Data Protection Acts 1988 and 2003
Electoral Act 1992	1992, No. 23
Electoral Act 1997	1997, No. 25
Electoral Acts 1992 to 2005
Electoral (Amendment) Act 2002	2002, No. 4
European Parliament Elections Act 1997	1997, No. 2
European Parliament Elections Acts 1992 to 2004
Local Elections Acts 1974 to 2004
Presidential Elections Act 1993	1993, No. 28
Presidential Elections Acts 1992 to 2004
Prisons Acts 1826 to 1980
Referendum Act 1994	1994, No. 12
Referendum Acts 1992 to 2004
Seanad Electoral (Panel Members) Act 1947	1947, No. 42
Seanad Electoral (Panel Members) Acts 1947 to 2001
Seanad Electoral (University Members) Act 1937	1937, No. 30
Seanad Electoral (University Members) Acts 1937 to 2001

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Number 33 of 2006

ELECTORAL (AMENDMENT) ACT 2006

AN ACT TO PROVIDE FOR POSTAL VOTING AT ELECTIONS AND REFERENDUMS BY PERSONS WHO ARE IMPRISONED IN THE STATE AND WHO ARE ELIGIBLE TO VOTE AT ELECTIONS AND REFERENDUMS; TO AMEND THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[11th December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.— In this Act—

“ Act of 1992 ” means the Electoral Act 1992 ;

“ constitutional referendum ” means a referendum on a proposal for the amendment of the Constitution;

“ Minister ” means the Minister for the Environment, Heritage and Local Government;

“ ordinary referendum ” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

“ prison ” means—

(a) a place to which the Prisons Acts 1826 to 1980 apply, or

(b) Saint Patrick’s Institution;

“ referendum ” means a constitutional referendum or an ordinary referendum;

“ Regulations of 1995 ” means the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 );

“ relevant official ”, in relation to a prison, means the governor or other person in charge of the prison or any person employed in the prison who is authorised by the said governor or other person in charge to perform any function expressed by this Act, other than this section, to be performable by such an official.

Entry of names in postal voters list.

2.— (1) The registration authority shall enter in the postal voters list the name of every elector who—

(a) not later than the last date for making claims for corrections in the draft register applies to be so entered,

(b) satisfies the registration authority that the circumstances of the elector’s detention in prison, pursuant to an order of a court, are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district, and

(c) satisfies the registration authority that he or she was ordinarily resident in the State prior to his or her detention in prison.

(2) For the purposes of—

(a) determining in which of the postal voters lists (for the various constituencies in the State) his or her name shall be entered, and

(b) otherwise for the purposes of this section (other than subsection (1)(c)),

a person to whom this section applies shall be deemed to be ordinarily resident in the place where he or she would have been residing but for his or her detention in prison.

Application to be entered in postal voters list.

3.— (1) The following provisions shall apply in relation to an application to be entered in the postal voters list pursuant to section 2 :

(a) the application shall be in the form directed by the Minister;

(b) the application shall be signed by the applicant or, if the applicant is unable to write, he or she shall place his or her mark on the application form and, in either case, the form shall be completed in accordance with the instructions provided thereon;

(c) the application form, duly completed and accompanied by the certificate referred to in subsection (2), shall be handed to the relevant official who shall send it or cause it to be sent by post so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register.

(2) The certificate referred to in subsection (1)(c) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that the applicant is a person who is detained in prison pursuant to an order of a court and the circumstances of the elector’s detention are such as to render it likely that he or she will be unable to go in person on polling day to vote at the polling place for the polling district.

Applicant to provide information or documents.

4.— (1) A person making an application to be entered in the postal voters list pursuant to section 2 shall furnish to the registration authority any information or documents in the applicant’s possession or procurement which the authority may require for the purposes of—

(a) satisfying itself that the applicant is a person to whom section 2 applies, or

(b) determining the place where he or she would have been residing but for his or her detention in prison.

(2) If a registration authority makes a requirement pursuant to subsection (1), it may specify in the requirement or in a subsequent notice given by it in relation to the requirement the period of time within which the requirement shall be complied with and, if the applicant does not comply within the period so specified, the application referred to in subsection (1) shall be deemed to have been withdrawn.

