{"id":"electoral-act-1985","name":"Electoral Act 1985","slug":"electoral-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31934,"registerId":"sa-electoral-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 6A","sectionType":"division","heading":"Regulation of donations etc","content":"Division 6A—Regulation of donations etc\n","sortOrder":0},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\n130ZCA\tInterpretation\n130ZCB\tMeaning of electoral donation\n130ZCC\tMeaning of electoral loan\n","sortOrder":1},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Prohibition on donations and loans for certain parties, candidates etc","content":"Subdivision 2—Prohibition on donations and loans for certain parties, candidates etc\n130ZCD\tDonations to certain parties, candidates etc prohibited\n130ZCE\tLoans to parties, candidates etc prohibited\n","sortOrder":2},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Limitations on donations etc to regulated designated participants","content":"Subdivision 3—Limitations on donations etc to regulated designated participants\n130ZCF\tApplication\n130ZCG\tIndividual cap on electoral donations\n130ZCH\tProhibition on electoral donations that exceed individual cap\n130ZCI\tGeneral caps on electoral donations\n130ZCJ\tIndividual cap on electoral loans\n130ZCK\tProhibition on electoral loans that exceed individual cap\n130ZCL\tGeneral caps on electoral loans\n","sortOrder":3},{"sectionNumber":"Div 7","sectionType":"division","heading":"Disclosure of donations","content":"Division 7—Disclosure of donations\n130ZD\tInterpretation\n130ZE\tDivision not to apply to donations returned within 6 weeks\n130ZF\tReturns by certain candidates and groups\n130ZG\tDonations, loans to certain candidates etc\n130ZH\tDonations to entitled registered political parties\n130ZHA\tDonations to third parties\n130ZJ\tCertain donations not to be received\n130ZK\tCertain loans not to be received\n","sortOrder":4},{"sectionNumber":"Div 8","sectionType":"division","heading":"Returns","content":"Division 8—Returns\n130ZM\tInterpretation\n130ZN\tReturns by registered political parties\n130ZO\tReturns by associated entities\n130ZP\tReturns by third parties\n130ZQ\tReturns relating to political expenditure during capped expenditure period\n130ZR\tAnnual returns relating to political expenditure\n130ZS\tAnnual returns relating to amounts received for political expenditure\n130ZT\tRelated matters\n","sortOrder":5},{"sectionNumber":"Div 8A","sectionType":"division","heading":"Registration of third parties","content":"Division 8A—Registration of third parties\n130ZU\tInterpretation\n130ZUA\tPolitical expenditure by third parties\n130ZUB\tRegister of Third Parties\n130ZUC\tApplication for registration\n130ZUD\tRegistration\n130ZUE\tThird party must notify Electoral Commissioner of change in particulars\n130ZUF\tVariation and cancellation of registration\n","sortOrder":6},{"sectionNumber":"Div 9","sectionType":"division","heading":"Related matters","content":"Division 9—Related matters\n130ZV\tAudit certificates\n130ZW\tAuditor to give notice of contravention\n130ZWA\tAudits by Electoral Commissioner etc\n130ZWB\tRegistered political party to provide details of associated entities\n130ZX\tElectoral Commissioner to determine manner in which returns to be furnished\n130ZY\tPublic inspection of returns\n130ZZ\tNil returns\n130ZZA\tRecords to be kept\n130ZZB\tInvestigation etc\n130ZZC\tInability to complete returns\n130ZZD\tAmendment of returns\n130ZZE\tOffences\n130ZZF\tNon‑compliance with Part does not affect election\n130ZZG\tAppropriation\n130ZZH\tRegulations\nPart 14—Miscellaneous\n131\tSignature to electoral paper\n132\tInjunctions\n133\tDisqualification for bribery and undue influence\n134\tService by post\n135\tPreservation of ballot papers\n136\tOffences committed with connivance of person other than offender\n138\tExemption from stamp duty\n139\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Electoral Act 1985.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nabbreviation, in relation to the name of a political party, includes an alternative name of the party;\nauthorised witness means a person (not being a candidate in an election) who is over, or apparently over, the age of 18 years;\nbribery means an offence against section 109;\nCommonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth;\nCommonwealth roll means the roll of electors for the State of South Australia kept under section 81 of the Commonwealth Act;\ncounting centre means premises at which the scrutiny of ballot papers is being, or is to be, conducted;\ndeclaration ballot paper means the ballot paper of a voter who makes a declaration vote;\ndeclaration voting papers, in relation to an election, means—\n\t(a)\tthe ballot paper for the election; and\n\t(b)\tan envelope endorsed with a declaration to be made by the voter;\nelection period, in relation to an election, means the period commencing on the issue of the writ for the election and expiring at 6 p.m. on polling day;\nelector means a person whose name appears on a roll as an elector (not being a person under the age of 18 years who is provisionally enrolled) and includes a person whose name should appear on a roll as an elector but has been, by error, omitted from the roll;\nelectoral advertisement means an advertisement containing electoral matter;\nthe Electoral Commissioner means the person for the time being holding, or acting in, the office of the Electoral Commissioner under this Act;\nelectoral district or district means—\n\t(a)\tin relation to a Legislative Council election—the whole of the State;\n\t(b)\tin relation to a House of Assembly election—a district for the return of a member of the House of Assembly;\nelectoral matter means matter calculated to affect the result of an election;\nelectoral paper means any document or form for use under this Act;\nelectoral roll or roll means an electoral roll kept under this Act;\nelectoral visitor means an electoral visitor appointed by the Electoral Commissioner;\nentitled candidate, in relation to a candidate in an election, means a candidate other than—\n\t(a)\ta candidate endorsed by a registered political party; or\n\t(b)\ta candidate who—\n\t(i)\tin the case of a general election—was a member of Parliament at the time of the dissolution of the Parliament in relation to the election; or\n\t(ii)\tin the case of any other election—was a member of Parliament at the time of the event that resulted in the vacancy that gave rise to the election;\nentitled group, in relation to a group of candidates in an election, means a group other than—\n\t(a)\ta group containing a candidate endorsed by a registered political party; or\n\t(b)\ta group containing a candidate who in the case of a general election—was a member of Parliament at the time of the dissolution of the Parliament in relation to the election;\nentitled registered political party means a registered political party other than a registered political party where 1 or more members of the party is a member of Parliament (or, in relation to an election, was a member of Parliament at the time of the dissolution of the Parliament or event that resulted in the vacancy that gave rise to the election);\ngeneral election means a general election of members of the House of Assembly;\ngroup means a group of 2 or more candidates nominated for election to the Legislative Council who have their names grouped together on ballot papers in accordance with section 58;\ngroup voting square means a square printed on a ballot paper for a Legislative Council election in relation to the candidates included in a group who have requested a group voting square for the purposes of the election under section 58(2)(e);\nthe hour of nomination means 12 noon on the day fixed by a writ for the nomination;\nhow-to-vote card means a card, in the form of a ballot paper, indicating the manner in which a vote should be recorded by a voter;\ninstitution means—\n\t(a)\ta hospital; or\n\t(b)\ta convalescent home; or\n\t(c)\ta nursing home; or\n\t(d)\ta home for the aged; or\n\t(e)\ta hostel for the aged or infirm; or\n\t(f)\ta prison or other place of confinement; or\n\t(g)\tan institution of a prescribed kind,\nor any part of an institution as defined above;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmember of Parliament means a member of the Parliament of South Australia;\nname, of a candidate for election, includes a name by which the candidate is generally known;\nofficer means a person appointed to an office under this Act or assisting the Electoral Commissioner in the administration of this or any other Act or engaged by the Electoral Commissioner under this Act;\nordinary vote means a vote that is not a declaration vote;\norganisation means an incorporated or unincorporated association, group or organisation (including an association, group or organisation that constitutes a branch or division of a larger association, group or organisation);\npolitical party means an organisation of which an object or activity is the promotion of the election to the House of Assembly or the Legislative Council of a candidate or candidates endorsed by it;\npolling booth means a building, structure, vehicle or enclosure or part of a building, structure, vehicle or enclosure, for taking votes at an election;\npolling place means a place appointed as a polling place under this Act;\npre‑polling centre—see section 18(1);\nregistered name, in relation to a registered political party, means the name of the party, or an abbreviation of the name of the party, entered in the Register of Political Parties under Part 6;\nregistered officer, in relation to a registered political party, means the person shown on the Register of Political Parties as the registered officer of that party and includes a person nominated by that registered officer as his or her deputy;\nregistered political party means a political party registered under Part 6;\nregistered voting ticket means a voting ticket lodged under section 60A;\nRegister of Political Parties means the register of political parties kept under Part 6;\nremote subdivision means a subdivision declared by the Electoral Commissioner under section 15 to be a remote subdivision;\nreturning officer includes an assistant returning officer;\nscrutiny of ballot papers includes the counting of the votes recorded on ballot papers;\nsubdivision means a subdivision of a district and, in relation to a district that is not divided into subdivisions, means the whole of the district;\nto publish includes to authorise, cause or permit to be published;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nundue influence means an offence against section 110;\nvoting papers, in relation to an election, means any ballot paper or declaration voting papers required by an elector for the purpose of voting at the election;\nvoting ticket means a written statement of a particular order in which a voter might allocate preferences in an election, being a statement for use under this Act in interpreting the votes of voters who, in relation to a House of Assembly election, do not indicate an order of preference covering all candidates;\nwrit means a writ for an election.\n\t(2)\tFor the purposes of this Act, an organisation endorses a candidate in an election if a part of the organisation, or some other organisation of which the organisation is part, endorses the candidate in the election.\n\t(3)\tExcept as otherwise provided and subject to the regulations, a reference in this Act to a registered political party, group or candidate (as the case may be) includes a reference to an entitled registered political party, entitled group or entitled candidate (as the case requires).\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n","sortOrder":9},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Electoral Commissioner and Deputy Electoral Commissioner","content":"Division 1—The Electoral Commissioner and Deputy Electoral Commissioner\n5—Appointment of Electoral Commissioner and Deputy Electoral Commissioner\n\t(1)\tThe Governor may—\n\t(a)\ton a recommendation made by resolution of both Houses of Parliament, appoint a person to be the Electoral Commissioner; and\n\t(b)\tappoint a person to be the Deputy Electoral Commissioner.\n\t(2)\tOn a vacancy occurring in the office of Electoral Commissioner, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee established under the Parliamentary Committees Act 1991.\n\t(3)\tNeither the Electoral Commissioner nor the Deputy Electoral Commissioner may, without the consent of the Minister, engage in any remunerative employment outside the functions and duties of their respective offices.\n6—Acting appointments\n\t(1)\tIf—\n\t(a)\tthe office of Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent from the duties of his or her office; and\n\t(b)\tthe office of Deputy Electoral Commissioner is vacant or the Deputy Electoral Commissioner is unavailable to act in the office of the Electoral Commissioner,\nthe Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of the Electoral Commissioner.\n\t(2)\tIf the office of Deputy Electoral Commissioner is temporarily vacant, or the Deputy Electoral Commissioner is absent from the duties of his or her office, the Governor may appoint a suitable person (who may, but need not, be a Public Service employee) to act in the office of Deputy Electoral Commissioner.\n7—Remuneration and conditions of office\n\t(1)\tThe Electoral Commissioner and the Deputy Electoral Commissioner hold office, subject to this Act, on terms and conditions determined by the Governor.\n\t(2)\tThe Electoral Commissioner and the Deputy Electoral Commissioner are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices.\n\t(3)\tA salary determined by the Remuneration Tribunal for the Electoral Commissioner or the Deputy Electoral Commissioner cannot be reduced by subsequent determination during the term of office of the Electoral Commissioner or the Deputy Electoral Commissioner (as the case may be).\n\t(5)\tThe Electoral Commissioner and Deputy Electoral Commissioner are employees within the meaning and for the purposes of the Superannuation Act 1988.\n\t(6)\tA person appointed as Electoral Commissioner is so appointed for a term expiring on the day on which he or she attains the age of 65 years.\n\t(6a)\tA person appointed after the commencement of this subsection as Deputy Electoral Commissioner is so appointed for a term expiring 1 year after polling day of the general election second occurring after the person's appointment under this section and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(7)\tThe Governor may remove the Electoral Commissioner or Deputy Electoral Commissioner from office on presentation of an address from both Houses of Parliament praying for his or her removal.\n\t(8)\tThe Governor may suspend the Electoral Commissioner or Deputy Electoral Commissioner from office on the ground of incompetence or misbehaviour and, in the event of such a suspension—\n\t(a)\ta full statement of the reason for the suspension must be laid before Parliament within 3 sitting days if Parliament is then in session or, if not, within 3 sitting days of the commencement of the next session of Parliament; and\n\t(b)\tif within 12 sitting days of the statement being laid before Parliament no address praying for removal of the Electoral Commissioner or Deputy Electoral Commissioner is presented to the Governor under subsection (7), he or she must be restored to office, but if such an address is presented, he or she may be removed from office.\n\t(9)\tThe office of the Electoral Commissioner or Deputy Electoral Commissioner becomes vacant if—\n\t(a)\the or she dies;\n\t(b)\the or she resigns his or her office by written notice addressed to the Governor, or his or her term of office expires;\n\t(c)\tin the case of the Electoral Commissioner—having reached the age of 55 years, he or she retires from office by written notice addressed to the Governor;\n\t(d)\the or she is removed from office under subsection (7) or (8);\n\t(e)\the or she is convicted of an indictable offence or sentenced to imprisonment for an offence;\n\t(f)\the or she becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth;\n\t(g)\the or she becomes, in the opinion of the Governor, physically or mentally incapable of satisfactorily carrying out his or her functions and duties.\n\t(10)\tThe Electoral Commissioner and the Deputy Electoral Commissioner may only be removed or suspended from office as provided in this section.\n\t(11)\tSubject to this section, the office of—\n\t(a)\tthe Electoral Commissioner; and\n\t(b)\tthe Deputy Electoral Commissioner,\nmay not become vacant.\n","sortOrder":10},{"sectionNumber":"Div 2","sectionType":"division","heading":"The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner","content":"Division 2—The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner\n8—Powers and functions of the Electoral Commissioner\n\t(1)\tThe Electoral Commissioner—\n\t(a)\tis responsible to the Minister for the administration of this Act;\n\t(b)\tis responsible for the proper conduct of elections in accordance with this Act;\n\t(c)\tis responsible for the carrying out of appropriate programmes of publicity and public education in order to ensure that the public is adequately informed of their democratic rights and obligations under this Act;\n\t(d)\tis empowered—\n\t(i)\tto conduct and promote research into electoral matters;\n\t(ii)\tto publish the results of such research and other material on electoral matters.\n\t(1a)\tThe Electoral Commissioner must, where relevant in the carrying out of the Electoral Commissioner's functions under this Act, promote and encourage the casting of votes at a polling booth on polling day.\n\t(2)\tThe Electoral Commissioner—\n\t(a)\thas the powers and functions conferred on or assigned to him or her under this Act or any other Act; and\n\t(b)\tmay, with the permission of the Minister, carry out any other statutory or non-statutory functions on terms and conditions approved by the Minister.\n9—Delegation\n\t(1)\tThe Electoral Commissioner may delegate any of his or her powers or functions under this or any other Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not prevent the Electoral Commissioner from acting personally in any matter; and\n\t(c)\tis revocable at will.\n10—Duties of the Deputy Electoral Commissioner\nThe Deputy Electoral Commissioner—\n\t(a)\tmust perform such duties as the Electoral Commissioner may direct; and\n\t(b)\tmust, if the office of the Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office, act in the office of the Electoral Commissioner.\n","sortOrder":11},{"sectionNumber":"Div 3","sectionType":"division","heading":"Staff of the Electoral Commissioner","content":"Division 3—Staff of the Electoral Commissioner\n12—Staff\n\t(1)\tThe Electoral Commissioner's staff consists of—\n\t(a)\tPublic Service employees assigned to assist the Commissioner; and\n\t(b)\tpersons employed by the Commissioner, on terms and conditions determined by the Commissioner, for the purposes of an election or otherwise on a temporary basis as required for the administration of this or any other Act.\n\t(2)\tA person employed under subsection (1)(b) is to be remunerated in accordance with a scale of fees and allowances fixed by the Minister.\n13—Candidates and persons holding official positions in political parties not to be electoral officers\n\t(1)\tNo candidate or person holding an official position in a political party may be appointed as an officer.\n\t(2)\tIf an officer becomes a candidate, or accepts an official position in a political party, his or her office or position is vacated.\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electoral districts and subdivisions","content":"Part 3—Electoral districts and subdivisions\nDivision 1—Electoral districts\n14—Electoral districts\n\t(1)\tFor the purposes of this Act—\n\t(a)\tthe whole of the State constitutes the Legislative Council electoral district; and\n\t(b)\tthe State is divided into House of Assembly electoral districts in accordance with the Constitution Act 1934.\n\t(2)\tEach House of Assembly electoral district constitutes a division of the Legislative Council electoral district.\n\t(4)\tIf a by-election is to be held in a House of Assembly electoral district—\n\t(a)\tthe district will be taken to be as it existed at the previous general election of members of the House of Assembly; and\n\t(b)\tthe electoral rolls must be prepared for the purposes of the by-election accordingly.\nDivision 2—Electoral subdivisions\n15—Electoral subdivisions\n\t(1)\tThe Electoral Commissioner may, by notice published in the Gazette—\n\t(a)\tdivide an electoral district into subdivisions; or\n\t(b)\talter the boundaries of a subdivision; or\n\t(c)\tabolish a subdivision.\n\t(2)\tThe Electoral Commissioner may appoint an electoral registrar in respect of one or more subdivisions.\n\t(3)\tThe Electoral Commissioner may, by notice published in the Gazette—\n\t(a)\tdeclare a particular subdivision to be a remote subdivision; or\n\t(b)\trevoke a declaration under paragraph (a).\nDivision 3—District returning officers\n16—The district returning officers\n\t(1)\tThere must be a returning officer for the Legislative Council district.\n\t(2)\tIn respect of each House of Assembly district there must be—\n\t(a)\ta returning officer (who must be deputy returning officer for the corresponding Legislative Council division); and\n\t(b)\tsuch assistant returning officers as the Electoral Commissioner thinks fit.\n17—Duty to assist public\nEach returning officer must keep a supply of the forms required for the purposes of this Act, and assist the public in their proper use.\n","sortOrder":13},{"sectionNumber":"Div 4","sectionType":"division","heading":"District polling places","content":"Division 4—District polling places\n18—Polling places\n\t(1)\tEach district must have such polling places (including places for the taking of votes before polling day (pre‑polling centres)) as the Electoral Commissioner thinks fit.\n\t(2)\tThe Electoral Commissioner may, by notice published in the Gazette—\n\t(a)\tappoint such polling places (including pre‑polling centres) for a district as he or she thinks fit; or\n\t(b)\tabolish a polling place (including a pre‑polling centre).\n\t(2a)\tThe Electoral Commissioner must use reasonable endeavours to appoint at least 1 pre‑polling centre within each district.\n\t(3)\tNo polling place may be abolished during an election period unless the Electoral Commissioner is of the opinion that it would be impracticable to take the poll at that polling place.\n\t(4)\tWhen a writ is issued for an election in a district, the Electoral Commissioner must, between the date of the issue of the writ and polling day, give public notice by advertisement in a newspaper circulating generally throughout the State of the position of all polling places for the district.\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Electoral rolls","content":"Part 4—Electoral rolls\nDivision 1—District and subdivisional rolls\n19—District and subdivisional rolls\n\t(1)\tThere must be an electoral roll for each district.\n\t(2)\tThe electoral roll for a district consists of the rolls for the various divisions or subdivisions of the district.\nDivision 2—Information to be contained in rolls\n20—Information to be contained on the roll\n\t(1)\tSubject to this section, a roll must contain the following information in relation to each elector enrolled on that roll:\n\t(a)\tthe surname; and\n\t(b)\tthe Christian or given names; and\n\t(c)\tthe address of the principal place of residence; and\n\t(d)\tsuch further particulars as may be prescribed.\n\t(2)\tThe place of residence of an elector whose place of residence is suppressed from the roll under this Division must not be shown on a roll.\n21—Suppression of elector's address\n\t(1)\tWhere an electoral registrar is satisfied that the inclusion on a roll of the address of an elector's place of residence would place at risk the personal safety of the elector, a member of the elector's family or any other person, he or she may suppress the address from the roll.\n\t(2)\tIf a person's address has not been included on, or has been deleted from, the Commonwealth roll under section 104 of the Commonwealth Act, the person's address must be suppressed from any roll under this Act.\nDivision 3—Revision of the rolls\n22—Revision of the rolls\nWhere—\n\t(a)\ta new district or a new subdivision is created; or\n\t(b)\tthe boundaries of an existing district or subdivision are altered,\nthe rolls must be revised accordingly.\n23—Rolls to be kept up to date\nThe electoral registrars must keep the rolls under revision by—\n\t(a)\tadding the names of electors entitled to be enrolled in accordance with Part 5;\n\t(b)\tremoving the names of deceased electors;\n\t(c)\tcorrecting mistakes and omissions in the rolls;\n\t(d)\tregistering changes of name;\n\t(e)\tbringing up to date particulars appearing in the rolls;\n\t(f)\tin relation to a person who is enrolled on the Commonwealth roll—reflecting any change under the Commonwealth Act in relation to that enrolment.\nDivision 4—Keeping, printing and inspection of the rolls\n24—Rolls to be kept by computer\nThe rolls may be kept by computer.\n25—Printing of rolls\nA roll must be printed whenever the Electoral Commissioner or the Minister so directs.\n26—Inspection and provision of rolls\n\t(1)\tCopies (whether in printed or electronic form) of the latest prints of the rolls must be available for inspection without fee—\n\t(a)\tat the office of the Electoral Commissioner; and\n\t(b)\tat the offices of the electoral registrars; and\n\t(d)\tat such other places as the Electoral Commissioner determines.\n\t(1a)\tA person may only inspect a copy of the roll available for inspection under subsection (1) if the person—\n\t(a)\tprovides the person's name and address to the Electoral Commissioner; and\n\t(b)\tif requested to do so by the Electoral Commissioner, produces evidence of the correctness of the name or address as provided in a form determined by the Commissioner; and\n\t(c)\tcomplies with conditions (if any) prescribed by the regulations.\n\t(2)\tThe Electoral Commissioner must, on request—\n\t(a)\tprovide a member of the House of Assembly with an up‑to‑date copy of the electoral roll for the member's district;\n\t(b)\tprovide a member of the Legislative Council with an up‑to‑date copy of the electoral roll for the Legislative Council district;\n\t(c)\tprovide the registered officer of a registered political party with an up‑to‑date copy of any electoral roll for any district;\n\t(d)\tprovide a person who is a nominated candidate in an election with an up‑to‑date copy of the electoral roll for—\n\t(i)\tin the case of a person who is a candidate in an election for a House of Assembly district—that district; or\n\t(ii)\tin the case of a person who is a candidate in a Legislative Council election—the Legislative Council district.\n\t(3)\tIf, in accordance with an electoral redistribution under the Constitution Act 1934, the area of a House of Assembly district (the relevant district) will, from the day on which a general election of members of the House of Assembly is next held, be altered to include any part of the area of another House of Assembly district, the Electoral Commissioner must, on request, provide an up‑to‑date copy of the electoral roll for that other House of Assembly district to—\n\t(a)\tthe current House of Assembly member for the relevant district; \n\t(b)\tany person who is a nominated candidate for an election in the relevant district.\n\t(4)\tThe following provisions apply in connection with the operation of subsections (2) and (3):\n\t(a)\ta request under subsection (2) may be made on the basis that a copy of the relevant roll (or rolls) will be provided on a monthly basis (and the Electoral Commissioner is not required to provide a roll to a particular person (or registered political party) more frequently than once in each month);\n\t(b)\ta copy of a roll may be provided in electronic form (as determined by the Electoral Commissioner);\n\t(c)\ta copy of a roll must be provided without the requirement to pay a fee.\n\t(5)\tIf a copy of the roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than—\n\t(a)\tthe carrying out of functions of a member of the Parliament of the State or the Commonwealth or a council constituted under the Local Government Act 1999; or\n\t(b)\tthe distribution of matter calculated to affect the result of a State, Commonwealth or local government election or purposes related to the holding of such elections,\n","sortOrder":15},{"sectionNumber":"Div 5","sectionType":"division","heading":"Power to require information","content":"Division 5—Power to require information\n27—Power to require information\n\t(1)\tThe Electoral Commissioner may, by notice in writing, require—\n\t(a)\tan agency or instrumentality of the Crown, or any other prescribed authority; or\n\t(ab)\tany public sector employee; or\n\t(b)\ta local governing body, or any officer of a local governing body; or\n\t(c)\tthe occupier of residential premises; or\n\t(d)\tthe proprietor or person in charge of an institution,\nto provide him or her with information required in connection with the preparation, maintenance or revision of the rolls.\n\t(1a)\tThe regulations may provide that subsection (1) does not apply to—\n\t(a)\ta particular agency or instrumentality of the Crown, prescribed authority, or public sector employee; or\n\t(b)\tspecified information or material in the possession or control of an agency, instrumentality, authority, body or person.\n\t(2)\tA person who fails to provide information required under this section within the time allowed in the notice is guilty of an offence.\n","sortOrder":16},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Provision of certain information","content":"Division 5A—Provision of certain information\n27A—Provision of certain information\n\t(1)\tThe Electoral Commissioner may, on application by a prescribed authority, provide the authority with any information in the Electoral Commissioner's possession about an elector.\n\t(2)\tThe Electoral Commissioner may, on application by a person of a prescribed class, provide the person with any of the following information about an elector:\n\t(a)\tthe elector's sex;\n\t(b)\tthe elector's place of birth;\n\t(c)\tthe elector's date of birth.\n\t(4)\tThe Electoral Commissioner—\n\t(a)\tmay provide information under this section subject to conditions notified in writing to the authority or person to whom the information is given; and\n\t(b)\tmay charge a fee (to be fixed by the Electoral Commissioner) for providing information.\n\t(5)\tAn authority or person who contravenes or fails to comply with a condition under subsection (4)(a) is guilty of an offence.\n\t(6)\tA fee is not payable under subsection (4)(b) if the person to whom the information is provided is a Member of Parliament or is a nominated candidate for an election.\n","sortOrder":17},{"sectionNumber":"Div 6","sectionType":"division","heading":"Joint Commonwealth-State arrangements","content":"Division 6—Joint Commonwealth-State arrangements\n28—Collaboration with the Commonwealth\n\t(1)\tThe Governor may arrange with the Governor-General of the Commonwealth—\n\t(a)\tfor the preparation, alteration or revision of the rolls; or\n\t(b)\tfor the carrying out of functions related to the preparation, alteration or revision of the rolls,\njointly by the Commonwealth and the State.\n\t(2)\tWhere any such arrangement is in force, the rolls may contain—\n\t(a)\tnames and particulars of persons who are enrolled as electors of the Commonwealth but not as electors of the State, provided that those persons who are not enrolled as electors for the State are clearly differentiated;\n\t(b)\tdistinguishing marks against the names of persons enrolled as State electors but not as Commonwealth electors to show that they are not enrolled as Commonwealth electors;\n\t(c)\tany other particulars in addition to those required by this Act to be included in the rolls,\nand those names, marks and particulars are not, for the purposes of this Act, to be regarded as part of the rolls.\n","sortOrder":18},{"sectionNumber":"Part 5","sectionType":"part","heading":"Enrolment","content":"Part 5—Enrolment\nDivision 1—Entitlement to enrolment\n29—Entitlement to enrolment\n\t(1)\tA person is entitled to be enrolled on the roll for a subdivision if—\n\t(a)\tthe person—\n\t(i)\thas attained the age of 18 years; and\n\t(ii)\t—\n\t(A)\tis an Australian citizen; or\n\t(B)\tis a person who by virtue of his or her status as a British subject was, at some time within the period of 3 months commencing on 26 October 1983, enrolled under the repealed Act as an Assembly elector or enrolled on an electoral roll maintained under a law of the Commonwealth or a Territory of the Commonwealth; and\n\t(iii)\thas his or her principal place of residence in the subdivision and has lived at that place of residence for a continuous period of at least 1 month immediately preceding the date of the claim for enrolment; and\n\t(iv)\tis not of unsound mind; or\n\t(b)\tthe person is properly enrolled on the Commonwealth roll, other than under section 100 of the Commonwealth Act, in respect of an address in the subdivision.\n\t(2)\tA person is entitled to provisional enrolment on the roll for a subdivision if—\n\t(a)\tthe person—\n\t(i)\thas attained the age of 16 years; and\n\t(ii)\twould, if he or she had attained the age of 18 years, be entitled to be enrolled on the roll for that subdivision under subsection (1); or\n\t(b)\tthe person is properly enrolled on the Commonwealth roll under section 100 of the Commonwealth Act in respect of an address in the subdivision.\n\t(3)\tNo person is entitled to be at the same time enrolled for more than one subdivision.\n\t(4)\tWhere a person is imprisoned within the State, it will be presumed, for the purposes of this Act, that the prisoner's principal place of residence is—\n\t(a)\tthe place that constituted the prisoner's principal place of residence immediately before the commencement of the imprisonment; or\n\t(b)\tif—\n\t(i)\tthe prisoner, or a parent, spouse, domestic partner or child of the prisoner who was residing with the prisoner immediately before the commencement of the imprisonment, acquires during the term of imprisonment some other place of residence in lieu of the place referred to in paragraph (a);\n\t(ii)\tthe prisoner intends to reside at that new place of residence on release from prison;\n\t(iii)\tthe prisoner elects to be enrolled in respect of that place,\nthat place; or\n\t(c)\tif—\n\t(i)\tthere is no place of residence in the State in respect of which the prisoner may be enrolled under paragraph (a) or (b); and\n\t(ii)\tthe prisoner has been sentenced to imprisonment for 2 years or more—\nthe place at which the prisoner is imprisoned.\n\t(5)\tA prisoner will, for the purposes of the provisions of this Act relating to enrolment, and entitlement to vote, be taken to reside at the place that constitutes the prisoner's principal place of residence under subsection (4).\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nspouse—a person is the spouse of another if they are legally married.\n","sortOrder":19},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Itinerant persons","content":"Division 2A—Itinerant persons\n31A—Itinerant persons\n\t(1)\tA person may apply for enrolment under this section if the person—\n\t(a)\tis in South Australia and has lived in South Australia for a continuous period of 1 month prior to the date of the application for enrolment; and\n\t(b)\tqualifies for enrolment under section 29(1)(a)(i), (ii) and (iv) but does not qualify for enrolment under section 29(1)(a)(iii) because he or she does not have a fixed place of residence (whether within the State or elsewhere).\n\t(2)\tAn application under this section—\n\t(a)\tmust be made to the Electoral Commissioner in a form approved by the Electoral Commissioner; and\n\t(b)\tmust be signed.\n\t(3)\tIf the Electoral Commissioner is satisfied that a person has made a valid application in accordance with subsections (1) and (2)—\n\t(a)\tthe person is entitled to be enrolled as an elector under this Act despite the provisions of Division 1; and\n\t(b)\ta further claim for enrolment need not be made under Division 3; and\n\t(c)\tthe Electoral Commissioner will cause the name of the person to be entered on the roll—\n\t(i)\tfor the subdivision for which the person last had an entitlement to be enrolled; or\n\t(ii)\tif the person has never had such an entitlement, for a subdivision for which any of the person's next of kin is enrolled; or\n\t(iii)\tif neither subparagraph (i) nor subparagraph (ii) applies, for the subdivision in which the person was born; or\n\t(iv)\tif none of subparagraphs (i), (ii) and (iii) applies, the subdivision with which the person has the closest connection.\n\t(4)\tThe Electoral Commissioner may, in connection with the operation of subsection (3), include on the roll an address in the subdivision that is to be taken to be the person's principal place of residence for the purposes of this Act and any other Act or law relating to enrolment under this Act.\n\t(5)\tThe Electoral Commissioner will also annotate the roll so as to indicate that the person is enrolled under this section.\n\t(6)\tWhile a person is the subject of an annotation under subsection (5), the person is entitled (despite any other provision of this Act)—\n\t(a)\tto have his or her name retained on the roll for the relevant subdivision; and\n\t(b)\tto vote as an elector for that subdivision.\n\t(7)\tDespite a preceding subsection, the Electoral Commissioner will not deal with an application under this section received between the time on which rolls for an election in the relevant district close and polling day for that election.\n\t(8)\tIf an application under this section is rejected, the Electoral Commissioner must take reasonable steps to notify the applicant in writing—\n\t(a)\tof the rejection of the application; and\n\t(b)\tof the reason for its rejection; and\n\t(c)\tof the applicant's rights under this Act to seek a review of the decision.\n\t(9)\tIf a person who is enrolled under this section—\n\t(a)\tqualifies for enrolment with respect to a place of residence under section 29(1)(a)(iii),\nthe person must, as soon as practicable, give notice to the Electoral Commissioner in a form approved by the Electoral Commissioner.\n\t(10)\tA person ceases to be entitled to be enrolled under this section if—\n\t(a)\tthe person gives notice under subsection (9); or\n\t(c)\tthe Electoral Commissioner becomes aware that the person—\n\t(i)\thas qualified for enrolment with respect to a place of residence under section 29(1)(a)(iii); or\n\t(ii)\thas ceased to be entitled to be enrolled under this Act (otherwise than with respect to the operation of section 29(1)(a)(iii)).\n\t(11)\tIf a person ceases to be entitled to be enrolled under this section, the Electoral Commissioner will remove the person's name, and the relevant annotation, from the roll (but may then, if relevant, re‑enter the name in accordance with any entitlement that exists apart from this section).\n\t(12)\tA person who falls within the ambit of subsection (10) may make a new application under this section if or when he or she again qualifies under the terms of subsection (1).\nDivision 3—Compulsory enrolment and transfer\n32—Making of claim for enrolment or transfer of enrolment\n\t(1)\tSubject to this Division, a person who is entitled to be enrolled for any subdivision, whether by way of enrolment or transfer of enrolment, and whose name is not on the Roll for that subdivision must, within 21 days from the date on which the person became so entitled, make a claim in accordance with this Act for enrolment or for transfer of enrolment (as the case may require).\n\t(1a)\tA claim for enrolment or the transfer of enrolment—\n\t(a)\tmust be made in a manner and form approved by the Electoral Commissioner; and\n\t(b)\tmust be made to an electoral registrar.\n\t(1b)\tIf a person makes a claim for enrolment pursuant to section 69(1a), the person will be taken to have made a claim for enrolment in accordance with this Act (even if the claim does not comply with the requirements to be in the manner and form approved by the Electoral Commissioner and given to an electoral registrar).\n\t(2)\tSubsection (1) does not apply to a person who is entitled to be enrolled in accordance with section 29(2) or 31A.\n\t(3)\tA person who fails, without proper excuse, to make a claim for enrolment or transfer of enrolment in accordance with this section is guilty of an offence.\nMaximum penalty: $75.\n\t(4)\tProceedings for an offence against subsection (3) may not be commenced after a claim for enrolment or transfer of enrolment (as the case may require) has been made.\n32A—Notification of transfer within the same subdivision\n\t(1)\tSubject to section 32B(4), an elector whose principal place of residence changes from one address to another within the same subdivision must, within 21 days of the change, notify an electoral registrar of the address of the elector's current principal place of residence.\n\t(2)\tAn elector who fails, without proper excuse, to give a notification under this section is guilty of an offence.\nMaximum penalty: $75.\n\t(3)\tProceedings for an offence against subsection (2) may not be commenced after an appropriate notification has been given.\n32B—Enrolment or transfer of enrolment\n\t(1)\tWhere a claim for enrolment or transfer of enrolment made in accordance with section 32(1a) is received at the office of an electoral registrar, the electoral registrar must—\n\t(a)\tif satisfied of the validity of the claim—enrol the claimant or transfer the enrolment of the claimant, in accordance with the claim; or\n\t(b)\tif not satisfied of the validity of the claim—reject the claim.\n\t(2)\tNo enrolment may—\n\t(a)\tbe made on the roll for a subdivision; or\n\t(b)\tbe transferred from or to the roll for a subdivision,\non the basis of a claim received at the office of an electoral registrar or by operation of subsection (4) between the time on which rolls for an election in the relevant district close and polling day for that election.\n\t(3)\tWhere a claim is rejected, the electoral registrar must notify the claimant in writing—\n\t(a)\tof the rejection of the claim; and\n\t(b)\tof the reasons for its rejection; and\n\t(c)\tof the claimant's rights under this Act to seek a review of the decision.\n\t(4)\tIf a person is enrolled on the Commonwealth roll and the person's address recorded on that roll is an address in a subdivision—\n\t(a)\tthe person is, for the purposes of this Act, to be taken—\n\t(i)\tin the case of a person enrolled on the Commonwealth roll under section 100 of the Commonwealth Act—\n\t(A)\tto have made a claim for enrolment; and\n\t(B)\tto be provisionally enrolled; and\n\t(ii)\tin any other case—\n\t(A)\tto have made a claim in accordance with this Act, or given notice under section 32A (as the case requires); and\n\t(B)\tto be enrolled as an elector for the subdivision for the purposes of this Act; and\n\t(b)\tthe particulars on the Commonwealth roll in relation to the person are, with such modifications (if any) as an electoral registrar considers necessary for the purposes of Part 4 of this Act, to be taken to be the particulars in relation to the person on the roll for the subdivision, unless the electoral registrar is satisfied that the person's particulars on the roll for the subdivision are more up‑to‑date than his or her particulars on the Commonwealth roll.\nDivision 4—Objections\n33—Right of objection\n\t(1)\tAny elector may object to—\n\t(a)\tthe enrolment of a particular person as an elector; or\n\t(b)\tthe enrolment of a particular person on the roll for a particular subdivision; or\n\t(c)\tthe enrolment of a particular person on the roll for a subdivision in respect of a particular address.\n\t(2)\tAn electoral registrar, if of the opinion that a person whose name appears on a roll for a subdivision—\n\t(a)\tshould not be enrolled as an elector; or\n\t(b)\tshould not be enrolled on the roll for that subdivision; or\n\t(c)\tshould be enrolled on the roll for that subdivision but in respect of a different address,\nwill object to the enrolment.\n\t(3)\tAn objection—\n\t(b)\tmust set out the grounds on which the objection is made; and\n\t(c)\tin the case of an objection under subsection (1)—must be accompanied by a deposit of $2.\n\t(4)\tA deposit under subsection (3)(c) must be returned to the objector on determination of the objection unless the electoral registrar is of the opinion that the objector had no reasonable grounds for making the objection, in which case it will be forfeited to the Crown.\n34—Elector to have opportunity to be heard on objection\n\t(1)\tSubject to subsection (2), where an objection is made under this Division, the electoral registrar must afford the person to whose enrolment the objection relates a reasonable opportunity to answer the objection.\n\t(2)\tIf, in the opinion of the electoral registrar, an objection is frivolous or vexatious, he or she may reject the objection without notifying the person to whose enrolment the objection relates.\n35—Determination of objection\n\t(1)\tWhen a person has been afforded a reasonable opportunity to answer an objection under this Division, the electoral registrar may, after considering the answer (if any) made to the objection—\n\t(a)\treject the objection; or\n\t(b)\tuphold the objection and, according to the nature of the case—\n\t(i)\tremove the name of the person to whom the objection relates from the roll; or\n\t(ii)\ttransfer the enrolment of the person to whom the objection relates to the roll for the appropriate subdivision; or\n\t(iii)\tchange the address in respect of which the person to whom the objection relates is enrolled.\n\t(2)\tNo name may be removed from a roll in pursuance of this section between the time at which the rolls for an election in the relevant district close and polling day for that election.\n\t(3)\tWhere a decision is made on an objection under this section, the electoral registrar must give written notice to the person to whose enrolment objection is taken and, if the objection was not made by the electoral registrar, the objector, of—\n\t(a)\tthe decision made on the objection; and\n\t(b)\tthe reasons for that decision; and\n\t(c)\tif applicable, the rights of the person to whom the notice is given to seek a review of the decision.\n","sortOrder":20},{"sectionNumber":"Part 6","sectionType":"part","heading":"Registration of political parties","content":"Part 6—Registration of political parties\n36—Definitions and related provisions\n\t(1)\tIn this Part, unless the contrary intention appears—\neligible political party means—\n\t(a)\ta parliamentary party; or\n\t(b)\ta political party (other than a parliamentary party) whose membership includes at least 200 electors;\nparliamentary party means a political party at least 1 member of which is—\n\t(a)\ta member of the Parliament of South Australia; or\n\t(b)\ta Senator for the State of South Australia; or\n\t(c)\ta member of the House of Representatives chosen in the State of South Australia;\nsecretary, in relation to a political party, means the secretary or chief administrative officer (however described) of the party.\n\t(2)\tFor the purposes of this Part, two political parties will be taken to be related if—\n\t(a)\tone is a part of the other; or\n\t(b)\tboth are parts of the same political party.\n\t(3)\tFor the purposes of this Part, 2 or more political parties cannot rely on the same person for the purpose of qualifying or continuing to qualify as an eligible political party.\n\t(4)\tThe following provisions apply in connection with the membership requirements for political parties:\n\t(a)\ta person who is relied on by 2 or more political parties may nominate the party entitled to rely on the person, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the person an opportunity to do so, the person is not entitled to be relied on by any of those parties;\n\t(b)\tthe registration of a party is not to be cancelled because of the provisions of this section unless the party is given an opportunity by the Electoral Commissioner, in accordance with the regulations, to change the person or persons on whom it relies.\n37—Registration of political parties\nSubject to this Part, an eligible political party may be registered under this Part.\n38—Register of Political Parties\n\t(1)\tThe Electoral Commissioner must establish and maintain a register, to be known as the Register of Political Parties, (the Register) setting out a list of the political parties that are registered under this Part.\n\t(2)\tThe Register must be open for public inspection, without fee, during ordinary office hours, at the principal office of the Electoral Commissioner.