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This is a Bill, not an Act. For current law, see the Acts databases.
COMMUNITY REFERENDUM BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Gary Humphries)
Community
Referendum Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Gary Humphries)
Community Referendum
Bill 2002
A Bill for
An Act to enable the people of the ACT to initiate and vote on legislative
proposals
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Community Referendum Act 2002.
This Act commences on the day after its notification day.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act or in other legislation.
For example, the signpost definition ‘referendum ballot
paper—see Machinery Provisions Act, section 3 (1).’ means
that the expression ‘referendum ballot paper’ is defined in that
subsection and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act 2001, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act 2001, s 127 (1), (4) and (5)
for the legal status of notes.
Part
2 Legislative
proposals
Division
2.1 Gaining community
support
5 Establishment
of sponsoring committee
(1) Between 2 and 10 electors who propose to present an initiating request
may, by unanimous resolution, agree to form themselves into the sponsoring
committee for the legislative proposal that is the subject of the
request.
(2) For this Act, a sponsoring committee is established if the electoral
commissioner accepts a notice (an establishment notice)
containing—
(a) a statement that the electors named in the notice have agreed to be a
sponsoring committee for the legislative proposal described in the notice;
and
(b) the names and addresses of the electors; and
(c) their signatures; and
(d) the name of the elector proposed to be the contact officer for the
committee; and
(e) a description, in no more than 100 words, of the main objects that the
electors wish to achieve by the legislative proposal.
Note If a form is approved under s 36 (Approved forms) for an
establishment notice, the form must be used.
(3) The electoral commissioner must accept the notice if satisfied
that—
(a) the notice complies with subsection (2); and
(b) the objects that the electors wish to achieve by the proposal can be
implemented by Territory law.
(4) If the electoral commissioner accepts an establishment notice, the
commissioner must give the contact officer for the committee written notice of
the acceptance (a notice of acceptance).
(5) A notice of acceptance must include—
(a) a copy of the description of the legislative proposal set out in the
establishment notice; and
(b) the name and address of the contact officer.
(6) A notice of acceptance is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(7) If the electoral commissioner does not accept an establishment notice,
the commissioner must give the elector proposed to be the contact officer for
the committee a review statement about the decision.
(8) Failure to comply with subsection (5) in relation to a decision does
not affect the validity of the decision.
6 Multiple
proposals sponsored by same committee
If a group of electors become a sponsoring committee for a legislative
proposal under section 5 (Establishment of sponsoring committee) and, at the
same or later, the electoral commissioner accepts an establishment notice for
that group for another legislative proposal, the group of electors is taken to
be a separate sponsoring committee for each legislative proposal.
The contact officer for a sponsoring committee may give the electoral
commissioner a request (an initiating request) seeking
registration of a legislative proposal described in the establishment notice
given to the commissioner by the sponsoring committee.
Note If a form is approved under s 36 (Approved forms) for an
initiating request, the form must be used.
8 Approval
of initiating request
(1) The electoral commissioner must approve an initiating request if
satisfied that—
(a) it relates to the legislative proposal described in the establishment
notice for the sponsoring committee for which the request is made; and
(b) there is set out on each page of the request—
(i) the description of the legislative proposal set out in the
establishment notice; and
(ii) the name and address of each member of the sponsoring committee;
and
(c) it contains—
(i) the full names, addresses and dates of birth of at least 1 000
electors who have signed the request; and
(ii) the date when each elector signed the request.
(2) If the electoral commissioner approves the initiating request, the
electoral commissioner must give the contact officer for the sponsoring
committee written notice of the approval (a notice of
approval).
(3) The notice of approval is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(4) If the electoral commissioner does not approve the initiating request,
the commissioner must give the contact officer for the sponsoring committee a
review statement about the decision.
(5) For subsection (1) (c), the electoral commissioner may be satisfied
that at least 1 000 signatories to the initiating request are electors if,
having checked a sample of at least 200 signatories chosen at random and having
applied an appropriate statistical method to the sample, the commissioner is
satisfied that it is reasonable to conclude that at least 1 000 signatories are
electors.
(6) For this section, a person is taken to be an elector if the person was
an elector when the person signed the initiating request.
