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Electoral Act 1963 NOTES

NOTES

 

The Electoral Act 1963 appearing in this reprint comprise that Act as it appears in the 1977 reprint together with the amendments shown below:

 

Section 2:

The definitions of “Adult” and “Assistant” were added by section 2 of the Electoral Amendment Act 1990(No. 20).  The definitions of “Chief Electoral Officer” “Minister”  “Writ” and “Writ Day” were added by section 2 of the Electoral Amendment Act 1995 (No. 1).  The words “Chief Electoral Officer” where ever they appear in the principal Act were replaced by “Chief Electoral Officer” by section 3 of the 1995 Amendment Act (No. 1)

Section 3(2):

This present (2) was substituted by section 3 of the 1990 Amendment Act (No. 20).

Section 5(1):

The words “is the holder of a certificate of identity pursuant to section 135A of this Act”  were added by section 4(1) of the 1995 (No. 1)  Amendment Act; and the words:  “is the holder of a Matai title: were added by section 4 of the 1990(No. 20) Amendment Act.

Section 5(3) and  (4)

The words “or that person has not resided in Western Samoa for a period equalling or exceeding 12 months ending with the day on which the Nomination paper is lodged with the Chief Electoral Officer” were added by section 4(2) and (3) of the 1995 (No. 1) Amendment Act.

Section 5(5):

The words “within the immediately preceding 4 years after the offence” were added by section 4(5) of the 1995 (No. 1) Amendment Act.

Section 5(6):

Was added by section 4(4) of the 1995 (No. 1) Amendment Act

Section 10:

The words:  “or is reported by the Supreme Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or” were added by section 5(1) of the 1995(No. 1) Amendment Act.

Section 10(1):

Was added by section 5(2) of the 1995 (No. 1) Amendment Act.

Sectin 12:

A substitute section added by section 6 of the 1995(No. 1) Amendment Act.

Section 12:

A substitute section added by section 6 of the 1995(No. 1) Amendment Act.

Section 16:

Was repealed and replaced by section 5 of the 1990(No. 20) Amendment Act.

Section 16(2)(a):

The words “once between general elections” were added by sections 7(1) and (2) of the 1995 (No. 1) Amended Act.

Section 16(2)(b)(iii):

A new subparagraph added by section 2 of the 1991 (No. 1) Amendment Act.  Corresponding addition was made to section 16(3).

Section 16(3)

The words “once only between elections” were substituted by section 2 of the Amendment Act (No. 12) of 1995.

Section 16(6)(7) & (8):

Were all added by sections 2(d)(e) and (f) of the 1991 (No. 1) Amendment Act.

Section 16A:

Was added by section 6 of the 1990 (No. 20) Amendment Act.

Sections 16B and 16C: 

Were added by section 8 of the 1995 (No. 1) Amendment Act.

Section 17(1):

The words “compile and at all times maintain” were added by section 7(a) of the 1990(No. 20) Amendment Act.

Section 18A:

Added by section 9 of the 1995 (No. 1) Amendment Act.  The provision to section 18A(8) was added by section 2 of the 1996No. 1) Amendment Act.

Section 19(1):

The words “an adult citizen of Western Samoa” were added by section 9(1) of the 1990 (No. 20) Amendment Act.

Section 19(1)(e):

Added by section 9(2) of the 1990 (No. 20) Amendment Act.  Section 9(3) of the 1990 Amendment Act replaced the word “father” in 19(1) with the word “parent”

Section 19(2)(c):

Added by section 9(3) of the 1990 (No. 20) Amendment Act.

Section 21:

The words “in person to the Registrar of an assistant” were substituted by section 19(1) of the 1990 (No. 20) Amendment Act.

Section 22(2):

Added by section 11 of the 1990 (No. 20) Amendment Act.

Section 25A:

Added by section 10(2) of the 1990 (No. 20) Amendment Act.

Sections 25B, 25C, 25D & 25E:

These sections were added by sections 12, 13, 14 and 15 of the 1990(No. 20) Amendment Act.

Section 26(3) and 27(3):

The words “5 days” were substituted by section 3 and section 4 of the 1984 (No. 27) Amendment Act.

Section 28:

The words “temporary” and temporarily” were added by section 16(1) and (2) of the 1990 (No. 20) Amendment Act.

Section 28(a):

The words “21 clear days” were substituted by section 5 of the 1984(No. 27) Amendment Act.

Section 32(1)(b):

The present (b) substituted by section 10(1) of the 1995(No. 1) Amendment Act.