\n39—Application for registration\n\t(1)\tAn application for the registration of an eligible political party may be made to the Electoral Commissioner by the secretary of the party, or any other person authorised by the party to make the application.\n\t(2)\tAn application for the registration of an eligible political party must be in writing, signed by the applicant, and must—\n\t(a)\tset out the name of the party; and\n\t(b)\tif the party wishes to be able to use an abbreviation of its name for the purposes of this Act—set out that abbreviation; and\n\t(c)\tset out the name and address of the person who is to be the registered officer of the party for the purposes of this Act and contain a specimen signature of that person; and\n\t(d)\tset out the name and address of the applicant and particulars of the capacity in which the applicant makes the application; and\n\t(e)\tbe accompanied by a copy of the constitution of the party; and\n\t(f)\tin the case of a party that is not a parliamentary party—\n\t(i)\tset out the names and addresses (as enrolled) of 200 electors who are members of the party and on whom the party relies for the purpose of qualifying as an eligible political party; and\n\t(ii)\tbe accompanied by declarations of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the members on whom the party relies for the purpose of qualifying as an eligible political party; and\n\t(iii)\tset out the following information:\n\t(A)\tthe party's objects;\n\t(B)\tthe procedure for amending the party's constitution;\n\t(C)\tthe rules for membership of the party, including the procedure for accepting a person as a member and ending a person's membership;\n\t(D)\ta description of the party structure and of how the party manages its internal affairs;\n\t(E)\tthe procedure for selecting a person to hold an office in the party and for removing a person from office;\n\t(F)\tthe names of the officers or members of the party responsible for ensuring the party complies with Part 13A; and\n\t(g)\tin the case of a parliamentary party—\n\t(i)\tset out the name and address of the member on whom the party relies for the purpose of qualifying as an eligible political party; and\n\t(ii)\tbe accompanied by a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the member on whom the party relies for the purpose of qualifying as an eligible political party; and\n\t(h)\tbe accompanied by a $500 application fee (which is not refundable).\n40—Order in which applications are to be determined\n\t(1)\tSubject to this section, applications for registration of political parties must be determined in the order in which they are received by the Electoral Commissioner.\n\t(3)\tIf, during the period of 6 months immediately preceding the day on which a general election must be held under section 28(1) of the Constitution Act 1934, an application is received by the Electoral Commissioner for registration of a political party, that application must not be determined until after the general election.\n41—Publication of notice of application\n\t(1)\tWhere an application for registration is lodged with the Electoral Commissioner, the Electoral Commissioner must publish notice of the application in the Gazette and in a newspaper circulating generally in the State.\n\t(2)\tA notice under subsection (1) in relation to an application must—\n\t(a)\tset out—\n\t(i)\tparticulars of the name of the party and of any abbreviation of that name that the party desires to use for the purposes of this Act; and\n\t(ii)\tthe name of the applicant; and\n\t(b)\tinvite any elector who desires to object to the application to submit a written objection, containing particulars of the grounds of the objection, to the Electoral Commissioner within 1 month after the date of the publication of the notice in the Gazette.\n\t(3)\tAn objection submitted to the Electoral Commissioner in response to an invitation under subsection (2)—\n\t(a)\tmust be signed by the objector; and\n\t(b)\tmust set out the postal address of the objector.\n42—Registration\n\t(1)\tAfter considering all objections to an application for registration of a political party submitted under this Part, the Electoral Commissioner must determine the application.\n\t(2)\tAn application for the registration of a political party must be refused if, in the opinion of the Electoral Commissioner, the name of the party or the abbreviation of its name (if any) that it wishes to be registered—\n\t(a)\tcomprises more than 6 words; or\n\t(b)\tis obscene; or\n\t(c)\tis the name, or is an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party; or\n\t(d)\tso nearly resembles the name, or an abbreviation or acronym of the name, of another political party (not being a related political party) that is a parliamentary party or a registered political party that it is likely to be confused with or mistaken for that name, abbreviation or acronym; or\n\t(e)\tcomprises or contains the word \"Independent\".\n\t(3)\tAn application for the registration of a political party may be refused if, in the opinion of the Electoral Commissioner the name of the party, or the abbreviation (if any) of the name, that it wishes to be registered—\n\t(a)\tis the name, or an abbreviation or acronym of the name, of a prominent public body, or so nearly resembles the name, or an abbreviation or acronym of the name, of a prominent public body that it is likely to be confused with that name, abbreviation or acronym; or\n\t(b)\tcomprises or contains a word or set of words—\n\t(i)\tthat constitute a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party; or\n\t(ii)\tthat so nearly resemble a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being adopted by the political party applying for registration.\nFor example, the underlined words constitute distinctive aspects or parts of the names of political parties:\nAustralian Democrats (South Australian Division Inc)\nAustralian Labor Party (South Australian Branch)\nThe Liberal Party of Australia (SA Division)\nThe National Party of Australia (SA) Inc\nNo Pokies Campaign Inc.\n\t(3a)\tSubsection (3)(b) does not apply if the applicant for registration provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that the party consents to the use of the particular word or set of words.\n\t(4)\tWhere a writ for an election has been issued, a political party must not be registered during the election period.\n\t(5)\tWhere the Electoral Commissioner decides that a political party should be registered, he or she must—\n\t(a)\tregister the party by entering in the Register—\n\t(i)\tthe name of the party; and\n\t(ii)\tif an abbreviation of the name of the party was set out in the application—that abbreviation; and\n\t(iii)\tthe name and address of the person who has been nominated as the registered officer of the party for the purposes of this Act; and\n\t(b)\tgive written notice to the applicant that he or she has registered the party; and\n\t(c)\tif any person or persons submitted objections to the application—give written notice to the objector or objectors that he or she has registered the party, setting out in the notice to each objector the reasons for rejecting the objection; and\n\t(d)\tpublish in the Gazette notice of the registration of the party.\n\t(6)\tWhere the Electoral Commissioner decides that an application for the registration of a political party should be refused, he or she must give the applicant written notice of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tthe rights of the applicant to seek a review of the decision of the Electoral Commissioner.\n42AA—Entitlements resulting from political party registration not available until 8 months after registration\n\t(1)\tA political party (other than a parliamentary party) that becomes registered under this Part is not a registered political party until 8 months after the date of its registration for the purposes of the following provisions:\n\t(a)\tsection 26(2)(c);\n\t(b)\tPart 8 Division 1;\n\t(c)\tPart 8 Division 2;\n\t(d)\tPart 13A Division 5.\nFunding under Part 13A Division 4 in relation to an election for a candidate or group endorsed by a registered political party is not payable if the date of registration of the party was less than 8 months before polling day for the election.\n\t(2)\tThis section extends to a political party whose registration was previously cancelled under this Part.\n\t(3)\tSubject to subsections (4) and (5), if the registration of a political party has been wrongfully delayed by any act or omission of the Electoral Commissioner, the Supreme Court or the Electoral Commissioner may, by order, backdate the registration of the party to the date on which the political party should have been registered.\n\t(4)\tAn order under subsection (3) cannot be made so as to backdate the registration of a political party to a date occurring during or before a previous period referred to in section 40(3).\n\t(5)\tThe Register cannot be amended to backdate the registration of a political party, except as authorised by an order under subsection (3).\n\t(6)\tFor the purpose of calculating the 8 month period referred to in subsection (1), any period of time after the issue of a writ for a general election and before the return of the writ is to be disregarded.\n42A—Registered officers\n\t(1)\tA registered political party must have a registered officer.\n\t(2)\tThe registered officer and any deputy registered officer of a registered political party must be an elector.\n\t(3)\tIf a registered officer of a registered political party ceases to be an elector, he or she ceases to be the registered officer of the party.\n\t(4)\tA registered political party must not be without a registered officer for a period longer than one month.\nExpiation fee: $105.\n\t(5)\tA registered political party must, within one month after any change in the identity or address of its registered officer, give notice in writing to the Electoral Commissioner containing details of the change.\nExpiation fee: $105.\n\t(6)\tIt is a defence to a charge of an offence against subsection (4) or (5) for the registered political party to prove that the matters alleged against it did not arise from a failure by the party to exercise proper diligence.\n43—Changes to Register\n\t(1)\tWhere a political party is registered under this Part, an application may be made to the Electoral Commissioner, by the registered officer of the party, or any other person authorised by the party to make the application, to change the Register by—\n\t(a)\tchanging the name of the party to a name specified in the application;\n\t(b)\tif an abbreviation of the name of the party is entered in the Register—changing that abbreviation to an abbreviation specified in the application;\n\t(c)\tif an abbreviation of the name of the party is not entered in the Register—entering in the Register an abbreviation of the name of the party, being an abbreviation specified in the application.\n\t(2)\tAn application under subsection (1) must be dealt with in the same way and determined by reference to the same principles as an application for registration of a political party.\n43A—Returns and other inquiries\n\t(1)\tThe registered officer of a registered political party must, at the prescribed times, furnish to the Electoral Commissioner a return as to the party's continued eligibility for registration under this Part in the form prescribed by the regulations.\n\t(2)\tA return under subsection (1) must be accompanied by any documents required under the regulations.\n\t(3)\tA return is not required under subsection (1) if the party has been registered for less than 6 months before the return is due to be furnished.\n\t(4)\tFor the purposes of this section, the prescribed times for furnishing a return are:\n\t(a)\tfor a registered political party (other than a parliamentary party)—by 30 September each year; and\n\t(b)\tfor a parliamentary party—at least 30 days before the commencement of the capped expenditure period for each general election.\n43B—Notification of certain changes\nA political party (other than a parliamentary party) registered under this Part must, within 14 days after a change in any prescribed particulars, notify the Electoral Commissioner of the change.\n43C—Audits by Electoral Commissioner etc\n\t(1)\tThe Electoral Commissioner may, in accordance with any requirements of the regulations, audit the activities and documents of a political party for the purpose of determining whether the party is, or continues to be, eligible to be registered under this Part.\n\t(2)\tA political party the subject of an audit, its agent and any officer of the party, must assist the Electoral Commissioner by—\n\t(a)\tgiving the Electoral Commissioner full and free access at all reasonable times to all documents of the party or agent relevant to the audit; and\n\t(b)\tgiving the Electoral Commissioner all information and explanations that the Electoral Commissioner reasonably requires with respect to the audit.\n\t(3)\tThe Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a class of persons to perform audits under this section.\n\t(4)\tA person, or a person of a class, appointed under this section may exercise the same functions as the Electoral Commissioner in relation to audits under this section.\n44—Voluntary de-registration\n\t(1)\tA political party that is registered under this Part must be de-registered by the Electoral Commissioner if an application for de-registration is made to the Electoral Commissioner by the registered officer or some other person authorised by the party to make the application.\n\t(2)\tAn application under subsection (1) must—\n\t(a)\tbe in writing, signed by the applicant; and\n\t(b)\tset out the name and address of the applicant and particulars of the capacity in which he or she makes the application.\n\t(3)\tWhere a political party is de-registered under subsection (1), that party, or a party that has a name that so nearly resembles the name of the de-registered party that it is likely to be confused with or mistaken for that name, is ineligible for registration under this Part until after the general election next following the de-registration.\n45—De-registration of political party\n\t(1)\tIf the Electoral Commissioner is satisfied on reasonable grounds that—\n\t(a)\ta political party registered under this Part has ceased to exist (whether by amalgamation with another political party or otherwise); or\n\t(b)\ta political party so registered has ceased to have the required number of members (or, in the case of a parliamentary party, an appropriate member) to enable the party to continue as an eligible political party; or \n\t(c)\ta political party so registered, not being a parliamentary party, has not at either of the last 2 general elections for the House of Assembly, or a simultaneous Legislative Council election, endorsed a candidate for election; or\n\t(d)\tthe registration of a political party was obtained by fraud or misrepresentation; or\n\t(e)\tthe registered officer of a registered political party has failed to comply with a requirement under section 43A,\nthe Electoral Commissioner may de-register the party.\n\t(2)\tA political party may not be de-registered under this section unless the Electoral Commissioner has, by notice in writing addressed to the registered officer of the party—\n\t(a)\tinformed the registered officer of his or her intention to de-register the party; and\n\t(b)\tallowed the registered officer a reasonable opportunity to show cause why the party should not be de-registered.\n46—De-registration\n\t(1)\tWhere a writ for an election has been issued, a political party may not be de-registered under this Part during the election period.\n\t(2)\tWhere a political party is de-registered under this Part, the Electoral Commissioner must cause the particulars on the Register that relate to that party to be cancelled.\n46A—False statements\nA person who, in furnishing information for the purposes of this Part, knowingly makes a statement that is false or misleading in a material particular is guilty of an offence.\n46B—Membership information to be confidential\n\t(1)\tSubject to subsection (2), the names and addresses of electors appearing in material provided to the Electoral Commissioner in connection with the membership requirements for registration, or continued registration, as a political party under this Part will be held by the Electoral Commissioner on a confidential basis (and therefore that material will not be available for public inspection under this Part).\n\t(2)\tSubsection (1) does not prevent the Electoral Commissioner providing information to a prescribed person or body, or a person or body of a prescribed class, (if any) for purposes connected with the operation or administration of this Act.\n","sortOrder":21},{"sectionNumber":"Part 7","sectionType":"part","heading":"Writs for elections","content":"Part 7—Writs for elections\n47—Issue of writ\n\t(1)\tSubject to subsection (2), the Governor is the sole authority by whom a writ for an election may be issued.\n\t(a)\ta casual vacancy in the membership of the House of Assembly occurs; or\n\t(b)\tan election to fill a vacancy in the membership of the House of Assembly is declared void by the Court of Disputed Returns,\nthe Speaker of the House of Assembly must issue a writ for a by-election.\n\t(2a)\tIn the case of a general election for the House of Assembly, the writ or writs for the elections in all House of Assembly districts must be issued 28 days before the date fixed for the polling in each district under section 48.\n\t(3)\tWhere a writ for an election is issued, it will, for the purposes of this Act, be presumed that the writ was issued at 1 minute past midnight on the date of the issue of the writ.\n48—Contents of writ\n\t(1)\tA writ must be addressed to the Electoral Commissioner.\n\t(2)\tA writ must fix—\n\t(a)\tthe date and time for the close of the rolls; and\n\t(b)\tthe date for—\n\t(i)\tthe nomination; and\n\t(ii)\tthe polling; and\n\t(iii)\tthe return of the writ.\n\t(3)\tThe date fixed for the close of the rolls must be—\n\t(a)\tsubject to paragraph (b)—\n\t(i)\tin the case of a general election for the House of Assembly—the date falling 6 days after the date of the issue of the writ; or\n\t(ii)\tin any other case—the date falling 10 days after the date of the issue of the writ;\n\t(b)\tif the day that would apply under paragraph (a) would be a Saturday, Sunday or public holiday—the date falling on the day next following the Saturday, Sunday or public holiday that is not itself a Saturday, Sunday or public holiday.\n\t(4)\tThe date fixed for the nomination must be—\n\t(a)\tin the case of a general election for the House of Assembly—the date falling 3 days after the date fixed for the close of the rolls; or\n\t(b)\tin any other case—a date falling not less than 3 days nor more than 14 days after the date fixed for the close of the rolls.\n\t(5)\tThe date fixed for the polling must be a Saturday falling not less than 14 days nor more than 30 days after the date fixed for the nomination.\n\t(6)\tIn the case of a general election for the House of Assembly—\n\t(a)\ta single writ may be issued in respect of all elections in all House of Assembly districts;\n\t(b)\tirrespective of whether a single writ is issued, the same day must be fixed for polling in each district;\n\t(c)\tif more than one writ is issued, all writs must be returnable on the same day.\n\t(7)\tAs soon as practicable after the issue of a writ for an election—\n\t(a)\tits terms must be advertised by the Electoral Commissioner in a newspaper circulating throughout the State; and\n\t(b)\tthe Electoral Commissioner must notify all returning officers affected by the writ of its terms.\n49—Deferral of election\n\t(1)\tDespite any other provision of this Act, the person who issued a writ for an election may, in order to meet a difficulty that has arisen in relation to the conduct of the election, by notice published in a newspaper circulating generally throughout the State, defer—\n\t(a)\tthe date and time for the close of the rolls;\n\t(b)\tthe date for—\n\t(i)\tthe nomination; or\n\t(ii)\tthe polling; or\n\t(iii)\tthe return of the writ.\n\t(2)\tA date or time fixed by notice under subsection (1) will be taken to have been validly fixed by the writ.\n\t(3)\tA deferment will not be granted under subsection (1) if the effect of the deferment would be to postpone polling by more than 21 days from the date originally fixed by the writ.\n50—Failure of election\n\t(1)\tWhenever an election wholly or partially fails, a new writ must immediately be issued for a supplementary election.\n\t(2)\tAn election will be taken to have wholly failed if no candidate is nominated or returned as elected.\n\t(3)\tA Legislative Council election will be taken to have partially failed if one or more candidates are returned as elected but not the full number required to be elected.\n\t(4)\tA supplementary election must, unless more than 3 months have elapsed between the date fixed for the return of the writ for the election that failed and the date of the writ for the supplementary election, be held on the same rolls as were prepared for the earlier election.\n","sortOrder":22},{"sectionNumber":"Part 8","sectionType":"part","heading":"Preparations for an election","content":"Part 8—Preparations for an election\nDivision 1—Nomination\n51—Candidates must be nominated\nNo person is capable of being elected as a member of the House of Assembly or the Legislative Council unless duly nominated for election.\n52—Qualifications of candidate\n\t(1)\tA person is not qualified to be a candidate for election as a member of the House of Assembly or the Legislative Council unless the person is an elector.\n\t(1a)\tA person is not qualified to be a candidate for election as a member of the House of Assembly or the Legislative Council if the person would, if elected at the relevant election, be required to immediately vacate his or her seat under section 17 or 31 of the Constitution Act 1934 (as the case requires).\n\t(2)\tIf 2 or more elections are to be held under this Act on the same day, a person is not entitled to be a candidate in more than 1 of those elections and, if on the declaration of nominations the same person is nominated as a candidate in more than 1 of those elections, each of those nominations is invalid.\n53—Multiple nominations of candidates endorsed by political party\n\t(1)\tThe registered officer of a registered political party may, after the issue of the writ for the election—\n\t(a)\tnominate on a nomination paper a candidate endorsed by the party for election as a member of the House of Assembly or the Legislative Council; or\n\t(b)\tnominate on the same nomination paper candidates endorsed by the party for election as members of the House of Assembly or the Legislative Council.\n\t(2)\tIn order to make a nomination under subsection (1), the registered officer of the party must, at least 48 hours before the hour of nomination, lodge at the office of the Electoral Commissioner—\n\t(a)\ta duly completed nomination paper; and\n\t(b)\ta deposit of the prescribed amount to be paid in the prescribed manner in respect of each candidate nominated.\n\t(3)\tA nomination paper must be in a form approved by the Electoral Commissioner and—\n\t(a)\tbe signed by the registered officer of the party; and\n\t(b)\tcontain a declaration, signed by each candidate, that he or she—\n\t(i)\tconsents to stand as a candidate in the election; and\n\t(ii)\tis qualified to stand as a candidate in the election; and\n\t(iii)\tauthorises the registered officer to make an application under section 62(1), and (in the case of a candidate for election as a member of the House of Assembly) to lodge a voting ticket under section 60A(1), on behalf of the candidate.\n\t(4)\tThe Electoral Commissioner must, in respect of each district for which a candidate has been nominated under this section, deliver to the returning officer a copy or facsimile of the nomination paper as soon as practicable after the receipt of the nomination paper under this section (and in any event before the hour of nomination).\n\t(5)\tIf a nominated candidate, by notice in writing lodged with the appropriate district returning officer before the hour of nomination, withdraws consent to stand as a candidate in an election, the nomination of that candidate is revoked.\n\t(6)\tThe returning officer must immediately inform the registered officer of the party of the revocation of the nomination.\n\t(7)\tThe registered officer of the party may, if—\n\t(a)\tthe nomination of a candidate is revoked; or\n\t(b)\ta nominated candidate dies before the hour of nomination,\nnominate some other person as the candidate endorsed by the party for the district by lodging with the appropriate district returning officer before the hour of nomination a duly completed nomination paper.\n\t(8)\tIf the registered officer does not nominate another candidate under subsection (7), the deposit paid in respect of a candidate whose nomination has been revoked or a candidate who has died must be returned to the party.\n\t(9)\tA nomination is not invalid because of a formal defect or error if the provisions of this Act have been substantially complied with.\n\t(10)\tA person who is endorsed by a registered political party as a candidate for election but is not nominated under subsection (1) may be nominated as a single candidate for election under section 53A.\n\t(11)\tIn this section—\nprescribed amount means—\n\t(a)\tin the case of a candidate nominating for election as a member of the House of Assembly—$1 000, or such lesser amount as may be prescribed by the regulations; or\n\t(b)\tin the case of a candidate nominated for election as a member of the Legislative Council—the amount prescribed by the regulations for the purposes of this paragraph.\n53A—Nomination of candidate by a person\n\t(1)\tA person may, after the issue of the writ for the election, nominate on a nomination paper a candidate for election as a member of the House of Assembly or the Legislative Council.\n\t(2)\tIn order to make a nomination under subsection (1), the person must, before the hour of nomination, lodge at the office of the appropriate district returning officer—\n\t(a)\ta duly completed nomination paper; and\n\t(b)\ta deposit of the prescribed amount to be paid in the prescribed manner.\n\t(3)\tSubject to this section, a nomination paper must be in a form approved by the Electoral Commissioner and—\n\t(a)\tbe signed by at least—\n\t(i)\tin the case of a nomination of an entitled candidate for election as a member of the House of Assembly—20 electors for the relevant district; or\n\t(ii)\tin the case of a nomination of an entitled candidate (including 1 who is to be a member of an entitled group) for election as a member of the Legislative Council—250 electors for the relevant district; and\n\t(b)\tcontain a declaration, signed by the candidate, that he or she—\n\t(i)\tconsents to stand as a candidate in the election; and\n\t(ii)\tis qualified to stand as a candidate in the election.\n\t(3a)\tIf—\n\t(a)\t2 or more candidates in a Legislative Council election apply under section 58 to have their names grouped together on the ballot paper; and\n\t(b)\tan elector signs a nomination paper under subsection (3)(a)(ii) for—\n\t(i)\ta candidate in the group; and\n\t(ii)\tanother candidate in the election (including another candidate in the group),\nthe elector's signature is to be taken not to count for any of the candidates for the purposes of subsection (3)(a)(ii).\n\t(3b)\tSubsection (3)(a)(i) does not apply to the nomination of an entitled candidate for election if, on or before the making of the nomination, a certificate is lodged under section 130PF on behalf of the entitled candidate.\n\t(3c)\tSubsection (3)(a)(ii) does not apply to the nomination of an entitled candidate, if a certificate is lodged under section 130PF on behalf of the entitled candidate (including, in the case of an entitled candidate who is a member of an entitled group, a certificate lodged on behalf of the entitled group).\n\t(4)\tIf a nominated candidate, by notice in writing lodged with the appropriate district returning officer before the hour of nomination, withdraws consent to stand as a candidate in an election, the nomination of that candidate is revoked and the candidate's deposit must be returned.\n\t(4a)\tIf a nomination paper lodged under subsection (2) does not fully comply with the requirement under subsection (3)(a)(ii), the relevant district returning officer must, if practicable, give the nominated candidate notice of the non‑compliance sufficient to enable the candidate to fully comply with the requirement before the hour of nomination.\n\t(5)\tA nomination is not invalid because of a formal defect or error if the provisions of this Act have been substantially complied with.\nprescribed amount means—\n\t(a)\tin the case of a candidate nominating for election as a member of the House of Assembly—$1 000, or such lesser amount as may be prescribed by the regulations; or\n\t(b)\tin the case of a candidate nominated for election as a member of the Legislative Council—the amount prescribed by the regulations for the purposes of this paragraph.\n54—Declaration of nominations\n\t(1)\tThe returning officer for each district must, at the hour of nomination, attend at the district office where the returning officer must—\n\t(a)\tpublicly produce all nomination papers received by the returning officer; and\n\t(b)\tdeclare the names of all candidates duly nominated for the election in that district; and\n\t(c)\tdeclare the addresses of all candidates duly nominated for the election in that district; but if the address of a candidate is suppressed from the roll under section 21—\n\t(i)\tin the case of a candidate nominated for election as a member of the House of Assembly—the returning officer must instead declare the name of the House of Assembly electoral district in which that candidate resides; and\n\t(ii)\tin the case of a candidate nominated for election as a member of the Legislative Council—the returning officer must not declare the address of that candidate.\n\t(2)\tThe returning officer may, with the concurrence of the Electoral Commissioner, reject a nomination if in the opinion of the returning officer the name under which the candidate is nominated—\n\t(a)\tis obscene; or\n\t(b)\tis frivolous; or\n\t(c)\thas been assumed for an ulterior purpose.\n\t(3)\tWhere a nomination is to be rejected under subsection (2), the returning officer must, if practicable, give the nominee sufficient notice of the proposed rejection to enable the withdrawal of the nomination and the making of a fresh nomination under a different name before the hour of nomination.\n55—Proceedings on nomination day\n\t(1)\tIn the case of a Legislative Council election, if the number of candidates nominated is not greater than the number of candidates required to be elected—\n\t(a)\tthe returning officer will make a declaration to that effect; and\n\t(b)\tthe candidate or candidates will be taken to be duly elected as from polling day.\n\t(2)\tIn the case of a House of Assembly election, if one candidate only is nominated—\n\t(a)\tthe returning officer will make a declaration to that effect; and\n\t(b)\tthe candidate will be taken to be duly elected as from polling day.\n\t(3)\tIf, in any election, the number of candidates nominated is greater than the number required to be elected, the proceedings will, subject to this Act, stand adjourned to polling day.\n56—Death of candidate after nomination\n\t(1)\tIf after the nominations for an election for the Legislative Council have been declared, and before polling day, two or more candidates die, the election will be taken to have wholly failed.\n\t(2)\tIf after the nominations for an election for the House of Assembly have been declared, and before polling day, any candidate dies, the election will be taken to have wholly failed.\n57—Deposit to be forfeited in certain cases\n\t(1)\tThe deposit made by or on behalf of a candidate will be retained pending the election, and after the election must be returned to the candidate, or to some person authorised to receive it, if—\n\t(a)\tthe candidate is elected; or\n\t(b)\tthe total number of votes polled in the candidate's favour as first preference votes exceeds 4 per cent of the total number of formal votes cast in the election; or\n\t(c)\twhere the candidate is a member of a group, the total number of votes polled in favour of members of the group as first preference votes exceeds 2 per cent of the total number of formal votes cast in the election,\nbut otherwise the deposit will, subject to subsection (2), be forfeited to the Crown.\n\t(2)\tIf a candidate dies before polling day, his or her deposit must be returned to the candidate's personal representative.\nDivision 2—Ballot papers\nSubdivision 1—Ballot papers for a Legislative Council election\n58—Grouping of candidates in Legislative Council election\n\t(1)\tSubject to this section, if two or more candidates in a Legislative Council election apply under this section to have their names grouped together on the ballot paper, the names of those candidates must be grouped together on the ballot paper.\n\t(2)\tAn application under subsection (1)—\n\t(b)\tmust be signed by all the candidates who are to be included in the group; and\n\t(c)\tmust set out the order in which the names of the candidates are to be included in the group; and\n\t(d)\tmust be received by the returning officer for the Legislative Council not later than the hour of nomination; and\n\t(e)\tmay contain a request for a group voting square for the group on the ballot paper.\n\t(3)\tA candidate is not entitled to have his or her name included in more than one group.\n\t(4)\tThe number of candidates in a group must not exceed the number of candidates required to be elected at the particular election.\n59—Printing of Legislative Council ballot papers\n\t(1)\tIn printing the ballot papers to be used in a Legislative Council election—\n\t(a)\tthe names of candidates included in groups must be printed in groups on the ballot papers before the names of candidates not included in groups, with the groups endorsed by registered political parties appearing before the groups who are not so endorsed (and on the basis that the groups and then the individual candidates will be placed sequentially on the ballot paper starting towards the left‑hand side of the ballot paper and then moving across the ballot paper (towards the right‑hand side) and, if necessary, on to and across a second or subsequent row or rows); and\n\t(ab)\tthe order of the names of the candidates included in each group will be the order specified by the candidates in the group under section 58(2)(c); and\n\t(b)\tthe order of the groups endorsed by registered political parties in the ballot papers must be determined by lot; and\n\t(ba)\tthe order of the groups not endorsed by registered political parties in the ballot papers must be determined by lot; and\n\t(c)\tthe order of the names of the candidates whose names are not included in any group must be determined by lot; and\n\t(d)\twhere similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and\n\t(e)\ta square must be printed opposite the name of each candidate.\n\t(2)\tIf the candidates in a group have requested under section 58(2)(e) a group voting square, an additional square must be printed on the ballot paper in order to provide for the casting of votes in that square.\nSubdivision 2—Ballot papers for a House of Assembly election\n60—Ballot papers for House of Assembly elections\nIn printing the ballot papers to be used in a House of Assembly election—\n\t(a)\tthe order of the names of the candidates in the ballot papers must be determined by lot; and\n\t(b)\twhere similarity in the names of two or more candidates is likely to cause confusion, the names of those candidates may be arranged with such description or addition as will distinguish them from one another; and\n\t(c)\ta square must be printed opposite the name of each candidate.\n60A—Voting tickets\n\t(1)\tOne voting ticket, or two separate voting tickets, may be lodged with the Electoral Commissioner or the returning officer in relation to a candidate for election as a member of the House of Assembly.\n\t(2)\tA voting ticket will not be regarded as validly lodged under subsection (1) unless—\n\t(a)\twritten notice of intention to lodge a voting ticket or voting tickets is given to the Electoral Commissioner or the returning officer at or before the hour of nomination by or on behalf of the candidate; and\n\t(b)\tthe voting ticket is lodged within 72 hours after the close of nominations.\n\t(3)\tA voting ticket may be lodged under this section by—\n\t(a)\tthe candidate to whom it relates; or\n\t(b)\ta person authorised in writing by the candidate to act on their behalf.\n\t(4)\tAn authorisation under subsection (3)(b) may only be given to a registered officer of a registered political party of which the candidate is a member.\n\t(5)\tA voting ticket lodged by or on behalf of a candidate under subsection (1) must—\n\t(a)\tindicate by consecutive numbers commencing with the number 1 an order of preference for all candidates in the election; and\n\t(b)\tindicate a preference for that candidate over all other candidates in the election.\nSubdivision 3—Ballot papers generally\n61—Form of ballot papers\n\t(1)\tSubject to this Act, ballot papers must be in a form prescribed by regulation.\n\t(2)\tThe following statement must be included on each ballot paper at or near the top of the ballot paper and in clearly legible print—\n\"You are not legally obliged to mark the ballot paper.\"\n62—Printing of descriptive information on ballot papers\n\t(1)\tSubject to this section, where an application is made under this section by or on behalf of a candidate—\n\t(a)\tto have the registered name of a registered political party printed adjacent to the candidate's name on the ballot papers for use in the election; or\n\t(b)\tto have a composite name consisting of the registered names of 2 registered political parties printed adjacent to the candidate's name on the ballot papers for use in the election; or\n\t(c)\tto have the description \"Independent\" printed adjacent to the candidate's name on the ballot papers for use in the election,\nthe ballot papers must be printed accordingly.\n\t(1a)\tAn application under subsection (1) can only be made—\n\t(a)\tby the candidate to whom the application relates; or\n\t(b)\tif the candidate is a member of a registered political party and has given an appropriate written authorisation to the registered officer of that party—by that registered officer.\n\t(2)\tAn application under subsection (1)—\n\t(b)\tmust be signed by the candidate or the registered officer authorised to act on the candidate's behalf; and\n\t(ba)\tin the case of an application signed by a registered officer on behalf of a candidate—must be accompanied by the appropriate written authorisation signed by the candidate; and\n\t(c)\tin the case of an application for printing the name of a registered political party or a composite name consisting of the registered names of 2 political parties—\n\t(i)\tmust contain a declaration, signed by the registered officer of the political party or each of the political parties, stating that the party supports the application; and\n\t(ii)\tif the registered political party has more than one registered name—must specify which of those names is to be printed in the ballot paper in pursuance of the application; and\n\t(iii)\tif the application is for the printing of a composite name—must specify the form of the composite name; and\n\t(d)\twhere the name of the candidate is to be included in a group—must be in the form of an application made by or on behalf of all members of the group for the printing of the same name or description adjacent to the name of each member of the group (and, in the case of an application made on behalf of all members of the group, must be accompanied by the appropriate written authorisation signed by all of the members of the group); and\n\t(e)\tmust be received by the Electoral Commissioner not later than the hour of nomination.\n64—Photographs of candidates\n\t(1)\tIf the Electoral Commissioner so decides, photographs of all candidates in an election may be printed on the ballot paper for that election.\n\t(2)\tNotice of a decision under subsection (1) must be given to the candidates in the election on or before the day fixed for the nomination.\n\t(3)\tA candidate whose photograph is to be printed on a ballot paper in pursuance of subsection (1) must, within 3 days after the day fixed for the nomination, submit to the returning officer a photograph—\n\t(a)\tthat was taken of the candidate within 12 months before submission of the photograph; and\n\t(b)\tthat complies with the requirements of the regulations.\n\t(4)\tIf a candidate fails to submit a photograph that conforms with the requirements of subsection (3) within the time allowed by that subsection or such further time as may be allowed by the Electoral Commissioner, the nomination of that candidate becomes void.\n\t(5)\tA photograph of a candidate printed on a ballot paper must appear opposite the name of the candidate.\nDivision 3—Establishment and staffing of polling booths\n65—Properly staffed polling booths to be provided\n\t(1)\tWhere a poll is to be taken at an election for a district, it is the responsibility of the Electoral Commissioner to ensure—\n\t(a)\tthat a polling booth is properly established at each polling place for the district; and\n\t(b)\tthat each polling booth—\n\t(i)\tis properly divided into compartments so that voters may mark their votes without the vote being observed; and\n\t(ii)\tis properly equipped with ballot boxes and other necessary equipment; and\n\t(iii)\tis properly staffed with a presiding officer, poll clerks and any other necessary staff.\n\t(2)\tNo premises licensed for the sale of liquor may be used as a polling booth unless the Electoral Commissioner has taken reasonable steps to ensure that liquor will not be sold or consumed on the premises while the polling booth is open for voting or otherwise being used for the purposes of the poll.\n\t(3)\tAny premises under the control of the Government of the State, and any premises of a local governing body, may be used for the purposes of the poll on terms and conditions approved by the Electoral Commissioner.\n66—Preparation of certain electoral material\n\t(1)\tThe Electoral Commissioner must have posters formed from how‑to‑vote cards submitted by the candidates in the election prepared for use in polling booths on polling day.\n\t(2)\tHow‑to‑vote cards submitted under subsection (1)—\n\t(a)\tmust list candidates in the same order as their names will appear on the relevant ballot paper; and\n\t(b)\tmust comply with any other requirement prescribed by the regulations; and\n\t(c)\tmust be submitted in a quantity determined by the Electoral Commissioner; and\n\t(d)\tmust be received by the Electoral Commissioner not later than 4 days after the day for nomination; and\n\t(e)\tif 2 or more candidates form a group for the purposes of a Legislative Council election—must be jointly submitted by or on behalf of all candidates in the group; and\n\t(f)\tmust not identify a candidate—\n\t(i)\tby reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or\n\t(ia)\tby use of a word or set of words that comprises or contains the word \"Independent\" and—\n\t(A)\tthe name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or\n\t(B)\tmatter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym; or\n\t(ii)\tby the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b),\nunless the candidate provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that is signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that—\n\t(iii)\tthe candidate is endorsed by the party; or\n\t(iv)\tthe party has consented to the use of the relevant name or names or word or words; and\n\t(fa)\tmust not identify a candidate by use of the word \"Independent\" if the candidate is endorsed by a registered political party; and\n\t(g)\tmust, in relation to how‑to‑vote cards submitted by or on behalf of the same candidate or group of candidates, be in identical form.\n\t(3)\tThe form of a poster prepared under this section will, subject to this section, be as determined by the Electoral Commissioner.\n\t(4)\tThe order in which material is displayed in a poster or posters prepared under this section will correspond to the order in which the names of candidates will appear on the relevant ballot paper.\n\t(5)\tThe presiding officer at each polling booth must ensure that posters prepared for use in polling booths on polling day are displayed in a prominent position in the polling booth (in accordance with any directions issued by the Electoral Commissioner) and that a poster prepared under subsection (1) in relation to the relevant House of Assembly election is displayed in each voting compartment.\nDivision 4—Scrutineers\n67—Appointment of scrutineers\n\t(1)\tEach candidate may appoint 1 or more scrutineers for the purposes of an election.\n\t(2)\tA person cannot act as a scrutineer at a particular place on behalf of a candidate unless or until a copy of a written notice of appointment of the person as a scrutineer, signed by the candidate, is presented to the officer presiding at that place.\n\t(3)\tExcept where the returning officer allows a greater number of scrutineers—\n\t(a)\tfor each polling booth there must not be more than two scrutineers in respect of each individual candidate or group of candidates;\n\t(b)\tfor each counting centre there must not be more than—\n\t(i)\ttwo scrutineers in respect of each individual candidate or group of candidates; or\n\t(ii)\tif counting of votes takes place simultaneously at two or more places in the counting centre—one scrutineer for each such place in respect of each individual candidate or group of candidates.\n\t(4)\tA scrutineer may, by notice given to the officer presiding at a polling booth or counting centre, appoint a substitute to act for him or her during a temporary absence of the scrutineer from the polling booth or counting centre.\nDivision 5—Certified list of electors\n68—Certified list of electors\n\t(1)\tThe relevant electoral registrars in relation to a district must, as soon as practicable after the date fixed for the closing of the rolls for an election, supply the Electoral Commissioner with a certified list of the electors enrolled for the district.\n\t(2)\tThe Electoral Commissioner must, as soon as practicable after receipt of the certified list of electors for a district, supply the returning officer for the district with a copy of the certified list of electors.\n","sortOrder":23},{"sectionNumber":"Part 9","sectionType":"part","heading":"Voting","content":"Part 9—Voting\nDivision 1—Entitlement to vote\n69—Entitlement to vote\n\t(1)\tSubject to this section, a person is entitled to vote at an election if he or she is enrolled for the district in which the election is held.\n\t(1a)\tA person is entitled to vote at an election for a district if the person—\n\t(a)\tis entitled to be enrolled on the electoral roll for the district (other than by way of transfer of enrolment); and\n\t(b)\tafter the close of rolls for the election and no later than 6 pm on polling day, makes a claim for enrolment in accordance with section 32.\n\t(1b)\tIf, in relation to a person claiming an entitlement to vote under subsection (1a), the district for which the person is entitled to be enrolled as an elector for the purposes of this Act is not able to be determined at the time of the making of the claim, the person is entitled to make a declaration vote for each district for which the person might be entitled to be enrolled, provided that—\n\t(a)\tan electoral registrar must, as soon as reasonably practicable after the making of the claim, determine the district for which the person is entitled to be enrolled as an elector; and\n\t(b)\tthe Electoral Commissioner must ensure that any declaration vote made in respect of a district for which the person is not entitled to be enrolled is not accepted in the counting of votes for the purposes of the election.\n\t(2)\tA person is not entitled to vote at an election if—\n\t(a)\the or she was provisionally enrolled; and\n\t(b)\the or she has not, as at polling day, attained the age of 18 years.\n\t(4)\tExcept as otherwise provided in this Act, the enrolment of a person on a district roll is conclusive evidence of the right of that person to vote at an election for that district.\n70—Errors etc in roll not to forfeit entitlement to vote\n\t(1)\tNo error or omission in the roll disqualifies an elector from voting.\n\t(2)\tNo elector is disqualified from voting under the name appearing in the roll because the elector's name has been changed by marriage.