AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107, 1988
AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - TABLE OF PROVISIONS
TABLE OF PROVISIONSSection 1. Short title 2. Commencement 3. Interpretation 4. This Act and Electoral Act to be read as one Act 5. Available preferences 6. Jervis Bay Territory excluded 7. Act to bind Crown 8. Territory to be single electorate 9. Electoral Roll 10. Times of general elections 11. Qualifications of electors 12. Functions of Electoral Commission in relation to general elections 13. Registration of political parties 14. Australian Capital Territory Electoral Officer 15. Divisional Returning Officers 16. Application of Commonwealth Electoral Act 17. Nominations 18. Voting at general elections 19. Counting votes: exclusion from distribution of seats 20. Counting votes: provisional election of candidates 21. Counting votes: transfer of preferences of provisionally unsuccessful candidates etc. 22. Counting votes: election of candidates 23. Counting votes: distribution of seats among parties and independent candidates 24. Provision of Rolls and habitation indexes to political parties etc. 25. Election funding 26. Report by Electoral Commission 27. Staff 28. Regulations 29. Transitional SCHEDULE 1 MODIFICATIONS OF COMMONWEALTH ELECTORAL ACT SCHEDULE 2 EXAMPLE OF DISTRIBUTION OF SEATS AMONG PARTIES AND INDEPENDENT CANDIDATES AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - LONG TITLE
An Act relating to elections for the Legislative Assembly for the Australian Capital Territory AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 1 Short title
(Assented to 6 December 1988) 1. This Act may be cited as the Australian Capital Territory (Electoral) Act 1988. (Minister's second reading speech made in- House of Representatives on 19 October 1988 Senate on 7 November 1988) AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 2 Commencement
2. This Act commences at the commencement of section 66 of the Australian Capital Territory (Self-Government) Act 1988. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 3 Interpretation
3. (1) In this Act, unless the contrary intention appears: "Electoral Act" means the Commonwealth Electoral Act 1918 applying as provided by section 16; "eligible Territory overseas elector" means a person who is entitled to be treated as an eligible Territory overseas elector under section 94 or 95 of the Electoral Act; "independent candidate" means a candidate in a general election who has not been nominated in the election by a registered party, and, in relation to a general election, means an independent candidate in that election; "ordinary election" means a general election other than an election held under section 16 or 48 of the Self-Government Act; "political party" means an organisation the object or activity, or one of the objects or activities, of which is the promotion of the election to the Assembly of a candidate or candidates endorsed by it and which is established on the basis of a written constitution (however described) that sets out the aims of the organisation; "pre-election period" means a period of 36 days immediately before polling day for a general election, and, in relation to a general election, means the pre-election period immediately before the polling day in that election; "registered party" means a political party that is registered under section 13;
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"Roll for the Territory" means the Roll of electors for the Territory required by section 81 of the Commonwealth Electoral Act 1918; "Self-Government Act" means the Australian Capital Territory (Self-Government) Act 1988; "this Act", except in section 4, includes the Electoral Act. (2) Except so far as the contrary intention appears, expressions used in this Act have the same meaning as in the Self-Government Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 4 This Act and Electoral Act to be read as one Act
4. Except so far as the contrary intention appears, this Act and the Electoral Act shall be read as if they were one Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 5 Available preferences
5.For the purposes of sections 19 and 21, where the next available preference indicated on a ballot-paper cannot be determined because the same number appears in more than one square on the ballot-paper: (a) where only one of those squares is opposite the name of a party or an independent candidate, the next available preference shall be taken to be for that party or candidate; (b) where 2 or more of those squares are opposite the names of parties or independent candidates, the ballot-paper shall not be taken to indicate a next available preference; (c) where all those squares are opposite the names of candidates of the particular party, the next available preference shall be taken to be for that party; and (d) where all those squares are opposite the names of candidates of parties and 2 or more of them are opposite the names of candidates of different parties, the ballot-paper shall not be taken to indicate a next available preference. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 6 Jervis Bay Territory excluded
6. Except so far as the contrary intention appears, for the purposes of this Act, the Division that includes the Jervis Bay Territory shall be taken to have that Territory excluded from it. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 7 Act to bind Crown
7. This Act binds the Crown in right of the Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 8 Territory to be single electorate
8. For the purposes of general elections, the whole Territory shall be one electorate. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 9 Electoral Roll
9. (1) The Roll for the Territory shall be the Roll of the electors of the Territory for the purposes of general elections. (2) For the purposes of this Act, other than section 24, a person's name shall not be taken to be on the Roll for the Territory (including the Rolls for Divisions and Subdivisions forming that Roll) if: (a) the person lives in the Jervis Bay Territory; (b) the person's name is on the Roll by virtue of section 94 or 95 of the Commonwealth Electoral Act 1918 but the person is not an eligible Territory overseas elector; (c) the person's name is on the Roll by virtue of section 96 of the Commonwealth Electoral Act 1918; or (d) in relation to a general election, the person's name was added to the Roll because of a claim for enrolment received by a Divisional Returning Officer after 6 p.m. 29 days before the polling day for the election. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 10 Times of general elections
10. (1) In this section: "year" means a calendar year. (2) Subject to sections 16 and 48 of the Self-Government Act, the times of general elections shall be as provided by this section. (3) The first ordinary election shall be held on a day specified by the Commonwealth Minister by notice in writing published in the Commonwealth Gazette.
