Electoral (Administration) Amendment Act 2010

Part 1
Amendments to principal Act

Subpart 1Amendments coming into force on day after Royal assent

4 New sections 4B to 4J inserted
  • The following sections are inserted after section 4A:

    4B Electoral Commission
    • (1) This section establishes the Electoral Commission.

      (2) The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

      (3) The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.

      (4) The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4.

    4C Objective
    • The objective of the Electoral Commission established by section 4B is to administer the electoral system impartially, efficiently, effectively, and in a way that—

      • (a) facilitates participation in parliamentary democracy; and

      • (b) promotes understanding of the electoral system and associated matters; and

      • (c) maintains confidence in the administration of the electoral system.

    4D Membership of Electoral Commission
    • (1) The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission established by section 4B as follows:

      • (a) 1 member as the Chief Electoral Officer; and

      • (b) 1 member as the chairperson; and

      • (c) 1 member as the deputy chairperson.

      (2) The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.

      (3) The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.

      (4) Subsection (1) applies despite—

      • (a) section 28(1)(b) of the Crown Entities Act 2004; and

      • (b) clause 1(2) of Schedule 5 of the Crown Entities Act 2004.

    4E Appointment of Judge as member not to affect tenure, etc
    • The appointment of a Judge as a member of the board of the Electoral Commission established by section 4B does not affect the Judge's tenure of his or her judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's services as a member must be taken to be service as a Judge.

    4F Resignation of member
    • (1) A member of the Electoral Commission established by section 4B may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.

      (2) The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.

      (3) This section applies despite section 44 of the Crown Entities Act 2004.

      Compare: 1988 No 2 s 5C

    4G Power to remove or suspend members
    • (1) Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission established by section 4B who is a Judge.

      (2) Section 39(1) of the Crown Entities Act 2004 does not apply to any member.

      (3) Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.

      (4) Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.

      Compare: 1988 No 2 s 6

    4H Filling of vacancy
    • (1) If a vacancy occurs in the membership of the Electoral Commission established by section 4B, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.

      (2) Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.

      (3) An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.

      Compare: 1988 No 2 s 7

    4I Deputy Electoral Commissioners
    • (1) The Electoral Commission established by section 4B may, by written notice, appoint an electoral official to be the deputy for an Electoral Commissioner.

      (2) The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.

      (3) The notice of appointment must—

      • (a) state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and

      • (b) state the term of the appointment; and

      • (c) be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.

      (4) If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.

      (5) Despite subsection (4), a Deputy Electoral Commissioner—

      • (a) must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and

      • (b) is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

      (6) The Electoral Commission may, at any time, revoke the appointment of any deputy.

      (7) A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

      (8) In subsection (1), electoral official means any person that the Electoral Commission established by section 4B employs or engages for the purpose of assisting with the performance of its functions.

    4J Proceedings of Electoral Commission
    • The provisions of Schedule 1 apply to the Electoral Commission established by section 4B and to its proceedings.