Local Government Amendment (Elections) Act 2013 (TAS)

Local Government Amendment (Elections) Act 2013

An Act to amend the Local Government Act 1993

[Royal Assent 20 June 2013]

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 Local Government Amendment (Elections) Act 2013 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Local Government Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of Standards Panel the following definition: Tasmanian Electoral Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004 ; 5Section 44 amended (Term of office) Section 44(1) of the Principal Act is amended by omitting "2 years" and substituting "4 years". 6Section 46 amended (Term of office of councillors) Section 46 of the Principal Act is amended by omitting subsections (2) , (2A) and (2B) . 7Section 46A substituted Section 46A of the Principal Act is repealed and the following section is substituted: 46ATerm of office relating to elections in 2011 The term of office of a councillor elected in the election held in October 2011 in respect of a municipal area is the period concluding on the day on which the certificate of election is issued in respect of the ordinary election due to be held in October 2013 in respect of the municipal area. 8Section 254 amended (Entitlement to vote) Section 254 of the Principal Act is amended by inserting after subsection (2) the following subsection: (2A)  A person is entitled to vote in an election in a municipal area on behalf of a corporate body if a nomination of the person to vote in an election in the municipal area on behalf of the corporate body has effect under section 255 . 9Section 257 substituted Section 257 of the Principal Act is repealed and the following section is substituted: 257Electoral enrolment form (1)  A person who is entitled under section 254(2) to vote in an election in a municipal areamay lodge with the general manager an electoral enrolment form in respect of the municipal area. (2)  An electoral enrolment form lodged under subsection (1) is to be in an approved form. 10Section 268A amended (Closing day and polling period) Section 268A(1) of the Principal Act is amended as follows: (a) by inserting "in any year" after "for an election"; (b) by omitting "any uneven year" and substituting "the year". 11Schedule 5 amended (Office of Councillors) Clause 3(1) of Schedule 5 to the Principal Act is amended by inserting after paragraph (e) the following paragraphs: (ea) is, on the day on which he or she begins to hold that office, a member of the Legislative Council, or the House of Assembly, and is such a member for 30 days continuously during that term of office of the councillor; or (eb) becomes, after the day on which he or she begins to hold that office, a member of the Legislative Council, or the House of Assembly, and is such a member for 12 months continuously during that term of office as a councillor; or 12Repeal of ActThis Act is repealed on the three hundredth and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 16 APRIL 2013

Legislative Council on 22 MAY 2013]