Parliamentary Electorates and Elections Amendment (Method of Voting) Act 1995 (NSW)

New South Wales

Parliamentary Electorates and

Elections Amendment (Method of

Voting) Act 1995 No 54

Contents

Page

1 Name of Act	2
2 Commencement	2
3 Amendment of Parliamentary Electorates and

Elections Act 1912 No 41 2

Schedule 1 Amendments 3

New South Wales

Parliamentary Electorates and

Elections Amendment (Method of

Voting) Act 1995 No 54

Act No 54, 1995

An Act to amend the Parliamentary Electorates and Elections Act 1912 with respect to the use of ticks and crosses on ballot-papers. [Assented to 22 November 1995]

Section 1 Parliamentary Electorates and Elections Amendment (Method of Voting) Act 1995 No 54

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Parliamentary Electorates and Elections

Amendment (Method of Voting) Act 1995.

2 Commencement

This Act commences on the date of assent.

3 Amendment of Parliamentary Electorates and Elections Act

1912 No 41

The Parliamentary Electorates and Elections Act 1912 is amended as set out in Schedule 1.

Parliamentary Electorates and Elections Amendment (Method of Voting) Act 1995 No 54

Amendments Schedule 1

Schedule 1 Amendments

(Section 3)

[1]        Section 122A (Ballot-papers not to be informal in certain circumstances)

Omit section 122A (4). Insert instead:

(4) Notwithstanding anything to the contrary in this Act, a ballot-paper shall not be informal by reason only that the voter has recorded a vote by placing a cross or a tick in a square and not placing any mark or writing in any other square, but the ballot-paper shall be treated as if the cross or tick were the number “ 1 ” .

[2]        Section 122A (5)

Insert “ or a tick” after the words “placing the number ‘ 1 ”".

[3 ]        Section 122A (5)

Insert “ and any such tick were the number '1' after the words

“appear on the ballot-paper” .

[ 4 ]       Section 122A (6 ) and (7 )

Insert after section 122A (5):

(6)

Notwithstanding anything to the contrary in this Act, nothing in this section authorises any person to encourage a voter to place a cross or a tick in a square on a ballot-paper.

Maximum penalty:

(a)	if the person is a corporation-a penalty not exceeding 50 penalty units, or
(b)	in any other case-a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.

Parliamentary Electorates and Elections Amendment (Method of Voting) Act 1995 No 54

Schedule 1	Amendments
(7) Any person who prints, publishes or distributes any “how to vote” card, electoral advertisement, notice, handbill, pamphlet or card which encourages any elector to place a cross or a tick in a square on a ballot-paper, will be liable:

(a)	if the person is a corporation—to a penalty not exceeding 50 penalty units, or
(b)	in any other case—to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding 6 months, or both.

[Minister's second reading speech made in—

Legislative Assembly on 19 September 1995

Legislative Council on 12 October 1995]