Electoral Matters (Miscellaneous Amendments) Act 2023 (TAS)

Electoral Matters (Miscellaneous Amendments) Act 2023

An Act to amend the Electoral Act 2004 and to amend the Constitution Act 1934, and the Legislative Council Electoral Boundaries Act 1995, so as to change the name of the Redistribution Tribunal to the name Tasmanian Augmented Electoral Commission

[Royal Assent 11 December 2023]

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:

PART 1Preliminary1Short titleThis Act may be cited as the Electoral Matters (Miscellaneous Amendments) Act 2023. 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Constitution Act 1934 Amended3The amendments effected by this Part have been incorporated into the authorised version of the Constitution Act 1934. 4The amendments effected by this Part have been incorporated into the authorised version of the Constitution Act 1934. 5The amendments effected by this Part have been incorporated into the authorised version of the Constitution Act 1934. PART 3Electoral Act 2004 Amended6Principal ActIn this Part, the Electoral Act 2004 is referred to as the Principal Act. 7The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 8The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 9The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 10The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 11The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 12The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 13The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 14The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 15The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 16The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 17The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 18The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 19The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 20The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 21The amendments effected by this section have been incorporated into the authorised version of the Electoral Act 2004. 22The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 23The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 24The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 25The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 26The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. 27The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004.

