{"id":"constitutional-convention-election-act-2011","name":"Constitutional Convention (Election) Act 2011","slug":"constitutional-convention-election-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29948,"registerId":"nt-constitutional-convention-election-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Constitutional Convention (Election)\nAct 2011.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Object of Act","content":"2 Object of Act\nThe object of this Act is to make necessary and other related\nprovisions for the election of delegates to the Constitutional\nConvention.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\napproved form, see section 187.\nauthorised officer means an officer authorised by the Commission\nfor the provision in which that expression occurs.\nauthorised witness means:\n(a) in Australia or an external Territory – an officer or person\nenrolled on a Roll under the Commonwealth Act; or\n(b) in another place – a person who is at least 18 years old.\nballot paper includes a declaration ballot paper.\n\nConstitutional Convention (Election) Act 2011 2\ncampaign material, see section 144.\ncandidate means a candidate at the election.\ncandidate square, see section 26(2)(c).\ncertified list of voters means a list of electors prepared and\ncertified under section 28.\nclose of polling, see section 13.\nclose of roll, see section 10.\nCommission means the Northern Territory Electoral Commission\nestablished by section 307 of the Electoral Act 2004.\nCommissioner means the Electoral Commissioner mentioned in\nsection 314 of the Electoral Act 2004.\nCommission's office means the Commission's office in Darwin or\nAlice Springs.\nCommonwealth Act means the Commonwealth Electoral\nAct 1918 (Cth).\nConstitutional Convention means the statehood Constitutional\nConvention for the Territory.\nCourt of Disputed Returns means the Court of Disputed Returns:\n(a) established by section 232 of the Electoral Act 2004; and\n(b) constituted in accordance with section 233 of that Act.\ndeclaration ballot paper:\n(a) for Part 3, Division 3, Subdivision 1 – see section 38(1); or\n(b) for Part 3, Division 3, Subdivision 2 – see section 40(1) or (2);\nor\n(c) for Part 3, Division 4 – see section 46(1)(b); or\n(d) for Part 3, Division 5 – see section 55(2) or 57(2); or\n(e) for any other provision – means a declaration ballot paper\nmentioned in paragraph (a), (b), (c) or (d) (as appropriate).\ndeclaration envelope means an envelope in which a declaration\nballot paper is placed under section 39(2)(c), 41(2)(c), 51(4)(b),\n56(2)(b) or 58(2)(c).\n\nConstitutional Convention (Election) Act 2011 3\ndeclaration vote means a vote cast under Part 3, Division 3, 4\nor 5.\ndeclaration voting papers means the following:\n(a) a declaration ballot paper issued under section 38(1), 40(1)\nor (2), 46(1)(b), 55(2) or 57(2);\n(b) a declaration envelope;\n(c) for a declaration ballot paper issued under 40(1) or (2),\nor 57(2) – a declaration under section 40(1)(c) or (2)(c)\nor 57(1)(e) (as appropriate).\ndelegate means:\n(a) an ordinary delegate; or\n(b) a reserve delegate.\ndistribute means print, publish, produce or disseminate.\ndivision means a division as defined in section 3 of the Electoral\nearly voting centre means an early voting centre appointed under\nsection 29(1)(a).\nelection means the election of the delegates to the Constitutional\nConvention.\nelection period means the period:\n(a) starting at the start of the nomination period; and\n(b) ending on the polling day.\nelector, see section 14(2).\nelectoral advertisement means an advertisement containing\nelectoral matter (including an advertisement on an electronic\nbillboard, digital road sign or any other similar device), whether or\nnot consideration was given for its publication.\nelectoral article, see section 149(6).\nelectoral matter, see section 143.\nelectoral paper means a document provided for or required under\n\nConstitutional Convention (Election) Act 2011 4\nenrolled, for a person, means the person's name is on the roll.\nenrolled division, for an elector, means the division for which the\nelector is enrolled as mentioned in section 15(5)(a).\nentitled to be enrolled, see section 18(6).\nextract means an extract from the roll prepared under section 16.\nformal, for a ballot paper, means the ballot paper is not informal or\nhas not been spoilt or discarded.\ninformal, for a ballot paper, means the ballot paper is informal\nunder section 75.\ninfringement notice, see section 178.\ninfringement notice offence, see section 177(1).\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nmobile polling period, see section 12.\nmobile polling place means a polling place declared under\nsection 61 for a division, and includes a substituted place under\nsection 62.\nnewspaper means a newspaper published or distributed in the\nTerritory.\nnomination day, see section 11(1).\nnomination period, see section 11(2).\nofficer means an officer appointed under section 185.\nofficer in charge, for a polling place or scrutiny centre, means an\nofficer appointed to be the officer in charge of the polling place or\nscrutiny centre under section 185(2).\nordinary delegate, see section 6(2).\nordinary vote means a vote other than a declaration vote.\npolling day, see section 9(1).\n\nConstitutional Convention (Election) Act 2011 5\npolling hours means:\n(a) for a polling place other than an early voting centre or mobile\npolling place – from 8 am until 6 pm on the polling day; or\n(b) for an early voting centre – the hours decided under\nsection 53(1)(b) for voting at early voting centres; or\n(c) for a mobile polling place – the hours specified under\nsection 61(2)(b) for the place, and includes the hours as\nchanged under section 62(1).\npolling place means:\n(a) a polling place appointed under section 29(1)(b), and includes:\n(i) the area adjacent to a polling place designated by a\nnotice erected by the officer in charge of the polling\nplace during the period the notice is displayed; and\n(ii) the area designated by a notice erected by an\nauthorised officer at a mobile polling place during the\nperiod the notice is displayed; or\n(b) an early voting centre.\npostal ballot box means a ballot box for a division as mentioned in\nsection 93(2).\npostal ballot paper means a declaration ballot paper issued under\nsection 46(1)(b).\npostal vote means a declaration vote for which postal voting\npapers are issued under section 46.\npostal vote certificate means the certificate issued under\nsection 46(1)(a).\npostal voting papers means a postal vote certificate and postal\nballot paper.\nprescribed amount, see section 177(2).\npublic notice means public notice as mentioned in section 192.\npublish includes publish or broadcast by radio, television, Internet,\ntelephone or other means.\nregion means a region declared under section 53(1)(a).\nregistered postal voter, see section 42(4).\n\nConstitutional Convention (Election) Act 2011 6\nreserve delegate, see section 6(3).\nroll means the roll compiled under section 15.\nscrutineer means a person appointed under section 31 to\nrepresent a candidate.\nscrutiny centre means a place appointed under section 29(1)(c)\nfor scrutiny at the election.\nsuppressed, for a person's address, means the person's address\nis not included in the extract:\n(a) as provided in section 16(3); or\n(b) because of a regulation made under section 195(2).\nvacancy means a vacancy in the position of delegate for a division.\nvoter's question, see section 35.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Application of Act","content":"Division 3 Application of Act\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of Criminal Code","content":"4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Commission to conduct election","content":"5 Commission to conduct election\nThe Commission must conduct the election in accordance with this\nAct.\n\nConstitutional Convention (Election) Act 2011 7\n","sortOrder":5},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Delegates to Constitutional Convention","content":"Subdivision 1 Delegates to Constitutional Convention\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Delegates","content":"6 Delegates\n(1) Three delegates are to be elected for each division, comprising:\n(a) two ordinary delegates; and\n(b) one reserve delegate.\n(2) An ordinary delegate is a delegate who is elected as an ordinary\ndelegate.\n(3) A reserve delegate is a delegate who is elected as a reserve\ndelegate.\nNote for section 6\nFor the way in which ordinary delegates and reserve delegates are elected, see\nclause 14(5) of the Schedule. See also sections 24(1) and 109(5) and (6).\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Ordinary delegates","content":"7 Ordinary delegates\nAn ordinary delegate may vote on a motion in the Constitutional\nConvention except as otherwise provided by the rules adopted by\nthe Convention.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Reserve delegates","content":"8 Reserve delegates\n(1) A reserve delegate may participate in the Constitutional Convention\nas provided by the rules adopted by the Convention.\n(2) A reserve delegate may take the place of an ordinary delegate\nelected from the reserve delegate's division in the Convention as\nprovided by the rules adopted by the Convention.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Polling day","content":"9 Polling day\n(1) The polling day is the day declared by the Minister by Gazette\nnotice to be the polling day.\n(2) To avoid doubt, the declaration must be made before the start of\nthe nomination period.\n\nConstitutional Convention (Election) Act 2011 8\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Close of roll","content":"10 Close of roll\nThe close of roll is 5 pm on the day that is 32 days before the\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Nomination day and nomination period","content":"11 Nomination day and nomination period\n(1) The nomination day is the day that is 23 days before the polling\nday.\n(2) The nomination period is the period:\n(a) starting on the day that is 57 days before the polling day; and\n(b) ending at 12 noon on the nomination day.\nNote for section 11\nThe nomination of a candidate may be made only during the nomination period\n(see section 19).\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Mobile polling period","content":"12 Mobile polling period\nThe mobile polling period, for the election, is the period:\n(a) starting on a day declared by the Commission by public\nnotice; and\n(b) ending at 6 pm on the polling day.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Close of polling","content":"13 Close of polling\nClose of polling is the time:\n(a) for a polling place other than a mobile polling place – when the\npoll at the polling place closes as mentioned in\nsection 67(1)(b); or\n(b) for another purpose – when the poll closes for that purpose as\ndecided by the Commission.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Who can vote","content":"14 Who can vote\n(1) An elector is entitled to vote at the election for the elector's enrolled\n(2) An elector is a person whose name is on the roll.\n\nConstitutional Convention (Election) Act 2011 9\n(3) The inclusion of the name of a person on a certified list of voters is\nconclusive evidence of the person's right to vote at the election for\nthe person's enrolled division.\nNote for subsection (3)\nFor the certified lists of voters, see section 28.\n(4) An elector is not disqualified from voting for any of the following\nreasons:\n(a) the omission of all or part of the elector's name from a certified\nlist of voters;\n(b) an error in a name of the elector on a certified list of voters;\n(c) a former name of the elector is entered on a certified list of\nvoters.\n15 Roll\n(1) As soon as practicable after the close of roll and before the\nnomination day, the Commissioner must compile a roll for the\n(2) The roll must include the names and addresses of all persons\nwhose names:\n(a) appear on the roll under the Electoral Act 2004 at the close of\nroll; and\n(b) if a general election were to be held under that Act on the\npolling day, would be required to be included in the certified\nlist of voters for a division under section 44(2) of that Act for\nthat election.\n(3) The roll must also include the name and address of each person\nwhose name:\n(a) appears on the Roll for a Subdivision under the\nCommonwealth Act at the close of roll because of a claim for\nenrolment under section 100 of that Act; and\n\nConstitutional Convention (Election) Act 2011 10\n(b) apart from being less than 18 years of age, if a general\nelection were to be held under the Electoral Act 2004 on the\npolling day, would be required to be included in the certified\nlist of voters for a division under section 44(2) of that Act for\nthat election.\nNote for subsection (3)(a)\nA person who is 16 years of age may make a claim for enrolment under\nsection 100 of the Commonwealth Act.\n(4) Despite any other provision, the roll must include the name and\naddress of a person who is not covered by subsection (2) or (3) in\nthe following circumstances:\n(a) the person makes an application before the close of roll in the\napproved form to the Commission for the person's enrolment;\n(b) when the application is made, if the person were at the age he\nor she would be on the polling day, the person would be\nentitled to make a claim for enrolment under section 100 of the\nCommonwealth Act;\n(c) the Commission:\n(i) is satisfied the requirements in paragraphs (a) and (b)\nare met; and\n(ii) approves the application.\n(5) The roll must, for each elector:\n(a) specify the division in which the elector's residential address is\nlocated as the division for which the elector is enrolled; and\n(b) contain the same information about the elector that is required\nof a roll prepared under the Electoral Act 2004 for an elector\nunder that Act.\nNote for subsection (5)(b)\nSee section 11 of the Electoral Act 2004 for the information required of a roll\nprepared under that Act.\n(6) In this section:\naddress, of an elector, includes:\n(a) the residential address of the elector; and\n(b) if the elector's postal address is different from the elector's\nresidential address – the postal address.\n\nConstitutional Convention (Election) Act 2011 11\nname, of an elector, includes the surname and each given name of\nthe elector.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Extract of roll","content":"16 Extract of roll\n(1) The Commission must:\n(a) prepare an extract from the roll after it has been compiled; and\n(b) make the extract available for public inspection free of charge.\n(2) Subject to subsection (3) and any regulation made under\nsection 195(2), the extract must include the following information for\neach elector:\n(a) the surname and each given name of the elector;\n(b) the elector's residential address.\nNote for subsection (2)\nA regulation made under section 195(2) may provide for the exclusion from the\nextract of specified information about an elector who is less than 18 years of age\non the polling day.\n(3) If, under section 104 of the Commonwealth Act, an elector's\naddress is not included on a Roll for a Subdivision under that Act,\nthe elector's address must not be included in the extract.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Who can be elected","content":"17 Who can be elected\nA person can be elected as a delegate for a division only if the\n(a) is an Australian citizen; and\n(b) is an elector enrolled for the division; and\n(c) has been declared to be a candidate for the division under\nsection 23; and\n(d) is not a member of the Legislative Assembly or Australian\nParliament; and\n(e) on the polling day, has been resident within the\nCommonwealth for at least 6 months and within the Territory\nfor at least 3 months; and\n\nConstitutional Convention (Election) Act 2011 12\n(f) is not, on the polling day:\n(i) a person who has published a statement about his or her\nintention to consent to nomination as a candidate at the\nnext general election for the Legislative Assembly; or\n(ii) a person who has been announced as an endorsed\ncandidate of a registered political party (as defined in the\nElectoral Act 2004) at the next general election for the\nLegislative Assembly in a statement published by the\nparty with the person's consent.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Making nomination","content":"18 Making nomination\n(1) A person can be nominated as a candidate for a division only in the\nfollowing circumstances:\n(a) if the nomination is made before the close of roll:\n(i) one of the following applies:\n(A) the person is enrolled under the Electoral Act 2004;\n(B) the person's name appears on the Roll for a\nSubdivision under the Commonwealth Act because\nof a claim for enrolment made by the person under\nsection 100 of that Act;\n(C) the person has made an application under\nsection 15(4)(a) in the circumstances mentioned in\nsection 15(4)(b); and\n(ii) the person's current residential address is located in the\ndivision;\n(b) otherwise – the person is enrolled for the division under this\nAct.\n(2) The nomination must:\n(a) be made in the approved form by at least 6 persons (the\nnominators) who are, or are entitled to be, enrolled for the\n(b) state the name, residential address and occupation of the\nperson nominated (the nominee); and\n(c) contain a statement that the nominee consents to be\nnominated for the division and to act as a delegate if elected;\nand\n\nConstitutional Convention (Election) Act 2011 13\n(d) contain a declaration signed by the nominee that he or she\ncan be nominated as a candidate in the circumstances\nmentioned in subsection (1) and specifying those\ncircumstances; and\n(e) be accompanied by a photograph of the nominee complying\nwith the requirements specified in the approved form; and\n(f) be signed by the nominee and each nominator.\n(3) For subsection (2)(b), the name specified in the nomination must\nbe:\n(a) if the nomination is made before the close of roll – the\nsurname and given name, or one or more of the given names:\n(i) under which the nominee is enrolled under the Electoral\nAct 2004; or\n(ii) that appear on the Roll for a Subdivision under the\nCommonwealth Act because of a claim for enrolment\nmade by the nominee under section 100 of that Act; or\n(iii) that are specified in an application made by the nominee\nunder section 15(4)(a); or\n(b) otherwise – the surname and given name, or one or more of\nthe given names, under which the nominee is enrolled under\n(4) However, a given name may be specified by an initial standing for\nthe name or a commonly accepted variation of the name, including\nan abbreviation, truncation or alternative form.\n(5) If the address of a nominee is suppressed, the nomination:\n(a) is not required to state the nominee's address; but\n(b) must state another address for the purpose of correspondence\nwith the Commission and other purposes of this Act.\n(6) For this Act, a person is entitled to be enrolled if the person is\ncovered by subsection (1)(a)(i).\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"When must nomination form be lodged","content":"19 When must nomination form be lodged\nThe nomination form for a candidate must be lodged with the\nCommission during the nomination period.\n\nConstitutional Convention (Election) Act 2011 14\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Nomination in one division only","content":"20 Nomination in one division only\n(1) This section applies if a person has:\n(a) consented to be nominated as a candidate for a division; and\n(b) signed a nomination form for the nomination.\n(2) The person must not consent to be nominated or sign a nomination\nform for his or her nomination as a candidate for another division\nunless his or her consent to the previous nomination is withdrawn\nunder section 21.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Withdrawal of consent to nomination","content":"21 Withdrawal of consent to nomination\nA nominee may withdraw his or her consent to the nomination by\ngiving written notice in the approved form to the Commission at any\ntime that is not later than 12 noon on the nomination day.