Page 1143 - Week 04 - Thursday, 21 April 1994
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MS FOLLETT (Chief Minister and Treasurer) (12.27): I move Government amendment No. 54, Madam Speaker, noting that the Opposition has a similar amendment. Our amendment is as follows:
54. Page 76, line 31, proposed new section 189, add at the end the following subsection:
"(5) In this section -
'eligible person' means a person who -
(a) is eligible to be an MLA; or
(b) would, but for paragraph 97(2)(b), be eligible to be an MLA.".
The amendment is necessary to insert a definition of a person eligible to contest a casual vacancy. This definition was omitted from the Bill in error. The definition of "eligible person" prescribes the same qualifications for candidates contesting casual vacancies as are prescribed for candidates contesting general elections - that is, a candidate must be qualified to be an MLA under new section 97, with the exception that disqualification relating to the holding of a public office or public employment does not apply. A candidate declared elected to fill a casual vacancy must resign from public office or employment before the declaration of the election result. I note that under this amendment only candidates eligible to be enrolled on the ACT electoral roll are eligible to contest a casual vacancy.
MR HUMPHRIES (12.29): Madam Speaker, I have an amendment, amendment q., which has been circulated. My amendment is different from the Chief Minister's. I think she indicated just then that her amendment would exclude people who were no longer living in the Territory from being part of a count-back poll. My belief is that my amendment q. permits that to happen, at least in conjunction with later amendments, and therefore I would urge members to vote for my amendment q. in preference.
In speaking against the Chief Minister's amendment No. 54, there is a simple question to be resolved. It is not a difficult matter. The question is whether a person should be excluded from consideration in a count-back because that person has, for whatever reasons, ceased to be a resident or to be on the electoral roll of the ACT. Canberra is a particularly mobile community in one sense. Many people in various positions, particularly public servants, have the experience of moving backwards and forwards between various posts, and often between Canberra and other places. Such people may, from time to time, contest elections for the ACT Legislative Assembly and, under the provisions that we want to deal with, would be eligible to contest that election.
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