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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Electoral Act 1985 and to make related
amendments to the Constitution Act 1934 and the Local Government
Act 1999.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Electoral
Act 1985
4 Amendment of section
4—Interpretation
5 Amendment of section 26—Inspection and
purchase of rolls
6 Amendment of section 27—Power to require
information
7 Amendment of section 27A—Provision of certain
information
8 Substitution of Part 5 Division 3
Division 2A—Itinerant persons
31A Itinerant
persons
Division 3—Compulsory enrolment and
transfer
32 Compulsory enrolment and transfer of
enrolment
32A Notification of transfer with the same
subdivision
9 Amendment of section 36—Definitions and related
provisions
10 Amendment of section 39—Application for
registration
11 Amendment of section 42—Registration
12 Insertion of
section 43A
43A Annual returns and other
inquiries
13 Amendment of section 45—De-registration of
political party
14 Insertion of sections 46A and
46B
46A False
statements
46B Membership information to be
confidential
15 Amendment of section 48—Contents of
writ
16 Amendment of section 52—Qualifications of
candidate
17 Amendment of section 58—Grouping of candidates in
Legislative Council election
18 Amendment of section 59—Printing of
Legislative Council ballot papers
19 Amendment of section 62—Printing
of descriptive information on ballot papers
20 Amendment of section
63—Voting tickets
21 Amendment of section 65—Properly staffed
polling booths to be provided
22 Substitution of section
66
66 Preparation of certain electoral
material
23 Amendment of section 67—Appointment of
scrutineers
24 Amendment of section 71—Manner of voting
25 Amendment
of section 74—Issue of declaration voting papers by post or other
means
26 Amendment of section 80—Voter may be accompanied by an
assistant in certain circumstances
27 Amendment of section
82—Declaration vote, how made
28 Amendment of section 84—Security
of facilities
29 Amendment of section 85—Compulsory
voting
30 Amendment of section 87—Ballot boxes or other facilities to
be kept secure
31 Amendment of section 89—Scrutiny
32 Amendment of
section 91—Preliminary scrutiny
33 Amendment of section
94—Informal ballot papers
34 Amendment of section 95—Scrutiny of
votes in Legislative Council election
35 Amendment of section 96D—Use
of approved computer program in election
36 Amendment of section
105—Respondents to petitions
37 Amendment of section 107—Orders
that the Court is empowered to make
38 Amendment of section
112—Publication of electoral advertisements, notices etc
39 Insertion
of sections 112A, 112B and 112C
112A Special provision
relating to how-to-vote cards
112B Certain descriptions
not to be used
112C Publication of matter regarding
candidates
40 Amendment of section 113—Misleading
advertising
41 Amendment of section 114—Heading to electoral
advertisements
42 Amendment of section 115—Limitations on display of
electoral advertisements
43 Amendment of section 116—Published material
to identify person responsible for political content
44 Amendment of section
119—Offender may be removed from polling booth
45 Insertion of section
137
137 Immunity
Schedule 1—Related amendments and transitional
provisions
Part 1—Related amendment to Constitution
Act 1934
1 Amendment of section 81—Staff
2 Amendment
of section 82—Electoral redistributions
Part 2—Related amendment to Local Government
Act 1999
3 Amendment of section 226—Moveable
signs
Part 3—Transitional
provisions
4 Interpretation
5 Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Miscellaneous) Amendment
Act 2009.
(1) Subject to subsection (2), this Act will come into operation on a
day to be fixed by proclamation.
(2) Sections 9 to 14 (inclusive) must be brought into operation on
the same day.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
4—Amendment of
section 4—Interpretation
Section 4(1), definition of voting ticket square—delete
the definition and substitute:
voting ticket square means a square printed on a ballot paper
for a Legislative Council election for use by voters who choose to vote in
accordance with a voting ticket or voting tickets that have been registered
under this Act in relation to a candidate or group;
5—Amendment of
section 26—Inspection and purchase of rolls
(1) Section 26(1)—after "Copies" insert:
(whether in printed or electronic form)
(2) Section 26(1)(c)—delete paragraph (c)
(3) Section 26(2)—delete subsection (2) and substitute:
(2) The Electoral Commissioner must, on request—
(a) provide a member of the House of Assembly with an up-to-date copy of
the electoral roll for the member's district;
(b) provide a member of the Legislative Council with an up-to-date copy of
the electoral roll for the Legislative Council district;
(c) provide the registered officer of a registered political party with an
up-to-date copy of any electoral roll for any district.
(3) The following provisions apply in connection with the operation of
subsection (2):
(a) a request under subsection (2) may be made on the basis that a
copy of the relevant roll (or rolls) will be provided on a monthly basis (and
the Electoral Commissioner is not required to provide a roll to a particular
person (or registered political party) more frequently than once in each
month);
(b) a copy of a roll may be provided in electronic form (as determined by
the Electoral Commissioner);
(c) a copy of a roll must be provided without the requirement to pay a
fee.
