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CONSTITUTIONAL CONVENTION (ELECTION) ACT 1997 No. 128, 1997 - List of Sections

Section

Making Information
- Assented to 15 September 1997

CONSTITUTIONAL CONVENTION (ELECTION) ACT 1997 No. 128 of 1997
- TABLE OF PROVISIONS

CONSTITUTIONAL CONVENTION (ELECTION) ACT 1997 No. 128 of 1997
- LONG TITLE

PART 1
PART 1ÐPRELIMINARY

1. 1 Short title
2. 2 Commencement
3. 3 Act extends to Norfolk Island
4. 4 Act to bind Crown
5. 5 Identifying defined terms
PART 2
PART 2ÐOVERVIEW OF ELECTION PROCESS

DIVISION 1
Division 1ÐGeneral

6. 6 Purpose of Act
7. 7 Number of delegates to be elected from each State and Territory
8. 8 Who can vote
9. 9 List of electors
10. 10 One vote
11. 11 Voting is voluntary
12. 12 Voluntary voting not a precedent for any Parliamentary election or referendum
13. 13 Electoral Commission to run election
DIVISION 2
Division 2ÐTimetable for elections

14. 14 Minister to fix timetable for elections
15. 15 Date for close of Rolls
16. 16 Date of nomination
17. 17 Date of notice of results
18. 18 Electoral Commissioner to advertise election
DIVISION 3
Division 3ÐAdministration

19. 19 AEO for the Australian Capital Territory
20. 20 Electoral Commissioner may direct officers
21. 21 Divisional Returning Officers
22. 22 Employment of temporary staff
PART 3
PART 3ÐTHE NOMINATIONS

DIVISION 1
Division 1ÐNominations

23. 23 Candidate must nominate in order to be elected
24. 24 Qualifications for election and nomination
25. 25 Persons not entitled to nominate
26. 26 Multiple nominations prohibited
27. 27 Mode of nomination
28. 28 To whom nominations made
DIVISION 2
Division 2ÐRequests for group and candidate names

29. 29 Grouping of candidates in list of candidates
30. 30 Notification of group name
31. 31 Notification of candidate name
32. 32 Requests involving certain names to be refused
33. 33 Combined request and nomination
34. 34 Combined requests
DIVISION 3
Division 3ÐCandidate statements

35. 35 Group and candidate statements
36. 36 Requirements for statements
37. 37 Alteration of statements after submission
38. 38 Printing of statements
39. 39 Electoral Commission not to be liable
DIVISION 4
Division 4ÐFormal requirements of nomination etc.

40. 40 Requisites for nomination
41. 41 Form of consent to act
42. 42 Rejection of nominations and requests
43. 43 Place of nomination
44. 44 Hour of nomination
45. 45 Declaration of nominations
46. 46 Withdrawal of nomination
47. 47 Return of fee in case of candidate's death
48. 48 Proceedings on nomination day
49. 49 Death of candidate after nomination
50. 50 Failure of election
PART 4
PART 4ÐPREPARATION FOR THE POLLING

DIVISION 1
Division 1ÐThe poll

51. 51 Arrangements for polling
52. 52 Participation by candidates in conduct of election
DIVISION 2
Division 2ÐBallot-paper and list of candidates

53. 53 Ballot-papers
54. 54 Official mark
55. 55 Printing of list of candidates
56. 56 Printing of ballot-papers
57. 57 Form of candidate's name and other material on ballot-paper and list of candidates
58. 58 Determination of candidate numbers
59. 59 Determination of order of names
DIVISION 3
Division 3ÐVoting tickets

60. 60 Group voting tickets
61. 61 Individual voting tickets
62. 62 Voting tickets to be displayed
PART 5
PART 5ÐVOTING

DIVISION 1
Division 1ÐDistribution of voting material and candidate statements

63. 63 Meaning of voting material
64. 64 Meaning of appropriate DRO
65. 65 Issue of voting materials to electors
66. 66 Issue of candidate statements
67. 67 Request for voting material
68. 68 Record of issue of voting material on request to be kept
DIVISION 2
Division 2ÐHow voting is done

69. 69 Requirements for voting
70. 70 Marking votes in an election
71. 71 Votes by overseas electors may be given to overseas Assistant Returning Officer
72. 72 Votes to be received before the close of the poll
DIVISION 3
Division 3ÐProcedure for dealing with votes received

73. 73 Undertaking by officers and scrutineers
74. 74 Procedure for dealing with vote certificates, ballot-papers etc.
75. 75 Forwarding of certificate envelopes
PART 6
PART 6ÐSPECIAL PROVISIONS RELATING TO THE POLLING IN ANTARCTICA

76. 76 Meaning of station
77. 77 Antarctic Returning Officers and Assistant Antarctic Returning Officers
78. 78 Antarctic electors
79. 79 Arrangements for the polling in Antarctica
80. 80 Ballot-papers to be initialled
81. 81 The polling in Antarctica
82. 82 Entitlement of Antarctic electors to vote
83. 83 Questions to be put to voter at Antarctic station
84. 84 Right of Antarctic elector to receive ballot-paper
85. 85 Issue of ballot-paper to be recorded
86. 86 Votes to be marked in private
87. 87 Assistance to certain voters
88. 88 Spoilt ballot-papers
89. 89 Proceedings by Antarctic Returning Officer on close of poll
90. 90 Result of the polling in Antarctica
91. 91 Preservation of ballot-papers etc.
PART 7
PART 7ÐTHE SCRUTINY

DIVISION 1
Division 1ÐGeneral

92. 92 Scrutiny
93. 93 Scrutineers
94. 94 Presence of scrutineers
95. 95 Scrutiny may be adjourned
DIVISION 2
Division 2ÐPreliminary scrutiny

96. 96 Preliminary scrutiny
97. 97 Rules for conduct of preliminary scrutiny
98. 98 Preliminary scrutiny may be adjourned
99. 99 Correction of formal errors
DIVISION 3
Division 3ÐFurther scrutiny

100. 100 Further scrutiny after close of poll
101. 101 Conduct of further scrutiny
102. 102 Computerised scrutiny of votes
103. 103 Scrutiny prior to receipt of ballot-papers
DIVISION 4
Division 4ÐRules for formality of votes etc.

