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SCHEDULE 1 Section 16 MODIFICATIONS OF COMMONWEALTH ELECTORAL ACT Modifications of Part I—Preliminary Subsection 4 (1): (a) Omit the definitions of “Australian Capital Territory”, “General election”, “Itinerant elector”, “Political party”, “Registered political party”, “Register of Political Parties” and “Territory”. (b) Insert the following definitions: “ ‘Ballot-line’ means the line required by paragraph 209 (2) (a) to appear on ballot-papers; ‘Continuing party’ means a party that has not been excluded under section 19 of the Territory Electoral Act; ‘Preference mark’ means the number 1, a tick or a cross; ‘Territory Electoral Act’ means the Australian Capital Territory (Electoral) Act 1988; ‘this Act’, except in sections 7 and 32, includes the Territory Electoral Act;”. After subsection 4 (1): Insert the following subsection: “(1a) For the purposes of this Act, a registered party shall be taken to endorse a candidate in a general election if the party nominates the candidate in the election.”. Subsections 4 (5), (6), (7) and (8): Paragraph 4 (9) (b): Paragraph 4 (9) (c): Omit “a State or”, substitute “the Commonwealth, a State or a”. Paragraph 4 (9) (d): After “State” insert “, of the Assembly”. Modifications of Part V—Subdivisions and polling places Section 79: Subsections 80 (2) and (3): “(2) No polling place shall be abolished during a pre-election period. “(3) The Electoral Commission shall, on at least one occasion within each pre-election period, if it is practicable to do so, publish in a newspaper circulating generally in the Territory a notice setting out all polling places in the Territory.”. Modification of Part VII—Qualifications and disqualifications for enrolment and for voting Subsections 93 (1) and (2): Subsection 93 (5): Subsection 93 (8): Omit “any Senate election or House of Representatives election”, substitute “a general election”. Subsection 93 (8a): Section 94: Omit “eligible overseas elector” (wherever occurring), substitute “eligible Territory overseas elector”. Paragraph 94 (1) (a): Paragraph 94 (1) (b): Omit “Australia” (second occurring), substitute “the Territory”. After paragraph 94 (1) (b): Add the following word and paragraph: “; and (c) who has applied to be treated as an eligible overseas elector under section 94 of the Commonwealth Electoral Act 1918;”. Paragraph 94 (5) (c): Omit “Australia” (first occurring), substitute “the Territory”. Paragraph 94 (8) (a): Omit “Australia” (first occurring), substitute “the Territory”. Paragraph 94 (8) (b): Paragraph 94 (9) (b): Paragraph 94 (11) (b): Section 95: Omit “eligible overseas elector” (wherever occurring), substitute “eligible Territory overseas elector”. Paragraph 95 (1) (e): Paragraph 95 (1) (f): After paragraph 95 (1) (f): Add the following word and paragraph: “; and (fa) who has applied to be treated as an eligible overseas elector under section 95 of the Commonwealth Electoral Act 1918;”. Paragraph 95 (6) (b): Subsection 95 (8): Omit “Australia” (wherever occurring), substitute “the Territory”. Paragraph 95 (9) (b): Paragraph 95 (11) (b): Sections 96 and 97: Modifications of Part XI—Registration of political parties Subsection 123 (1) (definition of “Eligible political party”): Omit the definition, substitute the following definition: “ ‘Eligible political party’ means a political party which may be registered under section 13 of the Territory Electoral Act;”. Subsection 123 (3): Sections 124 and 125: Subsection 126 (1): Omit all words after “Commission”, substitute “by the secretary of the party.”. Subsection 126 (2): Paragraph 126 (2) (e): (c) Add at the end “and”. Paragraph 126 (2) (f): Paragraph 126 (2) (g): Omit “(if any) to which paragraph (f) applies”, substitute “of the party”. Section 127: Omit all words after “During” and before “no action”, substitute “a pre-election period”. Section 128: (a) Omit “3 months”, substitute “30 days”. (b) Omit “this Part”, substitute “the Territory Electoral Act”. (c) After “Parliamentary party” insert “at least one member of which is a member of the Parliament of the Commonwealth”. Section 129: After “this Act” insert “in its application in relation to general elections”. Section 130: Subsections 131 (1) and (3): Omit “or applicants” (wherever occurring). Paragraph 132 (1) (b): Omit all words after “and in” and before “a notice”, substitute “a newspaper circulating generally in the Territory”. Paragraph 132 (2) (b): (a) Omit “1 month”, substitute “7 days”. (b) Omit “in the Gazette”. Subparagraph 133 (1) (a) (iii): After “this Act” insert “in its application in relation to general elections”. Paragraph 133 (1) (b): Subsection 133 (3): Subsection 134 (1): (a) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”. (b) Omit all words after “Commission” and before “to change”, substitute “by the secretary of the party”. Paragraph 134 (2) (a): Paragraph 134 (2) (c): Paragraph 134 (6) (b): Subsection 134 (7): Subsection 135 (1): (a) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”. (b) Omit all words after “Commission” (second occurring), substitute “by the secretary of the party”. Paragraph 135 (2) (a): Paragraph 135 (2) (b): Subsection 135 (3): Omit “this Part”, substitute “section 13 of the Territory Electoral Act”. Subsection 136 (1): (a) Omit “the elections for the Senate or the House of Representatives”, substitute “a general election”. (b) Omit “this Part”, substitute “section 13 of the Territory Electoral Act”. Subsection 136 (3): Subsections 137 (1), (2) and (3): “(1) If the Commission is satisfied on reasonable grounds that a political party registered under section 13 of the Territory Electoral Act has ceased to exist (whether by amalgamation with another political party or otherwise), the Commission shall: (a) give the registered officer of the party notice, in writing, that it is considering de-registering the party under this section setting out its reasons for considering doing so; and (b) publish a notice in the Gazette that it is considering de-registering the party under this section. “(2) Where a notice is given under paragraph (1) (a) in relation to a political party, the registered officer of the party may, within one month after the day on which the notice was given, lodge with the Commission a statement, in writing, signed by the registered officer setting out reasons why the party should not be de-registered under this section.”