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Constitutional Convention (Election) Act 1997
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C2004A05221
15 September 1997
-
14 September 1999
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Part 1—Preliminary
1 Short title
2 Commencement
3 Act extends to Norfolk Island
4 Act to bind Crown
5 Identifying defined terms
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Part 2—Overview of election process
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Division 1—General
6 Purpose of Act
7 Number of delegates to be elected from each State and Territory
8 Who can vote
9 List of electors
10 One vote
11 Voting is voluntary
12 Voluntary voting not a precedent for any Parliamentary election or referendum
13 Electoral Commission to run election
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Division 2—Timetable for elections
14 Minister to fix timetable for elections
15 Date for close of Rolls
16 Date of nomination
17 Date of notice of results
18 Electoral Commissioner to advertise election
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Division 3—Administration
19 AEO for the Australian Capital Territory
20 Electoral Commissioner may direct officers
21 Divisional Returning Officers
22 Employment of temporary staff
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Part 3—The nominations
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Division 1—Nominations
23 Candidate must nominate in order to be elected
24 Qualifications for election and nomination
25 Persons not entitled to nominate
26 Multiple nominations prohibited
27 Mode of nomination
28 To whom nominations made
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Division 2—Requests for group and candidate names
29 Grouping of candidates in list of candidates
30 Notification of group name
31 Notification of candidate name
32 Requests involving certain names to be refused
33 Combined request and nomination
34 Combined requests
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Division 3—Candidate statements
35 Group and candidate statements
36 Requirements for statements
37 Alteration of statements after submission
38 Printing of statements
39 Electoral Commission not to be liable
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Division 4—Formal requirements of nomination etc.
40 Requisites for nomination
41 Form of consent to act
42 Rejection of nominations and requests
43 Place of nomination
44 Hour of nomination
45 Declaration of nominations
46 Withdrawal of nomination
47 Return of fee in case of candidate’s death
48 Proceedings on nomination day
49 Death of candidate after nomination
50 Failure of election
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Part 4—Preparation for the polling
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Division 1—The poll
51 Arrangements for polling
52 Participation by candidates in conduct of election
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Division 2—Ballot-paper and list of candidates
53 Ballot-papers
54 Official mark
55 Printing of list of candidates
56 Printing of ballot-papers
57 Form of candidate’s name and other material on ballot-paper and list of candidates
58 Determination of candidate numbers
59 Determination of order of names
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Division 3—Voting tickets
60 Group voting tickets
61 Individual voting tickets
62 Voting tickets to be displayed
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Part 5—Voting
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Division 1—Distribution of voting material and candidate statements
63 Meaning of voting material
64 Meaning of appropriate DRO
65 Issue of voting materials to electors
66 Issue of candidate statements
67 Request for voting material
68 Record of issue of voting material on request to be kept
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Division 2—How voting is done
69 Requirements for voting
70 Marking votes in an election
71 Votes by overseas electors may be given to overseas Assistant Returning Officer
72 Votes to be received before the close of the poll
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Division 3—Procedure for dealing with votes received
73 Undertaking by officers and scrutineers
74 Procedure for dealing with vote certificates, ballot-papers etc.
75 Forwarding of certificate envelopes
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Part 6—Special provisions relating to the polling in Antarctica
76 Meaning of station
77 Antarctic Returning Officers and Assistant Antarctic Returning Officers
78 Antarctic electors
79 Arrangements for the polling in Antarctica
80 Ballot-papers to be initialled
81 The polling in Antarctica
82 Entitlement of Antarctic electors to vote
83 Questions to be put to voter at Antarctic station
84 Right of Antarctic elector to receive ballot-paper
85 Issue of ballot-paper to be recorded
86 Votes to be marked in private
87 Assistance to certain voters
88 Spoilt ballot-papers
89 Proceedings by Antarctic Returning Officer on close of poll
90 Result of the polling in Antarctica
91 Preservation of ballot-papers etc.
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Part 7—The scrutiny
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Division 1—General
92 Scrutiny
93 Scrutineers
94 Presence of scrutineers
95 Scrutiny may be adjourned
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Division 2—Preliminary scrutiny
96 Preliminary scrutiny
97 Rules for conduct of preliminary scrutiny
98 Preliminary scrutiny may be adjourned
99 Correction of formal errors
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Division 3—Further scrutiny
100 Further scrutiny after close of poll
101 Conduct of further scrutiny
102 Computerised scrutiny of votes
103 Scrutiny prior to receipt of ballot-papers
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Division 4—Rules for formality of votes etc.
