Electoral Legislation Amendment Act 2012 (ACT)

Case

Electoral Legislation Amendment Act 2012

A2012-1

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Electoral Act 1992

4            Notice of registered deathsSection 68  3

5            Section 75 heading  3

6            Section 75 (1) (a)  3

7           Section 113  3

8            Section 121  4

9            Section 121A heading  5

10          Section 121A (1), definition of protected information  5

11          Meaning of authorised witnessSection 127  6

12          Requirements for casting postal votesSection 144A (2) and note  6

13          Assistance to votersSection 156 (2) (a)  6

14          Activities of campaign committeesSection 200 (1)  7

15          Immaterial delays and errorsSection 268 (1) (b)  7

16          Correcting delays, errors and omissionsSection 332 (1)  7

17          Dictionary, definition of authorised witness  7

18          Dictionary, definition of certified list of electors  8

19          Dictionary, definition of declaration voting papers, paragraph (c)            8

Part 3Electoral Regulation 1993

20          Declaration ballot papersSection 5A  9

Schedule 1Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments 10

Electoral Legislation Amendment Act 2012

A2012-1

An Act to amend the Electoral Act 1992, and for other purposes

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

Part 1Preliminary

  1. Name of Act

    This Act is the Electoral Legislation Amendment Act 2012.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Electoral Act 1992 and the Electoral Regulation 1993.

    NoteThis Act also amends the Aboriginal and Torres Strait Islander Elected Body Act 2008 (see sch 1).

Part 2Electoral Act 1992

  1. Notice of registered deaths
    Section 68

    omit

    17 years or older

    substitute

    16 years or older

  2. Section 75 heading

    substitute

  3. Age 16 enrolment

  4. Section 75 (1) (a)

    omit

    17 years old

    substitute

    16 years old

  5. Section 113

    substitute

  6. Deposit—return or forfeiture

    (1)This section applies to a deposit paid in relation to the nomination of a candidate for election.

    (2)The deposit must be returned to the person who paid the deposit, or someone else authorised in writing by the person, if—

    (a)the candidate is elected; or

    (b)the candidate is excluded from the poll under schedule 4 but the candidate’s total votes at the time of exclusion are at least 20% of the quota for the election; or

    (c)the candidate is not elected or excluded but at any stage of the counting the candidate’s total votes are at least 20% of the quota for the election; or

    (d)the nominee dies before the candidates are declared for the election; or

    (e)the candidate dies before polling day.

    (3)If subsection (2) does not apply, the deposit is forfeited to the Territory when the result of the election is declared.

  7. Section 121

    substitute

  8. Certified extracts and certified lists of electors

    (1)As soon as practicable after the roll for an electorate closes, the commissioner must—

    (a)prepare—

    (i)a certified extract of electors; and

    (ii)a certified list of electors; and

    (b)give a copy of the certified list to the OIC for each polling place; and

    (c)on request by a candidate for the electorate—give a copy of the certified extract to the candidate.

    (2)For subsection (1) (c), the candidate may ask for, and the commissioner may give, the certified extract in either electronic or paper form.

    (3)In this Act:

    certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each elector enrolled who will be at least 18 years of age on polling day.

    certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains—

    (a)a certified extract of electors; and

    (b)each elector’s year of birth and gender.

  9. Section 121A heading

    substitute

121AUse of information from certified extracts or certified lists

  1. Section 121A (1), definition of protected information

    substitute

    protected information, in relation to a person, means information that the person knows, or has reasonable grounds for believing, was obtained from either of the following, given to the person or someone else under section 121 (1):

    (a)a copy of a certified extract of electors;

    (b)a copy of a certified list of electors.

  2. Meaning of authorised witness
    Section 127

    omit

  3. Requirements for casting postal votes
    Section 144A (2) and note

    substitute

    (2)To cast a postal vote, the person must—

    (a)complete and sign the declaration; and

    (b)mark the person’s vote on the ballot paper; and

    (c)fold the ballot paper, place it in the envelope addressed to the commissioner and fasten the envelope; and

    (d)either—

    (i)post the envelope and contents to the commissioner before polling day; or

    (ii)give the envelope and contents to the commissioner or another officer by polling day.

    NoteFor restrictions on sending completed ballot and voting papers by fax, see s 329.

  4. Assistance to voters
    Section 156 (2) (a)

    omit

    or, if there is no such nominee, an authorised witness

  5. Activities of campaign committees
    Section 200 (1)

    after

    taken to be

    insert

    received,

  6. Immaterial delays and errors
    Section 268 (1) (b)

    omit

    certified lists of electors

    substitute

    certified extracts of electors

  7. Correcting delays, errors and omissions
    Section 332 (1)

    after

    roll,

    insert

    certified extract of electors,

  8. Dictionary, definition of authorised witness

    omit

  9. Dictionary, definition of certified list of electors

    substitute

    certified extract of electors, for an election in an electorate—see section 121.

    certified list of electors, for an election in an electorate—see section 121.

  10. Dictionary, definition of declaration voting papers, paragraph (c)

    substitute

    (c)for declaration voting papers other than for postal voting—a certificate, in the form approved under section 340A for this paragraph, to be completed by a witness to the declaration; and

Part 3Electoral Regulation 1993

  1. Declaration ballot papers
    Section 5A

    omit

    above

    substitute

    next to


Schedule 1Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments

(see s 3)

[1.1]Schedule 1, part 1.2
Modification 1.7 heading

substitute

[1.7]Candidates to be nominated
Section 105 (2), (2A) and (3)

[1.2]Schedule 1, part 1.2
Modification 1.30 heading

substitute

[1.30]Certified list of electors
Section 121 (1) (c) and (2)

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 31 March 2011.

  2. Notification

    Notified under the Legislation Act on 28 February 2012.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Electoral Legislation Amendment Bill 2012, which originated in the Legislative Assembly as the Electoral Legislation Amendment Bill 2011 and was passed by the Assembly on 16 February 2012.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2012

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