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Rejection of nomination","content":"22 Rejection of nomination\n(1) The Commissioner may reject a nomination if:\n(a) the nominee is not someone who can be nominated under\nsection 18(1); or\n(b) the nomination is not substantially in accordance with\nsection 18(2) to (5); or\n(c) the name of the nominee is obscene, frivolous or has been\nassumed for a political purpose; or\n(d) at the close of roll, the nominee:\n(i) is a member of the Legislative Assembly or Australian\nParliament; or\n(ii) has published a statement about his or her intention to\nconsent to nomination as a candidate at the next general\nelection for the Legislative Assembly; or\n(iii) has been announced as an endorsed candidate of a\nregistered political party (as defined in the Electoral\nAct 2004) at the next general election for the Legislative\nAssembly in a statement published by the party with the\nnominee's consent.\n(2) The Commissioner must give a nominee whose nomination is\nrejected written notice of:\n(a) the rejection and the reasons for it; and\n\nConstitutional Convention (Election) Act 2011 15\n(b) the nominee's right to dispute the validity of the election under\nPart 5.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Declaration of candidates","content":"23 Declaration of candidates\n(1) As soon as practicable after 12 noon on the nomination day, the\nCommission must:\n(a) publicly produce all nomination forms for the persons properly\nnominated for each division (other than someone who has\nwithdrawn consent to his or her nomination); and\n(b) declare those nominated persons to be candidates for the\n(2) The declaration for a division must be made at one or more of the\nfollowing:\n(a) the Commission's offices;\n(b) places specified by the Commission by public notice.\n(3) The Commission must not disclose the names of persons\nnominated as candidates before making the declaration.\n(4) As soon as practicable after making the declaration, the\nCommission must display a notice at the Commission's offices\nstating the name and address, as specified in the nomination form,\nof each candidate for each division.\n(5) The Commission may also display the notices at other places in the\nTerritory the Commission considers appropriate.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"No need for poll in some circumstances","content":"24 No need for poll in some circumstances\n(1) If only one or 2 candidates are declared under section 23 for a\ndivision, the Commission must, on making that declaration:\n(a) declare each of them returned as ordinary delegates for the\n(b) state their names in the declaration.\n(2) The declaration has effect as if:\n(a) it were a declaration under section 111(2); and\n(b) the candidates were returned as elected for the division.\n\nConstitutional Convention (Election) Act 2011 16\n(3) To avoid doubt:\n(a) a poll must be held for a division if 3 or more candidates are\ndeclared under section 23 for the division; and\n(b) a poll is not required for a division if no candidate is declared\nunder section 23 for the division.\n","sortOrder":24},{"sectionNumber":"Div 4","sectionType":"division","heading":"Ballot papers","content":"Division 4 Ballot papers\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Determination of order of candidates' names","content":"25 Determination of order of candidates' names\n(1) As soon as practicable after the candidates have been declared for\na division, the Commission must determine the order of their names\non the ballot papers to be used for the division.\n(2) The determination must be made by lot in public at the\nCommission's office or another place in the Territory the\nCommission considers appropriate.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Requirements for ballot papers","content":"26 Requirements for ballot papers\n(1) A ballot paper to be used for the election must be in the approved\nform.\n(2) Without limiting subsection (1), a ballot paper for a division:\n(a) must include the names of the candidates for the division in\nthe order determined under section 25; and\n(b) may include a photograph of each candidate adjacent to the\ncandidate's name on the ballot paper; and\n(c) a square (a candidate square) printed adjacent to:\n(i) each candidate's name; or\n(ii) each candidate's photograph if paragraph (b) applies.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Commissioner must give public notice about election","content":"27 Commissioner must give public notice about election\nAs soon as practicable after declaring the polling day under\nsection 9, and before the start of the nomination period, the\nCommissioner must give public notice about:\n(a) the holding of the election; and\n\nConstitutional Convention (Election) Act 2011 17\n(b) the nomination period, close of roll and dates of the\nnomination day and polling day; and\n(c) information about nominating a candidate; and\n(d) other information about the election as the Commissioner\nconsiders appropriate.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Certified lists of voters","content":"28 Certified lists of voters\n(1) For the conduct of the election, the Commission must prepare and\ncertify:\n(a) a list of electors for each division; and\n(b) a list of electors for all divisions.\n(2) If a periodic general election under the Local Government Act 2019\nis to be held on the polling day:\n(a) the Commission may, on a list under subsection (1), specify:\n(i) some or all of the persons on the list as an elector both\nfor this Act and the Local Government Act 2019; and\n(ii) the area or ward (as provided in the Local Government\nAct 2019) for which a person is enrolled under that Act;\nand\n(b) a certified list of voters mentioned in paragraph (a) may be\nused for the election under this Act as a certified list of voters;\nand\n(c) this Act does not prevent the use of the list for the periodic\ngeneral election.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Early voting centres, polling places and scrutiny centres","content":"29 Early voting centres, polling places and scrutiny centres\n(1) The Commission may, in writing:\n(a) appoint a specified place to be an early voting centre; and\n(b) appoint a specified place to be a polling place for a division;\nand\n(c) appoint a specified place to be a scrutiny centre for scrutiny at\nthe election.\n(2) The Commission must give public notice stating particulars of each\nearly voting centre and polling place.\n\nConstitutional Convention (Election) Act 2011 18\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Limit on appointment of licensed premises as polling place","content":"30 Limit on appointment of licensed premises as polling place\nA part of premises licensed under the Liquor Act 2019 (the relevant\narea) may be appointed as a polling place only if the Commission is\nsatisfied that, during polling hours on the polling day:\n(a) liquor will not be available for sale or consumption in the\nrelevant area; and\n(b) the relevant area will be segregated from a part of the\npremises where liquor will be available for sale or\nconsumption; and\n(c) access to the relevant area will not involve passing through a\npart of the premises where liquor will be available for sale or\nconsumption.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Scrutineers – appointment","content":"31 Scrutineers – appointment\n(1) A candidate may appoint a scrutineer to represent the candidate\nduring the polling or scrutiny (or both) for the election.\n(2) The appointment must be made by notice given by the candidate in\nthe approved form to the officer in charge of the polling place or\nscrutiny centre.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Scrutineers – presence at polling place and scrutiny centre","content":"32 Scrutineers – presence at polling place and scrutiny centre\n(1) A scrutineer representing a candidate during the polling for the\nelection is entitled to be present at a polling place, and to enter or\nleave the place, when voters are allowed to vote at the place.\n(2) However, for each candidate and polling place, only one scrutineer\nrepresenting that candidate may enter or remain at the place at any\ntime while voters are allowed to vote at the place.\n(3) A scrutineer representing a candidate during the scrutiny for the\nelection is entitled to be present at a scrutiny centre, and to enter or\nleave the centre, during the conduct of the scrutiny at the centre.\n(4) However, for each candidate and scrutiny centre, only one\nscrutineer representing that candidate may enter or remain at the\ncentre at any time while the scrutiny is conducted at the centre.\n(5) Despite subsection (4), if there is more than one counting table at a\nscrutiny centre for the candidate's division, the candidate is entitled\nto be represented by one scrutineer at each table for the division at\nthe centre.\n\nConstitutional Convention (Election) Act 2011 19\n(6) A scrutineer who contravenes this section in relation to a polling\nplace or scrutiny centre ceases to be entitled to be at the place or\ncentre.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Procedure for voting","content":"33 Procedure for voting\n(1) A person may cast a vote at the election in accordance with\nDivisions 2 to 6.\n(2) Except as otherwise provided in this Act, a person may cast a vote\non the polling day at any polling place, whether or not the polling\nplace is in the person's enrolled division.\n(3) Only an ordinary vote or a declaration vote (other than a postal vote\nor a vote cast before the polling day) may be cast at a mobile\npolling place.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Method of voting","content":"34 Method of voting\n(1) A person's vote on a ballot paper must be marked in accordance\nwith subsection (2).\n(2) The person must:\n(a) place the number \"1\" in the candidate square for the candidate\nof the person's first preference; and\n(b) place consecutively increasing whole numbers in the\ncandidate squares for the other candidates in the order of the\nperson's preferences until a number is placed in all candidate\nsquares.\nNote for section 34\nSee section 75(2) to (4).\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Voter's question","content":"35 Voter's question\nThe voter's question to be put to a person who claims to vote at\nthe election is as follows:\nIs this the first time you have voted at this election?\n\nConstitutional Convention (Election) Act 2011 20\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Issue of ballot paper","content":"36 Issue of ballot paper\npolling place during polling hours and claims to vote at the election,\nthe officer must issue a ballot paper to the person for the division if:\n(b) the officer is satisfied the certified list of voters for the division:\n(i) states the person's name; and\n(ii) states an address for the person or indicates the\nperson's address is suppressed; and\n(iii) has not been marked to indicate a ballot paper has\nalready been issued to the person; and\n(2) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Voting in private","content":"37 Voting in private\n(1) On receipt of the ballot paper, the person must, without undue\ndelay:\n(a) go to an unoccupied voting compartment at the polling place;\nand\n(b) there, in private, mark his or her vote on the ballot paper; and\n(c) fold the ballot paper to conceal the vote; and\n(d) show the ballot paper to an officer and, without unfolding it,\nplace it in a ballot box at the polling place; and\n(e) leave the polling place.\n(2) This section has effect subject to section 68.\n\nSubdivision 1 Declaration voting by persons absent from division\nConstitutional Convention (Election) Act 2011 21\nSubdivision 1 Declaration voting by persons absent from\n38 Issue of declaration ballot paper\npolling place during polling hours and claims to vote at the election\nfor another division, the officer must issue a ballot paper (a\ndeclaration ballot paper) to the person for the person's enrolled\ndivision if:\n(b) the officer is satisfied the officer's certified list of voters for all\ndivisions has not been marked to indicate a declaration ballot\npaper has already been issued to the person; and\n(2) However, if the officer's certified list of voters has been marked to\nindicate a declaration ballot paper has already been issued to the\nperson but the person claims not to have voted already at the\nelection, Subdivision 2 applies to the issue of a declaration ballot\npaper to the person.\n(3) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Casting declaration vote","content":"39 Casting declaration vote\ncasting a declaration vote under this Subdivision.\nofficer to the person:\n\nConstitutional Convention (Election) Act 2011 22\nand\nunfolding the ballot paper, place it in an envelope bearing the\nname of the person's enrolled division and the name of the\npolling place, seal the envelope and place it in a ballot box at\nthe polling place; and\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Issue of declaration ballot paper","content":"40 Issue of declaration ballot paper\npolling place during polling hours and claims to vote at the election\nfor the division, the officer must issue a ballot paper (a declaration\nballot paper) to the person for the division if:\n(b) the officer is satisfied the officer's certified list of voters:\n(i) does not state the person's name and address; or\n(ii) has been marked to indicate a ballot paper has already\nbeen issued to the person but the person declares the\nperson has not already voted at the election; and\n(c) the person completes and signs a declaration in the approved\n(d) the officer signs the declaration as witness.\n(2) In addition, if a person mentioned in section 38(2) attends before an\nauthorised officer for a division at a polling place during polling\nhours and claims to vote at the election, the officer must issue a\nballot paper (also a declaration ballot paper) to the person for the\nperson's enrolled division if:\n\nConstitutional Convention (Election) Act 2011 23\n(b) the officer is satisfied the officer's certified list of voters has\nbeen marked to indicate a ballot paper has already been\nissued to the person but the person declares the person has\nnot already voted at the election; and\n(c) the person completes and signs a declaration in the approved\n(d) the officer signs the declaration as witness.\n(a) immediately before issuing the ballot paper to the person,\ninitial the back of the ballot paper; and\n(b) immediately after issuing the ballot paper to the person, make\na record of its issue.\n(4) The declaration by a person to whom subsection (1)(b)(i) applies\nmust state the following:\n(a) the person:\n(i) has complied with Part VIII of the Commonwealth Act\nbefore the close of roll; or\n(ii) has made an application under section 15(4)(a) in the\ncircumstances mentioned in section 15(4)(b) before the\nclose of roll;\n(b) if paragraph (a)(i) applies – to the best of the person's\nknowledge, no objection has been upheld in relation to the\ninclusion of the person's name on the roll;\n(c) the person is not qualified for enrolment in a division other\nthan the division for which the person claims to vote;\n(d) the person has not already voted at the election.\n(5) The declaration by a person to whom subsection (1)(b)(ii) or (2)\napplies must state the person has not already voted at the election.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Casting declaration vote","content":"41 Casting declaration vote\ncasting a declaration vote under this Subdivision.\n\nConstitutional Convention (Election) Act 2011 24\n(2) After the issue of a declaration ballot paper by the authorised officer\nto a person:\nand\nunfolding the ballot paper, place it in the envelope on which\nthe declaration mentioned in section 40(1)(c) or (2)(c)\nappears, seal the envelope and place it in a ballot box at the\npolling place; and\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Register of postal voters","content":"42 Register of postal voters\n(1) For this Subdivision, the Commission must keep a register of postal\nvoters for each division.\n(2) The register must contain the name of each elector who is\nregistered as a general postal voter under the Commonwealth Act.\n(3) The register may also contain other particulars the Commission\nconsiders appropriate.\n(4) A registered postal voter is a person whose name is on the\nregister kept under subsection (1).\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Registered postal voters taken to have applied for postal","content":"43 Registered postal voters taken to have applied for postal\nvoting papers\nIf a person is a registered postal voter whose registration covers a\nperiod including the polling day:\n(a) the person is taken to be someone who may apply for postal\nvoting papers; and\n\nConstitutional Convention (Election) Act 2011 25\n(b) the Commission is taken to have received from the person a\nproperly completed application for postal voting papers for the\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Who may apply for postal voting papers","content":"44 Who may apply for postal voting papers\n(1) A person may apply for postal voting papers for the election if the\n(a) is, or is entitled to be, enrolled for a division; and\n(b) is an eligible person under subsection (2).\n(2) A person is an eligible person if:\n(a) throughout polling hours on the polling day, the person:\n(i) will not be in the Territory or within 20 km of a polling\nplace (other than a mobile polling place at which the\nperson may vote); or\n(ii) will be travelling under conditions that preclude voting at\na polling place; or\n(iii) will be unable to attend a polling place because of a\nphysical or other disability, illness, advanced pregnancy\nor another condition of the person; or\n(iv) will be unable to attend a polling place because of a\nreasonable fear for, or a reasonable apprehension\nabout, his or her personal wellbeing or safety; or\n(v) will be unable to attend a polling place because the\nperson will be at a place (other than a mobile polling\nplace at which the person may vote) caring for another\nperson who has a physical or other disability, illness,\nadvanced pregnancy or another condition; or\n(vi) will be precluded from attending at a polling place\nbecause the person is in the custody of the\nCommissioner of Correctional Services; or\n(vii) will be engaged in employment or occupation and either\nthe person is not entitled to leave of absence under\nsection 73 or the person's attending a polling place to\nvote would be likely to cause the person financial loss; or\n\nConstitutional Convention (Election) Act 2011 26\n(b) the person will, because of his or her membership of a\nreligious order or religious beliefs, be precluded from attending\na polling place during polling hours on the polling day or the\ngreater part of those hours; or\n(c) the person's address has been suppressed.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Application for postal voting papers","content":"45 Application for postal voting papers\nApplication for postal voting papers for the election must be made\nto the Commission in the approved form within 3 months before the\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Issue of postal voting papers","content":"46 Issue of postal voting papers\n(1) On receipt of the properly completed application, an authorised\nofficer must issue and send to the applicant:\n(a) a postal vote certificate printed on an envelope addressed to\nthe Commission; and\n(b) a ballot paper (a declaration ballot paper).\n(2) However, the officer must not send postal voting papers to the\napplicant before the order of the names of the candidates for the\napplicant's enrolled division has been determined under section 25.\n(3) The officer must send postal voting papers:\n(a) if a properly completed application was received before the\ndetermination – as soon as practicable after the determination;\nor\n(b) subject to subsections (4) and (5), if a properly completed\napplication is received after the determination – as soon as\npracticable after receiving the application.\n(4) The officer must not send postal voting papers to the applicant if:\n(a) the application is received after 6 pm on the day that is 4 days\nbefore the polling day and the address to which the papers are\nto be sent is outside Australia; or\n(b) the application is received after 6 pm on the day that is 2 days\nbefore the polling day and the address to which the papers are\nto be sent is in Australia.