AustLII Tasmanian Consolidated Acts

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ELECTORAL ACT 2004 - SECT 3

3. Interpretation

In this Act, unless the contrary intention appears –

"approved" means approved by the Commission;
"Assembly" means the House of Assembly of the Parliament of Tasmania;
"Assembly by-election" means an election to elect a Member in respect of an Assembly division pursuant to a writ issued under section 64;
"Assembly division" means a division, determined in accordance with the Constitution Act 1934, for the return of Members to represent the electors of that division in the Assembly;
"Assembly election" means an election to elect Members in respect of an Assembly division and includes an Assembly by-election;
"Assembly general election" means the elections held or to be held contemporaneously to elect Members in respect of all Assembly divisions pursuant to writs issued under section 63;
"ballot material" means ballot papers, postal vote applications, declaration vote envelopes and postal vote declaration envelopes;
"ballot paper" means a ballot paper prepared under section 96 or 101;
"ballot paper name" means –

(a) in respect of a registered party, the name appearing in the party register in accordance with section 52(2)(b); and

(b) in respect of a candidate, the name referred to in section 80;

"candidate" means a person who has been publicly announced as a candidate under section 87;
"candidate roll" means the candidate roll prepared under section 39;
"close of poll" means 6 p.m. on polling day;
"close of roll" in relation to an election, means 6 p.m. on the day of issue of the writ for the holding of that election;
"Commission" means the Tasmanian Electoral Commission established under section 6;
"Commissioner" means the Electoral Commissioner appointed under section 14;
"Commonwealth Act" means the Commonwealth Electoral Act 1918 of the Commonwealth;
"Commonwealth roll" means the roll of the electors for the State of Tasmania required by section 81 of the Commonwealth Act;
"corrupt practice" means an offence that is a crime by virtue of this Act;
"Council" means the Legislative Council of the Parliament of Tasmania;
"Council by-election" means an election to elect a Member in respect of a Council division pursuant to a writ issued under section 66;
"Council division" means a division, determined in accordance with the Constitution Act 1934, for the return of a member to represent the electors of that division in the Council;
"Council election" means an election to elect a Member in respect of a Council division and includes a Council by-election;
"Council periodic election" means an election held or to be held to elect a Member in respect of a Council division pursuant to a writ issued under section 65;
"declaration vote" means a vote marked on a ballot paper issued under section 118;
"declaration vote envelope" means a declaration vote envelope referred to in section 118;
"deputy registered officer" means a person whose name appears in the party register as the deputy registered officer of a party;
"division" means an Assembly division or a Council division;
"division roll" means a division roll prepared and kept under section 37;
"election" means an Assembly election or a Council election;
"election agent" means a person appointed under section 158;
"election expenditure" has the meaning given by section 5;
"election official" means a person appointed under section 26;
"election roll" means the election roll prepared under section 39;
"elector" means a person whose name appears on a roll;
"electoral matter" has the meaning given by section 4;
"existing party" means a registered party or a registered political party, within the meaning of the Commonwealth Act;
"expenditure limit" means the expenditure limit referred to in section 160;
"expenditure period" means –

(a) in the case of a Council periodic election, the period beginning on 1 January in the year in which the election is to be held and ending at the close of poll; or

(b) in the case of a Council by-election, the period beginning on the day on which the seat of a Member of the Council becomes vacant and ending at the close of poll;

"first preference", in relation to a vote recorded for a candidate at an election, means the recording of the number "1" in the box next to the candidate's name on a ballot paper used at the election;
"functions" includes duties;
"illegal practice" means an offence under this Act that is not a corrupt practice or an offence under section 181, and includes aiding, abetting or instigating the commission of, and attempting or conspiring to commit, such an offence;
"informal ballot paper" means a ballot paper which is informal as specified in section 103;
"intending candidate" means a person who has publicly declared his or her intention to seek election as a Member;
"Member" means a Member of the Council or the Assembly;
"mobile polling place" means a place referred to in section 92(3);
"nomination day", in relation to an election, means the day fixed under section 67(1) or section 73(1)(a) on or before which candidates for election are to be nominated;
"nomination form" means a form referred to in section 77;
"ordinary polling place" means a place referred to in section 92(1);
"party" means a group of persons, whether incorporated or not, that exists for political purposes and includes any branch in Tasmania of such a group that is established outside Tasmania;
"party name" means the name appearing in the party register in accordance with section 52(2)(a);
"party register" means the register maintained by the Commission pursuant to section 52;
"party secretary" means the secretary or, if there is no position of secretary, the chief administrative officer (however described) of a party;
"polling day", in relation to an election, means the day fixed or specified under section 67(1)(b) on which polling for that election is to be held in the event of the election being contested;
"polling place" means a place referred to in section 91;
"postal vote" means a vote marked on a ballot paper issued under section 128;
"postal vote declaration envelope" means a postal vote declaration envelope referred to in section 128;
"pre-poll polling place" means a place referred to in section 92(2);
"prisoner" means a person who is serving a sentence of imprisonment for an offence against a law of the State, another State, a Territory or the Commonwealth;
"public body name" means the name, or an abbreviation or acronym of the name, of a prominent corporation or organisation;
"publish" means publish by any means including by publication on the internet;
"registered member" means a person whose name appears in the party register as a registered member of a party;
"registered officer" means a person whose name appears in the party register as the registered officer of a party;
"registered party" means a party, the name of which appears in the party register as a registered party;
"returning officer" means a person appointed under section 24 or 25;
"roll" means the State roll, a division roll or an election roll;
"scrutineer" means a person appointed under section 104;
"State roll" means the State roll prepared and kept under section 30;
"voting screen" means a compartment in which a person may mark a ballot paper without any other person seeing how the ballot paper is marked.



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