Electoral (Administration) Amendment Act 2010

7 New sections 5 to 9 substituted
  • Sections 5 to 9 are repealed and the following sections substituted:

    5 Functions
    • The functions of the Electoral Commission are to—

      • (a) carry the provisions of this Act (except those of Part 5) into effect:

      • (b) carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:

      • (c) promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:

      • (d) consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:

      • (e) make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:

      • (f) carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.

    6 Powers of Electoral Commission
    • (1) The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—

      • (a) initiate, sponsor, and carry out any studies or research:

      • (b) make any inquiries:

      • (c) consult with any persons or classes of persons:

      • (d) publicise, in any manner that it thinks fit, any parts of its work:

      • (e) provide information and advice on any matter—

        • (i) to the Minister for the Minister's consideration:

        • (ii) to the Minister for tabling in the House of Representatives:

      • (f) request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.

      (2) Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.

      (3) If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

    7 Independence
    • The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

      • (a) this Act; and

      • (b) any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).

    8 Electoral Commission must report on general election
    • (1) The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—

      • (a) the services provided to electors to facilitate voting; and

      • (b) enrolment and voting statistics; and

      • (c) any substantive issue arising during the course of the election; and

      • (d) any changes that are necessary or desirable in respect of—

        • (i) administration processes or practices; or

        • (ii) this Act or any other law; and

      • (e) any matter that the Minister of Justice asks the Electoral Commission to address; and

      • (f) any other matter that the Electoral Commission considers relevant.

      (2) The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

      (3) The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.

    9 Electoral Commission may delegate functions, duties, or powers to non-employees
    • In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically, to any electoral official who is engaged by (rather than employed by) the Electoral Commission.