\n\nConstitutional Convention (Election) Act 2011 27\n(5) However, the officer may send postal voting papers to the applicant\nwhose application is received later than the time mentioned in\nsubsection (4)(a) or (b) if the officer considers doing so is\nappropriate, having regard to:\n(a) the special circumstances of the applicant; and\n(b) the need to allow sufficient time for the papers to be\ncompleted by the applicant by 6 pm on the polling day; and\n(c) any other matters the officer considers relevant.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Authorised officer to record applications","content":"47 Authorised officer to record applications\nAn authorised officer must:\n(a) number in consecutive order all applications for postal voting\npapers received by the Commission for each division\n(including applications taken to have been received under\nsection 43); and\n(b) endorse each application with the date of issue of the postal\nvoting papers; and\n(c) number each postal vote certificate issued by the officer with\nthe number corresponding to the number on the application for\nthe postal voting papers; and\n(d) initial the back of the declaration ballot paper issued by the\nofficer; and\n(e) record the issue of the postal voting papers to the person on\nthe officer's certified list of voters.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Applications to be available for public inspection","content":"48 Applications to be available for public inspection\nThe Commission must keep the applications and make them\navailable for public inspection for 14 days from and including the\nthird day after the polling day.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Procedure for postal voting","content":"49 Procedure for postal voting\nAn elector may cast a postal vote only in accordance with this\nSubdivision.\n\nConstitutional Convention (Election) Act 2011 28\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"When postal vote may be cast","content":"50 When postal vote may be cast\nThe elector may cast a postal vote at any time before 6 pm on the\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Casting postal vote","content":"51 Casting postal vote\n(1) The elector must show the elector's unmarked postal voting papers\nto an authorised witness.\n(2) The elector must, in the presence of the authorised witness, sign\nhis or her name on the postal vote certificate.\n(3) The authorised witness must:\n(a) sign his or her name on the postal vote certificate; and\n(b) insert the date and time.\n(4) The elector must, in the presence of the authorised witness but so\nthat the authorised witness cannot see the vote:\n(a) mark his or her vote on the declaration ballot paper; and\n(b) fold the ballot paper and place it in the envelope bearing the\npostal vote certificate and seal the envelope.\n(5) However, if the elector is illiterate or so physically incapacitated that\nhe or she is unable to mark the ballot paper without assistance, the\nauthorised witness must:\n(a) mark the elector's ballot paper in accordance with the elector's\ninstructions; and\n(b) fold the ballot paper and place it in the envelope bearing the\npostal vote certificate and seal the envelope.\n(6) As soon as practicable after subsection (4) or (5) is complied with,\nthe elector must send the envelope to the Commission.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Application of Division","content":"52 Application of Division\nThis Division provides for the casting of declaration votes before the\n\nConstitutional Convention (Election) Act 2011 29\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Arrangements for voting","content":"53 Arrangements for voting\n(1) For this Division, the Commission must:\n(a) declare regions:\n(i) each of which comprises one or more divisions; and\n(ii) to which early voting centres are related; and\n(b) decide the period during which, and the days and hours when,\nvoting before the polling day may take place at early voting\ncentres.\n(2) The Commission may assign a name to a region.\n(3) The period decided under subsection (1)(b) must not start until the\norder of the names of all the candidates for the election has been\ndetermined under section 25.\n(4) This section does not prevent a declaration under subsection (1)(a)\nproviding for:\n(a) part of a division being part of a region; or\n(b) the whole or part of a division being part of more than one\nregion.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Public notice of arrangements","content":"54 Public notice of arrangements\n(1) The Commission must give public notice of the arrangements for\nvoting under this Division.\n(2) The notice must state the period during which, and the days and\nhours when, voting before the polling day may take place at early\nvoting centres.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Issue of declaration ballot paper","content":"55 Issue of declaration ballot paper\n(1) This section applies if a person attends before an authorised officer\nat an early voting centre during the hours of polling on a day\ndecided under section 53(1)(b) and declares he or she is an elector\nwho:\n(a) is entitled to vote at the election; and\n(b) expects to be unable to attend at a polling place on the polling\nday for the election.\n\nConstitutional Convention (Election) Act 2011 30\n(2) The officer must issue a ballot paper (a declaration ballot paper)\nto the person for the person's enrolled division if:\n(b) the officer is satisfied the officer's certified list of voters:\n(i) states the person's name; and\n(ii) states an address for the person or indicates the\nperson's address is suppressed; and\n(iii) has not been marked to indicate a ballot paper has\nalready been issued to the person; and\n(3) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Casting declaration vote","content":"56 Casting declaration vote\nthe casting of a declaration vote by a person issued a declaration\nballot paper under section 55.\nofficer to the person, the person must, without undue delay:\n(a) go to an unoccupied voting compartment at the early voting\ncentre and there, in private:\n(b) place the ballot paper in a ballot box at the centre or, if the\ncentre is not in the region in which the person's enrolled\ndivision is situated, place it in an envelope bearing the name\nof the division and the centre, seal the envelope and place it in\na ballot box at the centre; and\n(c) leave the centre.\n\nSubdivision 3 Declaration voting by persons whose names are not on certified list of voters\nConstitutional Convention (Election) Act 2011 31\nSubdivision 3 Declaration voting by persons whose names are\nnot on certified list of voters\n57 Issue of declaration ballot paper\n(1) This section applies if:\n(a) a person attends before an authorised officer at an early\nvoting centre during the hours of polling on a day decided\nunder section 53(1)(b); and\n(b) the person states the person's full name and address; and\n(c) the officer is satisfied the officer's certified list of voters does\nnot state the person's name and address; and\n(d) the person answers the voter's question in the affirmative; and\n(e) the person completes and signs a declaration in the approved\n(f) the officer signs the declaration as witness.\n(2) The officer must issue a ballot paper (a declaration ballot paper)\nto the person.\n(a) immediately before issuing the ballot paper to the person,\ninitial the back of the ballot paper; and\n(b) immediately after issuing the ballot paper to the person, make\na record of its issue.\n(4) The declaration by the person must state the following:\n(a) the person:\n(i) has complied with Part VIII of the Commonwealth Act\nbefore the close of roll; or\n(ii) has made an application under section 15(4)(a) in the\ncircumstances mentioned in section 15(4)(b) before the\nclose of roll;\n(b) if paragraph (a)(i) applies – to the best of the person's\nknowledge, no objection has been upheld in relation to the\ninclusion of the person's name on the roll;\n(c) the person is not qualified for enrolment in a division other\nthan the division for which the person claims to vote;\n\nConstitutional Convention (Election) Act 2011 32\n(d) the person has not already voted at the election.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Casting declaration vote","content":"58 Casting declaration vote\nthe casting of a declaration vote by a person issued a declaration\nballot paper under section 57.\nofficer to the person:\nand\nunfolding the ballot paper, place it in the envelope on which\nthe declaration mentioned in section 57(1)(e) appears, seal\nthe envelope and place it in a ballot box at the polling place;\nand\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Ballot boxes at early voting centres","content":"59 Ballot boxes at early voting centres\n(1) This section applies to declaration ballot papers issued under\nSubdivisions 2 and 3 at an early voting centre.\n(2) As soon as practicable after 6 pm on the day before the polling day,\nan authorised officer must:\n(a) seal the ballot boxes containing the declaration ballot papers;\nand\n(b) send the sealed boxes to the Commission or, if directed by the\nCommission, the officer in charge of a scrutiny centre for\nscrutiny under Part 4.\n\nConstitutional Convention (Election) Act 2011 33\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Application of Division","content":"60 Application of Division\nThis Division provides for the casting of ordinary votes and\ndeclaration votes under Division 2 or 3 during the mobile polling\nperiod at mobile polling places for the election.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Mobile polling places","content":"61 Mobile polling places\n(1) The Commissioner may, in writing, declare a specified polling place\nin a division to be a mobile polling place where votes may be taken\nby an authorised officer during the mobile polling period for the\n(2) The declaration may specify:\n(a) classes of electors who may vote at the mobile polling place;\nand\n(b) dates and hours during which votes may be cast at the place\nduring the mobile polling period.\n(3) In making the declaration, the Commissioner must have regard to\n(a) whether or not:\n(i) there is a distinct community of electors who may be\nserved by the mobile polling place; or\n(ii) there are special circumstances applying to electors who\nmay be served by the mobile polling place (for example,\nbecause of their special needs or other requirements);\n(b) the practicality for those electors to attend another polling\nplace for the election;\n(c) the practicality of establishing the mobile polling place for\nthose electors, having regard to their number and resources\nrequired for doing so.\n(4) If the declaration specifies a class of electors, only a person in that\nclass may vote at the mobile polling place.\n(5) The Commissioner must:\n(a) give public notice of the declaration; and\n\nConstitutional Convention (Election) Act 2011 34\n(b) as far as practicable, notify the community or electors to be\nserved by the mobile polling place in a way that is reasonable\nin the circumstances.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Change of mobile polling place, dates or hours for voting","content":"62 Change of mobile polling place, dates or hours for voting\n(1) The Commissioner may substitute another polling place (a\nsubstituted place) for the mobile polling place or change the dates\nor hours specified for the polling place if the Commissioner is\nsatisfied there are special circumstances requiring the substitution\nor change.\n(2) The Commissioner must give notice to the public of the substitution\nor change that is reasonable and practicable in the circumstances.\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Obligations of authorised officer","content":"63 Obligations of authorised officer\nWhen visiting a mobile polling place, an authorised officer must:\n(a) take a ballot box, ballot papers, certified lists of voters and\nanything else necessary to enable a person to vote; and\n(b) be accompanied by at least one officer.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Application of Act for voting at mobile polling place","content":"64 Application of Act for voting at mobile polling place\nWhile an authorised officer is with a person in a room or another\nplace for taking the person's vote, this Act has effect, as far as\npracticable, as if the authorised officer were the officer in charge of\nthe mobile polling place.\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Failure to visit mobile polling place","content":"65 Failure to visit mobile polling place\nThe result of the election is not invalidated merely because an\nauthorised officer did not visit:\n(a) a mobile polling place; or\n(b) a mobile polling place on the dates or during the hours:\n(i) specified in a declaration under section 61; or\n(ii) as substituted or changed under section 62.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Dealing with ballot boxes","content":"66 Dealing with ballot boxes\n(1) After an authorised officer has finished all visits to mobile polling\nplaces for which the officer is authorised, the officer must, in the\npresence of any scrutineers, close and seal the ballot boxes\ncontaining ballot papers.\n\nConstitutional Convention (Election) Act 2011 35\n(2) The authorised officer must send the ballot boxes containing the\nballot papers to the Commission or, if directed by the Commission,\nthe officer in charge of a scrutiny centre for scrutiny under Part 4.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Arrangements at polling places","content":"67 Arrangements at polling places\n(1) At each polling place (other than a mobile polling place), polling\nmust be conducted as follows:\n(a) before any vote is taken, the officer in charge of the polling\nplace must show that each ballot box is empty and then\nsecurely seal it closed;\n(b) the poll must open at 8 am and not close until all electors\npresent in the polling place at 6 pm and desiring to vote have\nvoted;\n(c) the polling place must be closed at 6 pm and no person is to\nbe admitted after that time for voting.\n(2) However, the officer in charge of an early voting centre need only\ncomply with subsection (1)(a).\n(3) Subsections (4) and (5) apply to the conduct of polling at mobile\npolling places.\n(4) At the first mobile polling place visited by an authorised officer, the\nofficer must:\n(a) before any vote is taken, show the ballot box empty and then\nsecurely seal it closed; and\n(b) at the close of polling at that place, seal the cleft of the ballot\nbox.\n(5) At mobile polling places later visited by the officer:\n(a) the officer must:\n(i) before any vote is taken, open the cleft of the ballot box;\nand\n(ii) at the close of polling at that place, seal the cleft of the\nballot box; and\n(b) if it is necessary to use another ballot box – subsection (4) and\nparagraph (a) apply to that ballot box.\n\nConstitutional Convention (Election) Act 2011 36\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Assistance to some voters","content":"68 Assistance to some voters\n(1) A voter may be assisted by a person (an assistant) in voting if the\nvoter would otherwise be unable to vote.\n(2) An assistant must be:\n(a) if the voter is a postal voter – an authorised witness; or\n(b) otherwise:\n(i) a nominee of the voter; or\n(ii) if there is no nominee – an officer.\n(3) An assistant may enter a voting compartment to assist a voter to\nvote, but an officer must not do so except in the presence of:\n(a) a scrutineer; or\n(b) if no scrutineer is present – another officer.\n(4) Subject to subsection (3), an assistant may assist a voter in any of\nthe following ways:\n(a) by acting as an interpreter;\n(b) for a declaration vote – by completing, or assisting the voter to\ncomplete, the declaration;\n(c) by explaining the ballot paper and the requirements of this Act\nrelating to marking the ballot paper;\n(d) by marking, or assisting the voter to mark, the ballot paper at\nthe voter's direction;\n(e) by folding the ballot paper and placing it in a ballot box or\ndeclaration envelope, or giving it to an officer, as required by\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Assistance to voters unable to enter polling place","content":"69 Assistance to voters unable to enter polling place\n(1) This section applies if the officer in charge of a polling place is\nsatisfied a voter cannot enter the polling place because of a\nphysical or other disability, illness, advanced pregnancy or another\ncondition of the voter.\n(2) The voter:\n(a) may vote outside, but close to, the polling place; and\n\nConstitutional Convention (Election) Act 2011 37\n(b) may be assisted in voting.\n(3) Before allowing the voter to vote outside the polling place, the\nofficer must:\n(a) tell any scrutineers at the polling place that the voter is to vote\noutside the polling place; and\n(b) allow, from the scrutineers present, one scrutineer for each\ncandidate to be present when the voter votes.\n(4) The voter must:\n(a) mark his or her vote on the ballot paper in the presence of the\nofficer; and\n(b) fold the ballot paper to conceal the names of the candidates;\nand\n(c) give the ballot paper to the officer.\n(5) The voter must be allowed to mark his or her vote on the ballot\npaper in private.\n(6) If the voter is casting an ordinary vote, the officer must ensure the\nfolded ballot paper is placed in the ballot box at the polling place in\nthe presence of any scrutineers who were present when the voter\nvoted.\n(7) If the voter is casting a declaration vote, the officer must:\n(a) in the presence of the voter, without unfolding the ballot paper,\nplace the ballot paper in the declaration envelope and seal the\nenvelope; and\n(b) place the envelope in a ballot box at the polling place.\n(8) This section has effect subject to section 68.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Spoilt or discarded ballot paper","content":"70 Spoilt or discarded ballot paper\n(1) Subsection (2) applies if an authorised officer at a polling place:\n(a) is satisfied a ballot paper given to the officer by a person has\nbeen spoilt by mistake or accident; or\n(b) finds a ballot paper discarded at the polling place.\n\nConstitutional Convention (Election) Act 2011 38\n(2) The officer must:\n(a) cancel the ballot paper by writing \"spoilt\" or \"discarded\" on it;\nand\n(b) place the ballot paper in an envelope, seal the envelope and\nendorse the envelope with a statement of its contents; and\n(c) for a spoilt ballot paper – issue to the person an unused ballot\npaper.\n(3) As soon as practicable after the close of polling at the polling place,\nthe officer must place all envelopes mentioned in subsection (2)(b)\nwith unused ballot papers.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Dealing with ballot boxes and electoral papers","content":"71 Dealing with ballot boxes and electoral papers\n(1) At the close of polling at a polling place, the officer in charge of the\npolling place must, in the presence of any scrutineers:\n(a) close and seal the ballot boxes containing ballot papers for\nordinary voting or declaration voting; and\n(b) parcel and seal all unused ballot papers and the envelopes\nmentioned in section 70(3); and\n(c) parcel and seal all other electoral papers used at the polling\nplace.\n(2) The officer must send the things mentioned in subsection (1) to the\nCommission or, if directed by the Commission, to the officer in\ncharge of a scrutiny centre for scrutiny under Part 4.\n(3) However, subsections (1)(a) and (2) do not apply to ballot boxes\nmentioned in subsection (1)(a) if the polling place is a scrutiny\ncentre and scrutiny of the poll is proceeded with immediately after\nthe close of polling at the polling place.\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Adjournment of polling","content":"72 Adjournment of polling\n(1) The officer in charge of a polling place may adjourn polling at the\nplace on the polling day if it is not practicable to proceed with\npolling because of riot, violence, fire, storm, flood or another similar\nevent.\n(2) The officer in charge must, immediately after adjourning polling at\nthe place under subsection (1), notify the Commission of the\nadjournment.\n\nConstitutional Convention (Election) Act 2011 39\n(3) The Commission must decide a day (as soon as practicable, but no\nlater than 21 days, after the adjournment) as the day when polling\nis to resume if the Commission reasonably believes it is not\nreasonably practicable for an elector affected by the adjournment to\ncast a vote at another polling place.