❓ Mr. Hyde questions the Minister for Local Government about concerns raised by the Electoral Commissioner regarding potential constitutional issues with Section 4.88 of the Local Government Act 1995, and the Minister responds with updates on legal advice and planned amendments.
AnsweredQoN 8045Legislative Assembly
QuestionView source ↗
In relation to the
2011 Local Government Postal Elections: Election Report
published by the Electoral Commissioner, I ask:
(a) has the Minister read the report;
(b) has the Minister sought advice on the Commissioner's concern regarding legal advice that section 4.88 of the
Local Government Act 1995
may infringe the constitutional limitation on communications about government and political matters;
(c) will the Minister table that advice and confirm it has been raised with your Department and, if not, why not; and
(d) when will the Minister introduce amendments to the
Local Government Act 1995
to address this problem and, if he will not do this, why not?
2011 Local Government Postal Elections: Election Report
published by the Electoral Commissioner, I ask:
(a) has the Minister read the report;
(b) has the Minister sought advice on the Commissioner's concern regarding legal advice that section 4.88 of the
Local Government Act 1995
may infringe the constitutional limitation on communications about government and political matters;
(c) will the Minister table that advice and confirm it has been raised with your Department and, if not, why not; and
(d) when will the Minister introduce amendments to the
Local Government Act 1995
to address this problem and, if he will not do this, why not?
AnswerView source ↗
Answered
7 August 2012
Responded by
Minister for Local Government
Response time
77 days
Answer
(a) I have read the relevant section of the Electoral Commission's Report titled
Future Directions
.
(b) The Department of Local Government has sought legal advice from the State Solicitor's Office on this matter.
(c) The Department is currently considering that advice and will make recommendations to me on whether amendments should be made to section 4.88 to protect section 4.88(1)(b) from Constitutional challenge.
(d) Any amendments that might be necessary will be included in a Local Government Amendment Act in 2013.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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(a) I have read the relevant section of the Electoral Commission's Report titled
Future Directions
.
(b) The Department of Local Government has sought legal advice from the State Solicitor's Office on this matter.
(c) The Department is currently considering that advice and will make recommendations to me on whether amendments should be made to section 4.88 to protect section 4.88(1)(b) from Constitutional challenge.
(d) Any amendments that might be necessary will be included in a Local Government Amendment Act in 2013.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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