Parliamentary Electorates and Elections (Amendment) Act 1973 (NSW)
PARUAMENTARY ELEaORATES AND ELECTIONS
(AMENDMENT) ACT.
iSeto ^outl) Wales!
fSWi
ANNO VICESIMO SECUNDO
ELIZABETHS II BEGINS
Act No. 44, 1973.
An Act to increase the number of members of the Legislative Assembly; to make further provisions with respect to the number and distribution of electoral districts in New South Wales and with respect to the conduct of elections; for these and other purposes to amend the Parliamentary Electorates and Elections Act, 1912; and for purposes connected therewith. [Assented to, 8th May, 1973.]
BE
Parliamentary Electorates and Elections (Amendment).
O E it enacted by the Queen’s Most Excellent Majesty, by No. 44,1973
" and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —
1. This Act may be cited as the “Parliamentary Electorates Short
and Elections (Amendment) Act. 1973”.
2. ( 1 ) The Parliamentary Electorates and Elections Act, Amendment
1912, is amended—
| (a) | by omitting from section 4 the word “ninety-six” Sec. 4. | |
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Assembly.)
| (b) | by omitting from section 5 the word “ninety-six” Sec. 5. | |
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| (c) | by omitting section 13 and by inserting instead the Subst. following section :— | |
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(2) The first distribution after the com mencement of the Parliamentary Electorates and Elections (Amendment) Act, 1973, shall com mence upon the day on which the names of the persons appointed as Electoral Districts Commis sioners are published in the Gazette pursuant to subsection ( 3 ) of section 6, that day being a day within six months after the date of assent to that Act has been signified.
(3) Subsequent distributions shall com mence upon the expiration of six years from the date on which the last preceding distribution commenced.
(d )
Parliamentary Electorates and Elections (Amendment).
| No. 44, 1973 | (d) (i) by omitting from section 17a (1) the word |
| Sec. 17a. | “ninety-six” wherever occurring and by |
| (Method of | inserting instead the word “ninety-nine” ; |
| distribution, |
| &c.) | (ii) by omitting from section 17a the word “sixty- three” wherever occurring and by inserting instead the word “sixty-six” ; | |
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(2) For the purposes of the first distribution of elec toral districts after the date of assent to this Act and of any matters necessary or incidental to that distribution the amend ments made by subsection (1) shall commence upon that date.
(3) Upon the day upon which the proclamation in respect of the first distribution of electoral districts referred to in subsection (2) is published in the Gazette pursuant to section 15 (2) of the Parliamentary Electorates and Elections Act, 1912, the amendments made by subsection (1) (c) and (d) shall come into force for all purposes.
(4) The amendments made by subsection (1) (a) and (b) shall apply to and in respect of, and shall come into force for all purposes as on and from, the general election next following the day upon which the proclamation referred to in subsection (3) is published in the Gazette.
| Further | 3. The Parliamentary Electorates and Elections Act, |
ofActNo"* 1912, is further amended—
41, 1912. '
| Sec. 75. | ( a ) | (i) by omitting from section 75 the words “, and |
| (Returning |
| officers for | every such appointment shall be notified in the |
| districts.) | Gazette” ; |
f i i l
Parliamentary Electorates and Elections {Amendment).
(ii) by inserting in section 75 after the word No. 44,1973 “stead.” the following new paragraphs :—
Any appointment made by the Governor under this section may be terminated by the Governor on the recommendation of the Public Service Board.
Every appointment made by the Governor under this section and every termination of such an appointment shall be notified in the Gazette.
(iii) by inserting in section 75 after the word “election” where secondly occurring the words “or to act as clerical assistants to assist the returning officer in the performance of his duties” ;
| (b) | by inserting in section 75a after the words “poll Sec. 75a. | |
|
| . | „ | ° | tion of |
| assistant | ; | returning officers, &c.) |
| (c) | (i) | by inserting in section 88 (1) after the words Sec. 88. “and poll clerk” the words “and clerical (Returning |
| acsistan t” - officers, etc., | ||
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declara-
(ii) by inserting in section 88 (1) after the words tions.)
| “or poll clerk,” the words “or clerical assistant,” ; |
| (d) | by omitting section 114f (1) and by inserting Sec. ii4f. | |
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| ( 1 ) | The returning officer shall— | certificates.) |
| (a) | number all applications for postal vote certificates and postal ballot-papers received by him in consecutive order in respect of each subdivision of an electoral district (whether or not it is a subdivision of the electoral district for which he is the returning officer) to which they relate; |
(b)
Parliamentary Electorates and Elections {Amendment).
| No. 44, 1973 | (b) | prefix each number given to an applica tion under paragraph (a) with other numbers identifying the electoral district and subdivision thereof to which it relates; and |
| (c) | number each postal vote certificate issued pursuant to such an application with numbers corresponding to the numbers endorsed on the application pursuant to paragraphs (a) and (b). |
| Sec. 122a, | (e) by inserting at the end of section 122a the following |
| (Ballot- | new subsection :— |
| papers | |
| not to be | |
| informal in | (3) Notwithstanding anything to the con by reason only of the fact that it is not duly signed or initialled by the presiding officer if it bears such mark as is prescribed as an official mark. |
| certain | |
| circum | trary in this Act, a ballot-paper shall not be informal |
| stances.) |
| Sec. 130. | (f) by omitting from section 130 (3) the word “seven” |
| (When |
| polling | and by inserting instead the word “twenty-one” ; |
| may be adjourned.) |
| Subst. | (g) by omitting section 131a and by inserting instead |
| sec. 131a. | the following section :— |
| Votes at | 131a. Where the poll has been adjourned at one or more booths within a subdivision or subdivisions within an electoral district, only those electors who are enrolled for the subdivision or subdivisions within which the booth or booths is or are situated shall be entitled to vote as provided in this Aet at the adjourned poll. |
| adjourned | |
| poll. |
| Sec. 135. | (h) by inserting in section 135 after the words “poll |
| (Violation ol |
| secrecy by | clerk,” wherever occurring the words “clerical |
| officers, &c.) | assistant” ; |
(i)
Parliamentary Electorates and Elections (Amendment).
( i ) by inserting next after section 15I d the fo llo w in g No. 44, 1973 new section
151e .
| 151 e . | ( 1 ) | Any person who prints, publishes or Name and |
distributes any matter, being an advertisement, “how amhofand
to vote” card, handbill, pamphlet, poster, or notice, printer to
containing any electoral matter as defined in section q®
151 b (other than the announcement in a newspaper advertise-
of the holding of a meeting), without—
| (a) | the name and address of the person on whose instructions the matter was printed; and |
| (b) | the name of the printer and address at which it was printed, |
being printed in legible characters thereon, shall be guilty of an offence and liable to a penalty not exceeding five hundred dollars or to imprisonment for a term not exceeding six months.
(2) Where a newspaper contains an adver tisement referred to in subsection (1) and the name of the printer of the newspaper and the address at which it was printed appear on the newspaper in accordance with any Act, subsection ( 1 ) does not apply so as to require that name and address to be printed on the advertisement.
| (j) by omitting section 162. | Sec. 162. (Production of postal vote certificate, &c.) |
PREVENTION
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