\nDivision 2—General provisions as to voting\n71—Manner of voting\n\t(1)\tAn elector who is entitled to vote at an election may exercise that vote—\n\t(a)\tby attending at a polling place (including a pre‑polling centre) for the district for which he or she is enrolled and voting in the manner prescribed by this Act; or\n\t(ab)\tby attending at—\n\t(i)\ta pre‑polling centre; or\n\t(ii)\ta polling place on polling day,\nthat is not a pre‑polling centre or polling place for the district for which the elector is enrolled, and voting in the manner prescribed by this Act; or\n\t(b)\tin the case of an elector entitled to do so by virtue of subsection (2)—by making a declaration vote.\n\t(1a)\tHowever, a person to whom section 69(1a) applies may only exercise their vote by making a declaration vote.\n\t(2)\tAn elector—\n\t(a)\twho—\n\t(i)\tattends a pre‑polling centre, or a polling booth at a polling place on polling day, that is not a pre‑polling centre or polling place for the district for which the elector is enrolled; and\n\t(ii)\tcannot exercise their vote in accordance with subsection (1)(ab); or\n\t(b)\twho—\n\t(i)\twill not, throughout the hours of polling on polling day, be within 8 kilometres by the nearest practicable route of any polling booth; or\n\t(ii)\twill, throughout the hours of polling on polling day, be travelling under conditions that preclude voting at a polling booth; or\n\t(iii)\tis, by reason of illness, infirmity or disability, precluded from voting at a polling booth; or\n\t(iv)\tis, by reason of caring for a person who is ill, infirm or disabled, precluded from voting at a polling booth; or\n\t(v)\tis, by reason of advanced pregnancy, precluded from voting at a polling booth; or\n\t(vi)\tis, by reason of membership in a religious order, or religious beliefs, precluded from attending at a polling booth or precluded from voting throughout the hours of polling on polling day or the greater part of those hours; or\n\t(vii)\tis, for a reason of a prescribed nature, precluded from voting at a polling booth; or\n\t(ba)\twho—\n\t(i)\twill be working in his or her employment throughout the hours of polling; and\n\t(ii)\tcould not reasonably be expected to be absent from work for the purpose of voting; or\n\t(c)\twho is a resident of a declared institution; or\n\t(d)\twhose name, as a result of an official error, does not appear on the certified list of electors for a district; or\n\t(e)\twho appears from a record erroneously made under this Act to have voted already in the election; or\n\t(f)\twhose address has been suppressed from publication under Part 4 Division 2,\nis entitled to make a declaration vote.\n\t(3)\tIn addition, a person whose name has been removed from the electoral roll by virtue of an objection under Part 5 Division 4 is entitled to make a declaration vote at an election if—\n\t(a)\tthe ground for the objection was that the person failed to notify an electoral registrar of a change of address in accordance with the requirements of this Act; and\n\t(b)\tthe previous address and the new address are both in the same House of Assembly district.\n\t(4)\tA person who satisfies the requirements of subsection (3) will be taken to be an elector for the purposes of the other provisions of this Act (with respect to the election or elections held on the day in relation to which the entitlement under that subsection arises).\n72—Questions to be put to person claiming to vote\n\t(1)\tAn authorised officer must, before issuing voting papers to a person who appears personally before him or her claiming to vote, put the following questions to that person:\n\t(a)\tsuch questions as are necessary to establish the identity and the address of the principal place of residence of the claimant; and\n\t(b)\tthe following question: Have you voted before in this election? or Have you voted before in these elections? (as the case requires),\nand may put such further questions as are necessary to establish whether the claimant is entitled to vote.\n\t(2)\tIf a person claiming to vote to whom questions are put under this section—\n\t(a)\trefuses to answer fully any such question;\n\t(b)\tso answers any such question as to indicate that he or she is not entitled to vote,\nthe person's claim to vote must be rejected.\n73—Issue of voting papers\n\t(1)\tVoting papers may be issued to an elector claiming to vote by an officer authorised for the purpose.\n\t(2)\tDeclaration voting papers must not be issued to an elector (not being a registered declaration voter) except on an application made in the prescribed manner, and such an application must be supported by a written declaration of the ground of the applicant's entitlement to make a declaration vote, which—\n\t(a)\tif the application is made orally—must be made before the officer to whom the application is made; or\n\t(b)\tif the application is made in writing—must be made in the application.\n\t(3)\tWhen a ballot paper is issued to a voter it must be authenticated—\n\t(a)\tby the initials of the officer by whom it is issued; or\n\t(b)\tby a prescribed mark.\n\t(4)\tAn exact record must be kept of all persons to whom ballot papers are issued.\n74—Issue of declaration voting papers by post or other means\n\t(1)\tDeclaration voting papers must be issued under this section in respect of an election—\n\t(a)\tto any elector who is entitled to vote at the election and is registered on the register of declaration voters maintained under this section; or\n\t(b)\tto an elector who applies for the issue of declaration voting papers in the manner determined by the Electoral Commissioner and within the designated time.\n\t(2)\tAn officer who receives an application before the designated time must ensure that they respond to the applicant as soon as practicable after receipt of the application.\n\t(2a)\tDeclaration voting papers under subsection (1) or a response under subsection (2) may be issued or dispatched—\n\t(a)\tby post; or\n\t(b)\tin some other manner prescribed by the regulations.\n\t(3)\tIf an elector, on application to the Electoral Commissioner, satisfies the Electoral Commissioner that—\n\t(a)\tthe elector's address has been suppressed from publication under Part 4 Division 2; or\n\t(b)\tbecause of—\n\t(i)\tphysical disability; or\n\t(ii)\tmembership of a religious order or religious beliefs; or\n\t(iii)\tcaring for a person who is seriously ill, infirm or disabled,\nthe elector is likely to be precluded from attending at polling booths to vote; or\n\t(c)\tthe elector's place of residence is not within 20 kilometres, by the shortest practicable route—\n\t(i)\tof any place likely to be a polling place appointed under this Act; or\n\t(ii)\tof any place likely to constitute the site of a mobile polling booth established under this Act,\nthe Electoral Commissioner may register the elector as a declaration voter.\n\t(3a)\tAn application under this section for the issue of declaration voting papers to an elector, or for registration of an elector as a declaration voter, may be made by a person other than the elector if the application is accompanied by a certificate from a medical practitioner, in a form approved by the Electoral Commissioner, certifying that the elector is, because of physical disability, unable to make the application in the prescribed manner.\n\t(4)\tThe Electoral Commissioner must maintain a register of electors who are declaration voters containing the following information in relation to each elector:\n\t(a)\tthe surname; and\n\t(b)\tthe Christian or given names; and\n\t(c)\tother than in the case of an elector whose address has been suppressed from publication under Part 4 Division 2—\n\t(i)\tthe address of the principal place of residence; and\n\t(ii)\tif an elector has provided an address to which declaration voting papers are to be issued that is different from the address of the principal place of residence—the address to which the papers are to be issued.\n\t(5)\tThe Electoral Commissioner must from time to time revise the register of declaration voters.\n\t(6)\tA person may inspect the register of declaration voters at the office of the Electoral Commissioner and, on payment of a fee to be determined by the Electoral Commissioner, may be given a copy of, or of any part of, the register.\n\t(6a)\tThe Electoral Commissioner must, on request, provide (in a form determined by the Electoral Commissioner)—\n\t(a)\tthe registered officer of a registered political party with a copy of the information contained in the register in relation to electors in any district; or\n\t(b)\ta person who is a nominated candidate in an election with a copy of the information contained in the register in relation to electors for—\n\t(i)\tin the case of a person who is a candidate in an election for a House of Assembly district—that district; or\n\t(ii)\tin the case of a person who is a candidate in a Legislative Council election—the Legislative Council district.\n\t(6b)\tIf a copy of information contained in the register is provided to a person under subsection (6a), a person who uses that copy, or information contained in that copy, for a purpose other than the distribution of matter calculated to affect the result of a State election or purposes related to the holding of such election is guilty of an offence.\n\t(7)\tA person who is given an application by an elector for the issue of declaration voting papers under this section on the basis that the person will deliver the application to the appropriate officer must transmit the application to the appropriate officer as soon as possible.\nMaximum penalty: $1 250.\ndesignated time means—\n\t(a)\tin the case of an applicant who applies for the issue of declaration voting papers to an address within the State—5 pm on the Tuesday immediately preceding polling day; and\n\t(b)\tin any other case—5 pm on the Friday falling 8 days before polling day.\n74A—Offence to distribute application form for issue of declaration voting papers\n\t(1)\tA person, other than a person acting under the authority of the Electoral Commissioner, must not distribute, or cause or permit to be distributed, to an elector—\n\t(a)\ta form for, or purporting to be for, the application for the issue of declaration voting papers (an application form); or\n\t(b)\tmaterial containing, or purporting to contain, a link, code or other means by which an elector is able to apply for the issue of declaration voting papers.\n\t(1a)\tIt is not an offence against subsection (1) for a person to distribute, or cause or permit to be distributed, an application form if—\n\t(a)\tthe form is provided by or under the authority of the Electoral Commissioner; and\n\t(b)\tthe form is distributed at—\n\t(i)\ta post office; or\n\t(ii)\tany other place determined by the Electoral Commissioner.\ndistribute an application form or material includes make the form or material available (including in electronic form) to other persons.\n75—Fresh ballot paper may be issued where ballot paper spoiled\nIf a person to whom voting papers have been issued satisfies the officer by whom they were issued, or some other officer with authority to issue voting papers, that the voting papers have been inadvertently spoiled, the person is, on delivering up the papers to the officer, entitled to fresh voting papers.\nDivision 3—Indication of vote\n76—Method of voting at elections\n\t(1)\tIn a Legislative Council election a voter must mark his or her vote on the ballot paper as follows:\n\t(a)\tby placing the number 1 in the square printed opposite the name of the candidate for whom he or she votes as his or her first preference and consecutive numbers in the squares printed opposite the names of other candidates so as to indicate the order of preference for not less than 12 candidates in total (or, if there are 12 or fewer candidates in the election, so as to indicate the order of preference for all remaining candidates); or\n\t(b)\tif the ballot paper contains 1 or more group voting squares—by placing the number 1 in the square that relates to the group of candidates for whom the voter votes as his or her first preference and, if the voter so desires, by placing the number 2 and consecutive numbers in the group voting squares that relate to other groups of candidates in the order of the voter's preference for them (but not so as to be required to indicate a preference for all groups of candidates).\n\t(2)\tIn a House of Assembly election, a voter must mark his or her vote on the ballot paper by placing the number 1 in the square opposite the name of the candidate for whom he or she votes as his or her first preference, and consecutive numbers in the squares opposite the names of the remaining candidates so as to indicate the order of preference for all candidates.\n\t(3)\tFor the purposes of this Act, where a voter places a tick or a cross on a ballot paper, the tick or cross will be taken to be equivalent to the number 1.\nDivision 4—Voting at polling booths\n77—Times and places for polling\n\t(1)\tPolling is to be conducted—\n\t(a)\tat an appointed polling place—in the polling booth established for that place;\n\t(b)\tat such other places within a remote subdivision as may be determined by the Electoral Commissioner—in a mobile polling booth.\n\t(2)\tPolling at a polling booth (other than a polling booth at a pre‑polling centre) must be conducted at the following times:\n\t(a)\tin the case of polling at a polling booth at an appointed polling place—\n\t(i)\tthe poll must open at 8 a.m. on polling day and must not close until all electors present in the polling booth at 6 p.m., and desiring to vote, have voted; and\n\t(ii)\tthe doors of the polling booth must be closed at 6 p.m. and no person may be admitted after that hour to the polling booth for the purpose of voting;\n\t(b)\tin the case of polling at a mobile polling booth in a remote subdivision—the poll must open and close at such times (being times that fall within the 12 days up to and including polling day) as may be determined by the Electoral Commissioner.\n\t(2a)\tPolling at a polling booth at a pre‑polling centre—\n\t(a)\tmay only be conducted within the 7 days before polling day; and\n\t(b)\tmust be conducted between 9 am and 5 pm (or for a longer duration determined by the Electoral Commissioner) on at least 6 of those days.\n\t(3)\tThe Electoral Commissioner must, by notice published in a newspaper circulating generally throughout the State, advise the times and places for polling at a mobile polling booth.\n\t(3a)\tThe times or places for polling at a mobile polling booth may be altered—\n\t(a)\t—\n\t(i)\tby the Electoral Commissioner publishing in a newspaper circulating generally throughout the State no later than the day before the day previously fixed for polling at a particular place another notice advising electors of the alteration in polling times at that place, or of the alteration of the place for polling; and\n\t(ii)\tif it is apparent that the newspaper referred to in subparagraph (i) will not be widely available in the relevant subdivision before the day previously fixed for polling—\n\t(A)\tby the Electoral Commissioner publishing a further notice advising electors of the alteration in a local newspaper that will circulate in that subdivision before that day; or\n\t(B)\tif there is no such newspaper—by the Electoral Commissioner taking such steps as are reasonably practicable to notify electors in the particular subdivision of the alteration; or\n\t(b)\tin exceptional circumstances that render compliance with paragraph (a) impracticable—by the presiding officer taking such steps as are reasonably practicable to notify electors in the particular subdivision of the alteration.\n\t(3b)\tWhere the times or places for polling at a mobile polling booth in a House of Assembly election are altered, the Electoral Commissioner or presiding officer making the alteration must take reasonable steps to inform candidates standing for election in the particular district of the alteration.\n\t(4)\tWhere an election is held in some districts only, it is not necessary to open polling booths in districts in which no election is held.\n78—Right of elector to receive ballot paper\n\t(1)\tSubject to this Act, where an elector who is entitled to vote in an election attends at a polling booth and claims to vote, a ballot paper must be issued to that elector.\n\t(2)\tWhere a person claiming to vote is entitled, and applies, to make a declaration vote, the appropriate declaration voting papers must be issued to the person.\n\t(3)\tThe presiding officer must, at the request of a scrutineer, note any objection by the scrutineer to the right of any person to vote, and must keep a record of the objection.\n79—Vote to be marked in private\n\t(1)\tSubject to this Part, the voter, on receipt of the ballot paper (not being a declaration ballot paper) must without delay—\n\t(a)\tretire alone to some unoccupied compartment of the booth, and there, in private, mark his or her vote on the ballot paper; and\n\t(b)\tin the case of an elector exercising their vote in accordance with section 71(1)(ab)—enclose the ballot paper in the envelope provided by the officer who issued the voting papers; and\n\t(ba)\tfold the ballot paper and—\n\t(i)\tin the case of a ballot paper of a kind referred to in paragraph (b)—deposit it in a ballot box designated for such ballot papers; or\n\t(ii)\tin any other case—deposit the ballot paper in the ballot box; and\n\t(c)\tleave the booth.\n\t(2)\tSubject to this Part, where the voter makes a declaration vote, the voter must—\n\t(a)\tsign the appropriate declaration on the envelope that is to contain the ballot paper in the presence of an officer (who must sign the envelope as witness); and\n\t(b)\tretire alone to some unoccupied compartment of the booth and there, in private, mark his or her vote on the ballot paper; and\n\t(c)\tenclose the ballot paper in the envelope, seal the envelope and deposit it in the ballot box; and\n\t(d)\tleave the booth.\n80—Voter may be accompanied by an assistant in certain circumstances\n\t(1)\tSubject to this section, if a voter satisfies the presiding officer that he or she is unable to vote without assistance, the voter may be accompanied by an assistant of his or her choice while in the polling booth.\n\t(2)\tThe presiding officer may express disapproval of a person chosen to assist a voter under this section and, in that event, some other person, acceptable to the presiding officer, must be chosen by the voter.\n\t(3)\tThe assistant may assist the voter in any of the following ways:\n\t(a)\tby acting as an interpreter;\n\t(b)\tby explaining the ballot paper, and the voter's obligations under this Act in relation to the marking of the ballot paper, to the voter;\n\t(c)\tby assisting the voter to mark the ballot paper, or by marking the ballot paper at the voter's direction;\n\t(d)\tby—\n\t(i)\tin the case of a voter exercising their vote in accordance with section 71(1)(ab)—folding the ballot paper, enclosing it in the envelope provided by the officer who issued the voting papers and depositing the envelope in a ballot box designated for such ballot papers; or\n\t(ii)\tin any other case—folding and depositing the ballot paper in the ballot box;\n\t(e)\tin the case of a voter making a declaration vote—\n\t(i)\tby assisting the voter to complete the appropriate declaration on the envelope; or\n\t(ii)\tif the voter is unable to do so—by completing and signing the declaration on the voter's behalf in the presence of an officer (who must sign the envelope as witness); or\n\t(iii)\tby folding and placing the ballot paper in the appropriate envelope and sealing the envelope.\n\t(4)\tA candidate, or a scrutineer appointed by a candidate, must not act as an assistant under this section.\n80A—Voting near polling booth in certain circumstances\n\t(1)\tIf a voter satisfies the presiding officer that the voter is unable (because of illness, disability, advanced pregnancy or other condition) to enter the polling booth to vote, the presiding officer may allow the voter to vote at or near the polling place outside of the polling booth.\n\t(2)\tThe presiding officer must, before issuing the voter with a ballot paper, inform any scrutineers present of the proposed action and invite 1 scrutineer for each candidate to be present at the place where the voting will occur.\n\t(3)\tThe following provisions apply to a voter to whom subsection (1) applies:\n\t(a1)\tin the case of a voter exercising their vote in accordance with section 71(1)(ab)—after the voter has marked a vote on the ballot paper, the presiding officer must, in the presence of the scrutineers, ensure that the ballot paper is folded to conceal the vote and placed in an envelope that is then sealed and deposited in a ballot box designated for such ballot papers;\n\t(a)\tin the case of a voter casting any other ordinary vote—after the voter has marked a vote on the ballot paper, the presiding officer must, in the presence of the scrutineers, ensure—\n\t(i)\tthat the ballot paper is folded to conceal the vote and placed in an envelope that is then sealed; and\n\t(ii)\tthat the envelope is opened inside the polling booth and the folded ballot paper is placed in the ballot box;\n\t(b)\tin the case of a voter casting a declaration vote—the voter must—\n\t(i)\tsign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness); and\n\t(ii)\tmark a vote on the ballot paper and fold it so as to conceal the vote; and\n\t(iii)\tplace the ballot paper in the envelope provided and seal the envelope,\nand the presiding officer must then, in the presence of the scrutineers, ensure that the envelope is deposited in the ballot box;\n\t(c)\tif a voter satisfies the presiding officer that the voter is unable to vote without assistance, the voter may be assisted in accordance with section 80 as if the voter were in the polling booth.\n81—Voting by elector to whom declaration voting papers have been issued\nAn elector to whom declaration voting papers have been issued (otherwise than at a polling booth) is entitled to an ordinary vote at a polling booth, but a declaration ballot paper purporting to be a ballot paper of that elector must not be admitted to the scrutiny.\nDivision 5—Declaration voting\n82—Declaration vote, how made\n\t(1)\tAn elector who is entitled, and desires, to make a declaration vote must vote in the following manner:\n\t(a)\tif the vote is taken at a polling booth—it must be taken in the manner set out in Division 4;\n\t(b)\tif the declaration voting papers are issued to the elector personally but not at a polling booth—the vote must be taken before the officer issuing the declaration voting papers;\n\t(c)\tif the declaration voting papers are issued to the elector under section 74(2a)—the vote must be taken before an authorised witness.\n\t(2)\tSubject to this Part, if an elector makes a declaration vote otherwise than at a polling booth, he or she must—\n\t(a)\tunless the elector is an elector referred to in section 74(3a), sign the appropriate declaration on the envelope (which must be signed by the person before whom the vote is taken as witness);\n\t(b)\tmark his or her vote, in private, on the ballot paper and fold it so as to conceal the vote;\n\t(c)\tplace the ballot paper in the envelope provided and seal the envelope;\n\t(d)\t—\n\t(i)\tif the vote is taken before an officer—the envelope must then be deposited in a ballot box, or placed in another secured facility, or immediately transmitted or caused to be transmitted by the officer before whom the vote was taken to the appropriate returning officer;\n\t(ii)\tif the vote is taken before an authorised witness who is not an officer—the envelope must be lodged with the returning officer for the appropriate district before the close of poll on polling day, or delivered or sent by post so as to reach that returning officer, before the expiration of 7 days from the close of poll.\n\t(3)\tAn elector who satisfies the person before whom he or she is to make a declaration vote (otherwise than at a polling booth) that he or she is unable to vote without assistance may be assisted by—\n\t(a)\tthe person before whom the vote is taken; or\n\t(b)\ta person who is acceptable to that person.\n\t(4)\tThe assistant may assist the voter in any of the following ways:\n\t(a)\tby acting as an interpreter;\n\t(b)\tby explaining the ballot paper and the voter's obligations under this Act in relation to the marking of the ballot paper;\n\t(c)\tby assisting the voter to mark the ballot paper, or by marking the ballot paper at the voter's direction;\n\t(d)\tby folding the ballot paper, placing it in the appropriate envelope and sealing the envelope;\n\t(e)\tby assisting the voter to complete the appropriate declaration on the envelope;\n\t(f)\tby depositing the envelope in a ballot box, or lodging it with, or forwarding it by post to, the appropriate district returning officer (as the case may require).\n\t(4a)\tA person who is given an envelope containing a declaration vote of an elector for transmission to a returning officer must lodge it with, or forward it by post to, the appropriate district returning officer as soon as possible.\nMaximum penalty: $1 250.\n\t(5)\tWhere an elector makes a declaration vote before an officer (otherwise than in a polling booth) the officer must make available for the assistance of the elector copies of any how-to-vote cards and other electoral materials in the possession of the officer that are to be exhibited in the polling booth on polling day.\n\t(6)\tA person who—\n\t(a)\tmakes a declaration vote after the close of poll on polling day; or\n\t(b)\twhen acting as an authorised witness to a declaration vote, falsely certifies that the declaration vote was made before the close of poll on polling day; or\n\t(c)\tdelivers or posts to a returning officer under subsection (2) an envelope containing a declaration vote knowing that the vote was made after the close of poll on polling day,\n83—Taking of declaration votes by electoral visitors\n\t(1)\tThe Electoral Commissioner may, by notice published in the Gazette—\n\t(a)\tdeclare the whole or a specified part of an institution to be a declared institution; or\n\t(b)\tvary or revoke a declaration under this section.\n\t(2)\tThe Electoral Commissioner must, in respect of each election—\n\t(a)\tappoint a sufficient number of assistant returning officers to be electoral visitors; and\n\t(b)\tmake the necessary arrangements for all declared institutions within the district in which the election is being held to be visited by electoral visitors so that the votes of those persons at the declared institution who are entitled to declaration votes may be taken before them.\n\t(3)\tA declared institution may be visited under this section at any time between the expiration of 3 days from the date fixed for the nomination and the close of poll on polling day.\n\t(4)\tAn electoral visitor may require the person apparently in charge of a declared institution to furnish him or her with the following information:\n\t(a)\tthe names and addresses of the residents of the institution; and\n\t(b)\tany other information that is reasonably required in order to determine whether a resident is entitled to exercise a declaration vote.\n\t(5)\tA person who—\n\t(a)\thinders an electoral visitor in the exercise of functions under this section; or\n\t(b)\trefuses or fails, without reasonable excuse, to furnish information when required to do so under subsection (4),\n\t(6)\tA person must not counsel or procure 2 or more residents of a declared institution to make applications by post for the issue of declaration voting papers.\n84—Security of facilities\nAll ballot boxes or other secured facilities containing declaration ballot papers must be opened and the ballot papers forwarded as soon as practicable to the appropriate returning officers or deputy returning officers.\nDivision 5A—Electronically assisted voting for sight‑impaired electors\n84A—Electronically assisted voting for sight‑impaired electors\n\t(1)\tThe regulations may make provision in relation to voting in an election by sight‑impaired electors by means of an electronically assisted voting method.\n\t(2)\tWithout limiting the generality of subsection (1), regulations made for the purposes of this Division may—\n\t(a)\tdetermine, or provide for the determination of, the following:\n\t(i)\tthe electronically assisted voting method;\n\t(ii)\tmatters related to the voting using the electronically assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy;\n\t(iii)\tthe number of places where the electronically assisted voting method is to be available, the location of those places and the days and times at which the method is to be available;\n\t(iv)\twhich electors may use the electronically assisted voting method; and\n\t(b)\trequire the making of a record of each person who has voted using the electronically assisted voting method; and\n\t(c)\tspecify the information that is to be included in a record; and\n\t(d)\tprovide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and\n\t(e)\tprovide for the appointment by the Electoral Commissioner of officers in relation to the conduct of the electronically assisted voting method; and\n\t(f)\tprovide for the application of this Act, or provisions of this Act, in relation to votes cast using the electronically assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and\n\t(g)\tmake provision for any other matters related to electronically assisted voting.\n\t(3)\tTo avoid doubt, nothing in this Division (or in regulations made for the purposes of this Division) authorises any elector to vote more than once at an election.\nsight‑impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance.\n84B—Applying provisions of Act to elector using electronic assisted voting\n\t(1)\tThe prescribed electronically assisted voting method must be such that an elector using the method in relation to an election—\n\t(a)\treceives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election that the elector would be given if the elector were voting at a polling booth under this Part; and\n\t(b)\tis able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper.\n\t(2)\tSubject to this Division, if an elector votes using the electronically assisted voting method (an electronically assisted vote)—\n\t(a)\tthis Act applies (subject to any modifications prescribed under section 84A(2)(f)) in relation to an electronically assisted vote as if it were a declaration vote; and\n\t(b)\tthe record of the electronically assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and\n\t(c)\tthe requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied.\n84C—Electoral Commissioner may determine that electronically assisted voting is not to be used\n\t(1)\tThe Electoral Commissioner may, by notice in the Gazette, determine that the prescribed electronically assisted voting method is not to be used either generally or at 1 or more specified places.\n\t(2)\tA notice under subsection (1) must specify the election in respect of which the determination applies.\n","sortOrder":24},{"sectionNumber":"Div 5B","sectionType":"division","heading":"Voting for eligible electors using telecommunications technology","content":"Division 5B—Voting for eligible electors using telecommunications technology\n84D—Voting for eligible electors using telecommunications technology\n\t(1)\tAn eligible elector is entitled to vote in an election using a telecommunications technology voting method prescribed by the regulations.\n\t(2)\tWithout limiting subsection (1) but subject to this section, regulations made for the purposes of subsection (1) may—\n\t(a)\tdetermine the telecommunications technology voting method to be used; and\n\t(b)\tprovide for matters related to the voting using the telecommunications technology voting method (including, without limitation, matters relating to the provision of assistance to eligible electors using the method, requirements relating to the use of the method, the making of records of each eligible elector who voted using the method and matters of privacy and secrecy); and\n\t(c)\tprovide for the application of this Act, or provisions of this Act, in relation to votes cast using the telecommunications technology voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and\n\t(d)\tprovide for any other matters related to the telecommunications technology voting method.\n\t(3)\tSubject to this Division, if an eligible elector votes using the telecommunications technology voting method (a telecommunications technology vote)—\n\t(a)\tthis Act applies (subject to any modifications prescribed under subsection (2)(c)) in relation to a telecommunications technology vote as if it were a declaration vote; and\n\t(b)\tthe record of the telecommunications technology vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and\n\t(c)\tthe requirements of this Act in relation to the eligible elector's right to receive a ballot paper are to be taken to have been satisfied.\neligible elector means—\n\t(a)\ta sight‑impaired elector; or\n\t(b)\tan elector who otherwise cannot vote without assistance because of motor impairment;\ntelecommunications technology means technology that facilitates audio or video communication (or both) between 2 or more persons over a carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth).\nDivision 6—Compulsory voting\n85—Compulsory voting\n\t(1)\tSubject to subsection (2), it is the duty of every elector to record his or her vote at each election in a district for which the elector is enrolled.\n\t(2)\tAn elector who leaves the ballot paper unmarked but who otherwise observes the formalities of voting is not in breach of the duty imposed by subsection (1).\n\t(3)\tWithin the prescribed period after the close of each election, the Electoral Commissioner must send by post to each elector who appears not to have voted at the election a notice, in the prescribed form—\n\t(a)\tnotifying the elector that he or she appears to have failed to vote at the election and that it is an offence to fail to vote at an election without a valid and sufficient reason; and\n\t(b)\tcalling on him or her to show cause why proceedings for failing to vote at the election without a valid and sufficient reason should not be instituted against him or her,\nbut the Electoral Commissioner, if satisfied that the elector is dead or had a valid and sufficient reason for not voting, need not send such a notice.\n\t(4)\tBefore sending any such notice, the Electoral Commissioner must insert in the notice a date, not being less than 21 days after the date of posting of the notice, on which the form attached to the notice, duly filled up and signed by the elector, is to be in the hands of the Electoral Commissioner.\n\t(5)\tEvery elector to whom a notice under this section has been sent must complete the form in the indicated place by stating the reasons (if any) why proceedings for failing to vote at the election should not be instituted against him or her, and then sign the form and return it to the Electoral Commissioner not later than the date inserted in the notice.\n\t(6)\tIf an elector is absent or unable, by reason of physical incapacity, to complete, sign and return the form, within the time allowed under subsection (4), any other elector who has personal knowledge of the facts may complete, sign and return the form, duly witnessed, within that time, and, in that case, the elector will be taken to have complied with subsection (5).\n\t(7)\tAn elector must not—\n\t(a)\tfail to vote at an election without a valid and sufficient reason for the failure; or\n\t(b)\ton receipt of a notice under subsection (3), fail to complete, sign and return the form (duly witnessed) that is attached to the notice within the time allowed under subsection (4).\nMaximum penalty: $50.\nExpiation fee: $10.\n\t(8)\tAn elector has a valid and sufficient reason for failing to vote at an election if—\n\t(a)\tthe elector was ineligible to vote at the election; or\n\t(b)\tthe elector was absent from the State on polling day; or\n\t(c)\tthe elector had a conscientious objection, based on religious grounds, to voting at the election; or\n\t(ca)\tthe elector is an itinerant elector; or\n\t(d)\tthere is some other proper reason for the elector's failure to vote.\n\t(9)\tA prosecution for an offence against this section—\n\t(a)\tcannot be commenced except by the Electoral Commissioner or an officer authorised in writing by the Electoral Commissioner;\n\t(b)\tin the case of a prosecution for failing to vote at an election or failing to return a notice to the Electoral Commissioner in accordance with subsection (4)—may be commenced at any time within 12 months of polling day.\n\t(10)\tIn proceedings for an offence against this section—\n\t(a)\ta certificate apparently signed by the Electoral Commissioner certifying that an officer named in the certificate was authorised to commence the prosecution will, in the absence of proof to the contrary, be accepted as proof of that authority;\n\t(b)\ta certificate apparently signed by an officer certifying that the defendant failed to vote at a particular election will be accepted as proof of that failure to vote in the absence of proof to the contrary;\n\t(c)\ta certificate apparently signed by an officer certifying that a notice under subsection (3) was posted to an elector, at the address appearing on the electoral roll or at a postal address provided by the elector, on a date specified in the certificate, will be accepted, in the absence of proof to the contrary, as proof—\n\t(i)\tthat the notice was duly sent to the elector on that date; and\n\t(ii)\tthat the notice complied with the requirements of this Act; and\n\t(iii)\tthat it was received by the elector on the date on which it would, in the ordinary course of post, have reached the address to which it was posted;\n\t(d)\ta certificate apparently signed by an officer certifying that the defendant failed to return a form under this section to the Electoral Commissioner within the time allowed under subsection (4) will be accepted, in the absence of proof to the contrary, as proof of the failure to return the form within that time.\n\t(11)\tIn this section—\nitinerant elector means—\n\t(a)\ta person enrolled as an elector under section 31A; or\n\t(b)\tan itinerant elector within the meaning of the Commonwealth Electoral Act 1918.\nDivision 7—Miscellaneous\n86—Presiding officer may appoint substitute\n\t(1)\tThe presiding officer at a polling booth may appoint a suitable person to act in the position during a temporary absence of the presiding officer from the polling booth.\n\t(2)\tA person appointed under subsection (1) has, while acting in the position of the presiding officer, all the powers, functions and responsibilities of the presiding officer.\n87—Ballot boxes or other facilities to be kept secure\n\t(1)\tSubject to subsection (2), a ballot box or other facility used for keeping voting papers must be kept securely closed and sealed so as to prevent the introduction or removal of any paper or object except—\n\t(a)\twhen it is immediately required for the purpose of receiving voting papers; or\n\t(b)\twhen the voting papers are required for the purposes of scrutiny.\n\t(2)\tAn officer must, before voting papers are first deposited in a ballot box or other secured facility for the purposes of an election, publicly exhibit it empty.\n88—Adjournment of polling\n\t(1)\tIf for any reason it is not practicable to proceed with polling at a polling place on polling day, the Electoral Commissioner may adjourn polling at that polling place for a period not exceeding 21 days.\n\t(2)\tWhere for any reason the polling is adjourned at any polling place, only those electors for the district for which the polling place is appointed who were entitled to vote on polling day and who have not already voted, are entitled to vote at the adjourned polling.\n","sortOrder":25},{"sectionNumber":"Part 10","sectionType":"part","heading":"The scrutiny","content":"Part 10—The scrutiny\nDivision 1—Preliminary\n89—Scrutiny\n\t(1)\tThe result of an election is to be ascertained by scrutiny.\n\t(2)\tThe scrutiny must commence as soon as practicable after the close of poll and may be adjourned from time to time as may be necessary until the counting of the votes is complete.\n\t(3)\tDespite subsection (2), the returning officer or a deputy returning officer may undertake a preliminary scrutiny of declaration voting papers (without opening any envelope) before the close of poll.\n90—Scrutineers\n\t(1)\tAll proceedings at the scrutiny are open to the inspection of the scrutineers.\n\t(2)\tIf a scrutineer objects to a ballot paper as being informal, the officer conducting the scrutiny must mark the ballot paper \"admitted\" or \"rejected\" according to his or her decision to admit or reject the ballot paper.\n\t(3)\tNothing in this section prevents the officer conducting the scrutiny from rejecting a ballot paper as informal although it is not objected to.\n91—Preliminary scrutiny\n\t(1)\tFor the purposes of the scrutiny of declaration voting papers, the returning officer or a deputy returning officer—\n\t(a)\tmust begin by producing the relevant applications for declaration voting papers and, unopened, the envelopes containing declaration ballot papers, being such envelopes received by him or her up to the end of the period of 7 days immediately following the close of the poll, or received by any other officer up to the close of the poll; and\n\t(b)\tmust then—\n\t(i)\tin the case of declaration voting papers of voters whose votes were not taken before an officer, if satisfied—\n\t(A)\tof the identity of the elector (which must be verified in accordance with the regulations); and\n\t(B)\tthat the vote was recorded before the close of the poll,\naccept the ballot paper for further scrutiny and proceed with the process by—\n\t(C)\ttearing off the extensions to the envelope flap on the envelope containing the ballot paper; and\n\t(D)\trearranging the envelopes that no longer bear their tear‑off extensions so that the anonymity of the voter is maintained; and\n\t(E)\twithdrawing the ballot paper from its envelope and placing it in a securely closed ballot box or other facility reserved for such ballot papers,\nbut, if the officer is not so satisfied, the officer must disallow the ballot paper without opening the envelope in which it is contained; or\n\t(ii)\tin the case of declaration voting papers of voters whose votes were taken before an officer, proceed with the process by—\n\t(A)\ttearing off the extensions to the envelope flap on the envelope containing the ballot paper; and\n\t(B)\trearranging the envelopes that no longer bear their tear‑off extensions so that the anonymity of the voter is maintained; and\n\t(C)\twithdrawing the ballot paper from its envelope and placing it in a securely closed ballot box or other facility reserved for such ballot papers,\nunless the officer determines that there is proper cause at this stage for not accepting the ballot paper for further scrutiny under this Act; and\n\t(c)\tmust then seal up in separate parcels and preserve—\n\t(i)\tall tear‑off extensions removed from envelopes; and\n\t(ii)\tall opened declaration envelopes relating to declaration ballot papers accepted for further scrutiny; and\n\t(iii)\tall unopened envelopes containing declaration ballot papers disallowed; and\n\t(d)\tmust then proceed with the scrutiny of the declaration ballot papers that have been accepted for further scrutiny.\n\t(1a)\tHowever, if a ballot paper for a House of Assembly election and a ballot paper for a Legislative Council election are contained in the same envelope, and the ballot paper for the Legislative Council election is to be accepted for further scrutiny but not the ballot paper for the House of Assembly election, the returning officer must—\n\t(a)\twithdraw the ballot paper for the Legislative Council election and place it in the securely closed and sealed ballot box or other facility reserved for declaration ballot papers accepted for further scrutiny; and\n\t(b)\tseal up the envelope with the disallowed ballot paper for the House of Assembly election; and\n\t(c)\tplace the envelope with the other envelopes containing disallowed declaration ballot papers.\n\t(1b)\tThe returning officer, when acting under subsection (1a), must comply with the following provisions:\n\t(a)\tthe returning officer must, if practicable, avoid removing the disallowed House of Assembly ballot paper from the envelope but, if not, both ballot papers may be removed from the envelope but the disallowed ballot paper for the House of Assembly must be returned to the envelope; and\n\t(b)\tthe returning officer must, if practicable, avoid unfolding the ballot papers before dealing with them as required by this section but, if not, the returning officer may unfold them to the extent necessary to separate them; and\n\t(c)\tthe returning officer must, as far as practicable, avoid looking at votes recorded on the ballot papers and must not allow anyone else to do so before dealing with them as required by this section.\n\t(2)\tIf, in conducting a scrutiny, it appears to a returning officer or deputy returning officer that 2 or more declaration ballot papers in respect of the same election have been received from the same elector, the returning officer or deputy returning officer must, subject to this section, accept the first such ballot paper that came into his or her hands and reject the remainder from further scrutiny.\nDivision 2—Interpretation and validity of ballot papers\n92—Interpretation of ballot papers in Legislative Council elections\n\t(1)\tThis section applies only in relation to a Legislative Council election.\n\t(2)\tIf 1 or more numbers, that are not disregarded under section 94(4b), are placed in group voting squares on a ballot paper in relation to groups of candidates (each group being a preferenced group), the ballot paper is taken to have been marked as if—\n\t(a)\teach candidate in a preferenced group was given a different number starting from 1; and\n\t(b)\tcandidates in a preferenced group were numbered consecutively starting with the candidate whose name on the ballot paper is at the top of the group to the candidate whose name is at the bottom; and\n\t(c)\tthe order in which candidates in different preferenced groups are numbered is worked out by reference to the order in which the groups were numbered on the ballot paper, starting with the group marked 1; and \n\t(d)\twhen all the candidates in a preferenced group have been numbered, the candidate whose name is at the top of the next preferenced group is given the next consecutive number.\n\t(3)\tIf a voter marks 1 or more group voting squares in accordance with subsection (2) but also indicates preferences for individual candidates, the following provisions apply:\n\t(a)\tif the indication of preferences for individual candidates would not, if it stood alone, constitute an informal vote, that indication of preferences will be taken to be the vote of the voter and any marks in the group voting squares will be disregarded;\n\t(b)\tif the indication of preferences for individual candidates would, if it stood alone, constitute an informal vote, the voter will be taken to have recorded their vote by the marking of the group voting square or squares in accordance with subsection (2) and all other purported indications of preferences will be disregarded.\n93—Interpretation of ballot papers in House of Assembly elections\n\t(1)\tThis section applies only in relation to a House of Assembly election.\n\t(2)\tWhere—\n\t(a)\ta voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and\n\t(b)\tthere is 1 voting ticket registered for the purposes of the election in relation to that candidate,\nthe ballot paper will be taken to have been marked in accordance with that voting ticket.\n\t(3)\tWhere—\n\t(a)\ta voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and indicates no further preference; and\n\t(b)\tthere are 2 voting tickets registered for the purposes of the election in relation to that candidate,\nthen the ballot paper is to be grouped with other ballot papers marked in the same manner and—\n\t(c)\tif the number of those ballot papers is an even number—half of them will be taken to have been marked in accordance with one ticket and half in accordance with the other; or\n\t(d)\tif the number of those ballot papers is not an even number—\n\t(i)\tone of the ballot papers will be taken to have been marked in accordance with whichever of the 2 tickets is determined by lot by the returning officer; and\n\t(ii)\thalf the remainder (if any) will be taken to have been marked in accordance with one ticket and half in accordance with the other.\n\t(4)\tWhere—\n\t(a)\ta voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and\n\t(b)\tthere is 1 voting ticket registered for the purposes of the election in relation to that candidate; and\n\t(c)\tthe preferences indicated by the voter are consistent with that voting ticket; and\n\t(d)\tthe ballot paper would, apart from this subsection, be informal,\nthe ballot paper will be taken to have been marked in accordance with that voting ticket.