Electoral (Administration) Amendment Act 2010

Schedule 1
Other amendments to principal Act

s 14

Section 39

Subsection (1): omit shall communicate the details of that determination to such public servants and substitute must communicate the details of that determination to the Electoral Commission, the Chief Registrar of Electors, and such other entities or persons.

Subsection (1): omit by the Commission and substitute by the Representation Commission.

Subsection (2): omit public servant and substitute entity or person.

Section 49

Repeal and substitute:

49 Candidate not disqualified if name removed from roll without cause
  • (1) This section applies to a person—

    • (a) who is qualified to be registered as an elector of an electoral district; and

    • (b) whose name was entered on the electoral roll for that district; but

    • (c) whose name has been subsequently removed from that electoral roll through no fault or failure of that person.

    (2) A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.

    (3) However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—

    • (a) he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and

    • (b) his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.

    (4) A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—

    • (a) the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or

    • (b) the party secretary, if the person is to be nominated as—

      • (i) a constituency candidate by the party secretary under section 146D; or

      • (ii) a list candidate.

Section 68

Omit 4 pm and substitute 5 pm.

Section 68A(2)

Omit 4 pm and substitute 5 pm.

Section 71B(4)

Omit 4 pm and substitute 5 pm.

Section 127

Subsection (4): repeal and substitute:

  • (4) The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—

    • (a) a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate's consent to the nomination; and

    • (b) any statutory declaration made by the candidate received under section 49(4)(b).

Subsection (5): repeal.

Section 146E(3)

Repeal and substitute:

  • (3) The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—

    • (a) a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate's consent to the nomination; and

    • (b) any statutory declaration made by the constituency candidate received under section 49(4)(b).

Section 150

Subsection (2): omit Returning Officer shall and substitute Electoral Commission must.

Subsection (16): omit Returning Officer shall and substitute Electoral Commission must.

Subsection (19): omit Returning Officer and substitute Electoral Commission.

Section 205C

Heading: insert election after expenses for.

Section 206C

Heading: insert election after expenses for.

Section 206J

Compare note: omit s 214D and substitute ss 67(3)(f), 214D(1), (2A), (3).

Section 206Q

Compare note: omit 214J and substitute 214J(1), (2)(a).

Section 219

Compare note: add (pre-20 December 2007).

Section 224

Compare note: omit 141, 142 and substitute 142, 143.