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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 179
Electoral
and Other Legislation Amendment Bill 2011
Mr
Henderson
A Bill for an Act to amend the Electoral Act, Local Government Act and Local Government (Electoral) Regulations
NORTHERN TERRITORY OF AUSTRALIA
ELECTORAL AND OTHER LEGISLATION AMENDMENT ACT 2011
____________________
Act No. [ ] of 2011
____________________
Table of provisions
16A Roll
information not for
sale
31 Nomination
of
candidate
51A How-to-vote
cards
78 Mobile
polling places
Division
6A Approved electronic
and other automated systems for voting
85A Commissioner's
power to approve electronic or other automated
system
171A Annual
return for registered political
party
268A Meaning
of campaign
material
270 Offences
relating to campaign material
271 Offence
relating to
push-polling
99 Offences
relating to campaign material
Part
20.3 Transitional
provisions for Electoral and Other Legislation Amendment Act 2011
273 Member of council who is also employee of council
274 Savings
– failed
election
32 Mobile
polling place
33 Change
of mobile polling place, dates or hours for
voting
64A Electoral
Commissioner's power to approve electronic and other automated
systems
68 Storage
and destruction of electoral papers
Part 8 Transitional matters for Electoral and Other Legislation Amendment Act 2011
69 Application to election called before commencement
64 Electoral Commissioner's power to approve electronic and other automated system
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2011
____________________
An Act to amend the Electoral Act, Local Government Act and Local Government (Electoral) Regulations
[Assented to [ ] 2011]
[Second reading [ ] 2011]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Electoral and Other Legislation Amendment Act 2011.
(1) Parts 4, 6 and 7 commence on 1 May 2012.
(2) The remaining provisions of this Act commence on the day on which the Administrator's assent to this Act is declared.
Part
2 Amendment of Electoral
Act
3 Act
amended
This Part amends the Electoral Act.
(1) Section 3, definitions contravene, electoral advertisement, mobile polling place and publish
omit
(2) Section 3
insert (in alphabetical order)
campaign material, see section 268A.
electoral advertisement means an advertisement containing electoral matter (including an advertisement on an electronic billboard, digital road sign or any other similar device), whether or not consideration was given for its publication.
extraordinary general election, see section 23(4).
how-to-vote card, see section 51A(1).
mobile polling place means a mobile polling place declared under section 78(1), and includes a substituted place under section 81.
publish includes publish or broadcast by radio, television, Internet, telephone or other means.
(3) Section 3, definition polling hours, paragraph (a), at the end
insert
or
(4) Section 3, definition polling hours, paragraph (c)
omit, insert
(c) for a mobile polling place – the hours specified in a declaration under section 78 for the mobile polling place, and includes the hours as changed under section 81(1).
Section 5(1) and (2)
omit, insert
(1) If a provision of this Act requires public notice to be given by the Commission or Commissioner about a matter, notice about the matter must be published in a newspaper circulating:
(a) generally throughout the Territory; or
(b) if the matter relates only to a particular division, in the division.
(2) This section does not prevent the Commission or Commissioner from giving notice about the matter in another way (including for example, by radio or television broadcast).
(1) After section 7(2)(a)
insert
(ab) a candidate for the election; or
(2) Section 7(2)(a), (b) and (c), at the end
insert
or
After section 12(4)
insert
(5) A right of inspection under subsection (1) does not include the right to copy or record an extract, or part of an extract, by electronic or any other means.
After section 16
insert
16A Roll information not for sale
The Commission must not sell all or part of a roll or extract, or any information contained in a roll or extract.
Section 31
repeal, insert
(1) A person may be nominated as a candidate for election for a division only by:
(a) if the person is nominated as the party candidate of a registered party for the division – the registered officer of that party; or
(b) otherwise – 6 electors entitled to vote at the election in the division.
(2) Only one person may be nominated as the party candidate for a registered party for the division for the election.
(3) Subsection (2) does not prevent a change of the nomination if:
(a) the registered officer of the registered party gives notice of the change to the Commission in the approved form before 12 noon on nomination day; and
(b) the change results from any of the following:
(i) the withdrawal of consent by the nominated party candidate for the division as mentioned in section 35(1);
(ii) the withdrawal of the nomination of a person as the party candidate for the division as mentioned in section 35(2);
(iii) the rejection of the nomination of a person as the party candidate for the division as mentioned in section 36(1);
(iv) the death of the nominated party candidate for the division.
Section 39(1) and (3)
omit
to the person who lodged it.
insert
to:
(a) the person who lodged the deposit; or
(b) if that person, by written notice given to the Commission, authorised another person to receive the deposit – the other person.
(1) Section 49(1)
omit, insert
(1) A person may cast a vote at an election in accordance with Divisions 2 to 6A.
(2) Section 49(2)
omit
A person
insert
Except as otherwise provided in this Act, a person
(3) After section 49(2)
insert
(3) Only an ordinary vote or a declaration vote (other than a postal vote or a vote cast before polling day) may be cast at a mobile polling place.
(1) Section 50(2)(b)
omit
preference
insert
preferences
(2) After section 50(2)
insert
Note for section 50
See section 94(2) to (3B).
After section 51, in Part 6, Division 1
insert
(1) A how-to-vote card is a printed document that recommends the way in which an elector should mark the ballot paper.