9 Form
of popular request
An elector may give the electoral commissioner a request (a popular
request) that the people of the ACT be permitted to decide by referendum
whether the law of the ACT should be altered in accordance with an approved
legislative proposal stated in the popular request.
Note If a form is approved under s 36 (Approved forms) for a popular
request, the form must be used.
10 Time
for popular request
(1) A popular request for an approved legislative proposal must be given
to the electoral commissioner within 6 months after the notification day for the
notice of approval for the proposal under section 8 (3) (Approval of initiating
request).
(2) A popular request given to the commissioner after the end of the
period mentioned in subsection (1) must be disregarded for this
division.
11 Requirements
of popular request
(1) If the electoral commissioner is satisfied that the popular requests
received for an approved legislative proposal bear the signatures of at least
the required number of electors, the commissioner must, as soon as practicable,
determine that—
(a) the legislative proposal has been supported by the required number of
electors; and
(b) a proposed law that gives effect to the objects of the legislative
proposal may, under this Act and the Machinery Provisions Act, be put to a
referendum.
(2) A determination under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(3) If the electoral commissioner is satisfied that the popular requests
received for the legislative proposal bear the signatures of at least twice the
required number of electors, the commissioner must also, as soon as practicable,
determine that—
(a) the legislative proposal has been supported by twice the required
number of electors; and
(b) the proposal is a qualified legislative proposal.
(4) A determination under subsection (3) is a notifiable
instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(5) The electoral commissioner may be satisfied for subsection (1) or (3)
if, having checked a sample of at least 1 000 signatories chosen at random and
having applied an appropriate statistical method to the sample, the commissioner
is satisfied that it is reasonable to conclude that the number of signatories to
the popular requests who are electors would be at least the required number or
twice the required number, as the case requires.
(6) If the electoral commissioner makes a determination under this
section, the commissioner must tell the contact officer for the relevant
sponsoring committee in writing of the determination.
(7) If the electoral commissioner is not satisfied that the popular
requests received for an approved legislative proposal amount to the required
number, the commissioner must—
(a) revoke the approval of the initiating request; and
(b) give a review statement about the cancellation to the person who last
held the office of contact officer of the relevant sponsoring
committee.
(8) A revocation under subsection (7) is a notifiable
instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(9) For this section, a person is taken to be an elector if the person was
an elector when the person signed the popular request.
(10) In this section:
popular request does not include a request that is required
to be disregarded for this division.
required number means 5% of the number of electors who were
eligible to vote at the general election of members of the Legislative Assembly
that was last held before the end of the period of 6 months mentioned in section
10 (Time for popular request).
12 Revocation
of approval on cessation of committee
(1) The electoral commissioner must revoke the approval of an initiating
request for a legislative proposal if, before a copy of a proposed law that
gives effect to the objects of the proposal is given to the Speaker under
section 15 (1) (Presentation to Assembly), the commissioner is satisfied that
the relevant sponsoring committee has ceased to exist.
(2) For subsection (1), the electoral commissioner may be satisfied that a
sponsoring committee has ceased to exist if the electoral commissioner has given
to the contact officer a written notice of his or her intention to cancel the
approval of the initiating request under subsection (1) and—
(a) no response has been received within 1 month after the day the notice
was given; or
(b) from the response received it is reasonable to conclude that the
committee has ceased to exist.
(3) If the electoral commissioner decides to revoke an approval under
subsection (1), the commissioner must give a review statement about the decision
to the person who appears to the commissioner to be the person who last held the
office of contact officer of the relevant sponsoring committee.
Division
2.2 Proposed laws
13 Preparation
of proposed laws
(1) If a determination for a popular request has been notified under
section 11 (Requirements of popular request), the sponsoring committee for
the relevant approved legislative proposal may prepare a proposed law that gives
effect to the objects of the proposal.
(2) On written application by the sponsoring committee through its contact
officer, the Attorney-General must make available to the committee the services
of a public servant to enable the committee to prepare a proposed law.