\n(4) If it is impracticable to resume the polling at the same polling place,\nthe Commission must decide the polling place where polling may\nbe resumed.\n(5) The Commission must, as soon as practicable, give notice to the\npublic that is reasonable in the circumstances of the adjournment\nand any decision under subsection (3) or (4).\n(6) On the resumption of polling, an elector is entitled to vote only if:\n(a) the elector has not already voted; and\n(b) the elector was entitled to vote at the polling place in relation\nto which polling was adjourned.\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Employee wishing to vote","content":"73 Employee wishing to vote\n(1) On notice by an employee before the polling day, the employee's\nemployer must allow the employee, without penalty or any\ndisproportionate deduction of pay, to take any necessary leave (not\nexceeding 2 hours) for the purpose of voting.\n(2) However, subsection (1) does not apply if the employee's absence\nmay cause danger or substantial loss.\n(3) An employee commits an offence if the employee:\n(a) notifies his or her employer under subsection (1) in relation to\ntaking leave for the purposes of voting; and\n(b) the employee does not intend to vote during the leave.\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"How scrutiny carried out","content":"74 How scrutiny carried out\n(1) The result of the election for a division must be determined by\nscrutiny carried out in accordance with this Part (including the\nSchedule) if polling for the election is held for the division.\n\nConstitutional Convention (Election) Act 2011 40\n(2) Proceedings at the scrutiny must be open to the inspection of\nscrutineers and other persons approved by the officer in charge of a\nscrutiny centre.\n(3) The officer in charge of a scrutiny centre may from time to time\nadjourn the scrutiny at the centre.\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Informal ballot paper","content":"75 Informal ballot paper\n(1) A ballot paper is informal:\n(a) unless it is:\n(i) printed by the Government Printer; or\n(ii) created for this Act by an officer and initialled by an\nofficer; or\n(iii) marked in accordance with section 34; or\n(b) if an authorised officer is satisfied the voter can be identified\nbecause of a mark or other writing on it.\n(2) For section 34(2)(a) and (b), a voter is taken to have indicated his\nor her order of preferences for all the candidates on a ballot paper\nin the circumstances mentioned in subsection (3) or (4).\n(3) If there are 3 or more candidates and the voter placed a single \"1\",\n\"\" or \"\" in one candidate square and placed consecutively\nincreasing whole numbers (starting with a \"2\") in the remaining\ncandidate squares until a number is placed in each of those\ncandidate squares, then:\n(a) the candidate whose candidate square is placed with a\nsingle \"1\", \"\" or \"\" is taken to be the voter's first preference;\nand\n(b) the number placed in each of the other candidate squares is\ntaken to indicate the rest of the voter's order of preferences.\n(4) If there are 3 or more candidates and the voter placed a single \"1\",\n\"\" or \"\" in one candidate square, left one candidate square blank\nand placed consecutively increasing whole numbers (starting with\na \"2\") in the remaining candidate squares until a number is placed\nin each of those candidate squares, then:\n\nConstitutional Convention (Election) Act 2011 41\n(a) the candidate whose candidate square is placed with a\nsingle \"1\", \"\" or \"\" is taken to be the voter's first preference;\nand\n(b) the candidate whose candidate square is left blank is taken to\nbe the voter's last preference; and\n(c) each number placed in any other candidate square is taken to\nindicate the voter's order of preferences between the first and\nlast preferences.\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Ballot papers not informal because of mistakes about name of","content":"76 Ballot papers not informal because of mistakes about name of\ndivision or candidate\n(1) A ballot paper is not informal merely because the name of the\ndivision appearing on the ballot paper is wrong or has been omitted\nfrom the ballot paper if the names of all candidates for the division\nare on the ballot paper.\n(2) A ballot paper is not informal merely because the surname only of a\ncandidate is written on the ballot paper if no other candidate has the\nsame surname.\n(3) A ballot paper is not informal merely because a mistake is made in\nthe spelling of a candidate's name if an authorised officer is\nsatisfied there is no doubt about the identity of the candidate.\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Some declaration ballot papers not counted","content":"77 Some declaration ballot papers not counted\nDespite any other provision of this Part, a declaration ballot paper\nmust not be counted and must be treated as a discarded ballot\npaper if it is received by the Commission otherwise than in:\n(a) for a postal vote – the envelope bearing the postal vote\ncertificate; or\n(b) for a declaration vote cast under section 41, 56 or 58 – the\nenvelope in which the ballot paper is placed under that\nsection.\n","sortOrder":76},{"sectionNumber":"78","sectionType":"section","heading":"Some postal ballot papers not counted","content":"78 Some postal ballot papers not counted\n(1) Despite any other provision of this Part, a postal ballot paper must\nnot be counted unless:\n(a) the vote marked on the ballot paper is marked before 6 pm on\nthe polling day; and\n\nConstitutional Convention (Election) Act 2011 42\n(b) the ballot paper is either:\n(i) delivered to an authorised officer before the close of\npolling on the polling day; or\n(ii) if not delivered to an authorised officer before the close\nof polling on the polling day, received by the\nCommission before 6 pm on the Friday next following\nthe polling day.\n(2) In the absence of evidence to the contrary, the time and date\nappearing in the postal vote certificate on an envelope containing\nan elector's postal ballot paper is taken to be the time at which and\ndate on which the elector's vote was marked on the ballot paper.\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Dealing with some declaration votes for absent voters","content":"79 Dealing with some declaration votes for absent voters\n(1) This section applies if the officer in charge of a scrutiny centre finds\nan unenclosed absent ballot paper in a ballot box at a polling place.\n(2) The officer must not reject the ballot paper from scrutiny merely\nbecause it is unenclosed.\n(a) place the ballot paper in an envelope bearing the name of the\ndivision specified in the ballot paper and the name of the\npolling place; and\n(b) send it to the Commission or the authorised officer directed by\nthe Commission.\n(4) In this section:\nabsent ballot paper means a declaration ballot paper issued under\nPart 3, Division 3, Subdivision 1.\nunenclosed, for an absent ballot paper, means the ballot paper is\nnot contained in an envelope bearing the name of the division\nspecified on the ballot paper.\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Initial dealing with ballot papers","content":"80 Initial dealing with ballot papers\n(1) As soon as practicable after the close of polling for the election, the\nofficer in charge of a scrutiny centre must:\n(a) open the ballot boxes under the officer's control; and\n\nConstitutional Convention (Election) Act 2011 43\n(e) make and sign a statement stating the number of:\nand\n(f) place all formal ballot papers mentioned in paragraph (c) in\n(g) seal the parcels mentioned in paragraphs (b) and (f) and\n(h) send all the parcels and the statement to the Commission or\nthe authorised officer directed by the Commission.\n(2) A candidate's scrutineer may sign any of the following:\n(a) the statement mentioned in subsection (1)(e);\n(b) a sealed parcel mentioned in subsection (1)(g).\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Check count of ordinary votes","content":"81 Check count of ordinary votes\n(1) This section applies to the parcels of ballot papers sent to the\nCommission or an authorised officer under section 80(1)(h).\n\nConstitutional Convention (Election) Act 2011 44\nin section 80(1)(e).\nDivision 4 Declaration votes cast on polling day or by\npersons whose names are not on certified list of\nvoters at early voting centres\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Application of Division","content":"82 Application of Division\nThis Division applies to declaration voting papers issued under:\n(a) Part 3, Division 3; or\n(b) Part 3, Division 5, Subdivision 3.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Initial dealing with some declaration voting papers","content":"83 Initial dealing with some declaration voting papers\n(1) This section applies to declaration voting papers issued under\nPart 3, Division 3.\n(2) As soon as practicable after the close of polling for the election, the\nofficer in charge of a scrutiny centre must:\n(a) sort the declaration voting papers from the ballot boxes at the\ncentre into declaration voting papers for each division; and\n(b) place the declaration voting papers in a parcel, seal the parcel\nand endorse on it a statement of its contents; and\n(c) send the parcel to the Commission or the authorised officer\ndirected by the Commission.\n\nSubdivision 3 Declaration voting by persons whose names are not on certified list of voters\nConstitutional Convention (Election) Act 2011 45\nSubdivision 2 Declaration votes cast by persons absent from\n84 Application of Subdivision\n(a) issued under Part 3, Division 3, Subdivision 1; and\nsection 79(3)(b) or 83(2)(c).\n","sortOrder":82},{"sectionNumber":"85","sectionType":"section","heading":"Examination of declaration ballot papers","content":"85 Examination of declaration ballot papers\n(2) The officer must seal the parcel mentioned in subsection (1)(c) and\nendorse on it a statement of its contents.\n","sortOrder":83},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Declaration voting by persons whose names are","content":"Subdivision 3 Declaration voting by persons whose names are\nnot on certified list of voters\n","sortOrder":84},{"sectionNumber":"86","sectionType":"section","heading":"Application of Subdivision","content":"86 Application of Subdivision\n(a) issued under:\n(i) Part 3, Division 3, Subdivision 2 to persons to whom\nsection 40(1)(b)(i) applies; or\n(ii) Part 3, Division 5, Subdivision 3; and\nsection 83(2)(c) or 98(1)(e).\n\n","sortOrder":85},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Declaration votes cast by voters marked on roll as already voted","content":"Subdivision 4 Declaration votes cast by voters marked on roll as already voted\nConstitutional Convention (Election) Act 2011 46\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Examination of declaration ballot papers","content":"87 Examination of declaration ballot papers\n(b) examine each envelope.\n(2) Subsection (3) applies if the officer is satisfied:\n(a) the declaration on the envelope is properly signed and\nwitnessed; and\n(b) the person who made the declaration is entitled to vote.\n(a) if the person's name is on the officer's certified list of voters for\nthe division – place a mark against the person's name on the\nlist; and\n(4) If the officer is not satisfied of the matters mentioned in\nsubsection (2), the officer must:\n(a) exclude the ballot paper from further scrutiny; and\n(b) place the unopened envelopes in a parcel.\n(5) The officer must seal the parcels mentioned in subsections (3)(c)\nand (4)(b) and endorse on each parcel a statement of its contents.\n(6) A candidate's scrutineer may sign a sealed parcel.\nSubdivision 4 Declaration votes cast by voters marked on roll as\nalready voted\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Application of Subdivision","content":"88 Application of Subdivision\n(a) issued under Part 3, Division 3, Subdivision 2 to persons to\nwhom section 40(1)(b)(ii) or (2) applies; and\n\nConstitutional Convention (Election) Act 2011 47\nsection 83(2)(c).\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Examination of declaration ballot papers","content":"89 Examination of declaration ballot papers\n(b) examine each envelope.\n(2) Subsection (3) applies if the officer:\n(a) is satisfied the declaration on the envelope is properly signed\nand witnessed; and\n(b) accepts the declaration.\n(a) take the ballot paper out of each envelope; and\n(b) place the envelope in a parcel with all other envelopes from\nwhich ballot papers have been taken under paragraph (a).\n(4) If the officer is not satisfied of the matters mentioned in\nsubsection (2), the officer must:\n(a) exclude the ballot paper from further scrutiny without opening\nthe envelope in which it is contained; and\n(b) place the unopened envelopes in a parcel.\n(5) The officer must seal the parcels mentioned in subsections (3)(b)\nand (4)(b) and endorse on each parcel a statement of its contents.\n(6) A candidate's scrutineer may sign a sealed parcel.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Initial count of declaration votes","content":"90 Initial count of declaration votes\nsections 85(1)(b), 87(3)(b) and 89(3)(a).\n\nConstitutional Convention (Election) Act 2011 48\n(d) place all formal ballot papers mentioned in paragraph (b) in\n(e) seal the parcels mentioned in paragraphs (a) and (d) and\n(f) make and sign a statement stating the number of:\nand\n(ii) informal ballot papers.\n(a) a sealed parcel mentioned in subsection (2)(e);\n(b) the statement mentioned in subsection (2)(f).\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Check count of declaration votes","content":"91 Check count of declaration votes\n(1) This section applies to the parcels of declaration ballot papers\nmentioned in section 90(2)(e).\n\nSubdivision 1 Dealing with postal voting papers before the end of polling day\nConstitutional Convention (Election) Act 2011 49\nin section 90(2)(f).\nSubdivision 1 Dealing with postal voting papers before the end of\npolling day\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Receipt of postal voting papers","content":"92 Receipt of postal voting papers\nOn receipt of postal voting papers for a division, the Commission\n(a) note the day and time of receipt on the envelope bearing the\nelector's postal vote certificate and containing the declaration\nballot paper for the division; and\n(b) give the postal voting papers to an authorised officer for the\n","sortOrder":92},{"sectionNumber":"93","sectionType":"section","heading":"Checking postal voting papers","content":"93 Checking postal voting papers\n(1) An authorised officer for the division must compare the signature of\nthe elector on the elector's postal vote certificate with the signature\nof the elector on the elector's application:\n(a) under the Commonwealth Act for registration as a general\npostal voter; or\n(b) under section 44 for postal voting papers.\n(2) If the officer is satisfied:\n(a) the elector's signature on the elector's postal vote certificate is\nthat of the elector who signed the application; and\n(b) the signature purports to be witnessed by an authorised\nwitness; and\n\nConstitutional Convention (Election) Act 2011 50\n(c) the vote marked on the declaration ballot paper contained in\nthe envelope purports to have been cast before 6 pm on the\npolling day;\nthe officer must place the envelope unopened in a locked or sealed\nballot box marked \"Postal Ballot Box\".\n(3) If the officer is not satisfied of the matters mentioned in\nsubsection (2), the officer must mark the unopened envelope with\nthe word \"rejected\" before placing it in the postal ballot box.\n","sortOrder":93},{"sectionNumber":"94","sectionType":"section","heading":"Initial dealing with postal voting papers after close of polling","content":"94 Initial dealing with postal voting papers after close of polling\n(1) At the times the officer in charge of a scrutiny centre considers\npracticable after the close of polling for the election, the officer\n(a) open the postal ballot box and remove the unopened\nenvelopes containing declaration ballot papers received not\nlater than 6 pm on the Friday next following the polling day;\nand\n(b) allow candidates' scrutineers to inspect each envelope\nbearing an elector's postal vote certificate marked \"rejected\"\nand then:\n(i) exclude the declaration ballot papers contained in those\nenvelopes from further scrutiny; and\n(ii) place the envelopes, unopened, in a parcel; and\n(c) take the declaration ballot paper from the envelope admitted\nto scrutiny without inspecting or unfolding it or allowing any\nother person to do so; and\n(d) place the envelope in a parcel with all other envelopes from\nwhich ballot papers have been taken under paragraph (c); and\n(e) seal the parcels mentioned in paragraphs (b)(ii) and (d) and\n(2) A candidate's scrutineer may sign a sealed parcel.\n","sortOrder":94},{"sectionNumber":"95","sectionType":"section","heading":"Initial count of postal votes","content":"95 Initial count of postal votes\nsection 94(1)(c).\n\nConstitutional Convention (Election) Act 2011 51\nand\n(a) the statement mentioned in subsection (2)(d);\n(b) a sealed parcel mentioned in subsection (2)(f).\n","sortOrder":95},{"sectionNumber":"96","sectionType":"section","heading":"Check count of postal votes","content":"96 Check count of postal votes\n(1) This section applies to the parcels of declaration ballot papers\nmentioned in section 95(2)(f).\n\nConstitutional Convention (Election) Act 2011 52\nin section 95(2)(d).\n","sortOrder":96},{"sectionNumber":"Div 6","sectionType":"division","heading":"Declaration votes cast at early voting centres","content":"Division 6 Declaration votes cast at early voting centres\nbefore polling day\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Application of Division","content":"97 Application of Division\nThis Division applies to declaration voting papers issued under\nPart 3, Division 5.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Initial dealing with ballot boxes","content":"98 Initial dealing with ballot boxes\n(1) As soon as practicable after the close of polling for the election, an\nauthorised officer must:\n(a) open the ballot boxes sent to the Commission or officer in\ncharge of a scrutiny centre under section 59(2)(b) and remove\nthe contents; and\n(b) sort the contents into:\n(i) declaration ballot papers completed by electors for each\ndivision in the region in which the early voting centre is\nsituated; and\n(ii) envelopes containing declaration ballot papers by\nelectors for each division in other regions; and\n(iii) envelopes containing declaration ballot papers\ncompleted by unenrolled persons; and\n(c) place the envelopes mentioned in paragraph (b)(ii) and (iii) in\nseparate parcels; and\n\n","sortOrder":99},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Declaration votes cast for divisions within regions of early voting centres","content":"Subdivision 2 Declaration votes cast for divisions within regions of early voting centres\nConstitutional Convention (Election) Act 2011 53\n(d) seal the parcels and endorse on them a statement of their\ncontents; and\n(e) if the scrutiny centre is not at the Commission's office – send\nthe sealed parcels to the Commission.\n(2) A candidate's scrutineer may sign a sealed parcel.\nSubdivision 2 Declaration votes cast for divisions within regions\nof early voting centres\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Application of Subdivision","content":"99 Application of Subdivision\nThis Subdivision applies to the declaration ballot papers mentioned\nin section 98(1)(b)(i) for a division.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Initial count of declaration votes","content":"100 Initial count of declaration votes\n(1) An authorised officer for the division must:\nand\n(g) send all the parcels and statements to the Commission or the\nauthorised officer directed by the Commission.\n(2) A candidate's scrutineer may sign any of the following:\n(a) the statement mentioned in subsection (1)(d);\n\nSubdivision 3 Declaration votes cast for divisions in other regions at early voting centres\nConstitutional Convention (Election) Act 2011 54\n(b) a sealed parcel mentioned in subsection (1)(f).