Northern Territory Explanatory Statements

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ELECTORAL AMENDMENT BILL 2008

The Bill provides for fixed four year terms and amends the procedures for postal and pre-poll voting.

NOTES ON CLAUSES

Clause 1. Short Title

Notes that the Act will be called the Electoral Amendment Act 2008.

Clause 2. Act amended

Notes that the Act amends the Electoral Act.

Clause 3. Definitions

Updates the section in accordance with current drafting practice and omits the definition of a term that is no longer required and the one that is now dealt with in the body of the legislation.

Clause 4. Determining date for holding general elections

Sets out the formula for determining the date for future general elections in the normal course of events; and

Sets out the formula for determining the date for future general elections following extraordinary general elections.

Clause 5. Extraordinary general election – motion of no confidence

Provides that the Administrator can issue a writ for a general election at any time if a motion of no confidence has been passed by the Legislative Assembly in the terms of S.24 of the Electoral Act. The current Act only provides for this to occur in the first three years following the sitting of a new Parliament. This is to accommodate the fact that under the existing Act a general election could not be held within the first three years of a new Parliament. If fixed terms are introduced, the time when extraordinary general elections can be held, needs to be expanded.

Clause 6. Extraordinary general election – non-passing of appropriation Bill

As in clause 5, if fixed terms are introduced, the time when extraordinary elections can be held because of the non passage of an appropriation Bill, needs to be expanded for the full term of the Parliament.

Clause 7. Criteria for deciding whether to issue writs

Makes a minor technical amendment to that Section of the Act which sets out the criteria the Administrator must consider when deciding whether to issue a writ. The amendment clarifies that the criteria mentioned apply to extraordinary general elections, not regular scheduled ones.

Clause 8. Determining alternative date if Commonwealth election

Provides a mechanism for the Administrator to choose another Territory election date if a Commonwealth election clashes with the scheduled Territory election date. The alternative date must be on a Saturday and must be within two months of the nominal date.

Clause 9. Election period tenants and owners

These provisions extend the election period by one day, so that it is now the day of writ plus 19 days. Because the period has been extended by a day, writs will now be issued on a Monday rather than Tuesday as has occurred in the past. Consequently it has been necessary to change the day for close of nominations to 4 days after the date of the writ, which will be a Friday, rather than 6 days as currently provided since 6 days after the writ would fall on a Sunday.

Clause 10. Issue of postal voting papers

Removes current provision which says that postal votes can’t be dispatched earlier than 9 days after the writ and replaces it by providing that an authorised officer cannot send out postal voting papers until after the determination for positions on the ballot paper has taken place, and must send them out as soon as practicable after that time.

Clause 11. Application of pre-polling Division

Removes the term ‘pre-polling period’ in so far as it relates to pre-poll voting. In the existing Act this period is defined as the period starting thirteen days after the writ and ending 6pm the day before polling day.

Clause 12. Arrangements for pre-poll voting

Replaces the provision that the Electoral Commission may decide when pre-poll votes may be cast within the restricted ‘pre-polling period’, with a provision that the Commission’s discretion for setting the period commences after the determination of positions on the ballot paper has taken place.

Clause 13. Public notice of pre-poll arrangements

Replaces the requirement that the Electoral Commission must give notice of pre-polling days and hours within the ‘pre-polling period’ with a requirement to give notice of when voting can take place before polling day.

Clause 14. Extension of time

The existing Act provides that the Administrator may extend the time for an election if he/she is satisfied that a difficulty may arise in holding it. Examples could be a natural disaster or extreme weather conditions that prevent significant numbers attending polling places. The phrase ‘a difficulty may arise’ does not sit well with the fact that the Administrator can make the extension within fifteen days before or after polling day. To deal with the possible problem of ‘tense’ the phrase has been replaced with ‘there is a difficulty relating to’. The amendment does not change the effect of the provision. A reminder has also been added to note that the Self-Government Act provides a maximum term for the Legislative Assembly, and an extension under this provision should not exceed that maximum.

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