2006
2006
2009-07-01
act
government
publicspecial
act.reprint
act-2008-114
partuncommenced
2006-08-30
2006-08-30
1
2006
none
act-2006-068
de2ab53a-25df-4961-a7ad-8b8141fc692d
69773b91-d76a-44c9-9710-e584a03bc629
Does not include amendments
by:
Statute Law
(Miscellaneous Provisions) Act 2009 No 56 (not commenced
— to commence on 17.7.2009)
Proposed
repeal:
The Act is to be repealed by sec 5 (1) of this
Act on the day following the day on which all of the provisions of this Act
have commenced.
An Act to amend the Parliamentary Electorates and Elections Act
1912 with respect to the office and functions of the
Electoral Commissioner and other officials, redistributions of electoral
districts, the preparation, maintenance and cost of rolls of electors, the
conduct of elections, the appointment of accredited election service providers
for elections and elections under other legislation; to amend other
legislation with respect to the conduct of those elections and polls; and for
other purposes.
1Name of
Act
This Act is the Parliamentary
Electorates and Elections Amendment Act
2006.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Parliamentary Electorates and Elections Act 1912
No 41
(1)
The Parliamentary
Electorates and Elections Act 1912 is referred to in this
Act as the Principal Act.
(2)
The Principal Act is amended as set out in
Schedules 1–18.
(3)
The omission of words by Schedule 18 does not
apply to provisions or parts of provisions omitted by other
Schedules.
4Amendment of other
legislation
The Acts and other instruments listed in Schedule
19 are amended as set out in that Schedule.
5Repeal of
Act
(1)
This Act is repealed on the day following the day
on which all of the provisions of this Act have
commenced.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedules 1–4
Schedule 5Amendment of Part 3B of
Principal Act
(Section 3)
[1], [2]
[3]Section
21E
Insert after section 21D:
21EContributions from local
councils for cost of maintaining the roll
(1)
Local councils are to make contributions to the
State, in accordance with this section, in respect of amounts paid or payable
by the State to the Commonwealth under an arrangement referred to in section
21B.
(2)
The amount of a contribution payable by a local
council is to be as determined annually by the Electoral Commissioner in
accordance with the regulations. Contributions are payable only if relevant
provisions of the regulations are in force in respect of the
contributions.
(3)
The total contributions by local councils in
respect of an amount paid or payable by the State are not to exceed one-half
of that amount in or in relation to any period of 12
months.
(4)
The amount of a contribution payable by a local
council and the manner in which and the time by which it is to be paid is to
be as notified to the council by a written notice served on the council by the
Electoral Commissioner.
(5)
Any unpaid amount of a contribution payable by a
local council is recoverable from the council as a debt due to the Electoral
Commissioner as the holder of that office.
(6)
Without limiting any other provision authorising
expenditure by local councils, a local council is authorised to pay from its
funds the amount of contributions for which it is liable under this
section.
(7)
No part of the costs incurred under an
arrangement under this Part are recoverable from local councils under section
296 of the Local Government Act
1993, but otherwise nothing in this section affects the
liability of a local council under that section to meet the costs incurred by
the Electoral Commissioner and other officials in connection with an election
as defined in that Act.
(8)
A reference in this section to:
(a)
an amount payable by the State includes a
reference to an amount payable by the Electoral Commissioner or another
officer or authority of the State, and
(b)
an amount payable to the Commonwealth includes a
reference to an amount payable to the Australian Electoral Commission or
another officer or authority of the Commonwealth.
(9)
A reference in this section to:
(a)
a local council includes a reference to the Lord
Howe Island Board, and
(b)
the funds of a local council includes a reference
to money standing to the credit of the Lord Howe Island
Account.
sch 5: Am 2007 No 27,
Sch 5.
sch 6–14: Rep
2007 No 27, Sch 5.
schs 16–18: Rep
2007 No 27, Sch 5.
Schedules 6–14
Schedule 15Insertion of Part 6A into
Principal Act
(Section 3)
Part 6A
Insert after Part 6:
Part 6AAccredited election service
providers
175KAccredited election service
providers
(1)
The Electoral Commissioner may accredit persons
as accredited election service providers who are eligible to be authorised or
appointed under other Acts or statutory rules to exercise functions under
those other Acts or statutory rules in connection with the conduct of
elections, polls or other matters.
(2)
Except to the extent that such another Act or
statutory rule expressly provides otherwise:
(a)
the authorisation or appointment of an accredited
election service provider under the other Act or statutory rule may be made by
a contractual or other arrangement, and
(b)
a statutory authority or other person by or in
respect of which or whom such an arrangement is entered into is authorised to
pay, in accordance with the terms of the arrangement, for the provision of
services by the accredited election service provider in the exercise of
functions under the other Act or statutory rule, and
(c)
subject to any such arrangement, the accredited
election service provider may be assisted by employees, contractors or other
persons in the exercise of functions under the other Act or statutory
rule.
