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Norfolk Island (Electoral and Judicial) Amendment Act 1992

No. 121 of 1992

An Act to enable certain residents of Norfolk Island to vote in Parliamentary elections, and for other purposes

[Assented to 17 October 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Norfolk Island (Electoral and Judicial) Amendment Act 1992.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PART 2—AMENDMENT OF THE COMMONWEALTH ELECTORAL ACT 1918 AND A RELATED ACT

Principal Act

3. In this Part, "Principal Act" means the Commonwealth Electoral Act 19181.

Interpretation

4. Section 4 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 (6) and substituting the following subsection:

"(6) This Act extends to:

(a) Norfolk Island; and

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

(c) the Territory of Christmas Island.".

Act to bind Crown

5. Section 4B 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".

Interpretation

6. Section 45 of the Principal Act is amended by adding at the end the following subsection:

"(2) For the avoidance of doubt, a resident of Norfolk Island who is one of the people of a State for the purposes of sections 7 and 24 of the Constitution is not one of the people of Norfolk Island for the purposes of subsection (1).".

Ascertainment of numbers of people of Commonwealth, States and Territories

7. Section 46 of the Principal Act is amended by adding at the end the following subsection:

"(2) People on the Roll of electors for a Territory because of subsection 95AA(3) are people of that Territory for the purposes of subsection (1) of this section.".

Choice of member for Territory

8. Section 51 of the Principal Act is amended by omitting "A" and substituting "Subject to subsection 95AA(3), a".

Enrolled voters leaving Australia

9. Section 94 of the Principal Act is amended by adding at the end the following subsection:

"(16) In this section:

'Australia' does not include Norfolk Island.".

Eligibility of spouse or child of eligible overseas elector

10. Section 95 of the Principal Act is amended by inserting in subsection (17) the following definition:

" 'Australia' does not include Norfolk Island;".

11. After section 95 of the Principal Act the following sections are inserted:

Norfolk Island electors

"95AA.(1) In this section:

'exclusive Territory' means an internal Territory that