6—Amendment of
section 27—Power to require information
(1) Section 27(1)(a)—delete paragraph (a) and substitute:
(a) an agency or instrumentality of the Crown, or any other prescribed
authority; or
(ab) any public sector employee; or
(2) Section 27—after subsection (1) insert:
(1a) The regulations may provide that subsection (1) does not apply
to—
(a) a particular agency or instrumentality of the Crown, prescribed
authority, or public sector employee; or
(b) specified information or material in the possession or control of an
agency, instrumentality, authority, body or person.
7—Amendment of
section 27A—Provision of certain information
(1) Section 27A(2)(c)—delete paragraph (c) and substitute:
(c) the elector's date of birth.
(2) Section 27A(2), note—delete the note
(3) Section 27A(5), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $10 000.
(4) Section 27A—after subsection (5) insert:
(6) A fee is not payable under subsection (4)(b) if the person to
whom the information is provided is a Member of Parliament.
8—Substitution of
Part 5 Division 3
Part 5 Division 3—delete Division 3 and substitute:
Division 2A—Itinerant persons
31A—Itinerant persons
(1) A person—
(a) who is in South Australia; and
(b) who qualifies for enrolment under section 29(1)(a), (b)
and (d) but does not qualify for enrolment under section 29(1)(c)
because he or she does not have a fixed place of residence (whether within the
State or elsewhere),
may apply for enrolment under this section.
(2) An application under this section—
(a) must be made to the Electoral Commissioner in a form approved by the
Electoral Commissioner; and
(b) must be signed and attested as required by the Electoral
Commissioner.
(3) The form approved by the Electoral Commissioner may require the
applicant to specify an address that may be taken to be the person's principal
place of residence for the purposes of this Act.
(4) If the Electoral Commissioner is satisfied that a person has made a
valid application in accordance with subsections (1) and
(2)—
(a) the person is entitled to be enrolled as an elector under this Act
despite the provisions of Division 1; and
(b) a further claim for enrolment need not be made under Division 2;
and
(c) the Electoral Commissioner will cause the name of the person to be
entered on the roll for the subdivision which is, according to a determination
of the Electoral Commissioner after taking into account—
(i) any address specified under subsection (3); and
(ii) any other relevant factor,
the most appropriate subdivision for the purposes of the enrolment of the
person.
(5) The Electoral Commissioner may, in connection with the operation of
subsection (4) and after taking into account any address specified under
subsection (3), include on the roll an address in the subdivision that is
to be taken to be the person's principal place of residence for the purposes of
this Act and any other Act or law relating to enrolment under this
Act.
(6) The Electoral Commissioner will also annotate the roll so as to
indicate that the person is enrolled under this section.
(7) While a person is the subject of an annotation under
subsection (6), the person is entitled (despite any other provision of this
Act)—
(a) to have his or her name retained on the roll for the relevant
subdivision; and
(b) to vote as an elector for that subdivision.
(8) Despite a preceding subsection, the Electoral Commissioner will not
deal with an application under this section received between the time on which
rolls for an election in the relevant district close and polling day for that
election.
(9) If an application under this section is rejected, the Electoral
Commissioner must take reasonable steps to notify the applicant in
writing—
(a) of the rejection of the application; and
(b) of the reason for its rejection; and
(c) of the applicant's rights under this Act to appeal against the
decision.
(10) If a person who is enrolled under this section—
(a) qualifies for enrolment with respect to a place of residence under
section 29(1)(c); or
(b) forms the intention to leave South Australia and to remain outside the
State for a continuous period of at least 1 month,
the person must, as soon as practicable, give notice to the Electoral
Commissioner in a form approved by the Electoral Commissioner.
(11) A person ceases to be entitled to be enrolled under this section
if—
(a) the person gives notice under subsection (10); or
(b) the person fails to vote at a general election while enrolled under
this section; or
(c) the Electoral Commissioner becomes aware that the
person—
(i) has qualified for enrolment with respect to a place of residence under
section 29(1)(c); or
(ii) has ceased to be entitled to be enrolled under this Act (otherwise
than with respect to the operation of section 29(1)(c)); or
(iii) has remained outside the State for a continuous period of at least
1 month.
(12) If a person ceases to be entitled to be enrolled under this section,
the Electoral Commissioner will remove the person's name, and the relevant
annotation, from the roll (but may then, if relevant, re-enter the name in
accordance with any entitlement that exists apart from this section).
(13) A person who falls within the ambit of subsection (11) may make
a new application under this section if or when he or she again qualifies under
the terms of subsection (1).
Division 3—Compulsory enrolment and
transfer
32—Compulsory enrolment and transfer of
enrolment
(1) A person who is entitled to be enrolled for any subdivision, whether
by way of enrolment or transfer of enrolment, and whose name is not on the Roll
for that subdivision must, within 21 days from the date on which the person
became so entitled, make a claim in accordance with this Act for enrolment or
for transfer of enrolment (as the case may require).
(2) Subsection (1) does not apply to a person who is entitled to be
enrolled in accordance with section 29(2) or 31A.
(3) A person who fails, without proper excuse, to make a claim for
enrolment or transfer of enrolment in accordance with this section is guilty of
an offence.
Maximum penalty: $75.