(2) Without limiting subsection (1), the card may include the following information:
(a) the candidate's name;
(b) for a candidate endorsed by a registered party – the party's name;
(c) the candidate's order of preferences for some or all of the other candidates for the candidate's division for the election;
(d) the individual who authorises the publication of the card and his or her address.
(3) A regulation may make provisions relating to how-to-vote cards.
(1) Section 60(2)
omit
(1)(a)
insert
(1)(b)
(2) Section 60(2)(a)
omit
place
insert
place (other than a mobile polling place at which the person may vote); or
(3) Section 60(2)(c)
omit, insert
(c) throughout polling hours will be unable to attend a polling place because of a physical or other disability, illness, advanced pregnancy or another condition of the person; or
(d) throughout polling hours will be unable to attend a polling place because of a reasonable fear for, or a reasonable apprehension about, his or her personal wellbeing or safety; or
(da) throughout polling hours will be unable to attend a polling place because the person will be at a place (other than a mobile polling place at which the person may vote) caring for another person who has a physical or other disability, illness, advanced pregnancy or another condition; or
(4) Section 60(2), (b), (e)(ii) and (f), at the end
insert
or
(1) Section 62(2A)(b)
omit, insert
(b) Subject to subsections (3) and (4), if a properly completed application is received after the determination – as soon as practicable after receiving the application.
(2) After section 62(3)
insert
(4) However, an authorised officer may send postal voting papers to the applicant whose application is received later than the time mentioned in subsection (3)(a) or (b) if the officer considers doing so is appropriate, having regard to:
(a) the special circumstances of the applicant; and
(b) the need to allow sufficient time for the papers to be completed by the applicant by 6 pm on polling day; and
(c) any other matters the officer considers relevant.
Section 64(1)
omit
the day mentioned in section 62(3)(b)
insert
the day that is 2 days before polling day
Sections 78 to 80
repeal, insert
(1) The Commissioner may, in writing, declare a specified polling place in a division to be a mobile polling place where votes may be taken by an authorised officer during the mobile polling period.
(2) The declaration may specify:
(a) classes of electors who may vote at the mobile polling place; and
(b) dates and hours during which votes may be cast at the place during the mobile polling period.
(3) In making the declaration, the Commissioner must have regard to the following:
(a) whether or not:
(i) there is a distinct community of electors who may be served by the mobile polling place; or
(ii) there are special circumstances applying to electors who may be served by the mobile polling place (for example, because of their special needs or other requirements);
(b) the practicality for those electors to attend another polling place for the election;
(c) the practicality of establishing the mobile polling place for those electors, having regard to their number and resources required for doing so.
(4) If the declaration specifies a class of electors, only a person in that class may vote at the mobile polling place.
(5) The Commissioner must:
(a) give public notice of the declaration; and
(b) as far as practicable, notify the community or electors to be served by the mobile polling place in a way that is reasonable in the circumstances.
(1) Section 81, heading
omit
day
insert
dates
(2) Section 81(1)
omit, insert
(1) The Commissioner may substitute another polling place (a substituted place) for the mobile polling place or change the dates or hours specified for the polling place if satisfied there are special circumstances requiring the substitution or change.
(3) Section 81(2)
omit
the Commission must give the public notice
insert
the Commissioner must give notice to the public
Section 84
omit
all words after "because"
insert
an authorised officer did not visit:
(a) a mobile polling place; or
(b) a mobile polling place on the dates or during the hours:
(i) specified in a declaration under section 78; or
(ii) as substituted or changed under section 81.
20 Part 6, Division 6A inserted
After section 85
insert
Division 6A Approved electronic and other automated systems for voting
85A Commissioner's power to approve electronic or other automated system
(1) The Commissioner may, in writing, approve the use of a specified electronic or other automated system (the approved system) for specified purposes relating to one or more of the following for specified elections:
(a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers);
(b) counting and processing of votes;
(c) voting by a specified group of electors;
(d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition.
(2) The Commissioner must not give the approval unless the Commissioner is satisfied:
(a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and
(b) the approval is warranted having regard to the practicality of the approved system and resources required to establish and maintain it; and
(c) the approval is consistent with the Commissioner's functions under this Act; and
(d) the approved system would be supported by secure facilities; and
(e) if subsection (1)(c) applies – there are exceptional circumstances relating to the specified group of electors.
(3) The Commissioner must give public notice about the approved system.
(4) If the approval specifies that a thing covered by subsection (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under this Act, a thing done in accordance with the approval has effect as if that requirement had been met.
Section 88(1), after "physical"
insert
or other
Section 94(2) and (3)
omit, insert
(2) For section 50(2)(a) and (b), a voter is taken to have indicated his or her order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subsection (3), (3A) or (3B).
(3) If there are only 2 candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square and either placed a "2" in the remaining candidate square or left it blank, then:
(a) the candidate whose candidate square is placed with a "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the other candidate is taken to be the voter's last preference.
(3A) If there are 3 or more candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares, then:
(a) the candidate whose candidate square is placed with a single "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the number placed in each of the other candidate squares is taken to indicate the rest of the voter's order of preferences.
(3B) If there are 3 or more candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares, then:
(a) the candidate whose candidate square is placed with a single "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the candidate whose candidate square is left blank is taken to be the voter's last preference; and
(c) each number placed in any other candidate square is taken to indicate the voter's order of preferences between the first and last preferences.
After section 105(2)
insert
(2A) For subsection (2)(b), the officer may have regard to a roll or extract as in force at an earlier time and any other matters the officer considers appropriate.
