or by means of a roll extract provided under section 55 or 56.

Penalty: $5,000 or imprisonment for 6 months, or both.

Provision of roll information to prescribed authorities

“59. (1) The Commissioner may give a copy of a roll or information contained on a roll to a prescribed authority if the Commissioner is satisfied that the authority requires the copy or information for a prescribed purpose.
“(2) A person shall not use information obtained by virtue of subsection (1) except in accordance with the regulations.
Penalty: $5,000 or imprisonment for 6 months, or both.
“(3) For the purposes of the Juries Act 1967, the Commissioner shall, on request by the Sheriff of the Territory, give the Sheriff a copy of the roll of electors of the Territory.
“(4) A copy of a roll, or information, may be given to a person under subsection (1) or (3) in printed or electronic form or on microfiche.
“(5) A copy of a roll, or information, provided under subsection (1) or (3) shall not include—
(a)a suppressed address;
(b)the address of an eligible overseas elector; or
(c)the address of an Antarctic elector.

“(6) The regulations may provide for the manner in which a prescribed authority may deal with information, or information obtained from a copy of a roll, provided under subsection (1).

Maintenance of rolls

“60. (1) The Commissioner shall, so far as practicable, keep the rolls up to date.
“(2) The Commissioner may alter a roll at any time as follows:
(a)to register any change of name;
(b)to bring up to date any particulars appearing on the roll;
(c)to correct any mistake or omission;
(d)to remove the name of a deceased elector;
(e)in respect of a person who is enrolled on the Commonwealth roll—to reflect any alteration under section 105 of the Commonwealth Electoral Act in respect of that enrolment.

Power to require information

“61. (1) The Commissioner may, by written notice, require—
(a)the administrative head of a unit of the Public Service;
(b)the chief executive officer (however described) of a Territory authority; or
(c)the occupier of any residence;

to give to the Commissioner or a specified officer specified information required in connection with the preparation, maintenance or revision of a roll.

“(2) A notice shall specify the time within which the information is to be so given.
“(3) A person who, without reasonable excuse, contravenes such a requirement is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
“(4) Subsection (3) does not apply where compliance with the requirement would involve the disclosure of information in contravention of any other law.

Notice of registered deaths

“62. The Registrar-General shall give to the Commissioner, on request, particulars entered in the Register of Deaths during the period to which the request relates in respect of the death of each person aged 17 years or older.

Disclosure of roll information

“63. (1) A person to whom this section applies shall not, without reasonable excuse, give a copy of a roll, an extract from a roll, or information contained on a roll, to another person except for the purposes of this Act.
Penalty: $5,000 or imprisonment for 6 months, or both.
“(2) This section applies to a person who is, or has been—
(a)the Commissioner;
(b)an officer; or
(c)a member of the staff of the Electoral Commission.

Joint roll arrangements with the Commonwealth

“64. (1) The Minister may arrange with the Governor-General for—
(a)the preparation, alteration or revision of the rolls; or
(b)the carrying out of any procedure relating to the preparation, alteration or revision of the rolls;

jointly by the Commonwealth and the Territory.

“(2) Where such an arrangement is in force, a roll may contain—
(a)the names and particulars of persons who are enrolled as electors of the Commonwealth but not as electors of the Territory, provided that it is clearly indicated that they are not enrolled as electors of the Territory;
(b)distinguishing marks against the names of persons enrolled as electors of the Territory but not as electors of the Commonwealth, to show that they are not electors of the Commonwealth; and
(c)other particulars in addition to those required by or under this Act to be included in the roll;

and, for the purposes of this Act, the names of electors of the Commonwealth and those marks and particulars shall not be taken to be part of the roll.

“part VI—enrolment

Interpretation

“65. (1) For the purposes of this Part, the following persons enrolled on the Commonwealth roll shall be taken not to be so enrolled:
(a)a person whose address recorded on that roll is not in the Territory;
(b)a person who is an eligible overseas elector for the purposes of the Commonwealth Electoral Act but not an eligible overseas elector for the purposes of this Act.

“(2) For the purposes of this Part, the address of a person who is serving a sentence of imprisonment is—
(a)if the person is enrolled on the Commonwealth roll—the address recorded on that roll in respect of the person; or
(b)where paragraph (a) does not apply—
(i)the person’s address immediately before the person began serving the sentence; or
(ii)if the person did not have an address immediately before beginning to serve the sentence—the address of the place at which the person is serving the sentence.

