Australian Capital Territory
Electoral Amendment Act 2004
A2004-26
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Act amended	2
	4	New section 3A	2
	5	Application for registration of political party
Section 89	3
	6	Section 89 (e)	3
	7	New section 89 (2)	3
	8	Further information about application for political party registration
Section 90 (2) and (5)	3
	9	Section 90	3
	10	Refusal of applications for registration
Section 93 (1) (a)	4
	11	New section 95B	4
	12	Section 97A	4
	13	Section 136	5
	14	Section 136A	6
	15	Issue of voting papers to registered declaration voters Section 141, new note	8
	16	Section 143	8
	17	New section 144A	9
	18	Section 187	10
	19	Section 187A	12
	20	Definitions for pt 14
Section 198, definition of gift, paragraph (d)	12
	21	Who eligible votes are cast for
Section 206 (a)	12
	22	Entitlements to funds
Section 207 (2)	12
	23	Threshold
Section 208 (3)	13
	24	Making of payments
Section 212 (3)	13
	25	Section 212	13
	26	Death of candidate
Section 214 (2) (a)	13
	27	Disclosure of gifts
Section 217 (3)	13
	28	Section 221 (1)	13
	29	Section 221 (4)	14
	30	Annual returns of donations
Section 221A (6), definition of gift, paragraph (b)	14
	31	Section 222 (7), definition of prescribed amount	14
	32	Definitions for div 14.5
Section 223, definition of participant, paragraph (a)	14
	33	Section 224 (5)	15
	34	Returns by broadcasters and publishers
Section 226 (2) (b) and (c)	15
	35	Noncompliance with pt 14
Section 241 (2) (a)	15
	36	Preliminary scrutiny of declaration voting papers Schedule 3, clause 6 (1), definition of relevant provision, paragraphs (b) to (d)	15
	37	Dictionary, new definition of authorised delivery service	16
	38	Dictionary, definition of declaration vote, paragraphs (b) to (d)	16
	39	Dictionary, definition of eligible elector	16
	40	Dictionary, new definition of post	16
	41	Dictionary, definition of postal vote	16
	42	Referendum (Machinery Provisions) Act 1994, section 17 (3) (a)	17
Schedule 1	Further amendments about ballot groups	18

Australian Capital Territory
Electoral Amendment Act 2004
A2004-26

An Act to amend the Electoral Act 1992 and the Referendum (Machinery Provisions) Act 1994

    

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

1	Name of Act
This Act is the Electoral Amendment Act 2004.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Act amended
This Act amends the Electoral Act 1992.
4	New section 3A
3A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):  
·	section 143
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
5	Application for registration of political party
Section 89
omit 
An application
substitute
	(1)	An application
6	Section 89 (e)
substitute
	(e)	be accompanied by a copy of the party’s constitution; and
	(f)	be accompanied by a list of the names and addresses of at least 100 members of the party who are electors.
7	New section 89 (2)
insert
	(2)	The commissioner may use information obtained under subsection (1) (f) only to find out whether the party has at least 100 members who are electors.
8	Further information about application for political party registration
Section 90 (2) and (5)
omit
9	Section 90
renumber subsections when Act next republished under Legislation Act
10	Refusal of applications for registration
Section 93 (1) (a)
substitute
	(a)	for an application for registration of a political party—the commissioner believes on reasonable grounds that, when it made the application, the party did not have at least 100 members who were electors; or
11	New section 95B
insert
95B	When certain action cannot be taken
	(1)	This section applies if, in the period beginning 1 July in a year when an ordinary election must be held and ending when the pre-election period for the election begins, the commissioner receives an application—
	(a)	to register a political party; or
	(b)	to change the name or abbreviation of a political party.
	(2)	The commissioner must not take any action under this part in that period in relation to the application.
12	Section 97A 
substitute
97A	Information about political parties
	(1)	The commissioner may, by written notice given to the registered officer of a registered party, require the officer to give the commissioner information stated in the notice that is reasonably necessary for the commissioner to find out whether the party is entitled to be registered.