\n\t(5)\tWhere—\n\t(a)\ta voter marks a ballot paper by placing the number 1 in the square opposite the name of a particular candidate and proceeds to indicate further preferences by consecutive numbers; and\n\t(b)\tthere are 2 voting tickets registered for the purposes of the election in relation to the candidate; and\n\t(c)\tthe preferences indicated by the voter are consistent with one or both of those voting tickets; and\n\t(d)\tthe ballot paper would, apart from this subsection, be informal,\nthe ballot paper, if consistent with both voting tickets, will be treated as if it had been marked only with the number 1 and dealt with in accordance with subsection (3), but if it is consistent with one only of the voting tickets, it will be taken to have been marked in accordance with that voting ticket.\n94—Informal ballot papers\n\t(1)\tSubject to this section, a ballot paper is informal if—\n\t(a)\tit is not authenticated by the initials of the officer by whom it was issued, or by an official mark as prescribed; or\n\t(b)\t—\n\t(i)\tin the case of a ballot paper for a House of Assembly election—it has no vote indicated on it, or it does not indicate, in the manner required by this Act, the order of the voter's preference for all candidates in the election; or\n\t(ii)\tin the case of a ballot paper for a Legislative Council election—it has no vote indicated on it, or it does not indicate, in the manner required by this Act, the order of the voter's preference for candidates in the election; or\n\t(d)\tin the case of a ballot paper required by this Act to be deposited in a ballot box or other secured facility—it is not so deposited.\n\t(2)\tA ballot paper that is not duly authenticated by initials or an official mark is not informal by reason of subsection (1)(a) if the officer responsible for considering whether the ballot paper should be admitted is satisfied that it is an authentic ballot paper on which a voter has marked his or her vote.\n\t(3)\tWhere a voter indicates by consecutive numbers commencing with the number 1 the order of his or her preference for all candidates on a ballot paper for a House of Assembly election except one—\n\t(a)\tthe ballot paper is not informal; and\n\t(b)\tit will be presumed that the candidate for whom no preference is expressed is the one least preferred by the voter and that the voter has accordingly indicated the order of his or her preference for all candidates.\n\t(4)\tA ballot paper for a House of Assembly election to which effect can be given under the provisions of this Division relating to registered voting tickets is not informal by reason of subsection (1)(b)(i).\n\t(4a)\tA ballot paper for a Legislative Council election where there are more than 6 candidates is not informal under subsection (1)(b)(ii) if the voter has placed consecutive numbers (starting from the number 1) in the squares printed opposite the names of at least 6 candidates in total.\n\t(4b)\tFor the purposes of this Act, the following numbers placed in a square printed opposite the name of a candidate, or placed in a group voting square, on a ballot paper for a Legislative Council election are to be disregarded:\n\t(a)\tnumbers that are repeated and any higher numbers;\n\t(b)\tif a number is missed—any numbers that are higher than the missing number.\n\t(5)\tWhere a candidate in a Legislative Council election dies between the date of nomination and polling day—\n\t(a)\ta ballot paper is not informal by reason only—\n\t(i)\tof the inclusion on the ballot paper of the name of the deceased candidate; or\n\t(ii)\tof the marking of any consecutive number opposite that name; or\n\t(iii)\tof the omission to place any number opposite that name, or of any resultant failure to indicate in consecutive order the voter's preferences; and\n\t(b)\ta preference indicated on the ballot paper for that candidate must be ignored and subsequent preferences renumbered accordingly.\n\t(6)\tWhere—\n\t(a)\ta ballot paper has not been marked by a voter in the manner required by this Act; but\n\t(b)\tdespite that fact, the voter's intention is clear,\nthe ballot paper is not informal and will be counted as if the voter's intention had been properly expressed in the manner required by this Act.\n\t(7)\tA ballot paper is not informal except for a reason specified in this section.\nDivision 3—Counting of votes\n95—Scrutiny of votes in Legislative Council election\n\t(1)\tIn a Legislative Council election, the scrutiny must, subject to this Act, be conducted, and the vacancies must be filled, in the manner set out in this section.\n\t(2)\tEach assistant returning officer must, in the presence of an assistant presiding officer or a poll clerk, and of such authorised scrutineers as may attend—\n\t(a)\topen all ballot boxes sent to him or her, or received from polling places within or for that portion of the district in which he or she exercises his or her powers; and\n\t(ab)\tin relation to ballot papers of a kind referred to in sections 79(1)(b), 80(3)(d)(i) and 80A(3)(a1), withdraw the ballot papers from their envelopes; and\n\t(b)\treject all informal ballot papers, and arrange the unrejected ballot papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and\n\t(c)\tcount the first preference votes given for each candidate on all unrejected ballot papers; and\n\t(d)\tmake out and sign a statement setting out the number of first preference votes given for each candidate, and the number of informal ballot papers; and\n\t(e)\tplace in a separate parcel all the ballot papers which have been rejected as informal; and\n\t(f)\ttransmit the following information, in an expeditious manner, to the deputy returning officer for the division:\n\t(i)\tthe number of first preference votes given for each candidate; and\n\t(ii)\tthe total number of ballot papers rejected as informal; and\n\t(g)\tseal up the parcels and endorse on each parcel a description of its contents; and\n\t(h)\ttransmit the parcels to the deputy returning officer with the least possible delay, together with the statement specified in paragraph (d).\n\t(3)\tThe deputy returning officer must—\n\t(a)\topen all ballot boxes and other facilities used for keeping voting papers not opened by an assistant returning officer and must conduct the scrutiny of the ballot papers contained in those boxes or facilities, as far as practicable, in the manner described above; and\n\t(b)\tif authorised by the Electoral Commissioner—\n\t(i)\topen the sealed parcels of ballot papers received from the assistant returning officers that comprise ballot papers where voting has occurred by the use of a group voting square; and\n\t(ii)\tmake a fresh scrutiny of the ballot papers contained in those parcels, and for that purpose he or she has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given in the original scrutiny; and\n\t(iii)\tarrange the unrejected ballot papers so scrutinised by him or her under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate by virtue of the group voting square; and\n\t(iv)\tcount the first preference votes given for each candidate on all unrejected ballot papers arranged under subparagraph (iii); and\n\t(v)\tmake out and sign a statement setting out the number of first preference votes given for each candidate under subparagraph (iv), and the number of informal ballot papers under this paragraph; and\n\t(vi)\tplace in a separate parcel all the ballot papers which have been rejected as informal under this paragraph; and\n\t(c)\tseal up all parcels created under this subsection and endorse on each parcel a description of its contents; and\n\t(d)\tcomplete a return, in a form determined by the Electoral Commissioner, addressed to the returning officer for the Legislative Council; and\n\t(e)\ttransmit all voting papers, together with the return, to the returning officer for the Legislative Council.\n\t(4)\tSubject to subsection (4a), the returning officer for the Legislative Council must—\n\t(a)\topen the sealed parcels of ballot papers received from the deputy returning officers and make a fresh scrutiny of the ballot papers contained in the parcels, and for that purpose he or she has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision given by an assistant or deputy returning officer in relation to the original scrutiny; and\n\t(b)\tarrange the unrejected ballot papers so scrutinised by him or her under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and\n\t(c)\tcount the first preference votes given for each candidate on those ballot papers.\n\t(4a)\tThe returning officer may, to such extent as he or she determines to be appropriate, rely on any information contained in a return under subsection (3) in substitution for conducting a fresh scrutiny under subsection (4) (and that information will then, to the extent determined by the returning officer, have full effect for the purposes of the succeeding provisions of this section).\n\t(5)\tWhere, for the purposes of the succeeding provisions of this section, the number of ballot papers or votes in any category is required to be ascertained or a quota or transfer value is required to be determined, the returning officer must determine the quota or transfer value.\n\t(6)\tThe number of first preference votes given for each candidate and the total number of all such votes is to be ascertained and a quota determined by dividing the total number of first preference votes by 1 more than the number of candidates required to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1, and any candidate who has received a number of first preference votes equal to or greater than the quota will be elected.\n\t(7)\tUnless all the vacancies have been filled, the number (if any) of votes in excess of the quota (in this section referred to as surplus votes) of each elected candidate will be transferred to the continuing candidates as follows:\n\t(a)\tthe number of surplus votes of the elected candidate will be divided by the number of first preference votes received by him or her and the resulting fraction will be the transfer value;\n\t(b)\tthe total number of ballot papers of the elected candidate that express the first preference vote for him or her and the next available preference (if any) for a particular continuing candidate will be multiplied by the transfer value, the number so obtained (disregarding any fraction) will be added to the number of first preference votes of the continuing candidate and all those ballot papers will be transferred to the continuing candidate,\nand any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer will be elected.\n\t(7a)\tA ballot paper that is, under subsection (7), required to be transferred to a continuing candidate must be set aside as finally dealt with if it does not indicate a next available preference for a continuing candidate.\n\t(8)\tUnless all the vacancies have been filled, the surplus votes (if any) of any candidate elected under subsection (7), or elected subsequently under this subsection, will be transferred to the continuing candidates in accordance with subsection (7)(a) and (b), and any continuing candidate who has received a number of votes equal to or greater than the quota on the completion of any such transfer will be elected.\n\t(9)\tWhere a continuing candidate has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (7) or (8) of the surplus votes of a particular elected candidate, no votes of any other candidate will be transferred to the continuing candidate.\n\t(10)\tFor the purposes of the application of subsection (7)(a) and (b) in relation to a transfer under subsection (8) or (12) of the surplus votes of an elected candidate, each ballot paper of the elected candidate that was obtained by him or her on a transfer under this section will be dealt with as if any vote it expressed for the elected candidate were a first preference vote, as if the name of any other candidate previously elected or excluded had not been on the ballot paper and as if the numbers indicating subsequent preferences (if any) had been altered accordingly.\n\t(11)\tWhere, after the counting of first preference votes or the transfer of surplus votes (if any) of elected candidates, no candidate has, or less than the number of candidates required to be elected have, received a number of votes equal to the quota, the candidate who has the fewest votes will be excluded and all his or her votes will be transferred to the continuing candidates as follows:\n\t(a)\tthe total number of ballot papers of the excluded candidate that express the first preference vote for him or her and the next available preference (if any) for a particular continuing candidate will be transferred, each ballot paper at a transfer value of 1, to the continuing candidate and added to the number of votes of the continuing candidate and all those ballot papers will be transferred to the continuing candidate;\n\t(b)\tthe total number (if any) of other votes obtained by the excluded candidate on transfers under this section will be transferred from the excluded candidate in the order of the transfers on which he or she obtained them, the votes obtained on the earliest transfer being transferred first, as follows:\n\t(i)\tthe total number of ballot papers transferred to the excluded candidate from a particular candidate and expressing the next available preference (if any) for a particular continuing candidate will be multiplied by the transfer value at which the votes were so transferred to the excluded candidate;\n\t(ii)\tthe number so obtained (disregarding any fraction) will be added to the number of votes of the continuing candidate;\n\t(iii)\tall those ballot papers will be transferred to the continuing candidate.\n\t(c)\ta ballot paper that under this subsection is, pursuant to the exclusion of a candidate, required to be transferred to a continuing candidate must be set aside as finally dealt with if it does not indicate a next available preference for a continuing candidate.\n\t(12)\tAny continuing candidate who has received a number of votes equal to or greater than the quota on the completion of a transfer under subsection (11) or (13) of votes of an excluded candidate is elected, and, unless all the vacancies have been filled, the surplus votes (if any) of the candidate so elected will be transferred in accordance with subsection (7)(a) and (b), except that, where the candidate so elected is elected before all the votes of the excluded candidate have been transferred, the surplus votes (if any) of the candidate so elected will not be transferred until the remaining votes of the excluded candidate have been transferred in accordance with subsection (11)(a) and (b) to continuing candidates.\n\t(13)\tSubject to subsection (16), where, after the transfer of all the votes of an excluded candidate, no continuing candidate has received a number of votes greater than the quota, the continuing candidate who has the fewest votes is excluded and his or her votes transferred in accordance with subsection (11)(a) and (b).\n\t(14)\tWhere a candidate is elected as a result of a transfer of the first preference votes of an excluded candidate or a transfer of all the votes of an excluded candidate that were transferred to the excluded candidate from a particular candidate, no other votes of the excluded candidate will be transferred to the candidate so elected.\n\t(15)\tIn respect of the last vacancy for which 2 continuing candidates remain, the continuing candidate who has the most votes will be elected despite the fact that the number may be below the quota.\n\t(16)\tHowever, if, in respect of a vacancy referred to in subsection (15), the continuing candidates have an equal number of votes, the matter must be referred, on the application of the Electoral Commissioner, to the Court of Disputed Returns for the Court to determine the validity of any disputed ballot papers and—\n\t(a)\tif the deadlock is resolved—the Court must declare the appropriate candidate elected; but\n\t(b)\tif the deadlock is not resolved—the Court must order a fresh election to be held in accordance with any directions of the Court with the continuing candidates as the sole candidates in that election.\n\t(16a)\tSubsection (16) does not limit the jurisdiction of the Court of Disputed Returns under Division 2 of Part 12 in relation to an election.\n\t(17)\tDespite any other provision of this section, where, on the completion of a transfer of votes under this section, the number of continuing candidates is equal to the number of remaining unfilled vacancies, those candidates are elected (regardless of whether those candidates have received a number of votes equal to or greater than the quota).\n\t(18)\tThe returning officer must, on the completion of the last count—\n\t(a)\tmake out and sign a statement setting out the number of ballot papers and votes counted to each candidate at each count and the number of informal ballot papers, and forward the statement to the Electoral Commissioner; and\n\t(b)\tplace in a separate parcel all the ballot papers which have been rejected as informal; and\n\t(c)\tplace in a separate parcel all the unrejected ballot papers; and\n\t(d)\tseal up the parcels and endorse on each parcel a description of its contents, and permit any scrutineers present, if they so desire, to countersign the endorsement.\n\t(19)\tFor the purposes of this Act—\n\t(a)\tthe order of election of candidates in a Legislative Council election will be taken to be in accordance with the order of the count or transfer as a result of which they were elected, the candidates (if any) elected on the count of first preference votes being taken to be the earliest elected; and\n\t(b)\twhere 2 or more candidates are elected as a result of the same count or transfer, the order in which they will be taken to have been elected will be in accordance with the relative numbers of their votes, the candidate with the largest number of votes being taken to be the earliest elected, but if any 2 or more of those candidates each have the same number of votes, the order in which they will be taken to have been elected will be taken to be in accordance with the relative numbers of their votes at the last count or transfer before their election at which each of them had a different number of votes, the candidate with the largest number of votes at that count or transfer being taken to be the earliest elected, and if there has been no such count or transfer the returning officer will determine the order in which they will be taken to have been elected.\n\t(20)\tSubject to subsections (21) and (22), where, after any count or transfer under this section, 2 or more candidates have surplus votes, the order of any transfers of the surplus votes of those candidates will be in accordance with the relative sizes of the surpluses, the largest surplus being transferred first.\n\t(21)\tSubject to subsection (22), where, after any count or transfer under this section, 2 or more candidates have equal surpluses, the order of any transfers of the surplus votes of those candidates will be in accordance with the relative numbers of votes of those candidates at the last count or transfer at which each of those candidates had a different number of votes, the surplus of the candidate with the largest number of votes at that count or transfer being transferred first, but if there has been no such count or transfer the returning officer must determine the order in which the surpluses are to be dealt with.\n\t(22)\tWhere, after any count or transfer under this section, a candidate obtains surplus votes, those surplus votes must not be transferred before the transfer of any surplus votes obtained by any other candidate on an earlier count or transfer.\n\t(23)\tWhere the candidate who has the fewest votes is required to be excluded and 2 or more candidates each have the fewest votes, whichever of those candidates had the fewest votes at the last count or transfer at which each of those candidates had a different number of votes will be excluded, but if there has been no such count or transfer, the returning officer must determine which candidate is to be excluded.\n\t(24)\tWhere a candidate is elected by reason that the number of first preference votes received by the candidate, or the aggregate of first preference votes received by the candidate and all other votes obtained by the candidate on transfers under this section, is equal to the quota, all the ballot papers expressing those votes must be set aside as finally dealt with.\n\t(25)\tIn a case where a candidate has died between the date of nomination and polling day, a vote indicated on a ballot paper opposite the name of the deceased candidate must be counted to the candidate next in the order of the voter's preference (if any), and the numbers indicating subsequent preferences (if any) will be taken to be altered accordingly.\n\t(26)\tFor the purposes of this section, a transfer under subsection (7), (8) or (12) of the surplus votes of an elected candidate, a transfer in accordance with subsection (11)(a) of all first preference votes of an excluded candidate or a transfer in accordance with subsection (11)(b) of all the votes of an excluded candidate that were transferred to him or her from a particular candidate each constitutes a separate transfer.\n\t(27)\tIn this section—\ncontinuing candidate means a candidate not already elected or excluded from the count.\n\t(28)\tIn this section, a reference to votes of or obtained or received by a candidate includes votes obtained or received by the candidate on any transfer under this section.\n96—Scrutiny of votes in House of Assembly election\n\t(1)\tIn a House of Assembly election, the scrutiny must, subject to this Act, be conducted in the following manner.\n\t(2)\tEach assistant returning officer must, in the presence of an assistant presiding officer or a poll clerk, and of such authorised scrutineers as may attend—\n\t(a)\topen all ballot boxes sent to him or her, or received from polling places within or for that portion of the district in which he or she exercises powers; and\n\t(ab)\tin relation to ballot papers of a kind referred to in sections 79(1)(b), 80(3)(d)(i) and 80A(3)(a1) relating to the district and sent to the assistant returning officer, withdraw the ballot papers from their envelopes; and\n\t(b)\treject all informal ballot papers, and arrange the unrejected ballot papers under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same candidate; and\n\t(c)\tcount the first preference votes given for each candidate on all unrejected ballot papers; and\n\t(d)\tmake out and sign a statement setting out the number of first preference votes given for each candidate, and the number of informal ballot papers; and\n\t(e)\tplace in a separate parcel all the ballot papers which have been rejected as informal; and\n\t(f)\ttransmit the following information, in an expeditious manner, to the district returning officer:\n\t(i)\tthe number of first preference votes given for each candidate; and\n\t(ii)\tthe total number of ballot papers rejected as informal; and\n\t(g)\tseal up the parcels and endorse on each parcel a description of its contents and permit any scrutineers present, if they so desire, to countersign the endorsement; and\n\t(h)\ttransmit the parcels to the district returning officer with the least possible delay, together with the statement specified in paragraph (d), and the district returning officer must open all ballot boxes not opened by an assistant returning officer and conduct the scrutiny of the ballot papers contained in those boxes (as far as applicable) in the manner described above.\n\t(3)\tFrom the statements transmitted to the district returning officer by the assistant returning officers in or for the district, and the result of the scrutiny of the votes counted by him or her, the district returning officer will ascertain the total number of first preference votes given for each candidate for the district.\n\t(4)\tThe candidate who has received the largest number of first preference votes is, if that number constitutes an absolute majority of votes, elected.\n\t(5)\tIf no candidate has received an absolute majority of first preference votes, the district returning officer—\n\t(a)\tmust open the sealed parcels of ballot papers received from the assistant returning officers for the district; and\n\t(b)\tmust make a fresh scrutiny of the ballot papers contained in the parcels, and, for the purpose of that scrutiny, the district returning officer—\n\t(i)\thas the same powers as if it were the original scrutiny; and\n\t(ii)\tmay reverse any decision given by an assistant returning officer in relation to the original scrutiny; and\n\t(c)\tfrom the result of the scrutiny of the votes counted by the district returning officer and the fresh scrutiny conducted by him or her under this subsection—must ascertain the total number of first preference votes given for each candidate and the number of informal ballot papers; and\n\t(d)\tmust proceed with the scrutiny and the counting of the votes as follows:\n\t(i)\tthe candidate who has received the fewest first preference votes will be excluded, and each ballot paper counted to that candidate is to be counted to the candidate next in the order of the voter's preference; and\n\t(ii)\tif no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes, and counting each of that candidate's ballot papers to the unexcluded candidate next in the order of the voter's preference, is to be repeated until 1 candidate has received an absolute majority of votes; and\n\t(iii)\tthe candidate who has received an absolute majority of votes will be elected.\n\t(6)\tIf on any count 2 or more candidates have an equal number of votes, and one of them has to be excluded, the district returning officer must decide which are to be excluded, but if in the final count 2 candidates have an equal number of votes—\n\t(a)\tthe matter must be referred, on the application of the Electoral Commissioner, to the Court of Disputed Returns;\n\t(b)\tthe Court must determine the validity of any disputed ballot papers;\n\t(c)\tif it then appears that the deadlock has been resolved, the Court must declare the appropriate candidate elected, but if not, the Court must order a fresh election.\n\t(7)\tSubsection (6) does not limit the jurisdiction of the Court of Disputed Returns under Division 2 of Part 12 in relation to an election.\n\t(8)\tIn this section, an absolute majority of votes means a greater number than one-half of the whole number of ballot papers other than informal ballot papers.\n\t(9)\tThe district returning officer must—\n\t(a)\tplace in a separate parcel all the ballot papers which have been rejected as informal; and\n\t(b)\tplace in a separate parcel all the unrejected ballot papers; and\n\t(c)\tseal up the parcels and endorse on each parcel a description of its contents, and permit any scrutineers present, if they so desire, to countersign the endorsement.\n\t(10)\tWhere 3 or more candidates stood for election in a district, then, despite the election of a candidate, the process of excluding the candidate who has the fewest votes and attributing his or her votes to the candidate next in order of the voter's preference is to be continued until there are only 2 unexcluded candidates.\n\t(11)\tThe Electoral Commissioner must, within 3 months after the return of the writ, cause to be published in the Gazette a notice showing the number of votes attributable to each of the 2 unexcluded candidates at the conclusion of the process referred to in subsection (10).\n","sortOrder":26},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Computer vote counting in Legislative Council elections","content":"Division 3A—Computer vote counting in Legislative Council elections\n96A—Application of Division\nThis Division applies only in relation to a Legislative Council election.\n96B—Approval of computer program\n\t(1)\tThe Electoral Commissioner may approve a computer program to carry out steps involved in the scrutiny of votes in an election.\n\t(2)\tThe Electoral Commissioner may revoke an approval of a computer program.\n\t(3)\tThe Electoral Commissioner may only approve a computer program—\n\t(a)\tafter providing a demonstration of the use of the program for representatives of the registered political parties; and\n\t(b)\tif the proper use of the program would produce the same result in the scrutiny of votes in an election as would be obtained if the scrutiny were conducted without computer assistance.\n\t(4)\tThe Electoral Commissioner must determine processes that must be followed in relation to the use of an approved computer program in the scrutiny of votes in an election.\n96C—Protection of approved computer program from interference\nThe Electoral Commissioner must take steps to ensure that an approved computer program is kept secure from interference at all times.\n96D—Use of approved computer program in election\n\t(1)\tAn approved computer program may, if the Electoral Commissioner so determines, be used in the scrutiny of votes in an election.\n\t(2)\tIf an approved computer program is used in the scrutiny of votes in an election, the provisions of section 95 apply to the conduct of the scrutiny and the filling of vacancies as follows:\n\t(a)\tsubsections (2) and (3) apply according to their terms;\n\t(b)\tthe processes described in subsections (4)(a) and (4)(b) are to be carried out in conjunction with the entry into the computer of the necessary data from the ballot papers and the operation of the computer to identify remaining informal ballot papers (after taking into account the operation of subsection (4a) (if relevant));\n\t(c)\tthe computer must continue to be operated so as to carry out processes corresponding to those that would be required to be carried out according to subsections (4)(c) to (15) (inclusive), (17) and (20) to (28) (inclusive) (after taking into account the operation of subsection (4a) (if relevant));\n\t(d)\thowever, if, in carrying out processes corresponding to those referred to in subsection (21) or (23), there has not been a count or transfer at which the candidates had a different number of votes, the computer processes must pause while the returning officer makes a determination in accordance with that subsection and causes the result of the determination to be entered into the computer;\n\t(e)\tcontinuing candidates who at any stage of the scrutiny have received a number of votes equal to or greater than the quota will be elected;\n\t(f)\tsubsections (16), (16a), (18) and (19) apply according to their terms.\n96E—Manual counting of votes not prevented\nThe making of a determination by the Electoral Commissioner to use an approved computer program in an election, or the use of an approved computer program in an election, does not prevent counting or re-counting of votes in the election without computer assistance.\nDivision 4—Re-count\n97—Re-count\n\t(1)\tAt any time before the declaration of the result of a Legislative Council election, the returning officer may, if he or she thinks fit, and must, if so directed by the Electoral Commissioner, direct a re-count of the ballot papers from any division or portion of a division, or of the ballot papers contained in any parcel or in any other category.\n\t(2)\tA district returning officer must before the declaration of the result of a House of Assembly election have a re-count made of the relevant ballot papers.\n\t(2a)\tIn addition to the requirements of subsection (2), at any time before the declaration of the result of a House of Assembly election, the district returning officer may, if the district returning officer thinks fit, and must, if so directed by the Electoral Commissioner, conduct one or more further re-counts of the ballot papers contained in any parcel.\n\t(3)\tThe officer conducting a re-count—\n\t(a)\tmay reverse any decision taken at the scrutiny in relation to the allowance or disallowance of ballot papers; but\n\t(b)\tis, subject to paragraph (a), bound by decisions and determinations made at the scrutiny so far as they are applicable to the re-count.\n\t(4)\tThe officer conducting a re-count may, and at the request of any scrutineer must, reserve any ballot paper for the decision of the Electoral Commissioner.\n\t(5)\tThe Electoral Commissioner must decide whether any ballot paper, reserved for the Electoral Commissioner's decision in pursuance of this section, is to be allowed and admitted or disallowed and rejected.\n","sortOrder":27},{"sectionNumber":"Part 11","sectionType":"part","heading":"The return of the writs","content":"Part 11—The return of the writs\n98—Return of writ for election of members of the Legislative Council\n\t(1)\tIn a Legislative Council election, the returning officer must, as soon as practicable after the result of the election has been ascertained—\n\t(a)\tpublicly declare the result of the election and the names of the candidates elected;\n\t(b)\tmake out a statement setting out the result of the election and the names of the candidates elected and transmit the statement to the Electoral Commissioner.\n\t(2)\tThe returning officer need not defer the making of a declaration and statement under subsection (1) by reason of the non-receipt of ballot papers if it is clear that those ballot papers cannot possibly affect the result of the election.\n\t(3)\tOn receipt of the statement referred to in subsection (1)(b), the Electoral Commissioner must by endorsement certify on the writ for the election the names of the candidates elected and return the writ to the Governor.\n99—Declaration of poll and return of writs for House of Assembly\n\t(1)\tIn a House of Assembly election, the district returning officer must, as soon as practicable after the result of the election has been ascertained—\n\t(a)\tpublicly declare the result of the election and the name of the candidate elected;\n\t(b)\tmake out a statement setting out the result of the election and the name of the candidate elected and transmit the statement to the Electoral Commissioner.\n\t(2)\tA district returning officer need not defer the making of a declaration and statement under subsection (1) by reason of the non-receipt of ballot papers if it is clear that those ballot papers cannot possibly affect the result of the election.\n\t(3)\tWhere—\n\t(a)\tin the case of a general election—the Electoral Commissioner has received statements from all district returning officers in pursuance of subsection (1)(b); or\n\t(b)\tin any other case—the Electoral Commissioner has received a statement from the district returning officer for a district in pursuance of subsection (1)(b) in relation to the election held in the district,\nthe Electoral Commissioner must by endorsement certify on the writ for the election the name of each candidate elected for each district or the name of the candidate elected for the district, as the case requires, and return the writ to the Governor or the Speaker.\n","sortOrder":28},{"sectionNumber":"Part 12","sectionType":"part","heading":"Reviews and Court of Disputed Returns","content":"Part 12—Reviews and Court of Disputed Returns\nDivision 1—Reviews\n100—Reviewable decisions\n\t(1)\tThe following are reviewable decisions for the purposes of this Division:\n\t(a)\ta decision by the Electoral Commissioner or an officer as to the enrolment of any claimant for enrolment; or\n\t(b)\ta decision by an electoral registrar on an objection to the enrolment of an elector on a roll; or\n\t(c)\ta decision by the Electoral Commissioner as to the registration of a political party; or\n\t(ca)\ta decision by the Electoral Commissioner as to the registration of a how‑to‑vote card; or\n\t(d)\ta decision of a prescribed class taken under this Act by the Electoral Commissioner or an officer.\n\t(2)\tA person has, for the purposes of this Division, a proper interest in a reviewable decision if—\n\t(a)\the or she is the person on whose claim or application the decision was taken; or\n\t(b)\the or she objected, in accordance with this Act, to the claim or application in respect of which the decision was made, or the decision was made on his or her objection; or\n\t(c)\this or her rights under this Act are directly affected by the decision; or\n\t(d)\the or she is a person of a prescribed class.\n101—Review by Electoral Commissioner or Tribunal\n\t(1)\tA person who has a proper interest in a reviewable decision may seek a review of the decision by—\n\t(a)\tthe Electoral Commissioner; or\n\t(b)\tthe Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review must be made within one month after the person receives notice of the decision.\n\t(3)\tThe following provisions apply in relation to a review by the Electoral Commissioner:\n\t(a)\tthe Electoral Commissioner may, if satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an application for review be made within the period fixed by subsection (2);\n\t(b)\tthe application for review must be in writing and set out in detail the grounds for the application;\n\t(c)\tthe Electoral Commissioner must afford the applicant and all other persons with a proper interest in the decision the opportunity to make submissions, orally or in writing, on the review;\n\t(d)\tthe Electoral Commissioner must, after considering all submissions—\n\t(i)\taffirm the reviewable decision; or\n\t(ii)\trescind the decision and substitute a decision that the Electoral Commissioner considers appropriate.\n\t(4)\tThis section does not limit the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\nDivision 2—Disputed elections and returns\n102—Method of disputing elections\nThe validity of any election or return may be disputed by petition addressed to the Court of Disputed Returns and not otherwise.\n103—The Court of Disputed Returns\n\t(1)\tThe Supreme Court is the Court of Disputed Returns.\n\t(2)\tThe jurisdiction of the Supreme Court, when sitting as the Court of Disputed Returns under this Act, is exercisable by a single judge.\n104—Requisites of petition\n\t(1)\tA petition disputing an election or return must—\n\t(a)\tset out the facts relied on to invalidate the election or return;\n\t(b)\tset out the relief to which the petitioner claims to be entitled;\n\t(c)\tbe signed by a candidate at the election in dispute or by a person who was qualified to vote at the election;\n\t(d)\tbe attested by 2 witnesses whose occupations and addresses are stated;\n\t(e)\tbe filed in the Court within 40 days after the return of the writ.\n\t(2)\tAt the time of filing the petition, the petitioner must deposit with the Registrar of the Supreme Court $200 as security for costs.\n105—Respondents to petitions\nThe Electoral Commissioner and the person who was the successful candidate at the relevant election are both respondents to any petition in which the validity of an election or return is disputed.\n106—Principles to be observed\n\t(1)\tThe Court is to be guided by good conscience and the substantial merits of each case without regard to legal forms or technicalities.\n\t(2)\tThe Court is not bound by the rules of evidence.\n107—Orders that the Court is empowered to make\n\t(1)\tThe Court may make any of the following orders:\n\t(a)\tan order that a person found by the Court not to have been duly elected cease to be a member of the Legislative Council or the House of Assembly (as the case may require);\n\t(b)\tan order that a person found by the Court to have been duly elected (but not returned as elected) take his or her seat as a member of the Legislative Council or the House of Assembly (as the case may require);\n\t(c)\tan order declaring an election void and requiring a new election to be held.\n\t(2)\tThe Court may award costs against an unsuccessful party to the petition.\n\t(3)\tAn election will not be declared void on the ground of—\n\t(a)\ta defect in a roll or certified list of electors; or\n\t(b)\tan irregularity in, or affecting, the conduct of the election,\nunless the Court is satisfied on the balance of probabilities that the result of the election was affected by the defect or irregularity.\n\t(4)\tAn election may be declared void on the ground of the defamation of a candidate but only if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was affected by the defamation.\n\t(5)\tAn election may be declared void on the ground of misleading advertising but only if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was affected by that advertising.\n\t(6)\tAn election may be declared void on the ground of a breach of section 109, 110 or 111 in accordance with the following provisions:\n\t(a)\tif the Court of Disputed Returns finds, either on the basis of a conviction or on the balance of probabilities, that the successful candidate, or a person acting on behalf of the successful candidate with the successful candidate's knowledge, has committed such a breach, then the Court may declare the election to be void whether or not it is satisfied that the result of the election was affected by the breach;\n\t(b)\tif the Court of Disputed Returns finds, on the balance of probabilities, that the breach was committed without the successful candidate's knowledge, then the Court may declare the election to be void only if satisfied, on the balance of probabilities, that the result of the election was affected by the breach.\n\t(7)\tAn election may be declared void on the ground of a breach of section 130ZA if the Court of Disputed Returns finds, on the balance of probabilities, that the result of the election was affected by the breach.\n108—Decisions to be final\nAll decisions of the Court are final, conclusive and without appeal, and may not be questioned in any way.\n","sortOrder":29},{"sectionNumber":"Part 13","sectionType":"part","heading":"Offences","content":"Part 13—Offences\nDivision 1—Bribery, undue influence etc\n109—Bribery\n\t(1)\tA person must not offer or solicit an electoral bribe.\nMaximum penalty: Imprisonment for 7 years.\nbribe does not include a declaration of public policy or a promise of public action;\nelectoral bribe means a bribe for the purpose of—\n\t(a)\tinfluencing the vote of an elector; or\n\t(b)\tinfluencing the candidature of any person in an election; or\n\t(c)\totherwise influencing the course or result of an election.\n110—Undue influence\nA person must not, by violence or intimidation, influence or attempt to influence—\n\t(a)\tthe vote of an elector; or\n\t(b)\tthe candidature of any person in an election; or\n\t(c)\tthe course or result of an election.\nMaximum penalty: Imprisonment for 7 years.\n111—Interference with political liberty\nA person must not hinder or interfere with the free exercise or performance, by any other person, of a right or duty under this Act.\nMaximum penalty: Imprisonment for 1 year.\nDivision 2—Electoral advertisements, commentaries and other material\n112—Publication of electoral advertisements, notices etc\n\t(1)\tA person must not publish or distribute, or cause or permit to be published or distributed, an electoral advertisement in printed form or through electronic publication on the Internet unless—\n\t(a)\tthe name (being the name by which the person is usually known) and address (not being a post office box) of the author of the advertisement, or the person who authorised its publication, appears at the end; and\n\t(ab)\tif the advertisement is authorised for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation appears at the end; and\n\t(ac)\tif the advertisement is authorised for a relevant third party—the relevant third party's name appears at the end.\n\t(1a)\tDespite subsection (1)(a), an advertisement authorised by a candidate who is not endorsed by a registered political party may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) at the end if the suburb in which the candidate resides is also included at the end of the advertisement.\n\t(2)\tSubsection (1) does not apply in relation to—\n\t(a)\ta car sticker, T-shirt, lapel button, lapel badge, pen, pencil or balloon; or\n\t(b)\tan article included in a prescribed class of articles.\nrelevant third party means an organisation or other person, other than a registered political party, candidate or natural person, who—\n\t(a)\tas at the day of publication of the advertisement to which subsection (1)(ac) relates, intends to spend more than $2 000 on electoral advertisements—\n\t(i)\tif the advertisement is published in an election period—during that election period; or\n\t(ii)\tin any other case—during the election period for the next general election due to occur; or\n\t(b)\tspent more than $2 000 on electoral advertisements during the election period for the general election immediately preceding the day of publication of the advertisement to which subsection (1)(ac) relates.\n112A—Special provision relating to how‑to‑vote cards\n\t(1)\tDuring the election period for an election, a person must not distribute, or cause or permit to be distributed, a how‑to‑vote card unless—\n\t(a)\tthe name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the card appears at the bottom of the card; and\n\t(b)\tif the card is authorised—\n\t(i)\tfor a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that abbreviation; or\n\t(ii)\tfor a candidate who is not endorsed by a registered political party—the candidate's name and the word \"candidate\",\nis stated on the card in accordance with any requirements prescribed by the regulations; and\n\t(c)\tthe card—\n\t(i)\thas substantially the same appearance as a how‑to‑vote card that—\n\t(A)\thas been submitted for inclusion in posters under section 66; or\n\t(B)\thas been lodged with the Electoral Commissioner no later than 12 noon on the day falling 8 days before polling day; or\n\t(ii)\tis a compilation of more than 1 how‑to‑vote card of a kind referred to in subparagraph (i) (provided that those how‑to‑vote cards relate to different electoral districts).\n\t(1a)\tDespite subsection (1)(a), a how‑to‑vote card authorised by a candidate who is not endorsed by a registered political party may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) at the bottom of the card if the suburb in which the candidate resides is also included at the bottom of the card.\n\t(2)\tA how‑to‑vote card lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) must—\n\t(a)\tbe lodged in a manner determined by the Electoral Commissioner; and\n\t(b)\tcomply with any requirements prescribed by the regulations.\n\t(3)\tIf a how‑to‑vote card is lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) by or on behalf of a candidate, no further how‑to‑vote card may be lodged in relation to the same election by or on behalf of that candidate.\n\t(4)\tIf a how‑to‑vote card is submitted to the Electoral Commissioner by or on behalf of a candidate in accordance with section 66 (the initial submitted how‑to‑vote card), any how‑to‑vote card that—\n\t(a)\tis subsequently lodged with the Electoral Commissioner under subsection (1)(c)(i)(B) or distributed in relation to the same election; and\n\t(b)\trelates to the candidate; and\n\t(c)\tis authorised by or for the candidate or a registered political party of which the candidate is a member,\nmust have substantially the same appearance as the initial submitted how‑to‑vote card.\n\t(5)\tA person who distributes a how‑to‑vote card in contravention of subsection (4) is guilty of an offence.\n\t(5a)\tIf the Electoral Commissioner is satisfied that a how‑to‑vote card has been distributed in contravention of this section, the Electoral Commissioner may request that the person who authorised the card do either or both of the following:\n\t(a)\timmediately cease distributing, or causing or permitting the distribution of, the how‑to‑vote card;\n\t(b)\tpublish a retraction in specified terms and a specified manner and form,\n(and in proceedings for an offence against this section arising from the distribution of the how‑to‑vote card, the authorised person's response to a request under this subsection will be taken into account in assessing any penalty to which the person may be liable).\n\t(6)\tFor the purposes of this section, how‑to‑vote cards will be taken to have substantially the same appearance if the cards are identical except for—\n\t(a)\tthe size or shape of the cards; or\n\t(b)\tthe fonts used in the cards; or\n\t(c)\tthe material or medium on which the cards are printed or published; or\n\t(d)\tthe manner in which the cards suggest that a voter indicate the order of preference for candidates on the ballot paper; or\n\t(da)\tin the case of how‑to‑vote cards distributed in accordance with subsection (7a)—the name and address of the person who authorised the cards and the name or abbreviation of the registered political party not appearing at the bottom of the cards; or\n\t(e)\tany other matter prescribed by the regulations for the purposes of this subsection.