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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTORAL AMENDMENT
BILL 1995
Queensland
ELECTORAL AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 2A--How-to vote-cards
91A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
91B Provisional approval of sample how-to-vote cards . . . . . . . . . . . . . . 5
91C Review of decision under section 91B . . . . . . . . . . . . . . . . . . . . . . . . 5
91D Provisional approval of format how-to-vote cards . . . . . . . . . . . . . . . 6
91E Review of decision under section 91D . . . . . . . . . . . . . . . . . . . . . . . . 7
91F Provisionally approved how-to-vote cards to be available
for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
91G Registration of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
91H Registered how-to-vote cards to be available for inspection . . . . . . 8
91I Distribution of how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
91J Power to request handing over of how-to-vote cards . . . . . . . . . . . . . 9
91K Format how-to-vote cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
91L Provisional approval--statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
91M Identification of applicant required . . . . . . . . . . . . . . . . . . . . . . . . . . 10
91N No returning officer's endorsement on sample card . . . . . . . . . . . . . 10
91O Statement--English translation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
91P Returning officer's registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
91Q Multiple electorate how-to-vote card--registration . . . . . . . . . . . . . 11
91R Multiple electorate how-to-vote card--statement . . . . . . . . . . . . . . . 11
91S Registered how-to-vote cards to be supplied . . . . . . . . . . . . . . . . . . . 11
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Electoral Amendment Bill
91T Multiple electorate how-to-vote cards to be supplied . . . . . . . . . . . . 12
4 Insertion of new schedule-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE 2
FORMS
1995
A BILL
FOR
An Act to amend the Electoral Act 1992
4
Electoral Amendment Bill
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Electoral Amendment Bill 1995. 3
amended 4
Act
2. This Act amends the Electoral Act 1992. 5
of new div 2A 6
Insertion
3. Part 6-- 7
insert-- 8
2A--How-to vote-cards 9
`Division
10
`Definitions
`91A. In this division-- 11
"format how-to-vote-card" means a how-to-vote-card that complies with 12
or purports to comply with the matters prescribed for the purposes of 13
section 91D(3). 14
"how-to-vote-card" means a card, handbill, pamphlet or notice-- 15
(a) that is, or includes a representation or partial representation or 16
purported representation or purported partial representation of a 17
ballot-paper for use in an election; or 18
(b) that lists the names of any or all of the candidates for an election 19
with a number indicating an order of voting preference against the 20
names of any or all of those candidates. 21
"registered how-to-vote card" means a how-to-vote card registered under 22
section 91G. 23
"sample how-to-vote card" means a how-to-vote card which complies 24
with or purports to comply with the matters prescribed for the 25
purposes of section 91B(3). 26
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Electoral Amendment Bill
approval of sample how-to-vote cards 1
`Provisional
`91B.(1) A person may, in relation to a candidate, submit a sample 2
how-to-vote card to the appropriate returning officer for the returning 3
officer's provisional approval at any time from the nomination of the 4
candidate until 12 noon on the 10th working day before polling day. 5
`(2) Before 12 noon on the next working day after receiving a sample 6
how-to-vote card the returning officer must-- 7
(a) provisionally approve; or 8
(b) refuse to provisionally approve-- 9
the sample how-to-vote card and advise the applicant of the returning 10
officer's decision. 11
`(3) In determining whether to provisionally approve or refuse to 12
provisionally approve a sample how-to-vote card the returning officer must 13
have regard to the matters prescribed in sections 91L to 91O in relation to 14
sample how-to-vote cards. 15
`(4) The returning officer must refuse to provisionally approve a sample 16
how-to-vote card if the returning officer is satisfied the sample how-to-vote 17
card-- 18
(a) is likely to mislead or deceive an elector in relation to the casting 19
of the vote of the elector; or 20
(b) contains offensive or obscene material. 21
`(5) Subject to section 91C, a person who has obtained the provisional 22
approval of the returning officer to a sample how-to-vote card may arrange 23
for the printing of the proposed how-to-vote card containing the 24
endorsement prescribed by section 91P. 25
of decision under section 91B 26
`Review
`91C.(1) Before 5 p.m. on the next working day after the returning 27
officer has advised the applicant of the returning officer's decision to 28
provisionally approve or refuse to provisionally approve the sample 29
how-to-vote card a person may apply to the Electoral Commissioner for a 30
review of the decision. 31
`(2) Before 5 p.m. on the next working day after receiving an application 32
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Electoral Amendment Bill
for a review of the decision the Electoral Commissioner must-- 1