. Subsection 137 (4): Omit “(d)”, substitute “(a)”. Subsection 137 (5): Omit “(d)”, substitute “(a)”. Paragraph 140 (1) (a): Subsection 140 (2): (a) Omit “, or persons are,”. (b) Omit “or persons”. (c) Omit all words after “Canberra”. Subsection 140 (3): (a) Omit “, or persons are,”. (b) Omit “or persons”. Subsection 141 (1) (definition of “reviewable decision”): In paragraphs (a) and (b) of the definition, omit “this Part”, substitute “section 13 of the Territory Electoral Act”. Modifications of Part XIV—Nominations Sections 162 and 163: Section 164: Omit all words after “member of, substitute: “(a) the Parliament of the Commonwealth; (b) the Parliament of a State; or (c) the Legislative Assembly of the Northern Territory of Australia; is not capable of being nominated as a member of the Assembly.”. Section 165: Subsection 166 (1): Omit “may be in Form C, CA, CB, CC, D or DA in the Schedule, as the case requires,”, substitute “shall be in a form approved by the Electoral Commission”. Paragraph 166 (1) (a): Omit “and” (last occurring). Paragraph 166 (1) (b): Omit the paragraph, substitute the following paragraphs: “(b) be signed by: (i) in the case of a candidate being nominated as an independent candidate in the election, 2 persons entitled to vote at the election; or (ii) in the case of a candidate or candidates being nominated by a registered party, the registered officer of the party; (c) where there are 2 or more candidates nominated by a particular registered party, specify the order in which their names are to be listed on the ballot-paper; and (d) in the case of a candidate or candidates nominated by a particular registered party, state whether the full name of the party or an abbreviation of it is to appear on the ballot-paper.”. Subsection 166 (5): Subsection 167 (1): “(1) Nominations of members of the Assembly may be made to the Australian Capital Territory Electoral Officer.”. Subsection 167 (2): Omit “the issue of the writ”, substitute “the commencement of the pre-election period for the election”. Sections 168 to 169c (inclusive): Subparagraph 170 (a) (ii): Omit the subparagraph, substitute the following subparagraph: “(ii) declares that the person is qualified to be elected as a member of the Assembly;”. Paragraph 170 (b): Omit “the issue of the writ”, substitute “the commencement of the pre\-election period for the election”. Paragraph 170 (c): Omit all words after “deposits with” and before “in legal tender”, substitute “the Australian Capital Territory Electoral Officer the sum of $100”. Section 171: Omit “Australian Electoral Officer or Divisional Returning Officer”, substitute “Australian Capital Territory Electoral Officer”. Section 173: (a) Insert at the beginning of the section the following subsection: “(1) In this section, ‘base number’ has the same meaning as in subsection 19 (1).”. (b) Omit “a Senate election or at a House of Representatives election”, substitute “a general election”. (c) Omit paragraphs (a) and (b), substitute the following paragraphs: “(a) in the case of an independent candidate, if the base number of the candidate is at least 4% of the total number of formal votes in the election; and (b) in the case of a candidate nominated by a registered party, if the base number of the party is at least 4% of the total number of formal votes in the election;”. (d) Omit “to the Commonwealth”, substitute: “to: (a) in the case of the first general election, the Commonwealth; or (b) in the case of any other general election, the Territory.”. Subsection 174 (1): Omit “an election of Senators for a State or Territory the office of the Australian Electoral Officer for that State or Territory”, substitute “a general election, the office of the Australian Capital Territory Electoral Officer”. Subsection 174 (2): Subsection 176 (1): Omit “In the case of a Senate election, the Australian Electoral Officer”, substitute “The Australian Capital Territory Electoral Officer”. Subsection 176 (2): Section 177: (a) Omit all words after “lodging with” and before “a notice”, substitute “the Australian Capital Territory Electoral Officer”. (b) Add the following subsection: “(2) The registered officer of a registered party may cancel the nomination of a candidate of that party at any time before the hour of nomination by lodging with the Australian Capital Territory Electoral Officer a notice of cancellation, and thereupon the nomination shall be cancelled, and the deposit lodged shall be returned to the candidate.”. Subsection 179 (1): (a) Omit “In the case of a Senate election, if, substitute “If”. Subsection 179 (2): Subsection 180 (1): (a) Omit “for the Senate”. (b) Omit “and the writ returned”. Subsection 180 (2): Subsection 181 (1): Omit “a new writ shall forthwith be issued”, substitute “, the Commission shall set a day”. Modifications of Part XV—Voting by post Subsection 184 (1): Omit “State or Territory for which he is enrolled” (wherever occurring), substitute “Territory”. Subsection 184 (2): (a) Omit “or elections” (wherever occurring). (b) Omit “as the case may be”. Paragraph 184 (2) (c): Omit “after the issue of a writ for the election”, substitute “within the pre-election period for the election”. Subsection 184 (7): Subsection 186 (1): Omit all words before “send an application”, substitute “A Divisional Returning Officer for a Division in the Territory shall, as soon as practicable after the public announcement of the proposed polling day in a general election, other than an ordinary election, and, as soon as practicable after the commencement of the pre-election period for an ordinary election”. Subsection 186 (2): (a) Omit “issue of the writ”, substitute “close of nominations”. (b) Omit all words after “1 postal ballot-paper” (first occurring), substitute “for the election”. Subsection 188 (1): Omit all words after “1 postal ballot-paper” (first occurring), substitute “for the election”. Subsection 188 (3): After “prescribed” insert “or in the form approved by the Electoral Commission”. Subsection 192 (1): Omit “sections 93 and 229”, substitute “section 11 of the Territory Electoral Act and section 229”. Paragraph 200 (4) (a): Omit “Senate election but no other ballot-paper”, substitute “general election”. Subparagraph 200 (4) (d) (i): Subsections 200 (5) and (8): Subsection 200 (9): (a) Omit “, (4) or (5)”, substitute “or (4)”. (b) Omit words in brackets. Subsection 200 (10): Modifications of Part XVI—The Polling Subsections 209 (1) and (2): “(1) Ballot-papers to be used in a general election shall be in a form approved by the Electoral Commission. “(2) A form of ballot-papers approved by the Electoral Commission shall be such that: (a) there is a horizontal line across each ballot-paper; (b) above that line and in order from left to right are the names of each registered party that has nominated a candidate or candidates followed by the names of each independent candidate under the heading ‘Independent Candidates’ or ‘Independent Candidate’, as the case requires; and (c) below that line and below the name of each registered party is the name of the candidate, or a list in vertical order of the names of the candidates, nominated by the party.”