\n\t(7)\tDespite subsection (6), a how‑to‑vote card distributed by or on behalf of a candidate (the relevant candidate) will be taken not to have substantially the same appearance as—\n\t(a)\tthe relevant candidate's initial submitted how‑to‑vote card (if any); or\n\t(b)\ta how‑to‑vote card lodged under subsection (1)(c)(i)(B) by or on behalf of the relevant candidate,\nif—\n\t(c)\tthe distributed how‑to‑vote card indicates that the first preference vote should be given to a different candidate from the relevant candidate or any other candidate indicated as a candidate to whom a first preference vote should be given on a how‑to‑vote card referred to in paragraph (a) or (b); and\n\t(d)\tthe relevant candidate has not given written notice at least 8 days before the card is distributed and in accordance with any other requirements of the regulations to the candidate to whom the distributed how‑to‑vote card indicates that the first preference vote should be given.\n\t(7a)\tSubsection (1)(a) and (b) do not apply to how‑to‑vote cards forming part of electoral material distributed by or on behalf of a registered political party that displays more than 1 how‑to‑vote card lodged by or on behalf of the party if—\n\t(a)\tthe name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the material appears at the end of the material; and\n\t(b)\tthe party's name or, if the Register of Political Parties includes an abbreviation of the party's name, the abbreviation appears at the end of the material.\ndistribute a how‑to‑vote card includes make the card available (including in electronic form) to other persons;\nhow‑to‑vote card includes any material that has the appearance of a how‑to‑vote card (whether published on its own or as part of any other material).\n112B—Certain descriptions not to be used\n\t(1)\tA person must not publish or distribute an electoral advertisement or a how‑to‑vote card that identifies a candidate—\n\t(a)\tby reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or\n\t(ab)\tby use of the word or a set of words containing the word \"Independent\" and—\n\t(i)\tthe name, or an abbreviation or acronym of the name, of a parliamentary party or a registered political party; or\n\t(ii)\tmatter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or that abbreviation or acronym; or\n\t(b)\tby the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b),\nunless—\n\t(c)\tthe candidate is endorsed by the relevant parliamentary party or registered political party (as the case may be); or\n\t(d)\tthe relevant parliamentary party or registered political party has consented to the use of the relevant name or names or word or words (as the case may be).\n\t(1a)\tA person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate by use of the word \"Independent\" if the candidate is endorsed by a registered political party.\n\t(2)\tSubsections (1) and (1a) apply to publication by any means (including radio or television).\n\t(3)\tSubsections (1) and (1a) do not prevent the publication of background information, a personal profile, or a declaration of policy, by or in relation to a candidate.\ndistribute an electoral advertisement or how‑to‑vote card includes make the relevant advertisement or how‑to‑vote card available (including in electronic form) to other persons.\n113—Misleading advertising\n\t(1)\tThis section applies to advertisements published by any means (including radio or television).\n\t(2)\tA person who authorises, causes or permits the publication of an electoral advertisement (an advertiser) is guilty of an offence if the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent.\n\t(b)\tif the offender is a body corporate—$25 000.\n\t(3)\tHowever, it is a defence to a charge of an offence against subsection (2) to establish that the defendant—\n\t(a)\ttook no part in determining the content of the advertisement; and\n\t(b)\tcould not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading.\n\t(4)\tIf the Electoral Commissioner is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the advertiser to do one or more of the following:\n\t(b)\tpublish a retraction in specified terms and a specified manner and form,\n(and in proceedings for an offence against subsection (2) arising from the advertisement, the advertiser's response to a request under this subsection will be taken into account in assessing any penalty to which the advertiser may be liable).\n\t(5)\tIf the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Court may order the advertiser to do one or more of the following:\n\t(b)\tpublish a retraction in specified terms and a specified manner and form.\n114—Heading to electoral advertisements\n\t(1)\tThis section applies to the publication of electoral matter in written form in—\n\t(a)\ta journal; or\n\t(b)\tan electronic publication on the Internet,\nif payment or other consideration has been, or is to be, given for publication of the matter (whether the journal or electronic publication is published for sale or for distribution without charge).\n\t(2)\tIf this section applies to the publication of electoral matter, the publisher of the matter must cause the word \"advertisement\" to be included as a headline to each article or paragraph containing the electoral matter—\n\t(a)\tin the case of matter published in a journal—in letters not smaller than 10 point or long primer; or\n\t(b)\tin the case of matter published in an electronic publication—in letters of a size that will be readily legible.\n\t(a)\tif the offender is a natural person—$1 250;\n\t(b)\tif the offender is a body corporate—$5 000.\njournal means a newspaper, magazine or other periodical.\n115—Limitations on display of electoral advertisements\n\t(1)\tA person must not exhibit an electoral advertisement on—\n\t(a)\ta vehicle or vessel; or\n\t(b)\ta building, hoarding or other structure,\nif the advertisement occupies an area in excess of 1 square metre.\n\t(2)\tFor the purposes of subsection (1), electoral advertisements—\n\t(a)\tthat are apparently exhibited by or on behalf of the same candidate or political party; and\n\t(b)\tthat are at their nearest points within 1 metre of each other,\nwill be taken to form a single advertisement.\n\t(2a)\tA person must not exhibit an electoral advertising poster on a public road or road‑related area (including any structure, fixture or vegetation on a public road or road‑related area).\n\t(2b)\tSubsection (2a) does not apply to the exhibition of—\n\t(a)\tan electoral advertising poster by a person holding the electoral advertising poster (either directly in their hands or by holding an implement or device to which the poster is attached); or\n\t(b)\tan electoral advertising poster that—\n\t(i)\tis not attached to a building, hoarding or other structure or fixture on a public road or road related area; and\n\t(ii)\tis exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and\n\t(iii)\tis exhibited immediately before, during or immediately after the designated event or activity, provided that the electoral advertising poster is not exhibited at, or in the vicinity of, the place for more than 6 hours; or\n\t(c)\tan electoral advertising poster—\n\t(i)\tof a kind prescribed by regulation; or\n\t(ii)\tin circumstances prescribed by regulation.\n\t(3)\tSubsection (1) does not apply to—\n\t(a)\tthe exhibition of an advertisement in a theatre (including a drive-in theatre) by means of a cinematograph; or\n\t(b)\tthe exhibition of the name of a candidate or the name of a political party (or both) at or near an office or room, where—\n\t(i)\tthe name is so exhibited in order to indicate that the office or room is an office or committee room of that candidate or political party; and\n\t(ii)\tthe place of exhibition is more than 100 metres from the entrance to a polling booth; or\n\t(c)\tthe exhibition of an advertisement of a prescribed kind or the exhibition of an advertisement in circumstances of a prescribed kind.\ndesignated event or activity means—\n\t(a)\tan assembly within the meaning of the Public Assemblies Act 1972; or\n\t(b)\tan organised gathering, meeting, function or event relating to an election; or\n\t(c)\ta person canvassing for votes relating to an election; or\n\t(d)\tany other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations;\nelectoral advertising poster means a poster, notice or sign displaying an electoral advertisement;\npublic road means a road within the meaning of the Road Traffic Act 1961;\nroad‑related area has the same meaning as in the Road Traffic Act 1961.\n115A—Automated political calls\n\t(a1)\tA designated entity, or a person acting on behalf of a designated entity, must not make, or cause or permit the making of, a call by way of telephone (including associated technology) containing regulated content.\n\t(1)\tWithout limiting subsection (a1), a person who makes, or causes or permits the making of, a call by way of telephone (including associated technology) consisting of a pre-recorded electoral advertisement must ensure that, immediately after that part of the call consisting of the advertisement, the following statements are made:\n\t(a)\tthe name and address (not being a post office box) of the person who is making, or who authorises the making of, the call;\n\t(b)\tif the call is authorised for a relevant third party—the name of the relevant third party.\ndesignated entity means—\n\t(a)\ta political party registered under Part 6 or under a law of the Commonwealth or another State or a Territory relating to the registration of political parties; or\n\t(b)\ta candidate or group standing for election to the Parliament of South Australia or any other Australian Parliament; or\n\t(c)\ta member of the Parliament of South Australia or any other Australian Parliament;\nregulated content means—\n\t(a)\ta pre‑recorded message containing material relating to a State election; or\n\t(b)\tan automated opinion poll, or other research, relating to a State election or the voting intentions of electors conducted using computer scripts (rather than by an individual);\nrelevant third party means an organisation or other person, other than a designated entity or an individual, who—\n\t(a)\tas at the day on which the call to which subsection (1) relates is made, intends to spend more than $2 000 on electoral advertisements—\n\t(i)\tif the call is made in an election period—during that election period; or\n\t(ii)\tin any other case—during the election period for the next general election due to occur; or\n\t(b)\tspent more than $2 000 on electoral advertisements during the election period for the general election immediately preceding the day on which the call to which subsection (1) relates is made.\n115B—Certain artificially generated electoral advertisements prohibited\n\t(1)\tA person must not distribute, or cause or permit to be distributed, an artificially generated electoral advertisement that contains a depiction of a simulated person performing an act that the real person depicted in the depiction did not perform.\n\t(2)\tIt is a defence to a charge of an offence against this section to prove that—\n\t(a)\tthe distribution of the artificially generated electoral advertisement containing a depiction of a simulated person occurred with the written consent of each real person depicted in the depiction; or\n\t(b)\tthe defendant—\n\t(i)\ttook no part in determining the content of the artificially generated electoral advertisement; and\n\t(ii)\tcould not reasonably be expected to have known that the artificially generated electoral advertisement contravened subsection (1).\n\t(3)\tNo offence is committed against this section by the Electoral Commissioner or a legal practitioner, or their agent, acting in the course of official duties or legal proceedings.\n\t(4)\tAn apparent consent will not be an effective consent for the purposes of this section if—\n\t(a)\tgiven by a person who is under the age of 17 years or with a cognitive impairment (within the meaning of Part 5A of the Summary Offences Act 1953); or\n\t(b)\tobtained from a person by duress or deception.\nartificially generated electoral advertisement means an electoral advertisement containing audiovisual, visual or audio content that—\n\t(a)\tis generated wholly by artificial intelligence; or\n\t(b)\tis created or altered by use of technology of a prescribed kind;\ndepiction includes an audiovisual, visual or audio depiction of a real person;\ndistribute has the same meaning as in Part 5A of the Summary Offences Act 1953;\nsimulated person means a person depicted in an artificially generated electoral advertisement that—\n\t(a)\tpurports to be a depiction of a particular real person; or\n\t(b)\tso closely resembles a depiction of a particular real person that a reasonable person who knew the real person would consider it likely to be a depiction of the real person.\n115C—Prescribed artificially generated electoral advertisements to include certain statements\n\t(1)\tA person must not distribute, or cause or permit to be distributed, a prescribed artificially generated electoral advertisement unless the advertisement contains a statement that it is a prescribed artificially generated electoral advertisement and that complies with the following:\n\t(a)\tin the case of a statement that contains audio content—the statement must be spoken so that it is clearly audible and intelligible, in the same language as the other content of the advertisement, at the beginning or end of the advertisement and for a duration of at least 3 seconds;\n\t(b)\tin the case of an advertisement that contains audiovisual content—the statement must—\n\t(i)\tbe spoken so that it is clearly audible and intelligible, in the same language as the other content of the advertisement, at the beginning or end of the advertisement and for a duration of at least 3 seconds; and\n\t(ii)\tbe displayed so that it is clearly legible, in the same language as the other content of the advertisement, for the duration of the advertisement and in accordance with any other requirements prescribed by the regulations;\n\t(c)\tin any other case—the statement must be displayed so that—\n\t(i)\tit is clearly legible and is in the same language as the other content of the advertisement; and\n\t(ii)\tif the advertisement is of a limited duration—it appears for the duration of the advertisement; and\n\t(iii)\tit complies with any other requirements prescribed by the regulations.\ndepiction includes an audiovisual, visual or audio depiction of a real person;\ndistribute has the same meaning as in Part 5A of the Summary Offences Act 1953;\nprescribed artificially generated electoral advertisement means an electoral advertisement containing audiovisual, visual or audio content that—\n\t(a)\tis generated wholly by artificial intelligence; or\n\t(b)\tis created or altered by use of technology of a prescribed kind.\n115D—Withdrawal etc of certain advertisements\n\t(1)\tIf, on application, the Electoral Commissioner is satisfied that an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement contravenes a provision of section 115B or 115C (as the case may be), the Electoral Commissioner may request the person who distributed, or caused or permitted to be distributed, the advertisement to do 1 or more of the following:\n\t(b)\tpublish a statement relating to the contravention in specified terms and a specified manner and form,\n(and in proceedings for an offence against section 115B or 115C arising from the advertisement, a person's response to a request under this subsection will be taken into account in assessing any penalty to which the person may be liable).\n\t(2)\tIf the Supreme Court is satisfied beyond reasonable doubt on application by the Electoral Commissioner that an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement contravenes a provision of section 115B or 115C (as the case may be), the Court may order the person who distributed, or caused or permitted to be distributed, the advertisement to do one or more of the following:\n\t(b)\tpublish a statement relating to the contravention in specified terms and a specified manner and form.\n116—Published material to identify person responsible for political content\n\t(1)\tA person must not, during an election period, publish material consisting of, or containing a commentary on, any candidate or political party, or the issues being submitted to electors, in written form, or by radio or television, unless the material or the programme in which the material is presented contains a statement of the name and address (not being a post office box) of a person who takes responsibility for the publication of the material.\n\t(a)\tif the offender is a natural person—$1 250;\n\t(b)\tif the offender is a body corporate—$5 000.\n\t(1a)\tDespite subsection (1), material or a programme for which a candidate who is not endorsed by a registered political party is responsible may, with the approval of the Electoral Commissioner, include a post office box address for the candidate (instead of a street address) if the material or programme also contains a statement of the suburb in which the candidate resides.\n\t(2)\tThis section does not apply to—\n\t(a)\tthe publication in a journal of a leading article;\n\t(b)\tthe publication of a report of a meeting that does not contain any comment (other than comment made by a speaker at the meeting) on any candidate, or political party, or the issues being submitted to electors;\n\t(c)\tthe publication in a journal of an article, letter, report or other matter if the journal contains a statement to the effect that a person whose name and address (not being a post office box) appears in the statement takes responsibility for the publication of all electoral matter published in the journal;\n\t(ca)\tthe publication of a letter (otherwise than as described in paragraph (c)) that contains the name and address (not being a post office box) of the author of the letter;\n\t(d)\ta news service or a current affairs programme on radio or television;\n\t(e)\tany other prescribed material or class of material.\njournal means a newspaper, magazine or other periodical.\n116A—Evidence\nIn proceedings for an offence against this Division—\n\t(a)\tan electoral advertisement that includes a statement that its publication was authorised by a specified person; or\n\t(c)\tmaterial consisting of, or containing, a commentary on a candidate or political party, or the issues being submitted to electors, that includes a statement that a specified person takes responsibility for the publication of the material; or\n\t(d)\tan apparently genuine document purporting to be a certificate of the Electoral Commissioner certifying that the Electoral Commissioner made a request for—\n\t(i)\tthe withdrawal of a misleading advertisement or the publication of a retraction under section 113; or\n\t(ii)\tthe withdrawal of an artificially generated electoral advertisement or prescribed artificially generated electoral advertisement, or the publication of a statement under section 115D,\nis, in the absence of proof to the contrary, proof of that fact.\nDivision 3—Offences related to the conduct of an election\n117—Candidates not to take part in elections\n\t(1)\tA person must not take part in the conduct of an election in which he or she is a candidate for election.\n118—Persons present at polling\n\t(1)\tNo person (other than officers, scrutineers and the electors voting or about to vote) may be present in a polling booth during polling except by permission of the presiding officer.\n\t(2)\tA person who is present in a polling booth in contravention of subsection (1) may be removed by a member of the police force, or a person authorised by the presiding officer to remove him or her.\n119—Maintenance of order at and near places for voting and counting centres\n\t(a)\tobstruct the access or approaches to a designated place; or\n\t(b)\tobstruct or unnecessarily delay the proceedings at a designated place; or\n\t(c)\tbehave in a disorderly manner at or in the immediate vicinity of a designated place.\n\t(2)\tAn authorised officer may give such directions as are necessary to maintain order at an election or at or in the immediate vicinity of a designated place.\n\t(3)\tA person who contravenes a direction given under subsection (2) is guilty of an offence.\n\t(4)\tA person who contravenes subsection (1) or a direction given under subsection (2) (including a candidate or scrutineer) may be removed from a designated place and the immediate vicinity of the designated place by an authorised officer.\n\t(5)\tA person who has been removed from a designated place and the immediate vicinity of the designated place by an authorised officer and who re-enters the designated place or its immediate vicinity without the permission of an authorised officer is guilty of a further offence.\nMaximum penalty: $10 000 or imprisonment for 1 year.\nauthorised officer means—\n\t(a)\ta police officer; or\n\t(b)\tthe Electoral Commissioner; or\n\t(c)\ta person authorised by the Electoral Commissioner; or\n\t(d)\tthe presiding officer at a polling booth;\ndesignated place means—\n\t(a)\ta place where polling is being conducted under this Act (including a place where declaration votes are being issued); or\n\t(b)\ta counting centre; or\n\t(c)\tany other place designated by the Electoral Commissioner on a website maintained by the Electoral Commissioner.\n120—Secrecy of vote\n\t(1)\tA person must not, by clandestine or dishonest means, attempt to discover how a voter voted.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n\t(2)\tNo person may open an envelope containing a declaration ballot paper except the returning officer to whom it is addressed, or an officer acting with the authority of that returning officer.\n121—Conduct of officers, scrutineers etc\n\t(1)\tAn officer must not solicit the vote of an elector or take part in a campaign for the election of a particular candidate or of candidates of a particular political party.\n\t(2)\tAn officer or scrutineer must not attempt to influence the vote of an elector.\n\t(3)\tAn officer or scrutineer must not wear or display in a polling booth any badge or emblem of a candidate or political party.\n\t(4)\tAn officer or other person who acquires knowledge of the vote of an elector through assisting the elector to vote, or otherwise in the exercise of powers or functions under this Act, must not divulge that knowledge.\n\t(5)\tAn officer or other person must not mark a ballot paper so as to make possible identification of the voter.\n\t(6)\tAn officer must not fail, without proper excuse, to carry out his or her official duties in connection with the conduct of an election.\n122—Cards in polling booth\n\t(1)\tA person must not, except as authorised by this Act, wilfully exhibit or leave in any polling booth any card or paper with any direction or instruction as to how an elector should vote or as to the method of voting.\n\t(2)\tThis section does not apply to any official instructions exhibited by proper authority at any polling booth.\n123—Witnessing electoral papers\n\t(a)\tsign his or her name as witness on any electoral paper unless it has been signed by the person whose signature he or she purports to witness; or\n\t(b)\tsign his or her name as witness on any electoral paper unless he or she has seen the person, whose signature he or she purports to witness, sign it; or\n\t(c)\twrite on any electoral paper as his or her own name—\n\t(i)\tthe name of another person; or\n\t(ii)\tany name not being his own name.\nelectoral paper includes any prescribed form.\n124—Other offences relating to ballot papers etc\n\t(a)\texercise or attempt to exercise a vote to which he or she is not entitled; or\n\t(b)\tvote more than once at the same election; or\n\t(c)\tmake a statement in any claim, application, return or declaration, or in answer to a question, under this Act that is, to his or her knowledge, false or misleading in a material respect.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1)(a) or (b) to prove that acts alleged to constitute the offence arose from an honest misunderstanding or mistake on the part of the defendant.\n\t(2a)\tA person to whom a ballot paper is issued at a polling booth for the purpose of voting at the booth must not remove the ballot paper from the booth.\n\t(3)\tExcept as authorised by this Act, a person (not being an elector to whom the ballot paper has been lawfully issued) must not mark a vote, or make any other mark or writing on a ballot paper.\n\t(4)\tA person must not, without proper authority, destroy or interfere with voting papers.\n\t(5)\tA person must not wilfully deface, mutilate, destroy or remove any notice, list or other document affixed by any district returning officer.\n125—Prohibition of canvassing near polling booths\n\t(1)\tWhen a polling booth is open for polling, a person must not—\n\t(a)\tcanvass for votes; or\n\t(b)\tsolicit the vote of any elector; or\n\t(c)\tinduce an elector not to vote for a particular candidate; or\n\t(d)\tinduce an elector not to vote at the election; or\n\t(e)\texhibit a notice or sign (other than an official notice) relating to the election,\nat an entrance of, or within, the polling booth, or in any public or private place within 6 metres, or such lesser distance as may be fixed in a particular case by the presiding officer, of an entrance to the booth.\n\t(1a)\tNotwithstanding any other provision in this Act, but without limiting subsection (1)(e) and subject to subsection (1b), the following provisions apply to the exhibition of electoral advertising posters within 50 metres of an entrance to a polling booth open for polling:\n\t(a)\tin relation to a House of Assembly election—an electoral advertising poster may only be exhibited within 50 metres of an entrance to a polling booth for a district open for polling if—\n\t(i)\tit is exhibited by or with the consent of a candidate for election as the member returned for a district; and\n\t(ii)\tno more than 12 electoral advertising posters are exhibited by or with the consent of the candidate within 50 metres of an entrance to the polling booth;\n\t(b)\tin relation to a Legislative Council election—an electoral advertising poster may only be exhibited within 50 metres of an entrance to a polling booth open for polling if—\n\t(i)\tit is exhibited—\n\t(A)\tin the case of a group of candidates—by a member of the group or with the consent of the member of the group whose name on the ballot paper is at the top of the group; or\n\t(B)\tin the case of any other candidate—by or with the consent of the candidate; and\n\t(ii)\t—\n\t(A)\tin the case of a group of candidates—no more than 12 electoral advertising posters are exhibited by a member of the group or with the consent of the member of the group whose name on the ballot paper is at the top of the group within 50 metres of an entrance to the polling booth; or\n\t(B)\tin the case of any other candidate—no more than 12 electoral advertising posters are exhibited by or with the consent of the candidate within 50 metres of an entrance to the polling booth.\n\t(1b)\tAn electoral advertising poster exhibited under subsection (1a) must comply with any requirements prescribed by the regulations.\n\t(1c)\tIf an electoral advertising poster exhibited by or with the consent of a candidate contravenes subsection (1a) or (1b), the candidate is guilty of an offence.\n\t(1d)\tIf an electoral advertising poster exhibited by a member of a group or with the consent of the member of the group whose name on the ballot paper is at the top of the group contravenes subsection (1a) or (1b), the member whose name on the ballot paper is at the top of the group is guilty of an offence.\n\t(1e)\tIf an electoral advertising poster is exhibited within 50 metres of an entrance to a polling booth open for polling without the consent of a candidate or group required under subsection (1a), the person who authorised the exhibition of the poster is guilty of an offence.\n\t(1f)\tDespite subsections (1c) to (1e), if the Electoral Commissioner is satisfied that a person has contravened subsection (1c), (1d) or (1e), the Electoral Commissioner may give the person a written formal caution against further such contraventions.\n\t(1g)\tSubject to subsection (1h), if the Electoral Commissioner gives a person a written formal caution under subsection (1f), no further proceedings may be taken against the person for the contravention in relation to which the person was cautioned.\nThe presiding officer at a polling booth may (under subsection (1i)) direct or cause the removal of an electoral advertising poster exhibited in contravention of this section (whether a written formal caution is given in relation to the contravention or otherwise).\n\t(1h)\tIf, in relation to an electoral advertising poster exhibited in contravention of subsection (1c), (1d) or (1e)—\n\t(a)\ta person given a direction by a presiding officer under subsection (1i) to remove the poster fails to comply with a direction; and\n\t(b)\tthe person is also given a written formal caution under subsection (1f) in respect of the contravention; and\n\t(c)\tthe failure to comply with the direction continues after the person is given the written formal caution,\nnothing prevents criminal or civil proceedings from being taken against the person in relation to the contravention.\n\t(1i)\tIf the presiding officer at a polling booth is satisfied that an electoral advertising poster is exhibited in contravention of this section, the presiding officer may direct any of the following persons to remove the poster or cause it to be removed within a period specified by the presiding officer (which must be reasonable):\n\t(a)\tthe person who exhibited the poster;\n\t(b)\tin the case of a poster exhibited by or with the consent of—\n\t(i)\ta candidate endorsed by a registered political party—the candidate or the registered officer of the party; or\n\t(ii)\tany other candidate—the candidate;\n\t(c)\tin the case of a poster exhibited by or with the consent of—\n\t(i)\ta group endorsed by a registered political party—a member of the group or the registered officer of the party; or\n\t(ii)\tany other group—a member of the group;\n\t(d)\tany other person the presiding officer considers appropriate to be directed to remove the poster.\n\t(1j)\tIf a direction of a presiding officer is not complied with within the specified period of time, the presiding officer may cause the electoral advertising poster to which the direction relates to be removed.\n\t(1k)\tSection 115(2a) does not apply to the exhibition of an electoral advertising poster on a public road or road‑related area (including any structure, fixture or vegetation on a public road or road‑related area) in accordance with subsection (1a) and (1b).\n\t(a)\ta building used as a polling booth is situated in grounds within an enclosure; and\n\t(b)\tthe appropriate district returning officer causes to be displayed throughout the hours of polling at each entrance to those grounds a signed notice stating that those grounds are, for the purposes of subsections (1) and (1a), part of the polling booth,\nthose grounds are, for the purposes of those subsections, to be taken to be part of the polling booth.\n\t(3)\tThe reference in subsections (1) and (1a) to a polling booth that is open for polling extends to—\n\t(a)\ta declared institution at which votes are being taken by an electoral visitor;\n\t(b)\tany other place where voting papers are issued.\nelectoral advertising poster, public road and road‑related area have the same respective meanings as they have in section 115.\n126—Prohibition of advocacy of forms of voting inconsistent with Act\n\t(1)\tA person must not publicly advocate that a voter should mark a ballot paper otherwise than in the manner set out in section 76(1) or (2).\nMaximum penalty: $2 500.\n\t(2)\tA person must not distribute how-to-vote cards in relation to an election unless each card is—\n\t(a)\tmarked so as to indicate a valid vote in the manner prescribed in section 76(1) or (2); or\n\t(b)\tidentical to a card submitted for inclusion in posters under section 66; or\n\t(c)\tidentical to a card permitted to be distributed under section 112A.\nMaximum penalty: $2 500.\n\t(3)\tA person must not publicly advocate that an elector may exercise their vote in a manner inconsistent with the provisions of this Act relating to the manner in which an elector may exercise a vote.\nMaximum penalty: $2 500.\n\t(4)\tIt is a defence to a charge of an offence against subsection (3) to prove that acts alleged to constitute the offence arose from an honest and reasonable misunderstanding or mistake on the part of the defendant.\n127—Failure to transmit claim\nA person who accepts an electoral paper for transmission to an officer must immediately transmit it to the appropriate officer.\n128—Forging or uttering electoral papers\nA person must not—\n\t(a)\tforge any electoral paper; or\n\t(b)\tutter any forged electoral paper, knowing it to be forged.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n129—Protection of the official mark\n\t(1)\tA person must not, without lawful authority—\n\t(a)\tmake any mark purporting to be an official mark on or in any paper; or\n\t(b)\thave in his or her possession any paper bearing any official mark; or\n\t(c)\tmake use of or have in his or her possession any instrument capable of making on or in any paper an official mark.\n\t(2)\tA person who, without lawful authority, makes on or in any ballot paper, or on or in any paper purporting to be a ballot paper, an official mark, will be taken to have forged a ballot paper, and will be punishable accordingly.\n\t(3)\tAll paper bearing an official mark, and all instruments capable of making on or in paper an official mark, made, used, or in the possession of any person without lawful authority will be forfeited to the Crown and may without warrant be seized by a member of the police force and destroyed or dealt with as prescribed.\nofficial mark means any prescribed mark to be placed or made on or in any electoral paper, and includes any mark so nearly resembling an official mark as to be likely to deceive.\nDivision 4—Employers\n130—Employers to allow employees leave of absence to vote\n\t(1)\tIf an employee who is an elector notifies his or her employer before the polling day that he or she desires leave of absence to enable him or her to vote at any election, the employer must, if the absence desired is necessary to enable the employee to vote at the election, allow him or her leave of absence without any penalty or disproportionate deduction of pay for such reasonable period, not exceeding 2 hours, as is necessary to enable the employee to vote at the election.\n\t(2)\tAn employee must not, under pretence that he or she intends to vote at the election but without a genuine intention of doing so, obtain leave of absence under this section.\n\t(3)\tThis section does not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which the employee is engaged.\n","sortOrder":30},{"sectionNumber":"Part 13A","sectionType":"part","heading":"Election funding, expenditure and disclosure","content":"Part 13A—Election funding, expenditure and disclosure\nDivision 1—Preliminary\n130A—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nACNC registered entity means a registered entity within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth;\nadministrative expenditure means expenditure relating to the administration, operation or management of a registered political party (whether in relation to State activities of the party or otherwise), or administrative or operational expenditure of a non party member, and includes—\n\t(a)\tin the case of a party—expenditure for the administration, operation or management of the activities of the party; and\n\t(b)\tin the case of a party—expenditure on communication with members of the party on administrative, operational or management matters; and\n\t(c)\texpenditure for conferences, seminars, meetings or similar functions at which the policies of the party or non party member are discussed or formulated; and\n\t(d)\texpenditure in respect of complying with this Act and the audit of the financial accounts, claims or returns of the party or non party member under this or any other Act (including an Act of the Commonwealth); and\n\t(e)\texpenditure on the remuneration of staff engaged in the matters referred to in paragraphs (a) to (d) for the party or non party member to the extent that that expenditure relates to the time that the staff are engaged in those matters; and\n\t(f)\texpenditure on the training of staff and volunteers of the party or non party member in relation to any of the matters referred to in paragraphs (a) to (d); and\n\t(g)\texpenditure on equipment or vehicles used by staff whilst engaged in the matters referred to in paragraphs (a) to (d) for the party or non party member to the extent that that expenditure relates to use of the equipment or vehicles by the staff whilst engaged in those matters; and\n\t(h)\texpenditure on office accommodation for the staff and equipment referred to in paragraphs (e) and (g); and\n\t(i)\texpenditure on interest payments on loans; and\n\t(j)\tany other expenditure, or class of expenditure, of a prescribed kind or determined by the Electoral Commissioner to be administrative expenditure,\n\t(k)\tpolitical expenditure; or\n\t(l)\texpenditure of an electorate allowance or another allowance, expense or benefit (as determined by the Remuneration Tribunal) under section 4(1)(c) of the Parliamentary Remuneration Act 1990; or\n\t(m)\texpenditure of an allowance or benefit of a kind contemplated under section 6A(1) of the Parliamentary Remuneration Act 1990; or\n\t(n)\tin the case of a party—expenditure that is incurred substantially in respect of operations or activities relating to the election of members of the party to a Parliament other than the Parliament of South Australia, provided that nothing in this paragraph prevents the application of administrative expenditure for a federal purpose unless the expenditure is primarily for the purpose of the election of members to the Commonwealth Parliament; or\n\t(o)\texpenditure relating to local government elections; or\n\t(p)\tany other expenditure, or class of expenditure, of a prescribed kind or determined by the Electoral Commissioner not to be administrative expenditure;\nagent means a person appointed under Division 2;\napplicable expenditure cap—see section 130Z;\nassociated entity means—\n\t(a)\tan entity that is controlled by 1 or more registered political parties; or\n\t(b)\tan entity that operates wholly, or to a significant extent, for the benefit of 1 or more registered political parties; or\n\t(c)\tan entity that is a financial member of a registered political party; or\n\t(d)\tan entity on whose behalf another person is a financial member of a registered political party; or\n\t(e)\tan entity that has voting rights in a registered political party; or\n\t(f)\tan entity on whose behalf another person has voting rights in a registered political party,\nbut does not include a registered industrial organisation or an entity wholly comprised of registered industrial organisations;\nNotes—\n\t(1)\tAn associated entity is also a third party under this Part (see the definition of third party) if it—\n\t•\tincurs or intends to incur more than $10 000 in political expenditure during the designated period in relation to an election; or\n\t•\tincurred more than $10 000 in political expenditure during the designated period in relation to the last preceding general election.\n\t(2)\tA registered industrial organisation or an entity wholly comprised of registered industrial organisations is a third party under this Part if it—\n\t•\tincurs or intends to incur more than $10 000 in political expenditure during the designated period in relation to an election; or\n\t•\tincurred more than $10 000 in political expenditure during the designated period in relation to the last preceding general election.\nauditor means a person who—\n\t(a)\thas the qualifications or experience prescribed for the purposes of this definition; and\n\t(b)\tis not, and has not been within the period of 10 years immediately before acting as an auditor for the purposes of this Part, a member of a registered political party;\ncapped expenditure period means—\n\t(a)\tin the case of a general election—the period commencing at the start of the financial year in which polling day for the election is to occur and ending 30 days after that polling day; or\n\t(b)\tin the case of any other election—the period commencing on the day on which the vacancy giving rise to the election is announced in the House of Assembly by, or on behalf of, the Speaker and ending 30 days after polling day for that election;\nCPI means the Consumer Price Index (All groups index for Adelaide);\ncredit card means—\n\t(a)\tany article of a kind commonly known as a credit card; or\n\t(b)\tany similar article intended for use in obtaining cash, goods or services on credit,\nand includes any article of a kind that persons carrying on business commonly issue to their customers or prospective customers for use in obtaining goods or services from those persons on credit;\ndesignated participant means—\n\t(c)\tan entitled group; or\n\t(d)\ta third party;\ndesignated period means—\n\t(a)\tin the case of a general election—the period commencing on 1 January in the year in which the election is to be held and ending 30 days after polling day for that election; or\n\t(b)\tin the case of any other election—the period commencing on the day on which the vacancy giving rise to the election is announced in the House of Assembly by, or on behalf of, the Speaker and ending 30 days after polling day for that election;\ndisposition of property means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—\n\t(a)\tthe allotment of shares in a company; and\n\t(b)\tthe creation of a trust in property; and\n\t(c)\tthe grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; and\n\t(d)\tthe release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property; and\n\t(e)\tthe exercise by a person of a general power of appointment of property in favour of any other person; and\n\t(f)\tany transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;\ndonation means any disposition of property made by a person to another person, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes—\n\t(a)\tthe provision of a service for no consideration or for inadequate consideration, other than—\n\t(i)\tthe provision of labour for no consideration or for inadequate consideration; or\n\t(ii)\tthe provision of professional services for no consideration or for inadequate consideration; and\n\t(b)\ta fee, subscription or other amount paid to a registered political party for membership or affiliation with the party (whether compulsory or otherwise); and\n\t(c)\ta disposition of property made by a registered political party, a branch of a registered political party or an associated entity; and\n\t(d)\tthe payment of an amount in respect of a guarantee; and\n\t(e)\ta payment for the purposes of a fundraising function; and\n\t(f)\ta disposition of a prescribed kind or in prescribed circumstances,\n\t(g)\ta subscription for membership of a registered political party of $250 (2026 indexed) or less per year; or\n\t(h)\ta levy paid to a registered political party by a person in respect of the person's membership of the party; or\n\t(i)\ta payment under Division 4 or Division 5; or\n\t(j)\tan electorate allowance or another allowance, expense or benefit (as determined by the Remuneration Tribunal) under section 4(1)(c) of the Parliamentary Remuneration Act 1990; or\n\t(k)\tan allowance or benefit of a kind contemplated under section 6A(1) of the Parliamentary Remuneration Act 1990; or\n\t(l)\ta disposition of property made by a registered political party to a nominated entity of the registered political party; or\n\t(m)\tthe provision of broadcasting services for no consideration by a person engaged in a broadcasting service (within the meaning of the Broadcasting Services Act 1992 of the Commonwealth) that is not a commercial broadcasting service (within the meaning of that Act); or\n\t(n)\ta disposition of a prescribed kind or in prescribed circumstances;\nThe following are generally not regarded as dispositions of property for no consideration or inadequate consideration:\n\t•\tpayment of interest on commercial terms for the use of money borrowed;\n\t•\tpayment of interest or dividends on commercial terms for money invested.\nA payment in respect of an event or function is not a donation if the payment is only for the purposes of recovering the costs of holding the event or function (such as the costs of venue hire and food and beverages).\nelection means an election of members of the Legislative Council or an election of a member of the House of Assembly;\nelectoral donation—see Division 6A Subdivision 1;\nelectoral loan—see Division 6A Subdivision 1;\nentity means—\n\t(a)\tan incorporated or unincorporated body; or\n\t(b)\tthe trustee of a trust;\nfederal account and federal purpose have the respective meanings as they have in section 287 of the Commonwealth Electoral Act 1918;\nfinancial controller, in relation to an entity, means—\n\t(a)\tif the entity is a company—the secretary of the company; or\n\t(b)\tif the entity is the trustee of a trust—the trustee; or\n\t(c)\tin other cases—the person responsible for maintaining the financial records of the entity;\nfinancial institution means a body which carries on a business that consists of, or includes, the provision of financial services or financial products and which is—\n\t(a)\tan ADI; or\n\t(b)\ta body prescribed by the regulations for the purposes of this paragraph;\nfinancial member, in relation to a registered political party, means a person—\n\t(a)\twho pays an annual subscription to the party; or\n\t(b)\twho is defined by the party's constitution, or treated by the party, as a financial member;\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;\njournal means a newspaper, magazine or other periodical;\nloan means any of the following:\n\t(a)\tan advance of money;\n\t(b)\ta provision of credit or any other form of financial accommodation;\n\t(c)\ta payment of an amount for, on account of, on behalf of or at the request of, a person, if there is an express or implied obligation to repay the amount;\n\t(d)\ta transaction (whatever its terms or form) which in substance effects a loan of money,\n\t(e)\ta loan provided by a financial institution; or\n\t(f)\ta loan made by a registered political party to a nominated entity of the registered political party;\nA loan from a financial institution does not fall within the ambit of the definition of loan and so is not an electoral loan (seeDivision 6A).\nnominated entity, of a registered political party, means an entity the name and address of which is entered on the Register of Nominated Entities as a nominated entity of the registered political party;\nnon party member means a member of Parliament, other than a member of Parliament who is a member of a registered political party;\nperson to whom Division 6 applies—see section 130X;\npolitical expenditure means expenditure incurred—\n\t(a)\tfor the purposes of the public expression of views on a political party, a candidate in an election or a member of the House of Assembly or the Legislative Council by any means; or\n\t(b)\tfor the purposes of the public expression of views on an issue in an election by any means; or\n\t(c)\tfor the purposes of the production of any political material (not being material referred to in paragraph (a) or (b)) that is required under section 112, 115A or 116 to include the name and address of the author of the material or of the person who takes responsibility for the publication or authorisation of the material (as the case requires); or\n\t(d)\tfor the purposes of the carrying out of an opinion poll, or other research, relating to an election or the voting intentions of electors; or\n\t(e)\tfor any other prescribed purpose,\nand includes expenditure of a prescribed kind, but does not include—\n\t(f)\texpenditure that is a GST payment; or\n\t(g)\texpenditure of an electorate allowance or another allowance, expense or benefit (as determined by the Remuneration Tribunal) under section 4(1)(c) of the Parliamentary Remuneration Act 1990; or\n\t(h)\tadministrative expenditure or policy development expenditure; or\n\t(i)\texpenditure of an allowance or benefit of a kind contemplated under section 6A(1) of the Parliamentary Remuneration Act 1990; or\n\t(ia)\texpenditure by a third party on employees, other than an employee of a prescribed kind; or\n\t(j)\texpenditure of a prescribed kind;\nproperty includes money;\nregistered industrial organisation means an organisation registered under the Fair Work Act 1994 or under a law of the Commonwealth or another State or a Territory concerning the registration of industrial organisations;\nRegister of Nominated Entities means the Register of Nominated Entities established and maintained under Division 2A;\nrelevant entity means any of the following:\n\t(a)\ta registered political party;\n\t(b)\tan associated entity;\n\t(c)\ta third party;\nState campaign account—see Division 3;\nState electoral purposes does not include a federal purpose or local government electoral purpose;\nthird party means a person, other than—\n\t(a)\ta member of the House of Assembly or Legislative Council; or\n\t(b)\tthe Crown (including a public sector agency (within the meaning of the Public Sector Act 2009)); or\n\t(c)\ta registered political party, group or candidate; or\n\t(d)\ta person engaged in a broadcasting service (within the meaning of the Broadcasting Services Act 1992 of the Commonwealth) or a datacasting service; or\n\t(e)\tthe publisher of a journal (including a journal published in electronic form on the Internet),\nwho—\n\t(f)\tincurs or intends to incur more than $10 000 in political expenditure during the designated period in relation to an election; or\n\t(g)\tincurred more than $10 000 in political expenditure during the designated period in relation to the last preceding general election.