104 Action on objections to ballot-papers
105 Informal ballot-papers
106 Ballot-papers marked on both Part A and Part B
107 Ballot-papers marked on Part A
108 Ballot-papers marked on Part B
109 Errors not to forfeit vote
110 Vote not informal merely because candidate dies
111 Mistakes
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Division 5—Recount and disputed votes
112 Recount
113 Conduct of recount
114 Powers of officer conducting recount
115 Reservation of disputed ballot-papers
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Part 8—Notice of election results etc.
116 Notice of election results
117 Notice of recount results
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Part 9—Casual vacancies
118 Casual vacancy to be filled under this Part
119 Candidate from same group may be declared elected
120 Chairman may appoint or otherwise fill vacancy
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Part 10—Electoral offences
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Division 1—Interpretation
121 Interpretation
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Division 2—Duties of officers
122 Officers and scrutineers to observe secrecy
123 Officers not to mark ballot-papers so that voter can be identified
124 Officers not to influence vote
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Division 3—Offences relating to the printing and publishing of electoral advertisements etc.
125 Printing and publication of electoral advertisements, notices etc.
126 Misleading or deceptive publications etc.
127 Heading to electoral advertisements
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Division 4—Offences relating to electoral papers
128 Signature to electoral paper
129 Witnessing electoral papers
130 Forging or uttering electoral papers
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Division 5—Offences relating to ballot-papers and vote applications
131 Unlawfully marking ballot-papers
132 Offence in respect of voting
133 Failure to post or deliver certificate envelope
134 Failure to post or deliver request for voting material
135 Inducing elector to hand over marked ballot-paper
136 Opening of ballot-paper
137 Other offences relating to ballot-papers etc.
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Division 6—Other offences
138 Influencing votes of hospital patients etc.
139 Bribery
140 Interference with political liberty etc.
141 False statements in relation to Rolls or lists of electors
142 Protection of the official mark
143 Control of behaviour at counting centres
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Division 7—Proceedings for offences
144 Prosecution of offences
145 Certificate evidence
146 Evidence of authorship or authorisation of material
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Part 11—Disputed returns and elections
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Division 1—Interpretation
147 Interpretation
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Division 2—Disputing elections or returns
148 Method of disputing elections or returns
149 Appeals
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Division 3—Petitions
150 Requisites of petition
151 Deposit to be paid
152 Petition by Electoral Commission
153 No proceedings unless requirements complied with
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Division 4—Proceedings on petitions
154 Right of Electoral Commission to be represented
155 Representation of parties before Court
156 Inquiries by Court
157 Powers of Court
158 Prompt resolution of disputes
159 Expedited hearing of petitions
160 Real justice to be observed
161 Provision for Court to have regard to certain rejected ballot-papers
162 Immaterial errors not to vitiate election
163 Errors relating to printing of ballot-papers
164 Evidence that person not permitted to vote
165 Voiding election for illegal practices etc.
166 Costs
167 Effect of decision
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Division 5—Other matters relating to the Court and declarations of the Court
168 Court to report cases of illegal practices
169 Right of Electoral Commission to have access to documents
170 Procedure on a recount of votes
171 Power to make Rules of Court
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Part 12—Miscellaneous
172 Correction of errors
173 Extension of time for holding elections
174 Extension of time for acts by officers
175 Delegation by Electoral Commission
176 Delegation by Electoral Commissioner
177 Injunctions
178 Electoral matters to be sent free by post
179 Collection of statistical information
180 Preservation of documents
181 Minister’s notice not a legislative instrument
182 Regulations
183 Repeal
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Schedule 1—Dictionary
1 Definitions
