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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT
(ELECTIONS) BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 47 amended (Resignations)
5. Section 269 amended (Notice of election)
6. Section 278 amended (Electoral advertising)
7. Section 279 amended (Return in relation to electoral advertising)
8. Section 308 amended (By-elections)
9. Section 311 amended (Electoral articles to be signed)
10. Section 314 amended (Bribery and undue influence)
[Bill 40]-I
2
LOCAL GOVERNMENT AMENDMENT
(ELECTIONS) BILL 2007
(Brought in by the Minister Assisting the Premier on Local
Government, the Honourable Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment (Elections) Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
*No. 95 of 1993
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Local Government Amendment (Elections) Act 2007
Act No. of
s. 4
4. Section 47 amended (Resignations)
Section 47 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "On"
and substituting "Except as provided in
subsection (6), on";
(b) by inserting the following subsection
after subsection (5):
(6) A councillor may, during the
period commencing on the 30th
day before, and ending on the
Thursday before, the day on
which the notice of election for a
forthcoming election is to be
given, give notice to the general
manager of his or her intention to
resign with effect from the issue
of the forthcoming certificate of
election.
5. Section 269 amended (Notice of election)
Section 269 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) On the 7th Saturday before closing day,
the Electoral Commissioner is to cause
notice of an election to be advertised
prominently in a daily newspaper
circulating in the relevant municipal area.
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Local Government Amendment (Elections) Act 2007
Act No. of
s. 6
6. Section 278 amended (Electoral advertising)
Section 278 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A person, within the relevant period,
must not print, publish, keep on display,
broadcast or distribute any electoral
advertising that refers to the offering,
promising or giving by a candidate or
intending candidate of a gift, donation or
prize to or for any specific club,
association or body or to or for clubs,
associations or bodies generally.
Penalty: Fine not exceeding 50 penalty
units.
7. Section 279 amended (Return in relation to
electoral advertising)
Section 279 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "90" and
substituting "45";
(b) by omitting from subsection (3) "90" and
substituting "45".
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Local Government Amendment (Elections) Act 2007
Act No. of
s. 8
8. Section 308 amended (By-elections)
Section 308 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ac) in subsection (1):
(ad) a notice of intention to resign has
been given to the general
manager under section 47(6); or
(b) by omitting subsection (2) and
substituting the following subsection:
(2) A by-election is to be held in
conjunction with the next
ordinary election if
(a) the vacancy occurs during
the period referred to in
section 307(3); or
(b) the vacancy will be
created by a notice of
intention to resign given
to the general manager
under section 47(6).
9. Section 311 amended (Electoral articles to be
signed)
Section 311 of the Principal Act is amended as
follows:
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Local Government Amendment (Elections) Act 2007
Act No. of
s. 10
(a) by inserting in subsection (1) ", keep on
display" after "publish";
(b) by inserting the following subsection
after subsection (1):
(1A) An article is published or kept on
display by a person if the
publication or display is
published or kept on display with
that person's consent.
10. Section 314 amended (Bribery and undue influence)
Section 314 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "the
offence of bribery" and substituting "an
offence under this section";
(b) by omitting subsections (3), (4) and (5)
and substituting the following
subsections:
(3) An offence under this section
includes the supply of food, drink
or entertainment with a view to
influencing the vote of an elector
at an election if the supply is
made during the relevant period.
(4) A candidate or intending
candidate must not directly or
indirectly offer, promise or give a
gift, donation or prize to or for
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Local Government Amendment (Elections) Act 2007
Act No. of
s. 10
any specific club, association or
body or to or for clubs,
associations or bodies generally
during the relevant period.
Penalty: Fine not exceeding 5
penalty units.
(5) In proceedings for an offence
under subsection (4), it is a
defence for the person charged to
show that gifts, donations or
prizes similar in nature and in
amount or value are regularly
given by that person to the
specific club, association or body.
8 Government Printer, Tasmania