Electoral Matters (Miscellaneous Amendments) Act 2023
An Act to amend the Electoral Act 2004 and to amend the Constitution Act 1934 , and the Legislative Council Electoral Boundaries Act 1995 , so as to change the name of the Redistribution Tribunal to the name Tasmanian Augmented Electoral Commission
[Royal Assent 11 December 2023]
Be it enacted by Her 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:
PART 1 - Preliminary
This Act may be cited as the Electoral Matters (Miscellaneous Amendments) Act 2023 .
The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Constitution Act 1934 Amended
In this Part, the Constitution Act 1934 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definition of Redistribution Tribunal ;(b) by inserting the following definition after the definition of State roll :Tasmanian Augmented Electoral Commission means the Tasmanian Augmented Electoral Commission appointed under section 4 of the Legislative Council Electoral Boundaries Act 1995 ;
5. Section 18AA amended (Application of Division)
Section 18AA of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
PART 3 - Electoral Act 2004 Amended
In this Part, the Electoral Act 2004 is referred to as the Principal Act.
7. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by inserting the following definition after the definition of candidate roll :carriage service provider has the same meaning as in the Telecommunications Act 1997 of the Commonwealth;(b) by inserting the following definitions after the definition of Commonwealth roll :communicate, in relation to electoral matter, means print, publish, display, distribute, produce, or broadcast, the electoral matter, by any means, including electronically, by social media or by the internet, by electronic phone or by a communication sent to an electronic address at which the communication may be available to a person;constitutional documents, in relation to a party, means the written set of principles and rules (however described) under which the party is governed;(c) by inserting the following definition after the definition of deputy registered officer :disclosure entity, in relation to electoral matter, means a person, or entity, who or that –(a) is a candidate in relation to an election to which the electoral matter relates; or(b) is a registered party; or(c) is a Member; or(d) is a significant political donor, within the meaning of the Electoral Disclosure and Funding Act 2023, in relation to an election to which the electoral matter relates; or(e) is an associated entity, within the meaning of the Electoral Disclosure and Funding Act 2023; or(f) is a third-party campaigner, within the meaning of the Electoral Disclosure and Funding Act 2023, in relation to an election to which the electoral matter relates; or(g) was a candidate in –(i) an Assembly election in the previous 5 years; or(ii) a Council election in the previous 7 years;(d) by omitting the definition of electoral matter and substituting the following definitions:electoral matter – see section 4 ;entity means –(a) an incorporated or unincorporated body; or(b) the trustee of a trust;(e) by inserting the following definition after the definition of functions :how to vote card means a card, handbill or pamphlet (or an electronic document or electronic representation of a card, handbill or pamphlet) –(a) that –(i) is, or includes, a representation of a ballot paper, or part of a ballot paper, for an election or is apparently intended to represent a ballot paper, or part of a ballot paper, for an election; and(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or(b) that lists the names of 2 or more of the candidates or registered parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet that only relates to first preference votes or that only relates to last preference votes;(f) by inserting the following definition after the definition of informal ballot paper :inspector means a person who is, under section 200D , an inspector;(g) by inserting the following definition after the definition of intending candidate :listed carriage service has the same meaning as in section 16 of the Telecommunications Act 1997 of the Commonwealth;(h) by inserting the following definition after the definition of scrutineer :social media means internet-based, or mobile broadcasting-based, technology or applications, if –and includes technology or applications known as internet forums, blogs, wikis, text messaging and online or mobile broadcasting social networks;(a) the sole or primary purpose of the technology or application is to enable social interaction between 2 or more end-users; and(b) the technology or application allows end-users to link to, or interact with, some or all of the other end-users; and(c) the technology or application is a means by which a person may create and share content generated by the person –
8. Section 4 substituted
Section 4 of the Principal Act is repealed and the following section is substituted:(1) In this section –group means a group of candidates, each of whom has, under section 77(4) , nominated to appear on an Assembly ballot paper in a group that is not under a heading of the ballot paper name of a registered party;official of a registered industrial organisation means –(a) a person who holds a relevant office in a Tasmanian industrial organisation; and(b) a person who holds an office, within the meaning of the Fair Work Act 2009 of the Commonwealth, in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;political entity means –(a) a party or a registered party; and(b) a candidate, intending candidate or member of a group;public official means –(a) the Governor; and(b) a Minister or a parliamentary secretary; and(c) a Member; and(d) a State Service officer or State Service employee; and(e) a police officer; and(f) a natural person (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the person by or under a law of the State; and(g) a judge, justice or magistrate; and(h) a registrar, or other officer, of a court;relevant office, in relation to a Tasmanian industrial organisation, means –(a) the office of president, vice president, secretary or assistant secretary of the organisation; and(b) the office of a voting member of a collective body of the organisation, being a collective body