Entitlement

“66. (1) A person is entitled to be enrolled for an electorate if—
(a)the person is entitled to be enrolled on the Commonwealth roll otherwise than by virtue of section 100 of the Commonwealth Electoral Act; and
(b)the person’s address is in the electorate.

“(2) A person is not entitled to be enrolled for more than 1 electorate.

Compulsory enrolment etc.—residents

“67. (1) A person who—
(a)is entitled to be enrolled for an electorate; and
(b)is not enrolled on any roll;

shall, subject to subsection (5), make a claim for enrolment within 21 days after the day on which the person became so entitled.

“(2) An elector who—
(a)is enrolled for an electorate; and
(b)is entitled, following a change of address, to be enrolled for another electorate;

shall, subject to subsections (4) and (5), make a claim for a transfer of enrolment within 52 days after the date of the change of address.

“(3) An elector who changes address within an electorate shall, subject to subsections (4) and (5), give the Commissioner written notice setting out the particulars of the new address within 52 days after the date of the change of address.
“(4) Subsections (2) and (3) do not apply to an eligible overseas elector, an Antarctic elector or a person who is not at least 18 years of age.
“(5) Where a person is enrolled on the Commonwealth roll otherwise than by virtue of section 100 of the Commonwealth Electoral Act and the address recorded on that roll in respect of the person is an address in an electorate—
(a)the person shall be taken—
(i)to have made a claim under subsection (1) or (2), or given notice under subsection (3), whichever is appropriate; and
(ii)to be enrolled for the electorate; and
(b)the particulars recorded on the Commonwealth roll in respect of the person shall, so far as practicable, be taken to be the particulars recorded on the roll for the electorate.

“(6) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) is guilty of an offence punishable, on conviction, by a fine not exceeding $50.

Eligible overseas electors

“68. (1) An elector—
(a)who is, for the purposes of the Commonwealth Electoral Act, an eligible overseas elector;
(b)whose address, recorded on the Commonwealth roll when the elector became a person referred to in paragraph (a), was an address in an electorate; and
(c)who has, for the purposes of this Act, indicated an intention to reside, or resume residing, in the Territory after ceasing to be a person referred to in paragraph (a);

is, subject to subsection (4), an eligible overseas elector for the purposes of this Act in relation to the electorate in which that address is located.

“(2) The Commissioner shall annotate the roll for an electorate so as to indicate the name of each person who is an eligible overseas elector in relation to the electorate.
“(3) The Commissioner shall cancel an annotation in respect of a person if—
(a)the person ceases to be an eligible overseas elector for the purposes of the Commonwealth Electoral Act; or
(b)the person notifies the Commissioner that he or she does not intend to reside, or to resume residing, in the Territory after ceasing to be an eligible overseas elector for the purposes of the Commonwealth Electoral Act.

“(4) A person ceases to be an eligible overseas elector for the purposes of this Act on the day on which the annotation in respect of the person is cancelled.

Age 17 enrolment

“69. (1) The Commissioner shall enrol a person on the roll for an electorate if the person—
(a)is at least 17 years of age;
(b)would, had the person attained the age of 18 years, be entitled to be enrolled for the electorate; and
(c)makes a claim for enrolment.

“(2) Where a person is enrolled on the Commonwealth roll by virtue of section 100 of the Commonwealth Electoral Act and the address recorded on that roll is an address in an electorate—
(a)the person shall be taken—
(i)to have made a claim for enrolment under this section; and
(ii)to be enrolled under this section on the roll for the electorate; and
(b)the particulars recorded on the Commonwealth roll in respect of the person shall, so far as practicable, be taken to be the particulars recorded on the roll for the electorate.

Enrolment etc.

“70. (1) In this section—
‘claim’ means a claim for enrolment or transfer of enrolment.
“(2) Except as otherwise provided by this Act, the name of a person shall not be added to a roll except pursuant to a claim.
“(3) A claim shall be—
(a)in the approved form;
(b)signed by the claimant and the signature witnessed by an elector or a person entitled to be an elector; and
(c)given to the Commissioner.

“(4) On a claim under subsection (2), the Commissioner shall, subject to section 74—
(a)enrol the claimant, if satisfied that he or she is entitled to be enrolled pursuant to the claim; or
(b)reject the claim.

“(5) After making a decision about a claim under subsection (2), the Commissioner shall give the claimant—
(a)if the claim is accepted—written notice of the decision specifying the electorate in which the claimant is enrolled; or
(b)if the claim is rejected—a review statement about the decision.

