Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Technical amendments
(see s 3)
Part 2.1 Electoral Act 1992
[2.1] Sections 7 (1) (i) and 11
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another Territory law
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another territory law
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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or another Territory
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This amendment updates language in line with current legislative drafting practice.
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Commonwealth, a State or another Territory
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Commonwealth or a State
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This amendment updates language in line with current legislative drafting practice.
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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)
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Commonwealth, a State or another Territory
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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)
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or another Territory
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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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)
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he or she
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the chairperson
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.9] Section 33 (3)
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he or she becomes
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they become
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.10] Sections 33B (1) and 33C (1)
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another Territory law
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another territory law
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.11] Section 40 (2)
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he or she
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the commissioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.12] Section 48 (2)
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he or she
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the chairperson
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.13] Section 57 heading
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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)
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(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)
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Territory authority
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territory authority
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.16] Section 74 (3) (b)
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he or she does not
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they do not
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This amendment updates language in line with current legislative drafting practice.
[2.17] Section 76 (5) (a)
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he or she
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the claimant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.18] Section 77 (2)
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his or her
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the elector's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.19] Sections 77 (4) and 81 (6)
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he or she
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the commissioner
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.20] Section 86
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Territory law
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territory law
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.21] Section 103 (2) (a) (ii)
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or another Territory
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.22] Section 103 (2) (b) (i)
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Commonwealth, a State or another Territory
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Commonwealth or a State
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.23] Section 103 (2) (b) (ii)
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(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
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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)
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he or she
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the nominee
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This amendment updates language in line with current legislative drafting practice.
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his or her
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the nominee's
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This amendment updates language in line with current legislative drafting practice.
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his or her
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their
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This amendment updates language in line with current legislative drafting practice.
[2.28] Section 118A (2) (d) and (3) (b) (i)
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his or her
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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he or she
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they
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.30] Sections 129 and 132 (1)
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his or her
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the elector's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
before
claims
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the person
Explanatory note
This amendment corrects a typographical error by inserting missing words.
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he or she has
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they have
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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the person's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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he or she has
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they have
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This amendment updates language in line with current legislative drafting practice.
[2.35] Section 135 (4) (c) (i)
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his or her
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the person's
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This amendment updates language in line with current legislative drafting practice.
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he or she
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the elector
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This amendment updates language in line with current legislative drafting practice.
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subsection (2)
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subsection (3)
Explanatory note
This amendment corrects a cross-reference.
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he or she
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the former MLA
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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(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)
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he or she
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the applicant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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their
[2.42] Section 198, definition of registered industrial organisation
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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)
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he or she
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they
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.44] Section 204 (3) and (4)
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his or her
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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(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.
omit
Explanatory note
This amendment omits a redundant definition.
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his or her
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.48] Section 230 (6) and (7)
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his or her
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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he or she
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the magistrate
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This amendment updates language in line with current legislative drafting practice.
[2.50] Sections 238 (6) (b) and 239 (1)
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he or she
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the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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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.
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his or her
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this
Explanatory note
This amendment corrects a typographical error.
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his or her
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the applicant
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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he or she
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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the person's
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This amendment updates language in line with current legislative drafting practice.
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he or she
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the person
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This amendment updates language in line with current legislative drafting practice.
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he or she
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the employee
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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(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)
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he or she is
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they are
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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the elector's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.61] Section 299 (2) and (3)
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Territory authority
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territory authority
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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(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.
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he or she shall sign it with his or her
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the person must sign it with their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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the person's
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.65] Section 315 (1) (b) and (c)
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he or she
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the person
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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(d) the person is able to sign their own name.
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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himself or herself
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themself
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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him or her
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the officer
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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their
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.70] Sections 321 (1) and 322 (1)
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another Territory law
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another territory law
Explanatory note
This amendment updates language in line with current legislative drafting practice.
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his or her
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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
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him or her
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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
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he or she
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the former MLA
Explanatory note
This amendment updates language in line with current legislative drafting practice.
[2.74] Schedule 4, clause 14 (2)
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him or her
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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
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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
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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
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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.