Document ID: chunk:federal_register_of_legislation:C2004A04412:body:0:p4
Version: federal_register_of_legislation:C2004A04412
Segment Type: other
Provision Reference: 
Character Range: 7520–10408

the following subsection:

"(2) In this section:

'State' includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory; and

(c) Norfolk Island.".

Consequential amendment

16. Section 9 of the Australian Capital Territory (Electoral) Act 1988 is amended by adding at the end the following subsection:

"(3) If the Roll for the Territory is annotated under section 95AC of the Commonwealth Electoral Act 1918 to indicate that a person is enrolled under section 95AA of that Act, then:

    (a) for the purposes of this Act, the person's name is taken not to be on the Roll (including the Rolls for Divisions and Subdivisions forming that Roll); and

    (b) a copy of the Roll provided, or a habitation index prepared, under section 24 of this Act must not contain the person's name or any other information about that person.".

PART 3—AMENDMENT OF THE REFERENDUM (MACHINERY PROVISIONS) ACT 1984

Principal Act

17. In this Part, "Principal Act" means the Referendum (Machinery Provisions) Act 19842.

Reason for Part

18. This Part is enacted because subsection 95AA(3) of the Commonwealth Electoral Act 1918 allows the representation of Norfolk Island in both Houses of the Parliament so that, in section 128 of the Constitution (mode of altering the Constitution), "Territory" includes Norfolk Island.

Interpretation

19. Section 3 of the Principal Act is amended:

    (a) by omitting from subsection (1) the definition of "Australia" and substituting the following definition:

" 'Australia' includes:

(a) Norfolk Island; and

(b) the Territory of Cocos (Keeling) Islands; and

(c) the Territory of Christmas Island;";

    (b) by omitting subsection (3) and substituting the following subsection:

"(3) This Act extends to:

(a) Norfolk Island; and

(b) the Territory of Cocos (Keeling) Islands; and

(c) the Territory of Christmas Island.".

Application to Crown

20. Section 3B of the Principal Act is amended by omitting "and of the Northern Territory" and substituting ", of the Australian Capital Territory, of the Northern Territory and of Norfolk Island".

21. After section 98 of the Principal Act the following section is inserted:

Norfolk Islanders

"98A. For the purposes of sections 97 and 98, if a person is on the Roll for a Territory because of subsection 95AA(3) of the Commonwealth Electoral Act 1918, his or her vote or ballot paper is taken to be in relation to that Territory.".

PART 4—AMENDMENT OF THE NORFOLK ISLAND ACT 1979

Principal Act

22. In this Part, "Principal Act" means the Norfolk Island Act 19793.

Salaries and travelling allowances

23. Section 56 of the Principal Act is amended by omitting from subsection (2) "travelling expenses" and substituting "travelling allowances".

Validation

24. Payments made before 25 July 1991 that purported to be payments under subsection 56(2) of the Principal Act of travelling