	(2)	Without limiting subsection (1), the commissioner may, under that subsection, require the registered officer to give the commissioner a list, as at a stated date, of the names and addresses of at least 100 members of the party who are electors.
	(3)	The commissioner may use the information obtained under subsection (2) only to find out whether the party is entitled to be registered.
13	Section 136
substitute
136	Definitions for div 10.4
	(1)	In this division:
authorised delivery service means—
	(a)	Australia Post; or
	(b)	if, under subsection (2), the commissioner decides that a delivery service be used instead of Australia Post—that delivery service; or
	(c)	if, under subsection (2), the commissioner decides that a delivery service be used in addition to Australia Post—Australia Post or that delivery service.
eligible elector, for an election, means an elector who is entitled to vote at the election and—
	(a)	who expects to be unable to attend at a polling place on polling day; or
	(b)	whose address is a suppressed address.
post means send using an authorised delivery service.
	(2)	For subsection (1), definition of post, the commissioner may, in writing, decide that a delivery service be used instead of or in addition to Australia Post.
14	Section 136A
substitute
136A	Applications for postal voting papers
	(1)	An eligible elector for an election may apply to an authorised officer for declaration voting papers for postal voting (postal voting papers) for the election.
	(2)	The application must be—
	(a)	signed and dated by the eligible voter in the presence of an authorised witness; and
	(b)	signed and dated by the witness; and
	(c)	received by an authorised officer before 8 pm on the day before polling day.
Note 	If a form is approved under s 340A (Approved forms) for an application, the form must be used.
	(3)	If an authorised officer receives an application under this section from a person claiming to be an eligible voter for an election (the applicant), the officer must—
	(a)	if satisfied that the applicant’s name is on the certified list of electors for an electorate—post postal voting papers for the electorate to the applicant; or
	(b)	if not so satisfied—post postal voting papers for the electorate in which in the applicant claims to be enrolled to the applicant.
	(4)	However, the authorised officer must not post postal voting papers to the applicant—
	(a)	if the applicant has nominated a postal address outside Australia—if the application is received by the officer after 5 pm on the Friday 8 days before polling day; or
	(b)	in any other case—if the application is received by the officer after the last mail clearance, at the post office nominated by the commissioner in the postal voting papers, on the last Thursday before polling day; or
	(c)	in any case—if the officer has reason to believe that the applicant is at a place where the normal transmission of mail has been significantly disrupted or curtailed or is otherwise unreliable.
	(5)	Despite subsections (3) and (4), the authorised officer may give the postal voting papers to the applicant using a courier or other agent (other than an authorised delivery service), if the officer believes on reasonable grounds that—
	(a)	the applicant is a person to whom subsection (4) applies; and
	(b)	the papers are likely to reach the applicant in sufficient time for the applicant’s ballot paper to be completed and posted or given in accordance with section 144A (Requirements for casting postal votes) if the papers are sent to the applicant using the agent.
	(6)	Despite subsections (3) and (5), the authorised officer must not post or give postal voting papers to the applicant earlier than the 19th day before polling day.
	(7)	If postal voting papers are sent or given to the applicant in accordance with this section, neither the authorised officer nor the commissioner is responsible for ensuring that the papers reach the applicant.
Note	Section 144A deals with how to cast a postal vote.
15	Issue of voting papers to registered declaration voters Section 141, new note
insert
Note	Section 144A deals with how to cast a postal vote.
16	Section 143
substitute
143	Soliciting applications for postal declaration votes
	(1)	A person commits an offence if the person does anything to induce someone else—
	(a)	to complete an application form for declaration voting papers for postal voting; and
	(b)	to return the completed form to an address that is not an address authorised by the commissioner.
Maximum penalty: 30 penalty units.
	(2)	A person commits an offence if the person does anything to induce someone else to complete an application form for declaration voting papers for postal voting that is not the form approved under section 340A for the application form.
Maximum penalty: 30 penalty units.