[Commences: 1 July 2025

28Part 7, Division 8 insertedAfter section 200 of the Principal Act, the following Division is inserted in Part 7: Division 8Investigations 200AInterpretation of Division In this Division – relevant document means a document, whether in writing, in electronic form or in another form. 200BPower to require provision of documents and information (1)  If the Commission has reason to believe that a person is in possession of information, or a relevant document, or a thing, that may be relevant to the enforcement of this Act, the Commission may, by notice in writing to the person, require the person to do any one or more of the following: (a) to provide such information as the Commission reasonably requires for the purposes of the enforcement of this Act; (b) to produce to the Commission, at the place and time specified in the notice, any relevant document, or a thing, that the Commission reasonably requires for the purposes of the enforcement of this Act; (c) to answer questions about any matters in respect of which information is reasonably required for the purposes of the enforcement of this Act; (d) to attend at a specified place and time to answer questions under this section, if attendance at that place is reasonably required in order that the questions can be properly put and answered; (e) to make a statement providing an explanation of any relevant document, if the person was a party to the compilation of the relevant document. (2)  The Commission may authorise an inspector to perform or exercise a function or power of the Commission under this section. (3)  The place and time at which a person may be required by a notice under subsection (1) to produce a relevant document, or a thing, or to attend and answer questions, is to be a place and time, specified in the notice, that is reasonable in the circumstances. (4)  A notice under subsection (1) that requires a person to produce a relevant document, or a thing, may only require a person to produce existing documents, or things, that are in the person’s possession or that are within the person’s power to obtain lawfully. (5)  A notice may be given under subsection (1) to a person in respect of a matter even though the person is (or the relevant document, thing or information is held) outside the State, or the matter occurred or is located outside the State, if the matter affects a matter to which this Act relates. (6)  A person is not obliged to provide any information, produce a relevant document, or a thing, answer a question or make a statement under this section unless that person has first been informed by the Commission, or an inspector, that he or she is required to do so. (7)  The Commission may make copies of any relevant documents provided under this section. (8)  The Commission must – (a) return to a person any document, or thing, provided under this section by a person; and (b) destroy a copy of any document provided under this section by a person – as soon as practicable after the document or thing, or the copy, ceases to be required for purposes related to the enforcement of this Act. 200COffences and proceedings in relation to notice (1)  A person must not, without reasonable excuse, fail to comply with a requirement made of the person under section 200B .Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (2)  A person must not provide any document or information, or answer any question, in purported compliance with a requirement made under section 200B, if the person knows, or ought to know, that the document, information or answer is false or misleading in a material particular.Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (3)  In any proceedings for an offence under section 200B, a copy of a document or part of a document made under section 200B(7) is admissible in evidence in those proceedings and, in the absence of evidence to the contrary, the contents of the copy are to be presumed to be the same as those of the original document or part. (4)  Any information provided, answer given or statement made by a person in response to a requirement made under section 200B may not be used in any proceedings against that person, except proceedings under subsection (1) or (2) in relation to that information, answer or statement. (5)  If the Commission has reason to believe that any document or thing provided under section 200B is evidence of an offence against this Act or the regulations, the Commission may retain the document or thing until proceedings for the offence have been heard and determined. 200DAppointment and identification of inspectors (1)  The Commission may appoint any of the following persons as inspectors for the purposes of this Act: (a) a member of staff of the Commission; (b) a person belonging to a class of persons prescribed by the regulations. (2)  The Commission may only appoint a person to be an inspector if the Commission is satisfied that the person – (a) has the necessary expertise or experience to perform and exercise functions and powers under this Act; or (b) has satisfactorily completed training approved by the Commission. (3)  The Commission may revoke the appointment of a person as an inspector. (4)  The Commission is to cause each inspector to be issued with a means of identification in the approved form. (5)  In the course of performing or exercising the functions or powers of an inspector under this Act, the inspector must, if requested to do so by any person affected by the performance or exercise of any such function or power, produce the inspector’s identification for inspection by the person, unless to do so would defeat the purpose for which the functions or powers are to be performed or exercised. (6)  The Commission may enter into an arrangement with the Commissioner of Police for a police officer to perform or exercise the functions or powers of an inspector under this Act. (7)  A police officer who exercises or performs the functions or powers of an inspector in accordance with an arrangement under subsection (6) is taken to be an inspector for the purposes of this Act. (8)  An inspector must, within 14 days after the person’s appointment as an inspector is revoked, return the inspector’s identification to the Commission.Penalty:  Penalty not exceeding 50 penalty units. (9)  A function or power of the Commission under section 200B may be performed or exercised by an inspector authorised under section 200B(2) to perform or exercise the function or power. 200EEntry by inspector, &c., under warrant (1)  An inspector may apply to a magistrate for the issue of a warrant under subsection (4). (2)  An application under subsection (1) for a warrant must be sworn and state the grounds on which the warrant is sought. (3)  A magistrate may refuse to consider an application under subsection (1) until the inspector gives the magistrate, in the manner the magistrate requires, all the information about the application that the magistrate requires. (4)  A magistrate may, on the application under subsection (1) of an inspector, issue a search warrant if the magistrate is satisfied that there are reasonable grounds to suspect that – (a) there may be, at any time within the next 24 hours, at, on or in any land, premises, vessel, aircraft or vehicle, a relevant document, or other thing, that may provide evidence relating to a contravention of this Act; and (b) if a notice under section 200B were given for the production of the relevant document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed. (5)  A search warrant issued to an inspector authorises the inspector, or any other person named in the warrant, with the assistance that the inspector or other person thinks necessary and with reasonable force – (a) to enter on land, or on or into any premises, vessel, aircraft or vehicle, specified in the warrant; and (b) to search the land, premises, vessel, aircraft or vehicle for relevant documents or other things, being documents, or things, of a kind described in the warrant, that may provide evidence relating to a contravention of this Act; and (c) to seize the relevant documents