. Subsection 209 (3): Omit all words after “printed on” and before “and shall use”, substitute “white paper”. Section 210: Paragraph 210 (a): Omit the paragraph, substitute the following paragraph: “(a) where there are 2 or more candidates nominated by a particular registered party, their names shall be printed on ballot-papers in the order requested in their nomination;”. Paragraph 210 (c): (a) Omit “several groups”, substitute “registered parties”. Paragraph 210 (d): (a) Omit “candidates whose names are not included in any group”, substitute “independent candidates in the election”. Paragraph 210 (f): Before “each candidate” insert “each registered party above the ballot-line and”. Subsection 210 (2): Subsections 210a (1) and (2): Before “Register” insert “Australian Capital Territory”. Subsection 210a (3): (a) Omit “under section 169”, substitute “in the relevant nomination”. (b) Omit “adjacent to the name of a candidate”. Subsection 210a (4): Omit “adjacent to the names of candidates”. Subsection 210a (5): Omit “adjacent to squares printed, in accordance with subsection 211 (5),”. Sections 211, 211a and 212: Omit the sections, substitute the following section: Party voting tickets “211\. (1) Where a registered party has nominated a candidate or candidates for a general election, the registered officer of the party may, before the expiration of 24 hours after the closing of nominations for the election, lodge with the Australian Capital Territory Electoral Officer a written statement that the party wishes voters in the election who vote for the party to indicate subsequent preferences for some or all of the other parties, candidates of other parties and independent candidates in the election in an order specified in the statement. “(2) A registered party shall not lodge a statement for the purposes of subsection (1) that indicates equal preferences. “(3) Without limiting the generality of subsection (1), a statement by a party for the purposes of that subsection may specify an order of preferences by setting out the names of the other parties, the names of the candidates of the other parties, and the names of the independent candidates, in the election in the lists, and in the order, in which they are to be set out on a ballot-paper, with squares opposite each name and with numbers in squares showing that order of preferences. “(4) Where a party lodges a statement under subsection (1) in relation to an election, that party shall be taken to have a party voting ticket registered for the purposes of the election, being the order of preferences given in that statement. “(5) A statement by a party under subsection (1) shall be signed by the registered officer of the party.”. Subsection 213 (1): (a) Omit “or 212”. (b) Omit “names of candidates or of groups”, substitute “registered parties or names of independent candidates”. Subparagraph 213 (1) (a) (i): Omit “names or groups”, substitute “parties or names”. Subparagraph 213 (1) (a) (iii): Omit “candidates or groups”, substitute “parties or independent candidates”. Subparagraph 213 (1) (a) (v): After “Australian Public Service” (wherever occurring) insert “, a public servant or a member of the staff of a Territory authority”. Subparagraph 213 (1) (a) (vi): Omit “name or group” (wherever occurring), substitute “party or name”. Subparagraph 213 (1) (a) (ix): (a) After “Australian Public Service” (first occurring) insert “, a public servant or a member of the staff of a Territory authority”. (b) Omit “another officer of the Australian Public Service”, substitute “another person who is an officer of the Australian Public Service, a public servant or a member of the staff of a Territory authority”. Subparagraph 213 (1) (a) (xi): Omit “name or group”, substitute “party or name”. Paragraph 213 (1) (b): Omit “names or groups” (wherever occurring), substitute “parties or names”. Subsection 213 (2): Section 214: Section 216: Party voting tickets to be displayed “216\. (1) Where a party voting ticket is, or party voting tickets are, registered for the purposes of an election, the Australian Capital Territory Electoral Officer shall cause a poster showing the ticket, or all the tickets, to be prominently displayed at each polling booth. “(2) A poster for the purposes of subsection (1) shall be so prepared that: (a) voting tickets are displayed in vertical columns; and (b) the tickets are displayed in the same order from the top of each column as the order on the ballot-papers of the parties by which the tickets were lodged.”. Subsection 218 (3): Subsections 221 (1) and (2): Subsection 221 (3): (a) Omit “For the purposes of this section, the”, substitute “The”. (b) Omit “date fixed for the polling”, substitute “polling day”. Subsection 222 (1): Omit all words after “within the”, substitute “Territory”. Paragraph 224 (2) (b): Omit all words after “is” (first occurring), substitute “an elector of the Territory”. Paragraph 225 (4) (b): Omit all words after “is” (first occurring), substitute “an elector of the Territory”. Subsection 226 (3): Paragraph 226 (5) (a): Omit “on the day of the issue of the writ”, substitute “36 days before the polling day”. Section 227: Subsection 228 (2): Omit “or 227 (10)”. Paragraph 228 (4) (a): Omit “Electoral Officer for the State or Territory that includes that Division”, substitute “Capital Territory Electoral Officer”. Subsection 228 (7): Omit “Electoral Officer for the State or Territory that includes that Division”, substitute “Capital Territory Electoral Officer”. Subsection 229 (1): Paragraph 229 (1) (c): Omit “or Have you voted before in these elections? (as the case requires)”. Subsection 235 (7): Omit “Senate election but no other ballot-paper”, substitute “general election”. Subparagraph 235 (7) (b) (ii): Subsection 235 (8): Subsection 235 (10): Subsection 236 (1): Omit “sections 93 and 229”, substitute “section 18 of the Territory Electoral Act and section 229”. Subsections 239 (1) and (2): “(1) A voter may mark the ballot-paper: (a) by placing the number 1 in the square opposite the name of the independent candidate for whom the voter votes; (b) by placing the number 1 in the square opposite the name of the registered party for whom the voter votes; or (c) by placing the number 1 in the square opposite the name of a candidate in the list of candidates of the registered party for whom the voter votes. “(2) Where a voter has marked a ballot-paper in accordance with subsection (1), the voter may, if the voter wishes, also mark it by placing the number 2 or the numbers 2, 3 (and so on as the voter wishes) in squares opposite the names of the parties or candidates for whom the voter wishes to indicate preferences.”