Northern Territory Consolidated Acts

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ELECTORAL ACT - SECT 3

Definitions

In this Act:

affected person has the meaning in section 225.

"amount", for Part 10, has the meaning in section 176.

appealable decision has the meaning in section 225.

appeal details has the meaning in section 227.

appointed member has the meaning in section 336(1).

"approved form" means a form approved under section 318.

"associated entity", for Part 10, has the meaning in section 176.

"Augmented Redistribution Committee" means the Augmented Redistribution Committee established by section 334.

"authorised officer" means an officer authorised by the Commission for the provision in which the expression occurs.

"authorised witness" means:

        (a)     in Australia or an external Territory – an officer or person enrolled on a roll kept under the Commonwealth Act; or

        (b)     in another place – a person who is at least 18 years old.

available for public inspection has the meaning in section 6.

"ballot paper" includes a declaration ballot paper.

"broadcast", for Part 10, has the meaning in section 176.

"broadcaster", for Part 10, has the meaning in section 176.

candidate square has the meaning in section 40(2)(c).

"certified list of voters", for an election, means a list of electors prepared and certified under section 44 for the election.

"closed", for a roll, means closed in accordance with section 8.

"commencement date", for Part 18, has the meaning in section 348.

"Commission" means the Northern Territory Electoral Commission established by section 307.

"Commissioner" means the person holding office as the Electoral Commissioner under an appointment under section 314.

"Commission's office" means the Commission's office in Darwin.

"Commonwealth Act" means the Commonwealth Electoral Act 1918 (Cth).

"campaign material", see section 268A.

"corporation", for Part 10, has the meaning in section 176.

"Court of Disputed Returns" means the Court of Disputed Returns established by section 232.

"credit card", for Part 10, has the meaning in section 176.

declaration ballot paper for:

        (a)     Part 6, Division 3, Subdivision 1 – has the meaning in section 54(1); or

        (b)     Part 6, Division 3, Subdivision 2 – has the meaning in section 56(1) or (2); or

        (c)     Part 6, Division 4 – has the meaning in section 62(1)(b); or

        (d)     Part 6, Division 5 – has the meaning in section 71(2) or 73(2); or

        (e)     other provisions – means a declaration ballot paper mentioned in paragraph (a), (b), (c) or (d).

"declaration envelope" means the envelope in which a declaration ballot paper is placed under section 55(2)(c), 57(2)(c), 72(2)(b) or 74(2)(c).

"declaration vote" means a vote cast under Part 6, Division 3, 4 or 5.

"declaration voting papers" means:

        (a)     a declaration ballot paper issued under section 54(1), 56(1), 56(2), 71(2) or 73(2); and

        (b)     a declaration envelope; and

        (c)     for a declaration ballot paper issued under section 56(1), 56(2) or 73(2) – a declaration under section 56(1)(c), 56(2)(c) or 73(1)(e).

"defined details", for Part 10, Division 3, has the meaning in section 189.

"defined particulars", for Part 10, Division 5, has the meaning in section 204.

"disclosure period", for Part 10, has the meaning in section 182.

"disposition of property", for Part 10, has the meaning in section 176.

"distribute", for Part 13, Division 1, Subdivision 2, has the meaning in section 268.

"division" means an electoral division for the election for an MLA.

election has the meaning in section 4(1).

"election period", for an election, means the period:

        (a)     starting on the date the writ for the election is issued; and

        (b)     ending on the date the writ is returned.

"elector" means a person whose name is on a roll.

"electoral advertisement "means an advertisement containing electoral matter (including an advertisement on an electronic billboard, digital road sign or any other similar device), whether or not consideration was given for its publication.

"electoral expenditure", for Part 10, Division 4, has the meaning in section 199.

electoral matter has the meaning in section 7.

"electoral paper" means a document provided for or required under this Act.

"eligible political party" means a political party that:

        (a)     is registered under the Commonwealth Act; or

        (b)     is established on the basis of a written constitution (however described) that states the party's aims and has at least 200 members who are:

            (i)     electors; and

            (ii)     members under the party's constitution; and

            (iii)     not members of a registered party or another political party applying for registration.

"enrolled", for a person, means the person's name is on a roll.

"enrolled division", for an elector, means the division for which the person is enrolled.

"entity", for Part 10, has the meaning in section 176.

"executive officer", of a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, (whether or not the person is a director or the person's position is given the name of executive officer), and includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory.

"external Territory", of Australia, has the meaning in the Acts Interpretation Act 1901 (Cth).

"extract" means an extract from a roll prepared under section 12.

"extraordinary general election", see section 23(4).

"fails", for an election, has the meaning in section 135.

"false or misleading" includes false or misleading because of the omission of a statement.

"financial controller", for Part 10, has the meaning in section 176.

"formal", for a ballot paper, means the ballot paper is not informal, spoilt or been discarded.

"former division", for Part 18, has the meaning in section 350.

general election has the meaning in section 4(3).

"gift", for Part 10, has the meaning in section 176.

