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ELECTORAL AND ROAD SAFETY LEGISLATION AMENDMENT ACT 2023 (NO. 43 OF 2023) - SCHEDULE 2

Schedule 2     Technical amendments

(see s 3)

Part 2.1     Electoral Act 1992

[2.1]     Sections 7 (1) (i) and 11

omit

another Territory law

substitute

another territory law

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.2]     Section 12B (a) (iii)

omit

or another Territory

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.3]     Section 12B (b) (ii)

omit

Commonwealth, a State or another Territory

substitute

Commonwealth or a State

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.4]     Section 12B, new note

insert

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment inserts a note in line with current legislative drafting practice.

[2.5]     Section 12C (1) (h) (ii)

omit

Commonwealth, a State or another Territory

substitute

Commonwealth or a State

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.6]     Section 12C (2), definition of judge , paragraph (b)

omit

or another Territory

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.7]     Section 12C, new note

insert

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment inserts a note in line with current legislative drafting practice.

[2.8]     Section 19 (4)

omit

he or she

substitute

the chairperson

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.9]     Section 33 (3)

omit

he or she becomes

substitute

they become

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.10]     Sections 33B (1) and 33C (1)

omit

another Territory law

substitute

another territory law

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.11]     Section 40 (2)

omit

he or she

substitute

the commissioner

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.12]     Section 48 (2)

omit

he or she

substitute

the chairperson

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.13]     Section 57 heading

substitute

57     Rolls of ACT electors and electorates

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.14]     Section 63 (1), definition of approved purpose , paragraphs (a) and (b)

substitute

        (a)     for an MLA—the exercise of the MLA's functions;

        (b)     for the registered officer of a registered party—for the purpose of an MLA who is a member of the party exercising that MLA's functions;

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.15]     Section 67 (1) (c)

omit

Territory authority

substitute

territory authority

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.16]     Section 74 (3) (b)

omit

he or she does not

substitute

they do not

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.17]     Section 76 (5) (a)

omit

he or she

substitute

the claimant

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.18]     Section 77 (2)

omit

his or her

substitute

the elector's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.19]     Sections 77 (4) and 81 (6)

omit

he or she

substitute

the commissioner

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.20]     Section 86

omit

Territory law

substitute

territory law

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.21]     Section 103 (2) (a) (ii)

omit

or another Territory

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.22]     Section 103 (2) (b) (i)

omit

Commonwealth, a State or another Territory

substitute

Commonwealth or a State

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.23]     Section 103 (2) (b) (ii)

substitute

              (ii)     is employed by the Territory, the Commonwealth or a State or by a territory authority or a body (whether incorporated or unincorporated) established by a law of the Commonwealth or a State;

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.24]     Section 103 (2), new note

insert

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment inserts a note in line with current legislative drafting practice.

[2.25]     Section 105 (4) (c) and (d)

omit

he or she

substitute

the nominee

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.26]     Section 105 (7)

omit

his or her

substitute

the nominee's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.27]     Section 107 (1)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.28]     Section 118A (2) (d) and (3) (b) (i)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.29]     Section 128 (2)

omit

he or she

substitute

they

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.30]     Sections 129 and 132 (1)

omit

his or her

substitute

the elector's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.31]     Section 133 (1) (b)

before

claims

insert

the person

Explanatory note

This amendment corrects a typographical error by inserting missing words.

[2.32]     Section 133 (3)

omit

he or she has

substitute

they have

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.33]     Section 134 (b)

omit

his or her

substitute

the person's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.34]     Section 135 (2)

omit

he or she has

substitute

they have

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.35]     Section 135 (4) (c) (i)

omit

his or her

substitute

the person's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.36]     Section 145 (a)

omit

he or she

substitute

the elector

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.37]     Section 160 (5)

omit

subsection (2)

substitute

subsection (3)

Explanatory note

This amendment corrects a cross-reference.

[2.38]     Section 191 (2) (d)

omit

he or she

substitute

the former MLA

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.39]     Section 192 (1)

substitute

    (1)     A person may apply to be a candidate for a seat to which a casual vacancy has occurred if the person—

        (a)     was a candidate at the last election for the electorate in which the vacancy has occurred; and

        (b)     was not elected; and

        (c)     is an eligible person.

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.40]     Section 192 (2) (a) (i) and (ii)

omit

he or she

substitute

the applicant

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.41]     Section 192 (3)

omit

his or her

substitute

their

[2.42]     Section 198, definition of registered industrial organisation

substitute

registered industrial organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009

(Cwlth) or under a law of a State providing for the registration of industrial organisations.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment updates language and inserts a note in line with current legislative drafting practice.

[2.43]     Section 201 (2), definition of disclosure day , paragraph (b) (ii) (A)

omit

he or she

substitute

they

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.44]     Section 204 (3) and (4)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.45]     Section 205K (1)

substitute

    (1)     This section does not apply to payments made to a party under this Act, or a corresponding Act of the Commonwealth or a State.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment updates language and inserts a note in line with current legislative drafting practice.

[2.46]     Section 217 (4)

omit

Explanatory note

This amendment omits a redundant definition.