\n\t(1a)\tFor the purposes of this Part, if the disclosure period for a return required to be furnished under this Part by a candidate or group has not commenced, a requirement in this Part that a return be furnished at a prescribed time during a designated period is not to be taken to require the furnishing of a return by the candidate or group at that prescribed time.\n\t(2)\tFor the purposes of this Part, the amount or value of a donation consisting of, or including, a disposition of property other than money will, if the regulations so provide, be determined in accordance with principles set out or referred to in the regulations.\n\t(3)\tFor the purposes of this Part—\n\t(a)\ta body corporate and any other body corporate that is related to the first‑mentioned body corporate is to be taken to be the same person; and\n\t(b)\tthe question whether a body corporate is related to another body corporate will be determined in the same manner as the question whether a corporation is related to another corporation is determined under the Corporations Act 2001 of the Commonwealth.\n\t(4)\tFor the purposes of this Part, a reference to person includes a reference to an unincorporated association.\n\t(5)\tSubject to subsection (5a), for the purposes of this Part—\n\t(a)\ta donation or loan made to a candidate who is a member of a group is made to the group (and not to the candidate) if it is made to the candidate for the benefit of all members of the group; and\n\t(b)\ta donation or loan made to a group all of whose members are endorsed as candidates by the same registered political party is to be treated as a donation or loan made to the party (and not to the group); and\n\t(c)\ta donation or loan made to a candidate who is endorsed as a candidate by a registered political party and who is not a member of a group is to be treated as a donation or loan made to the party (and not to the candidate).\n\t(5a)\tA disposition by will to a candidate endorsed by a registered political party (including a candidate who is a member of a group all of whose members are endorsed as candidates by the same registered political party) is not to be treated as a donation to the party.\n\t(5b)\tIf a loan is provided by a financial institution to a candidate endorsed by a registered political party (other than a loan provided in a private capacity to the candidate for their personal use), the candidate must notify the agent of the party as soon as reasonably practicable after the loan is provided in accordance with any requirements of the agent.\nA loan from a financial institution does not fall within the ambit of the definition of loan and so is not an electoral loan (see Division 6A).\n\t(5c)\tUncharged interest on a loan to a person or body is taken to be a donation to the person or body for the purposes of this section.\n\t(5d)\tFor the purposes of subsection (5c), uncharged interest, in relation to a loan to a person or body, means the additional amount that would have been payable on the loan by the person or body if—\n\t(a)\tthe loan had been made on terms requiring the payment of interest at the generally prevailing interest rate for a loan of that kind; and\n\t(b)\tany interest payable had not been waived; and\n\t(c)\tany interest payments were not capitalised.\n\t(5e)\tA disposition by will that is unlawful under this Part is void.\n\t(6)\tSubject to subsection (6a), for the purposes of this Part, political expenditure is taken to be incurred when the services for which the expenditure is incurred are actually provided or the goods for which the expenditure is incurred are actually delivered.\n\t(6a)\tPolitical expenditure on electoral matter in relation to a candidate or group for election that is incurred—\n\t(a)\tafter polling day for the last preceding general election and before the commencement of the capped expenditure period for the election; and\n\t(b)\tfor the primary purpose of publication, use or display of that electoral matter during the capped expenditure period,\nwill be taken to have been incurred during the capped expenditure period.\n\t(7)\tFor the purposes of this Part, a campaign committee appointed or formed to assist the campaign of a candidate or group in an election is, if the candidate is endorsed as a candidate by a registered political party, or all members of the group are endorsed as candidates by the same registered political party, to be treated as a part of the party.\n\t(7a)\tFor the purposes of this Part, if credit is provided on a credit card in respect of card transactions, the credit is to be treated as a separate loan for each transaction.\n\t(7b)\tDespite subsection (7a), a return under this Part need not set out details of each loan of a kind referred to in that subsection if the return includes the statement of card transactions for the relevant credit card (being the card transactions each of which constitutes a separate loan under subsection (7a)).\n\t(8)\tFor the purposes of this Part, if a monetary amount is followed by the word (indexed), the amount is to be adjusted on 1 July of each financial year by multiplying the stated amount by a proportion obtained by dividing the CPI for the March quarter of the immediately preceding financial year by the CPI for the March quarter 2014 with the amount so adjusted being rounded up to—\n\t(a)\tin the case of an amount referred to in section 130P—the nearest whole cent; or\n\t(b)\tin any other case—the nearest whole number.\n\t(9)\tFor the purposes of this Part, if a monetary amount is followed by the words (2026 indexed), the amount is to be adjusted on 1 July of each financial year beginning on 1 July 2026 by multiplying the stated amount by a proportion obtained by dividing the CPI for the March quarter of the immediately preceding financial year by the CPI for the March quarter 2025 with the amount so adjusted being rounded up to the nearest multiple of 10 cents.\n130B—Objects of Part\nThe objects of this Part are as follows:\n\t(a)\tto enhance public confidence in the electoral process by fairly and effectively regulating matters relating to electoral funding, expenditure and disclosure;\n\t(b)\tto promote integrity and accountability and reduce the risk and perception of undue influence in the electoral process by—\n\t(i)\tprohibiting electoral donations and electoral loans to certain participants and limiting other electoral donations and electoral loans; and\n\t(ii)\tproviding for public funding of elections and funding for administrative expenditure of certain participants in the electoral process; and\n\t(iii)\timposing caps on political expenditure;\n\t(c)\tto ensure transparency in the sources of funding and political expenditure of participants in the electoral process;\n\t(ca)\tto reduce the need for participants in the electoral process to engage in fundraising activities so as to improve their capacity to represent their constituents and perform functions as office holders or candidates;\n\t(d)\tto promote participation in the electoral process by any elector (including an elector of limited means).\n130C—Application of Part\nA registered political party is only required under this Part to disclose amounts received or applied for State electoral purposes.\nDivision 2—Agents\n130D—Interpretation\nappointing person or body means the registered political party, candidate, group, or third party that appoints a person to be its agent under this Division.\n130E—Appointment of agents by parties, candidates and groups\n\t(1)\tA registered political party must appoint a person to be the agent of the party for the purposes of this Part.\n\t(2)\tSubject to subsection (4), a candidate in an election (including a member of a group of candidates) may appoint a person to be the agent of the candidate, for the purposes of this Part, in relation to the election.\n\t(3)\tSubject to subsection (4), the members of a group of candidates in an election may appoint a person to be the agent of the group, for the purposes of this Part, in relation to the election.\n\t(4)\tHowever, if a registered political party has endorsed—\n\t(a)\ta candidate; or\n\t(b)\tall the members of a group of candidates,\nthe agent of the party is the agent of the candidate or group (as the case requires), for the purposes of this Part, in relation to the election.\n\t(5)\tSubject to subsection (4), during any period during which there is no appointment in force under subsection (2) of an agent of a candidate, the candidate is to be taken to be his or her own agent for the purposes of this Part.\n\t(6)\tSubject to subsection (4), during any period during which there is no appointment in force under subsection (3) of an agent of a group, the candidate whose name is to appear first in the group on the ballot papers is to be taken to be the agent of the group for the purposes of this Part.\n130F—Third parties and associated entities may appoint agents\n\t(1)\tA third party or associated entity may appoint a person to be the agent of the third party or associated entity (as the case may be) for the purposes of this Part.\n\t(2)\tDuring any period during which there is no appointment in force of an agent of a third party—\n\t(a)\tif the third party is a natural person, the third party; or\n\t(b)\tin any other case—each member of the executive committee of the third party,\nis taken to be the third party's own agent for the purposes of this Part (and, in the case referred to in paragraph (b) above, this Part applies to each such member as if the obligation rested on that member alone).\n\t(3)\tDuring any period during which there is no appointment in force of an agent of an associated entity, the financial controller of the associated entity is taken to be the associated entity's agent for the purposes of this Part.\n130G—Requisites for appointment\n\t(1)\tAn appointment of an agent under this Division has no effect unless—\n\t(a)\tthe person appointed is a natural person who has attained the age of 18 years; and\n\t(b)\twritten notice of the appointment is given to the Electoral Commissioner by the appointing person or body; and\n\t(c)\tthe name and address of the person appointed are set out in the notice; and\n\t(d)\tthe person appointed—\n\t(i)\thas signed a form of consent to the appointment; and\n\t(ii)\thas signed a declaration that he or she is eligible for appointment.\n\t(2)\tA consent or declaration under subsection (1) may be incorporated in, or written on the same paper as, a notice under that subsection.\n\t(3)\tIf a person who is the agent of an appointing person or body is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 in relation to a particular State or Commonwealth election, the person is not eligible to be appointed or to hold office as an agent for the purposes of this Part for the purposes of any subsequent election.\n\t(4)\tAn appointment (other than an appointment by a registered political party) is not effective in relation to anything required by this Part to be done—\n\t(a)\tin respect of a return under this Part in relation to an election; or\n\t(b)\tduring a specified period after polling day for an election,\nif notice of the appointment was given to the Electoral Commissioner after the close of nominations for the election.\n130H—Registration of agents\n\t(1)\tThe Electoral Commissioner must establish and maintain a register, to be known as the Register of Agents (the Register).\n\t(2)\tThe Register must contain the name and address of every person appointed to be an agent for the purposes of this Part.\n\t(3)\tThe appointment of an agent—\n\t(a)\ttakes effect on the entry of the name and address of the agent in the Register; and\n\t(b)\tceases to have effect if the name and address of the agent are removed from the Register.\n\t(4)\tThe name and address of a person may not be removed from the Register unless—\n\t(a)\tthe person gives to the Electoral Commissioner written notice that he or she has resigned the appointment as agent; or\n\t(b)\tthe appointing person or body gives to the Electoral Commissioner—\n\t(i)\twritten notice that the person has ceased to be its agent; and\n\t(ii)\tin the case of an appointing person or body that is required under this Part to have an agent—also gives notice under this Part of the appointment of another person as its agent; or\n\t(c)\tthe person is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918.\n\t(5)\tIf the agent of a registered political party dies or resigns, the registered political party must, within 28 days after the death or resignation, give to the Electoral Commissioner—\n\t(a)\twritten notice of the death or resignation; and\n\t(b)\tnotice under this Part of the appointment of another person as its agent.\n\t(6)\tIf a person who is an agent of an appointing person or body that is required under this Part to have an agent is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918, the appointing person or body must give notice under this Part of a fresh appointment within 28 days after the conviction or, if an appeal against the conviction is instituted and the conviction is affirmed, within 28 days after the appeal is determined.\n\t(7)\tAn entry in the Register is, for all purposes, conclusive evidence that the person described in the entry is the agent, for the purposes of this Part, of the appointing person or body named in the entry.\n130HA—Conferral of agent's functions and powers\n\t(1)\tSubject to this section, if an agent is temporarily absent or unavailable to perform official functions or powers, the agent may, by written instrument, confer their functions and powers under this Part on an eligible person (an acting agent) for the period of absence or unavailability.\n\t(2)\tAn instrument under subsection (1) must—\n\t(a)\tset out the name and address of the acting agent; and\n\t(b)\tcontain any other details required by the Electoral Commissioner.\n\t(3)\tA copy of an instrument under subsection (1) must be given to the Electoral Commissioner as soon as is reasonably practicable after the making of the instrument.\n\t(4)\tSubject to subsection (5), the conferral of functions and powers pursuant to an instrument under subsection (1) has effect for a period specified in the instrument (provided that the period cannot commence before the date on which a copy of the instrument is given to the Electoral Commissioner and cannot be of a duration of more than 3 months).\n\t(5)\tThe conferral of functions and powers by an agent pursuant to an instrument under subsection (1) ceases to have effect immediately on any of the following occurring:\n\t(a)\tthe appointment of the agent ceasing to have effect under this Part;\n\t(b)\tthe acting agent being convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 in relation to a particular State or Commonwealth election.\n\t(6)\tAn agent cannot exercise their functions and powers under this Part during any period for which the instrument conferring those functions and powers on an acting agent under this section has effect.\n\t(7)\tThe Electoral Commissioner may include in the Register maintained under section 130H a notation of the name and address of an acting agent and the period for which the instrument conferring functions and powers on the acting agent under this section has effect.\n\t(8)\tAn agent may, by written instrument, revoke an instrument under subsection (1).\n\t(9)\tA copy of an instrument under subsection (8) must be given to the Electoral Commissioner as soon as is reasonably practicable after the making of the instrument.\neligible person means an individual—\n\t(a)\twho is of or over the age of 18 years; and\n\t(b)\twho has not been convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918 in relation to a particular State or Commonwealth election.\n130I—Termination of appointment of agent\n\t(1)\tA candidate, the members of a group, a third party or associated entity may, by giving written notice to the Electoral Commissioner, revoke the appointment of a person as the agent of the candidate, group or third party as the case may be.\n\t(2)\tA notice under subsection (1) has no effect unless it is signed by the candidate, by each member of the group or the third party (as the case requires).\n\t(3)\tIf the agent of a candidate, group, third party or associated entity dies or resigns, the candidate, member of the group whose name is to appear first in the group on the ballot papers, third party or associated entity (as the case requires) must, within 7 days of the death or resignation, give to the Electoral Commissioner notice in writing of the death or resignation.\n130J—Responsibility for action in case of political parties\nIf—\n\t(a)\tthis Part imposes an obligation on the agent of a registered political party; and\n\t(b)\tthere is no agent of the party,\nthe obligation rests on each member of the executive committee of the party, and this Part applies to each such member as if the obligation rested on that member alone.\nDivision 2A—Nominated entities\n130JA—Register of Nominated Entities\n\t(1)\tThe Electoral Commissioner must establish and maintain a register, to be known as the Register of Nominated Entities.\n\t(2)\tThe Register of Nominated Entities must include the following details in relation to each nominated entity:\n\t(a)\tthe name and address of the entity;\n\t(b)\tthe registered political party of which the entity is a nominated entity;\n\t(c)\tany other details prescribed by regulation.\n\t(3)\tThe Electoral Commissioner must publish the Register of Nominated Entities on a website maintained by the Electoral Commissioner.\n130JB—Appointment of nominated entities\n\t(1)\tSubject to this section, a registered political party may, by notice in writing, appoint no more than 2 associated entities as nominated entities of the registered political party.\n\t(2)\tAn entity is not eligible to be appointed as a nominated entity of a registered political party if—\n\t(a)\tthe entity is not an associated entity of the registered political party; or\n\t(b)\tthe entity is currently the nominated entity of another registered political party; or\n\t(c)\tthe entity, or an officer of the entity within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth, has been convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918; or\n\t(d)\tthe appointments of 2 other associated entities as nominated entities of the registered political party are in effect.\n\t(3)\tThe agent of a registered political party must provide to the Electoral Commissioner—\n\t(a)\ta copy of a notice under subsection (1); and\n\t(b)\tdetails of the name and address of the entity; and\n\t(c)\ta copy of a declaration endorsed in a manner determined by the Electoral Commissioner by the associated entity to which the notice relates, stating that the entity is eligible to be appointed as a nominated entity of the registered political party; and\n\t(d)\tany other information or document relevant to registration of a nominated entity required by the Electoral Commissioner.\n130JC—Registration of nominated entities\n\t(1)\tThe Electoral Commissioner must, as soon as reasonably practicable after receipt of a notice under section 130JB(3), enter the name and address of the nominated entity to which the notice relates as a nominated entity of the registered political party on the Register of Nominated Entities if the Electoral Commissioner is satisfied that the entity is eligible to be appointed as a nominated entity of the registered political party.\n\t(2)\tThe appointment of an entity as a nominated entity of a registered political party takes effect when the Electoral Commissioner enters the name and address of the entity, and the registered political party of which the entity is a nominated entity, on the Register of Nominated Entities.\n130JD—Revocation etc of appointment and removal from Register of Nominated Entities\n\t(1)\tThe agent of a registered political party may, by notice in writing, revoke the appointment of an entity as a nominated entity of the registered political party.\n\t(2)\tA nominated entity may resign as a nominated entity of the registered political party by notice in writing to the agent of the registered political party.\n\t(3)\tThe agent of a registered political party must give the Electoral Commissioner a copy of a notice under subsection (1) or (2) as soon as reasonably practicable after giving or receiving (as the case may be) the relevant notice.\n\t(4)\tThe Electoral Commissioner must, as soon as reasonably practicable after receipt of a notice under subsection (1) or (2), remove the name and address of the entity to which the notice relates, as a nominated entity of the registered political party, from the Register of Nominated Entities.\n\t(5)\tThe Electoral Commissioner must remove the name and address of an entity, as a nominated entity of a registered political party, from the Register of Nominated Entities if—\n\t(a)\tthe entity ceases to be an associated entity of the registered political party; or\n\t(b)\tthe entity, or an officer of the entity within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth, is convicted of an offence against this Part or Part 20 of the Commonwealth Electoral Act 1918.\n\t(6)\tThe appointment of an entity as a nominated entity of a registered political party ceases if the Electoral Commissioner removes the name and address of the entity, as a nominated entity of the registered political party, from the Register of Nominated Entities.\nDivision 3—State campaign accounts\n130K—Requirement to keep State campaign account\n\t(1)\tThe agent of a registered political party, third party, candidate or group must keep a separate account (a State campaign account) with an ADI for State electoral purposes.\n\t(2)\tSubsection (1) does not apply to a third party if the third party does not receive any amounts of a kind required to be paid into a State campaign account under this Act.\n130KA—Register of State campaign accounts\n\t(1)\tThe Electoral Commissioner must establish and maintain a register of State campaign accounts required to be kept under this Division, to be known as the Register of State campaign accounts.\n\t(2)\tThe Register of State campaign accounts must include the following details in relation to each account:\n\t(a)\tthe name and account number of the account;\n\t(b)\tthe agent responsible for the account;\n\t(c)\tany other details required by the Electoral Commissioner.\n\t(3)\tAn agent required to keep a State campaign account under this Division must, on the request of the Electoral Commissioner, provide the Electoral Commissioner with any details relating to the account required by the Electoral Commissioner.\n\t(4)\tAn agent must not keep a State campaign account unless the account is included in the Register of State campaign accounts.\n130L—Amounts to be paid into State campaign account\n\t(1)\tSubject to this section (including regulations under subsection (4)), the agent of a registered political party, third party, candidate or group must ensure that the following amounts received by or on behalf of the registered political party, third party, candidate or group are paid into the State campaign account kept by the agent of the registered political party, third party, candidate or group:\n\t(a)\ta payment of funding under Division 4;\n\t(b)\tan amount of money lawfully received by or on behalf of a registered political party, third party, candidate or group intended to be used by the registered political party, third party, candidate or group (as the case may be)—\n\t(i)\tto enable the registered political party, third party, candidate or group to incur political expenditure; or\n\t(ii)\tto reimburse the registered political party, third party, candidate or group for incurring political expenditure.\nIf an amount of money is received for multiple purposes, this provision requires that the part of the amount intended to be used for a purpose referred to in subparagraph (i) or (ii) is to be paid into the State campaign account.\n\t(2)\tIn addition, the agent of a designated participant must ensure that a donation that is an amount of money received by or on behalf of the designated participant is paid into the State campaign account kept by the agent of the designated participant unless—\n\t(a)\tthe donation is made or received in contravention of this Part; or\n\t(b)\tthe donation is not an electoral donation; or\n\t(c)\tthe donation is otherwise an amount that must not be paid into such an account in accordance with this Division.\n\t(3)\tNothing in this section is to be taken to apply to an amount received by a person that is lawfully paid into a federal account kept in accordance with the Commonwealth Electoral Act 1918.\n\t(4)\tThe regulations may make provision in relation to amounts that the agent of a registered political party, third party, candidate or group must, or must not, pay into the State campaign account kept by the agent.\n\t(5)\tIf a person keeps a federal account with an ADI for a federal purpose, the agent of the person must ensure that no amount is paid or transferred from that account into the State campaign account.\n\t(6)\tA person does not commit an offence against this Part for a contravention of a provision of this section (or the regulations) if the person, on becoming aware that an amount of money was paid into the State campaign account in contravention of the relevant provision, takes all reasonable steps to immediately withdraw the amount from the account.\n130M—Political expenditure to be paid out of State campaign account\nAn agent required to keep a State campaign account under this Division must ensure that any payment of money for political expenditure of the registered political party, third party, candidate or group on behalf of which the State campaign account is kept is paid from, or attributed to, its State campaign account in accordance with any requirements of the Electoral Commissioner.\nDivision 4—Public funding of candidates and groups for elections\n130O—Interpretation\nIn this section—\neligible vote means a first preference vote on a formal ballot paper in an election;\ntotal primary vote means the total number of eligible votes cast in favour of all of the candidates in an election by electors for the relevant electoral district.\n130P—General entitlement to funds\n\t(1)\tSubject to this Division, the amount of election funding payable in respect of a general election (including a simultaneous Legislative Council election) for—\n\t(a)\teach candidate in the general election or candidate or group in the Legislative Council election endorsed by a registered political party at least 1 member of which was a member of Parliament at the time of the dissolution of the Parliament in relation to the election is for each eligible vote given to the candidate or group $5.50 (2026 indexed); and\n\t(b)\teach candidate in the general election or candidate or group in the Legislative Council election endorsed by any other registered political party is—\n\t(i)\tfor each eligible vote given to the candidate or group that falls within the range of 0% to 10% of the total primary vote—$6.00 (2026 indexed); and\n\t(ii)\tfor each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$5.50 (2026 indexed); and\n\t(c)\teach candidate in the general election or Legislative Council election (other than a candidate of a kind referred to in paragraph (a) or (b)) who was a member of Parliament at the time of the dissolution of the Parliament in relation to the election is for each eligible vote given to the candidate $8.50 (2026 indexed); and\n\t(d)\tany other candidate or group in the general election or Legislative Council election is—\n\t(i)\tfor each eligible vote given to the candidate or group that falls within the range of 0% to 10% of the total primary vote—$9.00 (2026 indexed); and\n\t(ii)\tfor each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$8.50 (2026 indexed).\n\t(2)\tSubject to this Division, the amount of election funding payable in respect of an election for a House of Assembly district (other than an election held as part of a general election) for—\n\t(a)\teach candidate in the election endorsed by a registered political party at least 1 member of which was a member of Parliament at the time of the event that resulted in the vacancy that gave rise to the election is for each eligible vote given to the candidate $8.50 (2026 indexed); and\n\t(b)\tany other candidate in the election is—\n\t(i)\tfor each eligible vote given to the candidate that falls within the range of 0% to 10% of the total primary vote—$9.00 (2026 indexed); and\n\t(ii)\tfor each eligible vote given to the candidate or group that exceeds 10% of the total primary vote—$8.50 (2026 indexed).\n130PA—Advance payments relating to House of Assembly districts at general elections\n\t(1)\tSubject to this Division, in relation to a general election, the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading \"Recipient\") the payments referred to in the third and fourth columns of the table (under the headings \"Payment A\" and \"Payment B\") in accordance with the provisions of the table:\n\nAdvance payments relating to House of Assembly districts at general elections\nItem\nPayment A\nPayment B\nentitled registered political party that endorses 1 or more candidates in the election\nif—\n\t(a)\tthe party elects to be treated as a recontesting party—60% of the notional amount for the party; or\n\t(b)\tthe party does not so elect—$2 500 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number) at the general election,\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party\nif—\n\t(a)\tthe party elects to be treated as a recontesting party—20% of the notional amount for the party; or\n\t(b)\tthe party does not so elect—$2 500 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number) at the general election,\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party or the issue of the writs for the general election (whichever occurs later)\nregistered political party (other than an entitled registered political party) that endorses 1 or more candidates in the election\n60% of the notional amount for the party, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party\n20% of the notional amount for the party, to be paid as soon as reasonably practicable after the issue of the writs for the general election\ncandidate in a House of Assembly district who is not endorsed by a registered political party and is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election)\n60% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate\n20% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the issue of the writs for the general election\nentitled candidate in a House of Assembly district\nif—\n\t(a)\tthe candidate elects to be treated as a recontesting candidate—60% of the notional amount for the candidate; or\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate\nif—\n\t(a)\tthe candidate elects to be treated as a recontesting candidate—20% of the notional amount for the candidate; or\nto be paid as soon as reasonably practicable after the day on which the person is nominated as a candidate\n\t(a)\tthe agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;\n\t(b)\tfor the purposes of the payments referred to in item 1, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous general election for each candidate endorsed by the party in a House of Assembly district; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;\n\t(c)\tfor the purposes of the payments referred to in item 2, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous general election for each candidate endorsed by the party in a House of Assembly district; by\n\t(ii)\tthe amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the previous general election from that amount) for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;\nExample—\nParty A has at least 1 member of Parliament (or had at least 1 member at the time of the dissolution of the Parliament for the 2026 general election). The number of eligible votes given at the 2022 general election for candidates endorsed by Party A in House of Assembly districts is 100 000. The amount of election funding payable under section 130P for each eligible vote as if those votes were given at the general election to which the payments referred to in item 2 relate (that is, the 2026 general election) is $5.50 (2026 indexed). The notional amount is $550 000.\n\t(d)\tfor the purposes of the payments referred to in item 3, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous general election for the member at the previous election at which the member was elected; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;\n\t(e)\tfor the purposes of the payments referred to in item 4, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous general election for the candidate at the previous election at which the candidate was elected; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the general election to which the payments referred to in the item relate;\n\t(f)\tthe prescribed maximum number is the number equal to the number of House of Assembly districts in the State.\n130PB—Advance payments—other House of Assembly elections\n\t(1)\tSubject to this Division, in relation to an election for a House of Assembly district (other than an election held as part of a general election), the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading \"Recipient\") the payment referred to in the third column of the table (under the heading \"Payment\") in accordance with the provisions of the table:\n\nAdvance payments—other House of Assembly elections\nItem\nPayment\nentitled registered political party that endorses a candidate in the election\nif—\n\t(a)\tthe party elects to be treated as a recontesting party—80% of the notional amount for the party; or\n\t(b)\tthe party does not so elect—the designated amount,\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party\nentitled candidate in the election\nif—\n\t(a)\tthe candidate elects to be treated as a recontesting candidate—80% of the notional amount for the candidate; or\n\t(b)\tthe candidate does not so elect—the designated amount,\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate\n\t(a)\tthe agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;\n\t(b)\tfor the purposes of the payment referred to in item 1, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous election for the district (whether held as part of a general election or otherwise) for the candidate endorsed by the party; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the election to which the payments referred to in the item relate;\n\t(c)\tfor the purposes of the payment referred to in item 2, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the previous election for the district (whether held as part of a general election or otherwise) for the candidate; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the election to which the payments referred to in the item relate;\n\t(d)\tdesignated amount, in relation to an election for a district, means the lesser of the following amounts:\n\t(i)\tthe amount determined by dividing $50 000 (2026 indexed) by the number of candidates endorsed by entitled registered political parties and entitled candidates at the election;\n\t(ii)\t$5 000 (2026 indexed).\n130PC—Advance payments—Legislative Council election\n\t(1)\tSubject to this Division, in relation to an election for the Legislative Council district (held simultaneously with a general election), the Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of a person or body referred to in the second column of the following table (under the heading \"Recipient\") the payments referred to in the third and fourth columns of the table (under the headings \"Payment A\" and \"Payment B\") in accordance with the provisions of the table:\n\nAdvance payments relating to Legislative Council election\nItem\nPayment A\nPayment B\nentitled registered political party that endorses 1 or more candidates in the Legislative Council district (whether or not the party also endorses candidates in 1 or more House of Assembly districts at the general election)\nif—\n\t(a)\tthe party elects to be treated as a recontesting party—60% of the notional amount for the party; or\n\t(b)\tthe party does not so elect—$2 500 (2026 indexed) for each candidate endorsed by the party in the Legislative Council district (up to a maximum of 6 candidates),\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party\nif—\n\t(a)\tthe party elects to be treated as a recontesting party—20% of the notional amount for the party; or\n\t(b)\tthe party does not so elect—$2 500 (2026 indexed) for each candidate endorsed by the party in the Legislative Council district (up to a maximum of 6 candidates),\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party or the issue of the writs for the general election (whichever occurs later)\nany other registered political party that endorses 1 or more candidates in the Legislative Council district (whether or not the party also endorses candidates in 1 or more House of Assembly districts at the general election)\n60% of the notional amount for the party, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the party\n20% of the notional amount for the party, to be paid as soon as reasonably practicable after the issue of the writs for the general election\ncandidate in the Legislative Council district who is not endorsed by a registered political party and is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election)\n60% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate\n20% of the notional amount for the member's agent, to be paid as soon as reasonably practicable after the issue of the writs for the general election\ngroup of candidates in the Legislative Council district not endorsed by a registered political party and a member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the general election)\n60% of the notional amount for the group, to be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the group\n20% of the notional amount for the group, to be paid as soon as reasonably practicable after the issue of the writs for the general election\nentitled group in the Legislative Council district\nif—\n\t(a)\tthe group elects to be treated as a recontesting group—60% of the notional amount for the group; or\n\t(b)\tthe group does not so elect—$2 500 (2026 indexed),\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the group\nif—\n\t(a)\tthe group elects to be treated as a recontesting group—20% of the notional amount for the group; or\n\t(b)\tthe group does not so elect—$2 500 (2026 indexed),\nto be paid as soon as reasonably practicable after the day on which the members of the group apply under section 58 to have their names grouped together on the ballot papers for the election\nentitled candidate in the Legislative Council district\nif—\n\t(a)\tthe candidate elects to be treated as a recontesting candidate—60% of the notional amount for the candidate; or\nto be paid as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged in respect of the candidate\nif—\n\t(a)\tthe candidate elects to be treated as a recontesting candidate—20% of the notional amount for the candidate; or\nto be paid as soon as reasonably practicable after the day on which the person is nominated as a candidate\n\t(a)\tthe agent of a recipient referred to in the second column must lodge a certificate with the Electoral Commissioner in accordance with section 130PF;\n\t(b)\tfor the purposes of the payments referred to in item 1, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given for each candidate or group endorsed by the party at the preceding Legislative Council election; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election held simultaneously with the general election to which the payments referred to in the item relate;\n\t(c)\tfor the purposes of the payments referred to in item 2—\n\t(i)\tthe notional amount means—\n\t(A)\tin the case of a party that became registered during the period beginning on the day after polling day for the Legislative Council election (the twice preceding Legislative Council election) preceding the general election preceding the election to which the payments relate and ending on polling day for the preceding general election—the amount calculated by multiplying—\n\t•\tthe number of eligible votes given at the Legislative Council election held simultaneously with that preceding general election for each candidate or group endorsed by the party at that Legislative Council election; by\n\t•\tthe amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the Legislative Council election held simultaneously with that preceding general election from that amount) for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate; or\n\t(B)\tin any other case—the amount calculated by multiplying—\n\t•\tthe number of eligible votes given for each candidate or group endorsed by the party at the twice preceding Legislative Council election; by\n\t•\tthe amount of election funding payable under section 130P (after deducting any deductible amount (within the meaning of section 130Q) applying in relation to the twice preceding Legislative Council election from that amount) for each such eligible vote as if they were given at the Legislative Council election held simultaneously with the general election to which the payments referred to in the item relate; and\n\t(ii)\tsubject to subparagraph (iii), in relation to a notional amount payable to the agent of an eligible Legislative Council minor party calculated under subparagraph (i)(B) in respect of the twice preceding Legislative Council election—\n\t(A)\tthe agent of the party may request that an amount specified in the request (which may not exceed 50% of the notional amount) be paid to the agent for the purposes of the Legislative Council election next occurring after that twice preceding Legislative Council election; and\n\t(B)\tthe Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent of the party the specified amount as soon as reasonably practicable after the day on which a certificate under section 130PF is lodged for the party for the purposes of the payment; and\n\t(iii)\tfor the purposes of subparagraph (ii)—\n\t(A)\ta request of a kind referred to in subparagraph (ii) must be included in the certificate lodged with the Electoral Commissioner by the agent of the party in accordance with section 130PF; and\n\t(B)\tthe payment referred to in subparagraph (ii) must be made as soon as reasonably practicable after the day on which the certificate is lodged; and\n\t(C)\tthe amount paid under subparagraph (ii)(B) will be deducted from the amount payable to the agent under this Division in respect of the next Legislative Council election (being the election next occurring after the Legislative Council election in relation to which that amount is paid);\n\t(d)\tfor the purposes of the payments referred to in item 3, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the twice preceding Legislative Council election for the member; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;\n\t(e)\tfor the purposes of the payments referred to in item 4, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the twice preceding Legislative Council election for the group of which the member was a member; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;\n\t(f)\tfor the purposes of the payment referred to in item 5, the notional amount, in relation to an entitled group (the recontesting group), means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the preceding Legislative Council election for the group of which the member of the recontesting group whose name is to appear first in the recontesting group on the ballot papers was a member; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate;\n\t(g)\tfor the purposes of the payment referred to in item 6, the notional amount means the amount calculated by multiplying—\n\t(i)\tthe number of eligible votes given at the preceding Legislative Council election for the candidate; by\n\t(ii)\tthe amount of election funding payable under section 130P for each such eligible vote as if they were given at the Legislative Council election to which the payments referred to in the item relate.\n\t(3)\tIf a Legislative Council minor party—\n\t(a)\tendorses 1 or more candidates in a Legislative Council election and 1 or more candidates in House of Assembly districts at the general election with which the Legislative Council election is held simultaneously; and\n\t(b)\thas not endorsed 1 or more candidates in House of Assembly districts at a previous general election (whether held before or after the commencement of this subsection),\nthe Electoral Commissioner must, in a manner prescribed by the regulations, pay to the agent the amount of $5 000 (2026 indexed) for each candidate endorsed by the party in a House of Assembly district (up to the prescribed maximum number (as defined in section 130PA)).\n\t(4)\tFor the purposes of subsection (3)—\n\t(a)\tthe certificate lodged by the agent of the party with the Electoral Commissioner in accordance with section 130PF must include a declaration that the party has not endorsed 1 or more candidates in House of Assembly districts at a previous general election; and\n\t(b)\tthe amount payable under subsection (3) must be paid to the agent as soon as reasonably practicable after the day on which the certificate is lodged.\nLegislative Council minor party, in relation to an election, means a registered political party in respect of which—\n\t(a)\t2 or fewer members of the party are members of the Legislative Council (or were members of the Legislative Council at the time of the dissolution of the Parliament in relation to the election); and\n\t(b)\tno other member of the party is a member of Parliament (or was a member of Parliament at the time of the dissolution of the Parliament in relation to that election).\n130PD—Early payment of certain advance funding\n\t(1)\tThe agent of a registered political party (other than an entitled registered political party) or non party member may, in respect of a general election, give the Electoral Commissioner a notice for payment of either of the following:\n\t(a)\ta specified percentage of the payment payable to the agent under section 130PA for the election referred to as Payment A in the table under that section (up to a maximum of 10% of Payment A or $100 000, whichever is the lesser);\n\t(b)\ta specified percentage of the payment payable to the agent under section 130PC for the election referred to as Payment A in the table under that section (up to a maximum of 10% of Payment A or $100 000, whichever is the lesser).\n\t(2)\tA notice under subsection (1) in respect of a general election—\n\t(a)\tmay only be given during the period commencing from the day falling 30 days after polling day for the previous general election and ending at the start of the capped expenditure period for the general election; and\n\t(b)\tmust—\n\t(i)\tbe given in a manner and form determined by the Electoral Commissioner; and\n\t(ii)\tcontain a verification that the payment under the notice is sought in respect of the general election by the registered political party or non party member; and\n\t(iii)\tcontain an undertaking that the payment under the notice will be used for political expenditure.\n\t(3)\tThe Electoral Commissioner must pay a payment specified in a notice under subsection (1) to the relevant agent as soon as reasonably practicable after receipt of the notice.\n\t(4)\tAn amount paid—\n\t(a)\tin accordance with paragraph (a) of subsection (1) will be deducted from Payment A referred to in that paragraph; or\n\t(b)\tin accordance with paragraph (b) of subsection (1) will be deducted from Payment A referred to in that paragraph.\n\t(5)\tThe agent of a registered political party or non party member must ensure that a payment to the agent under this section is only used for political expenditure.