Electoral (Consequential Amendments) Act 2004

Electoral (Consequential Amendments) Act 2004

An Act to amend certain Acts and statutory rules consequential on the enactment of the Electoral Act 2004

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Electoral (Consequential Amendments) Act 2004 .

2.   Commencement

This Act commences on the day on which the Electoral Act 2004 commences.

3.   Consequential amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

4.   Effect of consequential amendments

The amendment by this Act of a provision of any regulations does not prevent that provision or any other provision of those regulations from being amended or rescinded by a subsequent regulation.

SCHEDULE 1 - Consequential Amendments

Section 3

Aboriginal Lands Act 1995

1.    Section 3 is amended by inserting after the definition of electoral area the following definition:

Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004;

2.    Section 7 is amended as follows:

(a) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (4) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner".

3.    Section 8 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

4.    Section 9 is amended as follows:

(a) by omitting from subsection (2)(c) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (3) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(c) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (5) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(e) by omitting from subsection (6) " Electoral Act 1985 " and substituting "Electoral Act 2004".

5.    Section 10 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(c) by omitting from subsection (2) "Chief Electoral Officer" second occurring and substituting "Electoral Commissioner";

(d) by omitting from subsection (2)(e) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(e) by omitting from subsection (3) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(f) by omitting from subsection (3) "Chief Electoral Officer" second occurring and substituting "Electoral Commissioner";

(g) by omitting from subsection (3)(c) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(h) by omitting from subsection (3)(d) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(i) by omitting from subsection (4) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(j) by omitting from subsection (4)(a) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(k) by omitting from subsection (4)(b) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(l) by omitting from subsection (5) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(m) by omitting from subsection (5)(b) "Chief Electoral Officer's" and substituting "Electoral Commissioner's";

(n) by omitting from subsection (6) "Chief Electoral Officer" and substituting "Electoral Commissioner".

6.    Section 11 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

7.    Section 12 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

8.    Section 16 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

9.    Schedule 1 is amended as follows:

(a) by omitting from clause 2 "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from clause 6(2) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(c) by omitting from clause 6(3)(a) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from clause 6(3)(b) "Chief Electoral Officer" and substituting "Electoral Commissioner".

Civil Process Act 1985

1.    Section 4(2)(c) is amended by omitting " Part VII of the Electoral Act 1985 " and substituting "section 232 of the Electoral Act 2004".

Constitution Act 1934

1.    Section 14(1) is amended by omitting " Electoral Act 1985 " twice occurring and substituting "Electoral Act 2004".

2.    Section 18(2) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

3.    Section 22(2) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

4.    Section 35 is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

Judicial Review Act 2000

1.    Schedule 2 is amended by omitting item 2 and substituting the following item:

2.   Electoral Act 2004

Juries Act 2003

1.    Section 3 is amended as follows:

(a) by omitting the definition of Chief Electoral Officer and inserting the following definition after the definition of "deliberations":

Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004;

(b) by omitting " Electoral Act 1985 " from the definition of State roll and substituting "Electoral Act 2004".

2.    Section 19(1) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

Jury Act 1899

1.    Section 3 is amended by omitting " section 19 of the Electoral Act 1985 " from the definition of State roll and substituting "section 30 of the Electoral Act 2004".

2.    Section 9(5) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

Land Titles Act 1980

1.    Section 168(2) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

Legislative Council Electoral Boundaries Act 1995

1.    Section 3(1) is amended as follows:

(a) by omitting " Electoral Act 1985 " from the definition of Council division and substituting "Electoral Act 2004";

(b) by inserting the following definitions after the definition of Council division quota :

Electoral Commission means the Tasmanian Electoral Commission established under section 6 of the Electoral Act 2004;

Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004;

(c) by omitting "Chief Electoral Officer" from the definition of public office and substituting "Electoral Commissioner".

2.    Section 4(1)(c) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

3.    Section 5(1)(a) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

4.    Section 7(1)(a) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

5.    Section 9 is amended as follows:

(a) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

6.    Section 10(2) is amended as follows:

(a) by omitting from paragraph (a) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting "Chief Electoral Officer" second occurring and substituting "Electoral Commissioner";

(c) by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

7.    Section 12 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

8.    Section 30 is amended as follows:

(a) by omitting "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(b) by omitting from paragraph (c) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from paragraph (d) "Chief Electoral Officer" and substituting "Electoral Commissioner".

9.    Section 33(2)(a) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

10.    Schedule 2 is amended as follows:

(a) by omitting from clause 1 "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from clause 3 "Chief Electoral Officer" and substituting "Electoral Commissioner".

Local Government (Elections) Regulations 1998

1.    Regulation 5 is amended as follows:

(a) by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

2.    Regulation 6 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

3.    Regulation 8 is amended as follows:

(a) by omitting from subregulation (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subregulation (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

4.    Regulation 9 is amended as follows:

(a) by omitting from subregulation (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subregulation (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

5.    Regulation 11 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

Local Government Act 1993

1.    Section 60(2B) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

2.    Section 253 is amended as follows:

(a) by omitting the definition of Chief Electoral Officer ;

(b) by inserting the following definition after the definition of electoral area :

Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004;

3.    Section 253A is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

4.    Section 258 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2)(c) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (7) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (7) " Electoral Act 1985 " and substituting "Electoral Act 2004".

5.    Section 261 is amended as follows:

(a) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

6.    Section 263 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

7.    Section 264 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

8.    Section 265 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

9.    Section 268 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

10.    Section 268A(2) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

11.    Section 269 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2)(d) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

12.    Section 272 is amended as follows:

(a) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (5) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (6) "Chief Electoral Officer" and substituting "Electoral Commissioner".

