Australian Capital Territory Electoral Legislation Amendment Act 1994

No. 165 of 1994

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

[Assented to 16 December 1994]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Australian Capital Territory Electoral Legislation Amendment Act 1994.

Commencement

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

Repeal of the Australian Capital Territory (Electoral) Act 1988

Repeal

3.(1) The Australian Capital Territory (Electoral) Act 1988 is repealed.

Savings

(2) Despite the repeal of the Australian Capital Territory (Electoral) Act 1988, Division 2 of Part XXII of the modified Commonwealth Electoral Act continues to apply, in relation to a person in his or her capacity as:

(a) a person elected, or purportedly elected, under the modified Commonwealth Electoral Act; or

(b) a person who filled, or purportedly filled, a casual vacancy under subsection 68(2) of the Australian Capital Territory (Self-Government) Act 1988;

as if that repeal had not happened.

Definitions

(3) In this section:

"casual vacancy" has the same meaning as in the Australian Capital Territory (Self-Government) Act 1988;

"modified Commonwealth Electoral Act" means the Commonwealth Electoral Act 1918, as applied by section 16 of the Australian Capital Territory (Electoral) Act 1988.

Validity of the Electoral Act 1992 of the Australian Capital Territory

Validity

4.(1) The Electoral Act 1992 of the Australian Capital Territory is not, and is taken never to have been, invalid, in whole or in part, on the ground of inconsistency with the Australian Capital Territory (Electoral) Act 1988.

Casual vacancy filled under the Australian Capital Territory (Self-Government) Act 1988

(2) Division 4 of Part XVI of the Electoral Act 1992 of the Australian Capital Territory has no effect to the extent (if any) to which it applies to a person in his or her capacity as a person who filled, or purportedly filled, a casual vacancy under subsection 68(2) of the Australian Capital Territory (Self-Government) Act 1988.

Definition

(3) In this section:

"casual vacancy" has the same meaning as in the Australian Capital Territory (Self-Government) Act 1988.

Schedule

5. The Act specified in the Schedule is amended as set out in the Schedule.

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 SCHEDULE Section 5

AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY
(SELF-GOVERNMENT) ACT 1988

1. Subsection 48(1):

Omit "subsection 10(7) of the Australian Capital Territory (Electoral) Act 1988", substitute subsection 100(3) of the Electoral Act 1992 of the Australian Capital Territory".

2. Subsection 6 (2):

Omit the subsection.

3. Subsection 67C(2):

Omit the subsection, substitute:

"(2) A person's name is taken not to be on the Roll for the purposes of paragraph (1)(a) if an electoral enactment so provides.".

4. Subsection 68(1) (definition of "registered party"):

Omit all the words after "by", substitute "subsection (9).".

5. Section 68:

Add at the end:

"(9) A party is taken to be, or to have been, a registered party at a particular time if:

(a) if the time is before 25 August 1994—at that time, the party was a registered party within the meaning of the Australian Capital Territory (Electoral) Act 1988 as in force at that time; or

(b) if the time is on or after 25 August 1994—at that time, the party is or was a registered party within the meaning of the Electoral Act 1992 of the Australian Capital Territory.".

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[Minister's second reading speech made in—

Senate on 12 October 1994

House of Representatives on 7 December 1994]