(a) determine the application; or 2
(b) give the applicant and the returning officer directions as to the 3
changes required to the sample how-to-vote card necessary to 4
obtain the provisional approval of the returning officer. 5
`(3) If before 5 p.m. on the next working day after being given directions 6
under subsection (2)(b) the applicant submits a sample how-to-vote card to 7
the returning officer which contains the necessary changes the returning 8
officer must, before 12 noon on the next working day, provisionally 9
approve the sample how-to-vote card. 10
`(4) Before 5 p.m. on the next working day after the Electoral 11
Commissioner has given the Electoral Commissioner's decision a person 12
may apply to the District Court for a review of the decision of the Electoral 13
Commissioner. 14
`(5) Before 5 p.m. on the next working day after receiving an application 15
for a review of the decision of the Electoral Commissioner the District 16
Court must determine the application. 17
approval of format how-to-vote cards 18
`Provisional
`91D.(1) The registered officer of a registered political party or a person 19
nominated by a registered officer of a registered political party for the 20
purposes of this section may submit a format how-to-vote card to the 21
Electoral Commissioner for the Electoral Commissioner's provisional 22
approval at any time from the day on which the writ for an election is issued 23
until 12 noon on the eighth working day before polling day. 24
`(2) Before 12 noon on the next working day after receiving a format 25
how-to-vote card the Electoral Commissioner must-- 26
(a) provisionally approve or refuse to provisionally approve the 27
format how-to-vote card; or 28
(b) give the applicant directions as to the changes required to the 29
format how-to-vote card necessary to obtain the provisional 30
approval of the Electoral commissioner. 31
`(3) In determining whether to provisionally approve or refuse to 32
provisionally approve a format how-to-vote card the Electoral 33
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Electoral Amendment Bill
Commissioner must have regard to the matters prescribed in sections 91K 1
to 91O in relation to format how-to-vote cards. 2
`(4) The Electoral Commissioner must refuse to provisionally approve a 3
format how-to-vote card if the Electoral Commissioner is satisfied the 4
format how-to-vote card-- 5
(a) is likely to mislead or deceive an elector in relation to the casting 6
of the vote of the elector; or 7
(b) contains offensive or obscene material. 8
`(5) Subject to section 91E, a person who has obtained the provisional 9
approval of the Electoral Commissioner to a format how-to-vote card may 10
arrange for the printing of the proposed how-to-vote card containing the 11
endorsement prescribed by section 91P. 12
of decision under section 91D 13
`Review
`91E.(1) Before 5 p.m. on the next working day after the Electoral 14
Commissioner has advised the applicant of the Electoral Commissioner's 15
decision to provisionally approve or refuse to provisionally approve the 16
format how-to-vote card a person may apply to the District Court for a 17
review of the decision. 18
`(2) Before 5 p.m. on the next working day after receiving an application 19
for a review of the decision of the Electoral Commissioner the District 20
Court must determine the application. 21
approved how-to-vote cards to be available for 22
`Provisionally
inspection 23
`91F.(1) As soon as practicable after a sample how-to-vote card is 24
provisionally approved, the returning officer must make a copy of the 25
how-to-vote card available for inspection at the office of the returning 26
officer. 27
`(2) As soon as practicable after a format how-to-vote card is 28
provisionally approved, the Electoral Commissioner must make a copy of 29
the how-to-vote card available for inspection at the office of the Electoral 30
Commissioner. 31
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Electoral Amendment Bill
of how-to-vote cards 1
`Registration
`91G.(1) If a sample how-to-vote card or a format how-to-vote card has 2
been provisionally approved, the person who obtained the provisional 3
approval of the how-to-vote card may submit the how-to-vote card to the 4
appropriate returning officer for registration before 5 p.m. on the third 5
working day before polling day. 6
`(2) The returning officer must register the how-to-vote card immediately 7
the returning officer receives it. 8
`(3) However, the returning officer may register a how-to-vote card only 9
if the how-to-vote card has on it-- 10
(a) an indication of the order of voting preference for any or all of the 11
candidates; and 12
(b) the endorsement prescribed by section 91P. 13
how-to-vote cards to be available for inspection 14
`Registered
`91H. As soon as practicable after registering a how-to-vote card the 15
returning officer must-- 16
(a) give or send a copy of the how-to-vote card to the Electoral 17
Commissioner; and 18
(b) make a copy of the how-to-vote card available for inspection at 19
the office of the returning officer and each polling place in the 20
returning officer's electoral district. 21
of how-to-vote cards 22
`Distribution
`91I.(1) A person must not on polling day, within 400 metres of the 23
entrance of or within the building used as a polling place hand out, distribute 24