Suppression of elector’s address

“71. (1) Where—
(a)an elector is enrolled on the Commonwealth roll; and
(b)by virtue of section 104 of the Commonwealth Electoral Act, the particulars of the elector’s address have not been included on, or have been deleted from, the Commonwealth roll;

the Commissioner shall suppress the particulars of the elector’s address from any extract from the roll on which the elector is enrolled under this Act.

“(2) Where an elector is not enrolled on the Commonwealth roll, on the elector’s request for the suppression of particulars of his or her address from an extract from any roll, the Commissioner shall—
(a)grant the request; or
(b)refuse the request.

“(3) A request shall—
(a)be in the approved form;
(b)set out the reasons for the request; and
(c)be verified by statutory declaration.

“(4) The Commissioner shall grant a request under subsection (2) if he or she is satisfied on reasonable grounds that the inclusion of the particulars of the elector’s address on an extract from the roll would place at risk the personal safety of the elector or any member of the elector’s family.
“(5) After making a decision about a request under subsection (2), the Commissioner shall give the person who made the request—
(a)if the request is granted—written notice of the decision; or
(b)if the request is refused—a review statement about the decision.

Inclusion of particulars on roll following suppression

“72. (1) This section applies where the address of an elector has been suppressed under subsection 71 (2).
“(2) The Commissioner shall include the particulars of the elector’s address on an extract from the roll if the Commissioner is satisfied on reasonable grounds that the inclusion of the particulars would not place at risk the personal safety of the elector or any member of the elector’s family.
“(3) After making a decision under subsection (2), the Commissioner shall give the elector a review statement about the decision.

Suppression of elector’s address pending review

“73. (1) This section applies where the Commissioner makes either of the following decisions:
(a)a decision under paragraph 71 (2) (b) to refuse to suppress an elector’s address from an extract from a roll;
(b)a decision under subsection 72 (2) to include particulars of an elector’s address on an extract from a roll.

“(2) The Commissioner shall suppress the particulars of the relevant elector’s address from any extract from a roll from the defined date until—
(a)if no application for a review of the relevant decision has been made to the Electoral Commission within a period of 28 days after the elector is given a review statement about the decision—the expiration of that period;
(b)if, on a review, the Electoral Commission affirms the relevant decision, and no application for a review of the Commission’s decision has been made to the AAT—the expiration of the period of 28 days after the elector is given a notice under section 242;
(c)if, on a review, the AAT affirms the decision of the Electoral Commission, and no appeal to the Supreme Court is instituted—the expiration of the period of 28 days after the elector is given notice of the decision of the AAT; or
(d)if an appeal to the Supreme Court is so instituted within that period—proceedings on the appeal are completed.

“(3) Subsection (2) has effect subject to—
(a)an order of the Electoral Commission under section 241;
(b)any order of the AAT; and
(c)any order of the Supreme Court.

“(4) In this section—
‘defined date’ means—
(a)in relation to a decision under paragraph 71 (2) (b) to refuse to suppress an elector’s address from an extract from a roll—the date of the request for suppression; or
(b)in relation to a decision under subsection 72 (2) to include particulars of an elector’s address on an extract from a roll—the date of the decision.

Closed rolls

“74. (1) For the purposes of this Act, the roll for an electorate shall be taken to be closed during the period—
(a)commencing at 6 p.m. on the 29th day before polling day for an election in the electorate; and
(b)ending at the close of polling at the election.

“(2) While a roll is closed, subject to subsections (3) and (4) and section 60—
(a)a person shall not be enrolled;
(b)a person shall not be taken to be enrolled under subsection 67 (5) or 69 (2) if the person’s enrolment on the Commonwealth roll is effected during the closure;
(c)a name shall not be removed;
(d)an annotation in relation to the roll shall not be made or cancelled under section 68; and
(e)a change of address shall not be recorded.

“(3) Paragraph (2) (c) shall not be taken to prevent the removal, while a roll is closed, of the name of a person who the Commissioner believes on reasonable grounds made a statement in a claim for enrolment or transfer of enrolment that was false or misleading in a material particular.
“(4) Where the Australian Postal Corporation 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, but for the dispute, would have been delivered to the Commissioner before the close of the roll for an election—
(a)paragraphs (2) (a) and (c) shall not be taken to prevent the enrolment of an elector or the removal of an elector’s name from another roll as a consequence of such an enrolment; and
(b)where the claimant is enrolled in accordance with the claim—the enrolment shall be taken, in relation to any vote cast by the claimant in the election, to have been effected before the roll closed.

