2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Electoral Act 1992 and the Referendum (Machinery Provisions) Act 1994, and for other purposes

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

This Act is the Electoral Legislation Amendment Act 2007.

This Act commences on the day after its notification day.

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

This Act amends the Electoral Act 1992.

Note This Act also amends the following legislation:

• Electoral Regulation 1993 (see sch 2)

• Referendum (Machinery Provisions) Act 1994 (see sch 3).

• s 292 (Dissemination of unauthorised electoral matter)

• s 296 (Advertorials)

• s 315A (Ballot papers—photographs)

(3) However, a publication of the Assembly (including a committee of the Assembly) is not electoral matter.

; and

; or

(3) A claim must be—

(a) signed as required for an enrolment claim under the Commonwealth Electoral Act; and

(b) given to the commissioner.

Note 1 If a form is approved under s 340A for a claim, the form must be used.

Note 2 For how documents may be given, see the Legislation Act, pt 19.5.

(4) The identity of the claimant must be verified in the same way as the identity of a claimant for an enrolment under the Commonwealth Electoral Act must be verified.

In this part:

address of a person who is, or is nominated to be, the registered officer of a political party means—

(a) the person’s home address; or

(b) the person’s business address (other than a post office box); or

(c) an address of the party (other than a post office box).

related—2 political parties are taken to be related if—

(a) one is a part of the other; or

(b) both are parts of the same political party.

(g) if the party’s name, or any abbreviation of the party’s name that the party intends to use for this Act, includes the name of a particular living person—be accompanied by a written notice, signed by the person, that—

(i) states an address for the person or indicates that the person’s address is suppressed; and

(ii) states that the person consents to the use of the person’s name in the party’s name or abbreviation.

(1A) However, a notice is not required under subsection (1) (g) if the use of the person’s name in the party’s name or abbreviation does not suggest that there is a connection between the party and the person.

a name that suggests the party is opposed to the named person

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b) state that a copy of each of the following is available for public inspection at the commissioner’s office:

(i) the application;

(ii) the party’s constitution;

(iii) if the application was accompanied by a notice under section 89 (1) (g)—the notice; and

(5) The commissioner must make a copy of each of the following available for public inspection at the commissioner’s office:

(a) the application;

(b) the party’s constitution;

(c) if the application was accompanied by a notice under section 89 (1) (g)—the notice.

(d) the party’s name, or any abbreviation of the party’s name that the party intends to use for this Act, includes the name of a particular living person and the application is not accompanied by the notice (if required) under section 89 (1) (g).

(1) The commissioner may approve 1 or more computer programs for any of the following:

(a) to allow electronic voting in an election;

(b) to perform steps in the scrutiny of votes in an election.

(2) The commissioner may approve a program under subsection (1) (a) only if the program will—

(a) allow an elector to show consecutive preferences starting at ‘1’; and

(b) give an elector an opportunity to correct any mistakes before processing the elector’s vote; and

(c) allow an elector to make an informal vote showing no preference for any candidate; and

(d) not allow a person to find out how a particular elector cast his or her vote.

(2A) The commissioner may approve a program under subsection (1) (b) only if—

(a) the proper use of the program would give the same result in the scrutiny of votes in an election as would be obtained if the scrutiny were conducted without using the program; and

(b) the program—

(i) will not allow a person to find out how a particular elector cast his or her vote; and

(ii) is designed to pause while the commissioner makes a determination by lot required by schedule 4; and

(iii) can produce indicative distributions of preferences at any time after the close of the poll and before the declaration of the poll.

(1) In this section:

eligible elector, for an election, means an elector who is entitled to vote at the election and—

(a) who expects to be unable to attend—

(i) at a polling place on polling day; or

(ii) at a place where a vote may be made before an officer under section 136B before polling day; or

(b) whose address is a suppressed address.

(2) An eligible elector for an election (or a person authorised by the eligible elector) may apply to an authorised officer for declaration voting papers for postal voting (postal voting papers) for the election.