or otherwise make available to a person or authorise the handing out, 25
distribution or otherwise making available to a person of a how-to-vote card 26
other than a registered how-to-vote card. 27
Maximum penalty--100 penalty units or imprisonment for a period not 28
exceeding 6 months, or both. 29
`(2) A person must not print, publish or distribute or cause, permit or 30
authorise to be printed, published or distributed a how-to-vote card that 31
9
Electoral Amendment Bill
contains a representation or purported representation of an endorsement 1
prescribed by section 91P, unless the how-to-vote card has been 2
provisionally approved or registered in accordance with this division. 3
Maximum penalty--100 penalty units or imprisonment for a period not 4
exceeding 6 months, or both. 5
`(3) In a prosecution of a person under subsection (1) or (2), it is a 6
defence if the person proves the person did not know, and could not 7
reasonably be expected to have known, that the card was not a provisionally 8
approved or registered how-to-vote card. 9
`(4) Subsection (1) does not apply to-- 10
(a) the handing out, distribution, sale or otherwise making available 11
of a newspaper by or on behalf of a newsagent, newspaper seller 12
or distributor if the handing out, distribution, sale or making 13
available is in the course of the newsagent's, newspaper seller's 14
or distributor's employment or business; or 15
(b) the handing out, distribution or otherwise making available of a 16
how-to-vote card in a room or building used as a campaign room 17
or an office by-- 18
(i) a candidate in the election to which the how-to-vote card 19
relates; or 20
(ii) the political party that has endorsed the candidate in the 21
election; or 22
(c) a how-to-vote card in the form of a poster or notice that is affixed 23
or attached to a vehicle, building, hoarding or structure (whether 24
moveable or fixed). 25
to request handing over of how-to-vote cards 26
`Power
`91J.(1) The person in charge of a polling place or a person authorised 27
by the person in charge to act on the person's behalf under this section may 28
on polling day request a person reasonably suspected by the person in 29
charge or the person authorised of contravening section 91I(1) or (2)-- 30
(a) to produce for inspection to the person in charge or person 31
authorised any how-to-vote cards in the possession of the other 32
person; and 33
10
Electoral Amendment Bill
(b) to hand over to the person in charge or person authorised all 1
how-to-vote cards other than registered how-to-vote cards. 2
`(2) A person must comply with a request under subsection (1). 3
Maximum penalty--100 penalty units. 4
how-to-vote cards 5
`Format
`91K. A format how-to-vote card submitted to the Electoral 6
Commissioner for provisional approval under section 91D must be either-- 7
(a) a single format how-to-vote card, that is, a format how-to-vote 8
card submitted with respect to 1 electoral district only; or 9
(b) a multiple electorate how-to-vote card, that is, a format how-to- 10
vote card submitted in relation to every electoral district in which 11
a registered political party is standing a candidate. 12
approval--statement 13
`Provisional
`91L. Each person submitting a sample how-to-vote card to a returning 14
officer, or a format how-to-vote card to the Electoral Commissioner, for 15
provisional approval, must make a statement in accordance with form A of 16
schedule 2.1 17
of applicant required 18
`Identification
`91M. Each sample how-to-vote card and format how-to-vote card 19
submitted for provisional approval must clearly identify the name of the 20
political party, person, organisation or group on whose behalf the card is to 21
be distributed. 22
returning officer's endorsement on sample card 23
`No
`91N. A sample how-to-vote card or format how-to-vote card submitted 24
for provisional approval must not contain a representation of the returning 25
officer's endorsement of the card. 26
1 Section 153 of the Electoral Act 1992 deals with false or misleading statements.
11
Electoral Amendment Bill
translation 1
`Statement--English
`91O. If a sample how-to-vote card or format how-to-vote card 2
submitted for provisional approval contains a section in a language other 3
than English, the person submitting the card for provisional approval must 4
submit with the card-- 5
(a) an accurate translation into English of the section in a language 6
other than English; and 7
(b) a statement the translation is fair, in accordance with form A of 8
schedule 2. 9
officer's registration 10
`Returning
`91P. If a sample how-to-vote card or format how-to-vote card has been 11
provisionally approved, the applicant must ensure each how-to-vote card 12
submitted to a returning officer for registration is endorsed with the 13
following endorsement at the end of the card-- 14
" R e g i s t e red by the r e t u r n ing of f i c e r for 15
............................................................". 16
17
(insert name of electoral district)
electorate how-to-vote card--registration 18
`Multiple
`91Q. It is sufficient compliance with section 91G(1) if the person who 19
obtained provisional approval of a multiple electorate how-to-vote card 20