Section 138(4)
omit
Section 140(2)(g)(v)
omit
(1) Section 156
omit
The Commission
insert
(1) The Commission
(2) After section 156(1)
insert
(2) However, the Commission must not decide the application before a general election (other than an extraordinary general election) if the application was received by the Commission during 6 months before the date that general election is due to be held.
After section 171
insert
171A Annual return for registered political party
(1) The registered officer of a registered party must prepare a return in the approved form for each financial year stating that, as at the end of that financial year:
(a) if the party was registered on an application to which section 152(3) applies – whether or not the party continues to be registered under the Commonwealth Act; or
(b) if the party was registered on an application to which section 152(4) applies – whether or not the party continues to have at least 200 members who meet the requirements in section 152(4)(a).
(2) The registered officer must give the return and a copy of the party's current constitution to the Commission within 16 weeks after the end of the financial year.
Maximum penalty: 20 penalty units.
Note for section 171A
The reporting agent of a registered party must also give a return about the party's financial matters under section 205 for each financial year.
Section 176, definition broadcast
omit
Section 199, definition electoral advertisement
omit
Section 268, definition publish
omit
After section 268
insert
268A Meaning of campaign material
(1) Campaign material is an advertisement, document or any other thing that is intended to promote the electoral prospect of a particular candidate or group of candidates for an election.
(2) Without limiting subsection (1), campaign material includes any of the following:
(a) an electoral advertisement;
(b) a printed document containing an electoral matter (for example, a handbill, pamphlet or how-to-vote card);
(c) a message containing an electoral matter that is sent by telephone or otherwise broadcast by electronic means;
(d) material containing an electoral matter that is published.
(3) The Commissioner may, in writing, declare a thing mentioned in subsection (1) or (2) is not campaign material.
(4) The Commissioner may do so only if the Commissioner is satisfied the declaration is warranted having regard to all of the following:
(a) any information contained in the thing and the way in which the information is presented;
(b) the person for whom the thing is created;
(c) the way in which the thing is intended to be used or distributed;
(d) any other matters as the Commissioner considers appropriate.
32 Sections 270 and 271 replaced
Sections 270 and 271
repeal, insert
270 Offences relating to campaign material
(1) A person must not publish or distribute any campaign material unless:
(a) the material clearly states the name and address of the person authorising the publication or distribution; and
(b) if the material is a printed document – the material includes the name and address of the printer who printed the document; and
(c) if the material is intended to be viewed from 2 sides – the information mentioned in paragraphs (a) and (b) is included on both sides.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply to the announcement by advertisement in a newspaper of the holding of a meeting.
(3) A person must not publish or distribute any campaign material that:
(a) is likely to:
(i) mislead an elector; or
(ii) deceive an elector; or
(iii) improperly interfere with an elector casting a vote; or
(b) contains an untrue or incorrect statement.
Maximum penalty: 100 penalty units.
271 Offence relating to push-polling
(1) A person must, before conducting any push-polling, state clearly the name and address of the person authorising the push-polling:
(a) for push-polling conducted by a telephone call – to the receiver of the call; or
(b) for push-polling conducted in a meeting with another person –to the other person.
(2) The person authorising the push-polling commits an offence if subsection (1) is contravened because of an act or omission of the person.
Maximum penalty: 100 penalty units.
(3) In this section:
push-polling means any activity conducted as part of a telephone call made, or a meeting held, during the election period for an election, that:
(a) is, or appears to be, a survey (for example, a telephone opinion call or telemarketing call); and
(b) is intended to influence an elector in deciding his or her vote.
Section 345(2) and (3)
omit, insert
(2) The Commissioner must securely store the electoral papers until satisfied they are no longer required for exercising a power or performing a function under this Act.
(3) The Commissioner may destroy the electoral papers when they are no longer required as mentioned in subsection (2).
Schedule 1 has effect.
Part
3 Amendment of Local Government Act commencing on Administrator's
assent
35 Act
amended
This Part amends the Local Government Act.
(1) Section 3, definition electoral campaign material
omit
(2) Section 3
insert (in alphabetical order)
publish includes publish or broadcast by radio, television, Internet, telephone or other means.
Section 37(1)(d)
omit
all words from "whose" to "guidelines"
After section 88(1)
insert
(1A) The roll must contain the same information about each elector required of a roll prepared under the Electoral Act.
Note for subsection (1A)
See section 11 of the Electoral Act for the information required of a roll prepared under that Act.
Section 99
repeal, insert
99 Offences relating to campaign material
(1) A person must not publish or distribute any campaign material unless:
(a) the material clearly states the name and address of the person authorising the publication or distribution; and
(b) if the material is a printed document – the material includes the name and address of the printer who printed the document; and
(c) if the material is intended to be viewed from 2 sides – the information mentioned in paragraphs (a) and (b) is included on both sides.
Fault element: The person intentionally publishes or distributes the campaign material.
Maximum penalty: 100 penalty units.
(2) A person must not publish or distribute any campaign material that:
(a) is likely to:
(i) mislead an elector; or
(ii) deceive an elector; or
(iii) improperly interfere with an elector casting a vote; or
(b) contains an untrue or incorrect statement.
Fault element: The person intentionally publishes or distributes the campaign material.
Maximum penalty: 100 penalty units.
(3) For this section, campaign material is an advertisement, document or any other thing that is intended to promote the electoral prospect of a particular candidate or group of candidates for an election.
