Australian Capital Territory
Electoral Legislation Amendment Act 2012
A2012-1
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Electoral Act 1992
	4	Notice of registered deaths
Section 68	3
	5	Section 75 heading	3
	6	Section 75 (1) (a)	3
	7	Section 113	3
	8	Section 121	4
	9	Section 121A heading	5
	10	Section 121A (1), definition of protected information	5
	11	Meaning of authorised witness
Section 127	6
	12	Requirements for casting postal votes
Section 144A (2) and note	6
	13	Assistance to voters
Section 156 (2) (a)	6
	14	Activities of campaign committees
Section 200 (1)	7
	15	Immaterial delays and errors
Section 268 (1) (b)	7
	16	Correcting delays, errors and omissions
Section 332 (1)	7
	17	Dictionary, definition of authorised witness	7
	18	Dictionary, definition of certified list of electors	8
	19	Dictionary, definition of declaration voting papers, paragraph (c)	8
Part 3	Electoral Regulation 1993
	20	Declaration ballot papers
Section 5A	9
Schedule 1	Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments	10

Australian Capital Territory
Electoral Legislation Amendment Act 2012
A2012-1

An Act to amend the Electoral Act 1992, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Electoral Legislation Amendment Act 2012.
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 and the Electoral Regulation 1993.
Note	This Act also amends the Aboriginal and Torres Strait Islander Elected Body Act 2008 (see sch 1).

Part 2	Electoral Act 1992
4	Notice of registered deaths
Section 68
omit
17 years or older
substitute
16 years or older
5	Section 75 heading
substitute
75	Age 16 enrolment
6	Section 75 (1) (a)
omit
17 years old
substitute
16 years old
7	Section 113
substitute
113	Deposit—return or forfeiture
	(1)	This section applies to a deposit paid in relation to the nomination of a candidate for election.
	(2)	The deposit must be returned to the person who paid the deposit, or someone else authorised in writing by the person, if—
	(a)	the candidate is elected; or
	(b)	the candidate is excluded from the poll under schedule 4 but the candidate’s total votes at the time of exclusion are at least 20% of the quota for the election; or
	(c)	the candidate is not elected or excluded but at any stage of the counting the candidate’s total votes are at least 20% of the quota for the election; or
	(d)	the nominee dies before the candidates are declared for the election; or
	(e)	the candidate dies before polling day.
	(3)	If subsection (2) does not apply, the deposit is forfeited to the Territory when the result of the election is declared.
8	Section 121
substitute
121	Certified extracts and certified lists of electors
	(1)	As soon as practicable after the roll for an electorate closes, the commissioner must—
	(a)	prepare—
	(i)	a certified extract of electors; and
	(ii)	a certified list of electors; and
	(b)	give a copy of the certified list to the OIC for each polling place; and
	(c)	on request by a candidate for the electorate—give a copy of the certified extract to the candidate.
	(2)	For subsection (1) (c), the candidate may ask for, and the commissioner may give, the certified extract in either electronic or paper form.
	(3)	In this Act:
certified extract of electors, for an election in an electorate, means an extract from the roll for the electorate, certified by the commissioner, for each elector enrolled who will be at least 18 years of age on polling day.
certified list of electors, for an election in an electorate, means a list, certified by the commissioner, that contains—
	(a)	a certified extract of electors; and
	(b)	each elector’s year of birth and gender.
9	Section 121A heading
substitute
121A	Use of information from certified extracts or certified lists
10	Section 121A (1), definition of protected information
substitute
protected information, in relation to a person, means information that the person knows, or has reasonable grounds for believing, was obtained from either of the following, given to the person or someone else under section 121 (1):
	(a)	a copy of a certified extract of electors;
	(b)	a copy of a certified list of electors.
11	Meaning of authorised witness
Section 127
omit
12	Requirements for casting postal votes
Section 144A (2) and note
substitute
	(2)	To cast a postal vote, the person must—
	(a)	complete and sign the declaration; and
	(b)	mark the person’s vote on the ballot paper; and
	(c)	fold the ballot paper, place it in the envelope addressed to the commissioner and fasten the envelope; and
	(d)	either—
	(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 by polling day.
Note	For restrictions on sending completed ballot and voting papers by fax, see s 329.
13	Assistance to voters
Section 156 (2) (a)
omit
or, if there is no such nominee, an authorised witness
14	Activities of campaign committees
Section 200 (1)
after
taken to be
insert
received,
15	Immaterial delays and errors
Section 268 (1) (b)
omit
certified lists of electors
substitute
certified extracts of electors
16	Correcting delays, errors and omissions
Section 332 (1)
after
roll,
insert
certified extract of electors,
17	Dictionary, definition of authorised witness
omit
18	Dictionary, definition of certified list of electors
substitute
certified extract of electors, for an election in an electorate—see section 121.
certified list of electors, for an election in an electorate—see section 121.
19	Dictionary, definition of declaration voting papers, paragraph (c)
substitute
	(c)	for declaration voting papers other than for postal voting—a certificate, in the form approved under section 340A for this paragraph, to be completed by a witness to the declaration; and

Part 3	Electoral Regulation 1993
20	Declaration ballot papers
Section 5A
omit
above
substitute
next to

Schedule 1	Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments
    
(see s 3)
[1.1]	Schedule 1, part 1.2
Modification 1.7 heading
substitute
[1.7]	Candidates to be nominated
Section 105 (2), (2A) and (3)

[1.2]	Schedule 1, part 1.2
Modification 1.30 heading
substitute
[1.30]	Certified list of electors
Section 121 (1) (c) and (2)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 31 March 2011.
2	Notification
	Notified under the Legislation Act on 28 February 2012.
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 Legislation Amendment Bill 2012, which originated in the Legislative Assembly as the Electoral Legislation Amendment Bill 2011 and was passed by the Assembly on 16 February 2012. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2012