Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This Act applies to any law that is inconsistent with any of the following principles of the proportional representation (Hare-Clark) electoral system:
(a) at a general election, an odd number of members of the Legislative Assembly shall be elected from each electorate;
(b) at a general election, at least 5 members of the Legislative Assembly shall be elected from each electorate;
(c) voting in an election shall be compulsory;
(d) each voter has the right to a fully preferential vote;
(e) squares for the indication of preferences on each ballot paper shall appear only alongside the names of individual candidates;
(f) a voter shall not be taken to have marked any preferences beyond the numbers, starting with ‘1' for the candidate with the first preference, marked by the voter in the squares alongside the names of individual candidates;
(g) ballot papers shall be—
(i) prepared and collated in accordance with the method known as the Robson Rotation; and
(ii) distributed and issued;
as set out in schedule 2 of the Electoral Act 1992
, being that schedule as in force on 1 December 1994;
(h) a candidate whose total votes equal or exceed a relevant quota as defined in schedule 4 of the Electoral Act 1992
, being that schedule as in force on 1 December 1994, shall be declared elected;
(j) unless the number of successful candidates is equal to the number of vacancies, any surplus votes for a successful candidate shall be transferred to continuing candidates in accordance with the next available preferences indicated on ballot papers that were counted for the successful candidate;
(k) if there are no surpluses to be distributed, the candidate with the least total votes shall be excluded and the ballot papers counted for the excluded candidate shall be transferred to continuing candidates in accordance with the next available preferences (if any) indicated on each ballot paper;
(l) where there are 2 or more eligible candidates in relation to a casual vacancy, the vacancy shall be filled by a recount of the ballot papers counted for the person who, at the last election before the vacancy occurred, was elected to the seat in which the vacancy has occurred.
(2) This Act applies to any law made pursuant to a power at any time vested in the Legislative Assembly to make a law with respect to the number of members of the Legislative Assembly.