\n\t(6)\tFor the purposes of this Part, expenditure attributable to a payment to the agent of a registered political party or non party member under this section in respect of a general election is taken to be political expenditure incurred by the party or non party member (as the case requires) during the capped expenditure period for the election.\n\t(7)\tIf an agent of a registered political party or non party member gives a notice under subsection (1) in respect of a general election, the agent cannot give the Electoral Commissioner another notice under subsection (1) in respect of that election.\n130PE—Payments of advance funding to be deducted from public funding etc\n\t(1)\tIf an amount is payable under section 130P (taking into account any reduction of the amount under section 130Q) to an agent in respect of an election (whether a general election or otherwise) any amount under section 130PA to 130PD (inclusive) paid to the agent in respect of that election is to be deducted from the amount payable under section 130P.\n\t(2)\tThe Electoral Commissioner may require the repayment of any amount under section 130PA to 130PD (inclusive) received by an agent in respect of an election (whether a general election or otherwise) if—\n\t(a)\tin all cases—the registered political party, candidate or group for which the agent is appointed does not contest the election, unless, in the case of a candidate or group, the Electoral Commissioner is satisfied that the candidate or group has good reason for not contesting the election; or\n\t(b)\tin the case of the agent of a registered political party, candidate or group, other than—\n\t(i)\ta party at least 1 member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election); or\n\t(ii)\ta candidate who is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election); or\n\t(iii)\ta group a member of which is a member of Parliament (or was a member at the time of the dissolution of the Parliament in relation to the election),\nthere is no entitlement by virtue of section 130Q(1) or (2) for payment in respect of votes given in the election to be made to the agent; or\n\t(c)\tin the case of the agent of a registered political party—before polling day for the election, the party ceases to operate or be registered or it has been, or is being, dissolved or wound up.\n130PF—Certificate for advance payments\n\t(1)\tThe following provisions apply to a certificate required to be lodged with the Electoral Commissioner by an agent under section 130PA or 130PC:\n\t(a)\tthe certificate must be lodged in a manner and form determined by the Electoral Commissioner;\n\t(b)\tthe certificate must contain a verification that the relevant payments under section 130PA or 130PC, and payment under section 130P, are sought in respect of the election by the person or body to which the certificate relates;\n\t(c)\tthe certificate must contain an undertaking that those payments will be used for State electoral purposes;\n\t(d)\tin the case of a certificate lodged for an entitled registered political party under section 130PA—the certificate must state the number of House of Assembly districts in which a candidate endorsed by the party will stand for election;\n\t(e)\tin the case of a certificate lodged for an entitled registered political party under section 130PC—the certificate must state the number of candidates (up to a maximum of 6) endorsed by the party in the election for the purposes of payments under section 130PC;\n\t(f)\tin the case of a certificate lodged for a group or candidate (other than a group or candidate endorsed by a registered political party)—the certificate must contain a declaration endorsed in a manner determined by the Electoral Commissioner—\n\t(i)\tif the certificate is lodged for candidates in a group—that each candidate is qualified to stand as a candidate in the election; or\n\t(ii)\tin any other case—that the candidate is qualified to stand as a candidate in the election;\n\t(g)\tin the case of a certificate lodged for an entitled registered political party, entitled group or entitled candidate—the certificate must indicate, in a manner determined by the Electoral Commissioner, whether the entitled registered political party, entitled group or entitled candidate (as the case may be) elects to be treated as a recontesting party, candidate or group (as the case requires) for the purposes of the payments to which the certificate relates;\n\t(h)\tthe certificate (other than a certificate lodged for a registered political party) must be endorsed in a manner determined by the Electoral Commissioner—\n\t(i)\tin the case of a certificate lodged for candidates in an entitled group—by at least 250 electors for the Legislative Council electoral district for each candidate in the entitled group; or\n\t(ii)\tin the case of a certificate lodged for an entitled candidate in a Legislative Council election (other than a candidate of a kind referred to in subparagraph (i))—at least 250 electors for the Legislative Council electoral district; or\n\t(iii)\tin the case of a certificate lodged for an entitled candidate (other than a candidate of a kind referred to in subparagraph (i) or (ii))—by at least 20 electors for the relevant district;\n\t(i)\tin the case of a certificate relating to 2 or more candidates who intend to have their names grouped together on the ballot paper in accordance with section 58 that is lodged in respect of them before the relevant application is made—the certificate must contain a declaration that such an application will be made before the hour of nomination for the election.\n\t(2)\tThe following provisions apply to a certificate required to be lodged with the Electoral Commissioner by an agent of a candidate under section 130PB:\n\t(a)\tthe certificate must be lodged in a manner and form determined by the Electoral Commissioner;\n\t(b)\tthe certificate must contain a verification that the relevant payments under sections 130PB and 130P are sought by the candidate in respect of the election;\n\t(c)\tthe certificate must contain an undertaking that those payments will be used for State electoral purposes;\n\t(d)\tthe certificate must indicate, in a manner determined by the Electoral Commissioner, whether the entitled registered political party or entitled candidate (as the case may be) elects to be treated as a recontesting party or candidate (as the case requires) for the purposes of the payments to which the certificate relates;\n\t(e)\tin the case of a certificate lodged for an entitled candidate—the certificate must be endorsed in a manner determined by the Electoral Commissioner by at least 20 electors for the relevant district.\n\t(3)\tA certificate cannot be lodged under subsection (1) in relation to an election before the commencement of the capped expenditure period for the election.\n\t(4)\tA certificate cannot be lodged under subsection (2) for a candidate in relation to an election before the receipt of the candidate's nomination for the election.\n\t(5)\tA certificate seeking payment under section 130PA, 130PB or 130PC cannot be lodged on or after polling day for the election for which the payment is sought.\n\t(6)\tA certificate required to state the number of candidates endorsed by an entitled registered political party may be lodged under this section even if the identity of the candidates is not determined at the time of lodgement.\n\t(7)\tA certificate lodged under this section cannot be withdrawn.\n130PG—Special provisions relating to advance payments\n\t(1)\tThe total amount payable to the agent of a person to whom Division 6 applies under section 130PA to 130PC in relation to an election cannot exceed the amount equal to the person's applicable expenditure cap for the election.\n\t(2)\tIf an entitled registered political party lodges a certificate under section 130PA and, as at the hour of nomination in relation to the election, the number of House of Assembly districts in which a candidate endorsed by the party is nominated is different from the number that the certificate states will stand for election, the following provisions apply:\n\t(a)\tthe Electoral Commissioner must give the agent of the entitled registered political party a notice setting out—\n\t(i)\tthe difference between the number of candidates nominated and the number stated in the certificate; and\n\t(ii)\tif—\n\t(A)\tthe difference is positive, the amount of additional funding payable to the agent under section 130PA (being Payment A and Payment B in respect of each additional candidate nominated); or\n\t(B)\tthe difference is negative, the fact that the agent is required to repay the excess amount of funding paid under section 130PA in accordance with paragraph (b);\n\t(b)\tfor the purposes of paragraph (a)(ii)(B), the agent of the entitled registered political party must repay to the Electoral Commissioner, in accordance with any requirements of the Electoral Commissioner, the sum of Payment A and Payment B multiplied by the difference referred to in the notice under paragraph (a) (disregarding the negative sign).\n\t(3)\tFor the purposes of this Part, additional funding payable under subsection (2)(a)(ii)(A)—\n\t(a)\twill be taken to be an amount paid under section 130PA; and\n\t(b)\tmust be paid as soon as reasonably practicable after the notice under paragraph (a) is given.\n\t(4)\tIf an entitled registered political party lodges a certificate under section 130PC and, as at the hour of nomination in relation to the Legislative Council election, the number of candidates endorsed by the party nominated for the election (up to a maximum of 6) is different from the number that the certificate states will stand for election, the following provisions apply:\n\t(a)\tthe Electoral Commissioner must give the agent of the entitled registered political party a notice setting out—\n\t(i)\tthe difference between the number of candidates nominated and the number stated in the certificate; and\n\t(ii)\tif—\n\t(A)\tthe difference is positive, the amount of additional funding payable to the agent under section 130PC (being Payment A and Payment B in respect of each additional candidate nominated); or\n\t(B)\tthe difference is negative, the fact that the agent is required to repay the excess amount of funding paid under section 130PC in accordance with paragraph (b);\n\t(b)\tfor the purposes of paragraph (a)(ii)(B), the agent of the entitled registered political party must repay to the Electoral Commissioner, in accordance with any requirements of the Electoral Commissioner, the sum of Payment A and Payment B multiplied by the difference referred to in the notice under paragraph (a) (disregarding the negative sign).\n\t(5)\tFor the purposes of this Part, additional funding payable under subsection (4)(a)(ii)(A)—\n\t(a)\twill be taken to be an amount paid under section 130PC; and\n\t(b)\tmust be paid as soon as reasonably practicable after the notice under paragraph (a) is given.\n130Q—Payment not to be made or to be reduced in certain circumstances\n\t(1)\tA payment referred to in section 130P will not be made in respect of votes given in an election for a candidate unless—\n\t(a)\tthe total number of eligible votes cast in favour of the candidate is—\n\t(i)\tin the case of a candidate in a Legislative Council election—at least 2% of the total primary vote; or\n\t(ii)\tin the case of a candidate in a House of Assembly election—at least 4% of the total primary vote; or\n\t(b)\tthe candidate is elected.\n\t(2)\tA payment referred to in section 130P will not be made in respect of votes given in an election for a group unless—\n\t(a)\tthe total number of eligible votes cast in favour of the group is at least 2% of the total primary vote; or\n\t(b)\ta member of the group is elected.\n\t(3)\tA payment referred to in section 130P will not be made in respect of votes given in an election for a candidate or group unless—\n\t(a)\ta certificate was lodged under section 130PF in respect of the candidate or group for the election; or\n\t(b)\tif paragraph (a) does not apply, within 14 days after polling day for the election (or such longer period as the Electoral Commissioner may allow), the agent of the candidate or group lodges a certificate under this paragraph to receive funding in respect of the election.\n\t(4)\tA certificate under subsection (3)(b) must—\n\t(a)\tbe accompanied by any information or material required by the Electoral Commissioner; and\n\t(b)\tbe lodged in a manner and form determined by the Electoral Commissioner.\n\t(5)\tThe deductible amount for a House of Assembly election or Legislative Council election must be deducted from the amount of election funding payable in accordance with section 130P(1)(a) or (b) to the agent of a registered political party for the relevant election.\n\t(6)\tNo amount is payable under this Division to the agent of a registered political party in relation to an election if the date of registration of the party under Part 6 is less than 8 months before polling day for the election to which the amount relates.\n\t(7)\tIf the agent of a person to whom Division 6 applies fails to ensure that the person does not incur political expenditure in excess of the person's applicable expenditure cap during the capped expenditure period in relation to an election—\n\t(a)\tthe amount payable in accordance with section 130P to that agent is reduced by an amount equal to 20 times the excess amount; or\n\t(b)\tif the excess amount is greater than the amount payable in accordance with section 130P—the payment will not be made to the relevant agent.\n\t(8)\tIf, in relation to the payment of an amount in accordance with section 130P to an agent, the Electoral Commissioner is not satisfied, based on an expenditure return under section 130ZQ furnished by the relevant agent, that—\n\t(a)\tin the case of a payment to be made to the agent of a registered political party—the combined political expenditure of the party and candidates endorsed by the party; or\n\t(b)\tin the case of a payment to be made to the agent of a candidate not endorsed by a registered political party or a group whose members are not endorsed by a registered political party—the political expenditure of the candidate or group (as the case requires),\nexceeds the amount that would, apart from this subsection, be payable in accordance with section 130P to the relevant agent—\n\t(c)\tin a case where there is no satisfactory evidence of political expenditure—a payment in accordance with section 130P will not be made to the relevant agent; or\n\t(d)\tin a case where there is satisfactory evidence of political expenditure but the total of that expenditure is less than the amount that would otherwise be payable in accordance with section 130P to the relevant agent—the amount payable in accordance with section 130P is reduced to an amount equal to the amount of that expenditure.\n\t(9)\tThe following provisions apply for the purposes of determining the deductible amount in relation to election funding payable to the agent of a registered political party:\n\t(a)\tfor a general election (of members of the House of Assembly), the deductible amount is determined—\n\t(i)\tby dividing the number of districts in which a candidate is endorsed by the party at the general election by the total number of House of Assembly districts and then multiplying the quotient of that division by the aggregate primary vote to obtain the relevant aggregate primary vote; and\n\t(ii)\tby dividing the sum of the eligible votes given for the candidates endorsed by the party at the general election by the relevant aggregate primary vote; and\n\t(iii)\tby subtracting 0.33 from the quotient obtained in subparagraph (ii); and\n\t(iv)\tif the result of the subtraction under subparagraph (iii) is negative, the deductible amount is $0; and\n\t(v)\tif the result of the subtraction under subparagraph (iii) is positive, the deductible amount is the amount obtained by—\n\t(A)\tmultiplying the result of that subtraction by the relevant aggregate primary vote; and\n\t(B)\tmultiplying the result of that multiplication by $5.50 (2026 indexed);\n\t(b)\tfor a Legislative Council election, the deductible amount is determined—\n\t(i)\tby dividing the sum of the eligible votes given for the groups and candidates endorsed by the party at the election by the Legislative Council aggregate primary vote; and\n\t(ii)\tby subtracting 0.33 from the quotient obtained in subparagraph (i); and\n\t(iii)\tif the result of the subtraction under subparagraph (ii) is negative, the deductible amount is $0; and\n\t(iv)\tif the result of the subtraction under subparagraph (ii) is positive, the deductible amount is the amount obtained by—\n\t(A)\tmultiplying the result of that subtraction by the total primary vote; and\n\t(B)\tmultiplying the result of that multiplication by $5.50 (2026 indexed).\naggregate primary vote means the total number of eligible votes cast in favour of all of the candidates in a general election of members of the House of Assembly;\ndeductible amount—see subsection (9);\nexcess amount, in relation to a person, means the amount by which—\n\t(a)\tthe political expenditure of the person; and\n\t(b)\tany political expenditure of another person or body incurred as part of a scheme of a kind referred to in section 130ZZE(a3)(a),\nexceed the applicable expenditure cap;\nLegislative Council aggregate primary vote means the total number of eligible votes cast in favour of all of the candidates (including members of groups) in a Legislative Council election.\n130R—Making of payments\n\t(1)\tSubject to this Division, an amount payable under this Division (other than a payment under section 130PA to 130PD (inclusive)) will be paid by the Electoral Commissioner within a period, and in a manner, prescribed by the regulations.\n\t(2)\tIf an amount is payable under this Division in relation to a candidate, the Electoral Commissioner must (subject to section 130S) pay the amount to the agent of the candidate.\n\t(3)\tIf an amount is payable under this Division in relation to a group, the Electoral Commissioner must (subject to section 130S) pay the amount to the agent of the group.\n\t(4)\tA notice may be lodged with the Electoral Commissioner for the purposes of this section requesting that, in the case of payments in respect of a group whose members were endorsed by 2 or more registered political parties, the payments be divided into such shares as agreed by the relevant agents and the shares paid to those agents in accordance with the agreement (or, in the absence of an agreement, in such shares as the Electoral Commissioner determines).\n\t(5)\tA notice under subsection (4)—\n\t(a)\tmust be signed by the agent of each of the parties specified in the notice; and\n\t(b)\tcan only be withdrawn by a notice lodged with the Electoral Commissioner and signed by the agent of each of those parties.\n\t(6)\tIf a notice is lodged under subsection (4), payments under this section must be made in accordance with the notice for any election for which the polling day is—\n\t(a)\tafter the day on which the notice was lodged; and\n\t(b)\tbefore the day (if any) on which the notice is withdrawn.\n\t(7)\tIf a payment is made under this Division and the recipient is not entitled to receive the whole or a part of the amount paid, or is required to repay the whole or part of the amount paid, that amount or that part of that amount may be recovered by the Crown as a debt due to the Crown by action against the person in a court of competent jurisdiction.\n130S—Death of candidate\n\t(1)\tIf a candidate for whom eligible votes were given in an election dies, a payment under section 130P in respect of the eligible votes given for the candidate may be made despite the death of the candidate.\n\t(2)\tIf a candidate referred to in subsection (1) was not endorsed by a registered political party, any amount payable to the candidate may be paid to the legal personal representative of the candidate.\n\t(3)\tIf a member of a group for whom eligible votes were given in a Legislative Council election dies, a payment under section 130P in respect of the eligible votes given for the group may be made notwithstanding the death of the member and, if—\n\t(a)\tthe group was not a group the members of which were endorsed by a registered political party or by registered political parties; and\n\t(b)\tthe candidate was the agent of the group for the purposes of this Part,\nthe payment may be made to another member of the group as if the other member were the agent of the group for the purposes of this Part.\nDivision 5—Administrative funding for political parties and members of Parliament\n130T—Preliminary\nhalf yearly entitlement—\n\t(a)\tfor a registered political party—see section 130U(2); and\n\t(b)\tfor a non party member—see section 130U(2b).\n\t(2)\tFor the purposes of this Division, a person is taken to have been a member of the Parliament of South Australia between the dissolution of the Parliament of which the person was a member and the sitting of the next Parliament if the person—\n\t(a)\twas a member of the Parliament of South Australia at the time of the dissolution; and\n\t(b)\tis a member of the next Parliament at the first sitting of that Parliament.\n\t(3)\tFor the purposes of this Division—\n\t(a)\t2 or more registered political parties cannot rely on the same person in relation to the entitlement to, and payment of, administrative funding; and\n\t(b)\ta person who is relied on by 2 or more registered political parties may nominate the party entitled to rely on the person, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the person an opportunity to do so, the person is not entitled to be relied on by any of those parties.\n130U—Entitlement to and claims for half yearly entitlement to administrative funding\n\t(1)\tSubject to this Division, a registered political party is to be paid its half yearly entitlement to administrative funding if—\n\t(a)\tfor all or part of the half yearly period, at least 1 member of the party is a member of the Parliament of South Australia; and\n\t(b)\tthe party—\n\t(i)\twas a registered political party on polling day for the last preceding general election; and\n\t(ii)\tcontinued to be a registered political party for all of the half yearly period; and\n\t(c)\tthe agent of the party submits a claim to the Electoral Commissioner, in accordance with subsection (3).\n\t(2)\tThe amount to be paid to a registered political party under this Division for a half yearly period is as follows:\n\t(a)\tif the registered party has 1 member who is a member of Parliament (as at the last day of the relevant period), $85 000 (2026 indexed);\n\t(b)\tif the registered party has 2 members who are members of Parliament (as at the last day of the relevant period), $245 000 (2026 indexed);\n\t(c)\tif the registered party has more than 2 members who are members of Parliament (as at the last day of the relevant period), the lesser of the following amounts:\n\t(i)\tthe amount of $245 000 (2026 indexed) in respect of 2 members of Parliament plus $55 000 (2026 indexed) for each additional member of Parliament;\n\t(ii)\t$800 000 (2026 indexed),\n(the half yearly entitlement).\n\t(2a)\tSubject to this Division, a non party member is entitled to be paid their half yearly entitlement to administrative funding if—\n\t(a)\tthe non party member is a member of Parliament for all or part of the half yearly period; and\n\t(b)\tthe agent of the non party member submits a claim to the Electoral Commissioner, in accordance with subsection (3).\n\t(2b)\tThe amount to be paid to a non party member under this Division for a half yearly period is $20 000 (2026 indexed) (the half yearly entitlement).\n\t(3)\tA claim under this section must—\n\t(a)\tbe submitted within 30 days after the end of the half yearly period to which it relates; and\n\t(c)\tbe in writing and signed by the agent.\n130UA—Entitlement to and claim for one‑off payment of administrative funding\n\t(1)\tSubject to this Division, a registered political party is entitled to a one‑off payment of administrative funding if—\n\t(a)\tthe party is entitled to administrative funding under section 130U and has received a half yearly entitlement payment; and\n\t(b)\tthe agent of the party submits a claim to the Electoral Commissioner, in accordance with subsection (3), setting out the amount of prescribed administrative expenditure incurred by the party.\n\t(2)\tThe amount to be paid to a registered political party under subsection (1) is the amount of prescribed administrative expenditure up to a maximum of $200 000.\n\t(a)\tbe submitted on or after the commencement of this section and by no later than the prescribed date; and\n\t(c)\tbe in writing and endorsed in a manner determined by the Electoral Commissioner by the agent.\n\t(4)\tA one‑off payment of administrative funding paid to the agent of a registered political party under this section must only be used to reimburse the party for prescribed administrative expenditure.\n\t(5)\tTo avoid doubt, a registered political party that has received a one‑off payment of administrative funding under this Division is not entitled to any further such payment.\n\t(6)\tThis section expires on 31 August 2026.\nprescribed administrative expenditure means administrative expenditure incurred by a registered political party before the prescribed date for the purpose of complying with this Part (whether the administrative expenditure was incurred before or after the commencement of this section), but does not include administrative expenditure set out in a claim under section 130U(1)(c) (as in force immediately before the commencement of this section) for a half yearly entitlement to special assistance funding.\n130UB—Entitlement to and claim for one‑off payment of administrative funding\n\t(1)\tSubject to this Division, a non party member is entitled to a one‑off payment of administrative funding if—\n\t(a)\tthe non party member is a member of Parliament on the commencement of this section; and\n\t(b)\tthe agent of the non party member submits a claim to the Electoral Commissioner, in accordance with subsection (3), setting out the amount of prescribed administrative expenditure incurred by the member.\n\t(2)\tThe amount to be paid to a non party member under subsection (1) is the amount of prescribed administrative expenditure up to a maximum of $50 000.\n\t(a)\tbe submitted on or after the commencement of this section and by no later than the prescribed date; and\n\t(c)\tbe in writing and endorsed in a manner determined by the Electoral Commissioner by the agent.\n\t(4)\tA one‑off payment of administrative funding paid to the agent of a non party member under this section must only be used to reimburse the non party member for prescribed administrative expenditure (within the meaning of this section).\n\t(5)\tTo avoid doubt, a non party member who has received a one‑off payment of administrative funding under this Division is not entitled to any further such payment.\n\t(6)\tThis section expires on 31 August 2026.\nprescribed administrative expenditure means administrative expenditure incurred by a non party member before the prescribed date for the purpose of complying with this Part (whether the administrative expenditure was incurred before or after the commencement of this section).\n130V—Making of payments\n\t(1)\tThe Electoral Commissioner must, within 28 days after receipt of a claim under this Division from the agent of a registered political party or non party member, pay to the agent the entitlement of the party or non party member (as the case requires).\n\t(2)\tA payment under this section may be made electronically.\n130W—Use of administrative funding\nThe agent of a registered political party or non party member must ensure—\n\t(a)\tthat administrative funding paid to the agent under this Division is used for administrative expenditure (including as reimbursement for administrative expenditure incurred); and\n\t(b)\tthat administrative funding is not paid into a State campaign account kept under this Part.\n130WA—Repayment of administrative funding\n\t(1)\tIf an agent of a registered political party receives administrative funding in respect of the relevant period in relation to a general election and—\n\t(a)\tthe registered political party for which the agent is appointed does not contest the election; or\n\t(b)\tbefore polling day for the election, the party ceases to operate or be registered or has been, or is being, dissolved or wound up,\nany administrative funding so received that has not been spent at the time the Electoral Commissioner becomes aware that the registered political party will not contest the election or ceases to operate or be registered or has been (or commenced being) dissolved or wound up, must be repaid, on demand by the Electoral Commissioner, to the Electoral Commissioner.\n\t(2)\tIf an agent of a non party member receives administrative funding in respect of the relevant period in relation to a general election and—\n\t(a)\tthe non party member for which the agent is appointed does not contest the election; or\n\t(b)\tduring the relevant period in relation to the election the non party member's seat becomes vacant (other than in the case of a vacancy arising from the member's retirement in accordance with section 14 of the Constitution Act 1934); or\n\t(c)\tduring the relevant period in relation to the election the non party member—\n\t(i)\tbecomes a member of a registered political party; or\n\t(ii)\tannounces an intention to stand for election as a candidate endorsed by a registered political party,\nany administrative funding so received that has not been spent at the time the Electoral Commissioner becomes aware that an event referred to in paragraph (a) to (c) has occurred in relation to the non party member must be repaid, on demand by the Electoral Commissioner, to the Electoral Commissioner.\n\t(3)\tIf—\n\t(a)\t2 or more registered political parties are associated in respect of an election; or\n\t(b)\ta registered political party and a non party member are associated in respect of an election,\nthe regulations may prescribe modifications to this Division in connection with the following in respect of administrative funding paid or payable to the associated parties and non party members during the relevant period in relation to the election:\n\t(c)\tthe amount of administrative funding;\n\t(d)\tthe sharing of administrative funding;\n\t(e)\tthe repayment of administrative funding.\n\t(4)\tFor the purposes of subsection (3)—\n\t(a)\tregistered political parties are associated in respect of an election if—\n\t(i)\tthey endorse the same candidate for the election; or\n\t(ii)\tthey endorse candidates included in the same group in a Legislative Council election; or\n\t(iii)\tthey form a recognised coalition and endorse different candidates for the election or endorse candidates in different groups in a Legislative Council election; and\n\t(b)\ta registered political party and a non party member are associated in respect of an election if they form a recognised coalition, or if the non party member is a member of Cabinet in a government formed by members of the party.\nrelevant period, in relation to a general election, means the period starting the day after polling day for the previous general election and ending on the day on which the House of Assembly is dissolved for the purposes of the general election.\nDivision 5A—Policy development funding for certain political parties\n130WB—Preliminary\nannual entitlement—see section 130WC(2);\npolicy development expenditure, in relation to an entitled registered political party, means—\n\t(a)\texpenditure on conferences, seminars, meetings or similar functions at which policies of the party are discussed; or\n\t(b)\texpenditure on providing information on policies of the party to members and supporters of the party; or\n\t(c)\texpenditure on research undertaken by or on behalf of the party for the purposes of policy development; or\n\t(d)\tany other expenditure, or class of expenditure, prescribed by the regulations.\n130WC—Entitlement to and claims for annual entitlement to policy development funding\n\t(1)\tSubject to this Division, an entitled registered political party is to be paid its entitlement to policy development funding in respect of a calendar year if—\n\t(a)\tthe party was an entitled registered political party for all of the calendar year to which the payment relates; and\n\t(b)\tthe agent of the party submits a claim to the Electoral Commissioner, in accordance with subsection (3), setting out the amount of policy development expenditure incurred by the party during that year.\n\t(2)\tThe amount to be paid to a registered political party under this Division for a calendar year is the amount of policy development expenditure incurred by the party during that year up to a maximum of $20 000 (2026 indexed) (the annual entitlement).\n\t(a)\tbe submitted within 30 days after the end of the calendar year to which it relates; and\n\t(c)\tbe in writing and signed by the agent.\n130WD—Making of payments\n\t(1)\tThe Electoral Commissioner must, within 28 days after receipt of a claim under this Division from the agent of an entitled registered political party, pay to the agent the annual entitlement of the party.\n\t(2)\tA payment under this section may be made electronically.\n130WE—Use etc of policy development funding\nIf an amount is paid to an entitled registered political party for policy development funding under this Division, the agent of the party must ensure that—\n\t(a)\tit is only used as reimbursement for policy development expenditure of the party; and\n\t(b)\tno part of the amount is paid into a State campaign account kept under this Part.\nDivision 6—Limitations on political expenditure\n130X—Interpretation\nperson to whom this Division applies means—\n\t(a)\ta registered political party; or\n\t(b)\ta candidate; or\n\t(c)\ta group; or\n\t(d)\ta third party.\n\t(a)\t2 or more registered political parties are associated in respect of an election; or\n\t(b)\ta registered political party and a candidate not endorsed by a registered political party are associated in respect of an election,\nthe regulations may prescribe modifications to this Division so that the applicable expenditure caps will be shared between the associated parties and candidates.\n\t(3)\tFor the purposes of subsection (2)—\n\t(a)\tregistered political parties are associated in respect of an election if—\n\t(i)\tthey endorse the same candidate for the election; or\n\t(ii)\tthey endorse candidates included in the same group in a Legislative Council election; or\n\t(iii)\tthey form a recognised coalition and endorse different candidates for the election or endorse candidates in different groups in a Legislative Council election; and\n\t(b)\ta registered political party and a candidate not endorsed by a registered political party are associated in respect of an election if they form, or have formed, a recognised coalition, or if the candidate is, or has been, a member of Cabinet in a government formed by members of the party.\n130Z—Expenditure caps\n\t(1)\tThe applicable expenditure cap on political expenditure of a person to whom this Division applies is as follows:\n\t(a)\tfor a registered political party that endorses candidates for election in the Legislative Council district only—the cap is $500 000 (2026 indexed);\n\t(b)\tfor a registered political party that endorses candidates for election in 1 or more House of Assembly districts—the cap is—\n\t(i)\t$75 000 (2026 indexed) multiplied by the number of electoral districts in which the party endorses a candidate (as at the hour of nomination) less the sum of the amounts allocated to candidates in accordance with subsection (2) (as at the end of the capped expenditure period in relation to the party for the election); plus\n\t(ii)\tif the party also endorses candidates for election in the Legislative Council district, $100 000 (2026 indexed) multiplied by the number of candidates endorsed (as at the end of the capped expenditure period in relation to the party for the election) but only up to a maximum of 5;\n\t(c)\tfor a candidate for election in a House of Assembly district who is endorsed by a registered political party—the cap is an amount allocated to the candidate in accordance with subsection (2);\n\t(d)\tfor a candidate for election in a House of Assembly district not endorsed by a registered political party—the cap is $100 000 (2026 indexed);\n\t(e)\tfor a group of candidates in a Legislative Council election whose members are not endorsed by a registered political party—the cap is $100 000 (2026 indexed) multiplied by the number of members of the group but only up to a maximum of 5;\n\t(f)\tfor a candidate in a Legislative Council election not endorsed by a registered political party—the cap is $125 000 (2026 indexed);\n\t(g)\tfor a third party—the cap is—\n\t(i)\tfor a general election (including in relation to a simultaneous Legislative Council election)—$450 000 (2026 indexed); and\n\t(ii)\tin relation to an election for a House of Assembly district (other than 1 held as part of a general election)—$60 000 (2026 indexed).\n\t(2)\tFor the purposes of subsection (1)(c), a registered political party must allocate an amount to each candidate for election in a House of Assembly district endorsed by the party, being—\n\t(a)\tthe amount agreed between the candidate and the agent of the party (being not more than $100 000 (2026 indexed)); or\n\t(b)\tif no amount is so agreed—$40 000 (2026 indexed).\n\t(2a)\tFor the purpose of subsection (2)(a), the amount agreed between the candidate and the agent of the party may vary at different times, provided that the candidate and agent may not vary the amount agreed after notice of the agreement has been given to the Electoral Commissioner under subsection (3).\n\t(3)\tThe agent of a registered political party who agrees to an amount under subsection (2)(a) must ensure that written notice of the agreement, specifying the amount agreed, is given to the Electoral Commissioner at least 8 days before polling day for the election.\n\t(3a)\tThe Electoral Commissioner must not publish an agreement given to the Electoral Commissioner under subsection (3) until after the end of the capped expenditure period for the election to which the agreement relates.\n\t(3b)\tIn connection with subsection (1)(g)(i), the agent of a third party must ensure that the third party does not incur more than $60 000 (2026 indexed) in political expenditure relating to an election in a House of Assembly electoral district at the general election.\n\t(3c)\tFor the purposes of subsections (1)(g) and (3b), political expenditure incurred by a third party relates to an election for an electoral district if the expenditure is for electoral matter that—\n\t(a)\tis communicated to electors in the district; and\n\t(b)\tis not mainly communicated to electors outside the district.\n\t(4)\tFor the purposes of this Part, a candidate for election to the Legislative Council who is endorsed by a registered political party does not have an applicable expenditure cap but political expenditure incurred by the candidate will be taken to be political expenditure incurred by the registered political party.\n\t(5)\tA candidate endorsed by a registered political party must provide information to the agent of the party on political expenditure incurred by the candidate in accordance with any requirements of the agent.\n130ZA—Prohibition on political expenditure in excess of expenditure cap during capped expenditure period\nThe agent of a person to whom this Division applies must ensure that the person does not incur political expenditure in excess of the applicable expenditure cap during the capped expenditure period in relation to an election.\n130ZB—Regulation of political expenditure by parties and candidates endorsed by parties\n\t(1)\tThe agent of a person to whom this Division applies that is a registered political party must ensure that the party does not incur political expenditure for an election that relates to the election of a candidate endorsed by the party in an electoral district such that the applicable expenditure cap for the candidate is exceeded.\n\t(2)\tThe agent of a person to whom this Division applies who is a candidate endorsed by a registered political party must ensure that the political expenditure of the candidate for an election only relates to the election of the candidate to the relevant electoral district.\n\t(3)\tFor the purposes of this section, political expenditure relates to the election of a candidate in an electoral district if the expenditure relates to an electoral district in a House of Assembly election and is for electoral matter that—\n\t(b)\tis communicated to electors in the district; and\n\t(c)\tis not mainly communicated to electors outside the district.\n130ZBA—Prohibition on political expenditure by nominated entities\nAn associated entity must not incur political expenditure during any period in which it is the nominated entity of a registered political party.\n130ZC—Recovery in relation to political expenditure in excess of cap\n\t(1)\tIf a person to whom this Division applies incurs political expenditure in excess of the applicable expenditure cap during the capped expenditure period in relation to an election, the amount that is equal to 10 times the excess may be recovered from the agent of the person by the Crown as a debt due to the Crown.\n\t(2)\tThis section applies in addition to any penalty for an offence against this Part for incurring political expenditure in excess of the applicable expenditure cap.\nDivision 6A—Regulation of donations etc\nSubdivision 1—Preliminary\n130ZCA—Interpretation\nelectoral donation—see section 130ZCB;\nelectoral loan—see section 130ZCC;\nforeign entity means a person or body that is—\n\t(a)\ta body politic of a foreign country or of a part of a foreign country; or\n\t(b)\ta part of a body politic referred to in paragraph (a); or\n\t(c)\ta foreign public enterprise as defined in the Criminal Code of the Commonwealth, section 70.1; or\n\t(d)\ta body (whether or not incorporated) that does not meet any of the following conditions:\n\t(i)\tthe body is incorporated in Australia;\n\t(ii)\tthe body's head office is in Australia;\n\t(iii)\tthe body's principal place of activity is, or is in, Australia; or\n\t(e)\tan individual who is none of the following:\n\t(i)\tan elector;\n\t(ii)\tan Australian citizen;\n\t(iii)\tan Australian resident;\n\t(iv)\ta New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 of the Commonwealth, or if that Subclass ceases to exist, the kind of visa that replaces the Subclass;\nprohibited period, for an election, in relation to a recontesting participant, means the period commencing at the start of the capped expenditure period for the recontesting participant in respect of the election and ending 30 days after polling day for the election;\nrecontesting participant, for an election, means an entitled registered political party, entitled candidate or entitled group that elects to be treated as a recontesting party, candidate or group in a certificate lodged under section 130PF for the election;\nregulated designated participant means—\n\t(c)\tan entitled group; or\n\t(d)\ta third party, other than an ACNC registered entity.\n\t(2)\tFor the purposes of this Division—\n\t(a)\ta person who is a candidate in an election, or\n\t(b)\ta group of candidates in an election,\nis taken to remain a candidate or group for 30 days after polling day for the election.\n\t(3)\tSubsection (2) does not apply to a candidate at a time when the candidate is a member of Parliament.\n\t(4)\tFor the purposes of this Division, an individual who, or a group of individuals that, accepts a donation for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group (as the case requires) when accepting the donation.\n130ZCB—Meaning of electoral donation\n\t(1)\tSubject to this section, for the purposes of this Division, an electoral donation is—\n\t(a)\ta donation made to or for the benefit of a registered political party or a group, other than a donation made to a registered political party from a nominated entity of the registered political party that is not paid into a State campaign account kept under this Part and is only used for administrative expenditure; or\n\t(b)\ta donation (or such part of a donation) made to or for the benefit of a member of Parliament that was used or is intended to be used by the member—\n\t(i)\tsolely or substantially for State electoral purposes or the member's duties as a member; or\n\t(ii)\tto enable the member to make, directly or indirectly, an electoral donation or to incur political expenditure; or\n\t(iii)\tto reimburse the member for making, directly or indirectly, an electoral donation or incurring political expenditure; or\n\t(c)\ta donation (or such part of a donation) made to or for the benefit of a candidate that was used or is intended to be used by the candidate—\n\t(ii)\tto enable the candidate to make, directly or indirectly, an electoral donation or to incur political expenditure; or\n\t(iii)\tto reimburse the candidate for making, directly or indirectly, an electoral donation or incurring political expenditure; or\n\t(d)\ta donation (or such part of a donation) made to or for the benefit of a third party that was used or is intended to be used by the third party—\n\t(ii)\tto enable the third party to make, directly or indirectly, an electoral donation or to incur political expenditure; or\n\t(iii)\tto reimburse the third party for making, directly or indirectly, an electoral donation or incurring political expenditure.\n\t(2)\tIf any part of a donation that is not an electoral donation pursuant to subsection (1)(b), (c) or (d) is subsequently used for State electoral purposes, a member's duties as a member or to incur political expenditure, that part of the donation becomes an electoral donation.\n\t(3)\tIf—\n\t(a)\ta member of Parliament attends an event or activity in the performance of their duties as a member; or\n\t(b)\ta candidate attends an event or activity in the conduct of their campaign for election,\nthe payment of an incidental expense of the member or candidate at, or for entry to, the event or activity is taken not to be an electoral donation to the member or candidate (as the case requires).\nFor example, the provision of a meal or entry ticket without charge at an event attended by a member of Parliament in the performance of their duties as a member.\n\t(4)\tIf—\n\t(a)\ta member of Parliament uses a venue or premises in the performance of their duties as a member; or\n\t(b)\ta candidate uses a venue or premises in the conduct of their campaign for election,\nthe provision of the venue or premises for use by the member or candidate for no consideration or inadequate consideration is taken not to be an electoral donation to the member or candidate (as the case requires).\n\t(5)\tSubject to subsection (6), a donation to an associated entity is taken—\n\t(a)\tin the case of an associated entity that is a nominated entity of a registered political party—to be a donation to or for the benefit of the party and (if made) to have been accepted by the agent of the registered political party; and\n\t(b)\tin any other case—to be a donation to or for the benefit of the party in respect of which the entity is associated and (if made) to have been accepted by the agent of the registered political party.\n\t(6)\tSubsection (5) does not apply to—\n\t(a)\ta disposition of property by will to an associated entity, unless the associated entity is a nominated entity of a registered political party; or\n\t(b)\ta disposition of property made by a registered political party to a nominated entity of the registered political party.\n130ZCC—Meaning of electoral loan\n\t(1)\tSubject to this section, for the purposes of this Part, an electoral loan is—\n\t(a)\ta loan made to or for the benefit of a registered political party or a group, other than a loan made to a registered political party from a nominated entity of the registered political party that is not paid into a State campaign account kept under this Part and is only used for administrative expenditure; or\n\t(b)\ta loan (or such part of a loan) made to or for the benefit of a member of Parliament that was used or is intended to be used by the member—\n\t(i)\tsolely or substantially for State electoral purposes or to the member's duties as a member; or\n\t(ii)\tto enable the member to make, directly or indirectly, an electoral loan or to incur political expenditure; or\n\t(iii)\tto reimburse the member for making, directly or indirectly, an electoral loan or incurring political expenditure; or\n\t(c)\ta loan (or such part of a loan) made to or for the benefit of a candidate that was used or is intended to be used by the candidate—\n\t(ii)\tto enable the candidate to make, directly or indirectly, an electoral loan or to incur political expenditure; or\n\t(iii)\tto reimburse the candidate for making, directly or indirectly, an electoral loan or incurring political expenditure; or\n\t(d)\ta loan (or such part of a loan) made to or for the benefit of a third party that was used or is intended to be used by the third party—\n\t(ii)\tto enable the third party to make, directly or indirectly, an electoral donation or to incur political expenditure; or\n\t(iii)\tto reimburse the third party for making, directly or indirectly, an electoral donation or incurring political expenditure.