AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67, 1991
AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - LONG TITLE
An Act to amend the Australian Capital Territory (Electoral) Act 1988, and for related purposes AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 1 Short title etc.
(Assented to 25 June 1991) 1. (1) This Act may be cited as the Australian Capital Territory (Electoral) Amendment Act 1991. (2) In this Act, "Principal Act" means the Australian Capital Territory (Electoral) Act 1988.*1* (Minister's second reading speech made in- House of Representatives on 6 March 1991 Senate on 13 March 1991) *1*No. 107, 1988, as amended. For previous amendments, see No. 60, 1989. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 2 Commencement
2. This Act commences on the day on which it receives the Royal Assent. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 3 Heading to Part 1
3. Before section 1 of the Principal Act the following heading is inserted: "PART 1 - PRELIMINARY". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 4 Heading to Part 2
4. After section 7 of the Principal Act the following heading is inserted: "PART 2 - ELECTIONS". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 5 Registration of political parties
5. Subsection 13 (2) of the Principal Act is amended by omitting "political party" and substituting "eligible political party within the meaning of Part XI of the Electoral Act". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 6 Application of Commonwealth Electoral Act
6. Section 16 of the Principal Act is amended: (a) by inserting in subsection (2) "and Schedules 2 and 3" after "(inclusive)"; (b) by omitting paragraph (2) (a); (c) by adding at the end of paragraph (6) (b) "and"; (d) by omitting from paragraph (6) (c) "; and"; (e) by omitting paragraph (6) (d). AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 7 Voting at general elections
7. Section 18 of the Principal Act is amended by adding at the end the following subsections: "(2) Paragraph (1) (a) does not prevent the making of special provisions exempting certain persons who are in Antarctica or overseas from the compulsory voting requirement. Note: See section 245 of the Electoral Act. "(3) Paragraph (1) (b) does not prevent the making of special provisions for persons who are so sight impaired or physically incapaciated or illerate that they cannot vote without assistance. Note: See section 234 of the Electoral Act.". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 8 Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.
8. Section 21 of the Principal Act is amended: (a) by omitting paragraph (1) (a); (b) by omitting subsection (2). AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 9 Heading to Part 3
9. After section 25 of the Principal Act the following heading is inserted: "PART 3 - MISCELLANEOUS". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 10 Regulations
10. Section 28 of the Principal Act is amended by adding at the end the following section: "(4) The regulations may amend, omit or add to the modifications of the Commonwealth Electoral Act 1918 set out in Schedule 1.". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 11

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11. After section 29 of the Principal Act the following Part is inserted: "PART 4 - REFERENDUM TO CHOOSE ELECTORAL SYSTEM Definitions "30. In this Part, unless the contrary intention appears: `declaration vote' means any of the following: (a) a postal vote; (b) a pre-poll vote; (c) an absent vote; (d) a provisional vote; `election ballot paper' means a ballot paper for the election; `referendum' means the referendum referred to in section 31; `referendum ballot paper' means a ballot paper for the referendum; `the election' means the election whose polling day is the same day as voting day for the referendum; `voting day' means the day when the votes are to be taken for the purposes of the referendum. Referendum to choose electoral system "31. (1) A referendum is to be held to enable the electors of the Territory to choose which of 2 voting systems is to be used at future elections. "(2) The 2 systems are the single member electorates system and the proportional representation (Hare-Clark) system, more fully described in the Referendum Options Description Sheet set out in Schedule 3. "(3) Votes for the purposes of the referendum are to be taken on the same day as polling day for the next general election to be held after the commencement of this Part. Administration "32. (1) The Electoral Commission is to conduct the referendum. "(2) A person who holds an office or appointment under this Act for the purposes of the election is taken to hold that office or appointment also for the purposes of the referendum. "(3) The Electoral Commission may, on behalf of the Commonwealth, engage such temporary staff as it thinks necessary for the purposes of the referendum. A person so engaged is taken to be an officer for the purposes of this Part. "(4) The Australian Capital Territory Electoral Officer may give directions to officers about the conduct of the referendum on matters not provided for by or under this Part. Distribution to electors of Referendum Options Description Sheet and arguments for and against different options "33. (1) The Electoral Commissioner must, not later than 14 days before voting day, cause to be printed and to be posted to each elector, as nearly as practicable, a copy of the Referendum Options Description Sheet set