(2A) The application may be made orally or in writing.

(2B) The application must include a declaration that the applicant is an eligible elector for the election.

(2C) The application must be received by an authorised officer before 8 pm on the day before polling day.

from a person claiming to be an eligible voter

from, or on behalf of, a person claiming to be an eligible elector

(1) In this section:

eligible elector, for an election, means an elector who is entitled to vote at the election and—

(a) who expects to be unable to attend at a polling place on polling day; or

(b) whose address is a suppressed address.

relevant period means the period—

(a) beginning on the 3rd Monday before polling day or, if that Monday is a public holiday in the ACT, the next business day; and

(b) ending at 8 pm on the day before polling day.

(5) If this section applies, the officer must issue a ballot paper for the relevant electorate to the person if satisfied that the certified list of electors for the electorate—

(a) states the person’s name; and

(b) states an address for the person or indicates that the person’s address is suppressed; and

(c) has not been marked so as to indicate that a ballot paper has already been issued to the person.

a claimant

the person

elector

person

elector

person

(19) If an authorised officer issues declaration voting papers to the person, the officer must—

(a) give the person a written statement indicating the consequences of casting a declaration vote under this section; and

(b) record the person’s name.

Note If a form is approved under s 340A for a statement, the form must be used.

elector

person

(1) In this section:

eligible elector, for an election, means an elector who is entitled to vote at the election and—

(a) who expects to be unable to attend at a polling place on polling day; or

(b) whose address is a suppressed address.

relevant period means the period—

(a) beginning on the 3rd Monday before polling day or, if that Monday is a public holiday in the ACT, the next business day; and

(b) ending at 6 pm in the ACT on polling day.

elector

person

claimant

person

elector

person

(1A) A person commits an offence if the person—

(a) applies for declaration voting papers for postal voting for an election for someone else; and

(b) does not have the other person’s consent to make the application.

Maximum penalty: 30 penalty units.

(c) state the time and place for a recount, if required under section 194, of the ballot papers counted for the former MLA at the last election at which he or she was elected.

(2) If there is more than 1 candidate in relation to a casual vacancy, the commissioner must, after making a declaration under section 193 (1) (a), conduct the recount in accordance with schedule 4, part 4.3.

(2A) The recount must be conducted, as far as practicable, at the time and place stated for the recount in the notice under section 191 (2).

fundraising event means any of the following held to raise funds:

(a) a breakfast, lunch or dinner;

(b) a morning tea, afternoon tea, barbecue or cocktail party;

(c) an auction (including a dutch auction);

(d) a raffle or lucky envelope sale;

(e) a game or quiz night;

(f) a tipping competition;

(g) a concert;

(h) a theatre party;

(i) a fair or fete;

(j) a conference or seminar;

(k) a tour or trip;

(l) a ball or dance;

(m) an art, craft or fashion exhibition;

(n) an event in which fundraising participants are sponsored by someone else;

(o) a meeting of 2 or more people where at least 1 person has paid to attend the meeting;

(p) any other event prescribed by regulation.

(a) means a disposition of property made by a person to someone else without consideration in money or money’s worth or with inadequate consideration; and

(b) includes—

(i) the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; and

(ii) a payment made at or for a fundraising event;

(iii) a subscription paid to an associated entity by a person in relation to the person’s membership of the entity; but

(c) does not include—

(i) a disposition of property under a will; or

(ii) a payment under division 14.3 (Election funding); or

(iii) a subscription paid to a party by a person in relation to the person’s membership of the party; or

(iv) for division 14.4 (Disclosure of gifts) and in relation to a candidate—a gift made to or received by the candidate for the benefit of a party of which the candidate is a member.

division 14.4 (Disclosure of donations)

division 14.4 (Disclosure of gifts)

non-party group,

agents

reporting agents

non-party group and

For this division, an eligible vote cast for a party candidate is taken to be cast for the party and not for the candidate.

