2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Amendment Bill 2003

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Act amended	2
	4	Application for registration of political party
Section 89	2
	5	Section 89 (e)	2
	6	New section 89 (2)	2
	7	Further information about application for political party registration
Section 90 (2) and (5)	3
	8	Section 90	3
	9	Refusal of applications for registration
Section 93 (1) (a)	3
	10	New section 95B	3
	11	Section 97A	4
	12	Grouping of candidates’ names
Section 115 (1)	4
	13	Section 115 (2) and (3)	4
	14	Section 136	5
	15	Section 136A	5
	16	Issue of voting papers to registered declaration voters Section 141, new note	7
	17	New section 144A	7
	18	Section 187	8
	19	Section 187A	10
	20	Definitions for pt 14
Section 198, definition of gift, paragraph (d)	11
	21	Section 198, definition of non-party group	11
	22	Disclosure periods
Section 201 (2) (c), (d) and (e)	11
	23	Appointed agents
Section 203 (1)	11
	24	Section 203 (3) (b) (ii) and (iii)	11
	25	Non-appointed agents
Section 204 (3)	12
	26	Section 204	12
	27	Registers of reporting agents
Section 205 (2)	12
	28	Section 206	12
	29	Entitlements to funds
Section 207 (2)	12
	30	Threshold
Section 208 (3)	12
	31	Making of payments
Section 212 (2) and (3)	13
	32	Section 212	13
	33	Death of candidate
Section 214 (2)	13
	34	Disclosure of gifts
Section 217 (3)	13
	35	Disclosure of gifts—non-party groups
Section 218	13
	36	Certain loans not to be received
Section 218A (1)	14
	37	Section 218A (6)	14
	38	Section 218A (8), definition of relevant person, paragraph (c)	14
	39	Section 218A	14
	40	Section 221 heading	14
	41	Section 221 (1)	14
	42	Section 221 (4)	15
	43	Annual returns of donations
Section 221A (6), definition of gift, paragraph (b)	15
	44	Anonymous gifts
Section 222 (1)	15
	45	Section 222 (2) (b)	15
	46	Section 222 (3)	15
	47	Section 222 (6)	15
	48	Section 222 (7), definition of prescribed amount	15
	49	Section 222 (7), definition of relevant person, paragraph (c)	16
	50	Section 222	16
	51	Definitions for div 14.5
Section 223, definition of participant, paragraph (a)	16
	52	Returns of electoral expenditure
Section 224 (2)	16
	53	Section 224 (4)	16
	54	Section 224 (5)	16
	55	Section 224	16
	56	Nil returns
Section 225 (2)	17
	57	Section 225	17
	58	Returns by broadcasters and publishers
Section 226 (2) (b) and (c)	17
	59	Offences
Section 236 (3)	17
	60	Section 236	17
	61	Noncompliance with pt 14
Section 241 (2)	17
	62	Preliminary scrutiny of declaration voting papers Schedule 3, clause 6 (1), definition of relevant provision, paragraphs (b) to (d)	18
	63	Dictionary, new definition of authorised delivery service	18
	64	Dictionary, definition of declaration vote, paragraphs (b) to (d)	18
	65	Dictionary, definition of eligible elector	19
	66	Dictionary, definition of non-party group	19
	67	Dictionary, new definition of post	19
	68	Dictionary, definition of postal vote	19

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Electoral Amendment Bill 2003