(4) Subject to subsections (6) and (7), the second ordinary election shall be held on the third Saturday in February 1992.
(5) Subject to subsections (6) and (7), each subsequent ordinary election shall be held on the third Saturday in February in the third year after the year in which the last ordinary election was held.
(6) If: (a) under subsection (4) or (5), an ordinary election would be required to be held on the third Saturday in February in a particular year; and (b) that Saturday is the polling day for an election of the Senate or a general election of the House of Representatives; the ordinary election shall be held on the first Saturday in April in that year. (7) Where:
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(a) apart from this subsection, an ordinary election would be due to be held on a day (in this subsection called the "due day") in a particular year (in this subsection called the "due year"); and (b) an election is held under section 16 of the Self-Government Act on a day after the third Saturday in August in the preceding year and before the due day; the following provisions apply: (c) an ordinary election shall not be held in the due year; (d) subsections (5) and (6) apply in relation to subsequent ordinary elections as if an ordinary election had been held in the due year. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 11 Qualifications of electors
11. At a general election held on a particular day, a person is entitled to vote if: (a) the person's name is on the Roll for the Territory on that day; and (b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 12 Functions of Electoral Commission in relation to general elections
12. The Electoral Commission has the following functions in relation to general elections: (a) to perform functions that are permitted or required to be performed by or under this Act, not being: (i) functions that a specified person or body, or the holder of a specified office, is expressly permitted or required to perform; or (ii) functions that consist of appointing a person to an office; and (b) to promote public awareness of matters relating to general elections and matters relating to the Assembly by means of the conduct of education and information programs and by other means. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 13 Registration of political parties
13. (1) The Electoral Commission shall establish and maintain a register to be known as the Australian Capital Territory Register of Political Parties. (2) Upon application being made in accordance with this Act by any political party, the Electoral Commission shall register the party. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 14 Australian Capital Territory Electoral Officer
14. (1) The Electoral Commission shall, for the purposes of each general election, appoint an Australian Capital Territory Electoral Officer and the appointment terminates upon the completion of the election.
(2) The Australian Capital Territory Electoral Officer may, subject to any written directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 15 Divisional Returning Officers
15. (1) The Divisional Returning Officer for each Division in the Territory shall be charged with the duty of giving effect to this Act within his or her Division subject to the directions of the Electoral Commissioner or the Australian Capital Territory Electoral Officer.
(2) A Divisional Returning Officer for a Division in the Territory may, subject to any written directions given by the Electoral Commissioner or the Australian Capital Territory Electoral Officer, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 16 Application of Commonwealth Electoral Act
16. (1) The Commonwealth Electoral Act 1918 (in this section called "the Act") applies in relation to general elections as provided by this section.
(2) Parts I, V, VII, XI and XIV to XXIII (inclusive) of the Act apply: (a) as if any amendments of those Parts commencing after 1 October 1988 had not been made; and (b) subject to the modifications set out in Schedule 1. (3) Parts II, IV, VI, VIII, IX and X of the Act apply only to the extent to which their existence or operation is required for: (a) the performance by the Electoral Commission of its functions under section 12; or (b) the operation of the Parts referred to in subsection (2). (4) Parts III and XIII of the Act do not apply.