, non-party group

and was not a member of a non-party group

(2) If a candidate mentioned in subsection (1) was not endorsed by a party for the election, the payment may be made to the legal personal representative of the candidate.

(1) This section applies to a candidate in an election who was not an MLA immediately before polling day for the election.

(2) The reporting agent for the candidate must give the commissioner a return within 8 weeks after polling day for the election.

Note 1 If a form is approved under 340A for a return, the form must be used.

Note 2 For how a return may be given, see the Legislation Act, pt 19.5.

(3) The return must state the following matters in relation to the disclosure period for the election:

(a) the total amount of all gifts received by the candidate;

(b) if the sum of all gifts received by the candidate from a particular person or organisation is $1 500 or more—

(i) the amount of the sum; and

(ii) the defined details.

(4) In working out the sum for subsection (3) (b), an amount of $100 or less received at or for a fundraising event need not be counted.

(5) If no gifts of a kind required to be disclosed were received by the candidate, the return must include a statement to that effect.

(6) In this section:

gift does not include a gift that—

(a) is made in a private capacity to the candidate for the candidate’s personal use; and

(b) the candidate has not used, and will not use, solely or substantially for a purpose related to an election.

non-party group,

gift

loan

(1) This section applies if a person (other than a party, candidate or associated entity) (the first person)—

(a) incurs expenditure of $1 500 or more for a political purpose during the disclosure period for an election; and

(b) receives from someone else 1 or more gifts totalling $1 500 or more all or part of each of which was used by the first person to—

(i) enable the first person to incur expenditure for a political purpose during the disclosure period; or

(ii) reimburse the first person for incurring expenditure for a political purpose during the disclosure period.

(2) The first person must give the commissioner a return within 8 weeks after polling day for the election.

Note 1 If a form is approved under s 340A for a return, the form must be used.

Note 2 For how a return may be given, see Legislation Act, pt 19.5.

(3) The return must state the following matters in relation to the disclosure period:

(a) the total amount of all gifts mentioned in subsection (1) (b) received by the first person;

(b) if the sum of all gifts mentioned in subsection (1) (b) received by the first person from a particular person or organisation is $1 500 or more—

(i) the amount of the sum; and

(ii) the defined details.

(5) A person incurs expenditure for a political purpose if the person incurs expenditure in relation to—

(a) publishing electoral matter (including publishing by radio or television); or

(b) otherwise publishing a view on an issue in an election; or

(c) making a gift to a candidate, party or associated entity; or

(d) making a gift to a person on the understanding that the person or another person will apply, directly or indirectly, the whole or part of the gift in a way mentioned in paragraph (a), (b) or (c).

(6) A person is taken to have incurred expenditure for a political purpose if, during the disclosure period for an election, the person incurs expenditure in relation to that or any other election.

(7) In this section:

gift does not include a payment of $100 or less made at or for a fundraising event.

(1) This section applies if, during the disclosure period for an election, a person (other than a party, candidate or associated entity) makes 1 or more gifts totalling $1 500 or more to the same candidate in the election or the same declared body.

(2) The person must give the commissioner a return within 8 weeks after polling day for the election.

Note 1 If a form is approved under s 340A for a return, the form must be used.

Note 2 For how a return may be given, see Legislation Act, pt 19.5.

(3) The return must state the following matters for each candidate or declared body to which the person made gifts mentioned in subsection (1):

(a) the total amount of the gifts;

(b) the defined details.

(4) The commissioner may declare a person or body (whether incorporated or not) for this section if the commissioner believes on reasonable grounds, that it is a function of the person or body to incur electoral expenditure or to give gifts (directly or indirectly) to candidates.

