Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 80

80. Sections 105B and 106 of the Principal Act are repealed and the following
sections are inserted: Group voting tickets

''106. (1) Where the names of candidates nominated for election to the Senate
are included in a group in accordance with the provisions of section 72A,
those candidates may, after the order of the several groups in the
ballot-papers and the order of the candidates in the ballot-papers have been
determined as required by section 105A and before the expiration of 48 hours
after the closing of nominations for the election, lodge with the Australian
Electoral Officer for the State or Territory in which the election is to be
held a statement, in writing signed by each of the candidates in the group,
stating that they wish voters in the election to indicate their preferences in
relation to all the candidates in the election in an order specified in the
statement.

''(2) Where candidates nominated for election to the Senate may lodge a
statement referred to in sub-section (1), they may, in lieu of lodging that
statement, lodge a statement, in writing signed by each of them, stating that
they wish voters in the election to indicate their preferences in relation to
all the candidates in the election in either of 2 orders, or any of 3 orders,
specified in the statement, being orders that-

   (a)  give preferences to the candidates lodging the statement before any
        other candidate; and

   (b)  give the preferences to the candidates lodging the statement in the
        same order.

''(3) Without limiting the generality of sub-section (1) or (2), a statement
for the purposes of either of those sub-sections may specify an order of
preferences by setting out the names of all the candidates in the election in
the groups, and in the order, in which they would be set out in a ballot-paper
with squares opposite to each name and with a number in each square showing
that order of preferences.

''(4) Where a group of candidates in a Senate election lodges a statement in
accordance with sub-section (1) or (2) in relation to the election, that group
of candidates shall be taken to have a group voting ticket, or 2 or 3 group
voting tickets, as the case requires, registered for the purposes of the
election, being the order of preferences, or the orders of preferences, given
in that statement, as the case may be.

''(5) Where a group of candidates in a Senate election has a group voting
ticket, or 2 or 3 group voting tickets, registered for the purposes of that
election, a square shall be printed on the ballot-papers for use in the
election above the names of those candidates with the letter that is printed
before the name of each candidate in that group also printed before that
square. Ballot-papers for House of Representatives elections

''106A. In printing the ballot-papers to be used in a House of Representatives
election-

   (a)  the order of the names of the candidates in the ballot-papers shall be
        determined by the Divisional Returning Officer in accordance with
        section 106B;

   (b)  where similarity in the names of 2 or more candidates is likely to
        cause confusion, the names of those candidates may be arranged with
        such description or addition as will distinguish them from one
        another; and

   (c)  except as otherwise provided by the regulations, a square shall be
        printed opposite the name of each candidate.
Determination of order on ballot-papers

''106B. (1) Where under section 105A or 106A a person is required to determine
in accordance with this section the order of the names of candidates or of
groups in ballot-papers to be used in an election-

   (a)  the person shall, immediately after the close of nominations for the
        election, at the place of nomination and before all persons present at
        that place-

        (i)    prepare a list of the names or groups, as the case may be, in
               such order as he considers appropriate;

        (ii)   read out that list;

        (iii)  place a number of balls equal to the number of candidates or
               groups, as the case may be, being balls of equal size and
               weight and each of which is marked with a different number, in
               a spherical container large enough to allow all the balls in it
               to move about freely when it is rotated;

        (iv)   rotate the container and permit any other person present who
               wishes to do so to rotate the container;

        (v)    cause an officer of the Australian Public Service who is
               blindfolded and has been blindfolded since before the rotation
               of the container in accordance with sub-paragraph (iv) to take
               the balls, or cause the balls to come, out of the container one
               by one and, as each ball is taken or comes out, to pass it to
               another officer of the Australian Public Service who shall call
               out the number on each ball as it is passed to him;

        (vi)   as each number is called out in accordance with sub-paragraph
               (v), write the number opposite to a name or group, as the case
               may be, in the list prepared in accordance with sub-paragraph
               (i) so that the number called out first is opposite to the
               first name or group, as the case may be, in the list and the
               subsequent order of the numbers in the list is the order in
               which they are called out;

        (vii)  place all the balls back in the container;

        (viii) rotate the container and permit any other person present who
               wishes to do so to rotate the container;

        (ix)   cause an officer of the Australian Public Service who is
               blindfolded and has been blindfolded since before the rotation
               of the container in accordance with sub-paragraph (viii) to
               take the balls, or cause the balls to come, out of the
               container one by one and, as each ball is taken or comes out,
               to pass it to another officer of the Australian Public Service
               who shall call out the number on each ball as it is passed to
               him;

        (x)    prepare a list of the numbers called out in accordance with
               sub-paragraph (ix) set out in the order in which they were
               called out in accordance with sub-paragraph (ix); and

        (xi)   write on the list prepared in accordance with sub-paragraph (x)
               opposite to each number the name or group, as the case may be,
               set out opposite to that number in the list prepared in
               accordance with sub-paragraph (i); and

   (b)  the order in which the names or groups, as the case may be, are set
        out in the list prepared in accordance with sub-paragraph (a) (x) is
        the order of the names or groups, as the case may be, determined by
        the person under this section.

''(2) Where under sub-section (1) a person is required to set out a group in a
list, it is sufficient compliance with that requirement if such description of
the group, by reference to the name of the first candidate in it or to the
party or parties to which the candidates in the group belong or otherwise, as
the person considers to be appropriate, is so set out. Political parties, &c.,
may be indicated on ballot-papers

''106C. (1) Where-

   (a)  a candidate in an election is registered under sub-section 58Z(1); and

   (b)  a name of a registered political party is entered in the Register of
        Candidates in relation to that candidate,
that name shall be printed adjacent to the name of that candidate on the
ballot-papers for use in that election.

''(2) Where-

   (a)  a group of candidates in a Senate election is registered under
        sub-section 58Z (2); and

   (b)  a name of a registered political party is entered in the Register of
        Candidates in relation to each of those candidates,
then-

   (c)  the name of a party so entered in relation to a candidate shall be
        printed adjacent to the name of the candidate on ballot-papers for use
        in the election;

   (d)  where only the name, or a name, of 1 party is so entered and, on
        ballot-papers for use in the election, a square is printed in relation
        to the group in accordance with sub-section 106 (5)-the name printed
        in accordance with paragraph (c) shall also be printed adjacent to
        that square on those ballot-papers; and

   (e)  where-

        (i)    a composite name has been entered in the Register of Candidates
               in relation to that group; and

        (ii)   on the ballot-papers for use in the election, a square is
               printed in relation to the group in accordance with sub-section
               106 (5),

that composite name shall be printed adjacent to that square on those
ballot-papers.

''(3) Where-

   (a)  a candidate in an election is registered under sub-section 58Z(1); and

   (b)  the word 'Independent' is entered in the Register of Candidates in
        relation to that candidate,
that word shall be printed adjacent to the name of that candidate on the
ballot-papers for use in that election.

''(4) In this section-

'name', in relation to a registered political party, has the same meaning as
'registered name' has in Part IXB;

'Register of Candidates' means the Register of Candidates established under
section 58W.''.