Electoral Act 2004

This

Act may be cited as the Electoral Act 2004.

The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette.

Part

2 Interpretation and application

(1) A

gift means any disposition of property made by a person to someone else without consideration in money or money's worth or with inadequate consideration, and includes providing a service for no consideration or for inadequate consideration, but does not include:

(a) a disposition of property by will; or

(b) an annual subscription paid to a registered party by a person for the person's membership of the party; or

(c) volunteer labour provided by a person that is:

(i) conducted outside the person's normal working hours or while the person is on leave; and

(ii) not remunerated.

(2) Despite subsection (1), a gift to a candidate does not include a gift:

(a) made in a private capacity to the candidate for the candidate's personal use; and

(b) that the candidate has not used, and will not use, solely or substantially for a purpose related to an election.

(3) Despite subsection (1), a gift to a third party campaigner only includes gifts that are:

(a) specified by the donor to be used for political expenditure; or

(b) reasonably believed by the campaigner to be intended by the donor to be used for political expenditure.

(4) For subsection (1), (2) or (3) the regulations may:

(a) prescribe matters relating to methods or processes for determining the value of a gift; and

(b) broaden or narrow the definition of gift.

(1) An election is an election for an MLA.

(2) An election may be held alone, at the same time as another election or as part of a general election.

(3) A general election is an election for all MLAs.

(1) If a provision of this Act requires public notice to be given by the

Commission or Commissioner about a matter, notice about the matter must be published in a newspaper circulating:

(a) generally throughout the Territory; or

(b) if the matter relates only to a particular division, in the division.

(2) This section does not prevent the Commission or Commissioner from giving notice about the matter in another way (including for example, by radio or television broadcast).

(3) However, if under a provision of this Act, a stated period after publication of a notice is required or allowed for a matter, the period starts on the date the notice is first published under subsection (1).

(1) If a provision of this Act requires an entity to make a document or copy of a document available for public inspection, the entity must make the document or copy available for inspection by members of the public during ordinary business hours at the Commission's office.

(2) The entity may also make the document or copy available for public inspection at the other places in the Territory the entity considers appropriate.

(3) The right of inspection does not give any right to copy the document or a

part of it unless otherwise expressly provided.

(1) Electoral matter is matter, in printed or electronic form, that is intended or likely to affect voting at an election.

(2) 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:

(a) the election; or

(ab) a candidate for the election; or

(b) the performance of the Government or opposition or a previous Government or opposition; or

(c) the performance of an MLA or former MLA; or

(d) the performance of a political party in the election; or

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

The roll for a division is closed during the period:

(a) starting at 5 pm on the day that is 1 day after the date of the issue of a writ for an election for the division; and

(b) ending at the close of voting for the election.

Part

IIAA of the Criminal Code applies to an offence against sections 175P(2) and (3), 175R(1) and (2), 203C(1), (2) and (3),

203D and 213E.

Note for section 8A

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

3 Constitution of Legislative Assembly

The

Legislative Assembly consists of 25 members.

Part

4 Electoral rolls and enrolment

Division 1 Electoral rolls

The

Commission must keep a roll for each division.