AUSTRALIAN CAPITAL TERRITORY

HOUSE OF ASSEMBLY (ELECTION) REGULATIONS (AMENDMENT)

EXPLANATORY STATEMENT

No. 10 of 1986

Regulation 25 of the House of Assembly (Election) Regulations requires the Minister for Territories to order an election of members of the House of Assembly to be held whenever necessary.  On 30 June 1986 the terms of office of members of the Assembly expired and, accordingly, the Minister is under an obligation to direct the holding of an election.

At present it is not possible to hold an election unless extensive amendments to the House of Assembly Ordinance 1936 and the House of Assembly (Election) Regulations are made to take account of major amendments made to the Commonwealth Electoral Act 1918 in 1983 and the repeal of the Australian Capital Territory Representation Regulations.  Additionally, the Government is assessing options regarding the nature and form of a new elected advisory body.

Accordingly, the House of Assembly (Election) Regulations (Amendment) inserts into regulation 25 a new sub-regulation 25 (1A).  The new sub-regulation provides that during the period commencing on the date of commencement of the sub-regulation and ending on 31 December 1986, the Minister has a discretion, as against an obligation, to order an election.