out in Schedule 3. "(2) The Electoral Commissioner must: (a) print the Referendum Options Description Sheet so that the descriptions of the 2 systems appear side by side in 2 vertical columns; and (b) determine by lot which option is to occupy the left-hand vertical column in the Sheet and print the Sheet accordingly. "(3) If, within 2 weeks after the commencement of this Part, there is forwarded to the Electoral Commissioner: (a) an argument in support of the single member electorates system option, consisting of not more than 2,000 words, authorised by the Minister; or (b) an argument in support of the other option, consisting of not more than 2,000 words, authorised by the Leader of the Opposition in the House of Representatives and the Leader of the Australian Democrats in the Parliament; the Electoral Commissioner must, not later than 14 days before voting day, cause to be printed and to be posted to each elector, as nearly as practicable, a pamphlet containing the argument. "(4) If both arguments are forwarded to the Electoral Commissioner in accordance with subsection (3), the Electoral Commissioner must: (a) print both arguments in the same pamphlet; and (b) print those arguments side by side in 2 vertical columns, so that the left-hand column is occupied by the argument in support of the option whose description occupies the left-hand column in the Referendum Options Description Sheet. "(5) The Commonwealth and the Territory must not spend money in respect of the presentation of the argument in support of either of the options except in relation to: (a) the preparation, printing and distribution of the Sheet and pamphlet referred to in this section, or the preparation and distribution of translations into other languages of material contained in that Sheet and pamphlet; (b) the preparation and distribution of presentations of that material in forms suitable for the visually impaired; (c) the provision by the Electoral Commission of other information relating to either of the options; or (d) the salaries and allowances of members of the Parliament, of members of the staff of members of the Parliament, of members of the Legislative Assembly, of members of the staff of members of the Legislative Assembly, or of persons who are officers or employees within the meaning of the Public
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Service Act 1922. Entitlement to vote "34. (1) A person is entitled to vote at the referendum if he or she is entitled to vote at the election. "(2) A person must not vote more than once at the referendum. Compulsory voting "35. (1) A person who: (a) is entitled to vote at the referendum; and (b) fails to vote at the referendum without a valid and sufficient reason for the failure; is guilty of an offence punishable, upon conviction, by a fine not exceeding $50. "(2) Subsection (1) does not apply to an Antarctic elector or an eligible Territory overseas elector. Ballot papers "36. (1) The ballot papers are to be in the alternative formats set out in Schedule 4, one format with one option appearing first, the other format with the other option appearing first. "(2) So far as is practicable, ballot papers are to be issued to voters so that no 2 consecutive voters at a particular place where ballot papers are issued will receive ballot papers of the same format. "(3) Ballot papers are to bear an official mark approved by the Electoral Commission by notice published in the Commonwealth Gazette. Scrutineers "37. (1) Subject to subsection (2), a person appointed as a scrutineer for the election is taken also to be appointed for the referendum. "(2) At each place where referendum ballot papers are being counted, the number of scrutineers for a candidate must not exceed the number of officers engaged in the counting. Procedures for polling "38. (1) The same polling booths are to be used for the election and the referendum. "(2) The same ballot boxes may be used for the election and the referendum. "(3) The hours of polling for the referendum are to be the same as for the election (including any adjournment or resumption of polling). "(4) Subject to subsection (6), a person must be issued with a referendum ballot paper at the same time as he or she is issued with an election ballot paper. "(5) The provisions of the Electoral Act relating to the issue of fresh election ballot papers in substitution for spoilt election ballot papers apply in the same way in relation to referendum ballot papers. "(6) A person who is issued with a fresh election ballot paper because the ballot paper has been spoilt need not be issued with a fresh referendum ballot paper. "(7) A voter who is entitled to assistance in marking an election ballot paper is entitled to the same assistance in marking a referendum ballot paper. "(8) A person who casts a vote (other than a declaration vote) for the election must cast his or her vote for the referendum in the same way. Declaration voting "39. (1) A person who casts a declaration vote for the election must cast his or her vote for the referendum in the same way. "(2) The marked referendum ballot paper of a declaration voter must be placed in the same envelope as the election ballot paper. "(3) The referendum ballot paper of a declaration voter is to be admitted to further scrutiny for the referendum if, and only if, the election ballot paper is admitted to further scrutiny for the election. "(4) A voter who is entitled to assistance in casting a declaration vote for the election is entitled to the same