that has power in relation to any of the following functions:(i) the management of the affairs of the organisation;(ii) the determination of policy for the organisation;(iii) the making, alteration or rescission of rules of the organisation;(iv) the enforcement of rules of the organisation or the performance of functions in relation to the enforcement of such rules; and(c) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(i) and (iv) , other than an office, the holder of which participates in any of those functions only in accordance with directions given by a collective body, or another person, for the purpose of implementing existing policy of the organisation or decisions concerning the organisation; and(d) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(ii) or (iii) ; and(e) the office of a person holding, whether as trustee or otherwise, property of the organisation or property in which the organisation has a beneficial interest;Tasmanian industrial organisation means an organisation registered under Part V of the Industrial Relations Act 1984 .(2) For the purposes of this Act –electoral matter means matter communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote in an election, including by promoting or opposing a political entity or a Member.(3) For the avoidance of doubt, a matter may only have one dominant purpose for the purposes of the definition of electoral matter in subsection (2) .(4) For the purposes of the definition of electoral matter in subsection (2) , each creation, re-creation, communication or re-communication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.(5) Without limiting subsection (2) , communication, or intended communication, for the purpose of educating an audience on, or encouraging debate on, an issue of public policy –(a) is, unless the contrary is proved, presumed to be the dominant purpose, of the communication or intended communication, for the purposes of the definition of electoral matter in subsection (2) ; and(b) is not, unless the contrary is proved, taken to be for the purpose of influencing the way electors vote in an election as specified in the definition of electoral matter in subsection (2) .(6) Without limiting subsection (2) , the dominant purpose of a communication, or intended communication, of matter that expressly promotes or opposes a political entity or a Member is presumed to be the purpose referred to in the definition of electoral matter in subsection (2) , unless the contrary is proved.(7) Without limiting subsection (2) , the following matters must be taken into account in determining the dominant purpose of the communication, or intended communication, of matter:(a) whether the communication, or intended communication, is or would be to the public or a section of the public;(b) whether the communication, or intended communication, is or would be by, or on behalf of, a disclosure entity;(c) whether the communication, or intended communication, contains an express or implied comment on a political entity or a Member;(d) whether the communication, or intended communication, is or would be received by electors near a polling place;(e) how soon an election is to be held after the creation or communication of the matter;(f) whether the communication, or intended communication, is or would be unsolicited.(8) Despite subsections (2) and (6) , matter is not electoral matter if the communication, or intended communication –(a) is the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or(b) is, or would be, by a person for a dominant purpose that is satirical, academic or artistic, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or(c) is, or would be, a private communication by a person to another person who is known to the first person; or(d) is, or would be, by or to a person who is a public official, in that person’s capacity as such an official; or(e) is, or would be, a private communication, to a political entity that is not a public official, in relation to public policy or public administration; or(f) occurs, or would occur, in the Assembly or Council or is or would be to a parliamentary committee.
9. Section 44 amended (Application to register party)
Section 44(1) of the Principal Act is amended as follows:(a) by inserting the following paragraph after paragraph (b) :(ba) be accompanied by a copy of the party’s constitutional documents; and(b) by inserting in paragraph (g) ", each of which is to have been made within the period of 12 months before the day on which the application is lodged with the Commission" after " subsection (3) ".
10. Section 52 amended (Party register)
Section 52 of the Principal Act is amended by omitting subsection (6) .
11. Section 52A inserted
After section 52 of the Principal Act , the following section is inserted in Part 4:52A. Public access to information about registered parties
(1) The Commission is to ensure that, on the request of a person made to a member of the staff of the Commission, the party register is available for inspection by the person free of charge.(2) The Commission is to ensure that, on the request of a person made to a member of the staff of the Commission, a copy of a registered party’s constitutional documents is made available for inspection by the person free of charge.(3) The Commission is to ensure that there is, at all times, published on a website of the Commission, a list of the names of all parties that are registered parties.
12. Section 58 amended (Review of party register)
Section 58(4) of the Principal Act is amended by inserting ", together with a copy of the party’s constitutional documents," after "it".
13. Section 96 amended (Preparation and printing of ballot papers)
Section 96(2) of the Principal Act is amended by inserting ", or that are to be counted with the postal votes under section 134 ," after " section 128 ".
14. Section 100 substituted
Section 100 of the Principal Act is repealed and the following section is substituted:100. Instructions on ballot papers
A ballot paper is to include instructions to the elector that are consistent with the requirements set out in section 102 .
15. Section 124 amended (Adjournment of polling)
Section 124(3) of the Principal Act is amended by inserting "at that election in that division" after "voted".
