Page 969 - Week 04 - Tuesday, 19 April 1994
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MS FOLLETT (Chief Minister and Treasurer) (8.00): Madam Speaker, I move:
10. Page 25, lines 23 to 25, proposed new subsection 75(1), omit the subsection, substitute the following subsection:
"(1) This section applies in relation to the enrolment of a person who is enrolled under this Act but is not enrolled under the Commonwealth Act.".
The purpose of this amendment is to amend proposed new subsection 75(1) to ensure that the provision gives effect to the intent of the provision expressed in the original explanatory memorandum - that is, it is intended that objection to enrolment under the ACT Electoral Act should be able to be made only in respect of electors who are enrolled on the ACT roll but not the Commonwealth roll, to avoid persons objecting to the same elector's enrolment under two different jurisdictions. As it stands, this provision could be taken to allow objections to be made to an elector's enrolment where the elector made a joint Commonwealth-ACT claim. It is a tidying up matter.
Amendment agreed to.
MS FOLLETT (Chief Minister and Treasurer) (8.02): Madam Speaker, I seek leave to move Government amendments Nos 11 and 12 together.
Leave granted.
MS FOLLETT: I thank members. I move:
11. Page 25, line 33, proposed new subsection 75(4), omit ",by written notice given to the objector,".
12. Page 26, line 5, proposed new section 75, after subsection (4) insert the following subsection:
"(4A) After the Commissioner rejects an objection by virtue of subsection (4), he or she shall -
(a) where paragraph (4)(a) applies - give the objector written notice of the rejection; and
(b) where paragraph (4)(b) applies - give the objector a review statement about the decision to reject the objection.".
The purpose of these two amendments is to amend proposed new subsections 75(4) and 75(4A) as a consequence of inserting the right of review of a decision to reject an objection to enrolment under this new section on the basis that the commissioner considers the objection frivolous or vexatious, as recommended by the Standing Committee on Scrutiny of Bills and Subordinate Legislation.
Amendments agreed to.
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