(3) The period of time (if any) specified in the requirement or notice referred to in subsection (2) shall not be less than 7 days from the day on which the requirement is made or the notice is given, as the case may be.

Notices and application forms.

5.— (1) The registration authority shall, within the period of 14 days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of—

(a) the category of electors entitled to apply to be entered in the postal voters list pursuant to section 2 ,

(b) the manner in which, and the time before which, applications under that section must be submitted, and

(2) The registration authority shall arrange for the provision of application forms referred to in subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority) and such an application form shall be supplied free of charge to any person who requests such a form.

Consideration of applications.

6.— (1) Where the registration authority is satisfied that a person making an application under section 2 (the “applicant”)—

(a) is an elector to whom section 2 applies,

(b) has duly completed the application form referred to in section 3 , and

the registration authority shall—

(i) rule that the application is granted and mark the application form accordingly, and

(ii) notify the applicant of that ruling.

(2) Where the registration authority is not satisfied, as respects the applicant’s application with regard to the matters referred to in subsection (1)(a), (b) and (c), the registration authority shall—

(a) rule that the application is refused and mark the application form accordingly, and

(b) notify the applicant of that ruling and of the reason therefor.

(3) Subject to subsection (4), whenever an application is received by the registration authority after the date specified in section 2 (1)(a), the application shall be disregarded and the applicant shall be notified accordingly.

(4) An applicant may apply to be entered in the postal voters list in force at the date of coming into operation of this Act and, in this regard, the Minister may by order appoint—

(a) a date to be the latest date for receiving applications under section 2 in lieu of the date specified in paragraph (a) of subsection (1) of that section and section 3 (1)(c), and

(b) a period within which the notice referred to in section 5 (1) shall be given in lieu of the period specified therein,

and subsection (3) shall be construed accordingly.

(5) The Minister may include in an order under subsection (4) a provision providing that—

(a) applicants who are duly entered in the postal voters list referred to in that subsection (“the first-mentioned list”) following an application in that behalf made before the date appointed by that order shall be deemed also to be so entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force, or

(b) applicants who have applied for entry in the first-mentioned list before the date appointed by that order and whose applications are granted under this section shall, in lieu of being entered in the first-mentioned list, be duly entered in the postal voters list which comes into force immediately following the first-mentioned list ceasing to be in force.

(6) Rules 16 and 17 of Part II of the Second Schedule to the Act of 1992 shall apply to an appeal against a ruling of a registration authority in respect of an application under section 2 (including that section as it has effect by virtue of subsection (4)) as they apply to an application for entry in the supplement to the register and, accordingly, the reference in the said Rule 16 to an application for entry in the supplement to the register shall, for the purposes of the application of that Rule by this subsection, be construed as a reference to an application for entry in the postal voters list under section 2 (including that section as it has effect by virtue of subsection (4)).

Voting by electors under this Act.

7.— (1) The provisions of Part XIII of the Act of 1992 shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors at a Dáil election whose names are entered in the postal voters list pursuant to this Act, subject to the following modifications:

(a) an elector whose name is so entered in the postal voters list, in order to vote, shall in the presence of the relevant official of the prison in which he or she is detained do the following things in the following order:

(i) produce to the relevant official the envelope addressed to the elector pursuant to section 68 of that Act, the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iii) hand the declaration of identity to the relevant official who shall, on being satisfied as to the identity of the person who has signed the declaration, witness the signature and stamp the declaration of identity with the stamp of the prison and destroy the envelope addressed to the elector;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer;

(b) a reference to “receipt”, in relation to documents appropriate to such electors, shall be construed as a reference to “declaration of identity”;

(c) a reference to “receipt duly signed”, in relation to such documents, shall be construed as a reference to “declaration of identity duly signed and witnessed and stamped with the stamp of the prison”; and

(d) a reference to “sign”, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) The modifications of Part XIII of the Act of 1992 provided for in this section shall have effect in relation to the provisions of the said Part XIII as applied to presidential elections by section 40 of the Presidential Elections Act 1993 , and to referendums by section 28 of the Referendum Act 1994 .

(3) In this section—

“ ballot paper envelope ” has the meaning specified in section 68(3) of the Act of 1992;

“ covering envelope ” has the meaning specified in section 68(3) of the Act of 1992.