. Subsection 239 (3): Omit “in accordance with subsection 211 (5) or 211a (6)”, substitute “opposite the name of a registered party, an independent candidate or a candidate in a list of candidates”. Paragraph 239 (4) (a): Add at the end “or”. Paragraph 239 (4) (b): Omit “or”. Paragraph 239 (4) (c): Section 240: Section 244: Subsection 245 (1): Paragraph 245 (14) (a): Add at the end “or”. Paragraph 245 (14) (b): (a) Before “overseas” insert “Territory”. (b) Omit “or”. Paragraph 245 (14) (c): Modifications of Part XVII—Special provisions relating to the polling in Antarctica Subsection 248 (1): Omit “, 239 and 240”, substitute “and 239”. Subsection 250 (1): Omit all words before “shall”, substitute: “(1) If: (aa) the proceedings stand adjourned to polling day; and (ab) an Antarctic elector is entitled to vote in the election; the Australian Capital Territory Electoral Officer”. Paragraph 250 (1) (a): Omit “State”, substitute “Territory”. Paragraph 250 (1) (b): Omit “for the State”. Subsection 250 (2): Subsection 250 (3): (a) Omit “an Australian Electoral Officer or a Divisional Returning Officer”, substitute “the Australian Capital Territory Electoral Officer”. (b) Omit “both the Australian Electoral Officer or the Divisional Returning Officer, as the case may be”, substitute “the Australian Capital Territory Electoral Officer”. Subsection 250 (4): (a) Omit “, 212, 213”. (b) Omit “, 212”. Section 254: Omit “or (2) (b), as the case may be,”. Subsection 255 (1): Paragraph 255 (1) (b): Omit “or Have you voted in these elections? (as the case requires)”. Section 256: (a) Omit “Division or State, as the case requires, for which the person is enrolled”, substitute “Territory”. (b) Omit “or (2) (b), as the case may be,”. Paragraph 259 (b): Omit “the Australian Electoral Officer for each State for which there is enrolled an Antarctic elector who has voted in elections held in the State in the poll taken at the station”, substitute “the Australian Capital Territory Electoral Officer”. Subparagraph 259 (b) (i): (a) Omit “such”. (b) Omit “so”. Subsection 260 (1): Paragraph 260 (1) (a): Omit “appropriate for the State or Division for which the vote was cast”. Subsection 260 (3): Section 262: Modifications of Part XVIII—The scrutiny Subparagraph 266 (2) (b) (ii): Omit “each” (second occurring), substitute “the”. Subsection 266 (3): Omit “or ballot-papers” (wherever occurring). Paragraph 266 (4) (a): Omit “for a Senate election but no other ballot-paper”. Subparagraph 266 (4) (d) (i): Subsection 266 (5): Subsection 266 (10): Subsection 268 (1): Omit “by section 239, and”. Paragraphs 268 (1) (b) and (c): Omit the paragraphs, substitute the following paragraphs: “(b) it has no vote indicated on it; (c) a preference mark has been placed in more than one square above the ballot-line; (ca) preference marks have been placed in squares below the ballot-line opposite the names of candidates of different parties.”. Section 269: Certain marks taken not to be made “269\. (1) Where a formal ballot-paper: (a) has: (i) a preference mark in a square next to the name of a party; (ii) no other preference mark in a square above the ballot-line; and (iii) a preference mark in a square opposite the name of a candidate of another party; or (b) has: (i) a preference mark in a square next to the name of an independent candidate; (ii) no other preference mark in a square above the ballot-line; and (iii) a preference mark in a square opposite the name of a candidate of a party; the ballot-paper shall be taken not to have been marked below the ballot-line. “(2) Where a formal ballot-paper has: (a) a preference mark in a square next to the name of a party; (b) no other preference mark in a square above the ballot-line; and (c) a preference mark in a square opposite the name of a candidate of that party; the ballot-paper shall be taken not to have been marked above the ballot-line.”. Section 270: Indication of preferences “270\. (1) Where a formal ballot-paper: (a) has a preference mark in the square opposite the name of a continuing party; and (b) does not have any mark in a square below the ballot-line; the voter shall be taken to have indicated his or her preferences for the candidates of that party in the same order as the order of their names on the ballot-paper. “(2) Where a vote is transferred to a party under subsection 19 (4) of the Territory Electoral Act because of the expression of a next available preference in a square opposite the name of a party on a ballot-paper, the number expressing that preference shall be taken to be the number 1 and any other preference marks on the ballot-paper shall be taken not to have been made. “(3) Where, under subsection 21 (3) of the Territory Electoral Act, a preference indicated for the candidate of a party on a ballot-paper is taken to be a first preference, any other preference marks on the ballot-paper shall be taken not to have been made. “(4) Where, under subsection 19 (5) of the Territory Electoral Act, a vote is transferred to a party in accordance with a party voting ticket, the voter shall be taken to have indicated his or her preferences for the candidates of the party in the order indicated by that party voting ticket. “(5) Where a formal ballot-paper: (a) has marks expressing preferences for candidates of a particular continuing party; but (b) the preferences have not been expressed in strict consecutive numerical sequence; the preferences shall be allocated in accordance with the general sequence of numbers. “(6) Where a formal ballot-paper: (a) has a mark expressing a preference for a candidate of a particular continuing party; but (b) does not have marks expressing a preference in all the squares opposite the names of the other candidates of that party; then: (c) preferences shall be allocated in accordance with the general sequence of numbers indicated; and (d) preferences in relation to a candidate or candidates whose square is, or squares are, unmarked shall be allocated in the order in which the names of that candidate or those candidates appear on the ballot-paper. “(7) Where a formal ballot-paper has the same number in 2 or more squares opposite the names of candidates of a particular continuing party there shall be no allocation of preferences to those candidates, nor any further allocation of preferences. “(8) For the purposes of this section, a preference mark shall be taken to be the number 1.”