\nSubdivision 3 Declaration votes cast for divisions in other\nregions at early voting centres\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Application of Subdivision","content":"101 Application of Subdivision\nThis Subdivision applies to the parcels of envelopes mentioned in\nsection 98(1)(b)(ii).\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Examination of declaration ballot papers","content":"102 Examination of declaration ballot papers\n(2) The officer must seal the parcel mentioned in subsection (1)(c) and\nendorse on it a statement of its contents.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Initial count of declaration votes","content":"103 Initial count of declaration votes\nsection 102(1)(b) for each division.\nand\n\nSubdivision 4 Check count of all declaration votes cast at early voting centres\nConstitutional Convention (Election) Act 2011 55\n(a) the statement mentioned in subsection (2)(d);\n(b) a sealed parcel mentioned in subsection (2)(f).\nSubdivision 4 Check count of all declaration votes cast at early\nvoting centres\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Check count of declaration votes","content":"104 Check count of declaration votes\n(1) This section applies to the parcels of declaration ballot papers for\nwhich an initial count has been conducted under section 100\nor 103.\nin section 100(1)(d) or 103(2)(d).\n\nConstitutional Convention (Election) Act 2011 56\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Part counting of votes","content":"105 Part counting of votes\n(1) It is not necessary for an authorised officer to receive all envelopes\ncontaining declaration ballot papers before proceeding to deal with\nthe ballot papers under this Part.\n(2) However, sufficient unopened envelopes containing postal votes\nmust be kept in each postal ballot box to ensure the ballot papers\nwhen taken from the envelopes for counting are sufficient in\nnumber to ensure the secrecy of the ballot is maintained.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Objections by candidate's scrutineer","content":"106 Objections by candidate's scrutineer\n(1) A candidate's scrutineer may object to the admission or rejection of\na ballot paper as a formal ballot paper.\n(2) The objection must be made to the officer conducting the scrutiny.\n(a) decide the objection by admitting or rejecting the ballot paper\nas a formal ballot paper; and\n(b) mark the ballot paper \"admitted\" or \"rejected\" according to the\ndecision.\n(4) This section does not prevent the officer from rejecting a ballot\npaper as being informal even though no objection is made to it.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Determination of first preference votes","content":"107 Determination of first preference votes\nAn authorised officer for a division must, from the statements or\namended statements mentioned in sections 81(2)(g), 91(2)(g),\n96(2)(g) and 104(2)(g) and the result of the scrutiny of votes\ncounted by officers, determine the number of first preference votes\ncast for each candidate for the division.\n\nConstitutional Convention (Election) Act 2011 57\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Procedures immediately after close of polling","content":"108 Procedures immediately after close of polling\nAs soon as practicable after the close of polling for a division, an\nauthorised officer for the division must:\n(a) open all parcels containing formal ballot papers for the\n(b) continue the scrutiny for determining the result of the election\nfor the division in accordance with the Schedule and this\nSubdivision.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Death of candidate","content":"109 Death of candidate\n(1) If a candidate for a division dies before the end of the polling day,\nthe result of the election for the division must be determined as\nprovided in clause 18 of the Schedule.\n(2) If a candidate for a division dies after the polling day and before the\nresult of the election for the division is declared under section 111\n(the deceased candidate), the result must be determined under\nthe Schedule as if the candidate had not died.\n(3) If the deceased candidate would have been elected on that\ndetermination (the original determination), the result of the\nelection for the division must be further determined as follows:\n(a) if there is only one unelected candidate remaining on the\noriginal determination (including an excluded candidate as\ndefined in the Schedule), that candidate is to be determined\nas elected;\n(b) otherwise – the votes are to be recounted under the Schedule\nas provided in clause 18 of the Schedule as if the deceased\ncandidate were a candidate who died as mentioned in that\nclause.\n(4) The recount must:\n(a) not take into account the result of the original determination;\nand\n(b) cease immediately after a candidate, other than a candidate\nwho was determined to be elected as a delegate on the\noriginal determination (a previously elected candidate), is\ndetermined to be the earliest elected.\n\nConstitutional Convention (Election) Act 2011 58\n(5) The candidate who is determined as elected under\nsubsection (3)(a), or determined to be the earliest elected as\nmentioned in subsection (4)(b), is to be elected as the reserve\ndelegate for the division.\n(6) Irrespective of the result of the original determination and the\nrecount, each of the previously elected candidates is to be\ndetermined to be elected as an ordinary delegate for the division.\n(7) If more than one candidate has died as mentioned in\nsubsection (2):\n(a) subsections (2) to (6) operate separately for each death in the\norder of the deaths; and\n(b) if 2 or more deaths occur at the same time – an older person\nis taken to have died earlier than a younger person.\n(8) The regulations may prescribe a matter arising from this section.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Recount","content":"110 Recount\n(1) The Commission may, at any time before a candidate is declared to\nbe elected for a division under section 111, direct an authorised\nofficer for the division to recount any ballot papers placed in a\nparcel under this Part in relation to the division.\n(2) The Commission may give the direction:\n(a) on receipt of a written request by a candidate for the division\nstating the reasons for it; or\n(b) on the Commission's own initiative.\n(3) If the Commission gives the direction:\n(a) this Part applies to the recount; and\n(b) the officer may reverse any decision made earlier in the\nscrutiny relating to the admission or rejection of a ballot paper\nas a formal ballot paper.\n(4) In addition:\n(a) if required by a candidate's scrutineer, the officer must refer\nany question relating to the formal or informal nature of a\nballot paper to the Commission; and\n(b) the Commission must decide the question.\n(5) This section has effect subject to section 109.\n\nConstitutional Convention (Election) Act 2011 59\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Declaration of result of election","content":"111 Declaration of result of election\n(1) This section applies if:\n(a) polling for the election has been held for a division; and\n(b) the result of the election for the division has been determined\nin accordance with this Part; and\n(c) one or more candidates are to be elected as delegates for the\ndivision on that determination.\n(2) As soon as practicable after that determination, the Commission\n(a) declare those candidates returned as delegates elected for the\n(b) state in the declaration:\n(i) each delegate's name; and\n(ii) whether the delegate is elected as an ordinary delegate\nor reserve delegate.\n(3) The declaration must be made in public at the Commission's office\nor another place in the Territory the Commission considers\nappropriate.\n(4) However, and despite any other provision, if a candidate who would\notherwise be declared under subsection (2) dies before the\ndeclaration, the Commission must not declare the candidate\nreturned as elected.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Notification of result of election","content":"112 Notification of result of election\n(1) The Commission must notify the Minister of the result of the\nelection as soon as practicable after:\n(a) the result of the election has been determined in accordance\nwith this Part for each division for which polling was held; and\n(b) the Commission has declared under section 111 for each\ndivision for which one or more candidates are returned as\nelected.\n\nConstitutional Convention (Election) Act 2011 60\n(2) The notice must:\n(a) for each division for which one or more candidates are\nreturned as elected – include information contained in the\ndeclaration made under section 111 for the division; and\n(b) if, for any reason, there are divisions for which no candidate is\nreturned as elected – state those divisions; and\n(c) include any other information about the result of the election\nas the Commission considers appropriate.\n","sortOrder":114},{"sectionNumber":"Div 8","sectionType":"division","heading":"Other matters","content":"Division 8 Other matters\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Extension of time","content":"113 Extension of time\n(1) If the Minister is satisfied there is good reason to do so, the Minister\nmay, by Gazette notice, extend the time for holding the election for\na division.\n(2) The Commission must give public notice of the extension in the\ndivision to which the extension relates.\n","sortOrder":116},{"sectionNumber":"Div 1","sectionType":"division","heading":"Court of Disputed Returns","content":"Division 1 Court of Disputed Returns\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Jurisdiction","content":"114 Jurisdiction\nThe Court of Disputed Returns has jurisdiction to decide\napplications made under Division 2.\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Record of proceedings","content":"115 Record of proceedings\nThe Court of Disputed Returns must keep a record of its\nproceedings under this Act.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Validity of election may be disputed after election","content":"116 Validity of election may be disputed after election\n(1) A person may dispute the validity of the election in relation to a\ndivision only by making an application in accordance with this\nDivision after the result of the election is notified under section 112.\n\nConstitutional Convention (Election) Act 2011 61\n(2) Without limiting subsection (1), the validity of the election in relation\nto a division may be disputed because of any of the following:\n(a) the acceptance or rejection of a nomination of a candidate by\nthe Commission;\n(b) the eligibility of a person to be nominated as a candidate;\n(c) any matter connected with the printing or endorsement of\nballot papers;\n(d) any matter connected with the issue or scrutiny of ballot\npapers by an officer;\n(e) any matter connected with the admission or rejection of\ndeclaration votes by an officer at the preliminary scrutiny.\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Who may dispute election","content":"117 Who may dispute election\nThe following persons are entitled to dispute the validity of the\nelection in relation to a division:\n(a) an elector enrolled for the division;\n(b) a candidate for the division;\n(c) a person whose nomination as a candidate for the division\nwas rejected by the Commission;\n(d) the Commission.\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Making application","content":"118 Making application\n(1) The application must be made to an Associate Judge not later than\n21 days after the day on which the result of the election is notified\nunder section 112.\n(2) The application must:\n(a) be addressed to the Court of Disputed Returns; and\n(b) state the facts relied on to invalidate the election; and\n(c) state the facts with sufficient particularity to identify the\nspecific matter or matters on which the applicant relies as\njustifying the grant of relief; and\n(d) ask for the relief to which the applicant claims to be entitled;\nand\n(e) be signed by the applicant; and\n\nConstitutional Convention (Election) Act 2011 62\n(f) be signed by 2 witnesses whose occupations and addresses\nare specified.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Lodgement of security for costs","content":"119 Lodgement of security for costs\nThe applicant must, when making the application, lodge $500 with\nan Associate Judge as security for costs.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Notice of application","content":"120 Notice of application\nWithin 2 days after making the application, the applicant must give\nwritten notice of the application and a copy of it to:\n(a) the Commission if the Commission is not the applicant; and\n(b) the candidates returned as elected for the division if:\n(i) the application claims a candidate who has not been\nreturned as elected for the division was entitled to be so\nreturned; or\n(ii) the application claims a candidate who has been\nreturned as a reserve delegate for the division was\nentitled to be returned as an ordinary delegate for the\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Parties to proceeding","content":"121 Parties to proceeding\nThe applicant and the persons given notice of the application are\nparties to a proceeding under this Division.\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Reply to application","content":"122 Reply to application\n(1) A person given notice of the application may contest the application\nby:\n(a) filing a reply with an Associate Judge; and\n(b) giving a copy of the reply to the applicant.\n(2) The person must comply with subsection (1) not later than:\n(a) 7 days after the person receives the notice; or\n(b) the further time the Court of Disputed Returns allows.\n(3) The reply must:\n(a) state the facts on which the person proposes to reply; and\n(b) ask for the relief to which the person claims to be entitled; and\n\nConstitutional Convention (Election) Act 2011 63\n(c) be signed by the person; and\n(d) for a reply by a person other than the Commission – be signed\nby 2 witnesses whose occupations and addresses are\nspecified.\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Inquiries by Court","content":"123 Inquiries by Court\n(1) For deciding the application, the Court of Disputed Returns may\ninquire into any of the following:\n(a) the identity of voters;\n(b) whether votes were improperly admitted or rejected;\n(c) whether the result of polling was correctly ascertained.\n(2) However, the Court must:\n(a) not inquire into the correctness of the roll; and\n(b) take the roll to be conclusive evidence that the persons\nenrolled were, at the close of roll, entitled to be enrolled.\n(3) In addition, the qualification of a person enrolled cannot be\nquestioned.\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Certain evidence not admissible","content":"124 Certain evidence not admissible\nThe Court of Disputed Returns must not, in deciding whether the\nactions of an officer affected the result of the election, admit\nevidence of the way in which a person would have voted if the\nperson claims to have been wrongly prevented by the officer from\nvoting at the election.\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Court may have regard to rejected ballot papers","content":"125 Court may have regard to rejected ballot papers\nIn making its decision on the application, the Court of Disputed\nReturns may have regard to ballot papers rejected during the\nconduct of the scrutiny of votes if it is satisfied the ballot papers\nshould not have been rejected.\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Decision on application","content":"126 Decision on application\n(1) In making its decision on the application, the Court of Disputed\nReturns may:\n(a) dismiss the application; or\n(b) uphold the application in whole or part.\n\nConstitutional Convention (Election) Act 2011 64\n(2) For subsection (1), the Court may:\n(a) declare that a candidate who was returned as elected was not\nproperly elected; or\n(b) declare that a candidate who was not returned as elected to\nbe properly elected; or\n(c) declare that a candidate:\n(i) who was elected as an ordinary delegate to be returned\nas a reserve delegate; or\n(ii) who was elected as a reserve delegate to be returned as\nan ordinary delegate; or\n(d) declare the election void in relation to the division.\n(3) The Court must make a declaration under subsection (2)(a) if it\nfinds the candidate returned as elected has, in relation to the\nelection, committed or attempted to commit an offence against\nPart IV, Division 3 of the Criminal Code.\n(4) Without limiting subsection (2)(a) or (d), the Court may make a\ndeclaration under subsection (2)(a) or (d) on the ground that an\nunlawful act was committed in relation to the election.\n(5) However, the Court may make a declaration under\nsubsection (2)(a) or (d) because of an action occurring without an\nelected candidate's knowledge, or because of an offence against\nthis Act committed by an elected candidate, only if it is satisfied:\n(a) the result of the election was likely to have been affected by\nthe action or commission of the offence; and\n(b) it is just that the Court make the declaration.\n(6) To avoid doubt, subsection (5) does not require the Court to be\nsatisfied about the matters mentioned in subsection (5)(a) and (b)\nfor a declaration that the Court is required to make under\nsubsection (3).\n(7) In addition, the Court must not make a declaration under\nsubsection (2)(d):\n(a) merely because of a delay in the declaration of nominations,\nthe polling or the determination of the result of the election; or\n\nConstitutional Convention (Election) Act 2011 65\n(b) on the ground that a person whose name appears on the roll\nfor a division and who voted as an elector for the division was\nnot entitled to be enrolled for the division.\n(8) Subsection (3) does not prevent a prosecution for:\n(a) an offence mentioned in that subsection; or\n(b) an offence against another law in force in the Territory.\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Costs","content":"127 Costs\n(1) The Court of Disputed Returns may, by order, award the costs it\nconsiders appropriate in the proceeding.\n(2) The order must be entered as if it were a judgment of the Supreme\nCourt.\n(3) The costs may be recovered and the order enforced accordingly.\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Application of security for costs","content":"128 Application of security for costs\n(1) The security lodged for the application may be applied only under\nthis section.\n(2) If no order for costs is made or costs are awarded to the person\nwho lodged the security for the application (the payer), an\nAssociate Judge must refund the security to the payer.\n(3) If costs are awarded to a person other than the payer, an Associate\nJudge must:\n(a) apply the security toward the costs of the person to whom they\nare awarded; and\n(b) refund any balance to the payer.\n","sortOrder":132},{"sectionNumber":"129","sectionType":"section","heading":"Reporting of offences","content":"129 Reporting of offences\nIf the Court of Disputed Returns finds a person has committed an\noffence against this Act or Part IV, Division 3 of the Criminal Code,\nan Associate Judge must report the finding to the Attorney-General,\nthe Director of Public Prosecutions and the Minister.\n","sortOrder":133},{"sectionNumber":"130","sectionType":"section","heading":"Application of Division","content":"130 Application of Division\nThis Division applies to the hearing of a proceeding for an\napplication under Division 2.\n\nConstitutional Convention (Election) Act 2011 66\n","sortOrder":134},{"sectionNumber":"131","sectionType":"section","heading":"Hearing procedures","content":"131 Hearing procedures\n(1) The Court of Disputed Returns may adjourn the hearing for the\nperiod it considers appropriate.\n(2) In conducting the hearing, the Court:\n(a) is not bound by the rules of evidence; and\n(b) may inform itself on a matter in a way it considers appropriate;\nand\n(c) may decide the procedures to be followed for the hearing.\n(3) However, the Court must comply with this Division and any rules\nregulating its practice and procedure.\n","sortOrder":135},{"sectionNumber":"132","sectionType":"section","heading":"General powers of Court","content":"132 General powers of Court\n(1) In conducting the hearing, the Court of Disputed Returns may:\n(a) compel the attendance of witnesses or the production of\ndocuments; or\n(b) examine witnesses on oath; or\n(c) receive evidence on affidavit or by statutory declaration.