(5) Division 3 of Part XX of the Act only applies in relation to the first general election.
(6) In the Electoral Act: (a) references to the Australian Electoral Officer for a Territory shall be taken to be references to the Australian Capital Territory Electoral Officer; (b) references to a registered political party shall be taken to be references to a registered party; (c) references to the Register of Political Parties shall be taken to be references to the register maintained under section 13; and (d) except in the Parts referred to in subsection (3) and in relation to the first general election, references to the Gazette shall be taken to be references to the Territory Gazette.
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(7) In Part II of the Electoral Act, references to electoral matters include references to general elections. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 17 Nominations
17. (1) A person shall not be capable of being elected as a member unless the person has been duly nominated: (a) by a registered party; or (b) as an independent candidate; in accordance with Part XIV of the Electoral Act. (2) Subject to subsection (3), the day for the nomination of candidates for a general election is 22 days before the polling day for the election.
(3) Where a candidate for a general election dies, after being nominated and before 12 o'clock noon on the day for nomination, the day for nomination shall be taken to be the following day. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 18 Voting at general elections
18. Voting at general elections shall be in accordance with the following principles: (a) voting shall be compulsory; (b) voting shall be by secret ballot; (c) at a general election, an elector shall not vote more than once; (d) at a general election, an elector shall vote only by: (i) expressing a first preference for one independent candidate; (ii) expressing a first preference for one registered party; or (iii) expressing a first preference for one candidate of one registered party; and, if the elector wishes to do so, expressing subsequent preferences for candidates or parties for which the elector has not expressed a first preference. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 19 Counting votes: exclusion from distribution of seats
19. (1) The total number (called the "base number") of first preference votes received by each party and by each independent candidate shall be counted, and, for this purpose, where an elector has expressed a first preference for a candidate of a party, the party is treated as receiving one first preference vote. (2) The sum of the base numbers shall be divided by a number equal to the sum of 1 and the number of members to be elected to the Assembly and the result of that division (disregarding any remainder) shall be increased by 1.
(3) All parties and independent candidates whose base numbers are less than the result of the calculation under subsection (2) shall be excluded from participation in the distribution of seats.
(4) Where a ballot-paper indicates a first preference vote for an excluded party or independent candidate, the vote given by that ballot-paper shall be transferred to, and added to the base number of, the party, the party of the candidate, or the independent candidate, not excluded, for whom the ballot-paper indicates the next available preference (if any).
(5) Where: (a) a party is excluded; (b) a ballot-paper that indicates a first preference vote for that party or a candidate of that party does not indicate a preference for another party, a candidate of another party, or an independent candidate; and (c) that excluded party has a party voting ticket registered for the purposes of the election that indicates a next available preference for a party, a candidate of a party, or an independent candidate, not excluded; the vote shall be transferred to, and added to the base number of, the party, the party of the candidate, or the independent candidate, with that preference. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 20 Counting votes: provisional election of candidates
20. (1) The provisional distribution of seats among parties and independent candidates shall be determined in accordance with section 23. (2) If an independent candidate receives a seat under subsection (1), the candidate is provisionally elected.
(3) If the number of seats received by a party under subsection (1) equals the number of candidates of the party, the candidate is, or candidates are, provisionally elected.
(4) If the number of candidates of a party exceeds the number of seats received by the party under subsection (1), the candidate or candidates of the party is or are provisionally elected to those seats by distributing the votes among the candidates as provided by the Electoral Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 21 Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.