(4) Proceedings for an offence against subsection (3) may not be
commenced after a claim for enrolment or transfer of enrolment (as the case may
require) has been made.
32A—Notification of transfer with the same
subdivision
(1) An elector whose principal place of residence changes from one address
to another within the same subdivision must, within 21 days of the change,
notify an electoral registrar of the address of the elector's current principal
place of residence.
(2) An elector who fails, without proper excuse, to give a notification
under this section is guilty of an offence.
Maximum penalty: $75.
(3) Proceedings for an offence against subsection (2) may not be
commenced after an appropriate notification has been given.
9—Amendment
of section 36—Definitions and related provisions
(1) Section 36(1), definition of eligible political
party—delete the definition and substitute:
eligible political party means—
(a) a parliamentary party; or
(b) a political party (other than a parliamentary party) whose membership
includes at least 500 electors;
(2) Section 36(1), definition of parliamentary
party—delete the definition and substitute:
parliamentary party means a political party at least
1 member of which is—
(a) a member of the Parliament of South Australia; or
(b) a Senator for the State of South Australia; or
(c) a member of the House of Representatives chosen in the State of South
Australia;
(3) Section 36(3)—delete subsection (3) and substitute:
(3) For the purposes of this Part, 2 or more political parties cannot rely
on the same member for the purpose of qualifying or continuing to qualify as an
eligible political party.
(4) The following provisions apply in connection with the membership
requirements for political parties:
(a) a member who is relied on by 2 or more political parties may nominate
the party entitled to rely on the member, but if a party is not nominated after
the Electoral Commissioner has, in accordance with the regulations, given the
member an opportunity to do so, the member is not entitled to be relied on by
any of those parties;
(b) the registration of a party is not to be cancelled because of the
provisions of this section unless the party is given an opportunity by the
Electoral Commissioner, in accordance with the regulations, to change the member
or members on whom it relies.
10—Amendment
of section 39—Application for registration
Section 39(2)—after paragraph (e) insert:
and
(f) in the case of a party that is not a parliamentary
party—
(i) set out the names and addresses (as enrolled) of 500 electors who
are members of the party and on whom the party relies for the purpose of
qualifying as an eligible political party; and
(ii) be accompanied by declarations of membership of the party (in the
form determined by the Electoral Commissioner) completed and signed by the
members on whom the party relies for the purpose of qualifying as an eligible
political party; and
(g) in the case of a parliamentary party—
(i) set out the name and address of the member on whom the party relies
for the purpose of qualifying as an eligible political party; and
(ii) be accompanied by a declaration of membership of the party (in the
form determined by the Electoral Commissioner) completed and signed by the
member on whom the party relies for the purpose of qualifying as an eligible
political party; and
(h) be accompanied by a $500 application fee (which is not
refundable).
11—Amendment of
section 42—Registration
(1) Section 42(3)—delete subsection (3) and substitute:
(3) An application for the registration of a political party may be
refused if, in the opinion of the Electoral Commissioner the name of the party,
or the abbreviation (if any) of the name, that it wishes to be
registered—
(a) is the name, or an abbreviation or acronym of the name, of a prominent
public body, or so nearly resembles the name, or an abbreviation or acronym of
the name, of a prominent public body that it is likely to be confused with that
name, abbreviation or acronym; or
(b) comprises or contains a word or set of words—
(i) that constitute a distinctive aspect or part of the name of another
political party (not being a related political party) that is a parliamentary
party or a registered political party; or
(ii) that so nearly resemble a distinctive aspect or part of the name of
another political party (not being a related political party) that is a
parliamentary party or a registered political party that it appears that that
distinctive aspect or part of that name is being adopted by the political party
applying for registration.
Note—
For example, the underlined words constitute distinctive aspects or parts
of the names of political parties:
Australian Democrats (South Australian Division Inc)
Australian Labor Party (South Australian Branch)
The Liberal Party of Australia (SA Division)
The National Party of Australia (SA) Inc
No Pokies Campaign Inc.
(3a) Subsection (3)(b) does not apply if the applicant for registration
provides the Electoral Commissioner with a declaration (in the form determined
by the Electoral Commissioner) that has been signed by a person authorised by
the relevant parliamentary party or registered political party (as the case may
require) and states that the party consents to the use of the particular word or
set of words.
(2) Section 42—after subsection (5) insert:
(5a) However, a registration will not have effect for the purposes of
Parts 8, 9 or 10 until 6 months after publication of the notice of
registration under subsection (5)(d).
After section 43 insert:
43A—Annual returns and other
inquiries
(1) The registered officer of a registered political party must, by
30 September each year, furnish to the Electoral Commissioner a return as
to the party's continued eligibility for registration under this Part in the
form prescribed by the regulations.
(2) A return under subsection (1) must be accompanied by any
documents required under the regulations.
(3) A return is not required under subsection (1) if the party has
been registered for less than 6 months before the return is due to be
furnished.
(4) The Electoral Commissioner may at any time, by notice in writing,
require a registered officer of a registered political party to provide such
information as is specified in the notice for the purpose of determining whether
the party is still eligible to be registered under this Part.