14 Attorney-General’s
certificate
(1) If the sponsoring committee for an approved legislative proposal has
prepared a proposed law, its contact officer may apply in writing to the
Attorney-General for a certificate that the proposed law is consistent with the
approved legislative proposal and is suitable for presentation to the electors
on a community consultation day.
(2) The Attorney-General may give a certificate under this section only if
satisfied that the proposed law—
(a) is consistent with the objects of the approved legislative proposal;
and
(b) is in a form suitable for presentation to the Legislative
Assembly.
15 Presentation
to Assembly
(1) If the Attorney-General gives a certificate under section 14 in
relation to a proposed law, the contact officer of the sponsoring committee for
the proposed law may give the certificate and a copy of the proposed law to the
Speaker.
(2) The Speaker must—
(a) present the certificate and the copy of the proposed law to the
Legislative Assembly on the first sitting day after the day the Speaker receives
them; and
(b) tell the electoral commissioner about the presentation; and
(c) give a copy of the proposed law to the electoral commissioner and the
Chief Minister.
16 Failure
to prepare proposed law
(1) This section applies if a copy of a proposed law is not presented to
the Legislative Assembly under section 15 before the general election of members
of the Assembly that next happens after the notification day for the notice of
approval for the proposal under section 8 (Approval of initiating
request).
(2) If this section applies, the approval for the initiating request for
the legislative proposal is taken to be revoked.
(1) If a copy of a proposed law has been presented to the Legislative
Assembly under section 15 (2) (Presentation to Assembly), the sponsoring
committee for the proposed law may prepare an amendment of the proposed
law.
(2) On written application by the sponsoring committee through its contact
officer, the Attorney-General must make available to the committee the services
of a public servant to enable the committee to prepare an amendment of the
proposed law.
(3) If the sponsoring committee has prepared an amendment of the proposed
law, its contact officer may apply in writing to the Attorney-General for a
certificate under section 14 (Attorney-General’s certificate).
(4) If an application is made under subsection (3)—
(a) any certificate previously issued under section 14 for the proposed
law ceases to have effect; and
(b) that section applies to the application as if a reference in that
section to the proposed law were a reference to the proposed law as amended by
the amendment.
(5) If the Speaker receives, on or before the last day for making an
amendment, a copy of an amendment of the proposed law and the
Attorney-General’s certificate for the proposed law as amended by the
amendment, the Speaker must—
(a) present the certificate and the copy of the amendment to the
Legislative Assembly on the first sitting day after the day the speaker receives
them; and
(b) tell the electoral commissioner about the presentation; and
(c) give a copy of the proposed law to the electoral commissioner and the
Chief Minister.
(6) The proposed law is amended when a copy of the amendment is presented
to the Legislative Assembly under subsection (5).
(7) If the proposed law is amended under this section—
(a) a reference in this Act to the proposed law is a reference to the
proposed law as amended; and
(b) in any publication or reproduction of the proposed law, the proposed
law must be published or reproduced as amended.
(8) In this section:
last day for making amendments, for the proposed law, means
the 31 May that last happens before the community consultation day when the
referendum for the proposed law is to be held.
18 Submission
to referendum
(1) If a copy of a proposed law has been presented to the Legislative
Assembly under section 15 (2) (Presentation to Assembly), the electoral
commissioner must submit the proposed law to a referendum of electors on the
first community consultation day that happens after the end of 4 months after
presentation.
(2) However, the electoral commissioner must not submit a proposed law to
referendum if, before the holding of the referendum, the commissioner receives
from the Attorney-General written advice that the Legislative Assembly has
enacted a law that gives effect to the objects of the proposed law.
19 Auditor-general’s
estimate of costs or savings
(1) If a copy of a proposed law has been presented to the Legislative
Assembly under section 15 (2) (Presentation to Assembly), the auditor-general
must, as soon as practicable, prepare an estimate of the reasonable costs or
savings to the Territory of implementing the proposed law.
(2) An estimate under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(3) For this section, costs or savings are—
(a) the net costs or savings that are of capital or a capital nature;
and
(b) the net annual operating costs or savings.
(4) In making an estimate, the auditor-general must—
(a) assume that the proposed law will commence on 1 July after
presentation of the proposed law to the Legislative Assembly; and
(b) estimate the costs of, or savings in, implementing the proposed law in
the financial year beginning on that date and each of the next 2 following
financial years.