21. (1) Where a ballot-paper indicates a first preference for: (a) a party: (i) that was not excluded under section 19; but (ii) did not receive a seat under subsection 20 (1); or (b) a candidate:
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(i) of a party that was not excluded under section 19; and (ii) who was not provisionally elected under subsection 20 (3) or (4); the vote given by that ballot-paper shall be transferred to: (c) where the ballot-paper indicates a next available preference for another party, or a candidate of another party, not excluded-that other party; or (d) where the ballot-paper indicates a next available preference for an independent candidate not excluded-that candidate. (2) Where a ballot-paper indicates a first preference for an independent candidate who: (a) was not excluded under section 19; but (b) did not receive a seat under subsection 20 (1); the vote given by that ballot-paper shall be transferred to: (c) where the ballot-paper indicates the next available preference for a party, or a candidate of a party, not excluded-that party; or (d) where the ballot-paper indicates the next available preference for another independent candidate not excluded-that candidate. (3) Where a ballot-paper indicates: (a) a first preference for a candidate: (i) of a party that was not excluded under section 19; and (ii) who was not provisionally elected under subsection 20 (3) or (4); and (b) a next available preference for another candidate of that party; that next available preference shall be taken to be the first preference. (4) For the purposes of subsections (1), (2) and (3): (a) where a ballot-paper indicates a vote that has been transferred under subsection 19 (4) or (5) because of a next available preference for a party, a candidate of a party or an independent candidate, the ballot-paper shall be taken to indicate the first preference for that party, candidate of that party, or independent candidate, as the case may be; and (b) where subsection 19 (5) applies to a ballot-paper, preferences indicated by the party voting ticket shall be taken to be indicated by the ballot-paper. (5) The base number within the meaning of subsection 19 (1) as increased under subsections 19 (4) and (5) of each party and independent candidate shall be adjusted by: (a) adding to the base number the votes transferred to the party or independent candidate under subsections (1) and (2); and (b) deducting from the base number the votes for that party or independent candidate that were transferred under subsection (1) or (2) to another party or an independent candidate or to a party or another independent candidate, as the case may be. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 22 Counting votes: election of candidates
22. (1) The distribution of seats among parties and independent candidates shall be determined in accordance with section 23. (2) If an independent candidate receives a seat under subsection (1), the candidate is elected.
(3) If the number of seats received by a party under subsection (1) equals the number of candidates of the party, the candidate is, or candidates are, elected.
(4) If the number of candidates of a party exceeds the number of seats received by the party under subsection (1), the candidate or candidates of the party is or are elected to those seats by distributing the votes among the candidates as provided by the Electoral Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 23 Counting votes: distribution of seats among parties and independent candidates
23. (1) In this section: "adjusted base number", in relation to a party or independent candidate, means: (a) in the case of a determination for the purposes of subsection 20 (1)-the base number of the party or candidate as increased under subsections 19 (4) and (5); or (b) in the case of a determination for the purposes of subsection 22 (1)-the base number of the party or candidate as increased under those subsections and adjusted under subsection 21 (5); "base number" has the same meaning as in subsection 19 (1). (2) The adjusted base numbers of the parties and independent candidates not excluded under section 19 shall be divided by 1, then by 2, then by 3 and so on.
(3) The numbers worked out by dividing all the adjusted base numbers by 1 are "quotients" on the first and highest "rank" and the numbers worked out by dividing all the adjusted base numbers by 2 (disregarding any remainders) are "quotients" on the second "rank" and so on.
(4) If any 2 quotients on different ranks are equal, the quotient on the higher rank shall be taken to be the higher quotient.
(5) If 2 or more quotients on the same rank are equal, the Australian Capital Territory Electoral Officer shall, by ballot, decide the order in which they shall be treated for the purposes of subsection (6).
(6) The party or independent candidate receiving the highest quotient receives the first seat, the party or independent candidate receiving the next
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highest quotient receives the next seat, and so on until all the seats to be filled have been distributed. (7) When the number of seats received by a party is equal to the number of candidates for that party, any further quotient received by that party shall be disregarded.
(8) When an independent candidate receives a seat, any further quotient received by that candidate shall be disregarded.
(9) An example of a distribution under this section is set out in Schedule 2. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 24 Provision of Rolls and habitation indexes to political parties etc.
24. (1) In this section: "habitation index for the Territory" means a list of the persons whose names are on the Roll for the Territory arranged, in a manner determined by the Electoral Commission, by reference to their respective places of living; "tape or disk" means, in relation to a Roll or habitation index, a tape or disk from which the information contained in the latest print of that Roll or in that index, as the case may be, and no other information, may be reproduced by mechanical, electrical, electronic or other means. (2) The Electoral Commission shall, not later than 21/2 years after each ordinary election and each election held under section 16 of the Self-Government Act, provide to each registered party and each member a copy of the latest print of the Roll for the Territory.