16. Section 128 amended (Issue of postal votes)
Section 128 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "from a person" after "an application";(b) by omitting from subsection (1)(a) "applicant by posting, or delivering by an approved method, to the address specified for this purpose on the application," and substituting "applicant to whom the application relates, by providing to the applicant, in accordance with subsection (1A) ,";(c) by inserting the following subsection after subsection (1) :(1A) For the purposes of subsection (1) , the postal vote material is to be provided to an applicant by –(a) posting the material, or delivering the material by an approved method, to the address that is specified, on the application under section 126 , as the address to which the ballot paper is to be sent; or(b) providing the material, in person, to the applicant; or(c) providing the material to a person, who is approved by the Commission, to deliver it, in person, to the applicant.
17. Section 139 amended (Preliminary scrutiny of postal votes)
Section 139(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (d) "election." and substituting "election; and";(b) by inserting the following paragraph after paragraph (d) :(e) the voter has not already voted at that election.
18. Section 171A inserted
After section 171 of the Principal Act , the following section is inserted in Division 1:A person to whom postal vote material referred to in section 128 has been provided in accordance with section 128(1A)(c) must not fail to immediately deliver the postal vote material to the elector to whom the postal vote material relates.Penalty: Fine not exceeding 10 penalty units.
19. Section 186 amended (Offences relating to voting)
Section 186 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections:(2) A person must not contravene or fail to comply with subsection (1) .(3) An offence against subsection (2) is an offence punishable on indictment under the Criminal Code.(4) Despite an offence against subsection (2) being an offence punishable on indictment under the Criminal Code, a court of summary jurisdiction may hear and determine proceedings in respect of the offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.(5) If, in accordance with subsection (4) , a court of summary jurisdiction finds a person guilty of an offence against subsection (2) , the penalty that the court may impose is a fine not exceeding 50 penalty units.
20. Section 187 amended (Electoral bribery)
Section 187 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "dishonestly, or for an improper purpose," after "not";(b) by omitting subsection (4) ;(c) by inserting in subsection (5)(a) "public" after "a".
21. Section 188 amended (Electoral treating)
Section 188 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "dishonestly, or for an improper purpose," after "not";(b) by omitting subsection (4) .
22. Sections 190 and 191 substituted
Sections 190 and 191 of the Principal Act are repealed and the following sections are substituted:190. Interpretation of Division
(1) In this Division –address means –(a) in relation to a natural person – a full street address, and suburb or locality, of premises at which the person can be contacted; and(b) in relation to a person who is not a natural person –(i) if the person has a principal office – the full street address, and suburb or locality, of the office; or(ii) if the person does not have a principal office but owns or occupies premises – the full street address, and suburb or locality, at which the premises are situated; or(iii) if the person does not have a principal office or does not own or occupy premises – a full street address, and suburb or locality, at which the natural person who was responsible for giving effect to the authorisation of the applicable communication of electoral matter can be contacted;authorisation particulars, in relation to electoral matter, means –(a) the name and address of the person who is the author of, or who authorised the communication of, the electoral matter; and(b) a statement to the effect that the person named in accordance with paragraph (a) is the author of, or authorised the communication of, the electoral matter, as the case may be; and(c) if the communication of the electoral matter was made on behalf of a disclosure entity – a statement to the effect that the electoral matter was communicated on behalf of the disclosure entity; and(d) any other prescribed particulars.(2) For the purposes of this Division, a person authorises the communication of electoral matter if –(a) where the content of the matter is approved before the matter is communicated – the person approves the content of the matter; or(b) where the content of the matter is not approved before the matter is communicated – the person communicates the matter.(3) For the purposes of this Division, a carriage service provider does not communicate electoral matter merely because the carriage service provider supplies the listed carriage service used to communicate the matter.191. Campaign material to be authorised
(1) The object of this section is to promote free and informed voting at elections by enhancing –(a) the transparency of campaigning, by allowing voters to know who is communicating electoral matter; and(b) the accountability of those persons participating in public debate relating to electoral matter, by making those persons responsible for their communications; and(c) the traceability of communications of electoral matter, by ensuring that obligations imposed by this Division in relation to those communications can be enforced.(2) This section is not intended to detract from –(a) the ability of electoral matters to be communicated to voters; and(b) voters’ ability to communicate with each other on electoral matters.(3) Subject to sections 192, 194 and 194A, a person must not, between the issue of the writ for an election and the close of poll at that election, communicate, or permit or authorise another person to communicate, electoral matter, unless the authorisation particulars in relation to the electoral matter are displayed in the applicable manner in relation to the communication of the electoral matter.Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both.(4) The authorisation particulars in relation to electoral matter are displayed in the applicable manner in relation to the communication of the electoral matter if the prescribed requirements, if any, in relation to the display of such particulars are complied with and, where the communication –(a) is by way of a hard-copy document or an object – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown on the document or object; or(b) is by way of publication at a website on the internet that is not social media – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown as part of the electoral matter; or(c) is by way of electronic mail – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown in the electronic mail; or(d) is by way of an electronic message that is sent to an electronic address in connection with a telephone account – the authorisation particulars, in relation to the communication of the electoral matter are legibly shown –(i) at the end of the electronic message; or(ii) at an electronic address that is included at the end of the communication; or(e) is by way of social media – the authorisation particulars, in relation to the communication of the electoral matter, are legibly shown at the end of the communication or, if the authorisation particulars consist of too many electronic characters to be included in the communication, are legibly shown –(i) at an electronic address that is included at the end of the communication; or(ii) as part of the information, commonly included electronically under the heading “About us” or “Contact us”, that relates to the person who is making the communication and that is directly linked to, or can be displayed by clicking a link in, the electronic information displayed at the electronic address at which the communication is displayed; or(f) is by way of the spoken word during a telephone call – the authorisation particulars, in relation to the communication of the electoral matter, are spoken at the beginning of the telephone call; or(g) is by a way not specified in another paragraph of this subsection – the authorisation particulars, in relation to the communication of the electoral matter, are displayed in the prescribed manner, if any.
