AEC, Canberra
02 6271 4415
0413 452 539
This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
The Australian Electoral Commission (AEC) announced today that a preliminary distribution of preferences will occur in the electorate of Denison (Tasmania) this Saturday, 28 August.
State Manager and Australian Electoral Officer for Tasmania, Sandra Riordan said the decision to conduct a provisional scrutiny at this earlier stage in the count was to assist in providing some early certainty of the closely contested result of the 2010 federal election for the Electoral Division of Denison.
The provisional scrutiny on Saturday will be conducted on all available ballot papers that have been fully rechecked for the electorate of Denison, and will include all votes cast at polling places on election day, and all early votes that have been processed to date.
Following completion of the provisional scrutiny a further media release will be issued and available on the AEC website.
A provisional scrutiny involves a full distribution of preferences on the ballot papers, and scrutineers are able to be present during the count. The first distribution reallocates the votes of the candidate with the fewest first preferences to the next available candidate. Following that distribution, the votes of the candidate with the next fewest votes will be reallocated to the remaining available candidates. Finally the votes of the candidate that then has the fewest votes remaining will be reallocated. After that third distribution it is expected that the leading candidate, and consequently the likely result of the election, will become clear.
For more information on the counting of votes in the 2010 federal election, visit the virtual tally room.
13 August 2010
The Australian Electoral Commission (AEC) acknowledges the Federal Court Decision today that a claim for enrolment by Ms Sophie Trevitt meets the purposes of s102(1)(b) of the Commonwealth Electoral Act.
The AEC has therefore added Ms Trevitt to the electoral roll this afternoon and she will be entitled to vote in the federal election.
The AEC notes that the particular methodology used by Ms Trevitt in her online completion of an enrolment form was a digital pen on a trackpad for the purposes of providing a signature.
His Honour Perram J stated in his judgement (Getup Ltd v Electoral Commissioner 2010 FCA 869) today:
"22. Granted then that faxing and emailing a JPEG files satisfies, for the Commissioner's purposes, the requirements of s10(1)(b), it must follow, and I find, that the signature tool and the Ozenrol site likewise satisfy that provision."
After the federal election the AEC will need to discuss the Decision with the Electoral Council of Australia, a body that includes the Electoral Commissioner and his Joint Roll Partners (State Electoral Commissions) to ensure that the methodology is appropriate for all enrolment purposes across the three tiers of government.
The AEC also will discuss the judgement and associated roll issues with the Joint Standing Committee on Electoral Matters in the next Parliament.
The AEC notes that GetUP Ltd publicly launched their Ozenrol portal on the day before the announcement of the election and withdrew it on day of announcement. The AEC does not have figures on any other attempted enrolments during this period.
The AEC also notes that another prospective claimant in this case to the Federal Court, Mr Steven Hind, sought to update his details using Ozenrol site but did not pursue his claims.
Mr Hind's case, however, quite apart from the deliberations of the Court were accepted by the AEC. Mr Hind used the Ozenrol site in making his claim for enrolment and did not provide a signature but was able to take advantage of the recent passage through the Parliament of the Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 and the commencement of Schedule 2 to that Act on 19 July 2010. These new measures allow online update of a pre-existing federal enrolment.
HIGH COURT OF AUSTRALIA
6 August 2010
ROWE & ANOR v ELECTORAL COMMISSIONER & ANOR
On 26 July 2010, proceedings were commenced in the Melbourne Registry of the Court seeking a declaration that certain provisions of the Commonwealth Electoral Act 1918 (Cth) effecting cut-off dates for consideration of applications for enrolment and transfers of enrolment as an elector are invalid. One of those provisions, s 102(4), prevents the Electoral Commissioner from considering claims for enrolment lodged after 8 pm on the date of the issue of writs for an election for the House of Representatives or the Senate until after the close of polling. Another provision, s 102( 4AA), prevents consideration of claims for transfer of enrolment from one divisional roll to another from 8 pm on the date of the close of the rolls for an election until after the close of polling. A third provision, s 155, provides that the rolls close on the third working day after the date of the writs.
The challenged provisions had been introduced into the Commonwealth Electoral Act by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) ("the Amendment Act").
The application for the declaration and for writs of mandamus was referred to the Full Court by Justice Hayne on 29 July 2010 and argument on the application was heard by the Full Court on 4 and 5 August 2010. The application was amended at the hearing so that the declaration sought related to the validity of some other provisions of the Amendment Act.
Today the Court by majority declared that provisions of the Amendment Act which introduced the challenged provisions into the Commonwealth Electoral Act are invalid. The declaration also covered certain consequential amendments made by the Amendment Act including other provisions effecting cut-off dates relating to the enrolment of persons living outside Australia (s 94A(4)(a» and itinerant electors (s 96(4», and the eligibility of spouses, de facto partners or children of eligible overseas electors for enrolment (s 95(4».
The orders of the Court were:
1. Declare that Items 20, 24, 28, 41, 42, 43, 44, 45 and 52 of Sched 1 to the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth) are invalid.2. The second defendant to pay the plaintiffs' costs of the Further Amended Application for an Order to Show Cause.
The Court will publish its reasons for decision at a later date.
• This statement is not intended to be a substitute for the reasons of the High Court or to be used in any later consideration of the Court's reasons.
* Bitchslap: To slap someone (particularly but not necessarily female) who is being rude or nasty, perhaps screaming a lot (i.e., being a bitch). The idea is to get them to calm down and behave. It doesn't necessarily mean you really hit the person; there is such a thing as a verbal bitchslap OR The literal and/or metaphoric slapping or whacking someone in order to knock some sense into them.
___________________________
___________________________
Name of Party: Australia First Party (NSW) Incorporated___________________________
Name of Party: Building Australia Party___________________________
Name of Party: The Climate Sceptics___________________________
"The above applications have been made by the secretary and another 9 members of each party and states that the parties wish to receive election funding."
If you believe that any of these parties should not be registered because, under the Electoral Act:
• the party does not meet the eligibility criteria for registration; or
• the party's application has not been correctly made; or
• the party's name and/or abbreviation are prohibited,
you may lodge an objection. Objections must be received by the Funding and Disclosure Section of the Australian Electoral Commission by 15 June 2010, must be in writing and include your name, street address, signature and the grounds for your objection.
Objections can be sent to the:
Funding and Disclosure SectionFor more detailed information on objecting to an application for the registration of a political party, please consult the AEC website at the following link, or contact the AEC by fax or email as above, or by phone on (02) 6271 4667.
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Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourism business development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements. The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A fun fact musing: An estimated 24,000 whales migrated along the NSW coastline in 2016 according to the NSW National Parks and Wildlife Service and the migration period is getting longer.
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.