(5) If the registered officer of a registered political party fails to
comply with a requirement under this section, the Electoral Commissioner may
de-register the party.
13—Amendment
of section 45—De-registration of political party
Section 45(1)(b)—delete paragraph (b) and substitute:
(b) a political party so registered has ceased to have the required number
of members (or, in the case of a parliamentary party, an appropriate member) to
enable the party to continue as an eligible political party; or
14—Insertion
of sections 46A and 46B
After section 46 insert:
46A—False statements
A person who, in furnishing information for the purposes of this Part,
makes a statement that is false or misleading in a material particular is guilty
of an offence.
Maximum penalty: $5 000.
46B—Membership information to be
confidential
(1) Subject to subsection (2), the names and addresses of electors
appearing in material provided to the Electoral Commissioner in connection with
the membership requirements for registration, or continued registration, as a
political party under this Part will be held by the Electoral Commissioner on a
confidential basis (and therefore that material will not be available for public
inspection under this Part).
(2) Subsection (1) does not prevent the Electoral Commissioner
providing information to a prescribed person or body, or a person or body of a
prescribed class, (if any) for purposes connected with the operation or
administration of this Act.
15—Amendment of
section 48—Contents of writ
Section 48(3)—delete subsection (3) and substitute:
(3) The date fixed for the close of the rolls must be—
(a) subject to paragraph (b)—the date falling 10 days
after the date of the issue of the writ;
(b) if the day that would apply under paragraph (a) would be a
Saturday, Sunday or public holiday—the date falling on the day next
following the Saturday, Sunday or public holiday that is not itself a Saturday,
Sunday or public holiday.
16—Amendment of
section 52—Qualifications of candidate
Section 52—after subsection (1) insert:
(1a) A person is not qualified to be a candidate for election as a member
of the House of Assembly or the Legislative Council if the person would, if
elected at the relevant election, be required to immediately vacate his or her
seat under section 17 or 31 of the Constitution Act 1934 (as
the case requires).
17—Amendment of
section 58—Grouping of candidates in Legislative Council
election
(1) Section 58(1)—delete "Where" and substitute:
Subject to this section, if
(2) Section 58—after subsection (3) insert:
(4) The number of candidates in a group must not exceed the number of
candidates required to be elected at the particular election.
18—Amendment of
section 59—Printing of Legislative Council ballot
papers
(1) Section 59(1)(a)—after "not included in groups"
insert:
(on the basis that the groups and then the individual candidates will be
placed sequentially on the ballot paper starting towards the left-hand side of
the ballot paper and then moving across the ballot paper (towards the right-hand
side) and, if necessary, on to and across a second or subsequent row or
rows)
(2) Section 59(2)—delete subsection (2) and substitute:
(2) If notice of an intention to lodge a voting ticket or voting tickets
has been given in accordance with this Division, an additional square must be
printed on the ballot paper in order to provide for the casting of votes in
accordance with that ticket or those tickets.
19—Amendment of
section 62—Printing of descriptive information on ballot
papers
Section 62(3)—delete subsection (3) and substitute:
(3) The Electoral Commissioner may reject an application under
subsection (1)(d) if—
(a) the description to which the application relates is, in the opinion of
the Electoral Commissioner, obscene or frivolous; or
(b) the word or words constituting the description could not be, or may
not be able to be, registered as the name, or as part of the name, of a
political party under Part 6 because of the operation of
section 42(2)(e) or (3)(b), other than where the application includes a
declaration (in the form determined by the Electoral Commissioner) that has been
signed by a person authorised by the relevant parliamentary party or registered
political party and states that the party supports the application.
(4) A decision of the Electoral Commissioner to accept or reject an
application under subsection (1)(d) is final and conclusive and not subject
to review or appeal.
20—Amendment of
section 63—Voting tickets
Section 63—after subsection (4) insert:
(5) If—
(a) notice of intention to lodge a voting ticket for a Legislative Council
election is given under subsection (2)(a); but
(b) a voting ticket is not then lodged in accordance with the requirements
of subsection (2)(b),
the Electoral Commissioner must take reasonable steps to inform the
candidate or candidates to whom the voting ticket was to relate of the failure
to lodge the voting ticket in accordance with the requirements of this section
(but the Electoral Commissioner need not take any other action in relation to
the matter).
21—Amendment of
section 65—Properly staffed polling booths to be
provided
Section 65(2)—after "polling booth" insert:
unless the Electoral Commissioner has taken reasonable steps to ensure that
liquor will not be sold or consumed on the premises while the polling booth is
open for voting or otherwise being used for the purposes of the poll
Section 66—delete the section and substitute:
66—Preparation of certain electoral
material
(1) The Electoral Commissioner must have the following electoral material
prepared for use in polling booths on polling day:
(a) posters formed from how-to-vote cards submitted by the candidates in
the election; and
(b) in relation to a Legislative Council election—posters or
booklets, or posters and booklets containing the voting tickets registered for
the purposes of the election.