A Bill for
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 2003.
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	Application for registration of political party
Section 89
omit 
An application
substitute
	(1)	An application
5	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.
6	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.
7	Further information about application for political party registration
Section 90 (2) and (5)
omit
8	Section 90
renumber subsections when Act next republished under Legislation Act
9	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
10	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 ballot group; or
	(b)	to change the name or abbreviation of a political party or ballot group.
	(2)	The commissioner must not take any action under this part in that period in relation to the application.
11	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.
12	Grouping of candidates’ names
Section 115 (1)
omit
	(1)	If
substitute
If
13	Section 115 (2) and (3)
omit
14	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.
15	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.
16	Issue of voting papers to registered declaration voters Section 141, new note
insert
Note	Section 144A deals with how to cast a postal vote.
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 ballot group of which the candidate is a member.
21	Section 198, definition of non-party group
omit
22	Disclosure periods
Section 201 (2) (c), (d) and (e)
substitute
	(c)	for a person to whom, or body to which, section 220 (Disclosure of gifts by persons incurring political expenditure) or section 221 (Disclosure of gifts to candidates) applies—the 31st day after polling day for the last election.
23	Appointed agents
Section 203 (1)
substitute
	(1)	A party, MLA or candidate may appoint a reporting agent.
24	Section 203 (3) (b) (ii) and (iii)
substitute
	(ii)	in any other case—by the MLA or candidate making the appointment; and
25	Non-appointed agents
Section 204 (3)
omit
26	Section 204
renumber subsections when Act next republished under Legislation Act
27	Registers of reporting agents
Section 205 (2)
substitute
	(2)	The commissioner must keep a register called the register of candidate reporting agents.
28	Section 206
substitute
206	Who eligible votes are cast for
For this division, an eligible vote cast for a party candidate or ballot group candidate is taken to be cast for the party or ballot group and not for the candidate.
29	Entitlements to funds
Section 207 (2)
substitute
	(2)	The prescribed amount is payable for each eligible vote cast for a party, ballot group or candidate in an election.
30	Threshold
Section 208 (3)
omit
31	Making of payments
Section 212 (2) and (3)
substitute
	(2)	If an amount is payable under this division for votes cast in an election for a candidate who was not endorsed by a party or ballot group for the election, the commissioner must make the payment to the candidate.
32	Section 212
renumber subsections when Act next republished under Legislation Act
33	Death of candidate
Section 214 (2)
substitute
	(2)	If a candidate mentioned in subsection (1) was not endorsed by a party or ballot group for the election, the payment may be made to the legal personal representative of the candidate.
34	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.
35	Disclosure of gifts—non-party groups
Section 218
omit
36	Certain loans not to be received
Section 218A (1)
omit
, non-party group
37	Section 218A (6)
omit
38	Section 218A (8), definition of relevant person, paragraph (c)
omit
39	Section 218A
renumber subsections and paragraphs when Act next republished under Legislation Act
40	Section 221 heading
substitute
221	Disclosure of gifts to candidates
41	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 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.
42	Section 221 (4)
omit
non-party groups or
43	Annual returns of donations
Section 221A (6), definition of gift, paragraph (b)
substitute
	(b)	a gift made by a party, ballot group, MLA, candidate or associated entity.
44	Anonymous gifts
Section 222 (1)
omit
, non-party group
45	Section 222 (2) (b)
substitute
	(b)	for a candidate—to gifts received during the disclosure period.
46	Section 222 (3)
omit
, non-party group
47	Section 222 (6)
omit
48	Section 222 (7), definition of prescribed amount
substitute
prescribed amount, for a gift made to or for the benefit of a party, ballot group, MLA, associated entity or candidate, means $1 500.
49	Section 222 (7), definition of relevant person, paragraph (c)
omit
50	Section 222
renumber subsections and paragraphs when Act next republished under Legislation Act
51	Definitions for div 14.5
Section 223, definition of participant, paragraph (a)
substitute
	(a)	a party, ballot group or candidate; or
52	Returns of electoral expenditure
Section 224 (2)
omit
53	Section 224 (4)
omit
, non-party group
54	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.
55	Section 224
renumber subsections when Act next republished under Legislation Act
56	Nil returns
Section 225 (2)
omit
57	Section 225
renumber subsections when Act next republished under Legislation Act
58	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;
59	Offences
Section 236 (3)
omit
60	Section 236
renumber subsections when Act next republished under Legislation Act
61	Noncompliance with pt 14
Section 241 (2)
substitute
	(2)	Without limiting subsection (1)—
	(a)	if the reporting agent of a party or ballot group that endorsed a candidate elected in an election fails to comply with this part in relation to the election, the failure does not invalidate the candidate’s election; and
	(b)	if the reporting agent of a candidate elected in an election fails to comply with this part in relation to the election, the failure does not invalidate the candidate’s election.
62	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).
63	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.
64	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).
65	Dictionary, definition of eligible elector
substitute
eligible elector, for division 10.4 (Voting otherwise than at a polling place)—see section 136.
66	Dictionary, definition of non-party group
omit
67	Dictionary, new definition of post
insert
post, for division 10.4 (Voting otherwise than at a polling place)—see section 136.
68	Dictionary, definition of postal vote
substitute
postal vote means a declaration vote to which section 144A (Requirements for casting postal votes) applies.

Endnote
Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2003