Overview of Bill

The object of this Bill is to amend the Senators’ Elections Act 1903 (the Principal
Act) to omit the provision that is now inconsistent with Commonwealth legislation
relating to the close of the electoral rolls for the election of Senators for New South
Wales.

The Bill also contains amendments to the Principal Act by way of statute law
revision.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Senators’
Elections Act 1903 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced.

Schedule 1 Amendments
Schedule 1 [3] omits section 4 of the Principal Act which provides that the date fixed
for the close of the electoral rolls for a NSW Senate election is 7 days after the issue
of the writ. The amendment will ensure consistency with section 155 of the
Commonwealth Electoral Act 1918 (the Commonwealth Act), which provides that
the date fixed for the close of the electoral rolls is to be 3 working days after the issue
of the writ. However, the practical effect of the Commonwealth Act is to close the
roll on the issue of the writ because the Commonwealth Act generally prevents
names being added to or removed from the electoral rolls after the issue of the writ.

Schedule 1 [1] and [2] repeal, by way of statute law revision, provisions of the
Principal Act that repeal certain provisions of the Federal Elections Act 1900. That
Act was repealed in its entirety in 1912.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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