(2) Material submitted for inclusion under
subsection (1)—
(a) must list candidates in the same order as their names will appear on
the relevant ballot paper; and
(b) must comply with any other requirement prescribed by the regulations;
and
(c) must be submitted in a quantity determined by the Electoral
Commissioner; and
(d) in the case of how-to-vote cards, must be received by the Electoral
Commissioner not later than 4 days after the day for nomination;
and
(e) if 2 or more candidates form a group for the purposes of a Legislative
Council election—must be jointly submitted by or on behalf of all
candidates in the group; and
(f) must not identify a candidate—
(i) by reference to the registered name of a registered political party or
a composite name consisting of the registered names of 2 registered
political parties; or
(ii) by the use of a word or set of words that could not be, or may not be
able to be, registered as the name, or as part of the name, of a political party
under Part 6 because of the operation of section 42(2)(e) or
(3)(b),
unless the candidate provides the Electoral Commissioner with a declaration
(in the form determined by the Electoral Commissioner) that is signed by a
person authorised by the relevant parliamentary party or registered political
party (as the case may require) and states that—
(iii) the candidate is endorsed by the party; or
(iv) the party has consented to the use of the relevant name or names or
word or words; and
(g) in the case of how-to-vote cards—must, in relation to
how-to-vote cards submitted by or on behalf of the same candidate or group of
candidates, be in identical form.
(3) The form of a poster or booklet prepared under this section will,
subject to this section, be as determined by the Electoral
Commissioner.
(4) The order in which the electoral material referred to in
subsection (1) is arranged will correspond to the order in which the names
of candidates will appear on the relevant ballot paper.
(5) The presiding officer at each polling booth must cause posters and
booklets prepared under subsection (1) to be displayed or made available
(as the case may be) in a prominent position in the polling booth and in
accordance with any direction issued by the Electoral Commissioner.
23—Amendment of
section 67—Appointment of scrutineers
Section 67(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) Each candidate may appoint 1 or more scrutineers for the purposes of
an election.
(2) A person cannot act as a scrutineer at a particular place on behalf of
a candidate unless or until a copy of a written notice of appointment of the
person as a scrutineer, signed by the candidate, is presented to the officer
presiding at that place.
24—Amendment of
section 71—Manner of voting
Section 71—after subsection (2) insert:
(3) In addition, a person whose name has been removed from the electoral
roll by virtue of an objection under Part 5 Division 4 is entitled to
make a declaration vote at an election if—
(a) the ground for the objection was that the person failed to notify an
electoral registrar of a change of address in accordance with the requirements
of this Act; and
(b) the previous address and the new address are both in the same House of
Assembly district.
(4) A person who satisfies the requirements of subsection (3) will be
taken to be an elector for the purposes of the other provisions of this Act
(with respect to the election or elections held on the day in relation to which
the entitlement under that subsection arises).
25—Amendment of
section 74—Issue of declaration voting papers by post or other
means
(1) Section 74(1)—delete "by post" and substitute:
under this section
(2) Section 74(2)—delete "is posted" and substitute:
is dispatched
(3) Section 74—after subsection (2) insert:
(2a) Declaration voting papers under subsection (1) or a response
under subsection (2) may be issued or dispatched—
(a) by post; or
(b) in some other manner prescribed by the regulations.
(4) Section 74(3)(b)(iii)—delete subparagraph (iii) and
substitute:
(iii) caring for a person who is seriously ill, infirm or
disabled,
(5) Section 74(3)—after paragraph (b) insert:
; or
(c) the elector's place of residence is not within 20 kilometres, by
the shortest practicable route—
(i) of any place likely to be a polling place appointed under this Act;
or
(ii) of any place likely to constitute the site of a mobile polling booth
established under this Act,
(6) Section 74—after subsection (6) insert:
(7) A person who is given an application by an elector for the issue of
declaration voting papers under this section on the basis that the person will
deliver the application to the appropriate officer must transmit the application
to the appropriate officer as soon as possible.
Maximum penalty: $1 250.
26—Amendment of
section 80—Voter may be accompanied by an assistant in certain
circumstances
(1) Section 80(1)—delete "subsection (2)" and substitute:
this section
(2) Section 80—after subsection (3) insert:
(4) A candidate, or a scrutineer appointed by a candidate, must not act as
an assistant under this section.
Maximum penalty: $1 250.
27—Amendment of
section 82—Declaration vote, how made
(1) Section 82(1)(c)—delete "by post to the elector" and
substitute:
to the elector under section 74(2a)
(2) Section 82(2)(d)(i)—after "ballot box" insert:
, or placed in another secured facility,
(3) Section 82—after subsection (4) insert:
(4a) A person who is given an envelope containing a declaration vote of an
elector for transmission to a returning officer must lodge it with, or forward
it by post to, the appropriate district returning officer as soon as
possible.
Maximum penalty: $1 250.