Amendment of Second Schedule to European Parliament Elections Act 1997.

8.— The European Parliament Elections Act 1997 is amended by inserting the following Rule after Rule 29A (inserted by section 69 of the Electoral Act 1997 ) of the Second Schedule:

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

29B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Rule 32(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the local returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’;

(c) a reference to ‘receipt duly signed’, in relation to such documents, shall be construed as a reference to ‘declaration of identity duly signed and witnessed and stamped with the stamp of the prison’; and

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Rule—

‘ ballot paper envelope ’ has the meaning specified in Rule 32(3);

‘ covering envelope ’ has the meaning specified in Rule 32(3);

‘ relevant official ’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Amendment of Regulations of 1995.

9.— The Regulations of 1995 are amended by inserting the following Article after Article 30A (inserted by section 70 of the Electoral Act 1997 ):

“Voting by electors referred to in section 2 of the Electoral (Amendment) Act 2006.

30B.— (1) The provisions of this Part shall apply to the issue of ballot papers to, and the return of such ballot papers by, electors whose names are entered in the postal voters list pursuant to the Electoral (Amendment) Act 2006, subject to the following modifications:

(i) produce to the relevant official the envelope addressed to the elector pursuant to Article 33(3), the ballot paper (in relation to which the relevant official shall establish that it is unmarked) and a form of declaration of identity in the form directed by the Minister;

(ii) complete and sign the declaration of identity;

(iv) mark, in secret, the ballot paper;

(v) place the marked ballot paper in the ballot paper envelope, and effectually seal such envelope;

(vi) place the ballot paper envelope and the completed declaration of identity in the covering envelope and effectually seal that envelope;

and shall hand the last-mentioned envelope to the relevant official who shall send it or cause it to be sent by post to the returning officer;

(b) a reference to ‘receipt’, in relation to documents appropriate to such electors, shall be construed as a reference to ‘declaration of identity’;

(d) a reference to ‘sign’, in relation to an elector who is unable to write, shall be construed as a reference to the making by the elector of his or her mark.

(2) In this Article—

‘ ballot paper envelope ’ has the meaning specified in Article 33(3);

‘ covering envelope ’ has the meaning specified in Article 33(3);

‘ relevant official ’ has the meaning specified in section 1 of the Electoral (Amendment) Act 2006.”.

Amendment of section 15A of Act of 1992.

10.— Section 15A of the Act of 1992 (inserted by section 76 of the Electoral Act 1997 ) is amended—

(a) in subsection (1), by substituting “, in section 63 of the Electoral Act 1997 or in section 2 of the Electoral (Amendment) Act 2006” for “or in section 63 of the Electoral Act, 1997 ”;

(b) by inserting the following paragraph after paragraph (b) of subsection (2):

“(bb) The provisions of sections 3 , 4 , 5 (other than subsection (1)) and 6 (other than subsections (3), (4), (5) and (6)) of the Electoral (Amendment) Act 2006 shall apply to an application for entry in the supplement to the postal voters list under this section from an elector referred to in section 2 (but who has not complied with subsection (1)(a) of that section) of that Act as if:

(i) references to ‘postal voters list’ were references to ‘supplement to the postal voters list’;

(ii) references to ‘ section 2 ’, other than those which occur in sections 4 (1)(a) and 6 (1)(a), were references to this section;

(iii) in section 3 (1)(c), ‘to the registration authority’ were substituted for ‘so as to be received by the registration authority not later than the last date for making claims for corrections in the draft register’; and

(iv) in section 5 (2), ‘ section 3 ’ were substituted for ‘subsection (1) at such times and places as are specified in a notice pursuant to that subsection (and the places so specified shall include every prison situated in the area of the registration authority)’.”.

Amendment of Rule 1 of Second Schedule to Act of 1992.

11.— (1) The Table to Rule 1(4) of the Second Schedule to the Act of 1992 is amended as respects, and only as respects, the preparation of the register of electors which comes into force immediately following the register in force at the date of coming into operation of this Act, by substituting—

(a) in paragraph 7, “9th December” for “25th November”,

(b) in paragraph 8, “12th December” for “30th November”, and

(2) In this section “preparation”, in relation to the register of electors, includes any relevant act in relation to the register mentioned in the Table to Rule 1(4) of the Second Schedule to the Act of 1992.

