Page 996 - Week 04 - Tuesday, 19 April 1994
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"(5) A reference in this Act to a group of candidates in relation to an election shall -
(a) where subsection (1) or (3) applies - be read as a reference to candidates whose names are grouped on the ballot papers in accordance with that subsection; and
(b) where subsection (2) applies - be read as a reference to the relevant candidate.".
Madam Speaker, this amendment does two things in respect of the arrangements for the construction of the ballot-paper. The first thing that it does is to provide the opportunity - an opportunity not provided in the Bill as presented - for a party, if it so wishes, to nominate only one candidate. As far as I can see, there is nothing in the referendum options description sheet which explicitly refers to this question. The representation of the ballot-paper on the first page of the Hare-Clark case does refer to a couple of parties, and each has a number of candidates under its name; but I am not sure that that infers that it was intended that there was meant to be that number of candidates, or a multiple number of candidates, standing for any party before a party was eligible to go on the left-hand side of the ballot-paper.
It seems to me, Madam Speaker, that there is no good reason in principle why a party, if it so chose, should not be able to nominate a single candidate. Parties have done that in the past in the ACT. We have respected that right in the past. As best I can recall, that has happened in every election we have held in the ACT. It was certainly so in the first election. The case for excluding parties from nominating a single candidate does not seem to me to be very well made out. In fact, it is not made out at all.
The second matter which is dealt with in this amendment to proposed new section 109 is to allow the grouping of non-party candidates on the ballot-paper. On this matter the referendum options description sheet is quite explicit, at least by illustration. The model ballot-paper on page 1 contains four columns. The first two are party columns, the third column is headed "Grouped non-party candidates", and the fourth is headed "Ungrouped candidates". Madam Speaker, for whatever reason, that provision was included in that referendum options description sheet. As the Opposition has indicated before, we feel compelled to use that document as the touchstone for the passage of amendments in this place.
Ms Follett: Except when you do not agree with it.
MR HUMPHRIES: No; I do not believe that anything we have said in this place diverges from that, Madam Speaker.
Ms Follett: What about single-candidate parties?
MR HUMPHRIES: There is nothing in there that says that you cannot have parties with single candidates. If you took this quite literally you would say that it says that - - -
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