28—Amendment of
section 84—Security of facilities
Section 84—after "ballot boxes" insert:
or other secured facilities
29—Amendment of
section 85—Compulsory voting
(1) Section 85(5)—delete "at the foot of the notice by stating in
it" and substitute:
in the indicated place by stating
(2) Section 85(5)—after "him or her," insert:
and then
30—Amendment of
section 87—Ballot boxes or other facilities to be kept
secure
(1) Section 87(1)—after "a ballot box" insert:
or other facility used for keeping voting papers
(2) Section 87(1)(a)—delete "the ballot box" and
substitute:
it
(3) Section 87(2)—delete subsection (2) and substitute:
(2) An officer must, before voting papers are first deposited in a ballot
box or other secured facility for the purposes of an election, publicly exhibit
it empty.
31—Amendment of
section 89—Scrutiny
Section 89—after subsection (2) insert:
(3) Despite subsection (2), the returning officer or a deputy returning
officer may undertake a preliminary scrutiny of declaration voting papers
(without opening any envelope) before the close of poll.
32—Amendment of
section 91—Preliminary scrutiny
(1) Section 91(1)—delete subsection (1) and substitute:
(1) For the purposes of the scrutiny of declaration voting papers, the
returning officer or a deputy returning officer—
(a) must begin by producing the relevant applications for declaration
voting papers and, unopened, the envelopes containing declaration ballot papers,
being such envelopes received by him or her up to the end of the period of
7 days immediately following the close of the poll, or received by any
other officer up to the close of the poll; and
(b) must then—
(i) in the case of declaration voting papers of voters whose votes were
not taken before an officer, satisfy himself or herself—
(A) that the signature of the declarant corresponds with the signature on
the application for declaration voting papers; and
(B) that the vote was recorded before the close of the poll,
and if so satisfied, accept the ballot paper for further scrutiny by
withdrawing the ballot paper from its envelope and, without inspecting or
unfolding it or allowing any other person to do so, by placing it in a securely
closed ballot box or other facility reserved for such ballot papers but, if not
so satisfied, disallow the ballot paper without opening the envelope in which it
is contained;
(ii) in the case of declaration voting papers of voters whose votes were
taken before an officer, proceed with the process by withdrawing the ballot
paper from its envelope and, without inspecting or unfolding it or allowing any
other person to do so, by placing it in a securely closed ballot box or other
facility reserved for such ballot papers, unless he or she determines that there
is proper cause at this stage for not accepting the ballot paper for further
scrutiny under this Act; and
(c) must then seal up in separate parcels and preserve—
(i) all envelopes endorsed with declarations relating to declaration
ballot papers accepted for further scrutiny; and
(ii) all unopened envelopes containing declaration ballot papers
disallowed; and
(d) must then proceed with the scrutiny of the declaration ballot papers
that have been accepted for further scrutiny.
(2) Section 91(1a)(a)—after "ballot box" insert:
or other facility
(3) Section 91(2)—delete subsection (2) and substitute:
(2) If, in conducting a scrutiny, it appears to a returning officer or
deputy returning officer that 2 or more declaration ballot papers in respect of
the same election have been received from the same elector, the returning
officer or deputy returning officer must, subject to this section, accept the
first such ballot paper that came into his or her hands and reject the remainder
from further scrutiny.
33—Amendment of
section 94—Informal ballot papers
(1) Section 94(1)(d)—after "ballot box" insert:
or other secured facility
(2) Section 94—after subsection (4) insert:
(4a) If—
(a) notice of intention to lodge a voting ticket for a Legislative Council
election was given under section 63(2)(a) but a voting ticket was not then
lodged in accordance with the requirements of section 63(2)(b);
and
(b) the ballot papers for the election contain a voting ticket square on
the basis that the voting ticket was to be lodged; and
(c) a voter uses that voting ticket square,
then the ballot paper is informal unless—
(d) subsection (4) of section 92 applies; or
(e) subsection (6) of this section applies.
34—Amendment of
section 95—Scrutiny of votes in Legislative Council
election
(1) Section 95(2)(h)—delete paragraph (h) and substitute:
(h) transmit the parcels to the deputy returning officer with the least
possible delay, together with the statement specified in
paragraph (d).
(2) Section 95(3)—delete subsection (3) and substitute:
(3) The deputy returning officer must—
(a) open all ballot boxes and other facilities used for keeping voting
papers not opened by an assistant returning officer and must conduct the
scrutiny of the ballot papers contained in those boxes or facilities, as far as
practicable, in the manner described above; and
(b) if authorised by the Electoral Commissioner—
(i) open the sealed parcels of ballot papers received from the assistant
returning officers that comprise ballot papers where voting has occurred by the
use of a voting ticket square; and
(ii) make a fresh scrutiny of the ballot papers contained in those
parcels, and for that purpose he or she has the same powers as if the fresh
scrutiny were the original scrutiny, and may reverse any decision given in the
original scrutiny; and
(iii) arrange the unrejected ballot papers so scrutinised by him or her
under the names of the respective candidates by placing in a separate parcel all
those on which a first preference is indicated for the same candidate by virtue
of the voting ticket; and
(iv) count the first preference votes given for each candidate on all
unrejected ballot papers arranged under subparagraph (iii); and
(v) make out and sign a statement setting out the number of first
preference votes given for each candidate under subparagraph (iv), and the
number of informal ballot papers under this paragraph; and
(vi) place in a separate parcel all the ballot papers which have been
rejected as informal under this paragraph; and
(c) seal up all parcels created under this subsection and endorse on each
parcel a description of its contents; and
(d) complete a return, in a form determined by the Electoral Commissioner,
addressed to the returning officer for the Legislative Council; and
(e) transmit all voting papers, together with the return, to the returning
officer for the Legislative Council.
