CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997 Explanatory Memorandum

Commonwealth of Australia Explanatory Memoranda

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CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997

ARflIUR ROBINSON & HBDD~R~~ tIBRARY 1997 HOUSE OF REPRESENTATIVES CONSTITUTIONAL CONVENTION (ELECTION) BILL 1997 SUPPLEMENTARY EXPLANATORY MEMORANDUM Amendments and New Clauses to be Moved on Behalf of the Government (Circulated with the authority of the Minister for Administrative Services, the Honourable David Jull, MP) 88186 Cat No. 96 75795 ISBN 0644 50103 0

2 CONSTiTUTIONAL CONVENTION (ELECTION) BILL 1997 I OUTLINE The further amendments and new clauses to be moved on behalf of the government amend the Constitutional Convention (Election) Bill 1997. The proposed amendments are designed to: · provide for a period of 24 hours between the close of nominations and the declaration of nominations by reducing from 10 days to 9 days the period from the date of the notice of the election to the close of nominations. · provide for an increase of 24 hours in the time allowed for the lodgement of voting tickets from 24 hours after the close of nominations to 48 hours after the close of nominations. · provide that the place of nomination may be the office of the Australian Electoral Officer or at a place determined by the Australian Electoral Officer, and that the place determined by the Australian Electoral Officer for the occurrence of certain events need not always be at the same place. · require that petitions disputing an election or return must be lodged within 14 days of the actual date of the Electoral Commissioner's certification of results. remove "date of election" and replace it with "the date of the close of the poll". · remove the requirement for directions for the return of ballot-papers to be printed on ballot-papers. · provide for the method of filling casual vacancies caused by the death or resignation of a delegate. · withdraw the reversal of onus of proof in prosecution of offences in relation to the protection of the official mark. · include an automatic repealing provision which takes effect two years from commencement of the Act, unless the Act is repealed earlier. FINANCIAL IMPACT STATEMENT These amendments will not alter the estimated cost of $35.6 million to conduct the Constitutional Convention Election.

3 NOTES ON CLAUSES Amendment (1) Close of nominations - 1. Alters clause 15 to provide that the close of nominations is 9 days after the date of the Minister's notice under section 13, rather than 10 days. Amendments (2), (5), (8) and (9) Place of nomination - 2. Amends clauses 44, 58, 114 and 115 respectively, to provide that the place of nomination may be the office of the Australian Electoral Officer or at a place determined by the Australian Electoral Officer, and that the place determinedby the Australian Electoral Officer for the occurrence of certain events need not always be at the same place. The original clause required that the place of nomination be at the office of the Australian Electoral Officer, however in some States, notably NSW, there is insufficient space at the office of the Australian Electoral Officer to conduct the respective declarations. Amendment (3) Close of the poll - 3. Amends clause 46 to correct an editing oversight by removing the word~"date of election" and replacing them with "the date of the close of the poll". For this election there is no date of election as such. Amendment (4) Ballot-papers - 4. Amends clause 52 to remove the requirement to have instructions for the return of ballot-papers printed on the ballot-papers, ibis was a carryover from the federal election provisions and is unnecessary in this election, where voting will be by post. However, the necessary directions will be included in the information provided to electors with the ballot papers. Amendments (6) and (7) Voting tickets - 5. Amends clauses 59 and 60 to provide for an increase of 24 hours in the time allowed for the lodgement of voting tickets, from 24 hours after the close of nominations to 48 hours after the close of nominations. This will give candidates and groups additional time to organise their tickets~nd will be particularly helpful if there are large numbers of a candidates. The amendment will not affect the election timetable being met.

4 Amendment (10) - Part 9 Casual vacancies - 6. Omits clauses 116 and 117 and replaces them with new clauses 116, 117 and 117A which enhance the method of filling casual vacancies. In addition to existing provisions of the Bill, where, in the case of the death or resignation of a delegate, the former delegate was a grouped candidate, the vacancy may be filled by the next available and willing candidate from that group. If in the case of resignation of a delegate, there is no such candidate, the former delegate may nominate a person who was a candidate but was not elected at the election of delegates, and if that candidate is available and willing, the Chairman must appoint that candidate to fill the vacancy. If the vacancy cannot be filled by either of the above methods, the vacancy may be filled in a manner determined by the Chairman of the Convention. Amendments (11), (12) and (13)- Onus of proof 7. Amends clause 139 to withdraw the reversal of onus of proof in prosecution for offences established by the clause. The inclusion of those words in the Bill was an editing oversight. Amendment (14) Requisites of petition - 8. Amends clause 147 to provide that petitions disputing an election or return must be lodged within 14 days of the actual date of the Electoral Commissioner's certification of results, rather than within 14 days of the date specified in the Minister's notice under section 13 for the certification of results. This amendment will allow for an earlier appeal period when results are certified prior to the limit of 28 days for such certification. Amendment (15) Repeal - 9. Inserts a new clause 180 which provides for the repeal of the Constitutional Convention (Election) Act 1997 two years after commencement if not repealed earlier. Printed by Authority by the Commonwealth Government Printer I I~Il ~IU V II I I I~ 9 780~'44501033

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