or things. (6)  For the purpose of ascertaining whether this Act is being or has been contravened, an inspector may – (a) in accordance with a warrant issued by a magistrate, at any reasonable time, enter on any land, or on or into any premises, vessel, aircraft or vehicle, at, on or in which the inspector has reasonable grounds to believe relevant documents or things are kept; and (b) request the owner or occupier of any land, premises, vessel, aircraft or vehicle to produce for inspection any relevant documents or things at, on or in the land, premises, vessel, aircraft or vehicle; and (c) request any person employed or engaged at or on any land, premises, vessel, aircraft or vehicle to produce for inspection any relevant documents or things that are in the custody, or under the control, of that person; and (d) examine and inspect any relevant documents or things that are at, on or in any land, premises, vessel, aircraft or vehicle; and (e) copy, or take extracts from, any relevant documents that are at, on or in any land, premises, vessel, aircraft or vehicle. (7)  A person must not – (a) refuse or intentionally delay the admission, to any land, premises, vessel, aircraft or vehicle, of an inspector in the performance or exercise of the inspector’s functions or powers under this section; or (b) intentionally obstruct an inspector in the performance or exercise of the inspector’s functions or powers under this section; or (c) fail to comply with a request of an inspector made under this section. Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (8)  If a document or other thing is seized by a person under a warrant issued under subsection (4)  – (a) the person may retain the document or other thing as long as is reasonably necessary for the purposes of investigating whether a contravention of this Act has occurred; and (b) the person must, as soon as reasonably practicable after the document or other thing is no longer required for the purposes of investigating whether a contravention of this Act has occurred, cause the document or other thing to be delivered to the person who appears to the first-mentioned person to be entitled to the possession of the document or other thing. 200FWarrant by telephone or other electronic means (1)  An inspector may make, by telephone, facsimile or other electronic means, an application under section 200E(1) to a magistrate for the issue of a warrant under section 200E(4)  – (a) in any urgent case; or (b) if the delay that would occur if the application were made in person would frustrate the effective execution of the warrant. (2)  A magistrate to whom an application in accordance with subsection (1) is made by an inspector may require the inspector to communicate by voice to the extent that is practicable in the circumstances. (3)  If an application is made in accordance with subsection (1) to a magistrate and the magistrate, after considering the information that is provided by the inspector in support of the application or that the magistrate requires, is satisfied that the grounds for the issue of the warrant specified in section 200E(4) are made out and – (a) a warrant in the terms of the application should be issued urgently; or (b) the delay that would occur if the application were made in person would frustrate the effective execution of the warrant – the magistrate may issue the warrant under section 200E(4) by completing and signing the same form of warrant that would be issued under section 200E(4). (4)  If the magistrate decides to issue the warrant for which an application is made in accordance with subsection (1) by an inspector – (a) the magistrate is to inform the inspector, by telephone, facsimile or other electronic means, of the terms of the warrant and the day on which, and the time at which, the warrant was signed; and (b) the inspector is to complete a form of the warrant in terms substantially corresponding to the terms of which the inspector was informed by the magistrate and to state on the form the name of the magistrate and the day on which, and the time at which, the warrant was signed. (5)  The inspector to whom a warrant is issued pursuant to an application made under subsection (1) is to, no later than the day after the day on which the warrant expires or is executed, whichever occurs first, give or transmit to the magistrate – (a) the form of warrant completed by the inspector; and (b) if the information on the basis of which the warrant was issued was not sworn by the inspector, that information duly sworn. (6)  The magistrate is to attach to the documents provided under subsection (5) the form of warrant completed by the magistrate and to return the documents and form to the inspector to whom the warrant was issued. (7)  If – (a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under section 200E(4) in accordance with this section was duly authorised; and (b) the form of warrant signed by the magistrate that issued the warrant is not produced in evidence – the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

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29The amendment effected by this section has been incorporated into the authorised version of the Electoral Act 2004. PART 4Legislative Council Electoral Boundaries Act 1995 Amended30The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 31The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 32The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 33The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 34The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 35The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 36The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 37The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 38The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 39The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 40The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 41The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 42The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 43The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 44The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 45The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 46The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 47The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 48The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 49The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 50The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 51The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 52The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 53The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 54The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 55The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 56The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 57The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 58The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 59The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 60The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 61The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 62The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 63The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 64The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 65The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 66The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 67The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 68The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 69The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 70The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 71The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 72The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 73The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. 74The amendments effected by this Part have been incorporated into the authorised version of the Legislative Council Electoral Boundaries Act 1995. PART 5Concluding Provision75Repeal of ActThis Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.