assistance in casting a declaration vote for the referendum. Marking a ballot paper "40. A voter must mark his or her ballot paper in accordance with the directions on it. Informal ballot papers "41. (1) A ballot paper is informal if, and only if: (a) it: (i) does not bear the official mark; or (ii) is not authenticated by the initials of the issuing officer; and the Australian Capital Territory Electoral Officer is not satisfied that it is an authentic ballot paper; or (b) it has no vote marked on it or the voter's intention is not clear; or (c) it has on it any mark or writing (other than a mark or writing authorised by law or placed on the ballot paper by an officer) by which, in the opinion of the Australian Capital Territory Electoral Officer, the voter can be identified. "(2) Effect is to be given to a ballot paper according to the voter's intention, so far as that intention is clear. Scrutiny "42. The Australian Capital Territory Electoral Officer must:
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(a) cause the number of votes in favour of each option, and the number of informal votes, to be counted; and (b) as soon as practicable after the count is concluded, publish a notice in the Commonwealth Gazette setting out the numbers so counted. Close of the polling in Antarctica "43. The procedure on and after the close of the poll in Antarctica is the same for the referendum as for the election. General offences "44. (1) The provisions of the Electoral Act creating offences in relation to the election apply in the same way, subject to paragraph (2) (b), in relation to the referendum. "(2) For the purposes of subsection (1): (a) the relevant period defined in section 322 of that Act is the same period for the referendum as for the election; and (b) `electoral matter' means matter that is intended or likely to affect voting in the referendum, and includes any matter that contains an express or implied reference to the referendum or to either of the options. Bribery "45. (1) A person must not give or confer, or promise or offer to give or confer, any property or benefit of any kind to another person: (a) in order to influence the vote of any person at the referendum; or (b) in order to induce any person not to vote at the referendum. Penalty: Imprisonment for two years. "(2) Subsection (1) does not apply in relation to a declaration of public policy or a promise of public action. Badges or emblems in polling booths "46. An officer or scrutineer who wears or displays in a polling booth on voting day any badge or emblem in support of or in opposition to either of the options is guilty of an offence. Penalty: $1,000. Errors, etc. "47. The provisions of the Electoral Act providing for the correction of delays, errors and omissions, and the extension of times, in relation to the election apply in the same way in relation to the referendum. Disputed Returns "48. (1) The validity of the referendum or of any statement showing the voting at the referendum may be disputed in accordance with this section and not otherwise. "(2) The validity of the referendum or of any statement showing the voting at the referendum may be disputed by a person who was qualified to vote at the referendum by petition addressed to the Supreme Court of the Australian Capital Territory. "(3) For the purposes of such a dispute, Part VIII of the Referendum (Machinery Provisions) Act 1984 applies with the necessary changes. "(4) In particular, that Act applies for the purposes of this section as if: (a) references to the High Court were references to the Australian Capital Territory Supreme Court; and (b) the reference in paragraph 101 (1) (c) of that Act to the various Attorneys-General were a reference to the petitioner; and (c) references to the Electoral Commissioner or to an Electoral Officer were references to the Australian Capital Territory Electoral Officer; and (d) section 105 of that Act were omitted; and (e) the reference in section 106 of that Act to the Commonwealth, a State or the Northern Territory were omitted; and (f) the reference in paragraph 107A (a) of that Act to Schedule 4 were a reference to Schedule 3 to the Electoral Act; and (g) the references to that Act and the regulations were references to the law relating to the referendum. "(5) The referendum or any statement showing the voting at the referendum is not invalidated merely because the Electoral Commissioner may not have strictly complied with a provision of section 33. Regulations "49. The regulations may prescribe all matters necessary or convenient to be prescribed for carrying out or giving effect to this Part and, in particular, prescribe penalties not exceeding $500 for offences against those regulations.". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 12 Amendments of Schedules to the Principal Act
12. (1) Schedule 1 to the Principal Act is amended by amending modifications of the Commonwealth Electoral Act 1918 (in this section called the "1918 Act") in that Schedule in accordance with Schedule 1 to this Act. (2) Schedule 1 to the Principal Act is amended by omitting modifications of the 1918 Act in that Schedule, and substituting modifications, in accordance with Schedule 2 to this Act. (3) Schedule 1 to the Principal Act is amended by omitting modifications of the 1918 Act in that Schedule in accordance with Schedule 3 to this Act. (4) Schedule 1 to the Principal Act is amended by inserting in that Schedule modifications of the 1918 Act in accordance with Schedule 4 to this Act.