	(3)	An offence against this section is a strict liability offence.
17	New section 144A
insert
144A	Requirements for casting postal votes
	(1)	This section applies to a person if the person has received declaration voting papers for an election under section 136A (Applications for postal voting papers) or section 141 (Issue of voting papers to registered declaration voters).
	(2)	To cast a postal vote—
	(a)	the person must show the unsigned declaration and certificate, and the unmarked ballot paper to an authorised witness; and
	(b)	the person must complete and sign the declaration in the presence of the witness; and
	(c)	the witness must complete and sign the certificate as witness; and
	(d)	the person must, in the presence of the witness but so that the witness cannot see the vote, mark his or her vote on the ballot paper, fold the ballot paper, place it in the envelope addressed to the commissioner and fasten the envelope; and
	(e)	the person must—
	(i)	post the envelope and contents to the commissioner before polling day; or
	(ii)	give the envelope and contents to the commissioner or another officer on or before polling day.
Note	For restrictions on sending completed ballot and voting papers by fax, see s 329.
	(3)	This section is subject to section 156 (Assistance to voters).
18	Section 187
substitute
187	Recount of ballot papers
	(1)	The commissioner may, at any time before the declaration of the result of an election, arrange for a recount of some or all of the ballot papers for the election—
	(a)	on the commissioner’s own initiative; or
	(b)	on application under section 187A by a candidate for the election.
	(2)	The commissioner must, if directed by the electoral commission under section 187B (Review of decision of commissioner to refuse to arrange for recount), arrange for a recount of some or all of the ballot papers for the election.
	(3)	In recounting ballot papers, the commissioner—
	(a)	may reverse a decision made earlier in the scrutiny; but
	(b)	must deal with the ballot papers in a way that is consistent with this part.
	(4)	Before a recount is conducted, the commissioner must tell each candidate, in writing, the date, time and place fixed for the recount.
187A	Application for recount of ballot papers etc
	(1)	A candidate for an election may apply to the commissioner for a recount of some or all of the ballot papers for the election.
	(2)	The application must—
	(a)	be in writing; and
	(b)	set out the reasons for the requested recount.
	(3)	The commissioner must—
	(a)	arrange for the requested recount; or
	(b)	refuse to arrange for the requested recount.
187B	Review of decision of commissioner to refuse to arrange for recount
	(1)	This section applies if—
	(a)	a candidate for an election applies to the commissioner under section 187A for a recount of some or all of the ballot papers for an election (the requested recount); and
	(b)	the commissioner refuses to arrange for the requested recount.
	(2)	The candidate may apply to the electoral commission for review of the commissioner’s decision.
	(3)	The application to the electoral commission must—
	(a)	be in writing; and
	(b)	set out the applicant’s reasons for making the application.
	(4)	On review of the decision, the electoral commission may—
	(a)	confirm the commissioner’s decision; or
	(b)	set the decision aside and direct the commissioner to arrange for—
	(i)	the requested recount; or
	(ii)	another recount of some or all of the ballot papers.
	(5)	In considering the application, the electoral commission may have regard to the commissioner’s reasons for refusing to arrange for the requested recount.
	(6)	Unless the decision to refuse to arrange for the requested recount was made by a delegate of the commissioner, the commissioner must not—
	(a)	be present during any deliberation of the electoral commission in relation to the application; or
	(b)	take part in any decision of the electoral commission in relation to the application.
19	Section 187A
renumber as section 187C
20	Definitions for pt 14
Section 198, definition of gift, paragraph (d)
substitute
	(d)	for division 14.4 (Disclosure of donations) and in relation to a candidate—a gift made to or received by the candidate for the benefit of a party or non-party group of which the candidate is a member.
21	Who eligible votes are cast for
Section 206 (a)
substitute
	(a)	an eligible vote cast for a party candidate is taken to be cast for the party and not for the candidate; and
22	Entitlements to funds
Section 207 (2)
substitute
	(2)	The prescribed amount is payable for each eligible vote cast for a party, non-party group or candidate in an election.
