2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Legislation Amendment Bill 2011

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	Candidates to be nominated
New section 105 (2A)	3
	8	Section 106	4
	9	Section 113	4
	10	Printing of ballot papers
Section 116 (3) and (4)	5
	11	Section 121	5
	12	Section 121A heading	6
	13	Section 121A (1), definition of protected information	6
	14	Meaning of authorised witness
Section 127	7
	15	Requirements for casting postal votes
Section 144A (2) and note	7
	16	Assistance to voters
Section 156 (2) (a)	7
	17	Activities of campaign committees
Section 200 (1)	8
	18	Immaterial delays and errors
Section 268 (1) (b)	8
	19	Correcting delays, errors and omissions
Section 332 (1)	8
	20	Dictionary, definition of authorised witness	8
	21	Dictionary, definition of certified list of electors	9
	22	Dictionary, definition of declaration voting papers, paragraph (c)	9
Part 3	Electoral Regulation 1993
	23	Declaration ballot papers
Section 5A	10
Schedule 1	Aboriginal and Torres Strait Islander Elected Body Act 2008—Consequential amendments	11

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Legislation 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:

Part 1	Preliminary
1	Name of Act
This Act is the Electoral Legislation 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 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	Candidates to be nominated
New section 105 (2A)
insert
	(2A)	The registered officer of a registered party must not nominate more people to be candidates for election in an electorate than the number of members of the Assembly to be elected for the electorate.
8	Section 106
substitute
106	Invalid candidate nominations
The nomination of a person to be a candidate for election is invalid if, at the hour of nomination for the election—
	(a)	the person is nominated more than once to be a candidate for election in a particular electorate; or
	(b)	the person is nominated to be a candidate for election in more than 1 electorate; or
	(c)	the person is a party candidate for election in a particular electorate and the registered officer of the party has nominated more people to be candidates for election in the electorate than the number of members of the Assembly to be elected for the electorate.
9	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.
10	Printing of ballot papers
Section 116 (3) and (4)
omit
11	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.
12	Section 121A heading
substitute
121A	Use of information from certified extracts or certified lists
13	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.
14	Meaning of authorised witness
Section 127
omit
15	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.
16	Assistance to voters
Section 156 (2) (a)
omit
or, if there is no such nominee, an authorised witness
17	Activities of campaign committees
Section 200 (1)
after
taken to be
insert
received,
18	Immaterial delays and errors
Section 268 (1) (b)
omit
certified lists of electors
substitute
certified extracts of electors
19	Correcting delays, errors and omissions
Section 332 (1)
after
roll,
insert
certified extract of electors,
20	Dictionary, definition of authorised witness
omit
21	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.
22	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
23	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	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