Northern Territory Consolidated Acts

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ELECTORAL ACT 2004 - SECT 3

Definitions

In this Act:

"Acting Commissioner", see section 326.

affected person has the meaning in section 225.

"alternate prohibition zone", see section 268.

"amount", for Part 10, has the meaning in section 176.

appealable decision has the meaning in section 225.

appeal details has the meaning in section 227.

appointed member has the meaning in section 336(1).

"approved form" means a form approved under section 318.

"associated entity", for Part 10, has the meaning in section 176.

"Australian parliament" means:

        (a)     the Legislative Assembly; or

        (b)     the Parliament of the Commonwealth or a State; or

        (c)     the parliament or legislature of another Territory.

"authorised officer" means an officer authorised by the Commission for the provision in which the expression occurs.

available for public inspection has the meaning in section 6.

"ballot paper" includes a declaration ballot paper.

"campaigning activity", see section 268.

"candidate", for Part 10, see section 176.

candidate square has the meaning in section 40(2)(c).

"capped expenditure period", see section 203A.

"certified list of voters", for an election, means a list of electors prepared and certified under section 44 for the election.

"closed", for a roll, means closed in accordance with section 8.

"commencement date", for Part 18, has the meaning in section 348.

"Commission" means the Northern Territory Electoral Commission established by section 307.

"Commissioner" means the person holding office as the Electoral Commissioner under an appointment under section 314.

"Commission's office" means the Commission's office in Darwin.

"Commonwealth Act" means the Commonwealth Electoral Act 1918 (Cth).

"campaign material", see section 268A.

"corporation", for Part 10, has the meaning in section 176.

"Court of Disputed Returns" means the Court of Disputed Returns established by section 232.

"credit card", for Part 10, has the meaning in section 176.

"declaration ballot paper" means a ballot paper on which a declaration vote is cast.

"declaration envelope" means any envelope into which a ballot paper is required to be placed under Part 6.

"declaration vote" means a vote cast under Part 6, which is required by a provision of that Part to be accompanied by a declaration.

"declaration voting papers" means:

        (a)     a declaration ballot paper issued under section 54(1), 56(1), 56(2), 71(2) or 73(2); and

        (b)     a declaration envelope; and

        (c)     for a declaration ballot paper issued under section 56(1), 56(2) or 73(2) – a declaration under section 56(1)(c), 56(2)(c) or 73(1)(e).

"defined details", for Part 10, Division 3, has the meaning in section 189.

"defined particulars", for Part 10, Division 5, has the meaning in section 204.

"designated campaign area", see section 268.

"disposition of property", for Part 10, has the meaning in section 176.

"distribute", for Part 13, Division 1, Subdivision 2, has the meaning in section 268.

"division" means an electoral division for the election for an MLA.

"early voting centre" means a place appointed under section 42(1)(a) for early voting under Part 6, Division 5.

election has the meaning in section 4(1).

"election day "means the date fixed by a writ as election day for an election or general election, and includes a day to which voting is adjourned under section 91.

"election day voting centre" means a voting centre appointed under section 42(1)(b) where votes are taken by an authorised officer during voting hours on election day.

"election period", for an election, means the period:

        (a)     starting on the date the writ for the election is issued; and

        (b)     ending on the date the writ is returned.

"elector" means a person whose name is on a roll.

"electoral advertisement "means an advertisement containing electoral matter, whether or not consideration was given for its publication.

"electoral expenditure", for Part 10, see section 176A.

electoral matter has the meaning in section 7.

"electoral paper" means a document provided for or required under this Act.

"eligible person", see section 314A(1).

"eligible political party" means a political party that:

        (a)     is registered under the Commonwealth Act; or

        (b)     is established on the basis of a written constitution (however described) that states the party's aims and has at least 200 members who are:

            (i)     electors; and

            (ii)     members under the party's constitution; and

            (iii)     not members of a registered party or another political party applying for registration.

"enrolled", for a person, means the person's name is on a roll.

"enrolled division", for an elector, means the division for which the person is enrolled.

"entity", for Part 10, has the meaning in section 176.

"envelope" includes a declaration envelope.

"executive officer", of a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, (whether or not the person is a director or the person's position is given the name of executive officer), and includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory.

"external Territory", of Australia, has the meaning in the Acts Interpretation Act 1901 (Cth).

"extract" means an extract from a roll prepared under section 12.

"extraordinary general election", see section 23(4).

"fails", for an election, has the meaning in section 135.

"false or misleading" includes false or misleading because of the omission of a statement.

"financial controller", for Part 10, has the meaning in section 176.

"formal", for a ballot paper, means the ballot paper is not informal, spoilt or been discarded.

"former division", for Part 18, has the meaning in section 350.

general election has the meaning in section 4(3).

"gift", for Part 10, see section 3A.

"how-to-vote card", see section 51A(1).

"informal", for a ballot paper, has the meaning in section 94.

information notice has the meaning in section 226.

infringement notice has the meaning in section 300.