23	Threshold
Section 208 (3)
omit
24	Making of payments
Section 212 (3)
omit
or ballot group
25	Section 212
renumber subsections when Act next republished under Legislation Act
26	Death of candidate
Section 214 (2) (a)
omit
or ballot group
27	Disclosure of gifts
Section 217 (3)
substitute
	(3)	However, the reporting agent is not required to state the matters mentioned in subsection (2) (c) to (e) for a gift by a person if the amount of the gift and the total of all other gifts made to the candidate by the person is less than $1 500.
28	Section 221 (1)
substitute
	(1)	If, during the disclosure period for an election, a person (other than a party, a candidate or an associated entity) makes gifts totalling $1 500 or more to the same non-party group or candidate in the election or the same specified body, the person must give the commissioner a return within 15 weeks after the polling day for the election.
Note 1	If a form is approved under s 340A (Approved forms) for a return, the form must be used.
Note 2	For how a return may be given, see Legislation Act, pt 19.5.
29	Section 221 (4)
omit
non-party groups or
30	Annual returns of donations
Section 221A (6), definition of gift, paragraph (b)
substitute
	(b)	a gift made by a party, member of a non-party group, MLA, candidate or associated entity.
31	Section 222 (7), definition of prescribed amount
substitute
prescribed amount, for a gift made to or for the benefit of a party, MLA, associated entity, candidate or non-party group, means $1 500.
32	Definitions for div 14.5
Section 223, definition of participant, paragraph (a)
substitute
	(a)	a party, non-party group or candidate; or
33	Section 224 (5)
substitute
	(5)	A person is not required to give the commissioner a return under subsection (4) in relation to an election if the amount of the electoral expenditure incurred in relation to the election by or with the person’s authority is less than $1 500.
34	Returns by broadcasters and publishers
Section 226 (2) (b) and (c)
substitute
	(b)	the name and address of the person at whose request the advertisement was broadcast or published;
	(c)	the name and address of the participant in the election with whose authority the advertisement was broadcast or published;
35	Noncompliance with pt 14
Section 241 (2) (a)
omit
or ballot group
36	Preliminary scrutiny of declaration voting papers Schedule 3, clause 6 (1), definition of relevant provision, paragraphs (b) to (d)
substitute
	(b)	for a vote under section 136B—section 135 (4) as applied by section 136B (18); or
	(c)	for a vote under section 136C—section 135 (4) as applied by section 136C (8); or
	(d)	for a vote under section 144A—section 144A (2).
37	Dictionary, new definition of authorised delivery service
insert
authorised delivery service, for division 10.4 (Voting otherwise than at a polling place)—see section 136.
38	Dictionary, definition of declaration vote, paragraphs (b) to (d)
substitute
	(b)	section 136B (15) (Ordinary or declaration voting in ACT before polling day);
	(c)	section 136C (Declaration voting outside ACT on or before polling day); 
	(d)	section 144A (Requirements for casting postal votes).
39	Dictionary, definition of eligible elector
substitute
eligible elector, for division 10.4 (Voting otherwise than at a polling place)—see section 136.
40	Dictionary, new definition of post
insert
post, for division 10.4 (Voting otherwise than at a polling place)—see section 136.
41	Dictionary, definition of postal vote
substitute
postal vote means a declaration vote to which section 144A (Requirements for casting postal votes) applies.
42	Referendum (Machinery Provisions) Act 1994, section 17 (3) (a)
omit
, registered ballot group

Schedule 1	Further amendments about ballot groups
[1.1]	Part 7 heading
omit
and ballot groups
[1.2]	Section 88 heading
substitute
88	Register of political parties
[1.3]	Section 88 (1)
substitute
	(1)	The commissioner must keep a register of political parties.
[1.4]	Section 88 (2)
omit
A register
substitute
The register
[1.5]	Section 88 (2) (c)
omit
party or group;
substitute
party.
