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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 149
Electoral
Legislation Amendment Bill 2015
Mr
Giles
A Bill for an Act to amend the Electoral Act and the Electoral Regulations
NORTHERN TERRITORY OF AUSTRALIA
ELECTORAL LEGISLATION AMENDMENT ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
60 Who may apply for postal voting papers
61 Application
for postal voting papers
Part
19 Transitional
matters for Electoral Legislation Amendment Act 2015
360 Transitional matter
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Electoral Act and the Electoral Regulations
[Assented to [ ] 2015]
[Second reading [ ] 2015]
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 Legislation Amendment Act 2015.
Part
2 Amendment of Electoral
Act
2 Act
amended
This Part amends the Electoral Act.
Section 21, at the end
insert
Note for section 21
It is compulsory for a person to be enrolled for an electoral division. Under an arrangement made between the Administrator and the Governor-General under section 20, the Territory uses Commonwealth electoral rolls. A failure to enrol or notify a change of address is an offence under the Commonwealth Act.
4 Part 5 heading amended
Part 5, heading
omit
general
After section 40(3)
insert
(4) The Commission may authorise a person or body to print the ballot papers to be used in an election.
Section 41(2), after "office"
insert
or other place decided by the Commission
Section 50(2)
omit, insert
(2) The person may:
(a) place the number "1" in the candidate square for a candidate to indicate the person’s first preference for the candidate; and
(b) either:
(i) place consecutively increasing whole numbers (starting with a "2") in the candidate square for 1 or more (but not necessarily all) of the other candidates to indicate the order of the person's preferences for those candidates; or
(ii) leave the candidate square for all other candidates blank.
Sections 60 and 61
repeal, insert
60 Who may apply for postal voting papers
A person may apply for postal voting papers for an election if the person is entitled to vote at the election.
61 Application for postal voting papers
Subject to section 62(3)(aa), an application for postal voting papers for an election may be made to the Commission in the approved form at any time, whether or not a writ has been issued under Part 5 for an election at the time of the application.
Before section 62(3)(a)
insert
(aa) the application is received before the beginning of the calendar year in which polling day occurs; or
Section 67, at the end
insert
Note for section 67
Under section 85A the Commissioner may approve the use of a specified electronic or other automated system for the issuing and returning of postal voting papers. Such an approval could provide an alternative means of satisfying specified requirements under this section such as placing a ballot paper in an envelope and sending it to the Commission. See section 85A(4).
Section 71(1)
omit
all words after "who"
insert
is entitled to vote at the election.
12 Section 85A amended
After section 85A(1)(a)
insert
(ab) issuing and returning of postal voting papers;
Section 94(1) to (3B)
omit, insert
(1) A ballot paper is informal unless it is:
(a) printed by a person or body authorised under section 40(4) or created for this Act by an officer and initialled by an officer; and
(b) marked in accordance with section 50.
(1A) A ballot paper is also informal if an authorised officer is satisfied that the voter can be identified because of a mark or other writing on it.
(2) For section 50(2), if a voter places a tick or a cross in the candidate square for 1 candidate only and deals with the candidate square for any other candidate as set out in section 50(2)(b), the tick or cross is to be treated as if it were the number "1".
(3) If the voter has placed the same number in 2 or more candidate squares, the candidate squares in which that number and any higher numbers are marked are to be disregarded.
(3A) If there is a break in a sequence of whole numbers that the voter has placed in 2 or more candidate squares, any preference after the break is to be disregarded.
Section 96(1)(b)(ii)
omit
6 pm on the Friday next
insert
12 noon on the second Friday
Section 112(1)(a)
omit
6 pm on the Friday next
insert
12 noon on the second Friday
(1) Section 128(2)(a), before "exclude"
insert
conduct a second count and for that purpose
(2) Section 128(2)(a), after "voter's preference"
insert
, if any
(3) Section 128(2)(b)
omit
cast –
insert
then remaining in the count –
(4) Section 128(2)(b), after "preference"
insert
, if any
(5) Section 128(2)(b)
omit
cast.
insert
then remaining in the count.
Section 275(2) and (3)(a)
omit
within 10
insert
within 500
After section 359
insert
Part 19 Transitional matters for Electoral Legislation Amendment Act 2015
The amendments made to this Act by the Electoral Legislation Amendment Act 2015 do not apply to an election or general election (including an extraordinary general election) for which a writ was issued under Part 5 before the commencement of that Act.
Part 3
Amendment of Electoral
Regulations
19 Regulations
amended
This Part amends the Electoral Regulations.
Form 1
omit
Number the boxes 1 to [number of candidates] in the order of your choice. Remember, number every box to make your vote count.
insert
Place the number 1 in the box next to the photograph of your first preference candidate and then place increasing whole numbers (2, 3, etc.) in as many other boxes as you wish in order to indicate your order of preferences for the other candidates. You do not have to number every box to make your vote count.
Part 4 Expiry
of
Act
21 Expiry
of Act
This Act expires on the day after it commences.
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