Electoral Amendment (Legislative Council Ballot Papers) Act 2015 (TAS)

Electoral Amendment (Legislative Council Ballot Papers) Act 2015

An Act to amend the Electoral Act 2004

[Royal Assent 8 December 2015]

Be it enacted by Her 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 (Legislative Council Ballot Papers) Act 2015 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Electoral Act 2004 is referred to as the Principal Act. 4Section 77 amended (How and when nomination takes place) Section 77(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) include, if the nomination is for a Council election and subsection (5) does not apply to the nomination, a statement by the person being nominated stating whether or not the person wants the word "independent" to appear on the ballot paper under the person’s name; and 5Section 81 amended (Names of registered parties on ballot papers) Section 81 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3)  If a person is nominated in accordance with section 77(2) for a Council election and has stated in accordance with paragraph (ba) of that section that he or she wants the word "independent" to appear on the ballot paper under his or her name, the word "independent" is to appear on the ballot paper immediately under the name of that candidate. 6Section 98 amended (Design of Council ballot papers) Section 98 of the Principal Act is amended by inserting after subsection (1) the following subsection: (1A)  If any candidate has stated in accordance with section 77(2)(ba) that he or she wants the word "independent" to appear on the ballot paper under his or her name, the word "independent" is to appear on the ballot paper immediately under the name of that candidate. 7Section 244A insertedAfter section 244 of the Principal Act , the following section is inserted in Part 10: 244AApplication of amendments effected by Electoral Amendment (Legislative Council Ballot Papers) Act 2015 The amendments of this Act effected by the Electoral Amendment (Legislative Council Ballot Papers) Act 2015 do not apply to a Council election in respect of which a writ, for the holding of the election, was issued before the commencement of that Act. 8Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

Legislative Council on 25 AUGUST 2015]

House of Assembly on 19 NOVEMBER 2015