(3)
Accreditation may be conditional or
unconditional, and may be general or may be limited to particular elections,
polls or other matters or particular classes or kinds of elections, polls or
other matters.
(4)
The regulations may make provision for or with
respect to:
(a)
the accreditation of persons as accredited
election service providers and the removal of accreditation,
and
(b)
the audit of the performance of accredited
election service providers in the exercise of their functions under other Acts
or statutory rules.
(5)
The Commission is taken to be an accredited
election service provider except to the extent that the regulations otherwise
provide.
(6)
The Australian Electoral Commission is taken to
be an accredited election service provider except to the extent that the
regulations otherwise provide.
(7)
A reference in this section to the conduct of an
election or poll includes a reference to the exercise of functions as
returning officer for the election or poll.
175LMinisterial exercise of power
to authorise or appoint accredited election service
providers
(1)
If:
(a)
another Act or statutory rule provides for the
authorisation or appointment of an accredited election service provider for an
election, poll or other matter, and
(b)
the relevant Minister is satisfied that there is
or will be no provider authorised or appointed to conduct or complete the
conduct of the election, poll or other matter,
the relevant Minister may, by instrument in writing,
exercise the power to authorise or appoint an accredited election service
provider for the election, poll or other matter.
(2)
In this section:
relevant
Minister, in relation to an election, poll or other matter
under an Act or statutory rule, means:
(a)
the Minister administering the Act or the Act
under which the statutory rule was made or has effect, or
(b)
the Minister administering this
Act.
175MPowers of authorisation or
appointment imply additional powers
(1)
Without limiting anything in the Interpretation Act 1987, section 47 of
that Act applies, with any necessary modifications, to the power conferred by
another Act or statutory rule to authorise or appoint a person to conduct an
election, poll or other matter in the same way as it applies to a power to
appoint a person to an office.
(2)
Subsection (1) extends to a power exercisable by
a Minister under section 175L.
(3)
This section has effect subject to a contrary
intention appearing in the other Act or statutory rule
concerned.
Note—
Section 47 of the Interpretation
Act 1987 provides that a power to appoint may be exercised
from time to time and implies other powers, including the power to remove an
appointed person.
Schedules 16–18
Schedule 19Amendment of other
legislation
(Section 4)
19.1Agricultural Industry Services Act 1998 No
45
Section 32J Special provisions
for polls relating to extra-territorial committees
Omit “The Minister may authorise the
Electoral Commissioner or a person appointed by the Electoral
Commissioner” from section 32J (1).
Insert instead “The Minister may authorise
an accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912)”.
19.2Agricultural Industry Services (Polls and Elections)
Regulation 2005
[1]Clause 3
Definitions
Omit the definition of returning officer from clause 3 (1).
Insert instead:
returning
officer, in relation to a poll or election, means an
accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) appointed by the appropriate officer to exercise the
functions conferred or imposed on a returning officer by this
Regulation.
[2]Clauses 16 (a) and 44
(a)
Omit “or that bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” wherever occurring.
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clauses 23 (4) (a) and 50 (4)
(a)
Omit the paragraphs. Insert instead:
(a)
it is not initialled by the returning officer (or
a person authorised by the returning officer),
or
19.3Architects Regulation
2004
[1]Schedule 2 Election of Board
members
Omit the definition of returning
officer from clause 1 (1). Insert instead:
returning
officer means an accredited election service provider
(referred to in Part 6A of the Parliamentary
Electorates and Elections Act 1912) appointed by the Board
for the purpose of exercising the functions conferred or imposed on a
returning officer by this Regulation.
[2]Schedule 2, clause 15
Distribution of ballot-papers
Omit “or that bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 15 (a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Schedule 2, clause 21 Scrutiny
of votes
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 21 (2) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.4Banana Industry Regulation
2003
[1]Clause 5
Omit the clause. Insert instead:
5Returning
officer
The Committee may appoint an accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) as the returning officer for the purposes of any
election, poll or class of polls.
[2]Clauses 15 (a) and 41
(a)
Omit “or that bears a mark prescribed for
the purposes of section 122A (3) of the Parliamentary
Electorates and Elections Act 1912” wherever
occurring.
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clauses 21 (2) (a) and 48 (2)
(a)
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” wherever occurring.
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.5Dental Practice Regulation
2004
Clause
12
Omit the clause. Insert instead:
12Returning
Officer
The Board may appoint an accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) to be the Returning Officer at an
election.
