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Australian Capital Territory (Electoral) Amendment Act 1991

No. 67 of 1991

An Act to amend the Australian Capital Territory (Electoral) Act 1988, and for related purposes

[Assented to 25 June 1991]

  The Parliament of Australia enacts:

Short title etc.

1. (1) This Act may be cited as the Australian Capital Territory (Electoral) Amendment Act 1991.

(2) In this Act, "Principal Act" means the Australian Capital Territory (Electoral) Act 19881.

Commencement

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

Heading to Part 1

3. Before section 1 of the Principal Act the following heading is inserted:

"PART 1—PRELIMINARY".

Heading to Part 2

4. After section 7 of the Principal Act the following heading is inserted:

"PART 2—ELECTIONS".

Registration of political parties

5. Subsection 13 (2) of the Principal Act is amended by omitting "political party" and substituting "eligible political party within the meaning of Part XI of the Electoral Act".

Application of Commonwealth Electoral Act

  6. Section 16 of the Principal Act is amended:

    (a)     by inserting in subsection (2) "and Schedules 2 and 3" after "(inclusive)";

  (b)    by omitting paragraph (2) (a);

  (c)     by adding at the end of paragraph (6) (b) "and";

  (d)    by omitting from paragraph (6) (c) "; and";

  (e)     by omitting paragraph (6) (d).

Voting at general elections

7. Section 18 of the Principal Act is amended by adding at the end the following subsections:

"(2) Paragraph (1) (a) does not prevent the making of special provisions exempting certain persons who are in Antarctica or overseas from the compulsory voting requirement.

Note: See section 245 of the Electoral Act.

"(3) Paragraph (1) (b) does not prevent the making of special provisions for persons who are so sight impaired or physically incapacitated or illiterate that they cannot vote without assistance.

Note: See section 234 of the Electoral Act.".

Counting votes: transfer of preferences of provisionally unsuccessful candidates etc.

  8. Section 21 of the Principal Act is amended:

   (a)     by omitting paragraph (1) (a);

   (b)    by omitting subsection (2).

Heading to Part 3

9. After section 25 of the Principal Act the following heading is inserted:

"PART 3—MISCELLANEOUS".

Regulations

10. Section 28 of the Principal Act is amended by adding at the end the following section:

"(4) The regulations may amend, omit or add to the modifications of the Commonwealth Electoral Act 1918 set out in Schedule 1.".

11. After section 29 of the Principal Act the following Part is inserted:

 "PART 4—REFERENDUM TO CHOOSE ELECTORAL SYSTEM

Definitions

  "30. In this Part, unless the contrary intention appears:

'declaration vote' means any of the following:

  (a)     a postal vote;

  (b)     a pre-poll vote;

  (c)     an absent vote;

  (d)     a provisional vote;

'election ballot