. Section 272: Subsection 273 (1): Paragraph 273 (2) (a): Omit “or 227 (10)”. Paragraph 273 (2) (b): Omit all words after “ballot-papers” (first occurring). Paragraph 273 (2) (c): Omit the paragraph, substitute the following paragraphs: “(c) count: (i) the first preference votes received by each party; and (ii) the first preference votes received by each independent candidate; (ca) arrange the unrejected ballot-papers under the names of the parties and independent candidates by placing in a separate parcel all those on which a first preference vote has been given for the same party or independent candidate.”. Paragraph 273 (2) (d): Omit “votes given for each candidate”, substitute “ votes received by each party and each independent candidate”. Subparagraph 273 (2) (f) (i): Omit the subparagraph, substitute the following subparagraph: “(i) the number of first preference votes received by each party and each independent candidate; and”. Paragraphs 273 (5) (c) and (d): Omit the paragraphs, substitute the following paragraphs: “(c) count: (i) the first preference votes received by each party by votes indicated above the ballot-line; (ii) the first preference votes received by each candidate of a party; and (iii) the first preference votes received by each independent candidate; (d) transmit the following information to the Australian Capital Territory Electoral Officer: (i) the total number of first preference votes received by each political party; (ii) the total number of first preference votes received by each political party by votes indicated above the ballot-line; (iii) the total number of first preference votes received by each candidate of a party; (iv) the total number of first preference votes received by each independent candidate; and (v) the total number of ballot-papers rejected as informal; (da) arrange the unrejected ballot-papers scrutinised: (i) under the name of each party by placing in a separate parcel all the ballot-papers that indicated a voter’s preference for the candidates of the party in the same order as the order of their names on the ballot-papers; (ii) under the name of each party by placing in a separate parcel all the ballot-papers on which a first preference vote was given for the party otherwise than in a way referred to in subparagraph (i); and (iii) under the name of each independent candidate by placing in a separate parcel all the ballot-papers on which a first preference vote was given for the candidate;”. Paragraph 273 (5) (f): Omit all words after “parcels” and before “, by telegram”, substitute “referred to in paragraph (da) to the Australian Capital Territory Electoral Officer”. Subsections 273 (6), (7) and (8): “(6) The Australian Capital Territory Electoral Officer shall cause everything necessary to be done for the purpose of: (a) the exclusion of parties and independent candidates under section 19 of the Territory Electoral Act; (b) the provisional distribution of seats required by subsection 20 (1) of that Act; (c) the distribution of votes required by subsection 20 (4) of that Act, being a distribution in accordance with this section; (d) ascertaining, and, if necessary, parcelling, the ballot-papers to which section 21 of that Act applies; (e) the transfer of votes required by section 21 of that Act; (f) the distribution of seats required by subsection 22 (1) of that Act; and (g) the distribution of votes required by subsection 22 (4) of that Act, being a distribution in accordance with this section. “(7) Where, for the purposes of this section: (a) the number of votes received by any party or candidate is required to be ascertained; or (b) a quota or transfer value is required to be determined; the Australian Capital Territory Electoral Officer shall ascertain the number, determine the quota or determine the transfer value, as the case may be. “(8) For the purposes of the succeeding subsections a candidate of a party shall be taken to have received a first preference vote if he or she receives a higher preference than any other candidate of that party. “(8a) In the succeeding subsections: ‘elect’, in relation to a count for the purposes of subsection 20 (4) of the Territory Electoral Act, means provisionally elect. “(8b) A quota shall be determined for each party. “(8c) A quota for a party shall be determined by dividing: (a) in the case of a distribution for the purposes of subsection 20 (4) of the Territory Electoral Act—the base number of that party as increased under subsections 19 (4) and (5) of that Act; or (b) in the case of a distribution for the purposes of subsection 22 (4) of that Act—the base number of that party as increased under those subsections and adjusted under subsection 21 (5) of that Act; by a number equal to the sum of one and the number of seats won by that party and by increasing the result of that division (disregarding any remainder) by 1. “(8d) Any candidate of a particular party who has received a number of first preference votes (being, in the case of a distribution for the purposes of subsection 22 (4) of the Territory Electoral Act, that number as adjusted by the operation of section 21 of that Act) equal to or greater than the quota for his or her party shall be elected.”. Subsection 273 (9): (a) After “vacancies” insert “for seats won by a particular party”. (b) After “quota” insert “for the party”. (c) After “candidate” (first occurring) insert “of the party”. (d) After “candidates” insert “of the party”. Subsection 273 (13): (a) Omit “be elected”, substitute “fill the vacancies for seats won by the party”. (b) After “candidate” (second occurring) insert “of the party”. Subsection 273 (13c): After “votes” (first occurring) insert “for his or her party”. Subsection 273 (14): After “vacancies” insert “for seats won by the party”. Subsection 273 (17): (a) After “candidates” (first occurring) insert “of a particular party”. (b) Omit “Electoral Officer for the State”, substitute “Capital Territory Electoral Officer”. Subsection 273 (18): (a) After “candidates” (first occurring) insert “of the party”. (b) After “vacancies” insert “for seats won by the party”. Subsection 273 (19): After “Australian” insert “Capital Territory”. Subsection 273 (20): Omit “and the Representation Act 1983”. Paragraph 273 (20) (a): Paragraph 273 (20) (b): Subsection 273 (22): Subsection 273 (29): After the definition of “adjusted notional vote” insert the following definition: “ ‘base number’ has the same meaning as in subsection 19 (1) of the Territory Electoral Act.”