13.    Section 273 is amended as follows:

(a) by omitting from subsection (2)(b) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2A) "Chief Electoral Officer" and substituting "Electoral Commissioner".

14.    Section 274(2)(c) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

15.    Section 275 is amended as follows:

(a) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (3) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(c) by omitting from subsection (3)(e) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

16.    Section 276(1)(b) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

17.    Section 278(1) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

18.    Section 279 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

19.    Section 280 is amended by omitting "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner".

20.    Section 281 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

21.    Section 282 is amended as follows:

(a) by omitting the headnote and substituting the following headnote:

Electoral Commissioner may require information

(b) by omitting from subsection (1) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(c) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (5) "Chief Electoral Officer" and substituting "Electoral Commissioner".

22.    Section 284(1) is amended as follows:

(a) by omitting "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(b) by omitting from paragraph (b) "Chief Electoral Officer" and substituting "Electoral Commissioner".

23.    Section 286(1) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

24.    Section 288(1) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

25.    Section 291 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

26.    Section 295(c) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

27.    Section 304 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

28.    Section 305 is amended as follows:

(a) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner".

29.    Section 306 is amended as follows:

(a) by omitting from subsection (2) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (2)(b) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (5) "Chief Electoral Officer" and substituting "Electoral Commissioner".

30.    Section 307 is amended as follows:

(a) by omitting from subsection (3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (3A) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (3B) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from subsection (4) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(e) by omitting from subsection (5) "Chief Electoral Officer" and substituting "Electoral Commissioner".

31.    Section 308 is amended as follows:

(a) by omitting from subsection (1A) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2)(a) "Chief Electoral Officer" and substituting "Electoral Commissioner".

32.    Section 310 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

33.    Section 317 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

34.    Section 319 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

35.    Section 320 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

36.    Section 323 is amended as follows:

(a) by omitting from subsection (1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subsection (2) "Chief Electoral Officer" and substituting "Electoral Commissioner".

37.    Part 2 of Schedule 8 is amended as follows:

(a) by omitting from clause 2 "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from clause 3 "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from clause 5(2) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(d) by omitting from clause 5(3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(e) by omitting from clause 7 "Chief Electoral Officer" and substituting "Electoral Commissioner".

Local Government Regulations 1994

1.    Regulation 7 is amended as follows:

(a) by omitting from subregulation (3) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subregulation (4) "Chief Electoral Officer" first occurring and substituting "Electoral Commissioner";

(c) by omitting from subregulation (4)(a) "Chief Electoral Officer" and substituting "Electoral Commissioner".

2.    Regulation 13 is amended as follows:

(a) by omitting from subregulation (4) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subregulation (5) "Chief Electoral Officer" and substituting "Electoral Commissioner".

3.    Schedule 3 is amended as follows:

(a) by omitting the definition of favoured position from clause 1 and substituting the following definition:

favoured position means a favoured position within the meaning of Schedule 3 to the Electoral Act 2004;

(b) by omitting from clause 7(1) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from clause 7(3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

Racing (Electoral) Regulations 1997

1.    Regulation 3 is amended by omitting "Chief Electoral Officer" from the definition of Returning Officer and substituting "Electoral Commissioner".

2.    Regulation 4 is amended as follows:

(a) by omitting the headnote and substituting the following headnote:

Role of Electoral Commissioner

(b) by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

3.    Regulation 5 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

4.    Regulation 8(2) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

5.    Regulation 18(1) is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

6.    Regulation 20 is amended as follows:

(a) by omitting from subregulation (1)(e) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(b) by omitting from subregulation (3) "Chief Electoral Officer" and substituting "Electoral Commissioner".

7.    Regulation 28(1)(a) is amended as follows:

(a) by omitting " Schedule 5 to the Electoral Act 1985 " and substituting "Schedule 6 to the Electoral Act 2004";

(b) by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

8.    Regulation 35 is amended by omitting "Chief Electoral Officer" and substituting "Electoral Commissioner".

Racing Act 1983

1.    Section 4 is amended by omitting the definition of Chief Electoral Officer and inserting the following definition after the definition of "Director":

Electoral Commissioner means the Electoral Commissioner appointed under section 14 of the Electoral Act 2004;

2.    Section 35 is amended as follows:

(a) by omitting from subsection (1)(a) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner";

(b) by omitting from subsection (1)(b) "Chief Electoral Officer" and substituting "Electoral Commissioner";

(c) by omitting from subsection (2)(c) "Chief Electoral Officer" twice occurring and substituting "Electoral Commissioner".

Retirement Benefits (Parliamentary Superannuation) Regulations 2002

1.    Regulation 59(1)(b) is amended as follows:

(a) by omitting subparagraph (ii) and substituting the following subparagraph:

(ii) the Supreme Court making an order under section 215 of the Electoral Act 2004 that he or she was not duly elected; or

(b) by omitting from subparagraph (iii) " section 231 of the Electoral Act 1985 " and substituting "section 226 of the Electoral Act 2004".

Retirement Benefits Regulations 1994

1.    Clause 8(a) of Schedule 1 is amended as follows:

(a) by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004";

(b) by omitting "an electoral" and substituting "a Council".

Strata Titles Act 1998

1.    Section 154(2)(c) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

Supreme Court Civil Procedure Act 1932

1.    Section 9(1)(c) is amended by omitting " Part VIII of the Electoral Act 1985 " and substituting "Part 8 of the Electoral Act 2004".

Valuation of Land Act 2001

1.    Section 59(2)(c) is amended by omitting " Electoral Act 1985 " and substituting "Electoral Act 2004".

[Second reading presentation speech made in:

House of Assembly on 28 OCTOBER 2004

Legislative Council on 18 NOVEMBER 2004]