\n(2) In addition, in conducting the hearing of an application, the Court\nmay:\n(a) grant to a party to the proceeding leave to:\n(i) inspect, in the presence of an officer nominated by the\nCourt, the roll and other documents (except ballot\npapers) used for the election to which the application\nrelates; and\n(ii) take, in the presence of the officer, extracts from the roll\nand documents; or\n(b) permit, at any stage of a proceeding and on the terms it\nconsiders appropriate, the amendments to the application or\nother pleadings it considers appropriate.\n","sortOrder":136},{"sectionNumber":"133","sectionType":"section","heading":"Hearing open to public","content":"133 Hearing open to public\nThe hearing must be open to the public.\n\nConstitutional Convention (Election) Act 2011 67\n","sortOrder":137},{"sectionNumber":"134","sectionType":"section","heading":"Representation at hearing","content":"134 Representation at hearing\n(1) A party to the proceeding may not be represented at the hearing by\nan agent or legal practitioner otherwise than:\n(a) with the consent of the other parties; or\n(b) by leave of the Court of Disputed Returns.\n(2) Consent or leave may be given to allow only one agent or legal\npractitioner to appear for a party at the same time.\n","sortOrder":138},{"sectionNumber":"135","sectionType":"section","heading":"Contempt","content":"135 Contempt\nThe Court of Disputed Returns may punish a contempt of its\nauthority as if:\n(a) it were the Supreme Court; and\n(b) the contempt were a contempt of the Supreme Court.\n","sortOrder":139},{"sectionNumber":"136","sectionType":"section","heading":"Decision final","content":"136 Decision final\nDespite any other Act, the decision of the Court of Disputed\nReturns on the hearing:\n(a) is final and conclusive; and\n(b) cannot be challenged, appealed against, reviewed, quashed,\nset aside or called into question in any court or tribunal on any\nground; and\n(c) is not subject to any proceedings for an injunction, declaration\nor order for prohibition or mandamus.\n","sortOrder":140},{"sectionNumber":"137","sectionType":"section","heading":"Rules of Court","content":"137 Rules of Court\nThe Judges of the Supreme Court (other than acting or additional\nJudges under the Supreme Court Act 1979) or a majority of its\nJudges may make rules, not inconsistent with this Act, for any of\n(a) regulating the practice and procedure of the Court of Disputed\nReturns;\n(b) conferring on the Court of Disputed Returns additional powers\nnecessary or convenient for carrying out its functions;\n\nConstitutional Convention (Election) Act 2011 68\n(c) any other provision necessary or convenient for carrying into\neffect this Part relating to the Court of Disputed Returns.\n","sortOrder":141},{"sectionNumber":"138","sectionType":"section","heading":"Interfering with election right or duty","content":"138 Interfering with election right or duty\nA person must not interfere with the free exercise or performance\nby another person of a right or duty under this Act relating to the\nMaximum Penalty: 50 penalty units or imprisonment for\n","sortOrder":142},{"sectionNumber":"139","sectionType":"section","heading":"Making false statements about entitlement to vote","content":"139 Making false statements about entitlement to vote\n(a) the person informs another person that the other person is not\nan elector; and\n(b) the other person is an elector.\n(2) A person commits an offence if:\n(a) the person informs another person that the other person is not\nan elector for a particular division; and\n(b) the other person is an elector for the division.\n","sortOrder":143},{"sectionNumber":"140","sectionType":"section","heading":"Improperly influencing voters","content":"140 Improperly influencing voters\n(1) A person commits an offence if the person, by violence or\nintimidation, interferes with, influences or attempts to influence, the\nvote of another person at the election.\n\nConstitutional Convention (Election) Act 2011 69\n(2) An officer commits an offence if the officer:\n(a) is exercising a power or performing a function under this Act;\nand\n(b) while doing so, engages in conduct with the intention of\ninterfering with, influencing or attempting to influence, the vote\nof another person at the election.\n","sortOrder":144},{"sectionNumber":"141","sectionType":"section","heading":"Secrecy of vote","content":"141 Secrecy of vote\n(a) the person is present when a voter votes; and\n(b) the person:\n(i) ascertains, or discloses by word, act or in another way,\nthe voter's vote; or\n(ii) directly or indirectly requires, induces or attempts to\ninduce the voter to show how the voter intends to vote;\nor\n(iii) communicates with or assists the voter while voting or\nlooks at the voter's ballot paper; or\n(iv) interferes with the voter's casting of a vote.\n(2) Subsection (1) does not apply to the extent to which the person\nacts:\n(a) for the voter in accordance with section 51 or 68; or\n(b) at the voter's request.\n","sortOrder":145},{"sectionNumber":"142","sectionType":"section","heading":"Definitions","content":"142 Definitions\nIn this Subdivision:\ncampaign material, see section 144.\nelectoral matter, see section 143.\n\nConstitutional Convention (Election) Act 2011 70\n","sortOrder":146},{"sectionNumber":"143","sectionType":"section","heading":"Meaning of electoral matter","content":"143 Meaning of electoral matter\n(1) Electoral matter is matter, in printed or electronic form, that is\nintended or likely to affect voting at the election.\n(2) Without limiting subsection (1), a matter is taken to be intended or\nlikely to affect voting at the election if it contains an express or\nimplicit reference to, or comment on:\n(a) the election; or\n(b) an issue submitted to, or otherwise before, the electors at the\n","sortOrder":147},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of campaign material","content":"144 Meaning of campaign material\n(1) Campaign material is an advertisement, document or any other\nthing that is intended to promote the electoral prospect of a\nparticular candidate or group of candidates for the election.\n(2) Without limiting subsection (1), campaign material includes any of\n(a) an electoral advertisement;\n(b) a printed document containing an electoral matter (for\nexample, a handbill, pamphlet or how-to-vote card);\n(c) a message containing an electoral matter that is sent by\ntelephone or otherwise broadcast by electronic means;\n(d) material containing an electoral matter that is published.\n(3) The Commissioner may, in writing, declare a thing mentioned in\nsubsection (1) or (2) is not campaign material.\n(4) The Commissioner may do so only if the Commissioner is satisfied\nthe declaration is warranted having regard to all of the following:\n(a) any information contained in the thing and the way in which\nthe information is presented;\n(b) the person for whom the thing is created;\n(c) the way in which the thing is intended to be used or\ndistributed;\n(d) any other matters as the Commissioner considers appropriate.\n\nConstitutional Convention (Election) Act 2011 71\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Application of Subdivision","content":"145 Application of Subdivision\nThis Subdivision applies to the publication or distribution of\nadvertisements, newspapers, electoral articles and other\ndocuments and things (including campaign material) during the\nelection period.\n","sortOrder":149},{"sectionNumber":"146","sectionType":"section","heading":"Offences relating to campaign material","content":"146 Offences relating to campaign material\n(a) the person publishes or distributes campaign material; and\n(b) any of the following applies:\n(i) the material does not clearly state the name and address\nof the person authorising the publication or distribution;\n(ii) if the material is a printed document – the material does\nnot include the name and address of the printer who\nprinted the document;\n(iii) if the material is intended to be viewed from 2 sides –\nthe information mentioned in subparagraphs (i) and (ii) is\nnot included on both sides.\n(2) Subsection (1) does not apply to the announcement by\nadvertisement in a newspaper of the holding of a meeting.\n(3) A person commits an offence if:\n(a) the person publishes or distributes campaign material; and\n(b) the campaign material:\n(i) is likely to mislead or deceive an elector; or\n(ii) contains an untrue or incorrect statement.\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Offence relating to push-polling","content":"147 Offence relating to push-polling\n(1) A person must, before conducting any push-polling, state clearly\nthe name and address of the person authorising the push-polling:\n(a) for push-polling conducted by a telephone call – to the\nreceiver of the call; or\n\nConstitutional Convention (Election) Act 2011 72\n(b) for push-polling conducted in a meeting with another person –\nto the other person.\n(2) The person authorising the push-polling commits an offence if:\n(a) the person engages in conduct; and\n(b) the conduct results in a contravention of subsection (1).\npush-polling means any activity conducted as part of a telephone\ncall made, or a meeting held, during the election period, that:\n(a) is, or appears to be, a survey (for example, a telephone\nopinion call or telemarketing call); and\n(b) is intended to influence an elector in deciding his or her vote.\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Heading of advertisements","content":"148 Heading of advertisements\n(1) The word \"advertisement\" must be printed as a headline, in letters\nnot smaller than 10 point, to an advertisement published in a\nnewspaper if any payment, reward, compensation or promise is, or\nis to be, made for the publication.\n(2) The proprietor of the newspaper commits an offence if:\n(a) the proprietor engages in conduct; and\n(b) the conduct results in a contravention of subsection (1).\nadvertisement means:\n(a) an article or paragraph containing electoral matter; or\n(b) a report of a speech of a candidate.\n","sortOrder":152},{"sectionNumber":"149","sectionType":"section","heading":"Electoral articles to be signed or state particulars of author","content":"149 Electoral articles to be signed or state particulars of author\n(a) the person distributes a circular, pamphlet or handbill\ncontaining an electoral article; and\n\nConstitutional Convention (Election) Act 2011 73\n(b) either of the following applies:\n(i) the article is not signed by its author;\n(ii) the true name and address of its author is not specified\nat the end of the article.\n(2) Subsection (1) does not apply to a publication of an Agency, or a\nbusiness or visiting card promoting a person's candidacy, unless\nthe publication or card includes a representation of a ballot paper.\n(3) An electoral article published in a newspaper must contain the true\nname and address of its author at the end of the article.\n(4) The proprietor of a newspaper commits an offence if:\n(a) the proprietor engages in conduct; and\n(b) the conduct results in a contravention of subsection (3).\n(5) Subsections (1) and (4) do not apply to the publication in a\nnewspaper of:\n(a) a leading article; or\n(b) an article that:\n(i) consists solely of a report of a meeting; and\n(ii) does not contain any comment (other than comment\nmade by a speaker at the meeting).\n(6) In this section:\naddress, of the author of an electoral article, means:\n(a) if the author is the proprietor of a newspaper or an employee\nof the proprietor of a newspaper – the proprietor's business\naddress; or\n(b) otherwise – the street name (if any) and locality of the author's\nresidence.\nelectoral article means an article, report, letter or other matter, or\npart of an article, report, letter or other matter, commenting on a\ncandidate or the issues being submitted to, or otherwise before, the\nelectors at the election.\n\nConstitutional Convention (Election) Act 2011 74\n","sortOrder":153},{"sectionNumber":"150","sectionType":"section","heading":"Canvassing for votes and other acts near polling place","content":"150 Canvassing for votes and other acts near polling place\n(1) A person commits an offence if the person, during polling hours on\nthe polling day, and within 10 m of the entrance of a polling place:\n(a) canvasses for votes; or\n(b) solicits the vote of a person; or\n(c) induces a person not to vote for a particular candidate; or\n(d) induces a person not to vote at the election; or\n(e) exhibits a notice or sign relating to the election.\n(2) A person commits an offence if the person, during polling hours on\nthe polling day, uses a loud speaker, public address system,\namplifier or other thing to broadcast matter that is:\n(a) audible within 10 m of the entrance of a polling place; and\n(b) intended or likely to do a thing mentioned in subsection (1)(a)\nto (d).\n","sortOrder":154},{"sectionNumber":"151","sectionType":"section","heading":"Badges, emblems etc. at polling places","content":"151 Badges, emblems etc. at polling places\n(1) A person must not, at a polling place, wear or display a badge,\nemblem, poster or other thing associated with a candidate.\n","sortOrder":155},{"sectionNumber":"152","sectionType":"section","heading":"Exhibition of electoral matter at polling places","content":"152 Exhibition of electoral matter at polling places\n(1) A person must not, at a polling place, exhibit a card or paper\ncontaining electoral matter.\n\nSubdivision 3 Offences relating to compulsory voting and entitlement to vote\nConstitutional Convention (Election) Act 2011 75\n","sortOrder":156},{"sectionNumber":"153","sectionType":"section","heading":"Publication of statements regarding candidates","content":"153 Publication of statements regarding candidates\n(a) the person publishes or authorises to be published, on behalf\nof an entity, a statement; and\n(b) the statement:\n(i) expressly or impliedly claims a candidate is associated\nwith, or supports the policy or activities of, the entity; or\n(ii) expressly or impliedly advocates a candidate should be\ngiven the first preference vote at the election.\nMaximum penalty: 100 penalty units or imprisonment for\n(2) Subsection (1) does not apply if the candidate gives written\nauthority to the publication of the statement.\n(3) In a proceeding for an offence against subsection (1), it must be\npresumed, unless the contrary is proved, that a statement\npurported to be made on behalf of an entity was made on behalf of\nthe entity.\nSubdivision 3 Offences relating to compulsory voting and\nentitlement to vote\n","sortOrder":157},{"sectionNumber":"154","sectionType":"section","heading":"Compulsory voting","content":"154 Compulsory voting\n(1) An elector who is at least 18 years of age on the polling day must\nvote at the election.\nMaximum penalty: 1 penalty unit.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a valid and sufficient\nreason for not voting.\n(4) Without limiting subsection (3), an elector is taken to have a valid\nand sufficient reason for not voting if the elector is precluded from\nvoting because of the elector's religious beliefs.\n\nConstitutional Convention (Election) Act 2011 76\n","sortOrder":158},{"sectionNumber":"155","sectionType":"section","heading":"Person may vote only once","content":"155 Person may vote only once\n(1) A person must not vote more than once at the election.\n","sortOrder":159},{"sectionNumber":"156","sectionType":"section","heading":"Offences relating to supplying and obtaining ballot papers","content":"156 Offences relating to supplying and obtaining ballot papers\n(1) A person must not supply a ballot paper unless the person is\nauthorised to do so under this Act.\n(2) A person commits an offence if the person:\n(a) with the intention of obtaining a ballot paper, pretends to be\nsomeone else; and\n(b) is not entitled to obtain the ballot paper.\n","sortOrder":160},{"sectionNumber":"157","sectionType":"section","heading":"Offences relating to marking ballot papers","content":"157 Offences relating to marking ballot papers\n(a) the person marks a ballot paper; and\n(b) the ballot paper was not issued to the person.\n(2) Subsection (1) does not apply to a person acting for a voter under\nsection 51 or 68.\n(3) A person commits an offence if the person:\n(a) is acting for a voter in accordance with section 51 or 68; and\n(b) marks a ballot paper otherwise than in accordance with the\nvoter's instructions.\n\nConstitutional Convention (Election) Act 2011 77\n(4) A person commits an offence if the person:\n(a) is acting for a voter in accordance with section 51 or 68; and\n(b) causes an officer to mark a ballot paper otherwise than in\naccordance with the voter's instructions.\n","sortOrder":161},{"sectionNumber":"158","sectionType":"section","heading":"Other offences relating to ballot papers and ballot boxes","content":"158 Other offences relating to ballot papers and ballot boxes\n(1) A person must not, with the intention of deceiving another person,\nplace a ballot paper or other paper in a ballot box.\n(2) A person must not, with the intention of deceiving another person,\ntake a ballot paper out of a polling place or scrutiny centre.\n(3) A person must not, with the intention of deceiving another person,\ndestroy, take or interfere with a ballot paper or ballot box.\n(4) A person commits an offence if the person:\n(a) opens a ballot box; and\n(b) is not an officer acting under this Act.\n","sortOrder":162},{"sectionNumber":"159","sectionType":"section","heading":"Offences relating to postal ballot papers","content":"159 Offences relating to postal ballot papers\n(a) engages in conduct that is unlawful; and\n\nConstitutional Convention (Election) Act 2011 78\n(b) in engaging in the conduct, intends to induce or persuade\nanother person to apply for a postal ballot paper.\n(2) A person commits an offence if the person:\n(a) is not an authorised officer for a division for which a postal\nballot paper has been issued; and\n(b) opens a declaration envelope in which the postal ballot paper\nhas been placed under section 51(4) or (5).\n(3) A person commits an offence if the person:\n(a) receives or takes possession of a postal ballot paper; and\n(b) does so otherwise than in accordance with this Act.\n","sortOrder":163},{"sectionNumber":"160","sectionType":"section","heading":"Opening envelopes containing declaration votes","content":"160 Opening envelopes containing declaration votes\n(a) opens an envelope that appears to contain a completed\ndeclaration ballot paper; and\n(b) is not authorised to do so under this Act.\n","sortOrder":164},{"sectionNumber":"161","sectionType":"section","heading":"Misleading statements","content":"161 Misleading statements\n(a) the person gives an electoral paper to another person; and\n(b) the electoral paper contains a statement made by the person;\nand\n(c) the statement contains misleading information; and\n\nConstitutional Convention (Election) Act 2011 79\n(d) the person knows the statement contains misleading\ninformation.\n(2) Subsection (1) does not apply if the person, when giving the\nelectoral paper:\n(a) draws the misleading aspect of the statement to the attention\nof the other person; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to remedy the\nmisleading aspect of the statement.\n","sortOrder":165},{"sectionNumber":"162","sectionType":"section","heading":"Defacement etc. of electoral papers","content":"162 Defacement etc. of electoral papers\n(1) A person must not deface, remove, mutilate or destroy an electoral\npaper.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n","sortOrder":166},{"sectionNumber":"163","sectionType":"section","heading":"Signatures","content":"163 Signatures\n(a) is required by this Act to sign an electoral paper; and\n(b) does not sign it with his or her personal signature.\nMaximum penalty: 10 penalty units.\n(3) For subsection (1), if a person is unable to sign his or her name, the\nperson is taken to have signed an electoral paper if the person\nmakes a mark on the paper by way of a signature.\n","sortOrder":167},{"sectionNumber":"164","sectionType":"section","heading":"Duty of witnesses","content":"164 Duty of witnesses\n(1) This section applies to a person who signs an electoral paper as a\nwitness (the witness) for another person.