. Subsection 273 (29) (definition of “leading shortfall”): (a) Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”. (b) After “candidate” insert “of the party”. Subsection 273 (29) (definition of “notional vote”): After “candidate” (third occurring) insert “of his or her party”. Subsection 273 (29) (definition of “shortfall”): Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”. Subsection 273 (29) (definition of “State”): Omit the definition. Subsection 273 (29) (definition of “vacancy shortfall”): (a) Omit “in a Senate election”, substitute “to determine which candidates of a party are to be elected”. (b) After “candidate” (first occurring) insert “of the party”. Paragraph 273 (31) (b): Section 274: Section 275: (a) Omit all words after “Where” and before “is satisfied”, substitute “the Australian Capital Territory Electoral Officer”. (b) Omit paragraph (a). (c) Omit “Australian Electoral Officer, in the case of a Senate election, or the Divisional Returning Officer, in the case of a House of Representatives election,”, substitute “Australian Capital Territory Electoral Officer”. Sections 276 and 277: Subsection 278 (1): (a) Omit “Senate”, substitute “general”. (b) After “Australian” (wherever occurring) insert “Capital Territory”. (c) After “candidate” insert “or the secretary of a registered party whose candidates have contested the election”. Subsection 278 (2): (a) After “Australian” insert “Capital Territory”. (b) After “candidate” insert “or secretary of a registered party whose candidates have contested the election”. Section 279: Section 281: After “Australian” (wherever occurring) insert “Capital Territory”. Section 282: Modifications of Part XIX—The return of the writs Part heading: Omit the heading, substitute the following heading: “PART XIX—RESULT OF ELECTIONS”. Section 283: Omit “elections for the Senate, the Australian”, substitute “a general election, the Australian Capital Territory”. Paragraph 283 (1) (b): Omit the paragraph, substitute the following paragraph: “(b) by instrument notify: (i) in the case of the first general election—the Commonwealth Minister; or (ii) in the case of other elections—the Presiding Officer; of the names of the candidates elected.”. Section 284: Section 285: Omit “writ,”. Section 286: (a) Omit “the person causing the writ to be issued”, substitute “the Electoral Commission”. (b) Omit “, or for holding the election in a specified Division, or for returning the writ,”. (c) Omit “and any date provided for in lieu of a date fixed by the writ shall be deemed to be the date so fixed”. (d) Omit “State, Territory or Division for which the election is to be held”, substitute “Territory”. Modifications of Part XX—Election funding and financial disclosure Subsection 287 (1) (definitions of “division”, “election”, “election period”, “group”, “registered” and “State branch”): Omit the definitions, substitute the following definitions: “ ‘division’, in relation to a political party, includes a branch of the party; ‘election’ means an election of a member of the Assembly at a general election; ‘election period’, in relation to an election, means the period commencing 36 days before polling day for the election and ending at the expiration of that day; ‘registered’, in relation to an election, means registered under section 13 of the Territory Electoral Act before the pre-election period for the election;”. Subsection 287 (1) (paragraph (b) of the definition of “gift”): (a) Omit “to a State branch of a political party”. (b) Omit “of a State branch”. (c) Omit “branch”. Subsection 287 (1) (definition of “secretary”): (b) Omit “or branch, as the case may be”. Subsection 287 (3): (a) Omit “a State branch of a political party”. (b) Omit “State branch of a”. (c) Omit “branch” (wherever occurring). Subsection 287 (4): Omit “or group”. Subsection 288 (2): Subsection 288 (3): (a) Omit “or (2)”. (b) Omit “or of a State branch of a political party”. (c) Omit “or branch” (wherever occurring). Subsection 289 (1): Omit “(including a member of a group)”. Subsection 289 (2): Subsection 289 (4): Subparagraph 290 (1) (b) (i): Subparagraph 290 (1) (b) (ii): Omit “, or each member of the group,”. Subsection 290 (2): Omit “, of a State branch of a political party, of a candidate or of a group”, substitute “or of a candidate”. Subsection 291 (1): (a) Omit “, a State branch of a political party, a candidate or the members of a group”, substitute “or a candidate”. (b) Omit “, branch, candidate or group”, substitute “or candidate”. Paragraph 291 (2) (a): Paragraph 291 (2) (b): Omit “, or each member of the group,”. Section 292: Resignation or death of agent “292\. If an agent of a political party or a candidate dies or resigns, the party or candidate, as the case may be, shall forthwith give notice in writing to the Electoral Commission of the death or resignation of the agent.”. Subsection 293 (2): (a) Omit “Senate”, substitute “general”. (b) Omit “a member of a group” (wherever occurring), substitute “nominated by a registered party”. (c) Omit “group”, substitute “party”. Subsection 293 (3): (a) Omit “(not being a member of a group)”. (b) Omit all words after “incurred by” (last occurring), substitute “that party”. Paragraph 293 (4) (a): Paragraph 293 (4) (b): Subsection 293 (5): Subsections 294 (1), (2) and (3): Omit the subsections, substitute the following subsection: “(1) Subject to this Division, there is payable in respect of each first preference vote that, for the purposes of subsection 19 (1) of the Territory Electoral Act, is taken to have been received by a registered party, and for each first preference vote that, for those purposes, is taken to have been received by an independent candidate, the amount of 50c”. Subsection 294 (4): Omit “first preference”. Subsection 295 (2): “(2) A claim for payment under this Division in respect of the eligible votes given for a registered party may be made only by the agent of that party.”