(5) The declaration of a person or body is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(6) In this section:

declared body means a person or body declared in accordance with subsection (4).

gift does not include—

(a) a gift that—

(i) is made in a private capacity to a candidate, or to a declared body that is an individual, for the candidate’s or body’s personal use; and

(ii) the candidate or body has not used, and will not use, solely or substantially for a purpose related to an election; or

(b) a payment of $100 or less made at or for a fundraising event.

the relevant period

16 weeks

$1 000

$1 500

the relevant period

16 weeks

(6) In this section:

gift does not include—

(a) a gift that—

(i) is made in a private capacity to an MLA for the MLA’s personal use; and

(ii) the MLA has not used, and will not use, solely or substantially for a purpose related to an election; or

(b) a payment of $100 or less made at or for a fundraising event; or

(c) a gift made by a party, MLA, candidate or associated entity.

or MLA

, MLA or associated entity

section 221A (Annual returns of donations)

section 221A (Annual returns of gifts)

(1) A party, MLA, candidate or associated entity (the receiver) must not accept an anonymous gift made by someone else (the giver) to or for the benefit of the receiver if the gift—

(a) is $1 500 or more; or

(b) would result in the receiver accepting $1 500 or more in anonymous gifts to or for the benefit of the receiver in the financial year in which the gift is given.

non-party group or

non-party group,

anonymous gift—a gift is an anonymous gift unless—

(a) the receiver knows the defined details of the gift; or

(b) both the following apply:

(i) the giver tells the receiver the defined details of the gift before the gift is made;

(ii) when the gift is made, the receiver has no grounds for believing that the defined details given by the giver are not true.

(a) includes a gift made on behalf of the members of an unincorporated association; but

(b) does not include a payment of $100 or less made at or for a fundraising event.

newspaper or periodical

news publication

printed

, non-party group

15 weeks

8 weeks

15 weeks

8 weeks

non-party group,

15 weeks

8 weeks

newspaper or periodical

news publication

$1 000

$1 500

(ca) for a sum received by or for a party or associated entity—whether or not the sum is a gift, and if it is not a gift, the purpose for which the sum was given; and

newspaper or periodical

news publication

(e) producing any electoral matter to which section 292 (Dissemination of unauthorised electoral matter) applies;

(6A) However, subsection (4) (b) or (c) does not require disclosure of any amount paid, or to be paid, using funds provided to an MLA by the Legislative Assembly.

(1) The reporting agent of a party or MLA must, within 8 weeks after polling day for a general election, give the commissioner a return for the period beginning on 1 July in the year in which the election is held and ending at the end of the 30th day after polling day for the election.

Note If a form is approved under s 340A for a return, the form must be used.

(2) The return must include the particulars required to be included in a return under section 230 for the period.

(1) This section applies if an entity is an associated entity at any time during the period beginning on 1 July in a year in which a general election is held and ending at the end of the 30th day after polling day for the election.

(2) The entity’s financial controller, must within 8 weeks after polling day for the election, give the commissioner a return for the period.

Note If a form is approved under s 340A for a return, the form must be used.

(3) The return must include the particulars required to be included in a return under section 231B for the period.

(1) If the sum of all amounts received by, or on behalf of, a party, MLA or associated entity (the receiver) from a particular person or organisation during a financial year is $1 500 or more, the return by the receiver under section 230 or section 213B must state—

(a) the amount of the sum; and

(b) the defined details.

(2) In working out the sum, the following amounts need not be counted:

(a) an amount of $100 or less received at or for a fundraising event;

(b) for an associated entity licensed under the Liquor Act 1975—an amount received that—

(i) is for the supply of liquor or food in accordance with the licence; and

(ii) is not more than reasonable consideration for the supply;

(c) for an associated entity licensed under the Gaming Machine Act 2004—an amount received for the playing of gaming machines in accordance with the licence;

(d) an amount prescribed by regulation.

division 14.4 (Disclosure of donations)

division 14.4 (Disclosure of gifts)

(2) A copy of a return under any of the following provisions must be made available for public inspection from the beginning of the 12th week after polling day for the election to which the return relates:

(a) division 14.4 (other than section 221A (Annual returns of gifts));

(b) division 14.5;

(c) section 231A (Interim returns by parties and MLAs—election years);

(d) section 231C (Interim returns by associated entities—election years).

