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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTORAL AMENDMENT BILL 2008
Serial 21
Electoral
Amendment Bill 2008
Mr
Henderson
A Bill for an Act to amend the
Electoral Act
NORTHERN TERRITORY OF
AUSTRALIA
ELECTORAL AMENDMENT ACT
2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to amend the Electoral
Act
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Electoral
Amendment Act 2008.
This Act amends the Electoral
Act.
Amendment of section 3
(Definitions)
(1) Section 3
omit
In this Act, unless the contrary intention appears
–
substitute
In this Act:
(2) Section 3, definitions minimum
term and pre-polling period
omit
Repeal and substitution of section
23
Section 23
repeal, substitute
23 Determining date
for holding general election other than extraordinary general
election
(1) For determining the
date for a general election if the previous general election was not an
extraordinary general election, the general election is to be held on the 4th
Saturday in August in the 4th year after the year in which the previous general
election was held.
(2) For determining the date for a general election
if the previous general election was an extraordinary general election, the
general election is to be held on the 4th Saturday in August in the 3rd year
after the year in which that extraordinary general election was
held.
(3) Subsections (1) and (2) are subject to a writ
being issued for an extraordinary general election before a writ for a general
election is issued for a date determined under either
subsection.
(4) In this section:
determining the date of a general
election means determining the date of a general election under section
17 of the Self Government Act.
extraordinary general election means a
general election for which the writ is issued under section 24 or
25.
previous general election, in relation
to determining the date for a general election, means the immediately preceding
general election, including a general election before the commencement of this
definition.
Amendment of section 24 (Extraordinary general
election – motion of no confidence)
Section 24(1)
omit
before the end of the minimum term
substitute
at any time
Amendment of section 25 (Extraordinary general
election – non-passing of appropriation Bill)
Section 25(1)
omit
before the end of the minimum term
substitute
at any time
Amendment of section 26 (Criteria for deciding
whether to issue writs)
Section 26
omit
this Division
substitute
section 24 or 25
After section 26, in Part 5, Division
1
insert
26A Determining
alternative date if Commonwealth election
(1) This section applies in relation to a date (the
nominal date) that, under section 23 is, or would be, determined
as the date for a general election.
(2) If the nominal date is or becomes the date for
an election mentioned in section 394 of the Commonwealth Electoral Act
1918 (Cth), section 23 does not prevent:
(a) an amendment of a previous determination of the
nominal date to another date (an alternative date) for the general
election; or
(b) the determination of another date (also an
alternative date) for the general election.
(3) Subject to section 17(2) of the Self Government
Act, the alternative date must be a Saturday that is within 2 months before or
after the nominal date.
Amendment of section 28 (Limitation of
dates)
(1) Section 28(a)
omit
6
substitute
4
(2) Section 28(b)
omit
18
substitute
19
Amendment of section 62 (Issue of postal
voting papers)
(1) Section 62(2)
omit
all the words after "to the
applicant"
substitute
before the determination under section 41 for the
election.
(2) After section 62(2)
insert
(2A) The authorised officer must send postal voting
papers:
(a) if a properly completed application was received
before the determination – as soon as practicable after the determination;
or
(b) if a properly completed application is received
after the determination and subsection (3) does not apply – as soon as
practicable after receiving the application.
(3) Section 62(3)
omit
In addition, an
substitute
An
Amendment of section 68 (Application of
Division)
Section 68
omit
during the pre-polling period
substitute
before the polling day
Amendment of section 69 (Arrangement for
voting)
(1) Section 69(1)(b)
omit, substitute
(b) decide the period during which, and the days and
hours when, voting before polling day may take place at pre-election voting
centres.
(2) After section 69(2)
insert
(3) The period decided under subsection (1)(b) must
not start until after the determination under section 41 for the
election.
Amendment of section 70 (Public notice of
arrangements)
Section 70(2)
omit
days and hours of polling during the pre-polling
period for voting
substitute
period during which, and the days and hours when,
voting before polling day may take place
Amendment of section 134 (Extension of
time)
(1) Section 134(1)
omit
a difficulty may arise in
substitute
there is a difficulty relating to
(2) After section 134(2)
insert
(3) This section applies despite anything to the
contrary in section 23 or 26A but otherwise is subject to section 17(2) of the
Self Government Act.
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