(5) If the auditor-general considers it advisable for the purpose of
better informing the community, the auditor-general may prepare estimates in the
form of a statement of the highest and lowest reasonably estimated amounts of a
cost or saving.
(6) An estimate under subsection (5) is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(7) The auditor-general must prepare a statement of the material
assumptions made in the calculation of an estimate under this section and the
reasons for the conclusions reached.
(8) A statement under subsection (7) is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
20 Special
community consultation days
(1) This section applies if, during the period of 12 months ending on
31 May in a year, a copy of a qualified proposed law has been presented to
the Legislative Assembly.
(2) If this section applies, the electoral commissioner must, as soon as
practicable after the end of the period mentioned in subsection (1), declare the
3rd Saturday in October to be a special community consultation day.
(3) A declaration under subsection (2) is a notifiable
instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
(4) If, after notification of the declaration under subsection (3) but
before the day declared to be a special community consultation day, a day is
determined for the holding of an extraordinary election, the day declared under
subsection (2) ceases to be a special community consultation day.
(5) If—
(a) the electoral commissioner has made a declaration under subsection (2)
declaring a day to be a special community consultation day; and
(b) a writ is issued under the Commonwealth Electoral Act 1918
(Cwlth), part 13 for an election of Senators for the Territory or for a general
election for the House of Representatives; and
(c) the date for the polling for the election is the day declared to be a
special community consultation day;
that day ceases to be a special community consultation day and the next 1st
Saturday in December is taken to be a special community consultation
day.
(6) In this section:
extraordinary election means an election of members of the
Legislative Assembly held under the Australian Capital Territory
(Self-Government) Act 1988 (Cwlth), section 16 or 48.
qualified proposed law means a proposed law that gives effect
to the objects of a qualified legislative proposal.
21 Arguments
for and against proposals
(1) Within 2 months after the presentation of a proposed law to the
Legislative Assembly under section 15 (2) (Presentation to Assembly), the
sponsoring committee for the proposed law may give the electoral commissioner an
argument in favour of the proposed law consisting of no more than 2 000
words.
(2) Before the end of the period mentioned in subsection (1), a member of
the Legislative Assembly may give to the electoral commissioner an argument
against the proposed law that consists of no more than 2 000 words and has
been authorised by a majority of the members of the Assembly who are against the
proposed law.
(3) If, after the electoral commissioner receives an argument for a
proposed law, the proposed law is amended under section 17 (Amendments), a
revised argument may be given to the commissioner for the proposed law by the
sponsoring committee or a member, as the case requires.
(4) If the electoral commissioner receives a revised argument under
subsection (3), the original argument must be disregarded for this Act and
the Machinery Provisions Act.
22 Publication
of arguments and auditor-general’s estimate
(1) The electoral commissioner must, at least 14 days before the
referendum day for a proposed law—
(a) publish a pamphlet containing—
(i) any argument given to the commissioner under section 21 (1)
(Arguments for and against proposals) in relation to the proposed law (or, if a
revised argument has been given under section 21 (3), the revised argument);
and
(ii) any argument given to the commissioner under section 21 (2)
in relation to the proposed law; and
(iii) the auditor-general’s estimate in relation to the proposed law
under section 19 (Auditor-general’s estimate of costs or savings);
and
(b) as far as practicable, post the pamphlet—
(i) to each elector; or
(ii) to each household in the ACT.
(2) The pamphlet must set out each argument in a similar typeface and
style.
(3) The arguments and estimates for more than 1 legislative proposal may
be contained in a single pamphlet.
(4) A pamphlet under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
23 Appointment
of scrutineers
Each of the following may appoint a scrutineer or scrutineers to represent
it during the polling or scrutiny for a referendum:
(a) a political party that, on 31 May before the community consultation
day when the referendum is held—
(i) was registered under the Electoral Act; and
(ii) was represented by at least 1 member in the Legislative Assembly;
(b) if a proposed law gives effect to the objects of a registered
legislative proposal—the relevant sponsoring committee.