(3) A copy of a return under any of the following provisions must be made available for public inspection from the beginning of December in the year in which the return was due:

(a) section 221A;

(b) division 14.6 (other than section 231A and section 231C).

(3A) If the commissioner receives a return after it is required to be made available for public inspection under this section, the commissioner must make the return available for public inspection as soon as practicable.

donation

gift

gift—see section 198.

newspaper or periodical

news publication

(1) A person commits an offence if—

(a) the person disseminates electoral matter; and

(b) the matter does not include—

(i) the name of the person who authorised the matter or its author; and

(ii) a statement to the effect that the named person authorised, or is the author of, the matter; and

(iii) if the matter is published for a registered party, a candidate for election or a person who has publicly indicated that he or she intends to be a candidate for election—a statement to the effect that the matter is published for the party, candidate or person.

Maximum penalty: 10 penalty units.

(2) In this section:

statement means a statement in a form in which the matter is disseminated.

Electoral matter disseminated in sound and video form could state the authoriser’s name in sound or on-screen printed form.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) Section 292 does not apply to the dissemination of electoral matter contained in reportage or commentary in a particular news publication if the publication includes a statement to the effect that a person named in the statement has authorised publication of all electoral matter contained in reportage or commentary in the publication.

(2) Section 292 does not apply to the dissemination of electoral matter contained in a letter to the editor in a particular news publication if—

(a) the author’s name and the place where the author lives are stated at the end of the letter; and

(b) the publication includes a statement to the effect that a person named in the statement has authorised publication of all electoral matter contained in letters to the editor in the publication.

(3) For subsection (2) (a), it is sufficient to identify where the author lives by reference to—

(a) the suburb or town of, or nearest to, the author’s residence; and

(b) if the residence is outside the ACT—the State, other Territory or other country of the residence.

(4) In this section:

letter to the editor includes electronic commentary of a similar kind.

(1) Section 292 does not apply to the dissemination of electoral matter on any of the following items unless the item includes a representation of a ballot paper:

(a) a letter from an MLA that includes the name of the MLA and an indication that he or she is an MLA;

(b) a press release published by or for an MLA that includes the name of the MLA and an indication that he or she is an MLA;

(c) a report under the Annual Reports (Government Agencies) Act 2004;

(d) a publication of a government agency that includes—

(i) the name of the agency; and

(ii) the City of Canberra Arms; and

(iii) the words ‘Australian Capital Territory’, ‘Australian Capital Territory Legislative Assembly’, ‘ACT Legislative Assembly’, ‘Australian Capital Territory Government’ or ‘ACT Government’;

(e) a business or visiting card that promotes the candidacy of a person in an election;

(f) a letter or card on which the name of the sender appears;

(g) a bumper sticker;

(h) a T-shirt;

(i) a badge or button;

(j) a pen or pencil;

(k) a balloon;

(l) any other item that does not contain more than 10 words and is not in a news publication;

(m) an item prescribed by regulation.

(2) In this section:

City of Canberra Arms—see the City of Canberra Arms Act 1932, section 4.

government agency means—

(a) an administrative unit; or

(b) a Territory instrumentality; or

(c) a statutory office-holder and the staff assisting the statutory office-holder.

Section 292 does not apply to the dissemination of electoral matter on radio or television by the holder of a licence under the Broadcasting Services Act 1992 (Cwlth) that is subject to a condition relating to election advertisements.

(1) This section applies to an advertisement in a news publication that—

(a) appears to be reportage or commentary; and

(b) includes electoral matter.

(2) The proprietor of the news publication must ensure that the word ‘advertisement’ is included, in legible form, as a headline to the advertisement on each page on which the advertisement appears.

Maximum penalty: 10 penalty units.

newspaper or periodical

news publication

(1) A person commits an offence if—

(a) the person takes a photograph of a ballot paper used by the person for voting in an election; and

(b) the photograph shows, or would be likely to show, how the person voted in the election.