104. 104 Action on objections to ballot-papers
105. 105 Informal ballot-papers
106. 106 Ballot-papers marked on both Part A and Part B
107. 107 Ballot-papers marked on Part A
108. 108 Ballot-papers marked on Part B
109. 109 Errors not to forfeit vote
110. 110 Vote not informal merely because candidate dies
111. 111 Mistakes
DIVISION 5
Division 5ÐRecount and disputed votes

112. 112 Recount
113. 113 Conduct of recount
114. 114 Powers of officer conducting recount
115. 115 Reservation of disputed ballot-papers
PART 8
PART 8ÐNOTICE OF ELECTION RESULTS ETC.

116. 116 Notice of election results
117. 117 Notice of recount results
PART 9
PART 9ÐCASUAL VACANCIES

118. 118 Casual vacancy to be filled under this Part
119. 119 Candidate from same group may be declared elected
120. 120 Chairman may appoint or otherwise fill vacancy
PART 10
PART 10ÐELECTORAL OFFENCES

DIVISION 1
Division 1ÐInterpretation

121. 121 Interpretation
DIVISION 2
Division 2ÐDuties of officers

122. 122 Officers and scrutineers to observe secrecy
123. 123 Officers not to mark ballot-papers so that voter can be identified
124. 124 Officers not to influence vote
DIVISION 3
Division 3ÐOffences relating to the printing and publishing of
electoral advertisements etc.

125. 125 Printing and publication of electoral advertisements, notices etc.
126. 126 Misleading or deceptive publications etc.
127. 127 Heading to electoral advertisements
DIVISION 4
Division 4ÐOffences relating to electoral papers

128. 128 Signature to electoral paper
129. 129 Witnessing electoral papers
130. 130 Forging or uttering electoral papers
DIVISION 5
Division 5ÐOffences relating to ballot-papers and vote applications

131. 131 Unlawfully marking ballot-papers
132. 132 Offence in respect of voting
133. 133 Failure to post or deliver certificate envelope
134. 134 Failure to post or deliver request for voting material
135. 135 Inducing elector to hand over marked ballot-paper
136. 136 Opening of ballot-paper
137. 137 Other offences relating to ballot-papers etc.
DIVISION 6
Division 6ÐOther offences

138. 138 Influencing votes of hospital patients etc.
139. 139 Bribery
140. 140 Interference with political liberty etc.
141. 141 False statements in relation to Rolls or lists of electors
142. 142 Protection of the official mark
143. 143 Control of behaviour at counting centres
DIVISION 7
Division 7ÐProceedings for offences

144. 144 Prosecution of offences
145. 145 Certificate evidence
146. 146 Evidence of authorship or authorisation of material
PART 11
PART 11ÐDISPUTED RETURNS AND ELECTIONS

DIVISION 1
Division 1ÐInterpretation

147. 147 Interpretation
DIVISION 2
Division 2ÐDisputing elections or returns

148. 148 Method of disputing elections or returns
149. 149 Appeals
DIVISION 3
Division 3ÐPetitions

150. 150 Requisites of petition
151. 151 Deposit to be paid
152. 152 Petition by Electoral Commission
153. 153 No proceedings unless requirements complied with
DIVISION 4
Division 4ÐProceedings on petitions

154. 154 Right of Electoral Commission to be represented
155. 155 Representation of parties before Court
156. 156 Inquiries by Court
157. 157 Powers of Court
158. 158 Prompt resolution of disputes
159. 159 Expedited hearing of petitions
160. 160 Real justice to be observed
161. 161 Provision for Court to have regard to certain rejected ballot- papers
162. 162 Immaterial errors not to vitiate election
163. 163 Errors relating to printing of ballot-papers
164. 164 Evidence that person not permitted to vote
165. 165 Voiding election for illegal practices etc.
166. 166 Costs
167. 167 Effect of decision
DIVISION 5
Division 5ÐOther matters relating to the Court and declarations of
the Court

168. 168 Court to report cases of illegal practices
169. 169 Right of Electoral Commission to have access to documents
170. 170 Procedure on a recount of votes
171. 171 Power to make Rules of Court
PART 12
PART 12-MISCELLANEOUS

172. 172 Correction of errors
173. 173 Extension of time for holding elections
174. 174 Extension of time for acts by officers
175. 175 Delegation by Electoral Commission
176. 176 Delegation by Electoral Commissioner
177. 177 Injunctions
178. 178 Electoral matters to be sent free by post
179. 179 Collection of statistical information
180. 180 Preservation of documents
181. 181 Minister's notice not a legislative instrument
182. 182 Regulations
183. 183 Repeal
SCHEDULE 1

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