Subject to any decision of the Court of Disputed Elections, a proposed law
that has been put to a referendum is approved if more than
1/2 of the formal votes
cast at the referendum are in favour of it.
25 Enactment
of proposed law
(1) As soon as practicable after the end of the period for a qualified
proposed law within which an application disputing the validity of a referendum
may be made, the electoral commissioner must notify the Speaker in writing
whether any application has been made.
(2) If an application disputing the validity of a referendum has been
made, the electoral commissioner must notify the Speaker in writing when it is
finally disposed of.
(3) For subsection (2), an application is taken to be finally disposed of
if—
(a) it is withdrawn; or
(b) it is dealt with by the Court of Disputed Elections.
(4) The Speaker must, on the first sitting day of the Legislative Assembly
after receiving a notification under subsection (1) or (2), present it to the
Legislative Assembly.
(5) Subject to any decision of the Court of Disputed Elections, if a
qualified proposed law has been approved at a referendum, the Chief Minister
must present the proposed law to the Legislative Assembly, on the next sitting
day after the presentation by the Speaker of a notification—
(a) under subsection (1) that no application to dispute the validity of
the referendum has been made; or
(b) under subsection (2).
(6) Subsection (5) is subject to section 26.
26 Inconsistency
in proposed laws
(1) This section applies if more than 1 proposed law has been approved on
the same community consultation day and the Chief Minister is satisfied
that—
(a) 2 or more of the proposed laws are inconsistent with each other;
or
(b) 1 of the proposed laws is partly inconsistent with another proposed
law.
(2) If this section applies, the Chief Minister must present under
section 25 (5) (Enactment of proposed law)—
(a) any independent proposed law; and
(b) the inconsistent or partly inconsistent proposed law that has been
supported by the greatest or greater number of votes.
(3) If subsection (1) (a) applies, section 25 (5) does not apply to a
proposed law that is inconsistent with the proposed law that may be presented
under subsection (2) (b).
(4) If—
(a) subsection (1) (b) applies; and
(b) the partly inconsistent proposed law is not a proposed law that may be
presented under subsection (2) (b); and
(c) the proposed law is partly inconsistent with a proposed law that may
be presented under subsection (2) (b) or this subsection; and
(d) the Chief Minister is satisfied that if the part of the proposed law
because of which it is partly inconsistent were omitted, the proposed law, on
enactment, would still—
(i) be capable of effective operation; and
(ii) achieve its primary objects;
section 25 (5) applies for the partly inconsistent proposed law as if the
inconsistent part were not part of it.
(5) If more than 1 proposed law is partly inconsistent with a law that may
be presented under subsection (2) (b)—
(a) subsection (4) applies first to the proposed law that has been
supported by the greatest or greater number of votes and then to any others in
succession; and
(b) a reference in subsection (4) (c) to a proposed law that
may be presented under subsection (4) is a reference to that proposed law after
the omission of the inconsistent part.
(6) Section 25 (5) does not apply for a partly inconsistent proposed law
unless that proposed law may be presented under subsection (2) (b) or
(4).
(7) If—
(a) 4 or more laws have been approved at a referendum; and
(b) subsection (1) applies; and
(c) there are 2 or more groups of inconsistent laws;
subsection (2) (b) and subsections (3), (4), (5) and (6) apply for each
group independently.
(8) For this section—
(a) proposed laws are taken to be inconsistent with each
other if they would be incapable of operating concurrently if both or all were
enacted; and
(b) a proposed law is taken to be partly inconsistent with
another proposed law if it contains a part that, if both proposed laws were
enacted, would be incapable of operating concurrently with the other law or any
part of it; and
(c) a proposed law is an independent proposed law if it is
not a proposed law mentioned in paragraph (a) or (b); and
(d) a reference to a group of inconsistent laws is a reference to a group
of proposed laws in which every law is inconsistent or partly inconsistent with
at least 1 other proposed law in the group.
A person commits an offence if the person intimidates or causes violence to
someone else for the purpose of inducing the other person to—
(a) sign; or
(b) refuse to sign;
an initiating request or a popular request.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
28 Misrepresenting
sponsoring committee
A person commits an offence if—
(a) the person, without reasonable excuse, publishes, or seeks someone
else’s signature to, a document that is represented to be, or be part of,
an initiating request or a popular request; and
(b) the document does not contain the name and address of each member of
the sponsoring committee.
