Electoral Amendment Act 2012 (TAS)

Electoral Amendment Act 2012

An Act to amend the Electoral Act 2004

[Royal Assent 6 December 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Electoral Amendment Act 2012 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Principal ActIn this Act, the Electoral Act 2004 is referred to as the Principal Act. 4Section 4 amended (Electoral matter) Section 4(2) of the Principal Act is amended as follows: (a) by inserting in paragraph (a)(v) "or intending candidate" after "candidate"; (b) by inserting in paragraph (a)(v) "or intending candidates" after "candidates"; (c) by inserting in paragraph (b)(i) "or intending candidate" after "candidate"; (d) by inserting in paragraph (b)(ii) "or intending candidate" after "a candidate"; (e) by inserting in paragraph (b)(ii) "or intending candidate" after "such candidate". 5Section 28 amended (Returning officer or election official to cease to hold office on becoming a candidate) Section 28 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "becomes an intending candidate or" after "official"; (b) by inserting in subsection (2) "who becomes an intending candidate or" after "A person"; (c) by inserting in subsection (2) "became an intending candidate or" after "the person". 6Part 6, Division 1: Heading amended Division 1 of Part 6 of the Principal Act is amended by inserting in the heading to that Division "or intending candidate’s" after "Candidate’s". 7Section 158 amended (Election agent) Section 158 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or intending candidate" after "candidate"; (b) by inserting in subsection (2) "or intending candidate" after "candidate"; (c) by inserting in subsection (3) "or intending candidate" after "candidate"; (d) by inserting in subsection (4) "or intending candidate" after "a candidate"; (e) by inserting in subsection (4) "or intending candidate" after "that candidate". 8Section 159 amended (Who may incur expenditure) Section 159 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or intending candidate" after "than a candidate"; (b) by inserting in subsection (1) "or intending candidate" after "of a candidate"; (c) by inserting in subsection (1) "or intending candidate" after "the candidate"; (d) by inserting in subsection (2) "or intending candidate" after "a candidate"; (e) by inserting in subsection (2) "or intending candidate" after "the candidate"; (f) by inserting in subsection (3) "or intending candidate" after "candidate"; (g) by inserting in subsection (3) “or intending candidate’s” after “candidate’s”. 9Section 162 amended (Party not to incur election expenditure) Section 162 of the Principal Act is amended as follows: (a) by inserting "or intending candidate" after "a candidate"; (b) by inserting "or intending candidate" after "the candidate"; (c) by inserting "or intending candidate" after "endorsed candidate". 10Section 181 amended (Offence to fail to vote) Section 181 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection: (3)  Proceedings for an offence under subsection (1)  – (a) may be instituted only by the Commission or the Director of Public Prosecutions; and (b) may be instituted within the period of 12 months from the polling day of the election in respect of which the offence occurred. 11Schedule 3 amended (Printing and collation of ballot papers) Schedule 3 to the Principal Act is amended as follows: (a) by omitting from clause 1A(3) " clauses 2 , 3 , 4 and 5 " and substituting " clauses 2 , 3 and 4 "; (b) by omitting clause 5 . 12Repeal of ActThis Act is repealed on the ninetieth day from the day on which all of the provisions of this Act commence.

[Second reading presentation speech made in:

House of Assembly on 24 OCTOBER 2012

Legislative Council on 15 NOVEMBER 2012]