1Short title
This Act may be cited as the Constitutional Convention (Election)
Act 2011.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Constitutional Convention (Election)
Act 2011.
The object of this Act is to make necessary and other related provisions for the election of delegates to the Constitutional
Convention.
Division 2 Interpretation
In this Act:
approved form, see section 187.
authorised officer means an officer authorised by the Commission for the provision in which that expression occurs.
authorised witness means:
(a) in Australia or an external Territory – an officer or person enrolled on a Roll under the Commonwealth Act; or
in another place – a person who is at least 18 years old.
ballot paper includes a declaration ballot paper.
campaign material, see section 144.
candidate means a candidate at the election.
candidate square, see section 26(2)(c).
certified list of voters means a list of electors prepared and certified under section 28.
close of polling, see section 13.
close of roll, see section 10.
Commission means the Northern Territory Electoral Commission established by section 307 of the Electoral Act 2004.
Commissioner means the Electoral Commissioner mentioned in section 314 of the Electoral Act 2004.
Commission's office means the Commission's office in Darwin or Alice Springs.
Commonwealth Act means the Commonwealth Electoral Act 1918 (Cth).
Constitutional Convention means the statehood Constitutional Convention for the Territory.
Court of Disputed Returns means the Court of Disputed Returns:
established by section 232 of the Electoral Act 2004; and
constituted in accordance with section 233 of that Act.
declaration ballot paper:
(a) for Part 3, Division 3, Subdivision 1 – see section 38(1); or
(b) for Part 3, Division 3, Subdivision 2 – see section 40(1) or (2); or
for Part 3, Division 4 – see section 46(1)(b); or
(d) for Part 3, Division 5 – see section 55(2) or 57(2); or
(e) for any other provision – means a declaration ballot paper mentioned in paragraph (a), (b), (c) or (d) (as appropriate).
declaration envelope means an envelope in which a declaration ballot paper is placed under section 39(2)(c), 41(2)(c), 51(4)(b), 56(2)(b) or 58(2)(c).
declaration vote means a vote cast under Part 3, Division 3, 4 or 5.
declaration voting papers means the following:
(a) a declaration ballot paper issued under section 38(1), 40(1) or (2), 46(1)(b), 55(2) or 57(2);
a declaration envelope;
(c) for a declaration ballot paper issued under 40(1) or (2), or 57(2) – a declaration under section 40(1)(c) or (2)(c) or 57(1)(e) (as appropriate).
delegate means:
an ordinary delegate; or
a reserve delegate.
distribute means print, publish, produce or disseminate.
division means a division as defined in section 3 of the Electoral Act 2004.
early voting centre means an early voting centre appointed under section 29(1)(a).
election means the election of the delegates to the Constitutional Convention.
election period means the period:
starting at the start of the nomination period; and
ending on the polling day.
elector, see section 14(2).
electoral advertisement means an advertisement containing electoral matter (including an advertisement on an electronic billboard, digital road sign or any other similar device), whether or not consideration was given for its publication.
electoral article, see section 149(6).
electoral matter, see section 143.
electoral paper means a document provided for or required under this Act.
enrolled, for a person, means the person's name is on the roll.
enrolled division, for an elector, means the division for which the elector is enrolled as mentioned in section 15(5)(a).
entitled to be enrolled, see section 18(6).
extract means an extract from the roll prepared under section 16.
formal, for a ballot paper, means the ballot paper is not informal or has not been spoilt or discarded.
informal, for a ballot paper, means the ballot paper is informal under section 75.
infringement notice, see section 178.
infringement notice offence, see section 177(1).
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
mobile polling period, see section 12.
mobile polling place means a polling place declared under section 61 for a division, and includes a substituted place under section 62.
newspaper means a newspaper published or distributed in the Territory.
nomination day, see section 11(1).
nomination period, see section 11(2).
officer means an officer appointed under section 185.
officer in charge, for a polling place or scrutiny centre, means an officer appointed to be the officer in charge of the polling place or scrutiny centre under section 185(2).
ordinary delegate, see section 6(2).
ordinary vote means a vote other than a declaration vote.
polling day, see section 9(1).
polling hours means:
(a) for a polling place other than an early voting centre or mobile polling place – from 8 am until 6 pm on the polling day; or
(b) for an early voting centre – the hours decided under section 53(1)(b) for voting at early voting centres; or
(c) for a mobile polling place – the hours specified under section 61(2)(b) for the place, and includes the hours as changed under section 62(1).
polling place means:
a polling place appointed under section 29(1)(b), and includes:
(i) the area adjacent to a polling place designated by a notice erected by the officer in charge of the polling place during the period the notice is displayed; and
(ii) the area designated by a notice erected by an authorised officer at a mobile polling place during the period the notice is displayed; or
an early voting centre.
postal ballot box means a ballot box for a division as mentioned in section 93(2).
postal ballot paper means a declaration ballot paper issued under section 46(1)(b).
postal vote means a declaration vote for which postal voting papers are issued under section 46.
postal vote certificate means the certificate issued under section 46(1)(a).
postal voting papers means a postal vote certificate and postal ballot paper.
prescribed amount, see section 177(2).
public notice means public notice as mentioned in section 192.
publish includes publish or broadcast by radio, television, Internet, telephone or other means.
region means a region declared under section 53(1)(a).
registered postal voter, see section 42(4).
reserve delegate, see section 6(3).
roll means the roll compiled under section 15.
scrutineer means a person appointed under section 31 to represent a candidate.
scrutiny centre means a place appointed under section 29(1)(c) for scrutiny at the election.
suppressed, for a person's address, means the person's address is not included in the extract:
as provided in section 16(3); or
because of a regulation made under section 195(2).
vacancy means a vacancy in the position of delegate for a division.
voter's question, see section 35.
Division 3 Application of Act
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Part 2 General rules about election
Division 1 Role of
Commission
The Commission must conduct the election in accordance with this Act.
Division 2 Key provisions
Subdivision 1 Delegates to
Constitutional Convention
Three delegates are to be elected for each division, comprising:
two ordinary delegates; and
one reserve delegate.
(2) An ordinary delegate is a delegate who is elected as an ordinary delegate.
(3) A reserve delegate is a delegate who is elected as a reserve delegate.
Note for section 6
For the way in which ordinary delegates and reserve delegates are elected, see clause 14(5) of the Schedule. See also sections 24(1) and 109(5) and (6).
An ordinary delegate may vote on a motion in the Constitutional
Convention except as otherwise provided by the rules adopted by the
Convention.
A reserve delegate may participate in the Constitutional
Convention as provided by the rules adopted by the Convention.
A reserve delegate may take the place of an ordinary delegate elected from the reserve delegate's division in the Convention as provided by the rules adopted by the Convention.
Subdivision 2 Timetable for election
The polling day is the day declared by the
Minister by Gazette notice to be the polling day.
To avoid doubt, the declaration must be made before the start of the nomination period.
The close of roll is 5 pm on the day that is 32 days before the polling day.
(1) The nomination day is the day that is 23 days before the polling day.
The nomination period is the period:
(a) starting on the day that is 57 days before the polling day; and
ending at 12 noon on the nomination day.
Note for section 11
The nomination of a candidate may be made only during the nomination period (see section 19).
The mobile polling period, for the election, is the period:
(a) starting on a day declared by the Commission by public notice; and
ending at 6 pm on the polling day.
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