“(5) In subsection (2)—
(a)a reference to enrolment shall be read as including a reference to the enrolment of a person who is to be taken to have been enrolled under this Part; and
(b)a reference (expressed or implied) to particulars relating to a person shall be read as including a reference to particulars that are to be taken to be recorded on the roll under this Part.

Objections to enrolment

“75. (1) This section applies in relation to the enrolment of a person who is enrolled under this Act but is not enrolled under the Commonwealth Act.
“(2) An elector may object to the enrolment of a person on the ground that the person is not entitled to enrolment by virtue of section 66.
“(3) An objection shall—
(a)be in the approved form;
(b)set out the grounds on which it is made; and
(c)be accompanied by a deposit of $2 or any higher amount prescribed by the regulations.

“(4) The Commissioner shall reject an objection without notifying the person whose enrolment it concerns if—
(a)the objection is made on the ground that the person enrolled is of unsound mind and is not accompanied by a supporting medical certificate; or
(b)the Commissioner believes on reasonable grounds that the objection is frivolous or vexatious.

“(5) After the Commissioner rejects an objection by virtue of subsection (4), he or she shall—
(a)where paragraph (4) (a) applies—give the objector written notice of the rejection; and
(b)where paragraph (4) (b) applies—give the objector a review statement about the decision to reject the objection.

“(6) If—
(a)an objection is made to the enrolment of a person; or
(b)the Commissioner believes on reasonable grounds (other than on the grounds that the elector is of unsound mind) that a person enrolled is not entitled to be enrolled;

the Commissioner shall, subject to subsection (4), give the person written notice of the objection or belief inviting the person to respond within 21 days after the date of the notice.

“(7) After considering any such response, the Commissioner shall determine the person’s entitlement to enrolment and—
(a)confirm the enrolment; or
(b)remove the person’s name from the roll.

“(8) After making a decision under subsection (7) about the enrolment of a person, the Commissioner shall—
(a)in the case of a decision to confirm the enrolment—give the person, and any objector, written notice of the decision; or
(b)in the case of a decision to remove the person’s name from the roll—
(i)give the person a review statement about the decision; and
(ii)if an objection has been duly made to the enrolment—give the objector written notice of the decision.

“(9) Where a person’s name is removed from a roll as a result of an objection, the Commissioner shall return the deposit lodged with the objection to the objector.

Record of claims for enrolment

“76. (1) If the Commissioner is satisfied that a record of the particulars of a claim for enrolment or transfer of enrolment is kept on microfiche, microfilm or in any other appropriate permanent form, the claim may be destroyed.
“(2) A record of particulars of a claim that is kept in accordance with subsection (1) is evidence of the particulars of that claim.

Processing enrolment claims

“77. An officer who receives a claim for enrolment or transfer of enrolment shall do everything practicable to process the claim.

Transmission of enrolment claims

“78. A person who accepts for transmission to the Commissioner a claim for enrolment or transfer of enrolment shall transmit the claim to the Commissioner as soon as is practicable.
Penalty: $1,000.

Production of claims for enrolment before a court

“79. (1) This section applies to a person who is, or has been—
(a)a member of the Electoral Commission;
(b)the Commissioner;
(c)an officer; or
(d)a member of the staff of the Electoral Commission.

“(2) A person to whom this section applies shall not, except for the purposes of this Act, be required—
(a)to produce in a court a claim for enrolment; or
(b)to divulge or communicate to a court any matter or thing in relation to a claim for enrolment that has come to the person’s notice in the performance of duties or functions under this Act.

“(3) In this section—
‘court’ includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

Claims for enrolment not subject to warrants

“80. A warrant issued under a law of the Territory authorising the seizure of a document related to an offence does not authorise the seizure of a claim for enrolment or transfer of enrolment.

“part VII—registration of political parties

Interpretation

“81. (1)In this Part, unless the contrary intention appears—
‘eligible political party’ means—
(a)a parliamentary party; or
(b)a political party (other than a parliamentary party) that has at least 100 members;

‘member’, in relation to a political party, means a member of the party who is an elector or entitled to be an elector;

4. (1) If, after a calculation under subclause 3 (3), 6 (4) or paragraph 9 (2) (d), the number of successful candidates is equal to the number of positions to be filled, the scrutiny shall cease.
(2) If, after a calculation under subclause 3 (3) or 6 (4) or after all the ballot papers counted for an excluded candidate have been dealt with under clause 9—
(a)the number of continuing candidates is equal to the number of positions remaining to be filled; and
(b)no successful candidate has a surplus not already dealt with under clause 6;

each of those continuing candidates is successful and the scrutiny shall cease.