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AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 13 Addition of Schedules 3 and 4
13. The Principal Act is amended by adding at the end the Schedules set out in Schedules 5 and 6 of this Act. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 14 Transitional - certain registered parties to provide membership list
14. (1) In this section: "information period" means the period of 30 days immediately after the day on which this Act receives the Royal Assent; "reviewable party" means a registered party other than a Parliamentary party within the meaning of Part XI of the Electoral Act. (2) A reviewable party may, within the information period, give the Electoral Commission a written list of the names and addresses of at least 100 of the party's members within the meaning of Part XI of the Electoral Act. (3) If a reviewable party does not give a list of the party's members as provided for in subsection (2), the Electoral Commission must: (a) de-register the party; and (b) give written notice of the de-registration to the person who was the last registered officer of the party; and (c) cause the particulars on the Register of Political Parties that relate to that party to be cancelled; and (d) publish a notice of the de-registration in the Gazette. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SECT 15 Transitional - certain registered parties liable to de-registration
15. (1) Where, on the commencement of this Act, a person is a registered officer of 2 or more registered parties, the Commission must, as soon as practicable after that commencement, give the person notice in writing informing the person of the terms of subsection (2). (2) A registered party is liable to de-registration if: (a) on the day on which this Act commences, the party's registered officer is the registered officer of 2 or more registered parties; and (b) the Electoral Commission has given a notice under subsection (1) to the registered officer; and (c) at the end of the period of 30 days immediately after the day on which the Commission gave that notice, the party's registered officer is a registered officer of 2 or more registered parties. (3) If a registered party becomes liable to de-registration, the Electoral Commission must: (a) de-register the party; (b) give written notice of the de-registration to the person who was the last registered officer of the party; and (c) cause the particulars on the Register of Political Parties that relate to that party to be cancelled; and (d) publish a notice of the de-registration in the Gazette. AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SCHEDULE 1
SCHEDULE 1 Subsection 12 (1) AMENDMENTS OF MODIFICATIONS OF THE COMMONWEALTH ELECTORAL ACT 1918 IN SCHEDULE 1 TO THE PRINCIPAL ACT Modification of subsection 4 (1): (a) Before paragraph (a) of the modification, insert: "(aa) Omit the definition of `Register of Political Parties', substitute: "`Register of Political Parties" means the Australian Capital Territory Register of Political Parties established under section 13 of the Territory Electoral Act;'.". (b) Omit ", `Register of Political Parties' " in paragraph (a) of the modification. Modification of subsection 134 (1): Add at the end: "(c) Omit paragraph (f).". Modification of subsections 137 (1), (2) and (3): (a) Omit substituted subsection (1), substitute: "(1) If the Commission is satisfied on reasonable grounds that a registered party: (a) has ceased to exist (whether by amalgamation with another political party or otherwise); or (b) has ceased to be an eligible political party; or (c) was, or has continued to be, registered because of fraud or misrepresentation; the Commission must: (d) give the registered officer of the party notice, in writing, that it is considering de-registering the party under this section, setting out its reasons for considering doing so; and (e) publish a notice in the Gazette that it is considering de-registering the party under this section.".
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(b) Omit "(a)" in subsection (2), substitute "(d)". Modification of paragraph 170 (c): Omit "$100", substitute "$250". Modification of subsection 239 (1): Omit "whom" in substituted paragraph (1) (b), substitute "which". Modification of paragraphs 268 (1) (b) and (c): (a) Omit "vote" in substituted paragraph (b), substitute "preference mark". (b) Add at the end: "(cb) a preference mark has been placed above the ballot-line in the square opposite the name of an independent candidate and another preference mark has been placed in a square below the ballot-line; (cc) a preference mark has been placed above the ballot-line in the square opposite the name of a particular registered party and another preference mark has been placed below the ballot-line in the square opposite the name of a candidate of another party.". AUSTRALIAN CAPITAL TERRITORY (ELECTORAL) AMENDMENT ACT 1991 No. 67 of 1991 - SCHEDULE 2
SCHEDULE 2 Subsection 12 (2) SUBSTITUTION OF MODIFICATIONS FOR MODIFICATIONS OF THE COMMONWEALTH ELECTORAL ACT 1918 IN SCHEDULE 1 TO THE PRINCIPAL ACT Modification of subsection 123 (1) (definition of "Eligible political party"): Omit the modification, substitute: "Subsection 123 (1): (a) Omit the definition of `Eligible political party', substitute: ` "eligible political party" means a political party that: (a) is a Parliamentary party; or (b) has at least 100 members;'. (b) Insert the following definition: ` "member", in relation to a political party, means a person who is: (a) a member of the political party; and (b) entitled to vote at an election for the Assembly;'.". Modifications of section 126: Omit the modifications, substitute: "Section 126: Omit the section, substitute: Application for registration `126. (1) An application for the registration of an eligible political party may be made to the Commission by the secretary of the party. `(2) An application for the registration of an eligible political party must: (a) be in writing and signed by the applicant; and (b) set out the name of the party; and (c) if the party wishes to be able to use an abbreviation of its name for the purposes of this Act set out an abbreviation of the party's name; and (d) set out the name and address of the secretary of the party; and (e) set out the name and address of the person who is to be the registered officer of the party for the purposes of this Act; and (f) be accompanied by a copy of the constitution of the party. `(3) For the purposes of paragraph (2) (e), an application must not set out the name of a person who is already a registered officer of a registered party. `(4) If an application sets out the name of a person who is already a registered officer, the application is taken not to have been made and subsection (5) does not apply. `(5) Upon receiving an application for registration of a political party, the Commission must: (a) deal with the application in accordance with this Part; and (b) determine whether the party can be registered.'.". Modification of subparagraph 133 (1) (a) (iii): Omit the modification, substitute: "Subparagraphs 133 (1) (a) (iii) and (iv): Omit the subparagraphs, substitute: `and (iii) the name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act in its application in relation to general elections.'.".