"infringement offence" means an offence against:

        (a)     section 175P(2) or (3); or

        (ab)     section 215(1), (2) or (2A); or

        (ac)     section 279(1); or

        (b)     another provision of this Act prescribed by the Regulations.

"investigation notice", for Part 10, Division 6, has the meaning in section 214.

"journal" means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.

"loan", for Part 10, has the meaning in section 176.

"MLA" means a member of the Legislative Assembly.

"mobile voting centre" means:

        (a)     a mobile voting centre declared under section 78(1) ; and

        (b)     a voting centre substituted for a mobile voting centre under section 81(1).

"mobile voting period", for an election, means the period starting on the day that is 11 days after the date of the issue of the writ for the election and ending at 6 pm on election day.

"new division", for Part 18, has the meaning in section 350.

"newspaper", for Part 13, Division 1, Subdivision 2, has the meaning in section 268.

"nomination" means a nomination as a candidate for an election made under Part 5, Division 3.

"nomination day" means the date fixed by the writ for an election or general election as the date for the nomination of candidates.

nomination deposit has the meaning in section 32(1)(g).

"nominee" means a person nominated under Part 5, Division 3 as a candidate for an election.

"officer" means an officer appointed under section 330.

"ordinary vote" means a vote, whether cast before or on election day, other than a declaration vote.

"participant", for Part 10, Division 4, has the meaning in section 199.

"party candidate" means:

        (a)     a candidate at an election nominated by the registered officer of a registered party; or

        (b)     in relation to a registered party – a candidate nominated by the registered officer of the party.

"party's name", for a registered party, means the name under which the party is registered.

"political expenditure" means expenditure incurred in promoting or opposing a candidate (within the meaning of Part 10) or a registered party.

"political party" means an organisation (whether incorporated or unincorporated) an object or activity of which is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it.

"Postal Ballot Box" means the ballot box mentioned in section 111(3).

"postal ballot paper" means a declaration ballot paper issued under section 62.

"postal vote" means a declaration vote for which postal voting papers are issued under section 62.

"postal vote certificate" means the certificate issued under section 62(1)(a).

"postal voting papers" means a postal vote certificate and postal ballot paper.

"prescribed amount", for an infringement offence, means the amount prescribed by the Regulations for the offence.

"property", for Part 10, has the meaning in section 176.

public notice has the meaning in section 5.

"publish" includes publish or broadcast by radio, television, Internet, telephone or other means.

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"redistribution" means a redistribution of the Territory into divisions under Part 8.

"Redistribution Committee" means the Redistribution Committee established by section 331.

redistribution declaration notice has the meaning in section 147(1).

"redistribution process", for Part 8, Division 3, see section 140A.

"redistribution report", see section 148(1).

"region" means a region declared under section 69.

"registered industrial organisation", for Part 10, has the meaning in section 176.

"registered officer", of a registered party, means the person shown in the register of registered parties as the party's registered officer.

"registered party" means a political party registered under Part 9.

"registered postal voter" means a person whose name is included in the register of postal voters.

"register of postal voters" means register of postal voters kept under section 58.

"register of registered parties" means the register of registered parties kept under section 167.

"register of reporting agents" means the register of reporting agents kept under section 186.

"Regulations" means the Regulations made under this Act.

"related bodies corporate", for Part 10, has the meaning in section 176.

"repealed Act", for Part 18, has the meaning in section 348.

"reporting agent" means:

        (a)     a person appointed under section 184 and whose registration has not been removed under section 187; or

        (b)     the person taken to be a reporting agent under section 185.

"return", for Part 10, Division 6, has the meaning in section 214.

"roll" means a roll of electors under this Act.

"scrutineer" means a person appointed under section 46 to represent a candidate.

"scrutiny centre" means a place decided under section 42(1)(c) for the conduct of scrutiny for an election under Part 7.

"Self-Government Act" means the Northern Territory (Self-Government) Act 1978 (Cth).

"sitting day", for the Legislative Assembly, means a day on which the Assembly actually sits.

"substituted centre", see section 81(1).

"suppressed", for a person's address, means the person's address is not included in a roll extract under section 12(3).

"third party campaigner" means a person who or entity that incurs or expects to incur more than $1 000 of political expenditure during the capped expenditure period, but does not include a candidate (as defined in Part 10), a registered party or an associated entity.

"this Act" includes the Regulations made under this Act.

"voter's question", for Part 6, has the meaning in section 51.

"voting centre" means an election day voting centre, a mobile voting centre and an early voting centre .

"voting hours "means:

        (a)     for an election day voting centre – from 8 am to 6 pm; or

        (b)     for an early voting centre – the hours decided under section 69(1)(b) for voting at early voting centres; or

        (c)     for a mobile voting centre – the hours specified in a declaration under section 78 for the mobile voting centre, and includes the hours as changed under section 81(1).

"voting papers" means:

        (a)     a ballot paper; and

        (b)     an envelope into which a ballot paper is placed; and

        (c)     any declaration a person makes in casting a vote.

"writ" means a writ for an election or general election issued under section 27.



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