(4) Without limiting subsection (3), campaign material includes any of the following:
(a) an electoral advertisement;
(b) a printed document containing an electoral matter (for example, a handbill, pamphlet or how-to-vote card);
(c) a message containing an electoral matter that is sent by telephone or otherwise broadcast by electronic means;
(d) material containing an electoral matter that is published.
(5) The Electoral Commissioner may, in writing, declare a thing mentioned in subsection (3) or (4) is not campaign material.
(6) The Electoral Commissioner may do so only if the Electoral Commissioner is satisfied the declaration is warranted having regard to all of the following:
(a) any information contained in the thing and the way in which the information is presented;
(b) the person for whom the thing is created;
(c) the way in which the thing is intended to be used or distributed;
(d) any other matters as the Commissioner considers appropriate.
(7) For subsection (4), electoral matter is matter, in printed or electronic form, that is intended or likely to affect voting at an election.
(8) Without limiting subsection (7), matter is taken to be intended or likely to affect voting at an election if it contains an express or implicit reference to or comment on:
(a) the election; or
(b) a candidate for the election; or
(c) the performance of a member, or former member, of a council; or
(d) an issue submitted to, or otherwise before, the electors in relation to the election.
Part 20.2, heading, after "provisions"
insert
for Local Government Act 2008
After section 272
insert
Part 20.3 Transitional provisions for Electoral and Other Legislation Amendment Act 2011
273 Member of council who is also employee of council
(1) This section applies to a person who, immediately before the commencement of this section, was a member of a council and an employee of the council.
(2) Section 37 as amended by the Electoral and Other Legislation Amendment Act 2011 does not:
(a) disqualify the person from office as a member of the council for the remainder of the person's term of office as a member of that council; or
(b) prevent the person continuing to be an employee of the council for the remainder of that term.
Note for subsection (2)
Under section 38, a council member's term of office ends at the conclusion of the next general election for the council following the member's election or appointment.
(a) an election held for an area before the commencement of this section fails; and
(b) as a result, another election (the fresh election) is to be held for the area.
(2) If the fresh election is to be held after the commencement of Part 3 of the Electoral and Other Legislation Amendment Act 2011, it must be conducted as if Parts 3 and 5 of that Act had not commenced.
Schedule 2 has effect.
Part
4 Amendment of Local Government Act commencing on 1 May
2012
43 Act
amended
This Part amends the Local Government Act.
(1) Section 3, definition returning officer
omit
(2) Section 3
insert (in alphabetical order)
by-election means a by-election mentioned in section 86.
general election means:
(a) a general election mentioned in section 84; or
(b) a periodic general election mentioned in section 85.
Section 86(3) and (4)
omit, insert
(3) A by-election is to be held on a date fixed by the Electoral Commissioner.
(4) The date must fall within 3 months after the Electoral Commissioner receives notice of a casual vacancy in the membership of the council for which the by-election is required.
(5) The by-election (including nomination of candidates and other related processes) is to be conducted as decided by the Electoral Commissioner.
Section 88(3)
omit
(1) Section 91(1)
omit
A person
insert
The Electoral Commissioner or a person
(2) Section 91(2)(b)
omit
area; or
insert
area.
(3) Section 91(2)(c)
omit
(1) Section 96(1)
omit
(1) The
insert
The
(2) Section 96(2)
omit
After section 274(2)
insert
(3) If the fresh election is to be held after the commencement of Part 4 of the Electoral and Other Legislation Amendment Act 2011, it must be conducted as if Parts 3 to 6 of that Act had not commenced.
Part
5 Amendment of Local Government (Electoral) Regulations commencing on
Administrator's
assent
50 Regulations
amended
This Part amends the Local Government (Electoral) Regulations.
(1) Regulation 3, definitions election campaign material, mobile polling period and mobile polling place
omit
(2) Regulation 3
insert (in alphabetical order)
mobile polling period, see regulation 32(1).
mobile polling place means a mobile polling place declared under regulation 32.
(3) Regulation 3, definition polling hours, paragraph (c)
omit, insert
(c) for a mobile polling place – the dates and hours of polling specified in a declaration in force under regulation 32 for the place, and includes the dates and hours as changed under regulation 33.
(1) Regulation 7(2)(b)
omit
Act; and
insert
Act.
(2) Regulation 7(2)(c)
omit
After regulation 8(2)
insert
(3) The lodgement of a nomination or the giving of a notice of withdrawal must be done by:
(a) hand delivery of the nomination or notice to an authorised officer at an office of the returning officer or another place approved by the returning officer; or
(b) an electronic means approved by the returning officer.
Regulation 10(2)
omit, insert
(2) The returning officer must rely on the declaration of eligibility accompanying the nomination of a candidate in deciding the candidate's eligibility to stand for the election.
(2A) Subregulation (2) does not apply if:
(a) there is evidence contrary to that declaration; and
(b) the returning officer accepts that evidence.
Regulation 11(1)
omit, insert
(1) The electoral roll closes:
(a) for a general election – at 5 pm on the 32nd day before polling day; or
(b) otherwise – as decided by the returning officer.
(1A) The Electoral Commissioner must give notice to the public of the decision under subregulation (1)(b) that is reasonable and practicable in the circumstances.
(1) Regulation 18(2)(b)
omit, insert
(b) place consecutively increasing whole numbers in the candidate squares for the other candidates in the order of the person's preferences until a number is placed in all candidate squares.
(2) After regulation 18(2)(b)
insert
Note for regulation 18
See regulation 45(3) to (3B).
