2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral (Casual Vacancies) Amendment Bill 2011

Contents
	Page
	
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Definitions for pt 13
Section 190, new definition of valid application	2
	5	Notice of casual vacancy
Section 191 (1)	2
	6	Section 191 (4)	3
	7	Section 192 heading	3
	8	Section 193	3
	9	Determination of candidate to fill vacancy
Section 194 (1) and (2)	5
	10	Assembly nominees
Section 195 (1) (a)	6
	11	New section 195A	6
	12	Dictionary, definition of candidate, paragraph (b)	6
Schedule 1	Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments	7

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral (Casual Vacancies) Amendment Bill 2011

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

    

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

1	Name of Act
This Act is the Electoral (Casual Vacancies) Amendment Act 2011.
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.
Note	This Act also amends the Aboriginal and Torres Strait Islander Elected Body Act 2008 (see sch 1).
4	Definitions for pt 13
Section 190, new definition of valid application
insert
valid application means an application made under section 192 that has not been withdrawn under section 192 (3).
5	Notice of casual vacancy
Section 191 (1)
substitute
	(1)	The commissioner must publish a notice in a newspaper if—
	(a)	the Speaker tells the commissioner in writing that the seat of an MLA has become vacant other than because of—
	(i)	the dissolution of the Assembly; or
	(ii)	the expiry of the term for which MLAs were elected at an election; or
	(iii)	the failure or partial failure of an election; and
	(b)	the commissioner is satisfied that—
	(i)	it is practicable to fill the vacancy under section 194; and
	(ii)	if the former MLA’s name appeared on the ballot paper for the last election as a party candidate—there is at least 1 other person who was a party candidate for that party at the election who may apply under section 192 to be a candidate.
6	Section 191 (4)
substitute
	(4)	The commissioner must tell the Speaker in writing if the commissioner cannot fill the vacancy under section 194 because the commissioner is not satisfied of the matters mentioned in subsection (1) (b).
7	Section 192 heading
substitute
192	Application to be candidate for casual vacancy
8	Section 193
substitute
192A	Publication of applicants’ details
	(1)	This section applies if—
	(a)	applications have closed under section 192 (2) (b); and
	(b)	the commissioner has received 1 or more valid applications.
	(2)	The commissioner must, as soon as practicable after the close of applications—
	(a)	publicly produce each valid application; and
	(b)	if the former MLA’s name appeared on the ballot paper for the last election as a party candidate—state whether the commissioner received at least 1 valid application from someone who was a party candidate for that party at the election.
193	Declaration of candidates for casual vacancy
	(1)	This section applies if—
	(a)	applications have closed under section 192 (2) (b); and
	(b)	the commissioner has received—
	(i)	1 or more valid applications; and
	(ii)	if the former MLA’s name appeared on the ballot paper for the last election as a party candidate—at least 1 valid application from someone who was a party candidate for that party at the election.
	(2)	The commissioner must, as soon as practicable after the close of applications—
	(a)	declare each person who made a valid application to be a candidate; and
	(b)	publish details of each candidate (other than any suppressed address).
193A	No candidates for casual vacancy
	(1)	This section applies if—
	(a)	applications have closed under section 192 (2) (b); and
	(b)	the commissioner has not received—
	(i)	any valid applications; or
	(ii)	if the former MLA’s name appeared on the ballot paper for the last election as a party candidate—at least 1 valid application from someone who was a party candidate for that party at the election.
	(2)	The commissioner must, as soon as practicable after the close of applications—
	(a)	declare—
	(i)	that there are no candidates; and
	(ii)	the reason why there are no candidates; and
	(b)	tell the Speaker in writing—
	(i)	that the commissioner cannot fill the vacancy because there are no candidates; and
	(ii)	the reason why there are no candidates.
9	Determination of candidate to fill vacancy
Section 194 (1) and (2)
substitute
	(1)	If there is only 1 person declared to be a candidate for a casual vacancy under section 193 (2) (a), the commissioner must declare the candidate elected.
	(2)	If there are 2 or more people declared to be candidates for a casual vacancy under section 193 (2) (a), the commissioner must conduct a recount in accordance with schedule 4, part 4.3
10	Assembly nominees
Section 195 (1) (a)
omit
193 (2)
substitute
section 193A (2)
11	New section 195A
insert
195A	Declaration of election
	(1)	This section applies to an MLA declared elected under—
	(a)	section 194 (1) or (4); or
	(b)	section 195 (1).
	(2)	The commissioner must—
	(a)	publicly declare the name of the elected MLA; and
	(b)	tell the clerk of the Assembly in writing the name of the elected MLA.
12	Dictionary, definition of candidate, paragraph (b)
substitute
	(b)	in part 13—a person declared to be a candidate under section 193 (2) (a) (Declaration of candidates for casual vacancy).

Schedule 1	Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments
(see s 3)
[1.1]	Schedule 1, part 1.5
New modification 1.72A
insert
[1.72A]	Section 190, definition of valid application
omit
[1.2]	Schedule 1, part 1.5
New modification 1.74A
insert
[1.74A]	Section 191 (4)
substitute
	(4)	The commissioner must tell the ATSIEB chair (or, if there is no chair, the Minister) in writing if the commissioner is not satisfied that it is practicable to fill the vacancy under section 194.
[1.3]	Schedule 1, part 1.5
Modification 1.75
substitute
[1.75]	Sections 192A, 193 and 193A
substitute
193	Publication of candidates’ details
	(1)	If at least 1 person has applied to be a candidate under section 192, the commissioner must, as soon as practicable after the close of applications—
	(a)	publicly produce all the applications; and
	(b)	declare each person who applied to be a candidate; and
	(c)	publish details of each candidate (other than the candidate’s address).
	(2)	If there are no candidates for a casual vacancy, the commissioner must—
	(a)	declare that there are no candidates; and
	(b)	tell the ATSIEB chair (or, if there is no chair, the Minister) in writing that there are no candidates.
[1.4]	Schedule 1, part 1.5
Modification 1.76
substitute
[1.76]	Determination of candidate to fill vacancy
Section 194 (1) and (2)
substitute
	(1)	If there is only 1 candidate for a casual vacancy, the commissioner must declare the candidate elected.
	(2)	If there are 2 or more candidates for a casual vacancy, the commissioner must, after making a declaration under section 193 (1) (b), conduct a recount in accordance with schedule 4, part 4.3.
[1.76A]	Section 194 (4)
substitute
	(4)	The commissioner must—
	(a)	declare the successful candidate elected; and
	(b)	tell the ATSIEB chair (or, if there is no chair, the Minister) in writing about the election of the successful candidate.
[1.5]	Schedule 1, part 1.5
Modification 1.77 heading
substitute
[1.77]	Sections 195, 195A and 196

[1.6]	Schedule 1, part 1.11
New modification 1.102A
insert
[1.102A]	Definition of candidate, paragraph (b)
substitute
	(b)	in part 13—a person declared to be a candidate under section 193 (Publication of candidates’ details).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011