[1.6]	Section 88 (2) (d)
omit
[1.7]	Section 88 (3)
omit
each register
substitute
the register
[1.8]	Section 89A 
omit
[1.9]	Section 91 (2) (a) (iv)
omit
[1.10]	Section 91 (2) (b)
omit
, for an application for registration of a political party,
[1.11]	Section 91 (5)
omit
, for an application for registration of a political party,
[1.12]	Section 92 heading
substitute
92	Registration of political parties
[1.13]	Section 92 (4)
substitute
	(4)	The commissioner must also give notice of the registration to the secretary of the political party.
[1.14]	Section 93 (2) (c), (d) and (g)
omit
or a registered ballot group
[1.15]	Section 93 (2) (h)
omit
[1.16]	Section 93 (3) (a)
omit
, or the MLA who applied to register the group,
[1.17]	Section 95 (2)
omit
[1.18]	Section 95 (3)
substitute
	(3)	This part (other than section 94 and this section) applies, with all necessary changes, to an application under subsection (1), as if it were an application for registration of the political party and any objection to the application were an objection to the registration.
[1.19]	Section 97 (1) (b)
omit
or the sponsoring MLA of the group
[1.20]	Section 98 heading
substitute
98	Cancellation of registration of political parties
[1.21]	Section 98 (2)
omit
[1.22]	Section 98 (3)
omit
or (2)
[1.23]	Section 98 (8)
substitute
	(8)	For subsection (7) (a), the relevant person is the secretary, or last secretary, of the registered party.
[1.24]	Section 98 (10)
omit
[1.25]	Section 98 (14)
substitute
	(14)	If the commissioner cancels the registration of a registered party under subsection (6), the commissioner must give a review statement about the decision to cancel the registration to the registered officer, or last registered officer, of the party.
[1.26]	Section 99 heading
substitute
99	Use of party name after cancellation
[1.27]	Section 99 (1) (b)
omit
, or a ballot group,
[1.28]	Section 99 (2) and (3)
omit
[1.29]	Section 105 (2) (b)
omit
[1.30]	Section 117 (1), definition of ballot group name
omit
[1.31]	Section 117 (2) (c) and (d)
omit
[1.32]	Section 117 (2) (e)
omit
, ballot group or grouped 
[1.33]	Section 198, definition of ballot group
omit
[1.34]	Section 198, definition of reporting agent 
omit
, group
[1.35]	Section 198A heading
substitute
198A	Reference to things done by party etc
[1.36]	Section 198A (2)
omit
[1.37]	Section 200 (1)
omit
or ballot group candidate
[1.38]	Section 203 (2)
omit
[1.39]	Section 203 (3) and (4)
omit
or (2)
[1.40]	Section 205 (4) (c)
omit
[1.41]	Section 205 (5)
omit
, secretary of the party, or sponsoring MLA of the ballot group
substitute
or secretary of the party
[1.42]	Section 208 (2)
omit
or ballot group’s
[1.43]	Section 218A (3)
omit
[1.44]	Section 218A (8), definition of relevant person, paragraph (b)
omit
[1.45]	Section 222 (7), definition of relevant person, paragraph (b)
omit
[1.46]	Section 230 heading
230	Annual returns by parties and MLAs
[1.47]	Section 231 (1) (b)
omit
[1.48]	Section 237 (8) (a)
omit
a ballot group or MLA
substitute
an MLA
[1.49]	Section 237 (8) (b)
omit
ballot group or
[1.50]	Section 292 (1) (b)
substitute
	(b)	if the matter was published for a registered party or candidate for election—the name of the party or candidate.
[1.51]	Section 304 and 337 (1) (h) and (i)
omit
, registered ballot group
[1.52]	Schedule 1, form of ballot paper, instructions 4 and 7
omit
or registered ballot group
[1.53]	Dictionary, definition of abbreviation 
substitute
abbreviation, of the name of a political party, includes an alternative name of the party.