23. Section 193 repealed
Section 193 of the Principal Act is repealed.
24. Section 194A inserted
After section 194 of the Principal Act , the following section is inserted in Division 5:194A. Additional communications to which section 191 does not apply
Section 191 does not apply in relation to electoral matter if the electoral matter forms part of –(a) a communication (other than by way of social media) communicated for personal purposes; or(b) an opinion poll, or research relating to voting intentions at an election, that is not intended to encourage a person to vote for or against a particular party, candidate or candidates; or(c) a communication, by way of social media, that forms part of the expression of a natural person’s individual personal political views, if –(i) the natural person is not paid to express those views; or(ii) the natural person is not a candidate or a Member; or(d) an internal communication; or(e) a communication at a meeting of 2 or more persons, if the identity of –can reasonably be identified by the person or persons to whom the speaker is communicating; or(i) the person (the speaker) communicating at the meeting; and(ii) any disclosure entity on whose behalf the speaker is communicating –(f) a live communication of a meeting to which paragraph (e) relates, but not any later communication of that meeting; or(g) a communication communicated solely for the purpose of announcing a meeting; or(h) a communication that is a member of a prescribed class of communications; or(i) a communication on radio or television by the holder of a licence, under the Broadcasting Services Act 1992 of the Commonwealth, that is subject to a condition relating to election advertisements.
25. Section 195 substituted
Section 195 of the Principal Act is repealed and the following section is substituted:195. Advertisements and advertorials
A person who, between the issue of the writ for an election and the close of poll at that election, communicates electoral matter –must cause the word "advertisement" to be displayed in the manner, specified under section 191(4) to be the applicable manner in relation to the communication of the electoral matter, as if the authorisation particulars referred to in section 191(4) were a reference to "the word ‘advertisement’".(a) the communication of which is, or is to be, paid for; or(b) for which any reward or compensation or promise of reward or compensation is, or is to be, made for the communication –Penalty: Fine not exceeding 50 penalty units.
26. Section 197 substituted
Section 197 of the Principal Act is repealed and the following section is substituted:197. Misleading and deceptive electoral matter
A person must not communicate, or permit or authorise the communication of, any electoral matter that –(a) is intended, is likely, or has the capacity, to mislead or deceive an elector in or in relation to the recording of his or her vote; or(b) contains incorrect or misleading information about whether a person is or is not –(i) a candidate; or(ii) a candidate for a particular division; or(iii) a registered member of a registered party or a party; or(iv) nominated or endorsed by a registered party; or(c) uses –(i) the name, an abbreviation or acronym of the name, or a derivative of the name, of a registered party (or a name or abbreviation resembling such a name, abbreviation, acronym or derivative) in a way that is intended, or is likely, to mislead an elector; or(ii) the word “independent” and the name or an abbreviation or acronym of the name, or a derivative of the name, of a registered party in a way that suggests or indicates an affiliation with that party; or(d) could result in an elector casting an informal vote; or(e) contains a statement, whether express or implied, to the effect that voting is not compulsory; or(f) contains a statement intended or likely to mislead an elector in relation to whether the electoral matter is an official communication from the Commissioner or the Commission.Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both.
27. Section 198 amended (Campaigning on polling day)
Section 198(1) of the Principal Act is amended by omitting ""how to vote" card" and substituting "how to vote card".