(3) Instead of providing a copy of the latest print of the Roll to a party or member of the Assembly, the Electoral Commission may, if the party or member requests that the copy be provided in a form other than a printed form, provide a tape or disk of the Roll.
(4) So far as practicable, the Electoral Commission shall, after each ordinary election and each election held under section 16 of the Self-Government Act, provide to each registered party a tape or disk of the habitation index for the Territory.
(5) A copy, tape or disk provided to a party or member under this section shall be provided without charge.
(6) The Electoral Commission shall not include on a tape or disk of a habitation index provided under subsection (4) the name of a person whose address has been excluded or deleted from a Roll under section 104 of the Electoral Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 25 Election funding
25. The Assembly may, by an enactment, make provision with respect to the funding of a general election other than the first general election. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 26 Report by Electoral Commission
26. (1) The Electoral Commission shall, as soon as practicable after the polling day in the first general election, prepare and give to the Minister a report of the operation of Division 3 of Part XX of the Electoral Act in relation to that election.
(2) The Minister shall cause a copy of the report given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he or she receives the report. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 27 Staff
27. (1) Staff employed by the Electoral Commission under section 35 of the Electoral Act solely for the purpose of a general election, other than the first general election, shall be taken to be employed on behalf of the Territory.
(2) The terms and conditions of employment of staff referred to in subsection (1) are such as are from time to time determined by the Electoral Commission. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 28 Regulations
28. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SECT 29 Transitional
29. (1) Except so far as the contrary intention appears, anything done for the purposes of the Commonwealth Electoral Act 1918 that was in effect at the commencement of this Act shall be taken to have been done for the purposes of that Act and of this Act. (2) Without limiting the generality of subsection (1), delegations under section 16 or 28, and directions under section 18, of the Commonwealth Electoral Act 1918 that were in effect at the commencement of this Act shall be taken to have been given for the purposes of that Act and of this Act.
(3) Where, at the commencement of this Act, there is an annotation of the Roll for a Subdivision of a Division in the Territory indicating that a person is an eligible overseas elector, there shall be taken to be also an annotation of that Roll indicating that the person is an eligible Territory overseas
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elector. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) ACT 1988 No. 107 of 1988 - SCHEDULE 1
SCHEDULE 1 Section 16 MODIFICATIONS OF COMMONWEALTH ELECTORAL ACT Modifications of Part I-Preliminary Subsection 4 (1): (a) Omit the definitions of "Australian Capital Territory", "General election", "Itinerant elector", "Political party", "Registered political party", "Register of Political Parties" and "Territory". (b) Insert the following definitions: " 'Ballot-line' means the line required by paragraph 209 (2) (a) to appear on ballot-papers; 'Continuing party' means a party that has not been excluded under section 19 of the Territory Electoral Act; 'Preference mark' means the number 1, a tick or a cross; 'Territory Electoral Act' means the Australian Capital Territory (Electoral) Act 1988; 'this Act', except in sections 7 and 32, includes the Territory Electoral Act;".After subsection 4 (1): Insert the following subsection: "(1A) For the purposes of this Act, a registered party shall be taken to endorse a candidate in a general election if the party nominates the candidate in the election.".Subsections 4 (5), (6), (7) and (8): Omit the subsections.Paragraph 4 (9) (b): Omit the paragraph.Paragraph 4 (9) (c): Omit "a State or", substitute "the Commonwealth, a State or a".Paragraph 4 (9) (d): After "State" insert ", of the Assembly". Modifications of Part V-Subdivisions and polling places Section 79: Omit the section.Subsections 80 (2) and (3): Omit the subsections, substitute the following subsections: "(2) No polling place shall be abolished during a pre-election period. "(3) The Electoral Commission shall, on at least one occasion within each pre-election period, if it is practicable to do so, publish in a newspaper circulating generally in the Territory a notice setting out all polling places in the Territory.".Modification of Part VII-Qualifications and disqualifications for enrolment and for voting Subsections 93 (1) and (2): Omit the subsections.