Maximum penalty: 50 penalty units.
29 Misrepresenting
document etc
(1) A person commits an offence if the person falsely represents to
someone else that a document is, or is part of, an initiating request or a
popular request for the purpose of obtaining the other person’s signature
to the document.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if the person falsely represents to
someone else the nature or main objects of a legislative proposal for the
purpose of inducing the other person—
(a) to sign an initiating request; or
(b) to address a popular request to the electoral commissioner.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if the person falsely represents that a
legislative proposal, or a form of words that resembles a legislative proposal,
is an approved legislative proposal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part
6 Sponsoring
committees
(1) A member of a sponsoring committee ceases to be a member if the
member—
(a) resigns his or her membership by written notice given to the contact
officer; or
(b) ceases to be an elector.
(2) If the membership of a sponsoring committee changes because of the
death of a member or under subsection (1), the contact officer must, within 1
month after becoming aware of that fact, give the electoral commissioner written
notice of the change in the approved form.
Note If a form is approved under s 36 (Approved forms) for a notice
of change of membership, the form must be used.
(3) A contact officer must not, without reasonable excuse, fail to comply
with subsection (2).
Maximum penalty: 5 penalty units.
(4) A sponsoring committee that consists of no more than 9 members may
agree to admit 1 other elector to membership.
(5) If a sponsoring committee makes a decision under subsection (4),
its contact officer must give the electoral commissioner a notice that
contains—
(a) the name and address of the person who has agreed to be admitted to
the committee; and
(b) the person’s signature.
Note If a form is approved under s 36 (Approved forms) for a notice
of admission of member, the form must be used.
Maximum penalty: 5 penalty units.
(6) A person who has agreed to be admitted to the committee becomes a
member when notice is given under subsection (5).
Subject to this Act, a sponsoring committee may decide its own
procedures.
32 Cessation
of existence
(1) A sponsoring committee ceases to exist if—
(a) it resolves to dissolve itself; or
(b) it has only 1 member; or
(c) it has no members; or
(d) the approval of the initiating request for the relevant approved
legislative proposal is revoked.
(2) If a sponsoring committee ceases to exist under subsection (1)
(a), (b) or (c), the person who was the contact officer at the time of the
cessation must tell the electoral commissioner in writing of the cessation of
the existence of the committee within 1 month after the day of the
cessation.
Maximum penalty: 5 penalty units.
(1) A sponsoring committee must appoint 1 of the members of the committee
as contact officer.
(2) For this Act, it is presumed that action taken by the contact officer
for a sponsoring committee is taken with the authority of the
committee.
34 Vacancy
in office of contact officer
(1) A sponsoring committee may remove its contact officer from
office.
(2) The office of the contact officer is taken to be vacant if the contact
officer—
(a) is removed from office under subsection (1); or
(b) resigns from office; or
(c) ceases to be a member of the committee.
(3) If the office becomes vacant, the committee must, within 14 days after
the vacancy happens, appoint 1 of its members to fill it.
(4) If a sponsoring committee fails, without reasonable excuse, to comply
with subsection (3), each member of the committee commits an offence.
Maximum penalty: 2 penalty units.
(5) However, a member of a committee does not commit an offence against
subsection (4) if the member satisfies the court that the
member—
(a) made reasonable efforts to try to have the committee comply with
subsection (3); or
(b) had reasonable excuse for not taking part in the affairs of the
committee at the relevant time.
35 Notice
of contact officer’s appointment or change of address
(1) A person who is appointed to be the contact officer of a sponsoring
committee after a vacancy happens must, within 1 month after being appointed,
give the electoral commissioner a notice signed by a majority of the members of
the committee, advising—
(a) of the reason for the vacancy; and
(b) of the appointment to fill it.
Note If a form is approved under s 36 (Approved forms) for a notice
under this section, the form must be used.
Maximum penalty: 2 penalty units.
