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| 1 | Australian Electoral Law: A Stocktake GRAEME ORR, BRYAN MERCURIO and GEORGE WILLIAMS IT IS A CENTURY since the first national elections in Australia were held under uniform federal law. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | Electoral law, as a scholarly discipline in Australia, is only beginning to emerge from a Cinderella state.2 In this article, we describe the key issues and themes in Australian electoral law, largely in respect to the uniform national (that is, federal) electoral law, but also, where relevant, to the law that applies to state and territory elections. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | The Commission shall— (1) prescribe forms necessary to implement this Act; (2) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; (3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 4 | Powers of the Central Election Commission Central Election Commission shall: head the system of election commissions formed for conducting the elections of the President of the Republic of Uzbekistan, of the Oliy Majlis of the Republic of Uzbekistan, carries out the control over the execution of the present Code throughout the Republic of Uzbekistan, ensure its uniform application; announce the start of the election campaign on the election of the President of the Republic of Uzbekistan, deputies of the Legislative Chamber and local Kengashes; provide methodological support for the activities of election commissions, within its powers, adopts resolutions, approves instructions and regulations, provides clarifications on the organization of elections; provide general guidance and coordination of activities on the implementation of Information management system of the electoral process and the use of a Single electronic list of voters of the Republic of Uzbekistan (hereinafter — the Single electronic list of voters); form election constituencies for the election of the President of the Republic of Uzbekistan and deputies of the Legislative Chamber; resolve the matters of assigning polling stations formed under the diplomatic and other representations of the Republic of Uzbekistan in foreign countries to the relevant election constituencies; form the district election commissions for elections of the President of the Republic of Uzbekistan and deputies of the Legislative Chamber and publish information about their location; establish the procedure for introducing amendments to the composition of election commissions; cancel the decisions of the territorial election commissions either independently or upon the presentation of the General Prosecutor of the Republic of Uzbekistan, in the case if these decisions contravene with the present Code; issue mandates to the observers from foreign states, international organizations at elections; develop and approve the expenditure budget for the preparation and conduct of elections, distribute funds to election commissions, including the financing of political parties’ participation in elections, supervise the provision of election commissions with premises, transport and communication facilities, consider other matters related to material and technical support of elections; determine a sample mandate for observers of political parties, citizens’ self-governing bodies, representatives of mass media, observers from other states, international organizations; make decision on admission of political parties to participate in the elections on the basis of the submitted documents; accept relevant documents from the political parties nominating candidates for the President of the Republic of Uzbekistan and deputies of the Legislative Chamber; register candidates for the President of the Republic of Uzbekistan and candidates for deputies of the Legislative Chamber, organize publication of the lists of registered candidates and information on them in the press and issuance of certificates for them; register the proxies of candidates for President of the Republic of Uzbekistan and issue them certificates; provide equal conditions of participation at the elections for candidates to the President of the Republic of Uzbekistan and candidates to deputy of the Legislative Chamber; establish samples and forms of ballot papers on the election of the President of the Republic of Uzbekistan, deputies of the Legislative Chamber and members of the Senate, voter lists, signature lists, protocols of election commissions and other documents, ballot boxes and seals of election commissions, determines their storage order. General provisions Article 1. | Uzbekistan Electoral Law |
| 5 | Powers of the regional, sub-regional and city election commission Regional, sub-regional, city election commission shall: exercise control over the execution of the present Code in the relevant territory, ensure its uniform application and provide explanations on the organization and conduct of election; form election constituencies for elections to the respective local Kengashes, assign them names and sequence numbers and publish information on the location of the election commission of that constituency; form the district election commissions for the elections to the relevant local Council and publish information on the composition of the commission; direct the activity of the respective election commissions, determine the procedure for making amendments to the composition of them, have an authority to cancel decisions of the district and precinct election commissions either independently or upon the proposal by the regional, sub-regional or city prosecutor, if these decisions contradict the present Code; accept relevant documents from political parties nominating candidates for the deputies; register candidates for deputies and issue them certificates; provide equal conditions for candidates to participate in election campaign; distribute funds among relevant election commissions, control over the provision of election commissions with premises, transport and communication facilities, and consider other matters of material and technical support of the elections; approve and prepare forms of ballot papers on the elections of the respective local Kengash, lists of voters, protocols of election commissions, its seals, other election-related documents; hear reports of political parties, other public associations, local authorities, citizens’ self-governing bodies and heads of enterprises, institutions and organizations on the preparation and conduct of elections; tabulate election results to the relevant local Kengash, register elected deputies, publish information on election outcomes and list of elected deputies in the press; issue a certificate and a breastplate of a relevant deputy of the local Kengash; resolve the matters related to the conduct of repeat election; shall consider the appeals of voters and other participants in the electoral process and makes decisions on them, except for complaints on the actions and decisions of election commissions; submit materials on the violation of the requirements of the present Code to the court or relevant law enforcement agencies; ensure the submission of documents related to the organization and conduct of elections to archives and departmental archives. General provisions Article 1. | Uzbekistan Electoral Law |