\n\nConstitutional Convention (Election) Act 2011 80\n(2) The witness commits an offence if:\n(a) the witness signs the electoral paper for the other person; and\n(b) the witness:\n(i) fails to take reasonable steps to satisfy himself or herself\nof the identity of the other person; or\n(ii) fails to see the other person sign the electoral paper.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) The witness commits an offence if the witness:\n(a) signs the electoral paper for the other person; and\n(b) knows the other person has made a misleading statement in\nthe electoral paper.\n","sortOrder":168},{"sectionNumber":"165","sectionType":"section","heading":"Sending completed electoral papers","content":"165 Sending completed electoral papers\n(a) accepts an electoral paper for sending it to the Commission;\nand\n(b) does not immediately post or deliver it to the Commission.\nMaximum penalty: 10 penalty units.\n","sortOrder":169},{"sectionNumber":"166","sectionType":"section","heading":"Influencing Commission, Commissioner or officers","content":"166 Influencing Commission, Commissioner or officers\n(a) engages in conduct that is not authorised or permitted by this\nAct or another law in force in the Territory; and\n(b) does so with the intention of influencing the Commission, the\nCommissioner or an officer in exercising a power or\nperforming a function under this Act.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n\nConstitutional Convention (Election) Act 2011 81\n","sortOrder":170},{"sectionNumber":"167","sectionType":"section","heading":"Identification of voters and votes","content":"167 Identification of voters and votes\n(1) An officer commits an offence if:\n(a) the officer makes a mark on a ballot paper; and\n(b) the mark would enable the identification, directly or indirectly,\nof the person who votes on the ballot paper.\n(2) An officer or scrutineer commits an offence if:\n(a) the officer or scrutineer, directly or indirectly, discloses any\ninformation acquired in the exercise of a power or\nperformance of a function under this Act; and\n(b) the disclosure would enable it to be known how an identified\nvoter has voted.\n(3) In subsection (2):\nofficer includes a person who has been, but is no longer, an officer.\nscrutineer includes a person who has been, but is no longer, a\nscrutineer.\n","sortOrder":171},{"sectionNumber":"168","sectionType":"section","heading":"Responses to official questions","content":"168 Responses to official questions\n(a) in answer to a question asked by an officer at a polling place\nduring the polling hours, makes a statement that contains\nmisleading information; and\n(b) knows the statement contains misleading information.\n","sortOrder":172},{"sectionNumber":"169","sectionType":"section","heading":"Control of behaviour at polling places and scrutiny centres","content":"169 Control of behaviour at polling places and scrutiny centres\n(a) enters or remains at a polling place or scrutiny centre; and\n\nConstitutional Convention (Election) Act 2011 82\n(b) does not have the express or implied permission of the officer\nin charge of the place or centre to do so.\n(3) Subsection (1) does not apply to:\n(a) an officer; or\n(b) a scrutineer (other than a scrutineer who is, under\nsection 32(6), no longer entitled to be at the polling place or\nscrutiny centre); or\n(c) for a polling place – a person voting or about to vote.\n(4) A person must not disrupt an activity being carried out under this\nAct at a polling place or scrutiny centre.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(7) If an authorised officer at a polling place or scrutiny centre\nreasonably believes a person's conduct is likely to disrupt an\nactivity being carried out under this Act at the place or centre, the\nofficer may direct the person to leave and stay away from the place\nor centre.\n(8) The person must comply with the direction.\n(9) An offence against subsection (8) is an offence of strict liability.\n(10) It is a defence to a prosecution for an offence against\nsubsection (8) if the defendant establishes a reasonable excuse.\n(11) A person who does not comply with the direction may be removed\nfrom the polling place or scrutiny centre by a police officer.\n(12) A scrutineer must not communicate with any person at a polling\nplace except for performing the scrutineer's functions.\n\nConstitutional Convention (Election) Act 2011 83\n(13) A scrutineer must not, by violence or intimidation, interfere with,\ninfluence or attempt to influence, a voter at a polling place.\n","sortOrder":173},{"sectionNumber":"170","sectionType":"section","heading":"Evidentiary provisions","content":"170 Evidentiary provisions\n(1) This section applies to a legal proceeding under this Act.\n(2) A signature purporting to be the signature of the Commissioner is\nevidence of the signature it purports to be.\n(3) A certificate purporting to be signed by the Commissioner stating\nany of the following matters is evidence of the matter:\n(a) on a day a person was or was not enrolled for a division;\n(b) a document is a copy of a notice given under this Act;\n(c) on a day a person was given a notice under this Act;\n(d) a person was or was not declared to be a candidate;\n(e) a nomination of a person to be a candidate for the election\nwas rejected;\n(f) the election was properly held;\n(g) a person was or was not given a ballot paper for the election;\n(h) a person voted or failed to vote at the election;\n(i) on a day a person was or was not an authorised officer or\nofficer;\n(j) on a day a person was or was not a delegate of the\nCommission or Commissioner;\n(k) a matter prescribed by regulation.\n(4) In subsection (3), a reference to a person or thing is a reference to\na person or thing specified in the certificate.\n\nConstitutional Convention (Election) Act 2011 84\n","sortOrder":174},{"sectionNumber":"171","sectionType":"section","heading":"Time limit for starting prosecutions","content":"171 Time limit for starting prosecutions\nDespite section 52 of the Local Court (Criminal Procedure)\nAct 1928, a prosecution for an offence against this Act may be\nstarted at any time within 12 months after the commission of the\noffence.\n","sortOrder":175},{"sectionNumber":"172","sectionType":"section","heading":"Definition","content":"172 Definition\nIn this Division:\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":176},{"sectionNumber":"173","sectionType":"section","heading":"Liability of representative","content":"173 Liability of representative\n(1) It is not a defence to a prosecution for an offence against a\nprovision of this Act that the defendant was, at the time of the\ncommission of the offence, another person's representative.\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) acting as the other person's representative under the direct or\nindirect supervision of the other person.\n","sortOrder":177},{"sectionNumber":"174","sectionType":"section","heading":"Conduct of representative","content":"174 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nNote for subsection (1)\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n\nConstitutional Convention (Election) Act 2011 85\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n\nConstitutional Convention (Election) Act 2011 86\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":178},{"sectionNumber":"175","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"175 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening the\nprovisions in section 146(1) or (3), 147(2), 148(2), 149(1) or\n(4) or 153(1) (a relevant offence); and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention; and\n(d) the officer was reckless about whether the contravention\nwould happen.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe contravened provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nConstitutional Convention (Election) Act 2011 87\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":179},{"sectionNumber":"176","sectionType":"section","heading":"Criminal liability of managers of unincorporated associations","content":"176 Criminal liability of managers of unincorporated associations\n(1) If a person (the offender) who is concerned with, or takes part, in\nthe management of an unincorporated association commits an\noffence against a provision of this Act in the course of the activities\nof the association, each other person who is concerned with, or\ntakes part in, the management of the unincorporated association is:\n(a) taken to have committed the offence; and\n(b) liable to the same penalty for the offence as an individual.\n(2) Subsection (1) does not apply if:\n(a) the other person was not in a position to influence the conduct\nof the offender; or\n(b) the other person, being in a position to influence the conduct\nof the offender, took reasonable steps and exercised due\ndiligence to prevent the conduct.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(3) This section does not affect the liability of the offender.\n(4) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(5) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n\nConstitutional Convention (Election) Act 2011 88\n","sortOrder":180},{"sectionNumber":"177","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"177 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against\nsection 154(1).\n(2) The prescribed amount for an infringement notice offence is $50.\n","sortOrder":181},{"sectionNumber":"178","sectionType":"section","heading":"When infringement notice may be given","content":"178 When infringement notice may be given\nIf the Commission reasonably believes a person has committed an\ninfringement notice offence, the Commission may give a notice (an\ninfringement notice) to the person within 3 months after the result\nof the election is notified under section 112.\n","sortOrder":182},{"sectionNumber":"179","sectionType":"section","heading":"Contents of infringement notice","content":"179 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n\nConstitutional Convention (Election) Act 2011 89\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subsection (2)(b).\n","sortOrder":183},{"sectionNumber":"180","sectionType":"section","heading":"Payment by cheque","content":"180 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n","sortOrder":184},{"sectionNumber":"181","sectionType":"section","heading":"Withdrawal of infringement notice","content":"181 Withdrawal of infringement notice\n(1) The Commission may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":185},{"sectionNumber":"182","sectionType":"section","heading":"Application of Division","content":"182 Application of Division\n(1) This Division does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Division does not:\n(a) require an infringement notice to be given; or\n\nConstitutional Convention (Election) Act 2011 90\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n","sortOrder":186},{"sectionNumber":"183","sectionType":"section","heading":"Vacant positions of delegates","content":"183 Vacant positions of delegates\n(1) This section applies if one or more positions of delegates are left\nvacant for a division (whether or not the Constitutional Convention\nhas already started) in any of the following circumstances:\n(a) no candidate is, or less than 3 candidates are, returned as\nelected for the division;\n(b) a delegate for the division dies or is otherwise unable to take\nup or continue to hold the position of delegate.\n(2) The holding of the Constitutional Convention and any decision\nmade at the Convention are unaffected by a circumstance in which\nthis section applies.\n(3) In addition, this Act does not prevent the Minister from doing one or\nmore of the following:\n(a) appointing a person to fill a vacant position;\n(b) making other arrangements to fill a vacant position;\n(c) appointing a person elected as the reserve delegate for the\ndivision to be an ordinary delegate for the division.\n(4) Without limiting subsection (3), an arrangement mentioned in\nsubsection (3)(b) includes an arrangement:\n(a) made after the Minister has consulted the Commission; or\n(b) with reference to the votes of, or obtained by, a candidate\nduring the election.\n\nConstitutional Convention (Election) Act 2011 91\n","sortOrder":187},{"sectionNumber":"184","sectionType":"section","heading":"Minister may request information from Commission","content":"184 Minister may request information from Commission\n(1) The Minister may, for administrative purposes relating to holding\nthe Constitutional Convention, request the Commission to provide\nspecified officers in a specified Agency with specified information:\n(a) held by the Commission; and\n(b) relating to how a particular delegate may be contacted.\n(2) The Commission must comply with the request.\n","sortOrder":188},{"sectionNumber":"185","sectionType":"section","heading":"Officers","content":"185 Officers\n(1) The Commission may appoint a person to be an officer for this Act.\n(2) Without limiting subsection (1), the Commission may appoint an\nofficer as:\n(a) the officer in charge of a polling place; or\n(b) the officer in charge of a scrutiny centre; or\n(c) an officer for a polling place or scrutiny centre.\n(3) However, a person who is under 18 years must not be appointed as\nan officer.\n(4) In addition, a candidate or a spouse or de facto partner of a\ncandidate must not be appointed as an officer.\n","sortOrder":189},{"sectionNumber":"186","sectionType":"section","heading":"Commissioner's power to approve electronic or other","content":"186 Commissioner's power to approve electronic or other\nautomated system\n(1) The Commissioner may, in writing, approve the use of a specified\nelectronic or other automated system (the approved system) for\nspecified purposes relating to one or more of the following for the\nelection:\n(a) issuing and returning of ballot papers (including, for example,\nthe confirmation and recording of the issuing of ballot papers);\n(b) counting and scrutiny of votes and filling of vacancies;\n(c) voting by a specified group of electors;\n(d) assisting electors who have a physical or other disability,\nillness, advanced pregnancy or another condition.\n\nConstitutional Convention (Election) Act 2011 92\n(2) The Commissioner must not give the approval unless the\nCommissioner is satisfied:\n(a) the secrecy of the ballot will, as far as practicable, be\nmaintained by the approved system; and\n(b) the approval is warranted having regard to the practicality of\nthe approved system and resources required to establish and\nmaintain it; and\n(c) the approval is consistent with the Commissioner's functions\nunder this Act; and\n(d) the approved system would be supported by secure facilities;\nand\n(e) if subsection (1)(c) applies – there are exceptional\ncircumstances relating to the specified group of electors.\n(3) The Commissioner must give public notice about the approved\nsystem as soon as practicable after giving the approval.\n(4) If the approval specifies that a thing covered by subsection (1)(a)\nto (d) may be done in accordance with the approved system instead\nof a specified requirement under this Act, a thing done in\naccordance with the approval has effect as if that requirement had\nbeen met.\n(5) However, if the approval relates to the counting or scrutiny of votes\nor filling of vacancies, the approved system must be consistent with\nthe provisions in the Schedule.\n","sortOrder":190},{"sectionNumber":"187","sectionType":"section","heading":"Approved form","content":"187 Approved form\n(1) The Commissioner may approve forms for this Act.\n(2) An approved form may be in the form of a statutory declaration.\n","sortOrder":191},{"sectionNumber":"188","sectionType":"section","heading":"Delegation – Commission","content":"188 Delegation – Commission\n(1) The Commission may, in writing, delegate to a person any of its\npowers or functions under this Act.\n(2) However, the Commission may delegate a power or function only to\na person the Commission is satisfied has the appropriate\nqualifications or experience to exercise the power or perform the\nfunction.\n\nConstitutional Convention (Election) Act 2011 93\n","sortOrder":192},{"sectionNumber":"189","sectionType":"section","heading":"Delegation – Commissioner","content":"189 Delegation – Commissioner\n(1) The Commissioner may, in writing, delegate to a person any of the\nCommissioner's powers or functions under this Act.\n(2) However, the Commissioner may delegate a power or function only\nto a person the Commissioner is satisfied has the appropriate\nqualifications or experience to exercise the power or perform the\nfunction.\n","sortOrder":193},{"sectionNumber":"190","sectionType":"section","heading":"Register of electors precluded from voting because of","content":"190 Register of electors precluded from voting because of\nreligious beliefs\nThe Commission must keep a register of electors who give the\nCommission a statutory declaration stating the elector is precluded\nfrom voting because of the elector's religious beliefs.\nNote for section 190\nSee sections 44(2)(b) and 154(4).\n","sortOrder":194},{"sectionNumber":"191","sectionType":"section","heading":"Storage and destruction of electoral papers","content":"191 Storage and destruction of electoral papers\n(1) The Commission must securely store electoral papers in its\npossession that were used for the election until they are no longer\nrequired for exercising a power or performing a function under this\nAct.\n(2) The Commission may destroy the electoral papers only after they\nare no longer so required.\n","sortOrder":195},{"sectionNumber":"192","sectionType":"section","heading":"Public notice","content":"192 Public notice\n(1) If a provision of this Act requires public notice to be given by the\nCommission or Commissioner about a matter, notice about the\nmatter must be published in a newspaper circulating:\n(a) generally throughout the Territory; or\n(b) if the provision requires the notice to be given in, or the matter\nrelates only to, a particular division – in the division.\n(2) This section does not prevent the Commission or Commissioner\nfrom giving notice about the matter in another way (including for\nexample, by radio or television broadcast).\n(3) However, if under a provision of this Act, a specified period after\npublication of a notice is required or allowed for a matter, the period\nstarts on the date the notice is first published under subsection (1).\n\nConstitutional Convention (Election) Act 2011 94\n","sortOrder":196},{"sectionNumber":"193","sectionType":"section","heading":"Disclosure of particular information","content":"193 Disclosure of particular information\n(1) This section applies to a person who is or has been:\n(a) the Commissioner; or\n(b) an officer; or\n(c) a member of the Commission's staff, or a consultant of the\nCommission, mentioned in section 328 of the Electoral\n(2) The person must not directly or indirectly do any of the following:\n(a) make a record of, or communicate to another person,\ninformation acquired by the person because of the person's\ninvolvement in the administration of this Act;\n(b) give another person, or permit another person to have access\nto, any of the following:\n(i) the roll or a copy of it;\n(ii) the extract or a copy of it;\n(iii) a certified list of voters or a copy of it;\n(iv) information contained in any of the documents\nmentioned in subparagraphs (i) to (iii) or another\ndocument given to the person for the administration of\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Subsection (2) does not apply:\n(a) to the extent to which it is necessary for the person to do the\nthing mentioned in that subsection for this or another Act; or\n(b) if the person is authorised or required by law to do the thing.\n","sortOrder":197},{"sectionNumber":"194","sectionType":"section","heading":"Protection from liability","content":"194 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as:\n(a) the Commissioner; or\n(b) an officer; or\n\nConstitutional Convention (Election) Act 2011 95\n(c) a member of the Commission's staff, or a consultant of the\nCommission, mentioned in section 328 of the Electoral\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":198},{"sectionNumber":"195","sectionType":"section","heading":"Regulations","content":"195 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may provide for the exclusion from the extract of\nspecified information about an elector who is less than 18 years of\nage on the polling day.