(2) A contact officer who changes his or her address must, within
1 month after the day of the change, tell the electoral commissioner in
writing of the change.
Maximum penalty: 2 penalty units.
(1) The electoral commissioner may, in writing, approve forms for this
Act.
(2) If the electoral commissioner approves a form for a particular
purpose, the approved form must be used for that purpose.
Note For other provisions about forms, see Legislation Act
2001, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
37 Substantial
compliance with some time requirements sufficient
If, under this Act, the Speaker or the Chief Minister is required to do a
thing on a particular day, and it is impracticable to do it on that day, the
requirement is taken to be satisfied if the thing is done as soon as
practicable.
The Electoral Act, part 15 (Review of decisions) applies to the following
decisions as if the decision were a reviewable decision for that Act:
(a) a decision to refuse to accept a document under section 5 (3)
(Establishment of sponsoring committee);
(b) a decision not to approve an initiating request under section
8;
(c) a decision to revoke the approval of an initiating request for a
legislative proposal under section 11 (7) (Requirements of popular request) or
section 12 (1) (Revocation of approval on cessation of committee).
39 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
(2) The regulations must make provision about the conduct of a referendum
for this Act.
(3) Without limiting subsection (2), the regulations may apply (with or
without change) a provision of the Electoral Act or the Machinery Provisions Act
to the conduct of a referendum.
(4) The regulations may also prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than 10 penalty units
for offences against the regulations
(see s 3)
Note 1 The Legislation Act 2001 contains definitions and
other provisions that are relevant to this Act.
Note 2 In particular, the Legislation Act 2001, dict, pt 1
defines the following terms:
• auditor general
• electoral commissioner
• exercise
• function
• Speaker
Note 3 A definition applies except so far as the contrary intention
appears (see Legislation Act 2001).
approved form means a form approved by the electoral
commissioner under section 36 (Approved forms).
approved legislative proposal means a legislative proposal
described in an initiating request that—
(a) has been approved under section 8 (Approval of initiating request);
and
(b) has not been revoked under section 11 (7) (Requirements of popular
request) or section 12 (1) (Revocation of approval on cessation of
committee).
community consultation day means—
(a) a day when a general election of members of the Legislative Assembly
is held; or
(b) a special community consultation day;
and, if polling is suspended and resumed, includes a day when polling is
resumed.
contact officer, for a sponsoring committee, means the person
named in the last notice given to the electoral commissioner under
section 5 (Establishment of sponsoring committee) or section 35 (Notice of
contact officer’s appointment or change of address)
Court of Disputed Elections—see Electoral Act,
dictionary.
election—see Electoral Act, dictionary.
elector—see Electoral Act, dictionary.
Electoral Act means the Electoral Act 1992.
establishment notice—see section 5 (2)
(Establishment of sponsoring committee).
initiating request—see section 7 (Initiating
request).
legislative proposal means a proposal for a Territory law for
any matter for which the Assembly has power to make laws, other than a
law—
(a) to appropriate public money; or
(b) to provide that—
(i) a stated amount of public money; or
(ii) not more than a stated amount of public money; or
(iii) a stated proportion of an amount of public money; or
(iv) not less than a stated proportion of an amount of public
money;
is to be spent for a specified purpose or program; or
(c) that prohibits the expenditure of any public money for a stated
purpose or program.
Machinery Provisions Act means the Referendum (Machinery
Provisions) Act 1994.
notice of approval—see section 8 (2) (Approval of
initiating request).
popular request—see section 9 (Form of popular
request).
public money means public money of the Territory.
qualified legislative proposal means a proposal that is
determined to be a qualified legislative proposal under section 11 (3)
(Requirements of popular request).
qualified proposed law—see section 20 (6) (Special
community consultation days).
referendum—see the Machinery Provisions Act, section 3
(1).
referendum ballot paper—see the Machinery Provisions
Act, section 3 (1).
review statement—see the Electoral Act,
dictionary.
special community consultation day means a day that is a
special community consultation day under section 20 (Special community
consultation days).
Endnote
Penalty units
The Legislation Act 2001, s 133 deals with the meaning of offence
penalties that are expressed in penalty units.
© Australian Capital Territory
2002
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