. Subsections 295 (4), (5), (6) and (7): Subparagraph 295 (8) (b) (i): (b) Omit “or elections”. (c) Omit “branch”, substitute “party”. (d) Add “and”. Subparagraph 295 (8) (b) (ii): Subparagraph 295 (8) (b) (iii): Omit the subparagraph. Paragraph 295 (8) (c): Subsection 297 (1): (a) Omit “a candidate”, substitute “an independent candidate”. (b) Omit “in favour of all of the candidates”. Subsection 297 (2): (a) Omit “group” (wherever occurring), substitute “registered party”. (b) Omit “in favour of all of the candidates”. Paragraph 298 (a): (b) Omit “and relates to one election”. (c) Omit “branch”, substitute “party”. (d) Add “or”. Paragraph 298 (b): Paragraph 298 (c): Omit “or” (last occurring). Paragraph 298 (d): Subsection 299 (1): (a) Omit “or elections for a candidate or candidates endorsed by”, substitute “for”. (b) Omit all words after “agent of”, substitute “that party”. Subsections 299 (3), (4) and (5): Section 300: Omit “not endorsed in the election by a registered political party”, substitute “an independent candidate in the election”. Section 301: Subsection 303 (1): Omit the definitions, substitute the following definition: “ ‘election’ means a general election.”. Subsections 303 (2) and (3): Subsection 303 (4): Subsection 304 (1): (a) Omit “The”, substitute “Subject to subsection (1a), the”. (b) Omit “and the agent of each State branch of each political party”. (c) Omit “or branch, as the case may be,”. After subsection 304 (1): Insert the following subsection: “(1a) In relation to the first election, the agent of each political party shall, before the end of 20 weeks after the polling day in the first election, give to the Electoral Commission a return, in an approved form, setting out the total amount or value of all gifts, the number of gifts, and the relevant details of each gift, received by the party, during the period that commenced on the commencement of section 66 of the Self-Government Act and ended on the polling day in the first election.”. Subsection 304 (2): (b) Omit “or by-election”. Paragraph 304 (2) (a): (a) Omit “a general election or a by-election the polling day in which occurred not more than 4 years before the polling day in”, substitute “the general election immediately preceding”. (b) Omit “or in a Senate election the polling day in which occurred not more than 7 years before the polling day in the current election.”. (c) Omit “nominated”, substitute “was nominated by a registered party”. Paragraph 304 (2) (b): Omit “election or by-election in which he was most recently a candidate”, substitute “general election preceding the current election”. Subsection 304 (3): Subsection 304 (5): (a) Omit “(1), (2) and (3)”, substitute “(1) and (2)”. (b) Omit “, of a State branch of a political party”. (c) Omit “or group”. (d) Omit “(1), (2) or (3)”, substitute “(1) or (2)”. Paragraph 304 (5) (a): Omit “or a State branch of a political party”. Subparagraph 304 (5) (a) (i): (a) Omit “or branch” (wherever occurring). Paragraph 304 (5) (b): (b) Omit “or” (last occurring). Subparagraph 304 (5) (b) (i): Omit “or a by-election”. Paragraph 304 (5) (c): Subsection 304 (6): (a) Omit “or paragraph (5) (c)”. (b) Omit “(1), (2) or (3)”, substitute “(1) or (2)”. Paragraph 304 (6) (a): (b) Omit “or to that State branch, as the case may be”. (c) Add “or”. Paragraph 304 (6) (b): (b) Omit “or” (last occurring). Paragraph 304 (6) (c): Subsection 304 (7): Omit “or of a State branch of a political party”. Subsection 305 (1): (a) Omit “or a branch”. (b) Omit “, a candidate or a member of a group”, substitute “or a candidate”. Subsection 305 (1a): “(1a) For the purposes of this section, the disclosure period in relation to an election is the period that: (a) in the case of the first election—commenced on the commencement of section 66 of the Self-Government Act and ends on the polling day in the first election; or (b) in any other case—commenced on the day after the polling day in the immediately preceding election and ends on the polling day in the first-mentioned election.”. Subparagraph 305 (3) (a) (iii): (c) Omit “or by-election”. Subparagraph 305 (3) (a) (iv): Omit “or a group”. Subsection 306 (1): (a) Omit “or a State branch of a political party” (wherever occurring). Paragraph 306 (1) (b): (a) Omit “or branch”. Subsection 306 (2): (a) Omit “or a member of a group”. (b) Omit “or group”. (c) Omit “or the group, as the case may be,”. Paragraph 306 (2) (a): Paragraph 306 (2) (b): Subsection 306 (3): Omit “, a State branch of a political party, a candidate or a group”, substitute “or a candidate”. Subsection 306 (4): (c) Omit “or by-election”. Subsection 306 (5): Omit “Where”, substitute “Subject to subsection (5a), where”. Paragraph 306 (5) (a): (b) Omit “or branch, as the case may be” (wherever occurring). Paragraph 306 (5) (b): (a) Omit “or a member of the group”. (b) Omit “or of the group”. After subsection 306 (5): Add the following subsection: “(5a) For the purposes of the second and subsequent general elections, the references in subsection (5) to the Commonwealth shall be taken to be references to the Territory.”. Subsection 307 (2): Subsection 307 (3): (b) Omit “or branch” (wherever occurring). Subsection 308 (2): Paragraph 308 (3) (a): (a) Omit “, a State branch of a political party,” (first occurring), substitute “or”. (b) Omit “State branch of a”. Paragraph 308 (3) (b): (a) Omit “, a State branch of a political party,” (first occurring), substitute “or”. (b) Omit “State branch of a” (second occurring). Subsection 309 (1): Subsection 309 (2): Omit “(not being a member of a group)”. Subsection 309 (3): Subsection 309 (4): (a) Omit “, a State branch of a political party,”, substitute “or”. (b) Omit “or a member of a group”. Section 313: (a) Omit “or the members of a particular group”. (b) Omit “or group”. (c) Omit “or the members of the group”. Section 314: Section 315: Omit “or of a State branch of a political party” (wherever occurring). Subsection 319 (2): Omit “or by the agent of any State branch of the political party”. Subsection 319 (4): Subsection 320 (1): Omit “, in the capital city of each State and in Darwin”. Subsection 321 (1) (definition of “relevant period”): Omit “1 July 1984”, substitute “1 January 1989”. Modifications of Part XXI—Electoral offences Section 322: Omit “on the issue of the writ for the election”, substitute “36 days before the polling day for that election”. Paragraph 326 (1) (c): Omit “, a group of candidates”. Paragraph 326 (1) (e): Omit “to the Senate whose names are included in a group in accordance with section 168”, substitute “by a registered party”. Paragraph 326 (2) (c): Omit “, a group of candidates”. Paragraph 326 (2) (e): Omit “for election to the Senate whose names are included in a group in accordance with section 168”, substitute “nominated for election by a registered party”. Subsection 334 (2): Omit “the writ for that election has not been issued”, substitute “the pre-election period for that election has not commenced”. Subsection 337 (2): After “form” insert “and a form approved by the Electoral Commission”. Paragraph 340 (1) (c): After “candidate” insert “or registered party”. Subsection 344 (2): After “form” insert “and a form approved by the Electoral Commission”. Subsection 347 (2): “(2) This section applies to any lawful public political meeting held in relation to any general election after the commencement of the pre-election period and before the declaration of the result of the election.”