Scrutiny to continue

5. If the scrutiny has not ceased in accordance with clause 4 and—
(a)1 or more successful candidates have a surplus not already dealt with under clause 6—subject to clause 4, each surplus shall be dealt with in accordance with clause 6; or
(b)there are no successful candidates with such a surplus—1 continuing candidate shall be excluded in accordance with clause 8 and the ballot papers counted for him or her shall be dealt with in accordance with clause 9.

Surplus votes

6. (1) Subject to clause 7, this clause applies in relation to the surplus of a successful candidate.
(2) Each ballot paper counted for the purpose of allotting votes to the successful candidate at the count at which the candidate became successful shall be dealt with as follows:
(a)if it does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part;
(b)if it specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.

(3) The count votes for each continuing candidate shall be determined and allotted to him or her.
(4) After the allotment under subclause (3), the continuing candidates’ total votes shall be calculated and, if the total votes of a candidate equal or exceed the quota, the candidate is successful.

More than 1 surplus

7. (1) In this clause—
(a)a reference to a successful candidate shall be read as a reference to a successful candidate with a surplus not already dealt with under clause 6; and
(b)a reference to the earliest count shall be read as a reference to the earliest count at which a successful candidate obtained a quota.

(2) Where there are 2 or more successful candidates, the surplus of the relevant candidate shall be dealt with in accordance with clause 6.
(3) For the purposes of subclause (2)—
(a)if only 1 successful candidate obtained a quota at the earliest count—that candidate is the relevant candidate;
(b)if 2 or more successful candidates obtained a quota at the earliest count—the candidate who, of those candidates, has the largest surplus is the relevant candidate; or
(c)if 2 or more successful candidates (in this paragraph called “contemporary candidates”) who obtained a quota at the earliest count have the same surplus, being a surplus larger than that of any other candidate who obtained a quota at that count and—
(i)1 of the contemporary candidates had more total votes than any other contemporary candidate at the last count at which all the contemporary candidates had unequal total votes—that candidate; or
(ii)there is no count at which all the contemporary candidates had unequal total votes—the contemporary candidate who is determined by the Commissioner by lot to be the relevant candidate;

is the relevant candidate.

Exclusion of candidates

8. (1) Where clause 5 or 15 requires a candidate to be excluded, the candidate with the least total votes shall be excluded.
(2) Where 2 or more candidates each have the same total votes, being fewer total votes than any other candidate and—
(a)1 of those candidates had fewer total votes than any other of those candidates at the last count at which all those candidates had unequal votes—that candidate; or
(b)there is no count at which all those candidates had unequal total votes—the candidate who, of those candidates, is determined by the Commissioner by lot to be the candidate to be excluded;

shall be excluded.

Votes of excluded candidates

9. (1) Where a candidate is excluded in accordance with clause 8, the ballot papers counted for the candidate shall be sorted into groups according to their transfer values when counted for him or her.
(2) Subject to subclause (3), each group under subclause (1) shall be dealt with as follows:
(a)if a ballot paper in the group does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part;
(b)if a ballot paper in the group specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded;
(c)each continuing candidate’s count votes shall be determined and allotted to him or her;
(d)continuing candidates’ total votes shall be calculated and, if the votes of any of those candidates equal or exceed the quota, the candidate is successful.

(3) The groups referred to in subclause (1) shall be dealt with under subclause (2) starting with the group with the highest transfer value and, subject to subclause 4 (1) or 15 (2), continuing in descending order until all the groups have been dealt with.

Setting aside ballot papers

10. Where, after a calculation under subclause 3 (3) or 6 (4) or paragraph 9 (2) (d), the total votes of a candidate who became successful on that calculation equal the quota, the ballot papers counted for that candidate shall be set aside for the purposes of this Part.

Part III—casual vacancies

Application

11. (1) This Part applies in relation to the vacancy in the seat of a former MLA that is to be filled by recount under section 188.
(2) For the purposes of this Part—
(a)“continuing candidate” means a candidate within the meaning of Part XIII of this Act, but does not include a candidate who died before the recount for the purposes of this Part commenced;
(b)the quota is calculated under clause 12; and
(c)the transfer value is determined under clause 13.

Quota

12. For the purposes of this Part, the quota, in relation to a count, is calculated as follows:
+ 1

where TVA is the sum of the total votes allotted to the continuing candidates at the count, any fraction being disregarded.