(3) This section shall be deemed to have come into operation on 25 November 2006.

Amendment of Rule 14A of Second Schedule to Act of 1992.

12.— Rule 14A of the Second Schedule to the Act of 1992 (inserted by section 1 of the Electoral (Amendment) Act 2002 ) is amended—

(a) in paragraph (1), by substituting “Subject to paragraphs (2) and (2A),” for “Subject to paragraph (2),”, and

(b) by inserting the following paragraphs after paragraph (2):

“(2A) The following provisions shall apply in relation to an application to be entered in the supplement to the register of electors by an elector who is detained in prison pursuant to an order of a court:

(a) the application shall be in the form directed by the Minister;

(c) the application form, duly completed and accompanied by the certificate referred to in paragraph (2B), shall be handed to the relevant official (within the meaning of section 1 of the Electoral (Amendment) Act 2006) who shall send it or cause it to be sent by post to the registration authority.

(2B) The certificate referred to in subparagraph (c) of paragraph (2A) is a certificate, in the form directed by the Minister, under the hand of the relevant official of the prison concerned stating that he or she is satisfied as to the identity of the applicant.”.

Amendment of section 22 of Seanad Electoral (University Members) Act 1937.

13.— Section 22 of the Seanad Electoral (University Members) Act 1937 is amended by inserting the following subsection after subsection (3):

“(4) In this section—

the word ‘prison’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘relevant official’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;

the expression ‘returning by post’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”.

Amendment of Seanad Electoral (Panel Members) Act 1947.

14.— The Seanad Electoral (Panel Members) Act 1947 is amended—

(a) in section 2—

(i) by inserting the following definition after that of “prescribed”:

“the word ‘ prison ’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

and

(ii) by inserting the following definition after that of “the register of nominating bodies”:

“the expression ‘ relevant official ’ has the meaning assigned to it in section 1 of the Electoral (Amendment) Act 2006;”,

(b) in section 51, by inserting the following subsection after subsection (3):

“(4) In this section the expression ‘ returning by regis tered post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

“(2) In this section the expression ‘ returning by regis tered or ordinary post ’ includes, in the case of an elector who is detained in prison pursuant to an order of a court, the return by the relevant official, or by a person acting under the relevant official’s direction, of the documents referred to in subsection (1) on behalf of the elector concerned.”,

and

(d) in the First Schedule—

(i) in paragraph (1) of Rule 8—

(I) in subparagraph (b), by substituting “elector,” for “elector.”, and

(II) by inserting the following subparagraph after subparagraph (b):

“(c) where the authorised person referred to in subparagraph (b) is the relevant official, he, on being handed the covering envelope, shall affix thereto in the prescribed manner a label in the prescribed form and, if he is satisfied that it is proper to sign the certificate appearing on the label, shall sign that certificate and send the covering envelope or cause it to be sent by registered post to the Seanad returning officer.”,

(ii) in paragraph (2) of Rule 8—

(I) in subparagraph (f), by substituting “nominate,” for “nominate.”, and

(II) by inserting the following subparagraph after subparagraph (f):

“(g) in case the elector is an elector who is detained in prison pursuant to an order of a court, the relevant official of the prison where he or she is detained.”.

Alternative voting arrangements under this Act.

15.— (1) Where an elector’s name is entered in the postal voters list pursuant to this Act the elector may give notice in writing to the registration authority—

(a) on or before the second day after the dissolution of the Dáil at a general election, or

(b) on or before the second day after the date of the making of the order appointing polling day at a Dáil bye-election, or a Presidential, European or local election, or a referendum,

requesting that his or her name be deleted from the postal voters list and the registration authority shall comply with that request.

(2) Notwithstanding the provisions of subsection (1), where a request by an elector to have his or her name deleted from the postal voters list is received after the relevant date referred to in paragraph (a) or (b) of that subsection in relation to an election or a referendum but before the relevant date referred to in either paragraph (a) or (b) in relation to another election or referendum, the poll at which is to be held on the same day, the relevant date for the second or subsequent election or referendum shall apply to a request received under either of the said paragraphs in connection with the elections or referendums.

