Electoral Act 1992

This Act is the Electoral Act 1992.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘electoral matter—see section 4 (Meaning of electoral matter).’ means that the expression ‘electoral matter’ is defined in that section and the definition applies to the entire Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 143 (Soliciting applications for postal declaration votes)

 s 222G (Ban on gifts from property developers etc—$250 or more)

 s 222I (Ban on acceptance of gifts from property developers etc—$250 or more)

 s 222O (Ban on gifts given by or on behalf of foreign entities—$250 or more)

 s 222Q (Ban on acceptance of gifts given by or on behalf of foreign entities—$250 or more)

 s 236 (Offences)

 s 292 (Dissemination of unauthorised electoral matter)

 s 296 (Advertorials)

 s 297A (Misleading electoral advertising)

 s 315A (Ballot papers—photographs)

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this Act include the following:

to recognise, promote and protect the right and opportunity of every elector to—

take part in the conduct of public affairs, directly or through freely chosen representatives; and

vote, and be elected, at periodic elections that guarantee the free expression of the will of the electors; and

have access, on general terms of equality, for appointment to public office;

to promote public awareness of the electoral system and its role in supporting participation in the political process;

to enhance equality of opportunity for participation in the political process;

to establish, and promote compliance with, a fair and transparent electoral funding, expenditure and financial disclosure scheme;

to help prevent corruption and undue influence in institutions of government and public administration in the Territory;

to provide for the effective administration of public funding of elections, recognising the importance of the appropriate use of public revenue for that purpose;

to establish an independent electoral commission, made up of independent officers of the Legislative Assembly, with functions that include—

promoting the objects of this Act; and

administering this Act; and

conducting elections.

In this Act, electoral matter is matter, in printed or electronic form, that is intended or likely to affect voting at an election.

Without limiting subsection (1), matter is taken to be intended or likely to affect voting at an election if it contains an express or implicit reference to, or comment on—

the election; or

the performance of the Government or Opposition, or a previous Government or Opposition; or

the performance of an MLA or former MLA; or

the performance of a political party, candidate or group of candidates in the election; or

an issue submitted to, or otherwise before, the electors in relation to the election.

However, a publication of the Assembly (including a committee of the Assembly) is not electoral matter.

If a provision of this Act requires the commissioner to make a document, a copy of a document or a register available for public inspection, the commissioner must make the document, a copy or register available for inspection by members of the public at the commissioner’s office during ordinary business hours.

The Australian Capital Territory Electoral Commission is established.

The electoral commission consists of—

the chairperson; and

the commissioner; and

1 other member.

A member of the electoral commission is an independent officer of the Legislative Assembly.

The functions, powers, rights, immunities and obligations of the member of the electoral commission are as stated in this Act and any other law in force in the ACT.

Note A law in force in the ACT includes a territory law and a Commonwealth law.

There are no implied functions, powers, rights, immunities or obligations arising from the member of the electoral commission being an independent officer of the Legislative Assembly.

The powers of the Legislative Assembly to act in relation to the member of the electoral commission are as stated in this Act and any other law in force in the ACT.

In subsection (4):

Legislative Assembly includes—

the members of the Legislative Assembly; and

the committees of the Legislative Assembly.

There are no implied powers of the Legislative Assembly arising from the member of the electoral commission being an independent officer of the Legislative Assembly.

Subject to this Act and to other territory laws, a member of the electoral commission has complete discretion in the exercise of the member’s functions.

The electoral commission has the following functions:

to advise the Assembly on matters relating to elections;

to consider, and report to the Assembly on, matters relating to elections referred to it by the Assembly;

to promote public awareness of matters relating to elections and the Assembly by conducting education and information programs and by any other means it chooses;

to provide information and advice on matters relating to elections to—

the Assembly; and

the Executive; and

the head of service; and

directors-general; and

statutory office-holders; and

territory authorities; and

territory instrumentalities; and

political parties; and

MLAs; and

candidates at elections;

to conduct and promote research into matters relating to elections or other matters relating to its functions;

to publish material on matters relating to its functions;

to provide, on payment of the determined fee (if any), goods and services to persons or organisations, to the extent that it is able to do so by using information or material in its possession or expertise acquired in the exercise of its functions;

to conduct ballots for prescribed persons and organisations;

to exercise any other function given to it under this Act or another territory law.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).

The commission may exercise any of its functions under subsection (1) (a) to (f) in conjunction with the Australian Electoral Commission.

In this section:

election includes a referendum and any other ballot.

The electoral commission may give to the Speaker a report on anything relating to elections, referendums or other ballots.

If the Speaker receives a report that is expressed to be given to the Speaker under subsection (1), the Speaker must present a copy of the report to the Legislative Assembly on the next sitting day after the day the Speaker receives it.

The Minister must present a written response to the report to the Legislative Assembly within 3 months after the day the report was presented to the Legislative Assembly.