28. Part 7, Division 8 inserted
After section 200 of the Principal Act , the following Division is inserted in Part 7:Division 8 - Investigations200A. Interpretation of Division
In this Division –relevant document means a document, whether in writing, in electronic form or in another form.200B. Power to require provision of documents and information
(1) If the Commission has reason to believe that a person is in possession of information, or a relevant document, or a thing, that may be relevant to the enforcement of this Act, the Commission may, by notice in writing to the person, require the person to do any one or more of the following:(a) to provide such information as the Commission reasonably requires for the purposes of the enforcement of this Act;(b) to produce to the Commission, at the place and time specified in the notice, any relevant document, or a thing, that the Commission reasonably requires for the purposes of the enforcement of this Act;(c) to answer questions about any matters in respect of which information is reasonably required for the purposes of the enforcement of this Act;(d) to attend at a specified place and time to answer questions under this section, if attendance at that place is reasonably required in order that the questions can be properly put and answered;(e) to make a statement providing an explanation of any relevant document, if the person was a party to the compilation of the relevant document.(2) The Commission may authorise an inspector to perform or exercise a function or power of the Commission under this section.(3) The place and time at which a person may be required by a notice under subsection (1) to produce a relevant document, or a thing, or to attend and answer questions, is to be a place and time, specified in the notice, that is reasonable in the circumstances.(4) A notice under subsection (1) that requires a person to produce a relevant document, or a thing, may only require a person to produce existing documents, or things, that are in the person’s possession or that are within the person’s power to obtain lawfully.(5) A notice may be given under subsection (1) to a person in respect of a matter even though the person is (or the relevant document, thing or information is held) outside the State, or the matter occurred or is located outside the State, if the matter affects a matter to which this Act relates.(6) A person is not obliged to provide any information, produce a relevant document, or a thing, answer a question or make a statement under this section unless that person has first been informed by the Commission, or an inspector, that he or she is required to do so.(7) The Commission may make copies of any relevant documents provided under this section.(8) The Commission must –as soon as practicable after the document or thing, or the copy, ceases to be required for purposes related to the enforcement of this Act.(a) return to a person any document, or thing, provided under this section by a person; and(b) destroy a copy of any document provided under this section by a person –200C. Offences and proceedings in relation to notice
(1) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under section 200B .Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.(2) A person must not provide any document or information, or answer any question, in purported compliance with a requirement made under section 200B , if the person knows, or ought to know, that the document, information or answer is false or misleading in a material particular.Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.(3) In any proceedings for an offence under section 200B , a copy of a document or part of a document made under section 200B(7) is admissible in evidence in those proceedings and, in the absence of evidence to the contrary, the contents of the copy are to be presumed to be the same as those of the original document or part.(4) Any information provided, answer given or statement made by a person in response to a requirement made under section 200B may not be used in any proceedings against that person, except proceedings under subsection (1) or (2) in relation to that information, answer or statement.(5) If the Commission has reason to believe that any document or thing provided under section 200B is evidence of an offence against this Act or the regulations, the Commission may retain the document or thing until proceedings for the offence have been heard and determined.200D. Appointment and identification of inspectors
(1) The Commission may appoint any of the following persons as inspectors for the purposes of this Act:(a) a member of staff of the Commission;(b) a person belonging to a class of persons prescribed by the regulations.(2) The Commission may only appoint a person to be an inspector if the Commission is satisfied that the person –(a) has the necessary expertise or experience to perform and exercise functions and powers under this Act; or(b) has satisfactorily completed training approved by the Commission.(3) The Commission may revoke the appointment of a person as an inspector.(4) The Commission is to cause each inspector to be issued with a means of identification in the approved form.(5) In the course of performing or exercising the functions or powers of an inspector under this Act, the inspector must, if requested to do so by any person affected by the performance or exercise of any such function or power, produce the inspector’s identification for inspection by the person, unless to do so would defeat the purpose for which the functions or powers are to be performed or exercised.(6) The Commission may enter into an arrangement with the Commissioner of Police for a police officer to perform or exercise the functions or powers of an inspector under this Act.(7) A police officer who exercises or performs the functions or powers of an inspector in accordance with an arrangement under subsection (6) is taken to be an inspector for the purposes of this Act.(8) An inspector must, within 14 days after the person’s appointment as an inspector is revoked, return the inspector’s identification to the Commission.Penalty: Penalty not exceeding 50 penalty units.(9) A function or power of the Commission under section 200B may be performed or exercised by an inspector authorised under section 200B(2) to perform or exercise the function or power.200E. Entry by inspector, &c., under warrant
