Tasmanian Numbered Acts

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ELECTORAL MATTERS (MISCELLANEOUS AMENDMENTS) ACT 2023 (NO. 38 OF 2023) - SECT 7

Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the definition of candidate roll :
carriage service provider has the same meaning as in the Telecommunications Act 1997 of the Commonwealth;
(b) by inserting the following definitions after the definition of Commonwealth roll :
communicate , in relation to electoral matter, means print, publish, display, distribute, produce, or broadcast, the electoral matter, by any means, including electronically, by social media or by the internet, by electronic phone or by a communication sent to an electronic address at which the communication may be available to a person;
constitutional documents , in relation to a party, means the written set of principles and rules (however described) under which the party is governed;
(c) by inserting the following definition after the definition of deputy registered officer :
disclosure entity , in relation to electoral matter, means a person, or entity, who or that –
(a) is a candidate in relation to an election to which the electoral matter relates; or
(b) is a registered party; or
(c) is a Member; or
(d) is a significant political donor, within the meaning of the Electoral Disclosure and Funding Act 2023 , in relation to an election to which the electoral matter relates; or
(e) is an associated entity, within the meaning of the Electoral Disclosure and Funding Act 2023 ; or
(f) is a third-party campaigner, within the meaning of the Electoral Disclosure and Funding Act 2023 , in relation to an election to which the electoral matter relates; or
(g) was a candidate in –
(i) an Assembly election in the previous 5 years; or
(ii) a Council election in the previous 7 years;
(d) by omitting the definition of electoral matter and substituting the following definitions:
electoral matter  – see section 4 ;
entity means –
(a) an incorporated or unincorporated body; or
(b) the trustee of a trust;
(e) by inserting the following definition after the definition of functions :
how to vote card means a card, handbill or pamphlet (or an electronic document or electronic representation of a card, handbill or pamphlet) –
(a) that –
(i) is, or includes, a representation of a ballot paper, or part of a ballot paper, for an election or is apparently intended to represent a ballot paper, or part of a ballot paper, for an election; and
(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or
(b) that lists the names of 2 or more of the candidates or registered parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or
(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet that only relates to first preference votes or that only relates to last preference votes;
(f) by inserting the following definition after the definition of informal ballot paper :
inspector means a person who is, under section 200D , an inspector;
(g) by inserting the following definition after the definition of intending candidate :
listed carriage service has the same meaning as in section 16 of the Telecommunications Act 1997 of the Commonwealth;
(h) by inserting the following definition after the definition of scrutineer :
social media means internet-based, or mobile broadcasting-based, technology or applications, if –
(a) the sole or primary purpose of the technology or application is to enable social interaction between 2 or more end-users; and
(b) the technology or application allows end-users to link to, or interact with, some or all of the other end-users; and
(c) the technology or application is a means by which a person may create and share content generated by the person –
and includes technology or applications known as internet forums, blogs, wikis, text messaging and online or mobile broadcasting social networks;



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