[1.54]	Dictionary, definition of ballot group
omit
[1.55]	Dictionary, definition of ballot group candidate
omit
[1.56]	Dictionary, definitions of registered and registered ballot group
substitute
registered, for an abbreviation of the name of a registered party, means an abbreviation included in the particulars for the party in the register of political parties.
[1.57]	Dictionary, definition of registered officer
substitute
registered officer, for a registered party, means the person whose name is entered in the register of political parties as the registered officer of the party.
[1.58]	Dictionary, definition of register of ballot groups
omit
[1.59]	Dictionary, definition of sponsoring MLA
omit
[1.60]	Further amendments, mentions of ‘, ballot group’
omit
, ballot group
in
·	section 4 (2) (d)
·	section 198, definition of register, paragraph (a)
·	section 198, definition of reporting agent
·	section 205 (1)
·	section 218A (1)
·	section 220 (1) 
·	section 221A (1), (2) (b), (3) (c) and (5)
·	section 221B (1)
·	section 222 (1), (2) and (3)
·	section 224 (4) 
·	section 230 (1), (2) and (4)
·	section 231 (2)
·	section 232 (1)
·	section 234 (1)
·	section 239 (2) and (3)
·	section 242 (3) (b)
[1.61]	Further amendments, mentions of ‘and ballot groups’
omit
and ballot groups
in
·	section 95A (2) (b)
·	section 203 (4)
·	section 204 (2)
·	section 245 (k)
·	section 247 (3) (a) (i)
·	dictionary, definition of registered party
·	dictionary, definition of related political parties
[1.62]	Further amendments, mentions of ‘or group’
omit
or group
in
·	section 88 (2) (a) and (b)
·	section 91 (2) (a) (ii) and (iii)
·	section 92 (1)
·	section 93 (1) (b), (c) and (2)
·	section 97 (1) (a) and (1) (b) and (5)
·	section 98 (6) (b), (7) (a) (i), (7) (b) (i) and (15) (a)
·	section 105 (4) (f)
·	section 200 (1)
·	section 301 (3) (b) 
[1.63]	Further amendments, mentions of ‘or ballot group’
omit
or ballot group
in
·	section 88 (2)
·	section 91 (1) and (2) (a) (i)
·	section 91A (1), (2) and (4)
·	section 92 (1), (2) and (5)
·	section 93 (1), (2), (3) and (4)
·	section 94 (1) and (6)
·	section 96
·	section 201 (2), definition of disclosure day, paragraph (b) (i)
·	section 203 (4)
·	section 204 (1) and (2)
·	section 208 (2) 
·	section 212 (1)
·	section 220 (6) (c) 
·	section 224 (3) 
·	section 225 (3) 
·	section 230 (8) 
·	section 231 (2)
·	section 236 (1), penalty, paragraph (a)
·	section 237 (3) (b) and (6)
·	section 245 (h), (i) and (k)
·	section 247 (3) (a) (i)
·	section 291, definition of address, paragraph (a)
[1.64]	Further amendments, mentions of ‘, ballot groups’
omit
, ballot groups
in
·	section 198, definition of associated entity
·	section 231 (2)
·	section 231B (4) (a)
·	section 232 (1)
[1.65]	Further amendments, mentions of ‘or registered ballot group’
omit
or registered ballot group
in
·	section 93 (1) (b)
·	section 95 (4)
·	section 96A
·	section 97 (1), (4) and (5)
·	section 98 (6), (7), (11) and (15)
·	section 105 (4) (f)
·	section 109 (2) (b)
·	section 115 (1)
·	section 289 (1) (a)
·	section 291, definition of address, paragraph (a)
·	section 301 (3) (a)
[1.66]	Act—renumbering
renumber subsections, paragraphs and subparagraphs when Act next republished under Legislation Act

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 8 May 2003.
2	Notification
	Notified under the Legislation Act on 21 May 2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Electoral Amendment Bill 2004, which originated in the Legislative Assembly as the Electoral Amendment Bill 2003 and was passed by the Assembly on 15 May 2004 a.m.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004