19.6
19.7Electronic Transactions Regulation
2001
Clause 4 Certain laws excluded
from section 7 (1) of the Act
Insert “or by an accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912)” after “Electoral
Commissioner”.
19.8Fisheries Management (General) Regulation
2002
[1]Clause 374
Definitions
Omit the definition of returning
officer. Insert instead:
returning
officer means an accredited election service provider
(referred to in Part 6A of the Parliamentary
Electorates and Elections Act 1912) nominated by the
Director for the purpose of exercising the functions of a returning
officer.
[2]Clause 392 Scrutiny of
votes
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 392 (1) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.9
19.10Industrial Relations Act 1996 No
17
Section 172 Power to order
secret ballot
Omit “the Electoral Commissioner”
from section 172 (6) (b).
Insert instead “an accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912)”.
19.11Institute of Teachers Regulation
2005
[1]Clause 17 Designation of
returning officer
Omit “The Electoral Commissioner of New
South Wales, or a person or body approved by the Electoral Commissioner of New
South Wales”.
Insert instead “An accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) appointed by the
Institute”.
[2]Clause 40 Information
concerning government school teachers
Omit the clause.
19.12
19.13Marketing of Primary Products Regulation
2005
[1]Clause 3
Definitions
Omit the definition of returning officer from
clause 3 (1). Insert instead:
returning
officer means an accredited election service provider
(referred to in Part 6A of the Parliamentary
Electorates and Elections Act 1912) appointed by the
Director-General for the purpose of exercising the functions conferred or
imposed on a returning officer by this Regulation.
[2]Clause 18 Distribution of
ballot-papers
Omit “or that bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 18 (a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clauses 24 (2) (a) and 51 (2)
(a)
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” wherever occurring.
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
[4]Clause 45 Distribution of
ballot-papers
Omit “or that bears a mark prescribed for
the purposes of section 122A (3) of the Parliamentary
Electorates and Elections Act 1912” from clause 45
(a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
19.14Nurses and Midwives Regulation
2003
[1]Clause 3
Definitions
Omit the definition of returning officer from
clause 3 (1). Insert instead:
returning
officer means an accredited election service provider
(referred to in Part 6A of the Parliamentary
Electorates and Elections Act 1912) appointed by the Board
for the purpose of exercising the functions of a returning officer for an
election.
[2]Clause 20 Distribution of
ballot-papers
Omit “or that bears a mark prescribed for
the purposes of section 122A (3) of the Parliamentary
Electorates and Elections Act 1912” from clause 20
(a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clause 26 Scrutiny of
votes
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 26 (2) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.15Pharmacy (Elections) Regulation
1998
[1]Clause 4
Omit the clause. Insert instead:
4Returning
officer
The Pharmacy Board may appoint an accredited
election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) to be the returning officer for the purposes of this
Regulation.
[2]Clause 14 Distribution of
ballot-papers
Omit “or that bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 14 (a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clause 20 Scrutiny of
votes
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 20 (2) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.16Physiotherapists Regulation
2002
Clause 9
Omit the clause. Insert instead:
9Returning
Officer
The Board may appoint an accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) to be the Returning Officer at an
election.
19.17Ports
and Maritime Administration Act 1995 No
13
Section 18 Special provision
for election of staff director
Omit section 18 (5). Insert instead:
(5)
An accredited election service provider (referred
to in Part 6A of the Parliamentary Electorates and
Elections Act 1912) appointed by a Port Corporation is to
be the returning officer in relation to the Port Corporation and has all the
functions conferred on the returning officer by the regulations under this
section.
19.18Ports Corporatisation (Staff Director Elections) Regulation
2002
[1]Clause 15 Distribution of
ballot-papers
Omit “or that bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 15 (a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[2]Clause 21 Scrutiny of
votes
Omit “nor bears a mark prescribed as an
official mark for the purpose of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 21 (2) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.19Poultry Meat Industry Regulation
2003
[1]Clause 3
Definitions
Omit the definition of returning officer from
clause 3 (1). Insert instead:
returning
officer means an accredited election service provider
(referred to in Part 6A of the Parliamentary
Electorates and Elections Act 1912) appointed by the
Poultry Meat Industry Committee for the purpose of exercising the functions of
a returning officer for an election.
[2]Clause 31 Distribution of
ballot-papers
Omit “or that bears a mark prescribed for
the purposes of section 122A (3) of the Parliamentary
Electorates and Elections Act 1912” from clause 31
(a).
Insert instead “or that bears a mark
authorised by the Electoral Commissioner”.
[3]Clause 37 Scrutiny of
votes
Omit “nor bears a mark prescribed as an
official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act
1912” from clause 37 (2) (a).
Insert instead “nor bears a mark authorised
by the Electoral Commissioner”.