(1) Regulation 20(1)
omit
local
(2) Regulation 20(3)
omit
(1) Regulation 23(1)(b) and (c)
omit, insert
(b) for a person mentioned in regulation 22(a) or (b) – the person declares to the officer that the person is in the situation mentioned in that regulation; and
(c) for a person mentioned in regulation 22(c) or (d) – the person:
(i) completes and signs, in the presence of the officer, a declaration in the approved form about the person being in the situation mentioned in that regulation; and
(ii) the officer signs the declaration as a witness.
(2) Regulation 23(2)(b)
omit, insert
(b) immediately after issuing a ballot paper to the person:
(i) for a person mentioned in regulation 22(a) or (b) – mark the electoral roll to indicate the issue of the paper to the person; or
(ii) for a person mentioned in regulation 22(c) or (d) – make a record of the issue of the paper to the person.
(1) After regulation 24(1)
insert
(1A) For a person mentioned in regulation 22(a) who is voting at a polling place within the region for which the person is enrolled, after a ballot paper is issued to the person, the person must:
(a) go to an unoccupied voting compartment at the polling place, and there, in private:
(i) mark his or her vote on the ballot paper; and
(ii) fold the ballot paper to conceal the vote; and
(iii) place the ballot paper in a ballot box at the polling place; and
(b) leave the polling place.
(1B) For a person mentioned in regulation 22(a) who is voting at a polling place outside the region for which the person is enrolled, or a person mentioned in regulation 22(b), after a ballot paper is issued to the person:
(a) the person must go to an unoccupied voting compartment at the polling place, and there, in private:
(i) mark his or her vote on the ballot paper; and
(ii) fold the ballot paper to conceal the vote; and
(iii) give the ballot paper to an officer at the polling place; and
(b) the officer must, in the presence of the person:
(i) without unfolding the ballot paper, place it in the envelope on which the declaration appears and seal the envelope; and
(ii) mark on the envelope the name of the area or ward for which the person is enrolled and the polling place at which the ballot paper is issued; and
(iii) place the envelope in a ballot box at the polling place; and
(c) the person must then leave the polling place.
(2) Regulation 24(2)
omit
After
insert
For a person mentioned in regulation 22(c) or (d), after
(1) Regulation 25(2)(a)(i), after "polling place"
insert
(other than a mobile polling place at which the person may vote)
(2) Regulation 25(2)(a)(iii) and (iv)
omit, insert
(iii) will be unable to attend a polling place because of a physical or other disability, illness, advanced pregnancy or another condition of the person; or
(iv) will be unable to attend a polling place because of a reasonable fear for, or a reasonable apprehension about, his or her personal wellbeing or safety; or
(iva) will be unable to attend a polling place because the person will be at a place (other than a mobile polling place at which the person may vote) caring for another person who has a physical or other disability, illness, advanced pregnancy or another condition; or
(1) Regulation 27(1)(b)
omit, insert
(b) a postal vote certificate printed on an envelope addressed to the returning officer.
(2) Regulation 27(2)
omit
The postal
insert
Subject to subregulations (3) and (4)
(3) Regulation 27(3)
omit
However, an
insert
An
(4) After regulation 27(3)
insert
(4) However, an authorised officer may send postal voting papers to the applicant whose application is received later than the time mentioned in subregulation (3)(a) or (b) if the officer considers doing so is appropriate, having regard to:
(a) the special circumstances of the applicant; and
(b) the need to allow sufficient time for the papers to be completed by the applicant by 6 pm on polling day; and
(c) any other matters the officer considers relevant.
(1) Regulation 30(7)
omit
(2) Regulation 30(8)
omit
outer
63 Regulations 32 and 33 replaced
Regulations 32 and 33
repeal, insert
(1) The returning officer may, in writing, declare a specified place to be a mobile polling place for an election where votes may be taken by an authorised officer during a specified period (the mobile polling period).
(2) The declaration may specify:
(a) classes of electors who may vote at the mobile polling place; and
(b) dates and hours during which votes may be cast at the place during the mobile polling period.
(3) In making the declaration, the returning officer must have regard to the following:
(a) whether or not there is a distinct community of electors who may be served by the mobile polling place;
(b) the practicality for those electors to attend another polling place for the election;
(c) the practicality of establishing the mobile polling place for those electors, having regard to their number and resources required for doing so.
(4) If the declaration specifies a class of electors, only a person in that class may vote at the mobile polling place.
(5) The returning officer must:
(a) give notice to the public of the declaration that is reasonable and practicable in the circumstances; and
(b) as far as practicable, notify the community or electors to be served by the mobile polling place in a way that is reasonable in the circumstances.
33 Change of mobile polling place, dates or hours for voting
(1) The returning officer may substitute another polling place for the mobile polling place or change the dates or hours specified for the place if satisfied there are special circumstances requiring the substitution or change.
(2) The returning officer must give notice to the public of the substitution or change that is reasonable and practicable in the circumstances.
(1) Regulation 35(1)
omit
(1) Voting
insert
Voting
(2) Regulation 35(2)
omit
Regulation 37(2)
omit, insert
(2) The times of polling at an early voting centre are to be as determined by the returning officer.
(3) The times of polling at a mobile polling place are to be as specified in the declaration in force under regulation 32 for the place.
(1) Regulation 45(2) and (3)
omit, insert
(2) For subregulation (1)(b), a voter is taken to have indicated his or her order of preferences for all the candidates on a ballot paper in the circumstances mentioned in subregulation (3), (3A) or (3B).