Section 32(1)(c):

Added by section 17 of the 1990 (No. 20) Amendment Act

Section 32(1)(d):

Added by section  10(2) of the 1995 (No. 1) Amendment Act

Section 32(2):

Amended by deleting every word after “roll at anytime” by  1995 (No. 1) Amendment Act

Section 32(3):

The word “temporary” added by section  17 of the 1990 (No. 20) Amendment Act

Section 32(5)(6) & (7):

Added by section  10(4) of the 1995 (No. 1) Amendment Act

Section 32A:

Added by section  11 of the 1995 (No. 1) Amendment Act

Section 34:

The word “temporarily” added by section  18 of the 1990 (No. 20) Amendment Act

Section 35:

Amended by section 23 of the 1990No. 20) Amendment Act

Section 36A and 36B:

Added by section  12 of the 1995 (No. 1) Amendment Act

Sections 39A, AA, AB, AC, AD:

Added by section  13 of the 1995 (No. 1) Amendment Act

Section 40:

Penalty increased to $500 by section 19 of the 1990 (No. 20) Amendment Act.

Section 41:

Penalty increased to $500 by section  14 of the 1995 (No. 1) Amendment Act

Section 44:

Substituted by section  15 of the 1995 (No. 1) Amendment Act

Section 45, 45A       and 45B:

Substituted and added by section  16 of the 1995 (No. 1) Amendment Act

Section 46, 46A & 46B:

Substituted and added by sections 17 and 18 of the 1995 (No. 1) Amendment Act

Section 47:

Substituted by section  19 of the 1995 (No. 1) Amendment Act

Section 49:

Substituted  by section  9 of the 1984 (No. 27) Amendment Act

Section 50(1)(a)(i):

Inserted by section  20 of the 1995 (No. 1) Amendment Act

Section 51(1)(d):

“Nomination fee” substituted by section  10 of the 1984 (No. 27) Amendment Act

Section 52:

The words “noon on nomination day” were substituted by section 21 of the 1995 (No. 1) Amendment Act

Section 56:

Whole section substituted by section 22 of the 1995 (No. 1) Amendment Act

Section 56A:

Added by section  23 of the 1995 (No. 1) Amendment Act

Section 57:

Words “Nomination Fee” substituted by section 12 of the 1984 (No. 27) Amendment Act

Section 58(10):

In the provision words “5 clear days” substituted by section 13 of the 1984 (No. 27) Amendment Act

Section 59(2):

Subsection added by section  24 of the 1990 (No. 20) Amendment Act

Section 65(1):

New subsection substituted by section  14 of the 1984 (No. 27) Amendment Act

Section 69(4) & 70:

Figure $100 substituted in each instance by sections 24 and 25 of the 1995 (No. 1) Amendment Act.

Section 70A, 70B,  70C, and 70D:

Added by section  25, 26, 27 and 28 of the 1990 (No. 20) Amendment Act

Section 88(e) & (f):

Words:  “on conviction” and “1 year” and figure “$500” added and substituted by section 26(1) and (2) of the 1995 Amendment Act.

Section 89, 90 & 91:

Words “on conviction” added by sections 27, 28 and 29 of the 1995(No. 1) Amendment Act.  Penalties increased to $500 and 6 months by some sections

Sections 98(c):

New subsection added by section 30 of the 1995(No. 1) Amendment Act

Section 99A:

New section added by section 15 of the 1984(No. 24) Amendment Act

Section 105(1):

Subsection substituted by section 31 of the 1995(no. 1) Amendment Act

Section 106:

Expression “7 days” substituted by section 30 of the 1990 (No. 20) Amendment Act

Section 111(1):

Expression “7 days” substituted by section 30 of the 1990(No. 20) Amendment Act

Section 111(7):

New subsection added by section 30 of the 1990(No. 2) Amendment Act

Section 113A:

New section added by section 2 of the 1991 (No. 5) Amendment Act.  The provision added by section 3 of the 1995 (No. 12) Amendment Act.

Sections 135A & 135A(5):

Amendment subsection (5) was subsequently repealed and replaced by section 3 of the 1991 (No. 1) Amendment Act.

Schedule-Forms

Form 1A added by section 32 of the 1990(No. 20) Amendment Act which was subsequently amended by section 32 of the 1995(No. 1) Amendment Act.

 

Form 2 amended by section 32 (2) of the 1990(No. 20) Amendment Act.

 

Form 5 and Form 7 new forms replacing previous ones by sections 32(2) and 32(3) of the 1995(No. 1) Amendment Act.

 

The Electoral Act is administered in the

Department of Legislative Assembly