Commonwealth Numbered Acts

COMMONWEALTH ELECTORAL AMENDMENT ACT 1987 No. 35 of 1987 - SECT 3

3. Section 4 of the Principal Act is amended:
(a) by inserting after the definition of "Controller-General of Prisons" in
subsection (1) the following definition:

" 'declaration vote' means:

   (a)  a postal vote;

   (b)  an absent vote; or

   (c)  a vote cast under section 192, 235, 236 or 237;";

   (b)  by inserting after the definition of "Electoral Commissioner" in
        subsection (1) the following definition:

" 'electoral matter' means matter which is intended or likely to affect voting
in an election;";

   (c)  by inserting after the definition of "Polling place" in subsection (1)
        the following definition:

" 'real place of living' includes the place of living to which a person, when
temporarily living elsewhere, has a fixed intention of returning for the
purpose of continuing to live at that place;";

   (d)  by omitting from subsection (1) the definition of "Registered
        officer"; and

   (e)  by adding at the end the following subsections:

"(7) In relation to a Senate election, a provision of this Act that:

   (a)  provides for the giving of a document to; or

   (b)  confers a power or function on;
the Australian Electoral Officer shall be taken to refer to the Australian
Electoral Officer for the State or Territory in which the election is to be
conducted.

"(8) In relation to an election of a member of the House of Representatives
for a Division, a provision of this Act that:

   (a)  provides for the giving of a document to; or

   (b)  confers a power or function on;
the Divisional Returning Officer shall be taken to refer to the Divisional
Returning Officer for that Division.

"(9) Without limiting the generality of the definition of 'electoral matter'
in subsection (1), matter shall be taken to be intended or likely to affect
voting in an election if it contains an express or implicit reference to, or
comment on:

   (a)  the election;

   (b)  the Government, the Opposition, a previous Government or a previous
        Opposition;

   (c)  the Government or Opposition, or a previous Government or Opposition,
        of a State or Territory;

   (d)  a member or former member of the Parliament of the Commonwealth or a
        State or of the legislature of a Territory;

   (e)  a political party, a branch or division of a political party or a
        candidate or group of candidates in the election; or

   (f)  an issue submitted to, or otherwise before, the electors in connection
        with the election.".