(3) If there are only 2 candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square and either placed a "2" in the remaining candidate square or left it blank, then:
(a) the candidate whose candidate square is placed with a "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the other candidate is taken to be the voter's last preference.
(3A) If there are 3 or more candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares, then:
(a) the candidate whose candidate square is placed with a single "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the number placed in each of the other candidate squares is taken to indicate the rest of the voter's order of preferences.
(3B) If there are 3 or more candidates and the voter placed a single "1", "Π" or "Ο" in one candidate square, left one candidate square blank and placed consecutively increasing whole numbers (starting with a "2") in the remaining candidate squares until a number is placed in each of those candidate squares, then:
(a) the candidate whose candidate square is placed with a single "1", "Π" or "Ο" is taken to be the voter's first preference; and
(b) the candidate whose candidate square is left blank is taken to be the voter's last preference; and
(c) each number placed in any other candidate square is taken to indicate the voter's order of preferences between the first and last preferences.
(2) Regulation 45(4), note, heading
omit, insert
Note for subregulation (4)
Regulation 50(a) to (c)
omit, insert
(a) note on the elector's postal vote certificate the date and time of receipt; and
(b) place the postal voting papers in a secure receptacle.
Regulation 53(2)
omit, insert
(2) If there are 2 or more candidates with the lowest number of votes and one or more of them are to be excluded from the count, the returning officer must decide, by lot, each candidate who is to be excluded.
Regulation 54(4)
omit, insert
(4) If there are 2 or more candidates with the lowest number of votes and one or more of them are to be excluded from the count, the returning officer must decide, by lot, each candidate who is to be excluded.
(5) If there are 2 candidates remaining in the count with the same number of votes, the returning officer must:
(a) carry out a recount of all ballot papers; and
(b) if the votes remain equal after the recount – decide, by lot, who is to be the successful candidate.
Regulation 62(2)
omit
election
After regulation 64
insert
64A Electoral Commissioner's power to approve electronic and other automated systems
(1) The Electoral Commissioner may, in writing, approve the use of a specified electronic or other automated system (the approved system) for specified purposes relating to one or more of the following for specified elections or polls of electors:
(a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers);
(b) counting and processing of votes;
(c) voting by a specified group of electors (for example, electors in remote locations or interstate or overseas electors);
(d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition.
(2) The Electoral Commissioner must not give the approval unless he or she is satisfied:
(a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and
(b) the approval is warranted having regard to the practicality of the system and resources required to establish and maintain it; and
(c) the approved system would be supported by secure facilities; and
(d) if subregulation (1)(c) applies – there are exceptional circumstances relating to the specified group of electors.
(3) The Electoral Commissioner must, as soon as practicable after giving the approval, give notice to the public of the approved system that is reasonable and practicable in the circumstances.
(4) If the approval specifies that a thing covered by subregulation (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under the Act or these Regulations, a thing done in accordance with the approval has effect as if that requirement had been met.
72 Regulations 68 and 69 replaced
Regulations 68 and 69
repeal, insert
68 Storage and destruction of electoral papers
(1) This regulation applies to electoral papers in the possession of the returning officer that were used for an election.
(2) The returning officer must securely store the electoral papers until satisfied they are no longer required for exercising a power or performing a function under these Regulations.
(3) The returning officer may destroy the electoral papers when they are no longer required as mentioned in subregulation (2).
Part 8 Transitional matters for Electoral and Other Legislation Amendment Act 2011
69 Application to election called before commencement
The amendments to regulation 7 and repeal of regulation 68 made by the Electoral and Other Legislation Amendment Act 2011 do not apply in relation to an election if an invitation for nominations of candidates for the election is made under regulation 6 before the commencement of this regulation.
Part
6 Amendment of Local Government (Electoral) Regulations commencing on 1 May
2012
73 Regulations
amended
This Part amends the Local Government (Electoral) Regulations.
(1) Regulation 3, definition nomination day
omit
(2) Regulation 3
insert (in alphabetical order)
Electoral Commissioner means the person holding or occupying the office of Electoral Commissioner established by section 314 of the Electoral Act.
nomination day, see regulation 8(4).
Regulation 5
repeal
(1) Regulation 6, heading
omit
Returning officer
insert
Electoral Commissioner
(2) Regulation 6(1)
omit, insert
(1) The Electoral Commissioner must, at least 43 days before polling day for a general election, invite nominations of candidates for the election.
(3) Regulation 6(2)(b)
omit
returning officer
insert
Electoral Commissioner
(4) After regulation 6(2)
insert
Note for regulation 6
Section 86 of the Act provides for by-elections to be conducted as decided by the Electoral Commissioner.
After regulation 8(3)
insert
(4) For these Regulations, nomination day is:
(a) for a general election – the 23rd day before polling day; or
(b) otherwise – a day as decided by the Electoral Commissioner.
(5) The Electoral Commissioner must give notice to the public of a decision under subregulation (4)(b) that is reasonable and practicable in the circumstances.
Regulation 11(1) to (2)
omit, insert
(1) The electoral roll closes:
(a) for a general election – at 5 pm on the 32nd day before polling day; or
(b) otherwise – as decided by the Electoral Commissioner.
(2) The Electoral Commissioner must give notice to the public of the decision under subregulation (1)(b) that is reasonable and practicable in the circumstances.
