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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-16 Daily Xml
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ELECTORAL (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council insisted on its amendment No. 12 and agreed not to insist on its amendments Nos. 5, 6 and 11 and agreed not to insist on its amendments Nos 1 and 15 to which the House of Assembly has disagreed, and agreed to the alternative amendments made by the House of Assembly; agreed not to insist on its amendments Nos 4 and 14 but made alternative amendments as indicated in the following schedule to which it desires the concurrence of the House of Assembly. The Legislative Council agreed not to insist on its amendment No. 7, disagreed to the alternative amendments made by the House of Assembly, but made an alternative amendment in lieu of the alternative amendments of the House of Assembly as indicated in the following schedule, to which it desires the concurrence of the House of Assembly.

Legislative Council's Alternative Amendment to Amendment No. 4

New clauses, page 6, after line 29—Insert:

13A—Amendment of section 47—Issue of writ

Section 47—after subsection (2) insert:

(2a) In the case of a general election for the House of Assembly, the writ or writs for the elections in all House of Assembly districts must be issued 28 days before the date fixed for the polling in each district under section 48.

13B—Amendment of section 48—Contents of writ

(1) Section 48(3)(a)—delete '—the date falling 10 days after the date of the issue of the writ;' and substitute:

—

(i) in the case of a general election for the House of Assembly—the date falling 6 days after the date of the issue of the writ; or

(ii) in any other case—the date falling 10 days after the date of the issue of the writ;

(2) Section 48(4)—delete 'a date falling not less than 3 days nor more than 14 days after the date fixed for the close of the rolls.' and substitute:

—

(i) in the case of a general election for the House of Assembly—the date falling 3 days after the date fixed for the close of the rolls; or

(ii) in any other case—a date falling not less than 3 days nor more than 14 days after the date fixed for the close of the rolls.

Legislative Council's Alternative Amendment to Amendment No. 14

Clause 22, page 9, lines 21 to 27 [clause 22, inserted section 112A(1)(c)]—Delete paragraph (c) and substitute:

(c) the card—

(i) has substantially the same appearance as a how-to-vote card that—

(A) has been submitted for inclusion in posters under section 66; or

(B) has been lodged with the Electoral Commissioner no later than 12 noon on the day falling 8 days before polling day; or

(ii) is a compilation of more than 1 how-to-vote card of a kind referred to in subparagraph (i) (provided that those how-to-vote cards relate to different electoral districts).

Clause 22, page 9, after line 33 [clause 22, inserted section 112A]—After subsection (2) insert:

(2a) If a how-to-vote card is lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) by or on behalf of a candidate, no further how-to-vote card may be lodged in relation to the same election by or on behalf of that candidate.

Clause 22, page 10, after line 18 [clause 22, inserted section 112A]—After subsection (5) insert:

(5a) Despite subsection (5), a how-to-vote card distributed by or on behalf of a candidate (the relevant candidate) will be taken not to have substantially the same appearance as—

(a) the relevant candidate's initial submitted how-to-vote card (if any); or

(b) a how-to-vote card lodged under subsection (1)(c)(i)(B) by or on behalf of the relevant candidate,

if—

(c) the distributed how-to-vote card indicates that the first preference vote should be given to a different candidate from the relevant candidate or any other candidate indicated as a candidate to whom a first preference vote should be given on a how-to-vote card referred to in paragraph (a) or (b); and

(d) the relevant candidate has not given written notice at least 8 days before the card is distributed and in accordance with any other requirements of the regulations to the candidate to whom the distributed how-to-vote card indicates that the first preference vote should be given.

Legislative Council's Alternative Amendment to its Amendment No. 7

Clause 17, page 8, line 15 [clause 17, inserted section 74A(1)]—After '(an application form)' insert:

unless—

(a) the application form is in the prescribed form; and

(b) it is stated on the form that it must be returned directly to the Electoral Commissioner; and

(c) no additional information or matter appears on the form or on the reverse side of the form

Consideration in committee.

Mr GARDNER: I just want to thank the government for its sensible approach, eventually, to all the amendments that have been put in relation to this bill, and I congratulate the Hon. Stephen Wade and the Hon. Rob Lucas for the excellent manner in which they have been persuasive in the case of so many of these amendments. I think they have done a very good job and I want to record that for the house.

Amendment No. 12:

The Hon. J.R. RAU: I move:

That the House of Assembly no longer insist on its disagreement.

Motion carried.

Amendment Nos 4 and 14:

The Hon. J.R. RAU: I move:

That the House of Assembly no longer insist on its disagreement and agrees to the alternative amendments.

Can I say in response that it is not so much a matter of persuasion, it is a matter of being able to count.

Motion carried.

Amendment No. 7:

The Hon. J.R. RAU: I move:

That the House of Assembly no longer insists on its alternative amendment and agrees with the Legislative Council's alternative amendments.

Motion carried.

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