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Electoral Provisions (Parliament) (Amendment No 2) Act 1997

TUVALU

ELECTORAL PROVISIONS (PARLIAMENT) (AMENDMENT NO 2) ACT 1997
(Act 10 of 1997)

I assent

Sir Tulaga Manuella GCMG MBE
GOVERNOR-GENERAL

Dated the 30^th December, 1997

AN ACT to amend the Electoral Provisions (Parliament) Act, Cap 102.

ENACTED by the Parliament of Tuvalu:

Short title and commencement

1. (1) This Act may be cited as the Electoral Provisions (Parliament) (Amendment No 2) Act 1997.

(2) This Act shall come into force on a date to be appointed by the Minister by notice.

Interpretation

2. In this Act the term "Principal Act" means the Electoral Provisions (Parliament) Act, Cap 102.

Amendment of section 7

3. Section 7(1)(e) of the Principal Act is amended by repealing it and substituting the following:

"(e) the places and times at which nomination papers shall be delivered to a Returning Officer of any electoral district;"

Amendment of section 9

4. Section 9 of the Principal Act is amended by:

(a) repealing subsection (2) and substituting the following-

"(2) Nomination papers may be delivered to a Returning Officer of any electoral district. If a nomination paper is delivered to a Returning Officer other than the Returning Officer for the electoral district to which it relates, that returning Officer shall be notified of such a nomination as soon as possible by the Returning Officer to whom it was delivered, and in any event within 48 hours of the expiration of the time allowed for delivery of nomination papers."; and

(b) repealing subsection (3) and substituting the following-

"(3) Every person submitting himself for election shall be a registered elector for the electoral district for which he is a candidate and shall be nominated in writing by 5 persons registered in the same electoral district.".

Amendment of section 15

5. Section 15 of the Principal Act is amended by:

(a) repealing subsection (2) and substituting the following:

"(2) Registered electors may vote in contested elections in any electoral district for the electoral districts they are registered."; and

(b) repealing subsections (3), (4), (5) and (6).

Amendment of penalties

6. The penalties in the following sections shall be amended as follows:

(a) in section 42 repeal "$100" and substitute "$300";

(b) in section 43 (1) repeal "$100" and substitute "$500";

(c) in section 44 (4) repeal "$200" and "6" and substitute "$1000" and "12" respectively;

(d) in section 45 repeal "$200" and "C' and substitute "$1000" and "12" respectively;

(e) in section 49 repeal "$100" and substitute "$300";

(f) in section 52 repeal "$100" and substitute "$300",

(g) in section 53 repeal "$100" and "3 months" and substitute "$1000" and "12 months" respectively; and

(h) in section 54(2) repeal "$25" and substitute "$100".

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ELECTORAL PROVISIONS (PARLIAMENT) (AMENDMENT NO 2) ACT 1997
(Act No 10 of 97)

EXPLANATORY MEMORANDUM
(This memorandum is not part of this Act)

The purpose of this Act is to amend the Electoral Provisions (Parliament) Act. The amendments include:-

(i) ensuring that nomination papers can be delivered to a Returning Officer of an electoral district (see section 3);

(ii) increasing the number of nominators for candidates from 3 to 5 and ensuring that the candidate is also a registered elector for the electoral district he is a candidate (see section 4 (b));

(iii) ensuring registered electors can cast their votes during elections at any electoral district regardless of which electoral district they may be at on election day ( see section 5); and

(iv) adjusting the penalties imposed in sections 42, 43(1), 44(4), 45, 49, 52, 53 and 54(2) (see section G).

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