(1) Regulation 28(1)
omit
(1) The returning officer
insert
The Electoral Commissioner
(2) Regulation 28(1)(b)
omit, insert
(b) follow other procedures approved as an alternative by the Electoral Commissioner under regulation 64.
(3) Regulation 28(2)
omit
Regulation 63(4)
omit
Commission
insert
Commissioner
81 Regulations 64 and 64A replaced
Regulations 64 and 64A
repeal, insert
64 Electoral Commissioner's power to approve electronic and other automated system
(1) The Electoral Commissioner may, in writing, approve the use of a specified electronic or other automated system (approved system) for specified purposes relating to any of the following:
(a) issuing and returning of ballot papers (including, for example, the confirmation and recording of the issuing of ballot papers);
(b) counting and processing of votes;
(c) voting by a specified group of electors (for example, electors in remote locations or interstate or overseas electors);
(d) assisting electors who have a physical or other disability, illness, advanced pregnancy or another condition.
(2) The Electoral Commissioner must not give the approval unless he or she is satisfied:
(a) as far as practicable, the secrecy of the ballot will be maintained by the approved system; and
(b) the approval is warranted having regard to the practicality of the system and resources required to establish and maintain it; and
(c) the approval is consistent with the Electoral Commissioner's functions under these Regulations; and
(d) the approved system would be supported by secure facilities; and
(e) if subregulation (1)(c) applies – there are exceptional circumstances relating to the specified group of electors.
(3) The Electoral Commissioner must, as soon as practicable after giving the approval, give notice to the public of the approved system that is reasonable and practicable in the circumstances.
(4) If the approval specifies that a thing covered by subregulation (1)(a) to (d) may be done in accordance with the approved system instead of a specified requirement under the Act or these Regulations, a thing done in accordance with the approval has effect as if that requirement had been met.
Part 7 Other
amendments commencing on
1 May 2012
82 Other
laws amended
Schedule 3 amends the laws mentioned in it.
This Act expires the day after it commences.
Schedule 1 Electoral Act further amended
section 34
Part 1 Amendments relating to use of conjunctions
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 3, definitions declaration voting
papers, paragraph (a) and eligible political party,
paragraph (b)(i), 15(5)(a), 32(1)(a) to (f), 40(2)(a) and (b), 42(1)(a), 43(a),
45(a), 52(1)(a) and (b)(i), 53(1)(a) to (c), 54(1)(a), 55(2)(a)(ii) and (b),
56(1)(a) and (b)(ii) and (2)(a) and (b), 57(2)(a)(ii) and (b), 63(a) to (c),
71(2)(a) and (b)(i), 72(2)(a)(ii), 73(1)(a) to (d), 74(2)(a)(ii) and (b),
76(2)(a) to (d), 88(4)(a), 89(2)(a), 90(1)(a), 98(1)(a) to (f), 99(2)(a) to (e),
101(2)(a), 103(1)(a), 105(3)(a), 108(2)(a) to (d), 109(2)(a) to (e), 111(2)(a),
112(1)(a) to (c), 113(2)(a) to (d), 114(2)(a) to (e), 116(1)(a), (b)(i) and
(iii) and (c), 118(1)(a) to (f), 120(1)(a), 121(2)(a) to (d), 122(2)(a) to (e),
128(5)(a) and (7)(a), 133(a), 137(a), 151(1)(a), 152(2)(a) to (c) and (e)(i) and
(4)(a)(i), 155(1)(a) to (c), 157(1)(a), 162(a)(ii), 169(3)(a), 176,
definition disposition of property, paragraphs (a) to (d),
184(3)(a) and (b), 192(3)(a), 193(4)(a), 194(5)(a), 195(1)(a), 205(3)(a),
207(1)(a), 208(2)(a), 219(4)(a), (5)(a) and (b) and (9), definitions
place, paragraph (a) and premises, paragraph (a),
221(1)(a) and (4)(a) to (c), 238(2)(a) to (d), 242(3)(a) and (b), 257(2)(a),
262(a), 290(a), 330(2)(a) and 356(2)(a), at the end
|
|
and
|
sections 3, definition declaration ballot
paper, paragraph (a) to (c), 19(1)(a), 36(1)(a) and (b), 94(1)(a)(ii)
and (4)(a) and (b), 135(a), 158(2)(a) to (e), 161(3)(a) to (c), 176, definitions
broadcaster, paragraph (a) and financial controller,
paragraph (a), 182(1)(a), 187(2)(a) and (b)(ii), 189, definition defined
details, paragraph (a)(ii), 192(6)(a) to (c), 199, definition
electoral expenditure, paragraphs (a) to (e), 202(8), definition
relevant provision, paragraph (a), 223(3)(a), 231(1)(a), 267(1)(a)
and (b), 273(4), definition address, paragraph (a), 295(3)(a),
299(2)(a), 305(a), 326(a) and 346(1)(a), at the end
|
|
or
|
Part 2 Other amendments
Provision
|
Amendment
|
|
|
omit
|
insert
|
Part 1, heading, at the end
|
|
matters
|
sections 3, definitions Commonwealth
Act, external Territory and Self-Government
Act, 140(2)(g)(iv), 176, definitions broadcaster,
paragraphs (a) to (c) and registered industrial organisation and
202(8), definition relevant provision, paragraphs (a) to (c)
|
of the Commonwealth
|
(Cth)
|
sections 134(1), 138(3), 314(2), 325(1) and
336(1)
|
notice in the Gazette
|
Gazette notice
|
sections 176, 189, 199, 204, 214 and
268
|
, unless the contrary intention appears
|
|
section 193(1)(b)
|
notice published in the Gazette
|
Gazette notice
|
section 221(5)(b)
|
subsection (4),
|
subsection (4);
|
section 272(2)
|
whole penalty provision
|
|
section 295(7)
|
member of the Police Force
|
police officer
|
section 328(1)
|
employees within the meaning of the Public Sector
Employment and Management Act
|
public sector employees
|
Schedule 2 Local Government Act further amended
section 42
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 3, definition returning
officer, paragraph (b)
|
Minster
|
Minister
|
section 3, definition urban farm
land
|
– see section 143
|
(see section 143)
|
section 39(2)
|
Fault element: This is an offence of strict
liability.