submits the card to the returning officer for the electoral district of Brisbane 21
Central. 22
electorate how-to-vote card--statement 23
`Multiple
`91R. Each person submitting a provisionally approved multiple 24
electorate how-to-vote card for registration must make a statement in 25
accordance with form B of schedule 2. 26
how-to-vote cards to be supplied 27
`Registered
`91S. When a how-to-vote card has been registered, the person who 28
submitted the card for registration must immediately supply the returning 29
12
Electoral Amendment Bill
officer with 10 more cards than the number of polling places in the relevant 1
electoral district. 2
electorate how-to-vote cards to be supplied 3
`Multiple
`91T. When a multiple electorate how-to-vote card has been registered, 4
the person who submitted the card for registration must, as soon as 5
practicable, supply the returning officer for each electoral district in which 6
the card is to be distributed with 10 more cards than the number of polling 7
places in the electoral district.'. 8
of new schedule-- 9
Insertion
4. After the schedule-- 10
insert-- 11
`SCHEDULE 2 12
ORMS 13
`F
section 91L 14
FORM A 15
HOWTOVOTE CARD STATEMENT FORM 16
Statement(s) to be made by a person submitting a sample how-to-vote card 17
or format how-to-vote card for provisional approval. 18
13
Electoral Amendment Bill
I, ................................................................................ 1
of ................................................................................................................... 2
3
(state address and telephone number for contact purposes)
4
state I am authorised to submit this sample/ format how-to-vote card for the 5
........................................................... Electoral District for provisional 6
approval on behalf of .................................................................................... 7
........................................................................................................................ 8
9
(state name of political party, person, organisation or group)
10
Capacity in which I make this statement 11
12
....................................................................................................................... 13
14
(state title e.g. candidate, party secretary, campaign official etc.)
15
AND (if the how-to-vote card contains a section in a language other than 16
English) 17
18
I submit with the how-to-vote card a translation into English of the section 19
in a language other than English, and I state the translation is a fair 20
translation. 21
22
23
24
Signed ......................................................................... 25
26
Signed before me on the ............... day of ........................................... 19 .... 27
28
29
30
31
Signed ..................................................... 32
* Returning officer for............................................... Electoral District 33
* Electoral Commissioner 34
35
(*Delete the one not applicable.)
36
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Electoral Amendment Bill
section 91R 1
FORM B 2
MULTIPLE ELECTORATE HOW-TO-VOTE CARD 3
STATEMENT 4
Statement to be made by a person submitting a multiple electorate how-to- 5
vote card for registration. 6
I, .................................................................................................................... 7
of ................................................................................................................... 8
9
(state address and telephone number for contact purposes)
10
state that this multiple electorate how-to-vote card, I am authorised to 11
submit for registration on behalf of the 12
13
........................................................................................................................ 14
15
(state name of registered political party)
16
is to be distributed * in every electoral district in the State of Queensland 17
*in the following electoral districts-- 18
19
...................................................................................... 20
21
......................................................................................... 22
23
......................................................................................... 24
25
......................................................................................... 26
27
......................................................................................... 28
29
(state electoral districts where card will be distributed)
30
31
* Delete the one not applicable.
15
Electoral Amendment Bill
1
2
Signed .................................................................. 3
4
Title ....................................................................... 5
6
(position held in registered political party)
7
8
Signed before me the .............. day of ............................................... 19 . 9
10
11
12
13
Signed ................................................ 14
15
Returning Officer for .............................................................. Electoral 16
District.'. 17
18
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