(3) Section 95(4)—delete "The returning officer" and
substitute:
Subject to subsection (4a), the returning officer
(4) Section 95—after subsection (4) insert:
(4a) The returning officer may, to such extent as he or she determines to
be appropriate, rely on any information contained in a return under
subsection (3) in substitution for conducting a fresh scrutiny under
subsection (4) (and that information will then, to the extent determined by
the returning officer, have full effect for the purposes of the succeeding
provisions of this section).
35—Amendment of
section 96D—Use of approved computer program in
election
(1) Section 96D(2)(b)—after "informal ballot papers"
insert:
(after taking into account the operation of subsection (4a) (if
relevant))
(2) Section 96D(2)(c)—after "(20) to (28) (inclusive)"
insert:
(after taking into account the operation of subsection (4a) (if
relevant))
36—Amendment of
section 105—Respondents to petitions
Section 105—delete "is the respondent" and substitute:
and the person who was the successful candidate at the relevant election
are both respondents
37—Amendment of
section 107—Orders that the Court is empowered to
make
Section 107—after subsection (4) insert:
(5) An election may be declared void on the ground of misleading
advertising but only if the Court of Disputed Returns is satisfied, on the
balance of probabilities, that the result of the election was affected by that
advertising.
(6) An election may be declared void on the ground of a breach of
section 109, 110 or 111 in accordance with the following
provisions:
(a) if the Court of Disputed Returns finds, either on the basis of a
conviction or on the balance of probabilities, that the successful candidate, or
a person acting on behalf of the successful candidate with the successful
candidate's knowledge, has committed such a breach, then the Court may declare
the election to be void whether or not it is satisfied that the result of the
election was affected by the breach;
(b) if the Court of Disputed Returns finds, on the balance of
probabilities, that the breach was committed without the successful candidate's
knowledge, then the Court may declare the election to be void only if satisfied,
on the balance of probabilities, that the result of the election was affected by
the breach.
38—Amendment of
section 112—Publication of electoral advertisements, notices
etc
(1) Section 112(1)—after "in printed form" insert:
or through electronic publication on the Internet
(2) Section 112(1)(a)—after "the name" insert:
(being the name by which the person is usually known)
(3) Section 112(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) if the offender is a natural person—$5 000.
(b) if the offender is a body corporate—$10 000.
39—Insertion of
sections 112A, 112B and 112C
After section 112 insert:
112A—Special provision relating to how-to-vote
cards
(1) During the election period for an election, a person must not
distribute, or cause or permit to be distributed, a how-to-vote card
unless—
(a) the name (being the name by which the person is usually known) and
address (not being a post office box) of the person who authorised the card
appears at the bottom of the card; and
(b) if the card is authorised—
(i) for a registered political party or a candidate endorsed by a
registered political party—the party's name or, if the Register of
Political Parties includes an abbreviation of the party's name, that
abbreviation; or
(ii) for a candidate who is not endorsed by a registered political
party—the candidate's name and the word "candidate",
is stated on the card in accordance with any requirements prescribed by the
regulations.
Maximum penalty: $5 000.
(2) Subsection (1) does not apply in relation to how-to-vote cards
submitted for inclusion in posters under section 66.
(3) In this section—
distribute a how-to-vote card includes make the card
available to other persons.
112B—Certain descriptions not to be
used
(1) A person must not publish or distribute an electoral advertisement or
a how-to-vote card that identifies a candidate—
(a) by reference to the registered name of a registered political party or
a composite name consisting of the registered names of 2 registered
political parties; or
(b) by the use of a word or set of words that could not be, or may not be
able to be, registered as the name, or as part of the name, of a political party
under Part 6 because of the operation of section 42(2)(e) or
(3)(b),
unless—
(c) the candidate is endorsed by the relevant parliamentary party or
registered political party (as the case may be); or
(d) the relevant parliamentary party or registered political party has
consented to the use of the relevant name or names or word or words (as the case
may be).
Maximum penalty: $5 000.
(2) Subsection (1) applies to publication by any means (including
radio or television).
(3) Subsection (1) does not prevent the publication of background
information, a personal profile, or a declaration of policy, by or in relation
to a candidate.
(4) In this section—
distribute an electoral advertisement or how-to-vote card
includes make the relevant advertisement or how-to-vote card available to other
persons.
112C—Publication of matter regarding
candidates
(1) If, in any matter announced or published, or caused to be announced or
published, by a person on behalf of any association, league, organisation or
other body, it is—
(a) claimed or suggested that a candidate in an election is associated
with, or supports the policy or activities of, that association, league,
organisation or body; or
(b) expressly or impliedly advocated or suggested—
(i) in the case of a Legislative Council election—that a voter
should place in the square opposite the name of a candidate on a ballot-paper a
number not greater than the number of members to be elected; or
(ii) in the case of a House of Assembly election—that that candidate
is the candidate for whom the first preference vote should be given,
that person is guilty of an offence.