19.20, 19.21
19.22Rice
Marketing Act 1983 No 176
[1]Sections 39 (2), 40 (2), 101
(2) and 102 (2)
Omit “The Electoral Commissioner for New
South Wales, or a person employed in the office of and nominated by the
Electoral Commissioner,” wherever occurring.
Insert instead “An accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) appointed by the
Director-General”.
[2]Section 107 Payment of costs
and expenses
Omit section 107 (1). Insert instead:
(1)
The costs and expenses of any poll or election
under this Act taken or held with respect to:
(a)
a board or committee, or
(b)
the primary product in respect of which a board
or committee is or may be constituted,
are to be paid by the board or committee to the
accredited election service provider concerned in accordance with the contract
or other arrangement entered into with the provider in connection with the
poll or election.
[3]Section 107 (3) and
(4)
Omit the subsections. Insert instead:
(3)
Any amount required to be paid under subsection
(2) is to be paid within such period as is specified in the notice or such
further period as the Minister may allow.
(4)
The costs and expenses referred to in subsection
(1) are, if the board or committee is non-existent or not functioning, to be
met by the Minister from money available for the
purpose.
19.23Rural Lands Protection (General) Regulation
2001
Schedule 2
Elections
Insert at the end of the definition of returning
officer in clause 1:
Without limiting paragraph (a) or (b), an
accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) may be appointed or determined to be the returning
officer.
19.24, 19.25
19.26Sydney Cricket Ground and Sydney Football Stadium By-law
2004
Clause 51 Returning
Officer
Omit clause 51 (2). Insert instead:
(2)
Without limiting subclause (1), an accredited
election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) may be appointed under that
subclause.
19.27Water
Management Act 2000 No 92
Schedule 5 Constitution and
procedure of water supply authorities
Omit “The Electoral Commissioner for New
South Wales, or a person employed in the office of and nominated by the
Electoral Commissioner, is to be the returning officer for an election”
from clause 2 (3).
Insert instead “An accredited election
service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) appointed by a water supply authority is to be the
returning officer for an election in relation to the water supply
authority”.
19.28Water Management (General) Regulation
2004
[1]Clause 56 Returning officer
for election of members of a private water trust or directors of a private
drainage board
Insert after clause 56 (2):
(3)
Without limiting subclause (1), an accredited
election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) may be appointed as the returning officer for an
election.
[2]Clause 57 Returning officer
for election of members of a private irrigation board
Insert after clause 57 (3):
(4)
Without limiting subclause (1) or (2), an
accredited election service provider (referred to in Part 6A of the Parliamentary Electorates and Elections Act
1912) may be appointed as the returning officer for an
election referred to in either subclause.
sch 19: Am 2006 No
84, Sch 2.11; 2007 No 27, Sch 5; 2007 No 82, Sch 1.16; 2008 No 114, Sch
3.5.
Historical
notes
Table of amending
instruments
Parliamentary
Electorates and Elections Amendment Act 2006 No 68. Second
reading speech made: Legislative Assembly, 30.8.2006; Legislative Council,
26.9.2006. Assented to 5.10.2006. Date of commencement (Sch 5 [3], Sch 15 and
Sch 19.1–19.5, 19.7–19.11, 19.13–19.19, 19.22–19.24
and 19.26–19.28 excepted), 20.10.2006, sec 2 and GG No 124 of
20.10.2006, p 8781; date of commencement of Sch 5 [3], Sch 15 and Sch
19.1–19.5, 19.7–19.11, 19.13–19.19, 19.22–19.24 and
19.26–19.28: not in force. This Act has been amended as follows:
2006
No
84
Ports
Corporatisation and Waterways Management Amendment Act
2006. Assented to 30.10.2006.
Date of commencement, assent, sec
2.
2007
No
27
Statute Law
(Miscellaneous Provisions) Act 2007. Assented to
4.7.2007.
Date of commencement of Sch 5, assent, sec 2
(1).
No
82
Statute Law
(Miscellaneous Provisions) Act (No 2) 2007. Assented to
7.12.2007.
Date of commencement of Sch 1, assent, sec 2
(2).
2008
No
114
Statute Law
(Miscellaneous Provisions) Act (No 2) 2008. Assented to
10.12.2008.
Date of commencement of Sch 3, assent, sec 2
(2).
Table of
amendments
Schs
1–4
Rep 2007 No
27, Sch 5.
Sch
5
Am 2007 No
27, Sch 5.
Schs
6–14, 16–18
Rep 2007 No
27, Sch 5.
Sch
19
Am 2006 No
84, Sch 2.11; 2007 No 27, Sch 5; 2007 No 82, Sch 1.16; 2008 No 114, Sch
3.5.