(1) An inspector may apply to a magistrate for the issue of a warrant under subsection (4) .(2) An application under subsection (1) for a warrant must be sworn and state the grounds on which the warrant is sought.(3) A magistrate may refuse to consider an application under subsection (1) until the inspector gives the magistrate, in the manner the magistrate requires, all the information about the application that the magistrate requires.(4) A magistrate may, on the application under subsection (1) of an inspector, issue a search warrant if the magistrate is satisfied that there are reasonable grounds to suspect that –(a) there may be, at any time within the next 24 hours, at, on or in any land, premises, vessel, aircraft or vehicle, a relevant document, or other thing, that may provide evidence relating to a contravention of this Act; and(b) if a notice under section 200B were given for the production of the relevant document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed.(5) A search warrant issued to an inspector authorises the inspector, or any other person named in the warrant, with the assistance that the inspector or other person thinks necessary and with reasonable force –(a) to enter on land, or on or into any premises, vessel, aircraft or vehicle, specified in the warrant; and(b) to search the land, premises, vessel, aircraft or vehicle for relevant documents or other things, being documents, or things, of a kind described in the warrant, that may provide evidence relating to a contravention of this Act; and(c) to seize the relevant documents or things.(6) For the purpose of ascertaining whether this Act is being or has been contravened, an inspector may –(a) in accordance with a warrant issued by a magistrate, at any reasonable time, enter on any land, or on or into any premises, vessel, aircraft or vehicle, at, on or in which the inspector has reasonable grounds to believe relevant documents or things are kept; and(b) request the owner or occupier of any land, premises, vessel, aircraft or vehicle to produce for inspection any relevant documents or things at, on or in the land, premises, vessel, aircraft or vehicle; and(c) request any person employed or engaged at or on any land, premises, vessel, aircraft or vehicle to produce for inspection any relevant documents or things that are in the custody, or under the control, of that person; and(d) examine and inspect any relevant documents or things that are at, on or in any land, premises, vessel, aircraft or vehicle; and(e) copy, or take extracts from, any relevant documents that are at, on or in any land, premises, vessel, aircraft or vehicle.(7) A person must not –(a) refuse or intentionally delay the admission, to any land, premises, vessel, aircraft or vehicle, of an inspector in the performance or exercise of the inspector’s functions or powers under this section; or(b) intentionally obstruct an inspector in the performance or exercise of the inspector’s functions or powers under this section; or(c) fail to comply with a request of an inspector made under this section.Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both.(8) If a document or other thing is seized by a person under a warrant issued under subsection (4) –(a) the person may retain the document or other thing as long as is reasonably necessary for the purposes of investigating whether a contravention of this Act has occurred; and(b) the person must, as soon as reasonably practicable after the document or other thing is no longer required for the purposes of investigating whether a contravention of this Act has occurred, cause the document or other thing to be delivered to the person who appears to the first-mentioned person to be entitled to the possession of the document or other thing.200F. Warrant by telephone or other electronic means
(1) An inspector may make, by telephone, facsimile or other electronic means, an application under section 200E(1) to a magistrate for the issue of a warrant under section 200E(4) –(a) in any urgent case; or(b) if the delay that would occur if the application were made in person would frustrate the effective execution of the warrant.(2) A magistrate to whom an application in accordance with subsection (1) is made by an inspector may require the inspector to communicate by voice to the extent that is practicable in the circumstances.(3) If an application is made in accordance with subsection (1) to a magistrate and the magistrate, after considering the information that is provided by the inspector in support of the application or that the magistrate requires, is satisfied that the grounds for the issue of the warrant specified in section 200E(4) are made out and –the magistrate may issue the warrant under section 200E(4) by completing and signing the same form of warrant that would be issued under section 200E(4) .(a) a warrant in the terms of the application should be issued urgently; or(b) the delay that would occur if the application were made in person would frustrate the effective execution of the warrant –(4) If the magistrate decides to issue the warrant for which an application is made in accordance with subsection (1) by an inspector –(a) the magistrate is to inform the inspector, by telephone, facsimile or other electronic means, of the terms of the warrant and the day on which, and the time at which, the warrant was signed; and(b) the inspector is to complete a form of the warrant in terms substantially corresponding to the terms of which the inspector was informed by the magistrate and to state on the form the name of the magistrate and the day on which, and the time at which, the warrant was signed.(5) The inspector to whom a warrant is issued pursuant to an application made under subsection (1) is to, no later than the day after the day on which the warrant expires or is executed, whichever occurs first, give or transmit to the magistrate –(a) the form of warrant completed by the inspector; and(b) if the information on the basis of which the warrant was issued was not sworn by the inspector, that information duly sworn.(6) The magistrate is to attach to the documents provided under subsection (5) the form of warrant completed by the magistrate and to return the documents and form to the inspector to whom the warrant was issued.(7) If –the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.(a) it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under section 200E(4) in accordance with this section was duly authorised; and(b) the form of warrant signed by the magistrate that issued the warrant is not produced in evidence –
29. Section 244C inserted
After section 244B of the Principal Act , the following section is inserted in Part 10:244C. Transitional provisions consequent on enactment of Electoral Matters (Miscellaneous Amendments) Act 2023
A registered party that is a registered party immediately before the day on which this section commences must, within the 6-month period after that day, provide to the Commission the constitutional documents in relation to the registered party.