|
|
after section 39(2)
|
|
(2A) An offence against subsection (2) is an offence
of strict liability.
|
section 90(3)
|
, without reasonable excuse,
Fault element: This is an offence of strict
liability.
|
|
after section 90(3)
|
|
(4) An offence against subsection (3) is an offence
of strict liability.
(5) It is a defence to a charge of an offence
against subsection (3) to prove that the defendant had a reasonable excuse for
the non-compliance.
|
section 107(1)
|
all words from "Fault element:" to "strict
liability."
|
|
after section 107(1)
|
|
(1A) An offence against subsection (1) is an offence
of strict liability.
|
section 115(2)
|
, without reasonable excuse,
Fault element: This is an offence of strict
liability.
|
|
after section 115(2)
|
|
(3) An offence against subsection (2) is an offence
of strict liability.
(4) It is a defence to a charge of an offence
against subsection (2) to prove that the defendant had a reasonable excuse for
the non-compliance.
|
section 137(2)
|
, without reasonable excuse,
Fault element: This is an offence of strict
liability.
|
|
after section 137(2)
|
|
(3) An offence against subsection (2) is an offence
of strict liability.
(4) It is a defence to a charge of an offence
against subsection (2) to prove that the defendant had a reasonable excuse for
the non-compliance.
|
section 139(1)
|
Fault element: This is an offence of strict
liability.
|
|
after section 139(1)
|
|
(1A) An offence against subsection (1) is an offence
of strict liability.
|
section 153(1), (2) and (3)
|
Fault element: This is an offence of strict
liability.
|
|
after section 153(3)
|
|
(4) An offence against subsection (1), (2) or (3) is
an offence of strict liability.
|
section 198(1)
|
, without reasonable excuse,
Fault element: This is an offence of strict
liability.
|
|
after section 198(1)
|
|
(1A) An offence against subsection (1) is an offence
of strict liability.
(1B) It is a defence to a charge of an offence
against subsection (1) to prove that the defendant had a reasonable excuse for
the non-compliance.
|
section 203(3)
|
Fault element: This is an offence of strict
liability.
|
|
after section 203(3)
|
|
(4) An offence against subsection (3) is an offence
of strict liability.
(5) It is a defence to a charge of an offence
against subsection (3) to prove that the defendant had a reasonable excuse for
the non-compliance.
|
section 209(3)
|
Fault element: This is an offence of strict
liability.
|
|
after section 209(3)
|
|
(3A) An offence against subsection (3) is an offence
of strict liability.
|
section 210(4)
|
Fault element: This is an offence of strict
liability.
|
|
after section 210(4)
|
|
(4A) An offence against subsection (4) is an offence
of strict liability.
|
section 223(2)
|
Fault element: This is an offence of strict
liability.
|
|
after section 223(2)
|
|
(2A) An offence against subsection (2) is an offence
of strict liability.
|
section 82
Provision
|
Amendment
|
|
|
omit
|
insert
|
Local Government Act
|
||
section 40
|
returning officer
|
Electoral Commissioner
|
section 92(1)(a)
|
returning officer for the area
|
Electoral Commissioner
|
Local Government (Electoral)
Regulations
|
||
regulations 3, definitions early voting
centre, early voting period, polling place,
polling hours, paragraph (b) and scrutiny centre,
4(1)(a) and (b), 8(1) to (3), 9(1) and (2), 10(1) to (4) and (5), definition
appropriate time, paragraph (b), 13, 14(1) to (4), 15(2)(a),
26(1), 27(1)(b), 29, 30(8), 32(1), (3) and (5), 33(1) and (2), 36(2), 37(2),
41(2), 42(2) to (5), 44(2) and (3), 45(1)(a)(i) and (c) and (4), 46(1), 49(1) to
(5), 51(2) to (6), 52(1) and (2), 53(1) to (3), 54(1) to (5), 55(1) to (3),
56(1), 57(2), 58(1), 61(2), 65(2), 66(1) and (2) and 68(1) to (3)
|
returning officer (all
references)
|
Electoral Commissioner
|
regulation 12(3)
|
Note
returning officer
|
Note for subregulation (3)
Electoral Commissioner
|
regulation 28, heading
|
Returning officer
|
Electoral Commissioner
|
regulation 45(4), note
|
Note
returning officer
|
Note for subregulation (4)
Electoral Commissioner
|
regulation 49(5)
|
the officer
|
the Electoral Commissioner
|
regulation 55(2)(b)
|
returning officer's
|
Electoral Commissioner's
|
regulation 65(1)
|
returning officer's remuneration
|
costs and expenses incurred by the Electoral
Commissioner
|
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