\n(3) If a periodic general election is to be held under the Local\nGovernment Act 2019 on the polling day and the Commissioner is\nto be the returning officer for that election, the regulations may\nprovide for any of the following:\n(a) additional provisions to facilitate the holding of the election\nunder this Act and the periodic general election on that day;\n(b) modifications of specified provisions in Part 3 or 4 (but not the\nSchedule) to facilitate the holding of both elections on that\nday;\n(c) a matter arising because of the holding of both elections on\nthat day.\n\nConstitutional Convention (Election) Act 2011 96\nsection 108\n1 Definitions\nIn this Schedule:\ncontinuing candidate means a candidate not already elected or\nexcluded from a count under this Schedule.\nelected, in relation to a candidate, means the candidate is to be\nelected as determined under this Schedule.\nexcluded candidate means a candidate who is excluded under\nclause 8 or 10.\nquota means the quota worked out under clause 5(1)(c).\nsurplus, of an elected candidate, see clause 6(1).\ntransfer value:\n(a) for a transfer of the surplus of an elected candidate – see\nclause 6(1)(a) (including that clause as affected by clause 7);\nor\n(b) for a transfer of the votes of an excluded candidate – means\nthe transfer value mentioned in clause 8(3) or (5).\n2 Interpretation – references to votes for a candidate\nA reference to votes of, or obtained or received by, a candidate\nincludes votes obtained or received by the candidate on any\ntransfer under this Schedule.\n3 Interpretation – what constitutes a separate transfer\nFor this Schedule, each of the following constitutes a separate\ntransfer:\n(a) a transfer under clause 6 or 9(2) of the surplus of any elected\ncandidate;\n(b) a transfer under clause 8(3) of all first preference votes of an\nexcluded candidate;\n(c) a transfer under clause 8(5) of all the votes of an excluded\ncandidate that were transferred from another candidate.\n\nConstitutional Convention (Election) Act 2011 97\n4 Roles of authorised officer, other officers and scrutineers\nThe counting of votes for a division must be conducted by an\nauthorised officer with the assistance of any other officers, and in\nthe presence of any scrutineers, under this Schedule.\n5 Determination of quota and election of candidate on first\npreference votes\n(1) The authorised officer must:\n(a) ascertain the number of first preference votes given to each\ncandidate in the division; and\n(b) ascertain the total number of first preference votes given in the\n(c) determine the quota for the division, which is worked out as\nfollows:\n(i) work out the amount that is equal to 25% of the total\nnumber of first preference votes given in the division\n(disregarding any fraction);\n(ii) add 1 to that amount.\n(2) Any candidate who has received a number of first preference votes\nequal to or greater than the quota is elected.\n6 Transfer of surplus from elected candidates\n(1) Unless all the vacancies for the division have been filled, the\nnumber (if any) of votes in excess of the quota (the surplus) of\neach elected candidate must be transferred to the continuing\ncandidates as follows:\n(a) the surplus must be divided by the number of first preference\nvotes received by the elected candidate (the resulting fraction\nis the transfer value);\n(b) the total number of ballot papers of the elected candidate that\nboth express the first preference vote for that candidate and\nthe next available preference for a particular continuing\ncandidate must be multiplied by the transfer value;\n\nConstitutional Convention (Election) Act 2011 98\n(c) the number so obtained (disregarding any fraction) must be\nadded to the number of first preference votes of the continuing\ncandidate and all those ballot papers must be transferred to\nthe continuing candidate.\nNote for subclause (1)\nBecause of clause 7, the transfer value for an elected candidate's surplus is\neffectively worked out by dividing the surplus by the total number of ballot papers\nreceived by the elected candidate, including those expressing votes that are\ntaken to be first preference votes for the elected candidate under clause 7(a).\n(2) Any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of any transfer\nunder subclause (1) is elected.\n(3) Unless all the vacancies for the division have been filled:\n(a) the surplus (if any) of any candidate elected under\nsubclause (2), or elected subsequently under this subclause,\nmust be transferred to the continuing candidates in\naccordance with subclause (1); and\n(b) any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of any\nsuch transfer is elected.\nNote for subclause (3)\nSee clause 7.\n(4) If a continuing candidate has received a number of votes equal to\nor greater than the quota on the completion of a transfer of the\nsurplus of a particular elected candidate because of subclause (1)\nor (3), no votes of any other candidate are to be transferred to the\ncontinuing candidate.\n7 How to deal with ballot papers on transfer of surplus\nFor applying clause 6(1) to a transfer of the surplus of an elected\ncandidate because of clause 6(3)(a) or 9(2), each ballot paper of\nthe elected candidate that was obtained on a transfer under this\nSchedule must be dealt with as if:\n(a) any vote it expressed for the elected candidate were a first\npreference vote; and\n(b) any other candidate previously elected or excluded had not\nbeen a candidate; and\n(c) the subsequent preferences of the voter had been altered\naccordingly.\n\nConstitutional Convention (Election) Act 2011 99\n8 Transfer of ballot papers on exclusion of candidate\n(1) This clause applies if no candidate has, or less than 3 candidates\nhave, received a number of votes equal to or greater than the quota\nafter:\n(a) the counting of first preference votes; or\n(b) the election of a candidate and the transfer of the surplus (if\nany) of the elected candidate that are capable of being\ntransferred.\n(2) If this clause applies:\n(a) the candidate who has the fewest votes must be excluded;\nand\n(b) the excluded candidate's votes and ballot papers must be\ntransferred to the continuing candidates as provided in\nsubclauses (3) to (5).\n(3) The total number of first preference votes for the excluded\ncandidate contained in ballot papers that express the next available\npreference for a particular continuing candidate must be transferred\n(each first preference vote at a transfer value of one) to the\ncontinuing candidate.\n(4) The transferred votes must be added to the number of votes of the\ncontinuing candidate and all the ballot papers containing those\nvotes must be transferred to the continuing candidate.\n(5) The total number (if any) of other votes obtained by the excluded\ncandidate on transfers under this Schedule must be transferred\nfrom the excluded candidate in the order of the transfers on which\nthey were obtained (the votes obtained on the earliest transfer\nbeing transferred first) as follows:\n(a) the total number of ballot papers of the excluded candidate\nreceived from a particular candidate that express the next\navailable preference for a particular continuing candidate must\nbe multiplied by the transfer value at which the votes\ncontained in those papers were transferred to the excluded\ncandidate;\n(b) the number so obtained (disregarding any fraction) must be\nadded to the number of votes of the continuing candidate;\n(c) all those ballot papers must be transferred to the continuing\ncandidate.\n\nConstitutional Convention (Election) Act 2011 100\n9 Election of candidate on transfer of excluded candidate's votes\nand transfer of surplus of elected candidate\n(1) Any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of a transfer\nunder clause 8 of votes of an excluded candidate is elected.\n(2) Unless all the vacancies for the division have been filled, the\nsurplus (if any) of the candidate so elected must be transferred in\naccordance with clause 6.\nNote for subclause (2)\nSee clause 7.\n(3) However, if the candidate so elected is elected before all the votes\nof the excluded candidate have been transferred, the surplus (if\nany) of the candidate so elected must not be transferred until the\nremaining votes of the excluded candidate have been transferred\nas provided in clause 8(3) to (5) to continuing candidates.\n10 Further exclusion of candidate\n(1) If after the exclusion of a candidate and the transfer of the votes (if\nany) of the excluded candidate that are capable of being\ntransferred, no continuing candidate has received a number of\nvotes greater than the quota:\n(a) the continuing candidate who has the fewest votes must be\nexcluded; and\n(b) that continuing candidate's votes and ballot papers must be\ntransferred as provided in clause 8(3) to (5).\n(2) Subclause (1) has effect subject to clause 12.\n11 No further transfer of votes\n(1) This clause applies if a candidate is elected as a result of:\n(a) a transfer of the first preference votes of an excluded\ncandidate; or\n(b) a transfer of all the votes of an excluded candidate that were\ntransferred to the excluded candidate from a particular\ncandidate.\n(2) No other votes of the excluded candidate may be transferred to the\ncandidate so elected.\n\nConstitutional Convention (Election) Act 2011 101\n12 Election of candidate out of 2 continuing candidates\n(1) For the last vacancy for which 2 continuing candidates remain, the\ncontinuing candidate who has the larger number of votes is elected\neven if that number is below the quota.\n(2) If those candidates have the same number of votes, the candidate\nwith the larger number of votes at the last preceding count or\ntransfer is taken to be elected.\n(3) If the number of votes at that count or transfer was equal, the\nbe present, draw lots to determine which of the candidates is to be\nelected.\n13 Election of candidates if number of vacancies equal to number\nof continuing candidates\nDespite any other provision in this Schedule, if on the completion of\na transfer of votes under this Schedule the number of continuing\ncandidates is equal to the number of remaining unfilled vacancies,\nthose continuing candidates are elected.\n14 Order of election\n(1) For this Schedule, the order of election of candidates must be:\n(a) in accordance with the order of the count or transfer as a\nresult of which they were elected; and\n(b) on the basis that the candidates (if any) elected on the count\nof first preference votes are to be the earliest elected.\n(2) If 2 or more candidates are elected as a result of the same count or\ntransfer, the order in which they will be taken to have been elected\nmust be:\n(a) in accordance with the relative numbers of their votes; and\n(b) on the basis that the candidate with the largest number of\nvotes is to be the earliest elected.\n(3) However, if 2 or more of those candidates each has the same\nnumber of votes, the order in which they are taken to have been\nelected must be:\n(a) in accordance with the relative numbers of their votes at the\nlast count or transfer before their election at which each of\nthem had a different number of votes; and\n\nConstitutional Convention (Election) Act 2011 102\n(b) on the basis that the candidate with the largest number of\nvotes at that count or transfer is to be the earliest elected.\n(4) Furthermore, if there has been no such count or transfer, the\nbe present, draw lots to determine the order in which the\ncandidates are taken to have been elected.\n(5) Of the 3 delegates elected for each division:\n(a) the delegate who is last elected is elected as the reserve\ndelegate for the division; and\n(b) the other 2 delegates are elected as ordinary delegates for the\n","sortOrder":199},{"sectionNumber":"15","sectionType":"section","heading":"Order of transfer","content":"15 Order of transfer\n(1) Subject to subclauses (2) to (4), if after any count or transfer under\nthis Schedule, 2 or more candidates each has a surplus, the order\nof any transfers of those surpluses must be:\n(a) in accordance with the relative sizes of the surpluses; and\n(b) on the basis that the surplus of the candidate having the\nlargest surplus is to be transferred first.\n(2) Subject to subclause (4), if after any count or transfer under this\nSchedule, 2 or more candidates have equal surpluses, the order of\nany transfers of those surpluses must be:\n(a) in accordance with the relative numbers of votes of those\ncandidates at the last count or transfer at which each of those\ncandidates had a different number of votes; and\n(b) on the basis that the surplus of the candidate with the largest\nnumber of votes at that count or transfer is to be transferred\nfirst.\n(3) However, if there has been no such count or transfer, an authorised\nofficer must, in the presence of any scrutineers who may be\npresent, draw lots to determine the order in which the surpluses are\nto be dealt with.\n(4) If a candidate obtains a surplus after any count or transfer under\nthis Schedule, the surplus must not be transferred before the\ntransfer of any surplus obtained by any other candidate on an\nearlier count or transfer.\n\nConstitutional Convention (Election) Act 2011 103\n16 Order of exclusion\n(1) If the candidate who has the fewest votes is required to be\nexcluded and there are 2 or more candidates each having the\nfewest votes, whichever of those candidates had the fewest votes\nat the last count or transfer at which each of those candidates had a\ndifferent number of votes will be excluded.\n(2) However, if there has been no such count or transfer, the\nbe present, draw lots to determine which candidate will be\nexcluded.\n17 Setting aside of ballot papers\n(1) If the total number of votes of an elected candidate is equal to the\nquota, the ballot papers expressing those votes must be set aside\nas finally dealt with.\n(2) For subclause (1), the ballot papers include:\n(a) ballot papers expressing first preference votes received by the\ncandidate; and\n(b) ballot papers obtained by the candidate on transfers under this\nSchedule.\n18 Death of candidate\nIf a candidate dies before the end of the polling day:\n(a) a vote indicated on a ballot paper opposite the name of the\ncandidate must be counted to the candidate next in the order\nof the voter's preference; and\n(b) the numbers indicating subsequent preferences are taken to\nhave been altered accordingly.\nNote for clause 18\nSee section 109.\n\nConstitutional Convention (Election) Act 2011 104\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConstitutional Convention (Election) Act 2011 (Act No. 41, 2011)\nAssent date 21 December 2011\nCommenced 21 December 2011\nConstitutional Convention (Election) Amendment Act 2013 (Act No. 38, 2013)\nAssent date 19 December 2013\nCommenced 19 December 2013\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\n\nConstitutional Convention (Election) Act 2011 105\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 15, 17, 18, 22, 28, 30,\n137, 171, 179, 193, 194, 195, 196, 198, 199, 200 and 201.\n4 LIST OF AMENDMENTS\ns 3 amd No. 38, 2013, s 3\ns 28 amd No. 39, 2019, s 370\ns 30 amd No. 29, 2019, s 344\ns 44 amd No. 27, 2014, s 57\nss 118 – 119 amd No. 18, 2017, s 36\ns 122 amd No. 18, 2017, s 36\nss 128 – 129 amd No. 18, 2017, s 36\ns 171 amd No. 8, 2016, s 45\ns 195 amd No. 39, 2019, s 370\npt 8 hdg rep No. 4, 2023, s 11\npt 8\ndiv 1 hdg rep No. 4, 2023, s 11\nss 196 – 197 rep No. 4, 2023, s 11\npt 8\ndiv 2 hdg rep No. 4, 2023, s 11\nss 198 – 199 rep No. 4, 2023, s 11\npt 8\ndiv 3 hdg rep No. 4, 2023, s 11\nss 200 – 201 rep No. 4, 2023, s 11\npt 9 hdg rep No. 38, 2013, s 4\ns 202 rep No. 38, 2013, s 4","sortOrder":200}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":579},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose: providing for the election of delegates to a Constitutional Convention. While comprehensive in its election machinery, this scope is appropriate given the significance of the constitutional questions being addressed. No evidence of significant scope creep beyond the original intent."},"complexity_factors":["195 sections plus a detailed Schedule with 18 clauses for vote counting","47 defined terms in the interpretation section (section 3)","Extensive cross-referencing to Commonwealth Electoral Act 1918 and NT Electoral Act 2004","Multiple nested subdivisions (up to 4 levels: Part/Division/Subdivision/section)","Complex preferential counting system with quotas, transfer values, and surplus distribution (Schedule)","Conditional logic throughout: exceptions to exceptions (e.g., postal voting eligibility with 7 separate grounds plus religious exemption)","Parallel voting streams (ordinary, declaration, postal, early, mobile) each with distinct procedures","Criminal liability provisions extending to corporate officers and unincorporated association managers"],"plain_english_summary":"This law creates the electoral framework for choosing delegates to a Northern Territory Constitutional Convention—how Territorians elect delegates who would debate and potentially recommend changes to the Territory’s constitutional status. It sets preferential voting, compulsory participation, and various voting methods, and is administered by the Northern Territory Electoral Commission.\n\nIt affects eligible NT voters (including 16–17 year‑olds on the Commonwealth roll), candidates, and communities engaged in any future move toward statehood or other constitutional change."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been amended several times since enactment, altering definitions, administrative and court procedures and certain voting provisions. Amendments listed in the endnotes include: Constitutional Convention (Election) Amendment Act 2013 (s3); Correctional Services (Related and Consequential Amendments) Act 2014 (s44); Local Court (Related Amendments) Act 2016 (s171); Supreme Court Amendment (Associate Judges) Act 2017 (ss118–119, 122, 128–129); Liquor Act 2019 (s30) and Local Government Act 2019 (s28, s195); and Statute Law Revision Act 2023 which repealed specified Parts and sections (see Endnotes, \"List of Amendments\"). These changes modified eligibility, administrative powers, interfacing with other elections and regulatory provisions, and removed or consolidated some earlier material."},"complexity_factors":["Comprehensive procedural detail across nomination, multiple voting methods (ordinary, declaration, postal, early, mobile) and scrutiny (Parts 3–4; Schedule).","Detailed counting algorithm (single transferable/quota rules) and ordered transfers in the Schedule (clauses 5–16).","Wide range of criminal and strict‑liability offences with varied penalties (ss138–169, 154, 177).","Significant administrative discretion and operational duties vested in the Commission and Commissioner (ss5, 29, 61, 186).","Multiple categories of declaration votes and complex handling and admissibility rules for envelopes and ballots (ss37–59, 75–96).","Interplay with Commonwealth and Territory electoral law for enrolment, rolls and postal voting (s3 defs; ss15–16; s44 cross‑refs).","Dispute resolution routed to a specialist Court of Disputed Returns with time limits, security for costs and procedural rules (ss114–136, 118–119).","Numerous cross‑references, public‑notice and record‑keeping obligations and heavy compliance paperwork (ss16, 27, 28, 47, 191–193).","Liability rules extending to corporate officers, representatives and unincorporated associations (ss172–176), increasing legal complexity for organisations."],"plain_english_summary":"This Act sets how three delegates (two ordinary, one reserve) are elected for each division and makes the Northern Territory Electoral Commission responsible for running the poll (ss6, 5). It prescribes who may stand and vote, nomination requirements, polling (including postal, early and mobile voting), vote counting (Schedule), dispute procedures and criminal offences. \n\nCandidates and voters bear nomination and voting compliance (ss18–19, 42–51). The Commission decides practical arrangements and may approve electronic systems (ss29, 61, 186). Breaches carry fines or imprisonment (ss138–166, 177)."}},"importantCases":[],"_links":{"self":"/api/acts/constitutional-convention-election-act-2011","history":"/api/acts/constitutional-convention-election-act-2011/history","analysis":"/api/acts/constitutional-convention-election-act-2011/analysis","conflicts":"/api/acts/constitutional-convention-election-act-2011/conflicts","importantCases":"/api/acts/constitutional-convention-election-act-2011/important-cases","documents":"/api/acts/constitutional-convention-election-act-2011/documents"}}