. Subsection 347 (3): Section 348: Subsection 351 (1): Omit all words after “it is” and before “that person” (last occurring), substitute: “(a) in relation to an independent candidate—without the written authority of the candidate (proof whereof shall lie upon that person): (i) claimed or suggested that the candidate is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or (ii) expressly or impliedly advocated or suggested that the candidate is the candidate for whom the vote should be given; or (b) in relation to a candidate of a registered party—without the written authority of the secretary of the party (proof whereof shall lie upon that person): (i) claimed or suggested that the candidate is associated with, or supports the policy or activities of, that association, league, organisation or other body of persons; or (ii) expressly or impliedly advocated or suggested that the candidate is the candidate, or the registered party is the registered party, for whom the vote should be given;”. Subsection 351 (2): After “candidate” insert “or secretary of a registered party, as the case requires,”. Modifications of Part XXII—Court of Disputed Returns Subsection 352 (1): Insert the following definition: “ ‘Supreme Court’ means the Supreme Court of the Australian Capital Territory;”. Subsection 353 (2): (a) Omit all words after “the place of (first occurring) and before “shall be deemed”, substitute “a member by the Assembly under section 68 of the Self-Government Act”. (b) Omit “or appointment”. Subsections 353 (3) and (4): Section 354: The Court of Disputed Returns “354\. (1) The Supreme Court shall be the Court of Disputed Returns, and shall have jurisdiction to try the petition. “(2) The jurisdiction of the Supreme Court to sit as a court of disputed returns shall be exercised by a single Judge.”. Paragraph 355 (c): Omit all words after “thereat”. Paragraph 355 (e): (a) Omit “High”, substitute “Supreme”. (b) Omit “return of the writ”, substitute “declaration of the result of the election”. (c) Omit “or the appointment of a person to hold the place of a Senator under section 15 of the Constitution”, substitute “of a member by the Assembly under section 68 of the Self-Government Act”. (d) Omit “or appointment”. Section 356: Omit “High” (wherever occurring), substitute “Supreme”. Subsection 360 (4): Omit “the Commonwealth”, substitute: “(a) in relation to the first general election—the Commonwealth; or (b) in relation to a subsequent election—the Territory;”. Subsection 361 (2): Section 363: (a) Omit “High”, substitute “Supreme”. (b) Omit “to the Minister”, substitute: “to: (a) in the case of a practice relating to the first general election—the Commonwealth Minister; or (b) in any other case—a person authorised by the Assembly to receive documents under this Part.”. Section 365: Omit “return of the writ”, substitute “declaration of the result of the election”. Paragraph 366 (a): Paragraph 366 (b): (a) Omit “so printed” (wherever occurring), substitute “printed on a ballot-paper, or ballot-papers,”. (b) Add at the end “or”. Paragraph 366 (c): Paragraph 366 (d): Omit “or 214”. Section 369: Copies of petition and order of Court to be forwarded “369\. The Registrar of the Supreme Court shall forthwith after the filing of the petition forward to: (a) in the case of a petition relating to the first general election—the Commonwealth Minister; or (b) in any other case—a person authorised by the Assembly to receive documents under this Part; a copy of the petition, and after the trial of the petition shall forthwith forward to the person to whom the copy of the petition was sent a copy of the order of the Court.”. Section 373: Omit “High Court of Australia” (wherever occurring), substitute “Supreme Court”. Subparagraph 374 (i): Omit “Senator or Member of the House of Representatives”, substitute “member”. Subsection 375 (1): Omit “Justices of the High Court or a majority”, substitute “Judges of the Supreme Court or 2”. Section 376: (a) Omit “Senator or of a Member of the House of Representatives”, substitute “a member”. (b) Omit “either House of the Parliament”, substitute “the Assembly”. (c) Omit “House in which the question arises”, substitute “Assembly”. Section 377: (a) Omit “President if the question arises in the Senate, or the Speaker if the question arises in the House of Representatives,”, substitute “Presiding Officer”. (b) Omit “House in which the question arises”, substitute “Assembly”. Section 379: Omit “Senator or a Member of the House of Representatives” (wherever occurring), substitute “member of the Assembly”. Paragraph 379 (c): Omit “Senate or in the House of Representatives”, substitute “Assembly”. Section 380: Order to be sent to Assembly “380\. After the hearing and determination of any reference under this Part, the Registrar of the Supreme Court shall forthwith forward to a person authorised by the Assembly to receive documents under this Part a copy of the order or declaration of the Court of Disputed Returns.”. Modifications of Part XXIII—Miscellaneous Section 383: (a) Omit “or any other law of the Commonwealth” (wherever occurring), substitute “, any other law of the Commonwealth or any enactment”. (b) Omit “a prescribed court” (wherever occurring), substitute “the Supreme Court”. Subsection 383 (4): Omit “A prescribed court”, substitute “The Supreme Court”. Subsection 383 (8): Subsection 383 (11): Section 385: Omit “, Australian Electoral Officer, or Divisional Returning Officer”, substitute “or Australian Capital Territory Returning Officer”. Section 386: Omit “either House of the Parliament”, substitute “the Assembly”. Section 391: Subsection 392 (1): Omit “forms in the Schedule”, substitute “prescribed forms and the forms approved by the Electoral Commission”. Subsections 392 (2), (3), (4) and (5): Sections 394 and 395: —————