"how-to-vote card", see section 51A(1).

"informal", for a ballot paper, has the meaning in section 94.

information notice has the meaning in section 226.

infringement notice has the meaning in section 300.

"infringement offence" means an offence against:

        (a)     section 279(1); or

        (b)     another provision of this Act prescribed by the Regulations.

"investigation notice", for Part 10, Division 6, has the meaning in section 214.

"journal" means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.

"loan", for Part 10, has the meaning in section 176.

"Master" means the Master of the Supreme Court.

"MLA" means a member of the Legislative Assembly.

"mobile polling period", for an election, means the period starting on the day that is 9 days after the date of the issue of the writ for the election and ending at 6 pm on polling day for the election.

"mobile polling place "means a mobile polling place declared under section 78(1), and includes a substituted place under section 81.

"new division", for Part 18, has the meaning in section 350.

"newspaper", for Part 13, Division 1, Subdivision 2, has the meaning in section 268.

"nomination" means a nomination as a candidate for an election made under Part 5, Division 3.

"nomination day" means the date fixed by the writ for an election or general election as the date for the nomination of candidates.

nomination deposit has the meaning in section 32(1)(g).

"nominee" means a person nominated under Part 5, Division 3 as a candidate for an election.

"officer" means an officer appointed under section 330.

"ordinary vote" means a vote other than a declaration vote.

"participant", for Part 10, Division 4, has the meaning in section 199.

"party candidate" means:

        (a)     a candidate at an election nominated by the registered officer of a registered party; or

        (b)     in relation to a registered party – a candidate nominated by the registered officer of the party.

"party's name", for a registered party, means the name under which the party is registered.

"political party" means an organisation (whether incorporated or unincorporated) an object or activity of which is the promotion of the election to the Legislative Assembly of a candidate or candidates endorsed by it.

"polling hours" means:

        (a)     for a polling place other than a pre-election voting centre or mobile polling place – from 8 am until 6 pm on polling day; or

        (b)     for a pre-poll voting centre – the hours decided under section 69(1)(b) for voting at pre-election voting centres; or

        (c)     for a mobile polling place – the hours specified in a declaration under section 78 for the mobile polling place, and includes the hours as changed under section 81(1).

"polling day" means the date fixed by a writ as polling day for an election or general election, and includes a day to which polling is adjourned under section 91.

"polling place" means:

        (a)     a polling place appointed under section 42(1)(b), and includes:

            (i)     the area adjacent to a polling place designated by a notice erected by the officer in charge of the polling place during the period the notice is displayed; and

            (ii)     the area designated by a notice erected by an authorised officer at a mobile polling place during the period the notice is displayed; or

        (b)     a pre-election voting centre.

"Postal Ballot Box" means the ballot box mentioned in section 111(3).

"postal ballot paper" means a declaration ballot paper issued under section 62.

"postal vote" means a declaration vote for which postal voting papers are issued under section 62.

"postal vote certificate" means the certificate issued under section 62(1)(a).

"postal voting papers" means a postal vote certificate and postal ballot paper.

"pre-election voting centre" means a place decided under section 42(1)(a) for declaration voting under Part 6, Division 5.

"prescribed amount", for an infringement offence, means the amount prescribed by the Regulations for the offence.

"property", for Part 10, has the meaning in section 176.

public notice has the meaning in section 5.

"publish" includes publish or broadcast by radio, television, Internet, telephone or other means.

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"redistribution" means a redistribution of the Territory into divisions under Part 8.

"Redistribution Committee" means the Redistribution Committee established by section 331.

redistribution declaration notice has the meaning in section 147(1).

"region" means a region declared under section 69.

"registered industrial organisation", for Part 10, has the meaning in section 176.

"registered officer", of a registered party, means the person shown in the register of registered parties as the party's registered officer.

"registered party" means a political party registered under Part 9.

"registered postal voter" means a person whose name is included in the register of postal voters.

"register of postal voters" means register of postal voters kept under section 58.

"register of registered parties" means the register of registered parties kept under section 167.

"register of reporting agents" means the register of reporting agents kept under section 186.

"Regulations" means the Regulations made under this Act.

"related bodies corporate", for Part 10, has the meaning in section 176.

"repealed Act", for Part 18, has the meaning in section 348.

"reporting agent", for Part 10, has the meaning in section 176.

"return", for Part 10, Division 6, has the meaning in section 214.

"roll" means a roll of electors under this Act.

"scrutineer" means a person appointed under section 46 to represent a candidate.

"scrutiny centre" means a place decided under section 42(1)(c) for the conduct of scrutiny for an election under Part 7.

"Self-Government Act" means the Northern Territory (Self-Government) Act 1978 (Cth).

"sitting day", for the Legislative Assembly, means a day on which the Assembly actually sits.

"suppressed", for a person's address, means the person's address is not included in a roll extract under section 12(3).

"this Act" includes the Regulations made under this Act.

"voter's question", for Part 6, has the meaning in section 51.

"writ" means a writ for an election or general election issued under section 27.



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