[2.47]     Section 230 (5)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.48]     Section 230 (6) and (7)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.49]     Section 238 (4)

omit

he or she

substitute

the magistrate

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.50]     Sections 238 (6) (b) and 239 (1)

omit

he or she

substitute

the person

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.51]     Section 240

substitute

240     Inability to complete returns

    (1)     If a person who is required to give the commissioner a return under division 14.4, 14.5 or 14.6 believes it is impossible to complete the return because the person is unable to obtain particulars (the missing particulars ) required for the preparation of the return, the person may—

        (a)     prepare the return to the extent that it is possible to do so without the missing particulars; and

        (b)     give the commissioner the prepared return; and

        (c)     give the commissioner written notice—

              (i)     identifying the return; and

              (ii)     stating that the return is incomplete because the person is unable to obtain the missing particulars; and

              (iii)     identifying the missing particulars; and

              (iv)     setting out the reasons why the person is unable to obtain the missing particulars; and

              (v)     if the person believes on reasonable grounds that another person whose name and address is known to the person can give the missing particulars—stating that belief, the reasons for the belief and the name and address of the other person.

    (2)     If a person complies with subsection (1), the person must not, for section 236 (2) (c), be taken to have given a return that is incomplete because of the person's omission of any missing particulars identified in a written notice given to the commissioner in accordance with subsection (1) (c).

    (3)     If a person tells the commissioner under subsection (1) (c) or (4) (e) that another person can give the missing particulars, the commissioner may, by written notice, require that the other person give the commissioner written notice of the missing particulars within the period stated in the notice.

    (4)     If a person who is required under subsection (3) to give the commissioner the missing particulars considers that they are unable to obtain some or all of the particulars, the person must give the commissioner written notice—

        (a)     stating the missing particulars (if any) that the person is able to give; and

        (b)     stating that the person is unable to obtain certain missing particulars; and

        (c)     identifying the missing particulars the person is unable to obtain; and

        (d)     setting out the reasons why the person is unable to obtain those missing particulars; and

        (e)     if the person believes on reasonable grounds that another person whose name and address is known to the person can give those missing particulars—stating that belief, the reasons for the belief and the name and address of the other person.

    (5)     A person must not, for section 236 (2) (c), be taken to have given a return that is incomplete because of the person's omission of the missing particulars if the person—

        (a)     is given written notice under subsection (3); and

        (b)     complies with the written notice or gives the commissioner written notice in accordance with subsection (4).

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.52]     Section 241 (2) (b)

omit

his or her

substitute

this

Explanatory note

This amendment corrects a typographical error.

[2.53]     Section 258 (1) (c)

omit

his or her

substitute

the applicant

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.54]     Section 263 (9) (a)

omit

he or she

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.55]     Section 263 (9) (d)

omit

his or her

substitute

the person's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.56]     Section 271 (b)

omit

he or she

substitute

the person

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.57]     Section 290 (3)

omit

he or she

substitute

the employee

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.58]     Section 293 (3) (b)

substitute

        (b)     if the residence is outside the ACT—the State or other country of the residence.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

Explanatory note

This amendment updates language and inserts a note in line with current legislative drafting practice.

[2.59]     Section 294 (1) (a) and (b)

omit

he or she is

substitute

they are

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.60]     Section 298

omit

his or her

substitute

the elector's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.61]     Section 299 (2) and (3)

omit

Territory authority

substitute

territory authority

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.62]     Section 301 (3) (b)

substitute

        (b)     that relates to a candidate who—

              (i)     was nominated by the party; and

              (ii)     has publicly declared their candidature to be on behalf of, or in the interests of, the party.

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.63]     Section 314 (1)

omit

he or she shall sign it with his or her

substitute

the person must sign it with their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.64]     Section 314 (2)

omit

his or her

substitute

the person's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.65]     Section 315 (1) (b) and (c)

omit

he or she

substitute

the person

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.66]     Section 315 (1) (d)

substitute

        (d)     the person is able to sign their own name.

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.67]     Section 315 (2)

omit

himself or herself

substitute

themself

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.68]     Section 317 (b)

omit

him or her

substitute

the officer

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.69]     Section 318 (2)

omit

his or her

substitute

their

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.70]     Sections 321 (1) and 322 (1)

omit

another Territory law

substitute

another territory law

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.71]     Section 323

omit

his or her

substitute

the commissioner's

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.72]     Schedule 4, clauses 5, 6 and 9

omit

him or her

substitute

the candidate

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.73]     Schedule 4, clause 13 (4), definition of NCP

omit

he or she

substitute

the former MLA

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.74]     Schedule 4, clause 14 (2)

omit

him or her

substitute

the candidate

Explanatory note

This amendment updates language in line with current legislative drafting practice.

[2.75]     Dictionary, notes 1 and 2, except dot points

substitute

Note     The Legislation Act

contains definitions relevant to this Act. For example:

Explanatory note

This amendment updates notes in line with current legislative drafting practice.

Part 2.2     Electoral Regulation 1993

[2.76]     Section 5A heading

substitute

5A     Declaration ballot papers—Act, s 114 (7)

Explanatory note

This amendment inserts a cross-reference in line with current legislative drafting practice.

[2.77]     Dictionary, notes 1 to 3

substitute

Note 1     The Legislation Act

contains definitions relevant to this regulation. For example:

              •     chief health officer

              •     commissioner for revenue

              •     director-general (see s 163)

              •     entity

              •     integrity commission

              •     integrity commissioner

              •     public trustee and guardian.

Note 2     Terms used in this regulation have the same meaning that they have in the Electoral Act 1992

.

Explanatory note

This amendment updates notes in line with current legislative drafting practice.



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