| 6 | Section 93 [Transitional Customs Provisions] During the first five years after the imposition of uniform duties of customs, and thereafter until the Parliament otherwise provides (i) The duties of customs chargeable on goods imported into a State and afterwards passing into another State for consumption, and the duties of excise paid on goods produced or manufactured in a State and afterwards passing into another State for consumption, shall be taken to have been collected not in the former but in the latter State: (ii) Subject to the last subsection, the Commonwealth shall credit revenue, debit expenditure, and pay balances to the several States as prescribed for the period preceding the imposition of uniform duties of customs. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 7 | (2) But any duty so imposed on any goods shall not exceed during the first of such years the duty chargeable on the goods under the law of Western Australia in force at the imposition of uniform duties and shall not exceed during the second, third, fourth, and fifth of such years respectively, four fifths, three fifths, two fifths, and one fifth of such latter duty, and all duties imposed under this section shall cease at the expiration of the fifth year after the imposition of uniform duties. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 8 | Section 9 [Electoral Method] (1) The Parliament of the Commonwealth may make laws prescribing the method of choosing senators, but so that the method shall be uniform for all the States. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 9 | Part V Powers of the Parliament Section 51 [Legislative Competencies] The Parliament shall, subject to this Constitution, have power to make laws for the peace, order and good government of the Commonwealth with respect to: (i) Trade and commerce with other countries, and among the States; (ii) Taxation; but so as not to discriminate between States or parts of States; (iii) Bounties on the production or export of goods, but so that such bounties shall be uniform throughout the Commonwealth; (iv) Borrowing money on the public credit of the Commonwealth; (v) Postal, telegraphic, telephonic, and other like services; (vi) The naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth; (vii) Lighthouses, lightships, beacons and buoys; (viii) Astronomical and meteorological observations; (ix) Quarantine; (x) Fisheries in Australian waters beyond territorial limits; (xi) Census and statistics; (xii) Currency, coinage, and legal tender; (xiii) Banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money; (xiv) Insurance, other than State insurance; also State insurance extending beyond the limits of the State concerned; (xv) Weights and measures; (xvi) Bills of exchange and promissory notes; (xvii) Bankruptcy and insolvency; (xviii) Copyrights, patents of inventions and designs, and trade marks; (xiv) Naturalization and aliens; (xx) Foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth; (xxi) Marriage; (xxii) Divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants; (xviii) Invalid and old age pensions; (xxiiiA) The provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances; (xxiv) The service and execution throughout the Commonwealth of the civil and criminal process and the judgments of the courts of the States; (xxv) The recognition throughout the Commonwealth of the laws, the public Acts and records, and the judicial proceedings of the States; (xxvi) The people of any race for whom it is deemed necessary to make special laws; (xxvii) Immigration and emigration; (xxviii) The influx of criminals; (xxix) External affairs; (xxx) The relations of the Commonwealth with the islands of the Pacific; (xxxi) The acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws; (xxxii) The control of railways with respect to transport for the naval and military purposes of the Commonwealth; (xxxiii) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State; (xxxiv) Railway construction and extension in any State with the consent of that State; (xxxv) Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State; (xxxvi) Matters in respect of which this Constitution makes provision until the Parliament otherwise provides; (xxxvii) Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law; (xxxviii) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any power which can at the establishment of this Constitution be exercised only by the Parliament of the United Kingdom or by the Federal Council of Australasia; (xxxix) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal judicature, or in any department or officer of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 10 | Section 89 [Exclusive Revenue of States] Until the imposition of uniform duties of customs (i) The Commonwealth shall credit to each State the revenues collected therein by the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 11 | Section 90 [Exclusive Power to Impose Duties of Customs] (1) On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 12 | (2) On the imposition of uniform duties of customs all laws of the several States imposing duties of customs or of excise, or offering bounties on the production or export of goods, shall cease to have effect, but any grant of or agreement for any such bounty lawfully made by or under the authority of the Government of any State shall be taken to be good if made before the thirtieth day of June, one thousand eight hundred and ninety eight, and not otherwise. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 13 | Section 92 [No Internal Borders] (1) On the imposition of uniform duties of customs, trade, commerce, and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely free. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 14 | (2) But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 15 | Section 94 [Payment of Surplus Revenue] After five years from the imposition of uniform duties of customs, the Parliament may provide, on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 16 | Section 95 [Western Australia Customs] (1) Notwithstanding anything in this Constitution, the Parliament of the State of Western Australia, if that State be an Original State, may, during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State and not originally imported from beyond the limits of the Commonwealth; and such duties shall be collected by the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 17 | Section 112 [Inspection Charges on Customs] After uniform duties of customs have been imposed, a State may levy on imports or exports, or on goods passing into or out of the State, such charges as may be necessary for executing the inspection laws of the State; but the net produce of all charges so levied shall be for the use of the Commonwealth; and any such inspection laws may be annulled by the Parliament of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 18 | But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 19 | and with the Indian Tribes; (4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; (5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; (6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; (7) To Establish Post Offices and Post Roads; (8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (9) To constitute Tribunals inferior to the supreme Court; (10) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; (11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; (12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; (13) To provide and maintain a Navy; (14) To make Rules for the Government and Regulation of the land and naval Forces; (15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; (16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; (17) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; - And (18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 20 | Section 8 [Legislative Power] (1) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; (2) To borrow money on the credit of the United States; (3) To regulate Commerce with foreign Nations, and among the several States. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
| 21 | The Prosecutor General of the Republic of Uzbekistan and the prosecutors subordinate to him shall supervise the exact and uniform observance of laws on the territory of the Republic of Uzbekistan. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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