Page 3379 - Week 13 - Tuesday, 24 November 1992
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be a sensible move, if one had the power, at least to consider contracting with the Australian Electoral Commission for the conduct of ACT elections and for other matters which are provided for in this Bill. I accept, and I think we all accept, that that is not possible, given the state of the Federal legislation which provides for the operation of the AEC.
In the circumstances we have to fall back to what may be a less desirable but I think important second option. I understand, Madam Speaker, that it is possible for people who hold a commission under the Commonwealth Electoral Act to perform some functions under State enactments as well - not necessarily at the same time or in their role as officers under a Federal Act; but nonetheless the same people do have that capacity to perform that role. What I am talking about here is the idea of wearing two hats, having dual appointments, which I understand occurs already in the case of elections conducted for the lower house of Tasmania. In that case, I understand, officers who are employees or who hold office under the Commonwealth Electoral Act in respect of a particular division in Tasmania, at the time of the conduct of an election for the lower house of Tasmania, which of course is a Hare-Clark electorate, conduct that election wearing, as it were, a hat given to them under the State legislation.
It seems to me entirely sensible that we should contemplate that provision in the ACT if we cannot formally contract with the AEC for it to conduct our elections. This amendment will simply provide for the commissioner to hold another office if that is compatible with his or her performance under the present Act.
MS FOLLETT (Chief Minister and Treasurer) (9.28): Briefly, Madam Speaker, the Government is not opposing this amendment moved by Mr Humphries. I am not convinced that it is absolutely necessary, but I do agree that it could make for a more efficient and cost-effective Electoral Commission. On those grounds we are supporting it.
Amendment agreed to.
Clause, as amended, agreed to.
Clause 26
MR HUMPHRIES (9.28), by leave: Madam Speaker, I move:
Subclause 26(1), page 7, line 32, omit "terminate the appointment of the Electoral Commissioner", substitute "suspend the Electoral Commissioner from duty".
Page 7, line 33, after subclause (1) insert the following subclauses:
"(1A) On the first sitting day after the day on which the Electoral Commissioner is suspended, the Chief Minister shall present a statement of the reasons for the suspension to the Legislative Assembly.
"(1B) If, within 7 sitting days after a statement is presented in accordance with subsection (1A), the Legislative Assembly passes a resolution requiring the Executive to terminate the appointment of the Electoral Commissioner, the Executive shall terminate the appointment of the Electoral Commissioner.
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