Australian Capital Territory
Electoral Amendment Act 2006
A2006-36

An Act to amend the Electoral Act 1992

    

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

1	Name of Act
This Act is the Electoral Amendment Act 2006.
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	Legislation amended
This Act amends the Electoral Act 1992.
4	Section 12
substitute
12	Appointment of members
	(1)	The Executive may appoint the members.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
	(2)	An appointment is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(3)	Before a person is appointed as a member, the Minister must consult the following people about the proposed appointment:
	(a)	the leader of each political party represented in the Legislative Assembly;
	(b)	each member of the Legislative Assembly who is not a member of a political party represented in the Legislative Assembly.
12A	Eligibility for appointment as member
The Executive must not appoint a person as a member if the person—
	(a)	is or has, in the 10 years immediately before the day of the proposed appointment, been a member of—
	(i)	the Legislative Assembly; or
	(ii)	the Parliament of the Commonwealth; or
	(iii)	the legislature of a State or another Territory; or
	(b)	is or has, in the 5 years immediately before the day of the proposed appointment, been a member of—
	(i)	a registered party; or
	(ii)	a political party registered under a law of the Commonwealth, a State or another Territory; or
	(iii)	a political party.
12B	Eligibility for appointment as chairperson
	(1)	The Executive may appoint a person as the chairperson of the electoral commission only if the person—
	(a)	is or has been a judge; or
	(b)	has been a justice of the High Court; or
	(c)	has been a chief executive of an administrative unit; or
	(d)	has been a chief executive officer (however described) of a territory instrumentality; or
	(e)	has been a statutory office-holder; or
	(f)	has been a Commonwealth agency head; or
	(g)	has been a member of—
	(i)	the electoral commission; or
	(ii)	an authority of the Commonwealth, a State or another Territory that the Executive is satisfied corresponds to the electoral commission; or
	(h)	is a person who—
	(i)	is a lawyer; and
	(ii)	has been a lawyer for at least 5 years; and
	(iii)	the Executive is satisfied has held a senior position in the legal profession; or
	(i)	is a person who the Executive is satisfied—
	(i)	has held, for at least 5 years, a senior position—
	(A)	as an academic; or
	(B)	in business; or
	(C)	in a profession; and
	(ii)	has the knowledge and experience to exercise the functions of chairperson.
	(2)	In this section:
Commonwealth agency head means an agency head under the Public Service Act 1999 (Cwlth), section 7 (Interpretation).
Note	The Public Service Act 1999 (Cwlth), s 7, defines agency head as—
	(a)	the secretary of a department; or
	(b)	the head of an executive agency; or
	(c)	the head of a statutory agency.
5	Dictionary, notes 1 and 2
substitute
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	administrative unit
·	adult
·	chief executive (see s 163)
·	Commonwealth
·	doctor
·	Executive
·	exercise
·	fail
·	function
·	judge
·	lawyer
·	Self-Government Act
·	Speaker
·	State
·	statutory office-holder
·	territory instrumentality.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 March 2006.
2	Notification
	Notified under the Legislation Act on 27 September 2006.
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 2006, which was passed by the Legislative Assembly on 19 September 2006.

Clerk of the Legislative Assembly

© Australian Capital Territory 2006