Australian Capital Territory Numbered Acts

ELECTORAL ACT 1992 (NO 71 OF 1992)

TABLE OF PROVISIONS

           Long Title

   1.      On 15 February 1992 a referendum was held to enable the electors of the Territory to choose which of 2 voting systems is to be used at future elections for the Legislative Assembly.  
   2.      The electors chose the proportional representation (Hare-Clark) system as outlined in the Referendum Options Description Sheet set out in Schedule 3 to the Australian Capital Territory (Electoral) Act 1988 of the Commonwealth.  
   3.      The electoral system chosen by the electors includes the system of rotation of the positions of candidates' names on ballot papers known as the Robson Rotation.  
   4.      The Legislative Assembly wishes to enact legislation to implement the electoral system chosen by the electors as soon as it is convenient to do so.  
   5.      To facilitate the implementation of that electoral system, the Legislative Assembly wishes to enact legislation to establish the offices and procedures necessary to enable the Territory to be divided into electorates.  

   PART I--PRELIMINARY SHORT TITLE

   PART II--AUSTRALIAN CAPITAL TERRITORY ELECTORAL COMMISSION

   7.      In addition to any other functions that the Electoral Commission has under this Act, the Electoral Commission shall consider, and report to the Chief Minister on, electoral matters referred to it by the Chief Minister and such other electoral matters as it thinks fit.  
   8.      The Electoral Commission may do all things necessary or convenient to be done in connection with the performance of its functions.  
   9.      The Electoral Commission shall, after each 30 June, furnish to the Chief Minister for presentation to the Legislative Assembly a report relating to the activities of the Commission during the year ending on that date.  
   10.     In this Division—“member” means a member referred to in paragraph 6 (1) (a) or (c).  
   14.     The Chief Minister may grant a member leave of absence on such terms and conditions as to remuneration and otherwise as the Chief Minister determines.  

   PART III--ELECTORAL COMMISSIONER APPOINTMENT

   20.     (1) The Executive may, by instrument, appoint a person to be the Electoral Commissioner.  
   21.     In addition to the functions and powers conferred by this Act, the Electoral Commissioner shall have such other functions and powers as are conferred on him or her by or under any other law of the Territory.  
   22.     (1) The Electoral Commissioner holds office for the period (not exceeding 5 years) specified in the instrument of appointment.  
   24.     The Chief Minister may grant the Electoral Commissioner leave of absence on such terms and conditions as to remuneration and otherwise as the Chief Minister determines.  

   PART IV--ELECTORATES MULTI-MEMBER ELECTORATES

   30.     In making a redistribution of electorates, the augmented Commission shall—  
   31.     (1) The first redistribution of electorates shall be made as soon as practicable after this Part commences.  
   35.     Before making a proposed redistribution of electorates, a Redistribution Committee may cause an outline of its proposal to be made available to members of the public.  
   38.     A Redistribution Committee is dissolved immediately after the notices referred to in paragraphs 37 (1) (c) and (d) have been published in relation to the Committee's proposal.  
   39.     An objection against a proposal by a Redistribution Committee shall be—  
   40.     (1) For the purposes of each redistribution, an augmented Commission is established.  
   41.     (1) The Chairperson of the Electoral Commission may convene a meeting of an augmented Commission.  
   43.     The augmented Commission shall make a proposed redistribution of electorates after completing any investigation required by section 42.  
   47.     The Chief Minister shall cause a copy of the augmented Commission's report to be presented to the Legislative Assembly on the first sitting day after the day on which the Chief Minister receives the report from the augmented Commission.  

   PART V--MISCELLANEOUS HEAD OF ADMINISTRATION TO PROVIDE ASSISTANCE ETC.

   48.     The Head of Administration shall comply with any request by the Electoral Commission, the Electoral Commissioner or an augmented Commission for information or assistance reasonably required for the purposes of this Act.  
   50.     A failure to comply with the provisions of Part IV (except section 28, 29 or 30) is not to be taken to affect the validity of a decision of an augmented Commission or a Redistribution Committee.  
   51.     A person shall not improperly influence a member of the Electoral Commission, an augmented Commission or a Redistribution Committee.  
   52.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—  
   53.     Schedule 1 to the Administrative Decisions (Judicial Review) Act 1989 is amended by adding at the end the following: