Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE Sections 12, 14, 15,
16, 17 and 19
Section 130—
Omit the section, substitute the following section:
“130. An elector shall not vote more than once at the same referendum.
Penalty: $5,000 or imprisonment for 6 months, or both.”.
Section 132—
Omit the section.
Paragraph 134 (b)—
Omit “section 132”, substitute “the directions on it”.
Subparagraph 135 (4) (c) (i)—
Omit “section 132”, substitute “the directions on it”.
Section 155—
Omit the section.
Section 185—
Omit the section.
Section 189—
Omit the section.
Part 3
Modifications of Part XIV—Election Funding and Financial Disclosure
Section 200—
Omit the section.
Subsection 201 (2)—
Omit the subsection.
Section 217—
Omit the section.
Section 218—
Omit the section.
Section 219—
Omit the section.
Section 220—
Omit the section, substitute the following section:
“220. (1) Where a person—
(a) incurs expenditure for the purposes of a referendum during the disclosure period in relation to the referendum;
(b) uses the whole or any part of 1 or more gifts received by the person at any time to enable the person to incur expenditure for the purposes of a referendum or to reimburse that person for incurring expenditure for the purposes of a referendum; and
(c) the amount of each gift is equal to or exceeds $1,000;
the person shall, before the expiration of 15 weeks after polling day for the referendum, give the Commissioner a return in the approved form in relation to that gift or gifts.
“(2) A return shall, in relation to each gift referred to in subsection (1), specify—
(a) the amount of the gifts;
(b) the date on which it was received; and
(c) the defined details.
“(3) Subsection (1) does not apply to a person if the amount of expenditure incurred by the person for the purposes of a referendum during the disclosure period is less than $1,000.
“(4) In this section, a reference to incurring of expenditure in relation to a referendum shall be read as a reference to incurring of expenditure in relation to—
(a) publishing any matter that is intended or is likely to affect voting in a referendum (including publishing by radio or television);
(b) otherwise publishing a view on an issue in a referendum; or
(c) making a gift to a person on the understanding that the person or another person will apply, either directly or indirectly, the whole or a part of the gift in a manner referred to in paragraphs (a) and (b).
“(5) For the purposes of subsection (2), 2 or more gifts made by the same person to or for the benefit of a person to whom subsection (1) applies shall be taken to be a single gift.”.
Section 221—
Omit the section.
Section 222—
Omit the section, substitute the following section:
“222. (1) A person shall not accept a gift made for the purposes of a referendum, being a gift the amount of which equals or exceeds $200, unless—
(a) the defined details in relation to the gift are known to the person accepting the gift; or
(b) the person making the gift informs the person accepting the gift of the defined details and, at the time when the gift is made, the person accepting it has no grounds for believing that the information provided is not true.
“(2) Subsection (1) applies to gifts received at any time.
“(3) The reference in subsection (1) to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association.
“(4) For the purposes of this section, 2 or more gifts made by the same person for the purposes of a referendum shall be deemed to be a single gift.
“(5) Where a person receives a gift in contravention of subsection (1), an amount equal to the amount of the gift is payable by that person to the Territory and may be recovered by the Territory as a debt due to the Territory by that person.”.
Subsection 223 (2)—
Omit the subsection, substitute the following subsection:
“(2) A reference in this Division to a participant in a referendum shall be read as a reference to a person by whom, or with the authority of whom, referendum expenditure in relation to a referendum is incurred.”.
Subsections 224 (1) and (2)—
Omit the subsections.
Subsection 224 (3)—
Omit the subsection, substitute the following subsection:
“(3) Where referendum expenditure in relation to a referendum was incurred by or with the authority of a person, the person shall, before the expiration of 15 weeks after polling day for the referendum, give the Commissioner a return, in writing, in an approved form, specifying details of the referendum expenditure.”.
Section 225—
Omit the section.
Section 227—
Omit the section.
Subsection 236 (3)—
Omit the subsection.
Subsection 237 (1) (definition of “prescribed person”)—
Omit “, 221 (1)”.
Subsection 239 (2)—
Omit the subsection.
Subsection 239 (3)—
Omit the subsection, substitute the following subsection:
“(3) Where a person would, in the normal course of business or administration, transfer to another person a record referred to in subsection (1)—
(a) the person shall be taken not to have contravened the subsection by so transferring the record; and
(b) the person to whom the record is transferred shall retain the record for the period for which the person who transferred the record would have had to retain the record had the record not been transferred.”.
Subsection 241 (2)—
Omit the subsection.
Subsection 242 (3)—
Omit the subsection, substitute the following subsection:
“(3) A request may be made by the person who gave the return.”.
Paragraph 263 (3) (a)—
Omit “electorate to which the relevant election application relates”, substitute “Territory”.
Subparagraph 263 (9) (d) (i)—
Omit “electorate to which the election application relates”, substitute “Territory”.
Paragraphs 265 (b) and (c)—
Omit the paragraphs, substitute the following paragraphs:
“(b) declare whether a particular vote was cast in favour of, or against, a particular referendum option;
(c) declare whether a referendum ballot paper is informal; or”.
Subsection 266 (1)—
Omit “or (b)”.
Subsection 266 (2)—
Omit the subsection, substitute the following subsection:
“(2) The Court shall not make a declaration under paragraph 265 (a) on the ground of any illegal practice unless satisfied that—
(a) the result of the referendum was, or was likely to have been, affected by the illegal practice; and
(b) it is just to make the declaration.”.
Subsection 266 (3)—
Omit “(whether the Court makes a declaration under paragraph 265 (a) or (b) on that ground or not)”.
Subsection 275 (1)—
Omit “in accordance with section 101”, substitute “on a Saturday, specified by the Executive by notice in the Gazette , being not earlier than 36 days, nor later than 90 days, after the day on which the declaration was made.”.
Subsections 275 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) Where a declaration is made by the Court under paragraph 265 (b) or (c) which has the effect of altering the result of a referendum, the Commissioner shall by notice published in the Gazette set out the effect of the declaration of the Court in relation to—
(a) the number of votes in favour of each referendum option;
(b) the number of votes opposed to each referendum option; and
(c) the total number of informal ballot papers;
and declare the result of the referendum in accordance with the declaration of the Court.”.
Subsection 275 (4)—
Omit “(1), (2) or (3)”, substitute “(1) or (2)”.
Subsection 289 (1)—
Omit the subsection, substitute the following subsection:
“(1) A person shall not discriminate against another person on the ground of the making by the other person of a donation for the purposes of a referendum.
Penalty: $5,000 or imprisonment for 6 months, or both.”.
Paragraph 335 (a)—
Omit the paragraph, substitute the following paragraph:
“(a) the expiration of the period within which a referendum can be disputed; or”.
Section 341—
Omit the section.
[Presentation speech made in Assembly on 22 September 1994]
© Australian Capital Territory 2003