Transfer value

13. (1) For the purposes of this Part, the transfer value of ballot papers counted for the former MLA—
(a)in relation to a ballot paper dealt with at the count at which the former MLA became successful—is the value ascertained in accordance with subclause (2);
(b)in relation to a ballot paper dealt with at the count under clause 3—is 1; and
(c)in relation to a ballot paper dealt with at any other count—is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA.

(2) Where, at the count at which the former MLA became successful, NCP X TV was greater than or equal to Q—N—
(a)in relation to a ballot paper that did not specify a next available preference—the value is calculated as follows:

; and
(b)in relation to a ballot paper that specified a next available preference—the value is zero.

(3) Where, at the count at which the former MLA became successful, NCP X TV was less than Q—N—
(a)in relation to a ballot paper that did not specify a next available preference—the value is the transfer value of the ballot paper when counted for the purpose of allotting count votes to the former MLA; and
(b)in relation to a ballot paper that specified a next available preference—the value is calculated as follows:

.
(4) For the purposes of subsections (2) and (3)—
NCPis the number of ballot papers counted for the former MLA at the count at which he or she became successful that did not specify a next available preference;
TVis the transfer value of a ballot paper when counted at that count for the purpose of allotting count votes to the former MLA;
Qis the quota for the election at which the former MLA was last elected;
Nis the former MLA’s total votes after the last calculation before that count; and
CPis the number of ballot papers counted for the former MLA at that count that specified a next available preference.

Recount—first count

14. (1) If a ballot paper counted for the former MLA—
(a)does not specify a next available preference—it shall be set aside as finally dealt with for the purposes of this Part; or
(b)specifies a next available preference—it shall be grouped according to the candidate for whom that preference is recorded.

(2) The count votes for each continuing candidate shall be determined and allotted to him or her, and each continuing candidate’s total votes shall be calculated.
(3) If, after the calculation under subclause (2), the total votes of a continuing candidate equal or exceed the quota, the candidate is successful and the scrutiny shall cease.

Recount—continuation

15. (1) If the scrutiny has not ceased in accordance with subclause 14 (3) or subclause (2) of this clause—
(a)1 continuing candidate shall be excluded in accordance with clause 8; and
(b)the ballot papers counted for that candidate shall be dealt with in accordance with clause 9.

(2) If, after a calculation under paragraph 9 (2) (d), a candidate is successful, the scrutiny shall cease.

Successful candidate is dead

16. (1) If the candidate who is successful on a recount is dead, the recount shall be conducted again.
(2) For the purposes of subclause (1), a ballot paper on which a preference for that candidate is recorded shall be taken to record a preference for the candidate for whom the next available preference is recorded.

Multiple vacancies

17. (1) If there are 2 or more vacancies in the seats of former MLAs that are required to be filled by recount under section 188, the recounts shall be conducted in the order in which the vacancies occurred.
(2) If 2 or more of those vacancies occurred at the same time, the Commissioner shall determine by lot the order in which the recounts are to be conducted.

Part iV—deceased successful candidates

Application of Part III

18. (1) Where a successful candidate dies on or after polling day but before the declaration of the result of the election, the ballot papers counted for the deceased candidate shall be dealt with in accordance with Part III of this Schedule as if they had been counted for a former MLA.
(2) For the purposes of this Part—
“continuing candidate” means a candidate other than a successful candidate, a candidate who died before the recount for the purposes of this Part commenced or a candidate who is excluded for the purposes of clause 15.

Multiple deaths

19. (1) If 2 or more successful candidates die on or after polling day but before the declaration of the result of the election, the ballot papers counted for each deceased candidate shall be dealt in the order in which the candidates died.
(2) If 2 or more of those successful candidates died at the same time, the Commissioner shall determine by lot the order in which the ballot papers for the deceased candidates are to be dealt with.

NOTE

Act No. 71, 1992 as amended by No. 44, 1993.

note about section headings

On the day on which a section of the Electoral Act 1992 referred to in the following table is amended by this Act, the heading to that section is altered as set out in the following table:

Section Alteration

Omit the heading, substitute the following heading:
Suspension or termination
Omit the heading, substitute the following heading:
Acting Commissioner
Omit “Augmented”, substitute “Augmented Electoral”.
Omit the heading, substitute the following heading:
Meetings of augmented Electoral Commission
Omit “augmented”, substitute “augmented Electoral”.
Omit “augmented”, substitute “augmented Electoral”.
Omit “augmented”, substitute “augmented Electoral”.
Omit “augmented”, substitute “augmented Electoral”.

[Presentation speech made in Assembly on 16 December 1993]