Maximum penalty: 10 penalty units.

(2) A person commits an offence if—

(a) the person takes a photograph of a ballot paper used by another person (the elector) for voting in an election; and

(b) the photograph shows, or would be likely to show, how the elector voted in the election; and

(c) either—

(i) the person knows the identity of the elector; or

(ii) it would be possible for the person or someone else to find out the identity of the elector.

Maximum penalty: 10 penalty units.

(3) In this section:

photograph includes a video recording.

(1) This section applies to a return under any of the following:

(a) section 217 (Disclosure of gifts received in disclosure period—candidates other than MLAs);

(b) section 220 (Disclosure of gifts received in disclosure period—people incurring political expenditure);

(c) section 221 (Disclosure of gifts made to candidates in disclosure period);

(d) section 221A (Annual returns of gifts);

(e) section 230 (Annual returns by parties and MLAs);

(f) section 231B (Annual returns by associated entities).

(2) The amendments made by the Electoral Legislation Amendment Act 2007 in relation to the returns mentioned in subsection (1) apply to—

(a) the part of the 2007-08 financial year that begins on the day on which the bill for that Act is presented to the Legislative Assembly; and

(b) later financial years.

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Electoral Legislation Amendment Act 2007.

(2) A regulation may modify this part to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act.

This part expires 2 years after the day it commences.

An officer must produce at the centre each set of declaration voting papers that has not been dealt with at an earlier preliminary scrutiny.

all

address—

(a) of a person, for this Act generally—means the person’s principal place of residence (including a place of residence from which a person who is an elector is temporarily absent and to which the person intends to return to live in); and

(b) of a person who is, or is nominated to be, the registered officer of a political party, for part 7 (Registration of political parties)—see section 87.

division 14.4 (Disclosure of donations)

division 14.4 (Disclosure of gifts)

fundraising event, for part 14 (Election funding and financial disclosure)—see section 198.

section 115 (1) or (2), whichever is applicable.

section 115 (Grouping of candidates’ names).

news publication means a newspaper or periodical and includes an electronic publication of a similar kind.

see section 87 (Meaning of related political parties)

see section 87 (Definitions—pt 7)

(2) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

This amendment brings language into line with current drafting practice.

count votes—see clause 1A.

This amendment is consequential on the relocation of the definition to new clause 1A by another amendment.

quota—

(a) for this schedule generally—see clause 1B; and

(b) for part 4.3 (Casual vacancies)—see clause 12.

This amendment is consequential on the relocation of the existing definition to new clause 1B by another amendment. This amendment also includes a signpost reference to the definition of the term for part 4.3 of schedule 4 in accordance with current drafting practice.

transfer value—

(a) for this schedule generally—see clause 1C; and

(b) for part 4.3 (Casual vacancies)—see clause 13.

This amendment is consequential on the relocation of the existing definition to new clause 1C by another amendment. This amendment also includes a signpost reference to the definition of the term for part 4.3 of schedule 4 in accordance with current drafting practice.

This amendment is consequential on the relocation of the definition of transfer value to new clause 1C by another amendment.

(1) For this schedule, count votes, in relation to a candidate, means the number of votes worked out as follows:

(2) However, any fraction is to be disregarded.

(3) In this clause:

BP means the number of ballot papers to be dealt with at a count that record the next available preference for the candidate.

TV means the transfer value of those ballot papers.

(1) For this schedule, quota means the quota of an electorate for an election worked out as follows:

Note Quota, for pt 4.3 (Casual vacancies)—see cl 12.

(2) However, any fraction is to be disregarded.

(3) In this clause:

BP means the number of ballot papers for the election.

N means the number of positions to be filled at the election.

(1) For this schedule, the transfer value of a ballot paper is the transfer value worked out under this clause.

Note Transfer value, for pt 4.3 (Casual vacancies)—see cl 13.