Maximum penalty:
If the offender is a natural person—$1 000;
If the offender is a body corporate—$5 000.
(2) Subsection (1) does not apply if the person proves that he or she
is authorised in writing by the candidate to announce or publish the thing
claimed, suggested or advocated.
(3) Where any matter, the announcement or publication of which by any
person without the written authority of a candidate would be an offence against
subsection (1) on the part of that person, is announced or published by or
on behalf of, or with the support of, any association, league, organisation or
other body, every person who was an officer of the association, league,
organisation or body at the time of that announcement or publication is guilty
of an offence against subsection (1).
(4) For the purposes of this section, where any matter purports, expressly
or impliedly, to be announced or published by or on behalf of, or in the
interests or with the support of, any association, league, organisation or other
body, the matter will, in the absence of proof to the contrary, be deemed to be
announced or published by or on behalf, or with the support, of the association,
league, organisation or other body.
(5) Nothing in this section applies to or in relation to any announcement
or publication made or authorised by a bona fide political party respecting a
candidate who, by public announcement, has declared his or her candidature to be
a candidature on behalf of, or in the interests of, that party.
40—Amendment of
section 113—Misleading advertising
Section 113(2), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) if the offender is a natural person—$5 000.
(b) if the offender is a body corporate—$25 000.
41—Amendment of
section 114—Heading to electoral advertisements
(1) Section 114(1)—delete "newspaper" wherever occurring and
substitute in each case:
journal
(2) Section 114(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) if the offender is a natural person—$1 250.
(b) if the offender is a body corporate—$5 000.
(3) Section 114—after subsection (2) insert:
(3) In this section—
journal means a newspaper, magazine or other periodical,
whether published for sale or for distribution without charge.
42—Amendment of
section 115—Limitations on display of electoral
advertisements
(1) Section 115(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
(2) Section 115—after subsection (2) insert:
(2a) A person must not exhibit an electoral advertisement on a public road
(including any structure, fixture or vegetation on a public road) or in any
other public place.
Maximum penalty: $5 000.
(2b) Subsection (2a) expires on 31 March 2014.
(3) Section 115(3)(c)—delete paragraph (c)
(4) Section 115—after subsection (3) insert:
(4) The regulations may provide that any provisions of this section do not
apply to an advertisement of a specified kind or the exhibition of an
advertisement in circumstances of a specified kind.
(5) In this section—
public place means a public place within the meaning of the
Local Government Act 1999;
public road means a road within the meaning of the Road
Traffic Act 1961.
43—Amendment of
section 116—Published material to identify person responsible for
political content
(1) Section 116(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) if the offender is a natural person—$1 250.
(b) if the offender is a body corporate—$5 000.
(2) Section 116(2)—after paragraph (d) insert:
(e) any other prescribed material or class of material.
44—Amendment of
section 119—Offender may be removed from polling
booth
Section 119(2)—after "subsection (1)" insert:
(including a candidate or scrutineer)
After section 136 insert:
137—Immunity
(1) No civil liability attaches to the Electoral Commissioner or any other
officer acting in the administration of this Act for an act or omission in good
faith in the exercise, performance or discharge, or purported exercise,
performance or discharge, of powers, functions or duties under this
Act.
(2) A liability that would, but for this section, attach to a person
attaches instead to the Crown.
Schedule 1—Related
amendments and transitional provisions
Part 1—Related amendment to Constitution
Act 1934
1—Amendment of
section 81—Staff
Section 81(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The Commission may appoint other persons to the staff of the
Commission.
(3) An office within the staff of the Commission may be held in
conjunction with an office in the public service of the State.
(4) A member of the staff of the Commission may receive such remuneration,
if any, as may be determined by the Commission.
2—Amendment of
section 82—Electoral redistributions
Section 82(2)(c)—delete "three" and substitute:
24
Part 2—Related amendment to Local Government
Act 1999
3—Amendment of
section 226—Moveable signs
Section 226(3)(c)—delete "State or"
Part 3—Transitional provisions
In this Schedule—
principal Act means the Electoral
Act 1985;
relevant day means the day on which sections 9 to 14 of
this Act come into operation.
(1) The amendments effected to Part 6 of the principal Act by this
Act will apply from 6 months after the relevant day with respect to a
political party registered under that Part immediately before the relevant
day.
(2) A political party registered under Part 6 of the principal Act
immediately before the relevant day is not required to furnish a return under
section 43A of the principal Act (as enacted by this Act) until
30 September 2010.
(3) An application for the registration of an eligible political party
(not being a parliamentary party) made but not finally determined before the
amendment of Part 6 of the principal Act must comply with the requirements
of that Part as amended by this Act, but the Electoral Commissioner must allow
the applicant a reasonable opportunity to amend the application in order to
comply with those requirements.
(4) The registration of an elector under paragraph (b)(iii) of
section 74(3) of the principal Act is not affected by the amendment of that
paragraph by this Act.