PART 4 - Legislative Council Electoral Boundaries Act 1995 Amended
In this Part, the Legislative Council Electoral Boundaries Act 1995 is referred to as the Principal Act.
31. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" from the definition of further objection and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting "Redistribution Tribunal" from the definition of further redistribution proposal and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting "Redistribution Tribunal" from the definition of initial objection and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting "Redistribution Tribunal" from the definition of public office and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting "Tribunal" second occurring from the definition of public office and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting the definitions of Redistribution Committee and Tribunal and substituting the following definitions:Redistribution Committee means the Redistribution Committee appointed under section 4 ;Tasmanian Augmented Electoral Commission means the Tasmanian Augmented Electoral Commission appointed under section 4 .
32. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Act is amended by omitting "Redistribution Committee and Redistribution Tribunal" from the heading to that Division and substituting "Redistribution Committee and Tasmanian Augmented Electoral Commission".
33. Section 4 amended (Appointment of Redistribution Committee and Tasmanian Augmented Electoral Commission)
Section 4 of the Principal Act is amended as follows:(a) by omitting subsection (1) and substituting the following subsection:(1) In this section –prescribed period, in relation to an appointment of the Redistribution Committee or the Tasmanian Augmented Electoral Commission, means a period of 60 days after a recommendation by the Electoral Commissioner is given to the Minister under section 10(2) .(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3A) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (3A)(a) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (3A)(b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from subsection (3A)(c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from subsection (4) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(h) by omitting from subsection (5) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
34. Section 6 amended (Tasmanian Augmented Electoral Commission)
Section 6 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (1)(a) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
35. Section 7 amended (Alternate members of Redistribution Committee and Tasmanian Augmented Electoral Commission)
Section 7 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(a)(ii) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (1)(b)(i) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (1)(b)(ii) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (3)(a) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
36. Section 7A amended (Filling of casual vacancies)
Section 7A(1) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
37. Section 8 amended (Sitting fees, allowances, &c.)
Section 8 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
38. Section 10 amended (Commencement of redistributions)
Section 10(2) of the Principal Act is amended by omitting "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
39. Section 15 amended (Notice of initial redistribution proposal)
Section 15(3) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
40. Part 2, Division 4: Heading amended
Division 4 of Part 2 of the Principal Act is amended by omitting "Objections and inquiries by Redistribution Tribunal" from the heading to that Division and substituting "Objections and inquiries by Tasmanian Augmented Electoral Commission".
41. Section 17 amended (Objections in relation to initial redistribution proposal)
Section 17 of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
42. Section 18 amended (Consideration of initial objections)
Section 18 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
43. Section 19 amended (Notice of inquiries)
Section 19 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" first occurring and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (2)(c)(i) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (2)(c)(ii) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (2)(c)(iii) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
44. Section 20 amended (Procedure at inquiries)
Section 20 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (5)(a) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from subsection (5)(b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from subsection (5)(c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(h) by omitting from subsection (5) "Tribunal" fourth occurring and substituting "Tasmanian Augmented Electoral Commission";(i) by omitting from subsection (6) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(j) by omitting from subsection (6) "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(k) by omitting from subsection (7) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(l) by omitting from subsection (8) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(m) by omitting from subsection (8) "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(n) by omitting from subsection (8) "Tribunal" third occurring and substituting "Tasmanian Augmented Electoral Commission";(o) by omitting from subsection (8) "Tribunal" fourth occurring and substituting "Tasmanian Augmented Electoral Commission";(p) by omitting from subsection (9) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(q) by omitting from subsection (9) "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(r) by omitting from subsection (9) "Tribunal" third occurring and substituting "Tasmanian Augmented Electoral Commission".
45. Section 21 amended (Further redistribution proposals)
Section 21 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3)(a) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (3)(b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (3)(c) "Tribunal" first occurring and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from subsection (3)(c)(i) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from subsection (3)(c)(ii) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(h) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(i) by omitting from subsection (4)(b) "Redistribution Tribunal's" and substituting "Tasmanian Augmented Electoral Commission’s";(j) by omitting from subsection (4)(c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
46. Section 22 amended (Further objections)
Section 22 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
47. Section 23 amended (Administration of oath)
Section 23 of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission".