(3) Where—

(a) an elector’s name is entered in the postal voters list pursuant to this Act and the elector is discharged from the prison in which he or she has been detained before polling day at an election or a referendum in circumstances where the elector has not given notice in accordance with subsection (1), and

(b) the envelope in respect of the elector containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, is returned before that polling day by the relevant official of the prison as a ballot paper and documents that have not been delivered to a person whose name has been entered in the postal voters list pursuant to this Act,

then the returning officer may re-address the envelope and send it by post to the elector concerned at his or her address.

(4) The relevant official of a prison may re-address an envelope containing a ballot paper and the other documents referred to in section 68 of the Act of 1992, Rule 32 of the Second Schedule to the European Parliament Elections Act 1997 or Article 33 of the Regulations of 1995, as the case may be, and send it by post to another prison where the elector concerned is detained or, as the case may be, to the returning officer if the elector is no longer detained in any prison.

(5) In a case to which subsection (3) applies, the elector concerned shall be deemed to be a postal voter for the purposes of Part VII of the Electoral Act 1997 , and section 68 of that Act, Rule 29A of the Second Schedule to the European Parliament Elections Act 1997 or Article 30A of the Regulations of 1995, as the case may be, shall accordingly apply to voting by the elector.

Amendment of section 6 of European Parliament Elections Act 1997.

16.— Section 6 of the European Parliament Elections Act 1997 is amended by inserting the following subsection after subsection (1):

“(1A) It shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in subsection (1).”.

Amendment of Articles 83, 84, 89 and 90 of Regulations of 1995.

17.— The Regulations of 1995 are amended—

(a) in Article 83, by substituting the following subarticle for subarticle (8):

“(8) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates.”,

(b) in Article 84, by substituting the following subarticle for subarticle (2):

“(2) Where the total of the votes of the two or more lowest candidates together with any surplus not transferred is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates.”,

(d) in Article 90(3)—

(i) by substituting “transfer of votes and” for “transfer of votes,”, and

(ii) by substituting “place.” for “place, and the order in which the candidates were elected.”.

Amendment of Presidential Elections Act 1993.

18.— The Presidential Elections Act 1993 is amended—

(a) in section 20, by substituting “3 p.m.” for “12 noon”, and

(b) in section 51(2), by substituting for “operation.” the following:

“operation, provided that—

(a) the number of votes credited to the second lowest candidate is greater than one quarter of the quota, or

(b) where the number of votes credited to any one of such two or more lowest candidates does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with subsection (1) could not result in a number of votes exceeding one quarter of the quota being credited to any such candidate.”.

List relating to draft register and register in force.

19.— Notwithstanding anything in the Data Protection Acts 1988 and 2003, a registration authority may, for the purposes of assisting in the preparation of a complete and accurate register of electors, prepare and publish, at any time after it publishes a draft register of electors in accordance with Rule 5 of the Second Schedule to the Act of 1992, a list, in such form and manner as the authority considers appropriate, of the names of all persons who are registered as electors in the register (in force at the time of publication of that draft register) but whose names are not included in that draft register.

Short title, collective citation and construction.

20.— (1) This Act may be cited as the Electoral (Amendment) Act 2006.

(2) The Electoral Acts 1992 to 2005 and this Act may be cited together as the Electoral Acts 1992 to 2006 and shall be read together as one.

(3) The European Parliament Elections Acts 1992 to 2004 and this Act (in so far as it relates to European Parliament elections) may be cited together as the European Parliament Elections Acts 1992 to 2006 and shall be read together as one.

(4) The Presidential Elections Acts 1992 to 2004 and this Act (in so far as it relates to presidential elections) may be cited together as the Presidential Elections Acts 1992 to 2006 and shall be read together as one.

(5) The Local Elections Acts 1974 to 2004 and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts 1974 to 2006 and shall be read together as one.

(6) The Referendum Acts 1992 to 2004 and this Act (in so far as it relates to referendums) may be cited together as the Referendum Acts 1992 to 2006 and shall be read together as one.

(7) The Seanad Electoral (University Members) Acts 1937 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (University Members) Acts 1937 to 2006 and shall be read together as one.

(8) The Seanad Electoral (Panel Members) Acts 1947 to 2001 and this Act (in so far as it relates to Seanad elections) may be cited together as the Seanad Electoral (Panel Members) Acts 1947 to 2006 and shall be read together as one.

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