(2) For the allotment of votes from the surplus of a successful candidate, the transfer value of a ballot paper that specifies a next available preference is worked out as follows:

(3) For the allotment of votes under clause 9 (2) (c) (Votes of excluded candidates), the transfer value is—

(a) for a ballot paper in relation to which votes were allotted to the excluded candidate under clause 3 (First preferences)—1; or

(b) for a ballot paper in relation to which count votes were allotted to the excluded candidate under clause 6 (3) (Surplus votes) or clause 9 (2) (c) (Votes of excluded candidates)—the transfer value of the ballot paper when counted for that allotment.

(4) However, if the transfer value of a ballot paper worked out in accordance with subclause (2) would be greater than the transfer value of the ballot paper when counted for the successful candidate, the transfer value of that ballot paper is the transfer value of the ballot paper when counted for the successful candidate.

(5) In this clause:

CP means the number of ballot papers counted for the candidate at the count at which the candidate became successful and that specify a next available preference.

S means the surplus.

This amendment updates the definitions by bringing them into line with current drafting practice.

This part applies if a successful candidate dies on or after polling day but before the declaration of the result of the election.

(1) The ballot papers counted for a deceased candidate must be dealt with in accordance with schedule 4, part 4.3 (Casual vacancies) as if they had been counted for a former MLA.

(2) If 2 or more of the successful candidates die on or after polling day but before the declaration of the result of the election, the ballot papers counted for each deceased candidate must be dealt with in the order in which the candidates died.

(3) If 2 or more of the successful candidates died at the same time, the commissioner must determine by lot the order in which the ballot papers for the deceased candidates are to be dealt with.

(4) In applying schedule 4, part 4.3 for the purposes of this part:

continuing candidate means a candidate other than—

(a) a successful candidate; or

(b) a candidate who died before the recount for this part began; or

(c) a candidate who is excluded for clause 15 (Recount—continuation).

This amendment remakes the part to correct the operation of a definition and bring it into line with current drafting practice.

• AAT

This amendment inserts an additional term into the dictionary note.

This amendment omits an unnecessary definition. The term AAT is defined in the Legislation Act, dictionary, part 1.

ballot paper—

(a) includes an electronic ballot paper; and

(b) if a regulation is in force under section 114 (7) (Ballot papers)—means a ballot paper in the form prescribed by regulation; and

(c) for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

Note A ballot paper is required to be in the form set out in sch 1 (see s 114 (1)).

This amendment adds the signpost reference in paragraph (c) in accordance with current drafting practice.

column, for schedule 2 (Ballot papers—printing of names and collation)—see schedule 2, clause 1.

continuing candidate—

(a) for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1; and

(b) for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 11 (2).

count, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

count votes, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1A.

envelope, for schedule 3 (Preliminary scrutiny of declaration voting papers)—see schedule 3, clause 1.

excluded candidate, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

next available preference, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

quota—

(a) for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1B; and

(b) for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 12.

reporting agent, for part 14 (Election funding and financial disclosure)—see section 198.

successful candidate, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

surplus, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

total votes, for schedule 4 (Ascertaining result of poll)—see schedule 4, clause 1.

transfer value—

(a) for schedule 4 (Ascertaining result of poll) generally—see schedule 4, clause 1C; and

(b) for schedule 4, part 4.3 (Casual vacancies)—see schedule 4, clause 13.

This amendment inserts signpost definitions for terms defined for parts and schedules in accordance with current drafting practice.

$1 000

$1 500

(1) A person (the receiver) must not accept an anonymous gift made by someone else (the giver) for the purposes of a referendum if the gift—

(a) is $1 500 or more; or

(b) would result in the receiver accepting $1 500 or more in anonymous gifts for the purposes of the referendum.

(6) In this section:

anonymous gift—a gift is an anonymous gift unless—

(a) the receiver knows the defined details of the gift; or

(b) both the following apply:

(i) the giver tells the receiver the defined details of the gift before the gift is made;

(ii) when the gift is made, the receiver has no grounds for believing that the defined details given by the giver are not true.

15 weeks

8 weeks

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.