48. Section 24 amended (Allowances to witnesses)
Section 24 of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
49. Part 2, Division 5: Heading amended
Division 5 of Part 2 of the Principal Act is amended by omitting "Determination by Redistribution Tribunal" from the heading to that Division and substituting "Determination by Tasmanian Augmented Electoral Commission".
50. Section 25 amended (Redistribution of State)
Section 25 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (4) "Tribunal's" and substituting "Tasmanian Augmented Electoral Commission’s".
51. Section 26 amended (Reasons for determination made by Tasmanian Augmented Electoral Commission)
Section 26 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
52. Section 27 amended (Copies of certain documents to be forwarded to both Houses of Parliament)
Section 27(1) of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from paragraph (e) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from paragraph (f) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from paragraph (g) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from paragraph (h) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
53. Section 28 amended (Decisions and determinations under this Part final, &c.)
Section 28(1) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
54. Section 29 amended (Effective date of redistribution)
Section 29 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
55. Section 29A amended (Transition arrangements to implement redistribution of State in respect of Legislative Council)
Section 29A of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (4) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (5) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from subsection (6) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from subsection (7) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from subsection (8) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from subsection (9) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(h) by omitting from subsection (10) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(i) by omitting from subsection (11) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(j) by omitting from subsection (12) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
56. Section 29B amended (Notice of hearing)
Section 29B(1) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
57. Section 29C amended (Procedure at hearing)
Section 29C(2) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
58. Section 29D amended (Tasmanian Augmented Electoral Commission to make initial transition proposal)
Section 29D of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
59. Section 29E amended (Reasons for initial transition proposal)
Section 29E of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
60. Section 29F amended (Notice of initial transition proposal)
Section 29F of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (1)(a)(iii) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
61. Section 29G amended (Consideration of comments, suggestions and objections)
Section 29G of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
62. Section 29H amended (Notice of inquiries)
Section 29H of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2)(b) "Tribunal's" and substituting "Tasmanian Augmented Electoral Commission’s";(c) by omitting from subsection (2)(c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
63. Section 29I amended (Procedure at transition inquiry)
Section 29I(2) of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
64. Section 29J amended (Transition determination)
Section 29J of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
65. Section 29K amended (Reasons for transition determination made by Tasmanian Augmented Electoral Commission )
Section 29K of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
66. Section 29L amended (Copies of documents relating to transition determination to be forwarded to both Houses of Parliament)
Section 29L(1) of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from paragraph (b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from paragraph (c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from paragraph (d) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from paragraph (e) "Tribunal" twice occurring and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from paragraph (f) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from paragraph (g) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
67. Section 30 amended (Publication of notices)
Section 30 of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from paragraph (c) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from paragraph (d) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
68. Section 31 amended (Protection of members of Redistribution Committee or Tasmanian Augmented Electoral Commission and witnesses)
Section 31 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
69. Section 32 amended (Improper influence)
Section 32 of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
70. Section 33 amended (Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain information)
Section 33 of the Principal Act is amended as follows:(a) by omitting from subsection (2) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from subsection (2) "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from subsection (3) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
71. Section 34 amended (Information and staff to be provided to Redistribution Committee or Tasmanian Augmented Electoral Commission)
Section 34 of the Principal Act is amended as follows:(a) by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(b) by omitting from paragraph (a) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from paragraph (b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
72. Section 35 amended (Information from Deputy Commonwealth Statistician, Tasmania, &c.)
Section 35 of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
73. Section 36 amended (Redistribution Committee or Tasmanian Augmented Electoral Commission may obtain advice)
Section 36 of the Principal Act is amended by omitting "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
74. Schedule 2 amended (Meetings of Redistribution Tribunal)
Schedule 2 to the Principal Act is amended as follows:(a) by omitting the heading and substituting the following heading:Meetings of Tasmanian Augmented Electoral Commission(b) by omitting from clause 1 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(c) by omitting from clause 1 "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(d) by omitting from clause 2 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(e) by omitting from clause 2 "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(f) by omitting from clause 3 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(g) by omitting from clause 3 "Tribunal" second occurring and substituting "Tasmanian Augmented Electoral Commission";(h) by omitting from clause 4 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(i) by omitting from clause 5 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(j) by omitting from clause 6 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(k) by omitting from clause 7(a) "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(l) by omitting from clause 7(b) "Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(m) by omitting from clause 8 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission";(n) by omitting from clause 9 "Redistribution Tribunal" and substituting "Tasmanian Augmented Electoral Commission".
PART 5 - Concluding Provision
This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.
[Second reading presentation speech made in:
House of Assembly on 23 NOVEMBER 2022
Legislative Council on 15 NOVEMBER 2023]