\n\t(2)\tIf any part of a loan that is not an electoral loan pursuant to subsection (1)(b), (c) or (d) is subsequently used for State electoral purposes, a member's duties as a member or to incur political expenditure, that part of the loan becomes an electoral loan.\n\t(3)\tA loan to an associated entity is taken—\n\t(a)\tin the case of an associated entity that is a nominated entity of a registered political party—to be a loan to or for the benefit of the party and (if made) to have been accepted by the agent of the registered political party; and\n\t(b)\tin any other case—to be a loan to or for the benefit of the party in respect of which the entity is associated and (if made) to have been accepted by the agent of the registered political party.\n\t(4)\tSubsection (3) does not apply to a loan made by a registered political party to a nominated entity of the registered political party.\nSubdivision 2—Prohibition on donations and loans for certain parties, candidates etc\n130ZCD—Donations to certain parties, candidates etc prohibited\n\t(1)\tSubject to this section, it is unlawful for—\n\t(a)\ta person—\n\t(i)\tto make an electoral donation to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or\n\t(ii)\tto accept an electoral donation (including from a foreign entity) to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or\n\t(b)\tan ACNC registered entity or a person acting on their behalf to accept an electoral donation from a foreign entity.\n\t(2)\tDespite subsection (1) but subject to subsection (3)—\n\t(a)\ta person may make an electoral donation to a regulated designated participant; or\n\t(b)\ta person may accept an electoral donation (other than an electoral donation from a foreign entity) to a regulated designated participant,\nif the electoral donation is made or accepted in accordance with Subdivision 3.\n\t(3)\tSubsection (2) does not operate to allow—\n\t(a)\ta disposition by will to an entitled registered political party; or\n\t(b)\tan electoral donation during the prohibited period for an election for a recontesting participant.\n\t(4)\tIf a recontesting participant lodges their certificate under section 130PF for an election on a day that falls after the day on which their capped expenditure period for the election commences—\n\t(a)\tno offence is committed by a person who makes or accepts an electoral donation (other than an electoral donation from a foreign entity) in accordance with Subdivision 3 to the recontesting participant after that commencement and before the certificate is lodged (despite the fact that the electoral donation is made during the prohibited period for the election for the recontesting participant); and\n\t(b)\tthe recontesting participant must, in relation to any electoral donation received during the period referred to in paragraph (a)—\n\t(i)\ttake all reasonable steps to return the electoral donation to the person from whom it was received; or\n\t(ii)\tin the case of an electoral donation that cannot be so returned—give the electoral donation to the Electoral Commissioner for payment into the Consolidated Account.\nThe prohibited period for a recontesting participant starts on the day on which their capped expenditure period for the election commences. The fact that an entitled party, entitled candidate or entitled group is a recontesting participant is not determined until they lodge their certificate under section 130PF for the election.\n\t(5)\tIt is not unlawful for a person to make or accept an electoral donation if—\n\t(a)\tin the case of an electoral donation that is money—the donation is to be paid into (or held as an asset of) a federal account kept in accordance with the Commonwealth Electoral Act 1918; or\n\t(b)\tin the case of an electoral donation that is not money (including property)—the donation is used for a federal purpose.\n\t(6)\tAn electoral donation of a kind referred to in subsection (5) ceases to be excluded by that subsection from the prohibition under this section if—\n\t(a)\tin the case of an electoral donation that is money—any amount of the money is transferred or withdrawn from the federal account (other than if the money is used for a federal purpose or transferred to another federal account); or\n\t(b)\tin the case of an electoral donation that is not money—the proceeds of the disposal of the donation are transferred or withdrawn from the federal account (other than if the proceeds are used for a federal purpose or transferred to another federal account).\n\t(7)\tNo offence is committed by a person referred to in subsection (1), or a person acting on their behalf, who receives an electoral donation in contravention of subsection (1) if, on becoming aware of the receipt of the electoral donation, they—\n\t(a)\ttake all reasonable steps to return the electoral donation to the person from whom it was received; or\n\t(b)\tin the case of an electoral donation that cannot be so returned—give the electoral donation to the Electoral Commissioner for payment into the Consolidated Account.\n\t(8)\tSubject to subsection (9), it is not unlawful for—\n\t(a)\tin relation to a House of Assembly election—\n\t(i)\ta candidate endorsed by an entitled registered political party, during the 12 months immediately preceding polling day for the election, to make contributions up to a total amount equal to 50% of the applicable expenditure cap under Division 6 of the candidate in respect of the election to the agent of the party for payment into the State campaign account kept by the agent to finance the candidate's election campaign; or\n\t(ii)\tany other candidate, other than a candidate endorsed by a registered political party (not being an entitled registered political party), during the 12 months immediately preceding polling day for the election, to make contributions up to a total not exceeding their applicable expenditure cap under Division 6 in respect of the election to their agent for payment into the State campaign account kept by the agent to finance the candidate's election campaign; or\n\t(b)\tin relation to a Legislative Council election, the following persons, during the 12 months immediately preceding polling day for the election, to make contributions up to a total amount of $100 000 (2026 indexed) to their agent for payment into the State campaign account kept by the agent to finance the group or candidate's (as the case requires) election campaign:\n\t(i)\ta member of an entitled group;\n\t(ii)\ta member of a group, or a candidate, endorsed by an entitled registered political party;\n\t(iii)\tany other candidate in a Legislative Council election, other than a candidate endorsed by a registered political party (not being an entitled registered political party).\n\t(9)\tFor the purposes of this Part, any amount of a contribution under subsection (8)(a) or (b) that exceeds the total amount applying under the relevant paragraph is taken to be an electoral donation.\n130ZCE—Loans to parties, candidates etc prohibited\n\t(1)\tSubject to this section, it is unlawful for—\n\t(a)\ta person—\n\t(i)\tto provide an electoral loan to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or\n\t(ii)\tto accept an electoral loan (including from a foreign entity) to a registered political party, member of Parliament, group, candidate or third party (other than a third party that is an ACNC registered entity); or\n\t(b)\tan ACNC registered entity or a person acting on their behalf to accept an electoral loan from a foreign entity.\n\t(2)\tDespite subsection (1)—\n\t(a)\ta person may provide an electoral loan to a regulated designated participant; or\n\t(b)\ta person may accept an electoral loan (other than an electoral loan from a foreign entity) to a regulated designated participant,\nif the electoral loan is made or accepted in accordance with Subdivision 3.\n\t(3)\tSubsection (2) does not operate to allow an electoral loan during the prohibited period for an election for a recontesting participant.\n\t(4)\tIf a recontesting participant lodges their certificate under section 130PF for an election on a day that falls after the day on which their capped expenditure period for the election commences—\n\t(a)\tno offence is committed by a person who provides or accepts an electoral loan (other than an electoral loan from a foreign entity) in accordance with Subdivision 3 to the recontesting participant after that commencement and before the certificate is lodged (despite the fact that the electoral loan is provided during the prohibited period for the election for the recontesting participant); and\n\t(b)\tthe recontesting participant must, in relation to any electoral loan received during the period referred to in paragraph (a)—\n\t(i)\ttake all reasonable steps to return the electoral loan to the person from whom it was received; or\n\t(ii)\tin the case of an electoral loan that cannot be so returned—deal with the electoral loan in accordance with any requirements of the regulations.\nThe prohibited period for a recontesting participant starts on the day on which their capped expenditure period for the election commences. The fact that an entitled party, entitled candidate or entitled group is a recontesting participant is not determined until they lodge their certificate under section 130PF for the election.\n\t(5)\tIt is not unlawful for a person to provide or accept an electoral loan if—\n\t(a)\tin the case of an electoral loan that is money—the loan is to be paid into (or held as an asset of) a federal account kept in accordance with the Commonwealth Electoral Act 1918; or\n\t(b)\tin the case of an electoral loan of property or a thing that is not money (including property)—the property or thing is used for a federal purpose.\n\t(6)\tAn electoral loan that is money ceases to be excluded from the prohibition under this section by subsection (5) if any amount of the money is transferred or withdrawn from the federal account (other than if the money is used for a federal purpose or transferred to another federal account).\n\t(7)\tFor the purposes of this Division, an individual who, or a group of individuals that, receives a loan for use solely or substantially for a purpose related to the proposed candidacy of the individual or individuals at a future election is taken to be a candidate or group (as the case requires) when accepting the loan.\nSubdivision 3—Limitations on donations etc to regulated designated participants\n130ZCF—Application\nThis Subdivision applies in addition to, and does not limit the operation of, Subdivision 1 and Subdivision 2.\nFor example, the fact that a donation or loan to an associated entity is taken under Subdivision 1 to be a donation or loan to or for the benefit of the registered political party in respect of which the entity is associated, and to have been accepted by that party's agent (being a donation or loan that is unlawful under Subdivision 2) is not affected by this Subdivision even if the associated entity is also a third party.\n130ZCG—Individual cap on electoral donations\n\t(1)\tThe individual cap on an electoral donation for a regulated designated participant is $5 000 (2026 indexed).\n\t(2)\tFor the purposes of this section, an electoral donation of or less than the amount specified in subsection (1) made by a person or body is to be treated as a donation that exceeds the individual cap on electoral donations if that and other separate electoral donations made by that person or body to the same regulated designated participant within the same financial year would, if aggregated, exceed the regulated designated participant's individual cap on electoral donations.\n130ZCH—Prohibition on electoral donations that exceed individual cap\n\t(1)\tSubject to this section, it is unlawful for a regulated designated participant or a person acting on their behalf to receive an electoral donation to or for the benefit of the regulated designated participant if the donation exceeds the regulated designated participant's individual cap on an electoral donation.\nThe effect of this provision and section 130ZCG is that a regulated designated participant can receive an electoral donation (or donations) from a person of up to $5 000 in a financial year.\n\t(2)\tA regulated designated participant or person acting on their behalf who receives an electoral donation to or for the benefit of the regulated designated participant that exceeds the individual cap does not contravene subsection (1) if, on becoming aware of the receipt of the electoral donation, the regulated designated participant or person (as the case requires)—\n\t(a)\ttakes all reasonable steps to return the electoral donation to the person from whom it was received; or\n\t(b)\tin the case of an electoral donation that cannot be so returned—gives the electoral donation to the Electoral Commissioner for payment into the Consolidated Account.\n\t(3)\tIt is not unlawful for a regulated designated participant or a person acting on their behalf to receive an electoral donation to or for the benefit of the regulated designated participant that exceeds the individual cap if the donation is to be paid into (or held as an asset of) a federal account kept by the regulated designated participant in accordance with the Commonwealth Electoral Act 1918.\n130ZCI—General caps on electoral donations\n\t(1)\tThe agent of a relevant regulated designated participant must ensure that the relevant regulated designated participant or a person acting on their behalf does not receive electoral donations to or for the benefit of the relevant regulated designated participant that, in total, are in excess of the general donations cap during the capped expenditure period in relation to an election.\n\t(2)\tIf a relevant regulated designated participant or a person acting on their behalf receives electoral donations that, in total, are in excess of the general donations cap during the capped expenditure period in relation to an election, the amount that is equal to twice the excess may be recovered from the agent of the relevant regulated designated participant by the Crown as a debt due to the Crown.\n\t(3)\tNo offence is committed against subsection (1) by, and subsection (2) doesn't apply to, a relevant regulated designated participant or person acting on their behalf who receives an electoral donation to or for the benefit of the relevant regulated designated participant that results in the relevant regulated designated participant exceeding their general donations cap during the capped expenditure period in relation to an election if, on becoming aware of the receipt of the electoral donation, the relevant regulated designated participant or person (as the case requires)—\n\t(a)\ttakes all reasonable steps to return the electoral donation (or that part of it that results in the relevant regulated designated participant exceeding their general donations cap) to the person from whom it was received; or\n\t(b)\tin the case of an electoral donation (or the relevant part of the electoral donation) that cannot be so returned—gives the electoral donation (or relevant part) to the Electoral Commissioner for payment into the Consolidated Account.\ngeneral donations cap, for a relevant regulated designated participant in relation to an election, is the amount equal to the relevant regulated designated participant's applicable expenditure cap for the election;\nrelevant regulated designated participant means—\n\t(c)\tan entitled group.\n130ZCJ—Individual cap on electoral loans\n\t(1)\tThe individual cap on an electoral loan for a regulated designated participant is $5 000 (2026 indexed).\n\t(2)\tFor the purposes of this section, an electoral loan of or less than the amount specified in subsection (1) made by a person or body is to be treated as a loan that exceeds the individual cap on electoral loans if that and other separate electoral loans made by that person or body to the same regulated designated participant within the same financial year would, if aggregated, exceed the regulated designated participant's individual cap on electoral loans.\n130ZCK—Prohibition on electoral loans that exceed individual cap\n\t(1)\tSubject to this section, it is unlawful for a regulated designated participant or a person acting on their behalf to receive an electoral loan to or for the benefit of the regulated designated participant if the loan exceeds the regulated designated participant's individual cap on an electoral loan.\nThe effect of this provision and section 130ZCJ is that a regulated designated participant can receive an electoral loan (or loans) from a person of up to $5 000 in a financial year. The definition of loan does not include a loan from a financial institution.\n\t(2)\tIt is not unlawful for a regulated designated participant or a person acting on their behalf to receive an electoral loan to or for the benefit of the regulated designated participant that exceeds the individual cap if the money lent is to be paid into a federal account kept by the regulated designated participant in accordance with the Commonwealth Electoral Act 1918.\n130ZCL—General caps on electoral loans\n\t(1)\tThe agent of a relevant regulated designated participant must ensure that the relevant regulated designated participant or a person acting on their behalf does not receive electoral loans to or for the benefit of the relevant regulated designated participant that, in total, are in excess of the general loans cap during the capped expenditure period in relation to an election.\n\t(2)\tIf a relevant regulated designated participant or a person acting on their behalf receives electoral loans that, in total, are in excess of the general loans cap during the capped expenditure period in relation to an election, the amount that is equal to twice the excess may be recovered from the agent of the relevant regulated designated participant by the Crown as a debt due to the Crown.\n\t(3)\tNo offence is committed against subsection (1) by, and subsection (2) doesn't apply to, a relevant regulated designated participant or person acting on their behalf who receives an electoral loan to or for the benefit of the relevant regulated designated participant that results in the relevant regulated designated participant exceeding their general loans cap during the capped expenditure period in relation to an election if, on becoming aware of the receipt of the electoral loan, the relevant regulated designated participant or person (as the case requires) takes all reasonable steps to return the proceeds of the electoral loan (or that part of it that results in the relevant regulated designated participant exceeding their general loans cap) to the person from whom it was received.\ngeneral loans cap, for a relevant regulated designated participant in relation to an election, is the amount equal to the relevant regulated designated participant's applicable expenditure cap for the election;\nrelevant regulated designated participant means—\n\t(c)\tan entitled group.\nDivision 7—Disclosure of donations\n130ZD—Interpretation\ncampaign donations return means a return under section 130ZF;\ndonation does not include a donation that is a disposition by will.\n130ZE—Division not to apply to donations returned within 6 weeks\n\t(1)\tSubject to subsection (2), this Division does not apply to a donation that is returned within 6 weeks after its receipt.\n\t(2)\tIf the donation is returned within 6 weeks after its receipt, any return under this Division that includes the amount or value of the donation must also include a statement to the effect that the donation was returned.\n130ZF—Returns by certain candidates and groups\n\t(1)\tThe agent of each entitled candidate (including a member of an entitled group) in an election must, at the prescribed times, furnish to the Electoral Commissioner a campaign donations return for that candidate, in a form approved by the Electoral Commissioner.\n\t(2)\tThe agent of each entitled group must, at the prescribed times, furnish to the Electoral Commissioner a campaign donations return for that group, in a form approved by the Electoral Commissioner.\n\t(3)\tA campaign donations return for an entitled candidate or entitled group in an election must—\n\t(a)\tin the case of donations or loans of more than $1 000 received during the disclosure period—set out the prescribed details in relation to each such donation or loan; and\n\t(b)\tin the case of all other donations and loans received during the disclosure period—set out the total value of the donations and loans received and the number of persons from whom such donations and loans were received.\n\t(4)\tA campaign donations return under this section need not set out any details of a donation or loan if—\n\t(b)\tin the case of a donation or loan made to an entitled candidate (including a member of an entitled group)—the donation or loan was made in a private capacity to the entitled candidate for their personal use and the entitled candidate has not used, and will not use, the donation or loan solely or substantially for a purpose related to an election.\n\t(5)\tFor the purposes of this section—\n\t(a)\tthe disclosure period, in relation to a campaign donations return, is the period commencing—\n\t(i)\tin relation to an entitled candidate in an election who is a new candidate—on the day on which the person announced that they would be a candidate in the election or on the day on which the person was nominated as a candidate, whichever was the earlier; or\n\t(ii)\tin relation to an entitled candidate in an election who is not a new candidate—at the end of 30 days after polling day for the last preceding election in which the person was a candidate; or\n\t(iii)\tin relation to an entitled group in an election—on the day on which the members of the group applied under section 58 to have their names grouped together on the ballot papers for the election,\nand ending 30 days after polling day for the election; and\n\t(b)\ta candidate is a new candidate, in an election if the candidate was not a candidate in an earlier election the polling day for which was—\n\t(i)\tin the case of a candidate for a House of Assembly election—within 5 years before polling day for the election; or\n\t(ii)\tin the case of a candidate for a Legislative Council election—within 9 years before polling day for the election; and\n\t(c)\tthe prescribed times for furnishing a campaign donations return are as follows:\n\t(i)\twithin 30 days of the end of the period commencing from the start of the disclosure period for the election until the start of the designated period for the election;\n\t(ii)\twithin 5 days of the end of the period commencing from the start of the designated period for the election until 30 days after the start of that designated period;\n\t(iii)\twithin 5 days of the end of each period of 7 days from the end of the period referred to in subparagraph (ii) until 30 days after polling day for the election;\n\t(iv)\tif the number of days from the end of the last 7 day period referred to in subparagraph (iii) until the day falling 30 days after polling day for the election is less than 7 days—within 5 days of the end of the designated period for the election; and\n\t(d)\t2 or more donations (excluding private donations) or 2 or more loans (excluding private loans) made by the same person to an entitled candidate or entitled group during the disclosure period are to be treated as 1 donation or loan (as the case requires).\n\t(5a)\tDespite section 130ZZ, if no details are required to be included in a return required to be furnished under this section by the agent of the members of an entitled group, the return need not be furnished to the Electoral Commissioner as required by this section.\nprescribed details, of a donation or loan, means—\n\t(a)\tthe amount or value of the donation or loan; and\n\t(b)\tthe date on which it was made; and\n\t(c)\tthe name and address of the person from whom the donation or loan was received; and\n130ZG—Donations, loans to certain candidates etc\n\t(1)\tA person must provide a return in accordance with this section if—\n\t(a)\tthe person makes a donation or donations, or a loan or loans, during the disclosure period in relation to an election, to any entitled candidate in the election or a member of an entitled group; and\n\t(b)\tthe total amount or value of the donation or donations, or the loan or loans, is more than $1 000; and\n\t(c)\tat the time the person makes the donation or donations, or loan or loans, the person is not—\n\t(i)\ta registered political party; or\n\t(ii)\tan associated entity; or\n\t(iii)\ta candidate in an election; or\n\t(iv)\ta member of a group.\n\t(3)\tThe person must provide to the Electoral Commissioner a return—\n\t(a)\tfor donations and loans referred to in subsection (1) made during the disclosure period—\n\t(i)\tin the case of a donation or loan of more than $1 000—setting out the prescribed details in relation to the donation or loan; and\n\t(ii)\tin the case of all other donations and loans referred to in subsection (1)—setting out the total value of the donations and loans made and the number of persons to whom such donations and loans were made; and\n\t(b)\tfor donations and loans received by the person at any time that the person used during the period (either wholly or partly) to enable the person to make the donations or loans referred to in paragraph (a) or to reimburse the person for making such donations or loans—\n\t(i)\tin the case of a donation or loan of more than $1 000—setting out the prescribed details in relation to the donation or loan; and\n\t(ii)\tin the case of all other such donations and loans—setting out the total value of the donations and loans received and the number of persons from whom such donations and loans were received.\n\t(4)\tA return must be provided to the Electoral Commissioner, in a form approved by the Electoral Commissioner—\n\t(a)\tif the donation or loan is made during the period commencing at the start of the disclosure period and ending at the start of the designated period for the relevant election—within 30 days of the start of the designated period for the relevant election; or\n\t(b)\tif the donation or loan is made during the designated period for the relevant election—within 7 days after the end of the designated period.\n\t(6)\tFor the purposes of this section, the disclosure period, in relation to an election, is the period that commenced at the end of 30 days after polling day for the last general election preceding the election and that ended at the end of 30 days after polling day for the election.\n\t(7)\tIf the agent of an entitled candidate or entitled group knows that the entitled candidate or entitled group (as the case may be) has received a donation or loan requiring a return to be furnished under this section, the agent must inform the person who gave the donation or loan of the requirement that the person furnish a return in relation to the donation or loan under this Part.\nprescribed details, of a donation or loan, means—\n\t(a)\tthe amount or value of the donation or loan; and\n130ZH—Donations to entitled registered political parties\n\t(1)\tIf a person makes a donation or donations totalling more than $1 000 to an entitled registered political party in a financial year, the person must furnish a return to the Electoral Commissioner in accordance with this section.\n\t(2)\tIf a person makes a donation to any person or body with the intention of benefiting a particular entitled registered political party, the person is taken for the purposes of subsection (1) to have made that donation directly to that entitled registered political party.\n\t(3)\tA return must—\n\t(a)\tfor donations referred to in subsection (1) made by the person furnishing the return during the period to which the return relates—\n\t(i)\tin the case of a donation of more than $1 000—set out the prescribed details in relation to the donation; and\n\t(ii)\tin the case of all other donations—set out the total value of the donations made and the number of persons to whom such donations were made; and\n\t(b)\tfor donations received by the person at any time that the person used during that period (either wholly or partly) to enable the person to make the donations referred to in paragraph (a) or to reimburse the person for making such donations—\n\t(i)\tin the case of a donation of more than $1 000—set out the prescribed details in relation to the donation; and\n\t(ii)\tin the case of all other such donations—set out the total value of the donations received and the number of persons from whom such donations were received.\n\t(5)\tA return must be in a form approved by the Electoral Commissioner and furnished at the prescribed times.\n\t(6)\tThis section does not apply to donations made by any of the following:\n\t(a)\tan entitled registered political party;\n\t(b)\ta candidate in an election;\n\t(c)\ta member of a group.\n\t(7)\tFor the purposes of this section—\n\t(b)\tthe prescribed times for furnishing a return are as follows:\n\t(i)\tin relation to a donation made between the period commencing 30 days after polling day in a general election until the start of the designated period for the next general election—\n\t(A)\tif the donation was made on or after 1 January in a year—within 30 days of 30 June in that year; or\n\t(B)\tif the donation was made on or after 1 July in a year—within 30 days of 31 December in that year;\n\t(ii)\tin relation to a donation made during the designated period for the relevant election—within 7 days after the end of the designated period.\n\t(8)\tIf the agent of an entitled registered political party knows that the entitled registered political party has received a donation requiring a return to be furnished under this section, the agent must inform the person who gave the donation of the requirement that the person furnish a return in relation to the donation under this Part.\n\t(9)\tIn this section—\nprescribed details, of a donation, means—\n\t(a)\tthe amount or value of the donation; and\n130ZHA—Donations to third parties\n\t(1)\tIf a person makes an electoral donation or electoral donations totalling more than $1 000 to a third party in a financial year, the person must furnish a return to the Electoral Commissioner in accordance with this section.\n\t(2)\tIf a person makes an electoral donation to any person or body with the intention of benefitting a particular third party, the person is taken for the purposes of subsection (1) to have made that electoral donation directly to that third party.\n\t(3)\tA return must—\n\t(a)\tfor electoral donations referred to in subsection (1) made by the person furnishing the return during the period to which the return relates—\n\t(i)\tin the case of an electoral donation of more than $1 000—set out the prescribed details in relation to the donation; and\n\t(ii)\tin the case of all other electoral donations—set out the total value of the donations made and the number of persons to whom such donations were made; and\n\t(b)\tfor electoral donations received by the person at any time that the person used during that period (either wholly or partly) to enable the person to make the donations referred to in paragraph (a) or to reimburse the person for making such donations—\n\t(i)\tin the case of an electoral donation of more than $1 000—set out the prescribed details in relation to the donation; and\n\t(ii)\tin the case of all other such electoral donations—set out the total value of the donations received and the number of persons from whom such donations were received.\n\t(4)\tA return must be in a form approved by the Electoral Commissioner and furnished at the prescribed times.\n\t(5)\tFor the purposes of this section, the prescribed times for furnishing a return are as follows:\n\t(a)\tin relation to an electoral donation made between the period commencing 30 days after polling day in a general election until the start of the designated period for the next general election—\n\t(i)\tif the electoral donation was made on or after 1 January in a year—within 30 days of 30 June in that year; or\n\t(ii)\tif the electoral donation was made on or after 1 July in a year—within 30 days of 31 December in that year;\n\t(b)\tin relation to an electoral donation made during the designated period for the relevant election—within 7 days after the end of the designated period.\n\t(6)\tIf the agent of a third party knows that the third party has received an electoral donation requiring a return to be furnished under this section, the agent must inform the person who gave the electoral donation of the requirement that the person furnish a return in relation to the electoral donation under this Part.\nprescribed details, of an electoral donation, means—\n\t(a)\tthe amount or value of the donation; and\n130ZJ—Certain donations not to be received\n\t(1)\tIt is unlawful for an entitled registered political party or a person acting on their behalf to receive a donation, the amount or value of which is at least $200 or a greater amount prescribed by regulation, made to or for the benefit of the party by another person, unless—\n\t(a)\tthe name and address of the person making the donation are known to the person receiving the donation; or\n\t(b)\tat the time when the donation is made—\n\t(i)\tthe person making the donation gives to the person receiving the donation their name and address; and\n\t(ii)\tthe person receiving the donation has no grounds to believe that the name and address so given are not the true name and address of the person making the donation.\n\t(2)\tIt is unlawful for an entitled candidate or a member of an entitled group, or a person acting on their behalf, to receive a donation made to or for the benefit of the candidate or the group, as the case may be, being a donation the amount or value of which is at least $200 or a greater amount prescribed by regulation, unless—\n\t(a)\tthe name and address of the person making the donation are known to the person receiving the donation; or\n\t(b)\tat the time when the donation is made—\n\t(i)\tthe person making the donation gives to the person receiving the donation their name and address; and\n\t(ii)\tthe person receiving the donation has no grounds to believe that the name and address so given are not the true name and address of the person making the donation.\n\t(2a)\tIt is unlawful for a third party or a person acting on their behalf to receive an electoral donation, the amount or value of which is at least $200 or a greater amount prescribed by regulation, made to or for the benefit of the third party by another person, unless—\n\t(a)\tthe name and address of the person making the electoral donation are known to the person receiving the electoral donation; or\n\t(b)\tat the time when the electoral donation is made—\n\t(i)\tthe person making the electoral donation gives to the person receiving the electoral donation their name and address; and\n\t(ii)\tthe person receiving the electoral donation has no grounds to believe that the name and address so given are not the true name and address of the person making the electoral donation.\n\t(3)\tA reference in subsection (1), (2) or (2a) to the name and address of a person making a donation is—\n\t(a)\tin the case of a donation made on behalf of the members of an incorporated or unincorporated association—a reference to—\n\t(i)\tthe name of the association; and\n\t(ii)\tthe names and addresses of the members of the executive committee (however described) of the association; and\n\t(b)\tin the case of a donation purportedly made out of a trust fund or out of the funds of a foundation—a reference to—\n\t(i)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(ii)\tthe title or other description of the trust fund or the name of the foundation, as the case requires; and\n\t(c)\tin the case of a donation made by or on behalf of a body corporate—a reference to—\n\t(i)\tthe name of the body corporate; and\n\t(ii)\tthe names and addresses of the members of the board of the body corporate; and\n\t(iii)\tthe name of any parent, subsidiary or related body corporate of the body corporate; and\n\t(d)\tin any other case—the name and address of the person or organisation.\n\t(4)\tFor the purposes of subsection (2), a person who is an entitled candidate in an election is taken to remain an entitled candidate for 30 days after the polling day for the election.\n\t(5)\tFor the purposes of subsection (2), persons who constituted an entitled group in an election are taken to continue to constitute the same group for 30 days after the polling day for the election.\n\t(6)\tIf a prescribed designated participant or other person receives a donation that, by virtue of this section, it is unlawful for the prescribed designated participant or person to receive, an amount equal to the amount or value of the donation is payable to the Crown (and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction) by the prescribed designated participant or person, or, in the case of a prescribed designated participant that is an unincorporated body, each member of the executive committee (who are, for the purposes of this subsection, jointly and severally liable for the debt).\nprescribed designated participant means—\n\t(b)\ta third party.\n130ZK—Certain loans not to be received\n\t(1)\tIt is unlawful for a designated participant or a person acting on behalf of a designated participant to receive a loan of $500 or more from a person other than a financial institution unless the loan is made in accordance with subsection (3).\n\t(3)\tThe receiver of the loan must keep a record of the following:\n\t(a)\tthe terms and conditions of the loan;\n\t(b)\tif the loan was received from a registered industrial organisation other than a financial institution—\n\t(i)\tthe name of the organisation; and\n\t(ii)\tthe names and addresses of the members of the executive committee (however described) of the organisation;\n\t(c)\tif the loan was received from an incorporated or unincorporated association—\n\t(i)\tthe name of the organisation or association; and\n\t(ii)\tthe names and addresses of the members of the executive committee (however described) of the association or organisation;\n\t(d)\tif the loan was paid out of a trust fund or out of the funds of a foundation—\n\t(i)\tthe names and addresses of the trustees of the fund or of the foundation; and\n\t(ii)\tthe title or other description of the trust fund, or the name of the foundation, as the case requires;\n\t(e)\tif the loan was received from a body corporate—\n\t(i)\tthe name of the body corporate; and\n\t(ii)\tthe names and addresses of the members of the board of the body corporate; and\n\t(iii)\tthe name of any parent, subsidiary or related body corporate of the body corporate;\n\t(f)\tin any other case—the name and address of the person or organisation.\n\t(4)\tFor the purpose of this section, a person who is an entitled candidate in an election is taken to remain an entitled candidate for 30 days after the polling day in the election.\n\t(5)\tFor the purpose of this section, persons who constituted an entitled group in an election are taken to continue to constitute the same group for 30 days after the polling day in the election.\n\t(6)\tIf a designated participant or other person receives a loan that, by virtue of this section, it is unlawful for the designated participant or person to receive, an amount equal to the amount or value of the loan is payable to the Crown (and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction) by the designated participant or person, or, in the case of a designated person that is an unincorporated body, each member of the executive committee (who are, for the purposes of this subsection, jointly and severally liable for the debt).\nDivision 8—Returns\n130ZM—Interpretation\namount includes the value of a donation, loan or bequest.\n130ZN—Returns by registered political parties\n\t(1)\tSubject to this Division, the agent of each registered political party must, at the prescribed times, furnish to the Electoral Commissioner a political party return, in respect of each prescribed period, in a form approved by the Electoral Commissioner.\n\t(2)\tA political party return must set out—\n\t(a)\tthe total amount received by, or on behalf of, the party during each prescribed period, which must include a statement of the total of amounts of $1 000 or less received by, or on behalf of, the party during the prescribed period and the number of persons from whom such amounts were received; and\n\t(b)\tthe prescribed details in relation to each amount of more than $1 000 received by, or on behalf of, the party during each prescribed period; and\n\t(c)\tthe total outstanding amount, as at the end of each prescribed period, of all debts incurred by, or on behalf of, the party, which must include a statement of the total amount of debts of $1 000 or less incurred by, or on behalf of, the party during the prescribed period and the number of persons to whom such debts are owed; and\n\t(d)\tthe prescribed details in relation to each debt of more than $1 000 incurred by, or on behalf of, the party during each prescribed period.\n\t(2a)\tA political party return must include a declaration endorsed in a manner determined by the Electoral Commissioner by the agent of the party stating that the party has not received any electoral donations in contravention of Division 6A during the prescribed period to which the return relates.\n\t(3)\tFor the purposes of this section—\n\t(a)\teach of the following periods is a prescribed period in respect of a political party return:\n\t(i)\tif no previous political party return has been furnished to the Electoral Commissioner under this Part—the period commencing on the day on which this Part first applied to the registered political party until 30 June or 31 December (whichever is the earlier);\n\t(ii)\tfrom 30 days after polling day in a general election until the start of the designated period for the next general election—\n\t(iii)\tfrom the start of the designated period for the relevant general election until the expiration of 30 days after the relevant polling day—\n\t(A)\tthe period commencing from the start of the designated period until 30 days after the start of the designated period; and\n\t(B)\teach period of 14 days from the end of the period referred to in subsubparagraph (A); and\n\t(C)\tif the number of days from the end of the last period referred to in subsubparagraph (B) until the expiration of 30 days after the relevant polling day is less than 14 days—the period commencing from the end of the last prescribed period referred to in subsubparagraph (B) until the day falling 30 days after the relevant polling day; and\n\t(b)\tthe prescribed times for furnishing a political party return in respect of a prescribed period are as follows:\n\t(i)\tfor the prescribed periods referred to in subsection (3)(a)(i) and (ii)—within 30 days of the end of each prescribed period;\n\t(ii)\tfor the prescribed periods referred to in subsection (3)(a)(iii)—within 5 days of the end of each prescribed period.\n\t(4)\tFor the purposes of this section, 2 or more amounts received by a registered political party from the same person during a financial year are to be treated as 1 amount received by the political party.\nprescribed details, of an amount received or debt incurred, means—\n\t(a)\tthe value of the amount or debt; and\n\t(c)\tthe name and address of the person from whom the amount was received or to whom the debt was incurred; and\n130ZO—Returns by associated entities\n\t(1)\tThe agent of an associated entity must, at the prescribed times, furnish to the Electoral Commissioner an associated entity return, in respect of each prescribed period, in a form approved by the Electoral Commissioner, setting out—\n\t(a)\tthe total amount received by, or on behalf of, the entity during each prescribed period, which must include a statement of the total of amounts of $1 000 or less received by, or on behalf of, the entity during the prescribed period and the number of persons from whom such amounts were received; and\n\t(b)\tthe prescribed details in relation to each amount of more than $1 000 received by, or on behalf of, the entity during each prescribed period; and\n\t(c)\tthe total outstanding amount, as at the end of each prescribed period, of all debts incurred by, or on behalf of, the entity, which must include a statement of the total amount of debts of $1 000 or less incurred by, or on behalf of, the entity during the prescribed period and the number of persons to whom such debts are owed; and\n\t(d)\tthe prescribed details in relation to each debt of more than $1 000 incurred by, or on behalf of, the entity during each prescribed period.\n\t(1a)\tAn associated entity return must include a declaration endorsed in a manner determined by the Electoral Commissioner by the agent of the entity stating that the entity has not received any electoral donations in contravention of Division 6A during the prescribed period to which the return relates.\n\t(2)\tAmounts received or paid at a time when the entity was not an associated entity are not to be counted for the purposes of subsection (1).\n\t(3)\tIf an entity is not an associated entity for an entire period for which a return is required to be furnished under subsection (1), the entity is not required to furnish a return for that period.\n\t(4)\tIf any amount required to be set out under subsection (1)(c) or (d)—\n\t(a)\twas paid to or for the benefit of one or more registered political parties; and\n\t(b)\twas paid out of funds generated from capital of the associated entity,\nthe associated entity return must also set out the following details about each person who contributed to that capital after the commencement of this section:\n\t(c)\tthe name and address of the person;\n\t(d)\tthe total amount of the person's contributions to that capital, up to the end of the period to which the associated entity return relates.\n\t(5)\tSubsection (4) does not apply to contributions that have been set out in a previous associated entity return under this section.\n\t(5a)\tThe regulations may, in relation to an associated entity that is a nominated entity, require the agent of the entity to furnish returns in accordance with the regulations (in addition to any return that the associated entity is required to furnish under subsection (1)).\n\t(6)\tFor the purposes of this section—\n\t(a)\teach of the following periods is a prescribed period in respect of an associated entity return:\n\t(i)\tfrom 30 days after polling day in a general election until the start of the designated period for the next general election—\n\t(ii)\tfrom the start of the designated period for the relevant general election until the expiration of 30 days after the relevant polling day—\n\t(A)\tthe period commencing at the start of the designated period until 30 days after the start of the designated period; and\n\t(B)\teach period of 7 days from the end of the period referred to in subsubparagraph (A); and\n\t(C)\tif the number of days from the end of the last period referred to in subsubparagraph (B) until the expiration of 30 days after the relevant polling day is less than 7 days—the period commencing from the end of the last prescribed period referred to in subsubparagraph (B) until the day falling 30 days after the relevant polling day; and\n\t(b)\tthe prescribed times for furnishing an associated entity return in respect of a prescribed period are as follows:\n\t(i)\tfor the prescribed periods referred to in subsection (6)(a)(i)—within 30 days of the end of each prescribed period;\n\t(ii)\tfor the prescribed periods referred to in subsection (6)(a)(ii)—within 5 days of the end of each prescribed period.\n\t(7)\tFor the purposes of this section, 2 or more amounts received by an associated entity from the same person during a financial year are to be treated as 1 amount received by the entity.\nprescribed details, of an amount received or debt incurred, means—\n\t(a)\tthe value of the amount or debt; and\n\t(c)\tthe name and address of the person from whom the amount was received or to whom the debt was incurred; and\n130ZP—Returns by third parties\n\t(1)\tThe agent of a third party must, at the prescribed times, furnish to the Electoral Commissioner a third party return, in respect of each prescribed period, in a form approved by the Electoral Commissioner, setting out—\n\t(a)\tthe total amount of all electoral donations received by, or on behalf of, the third party during each prescribed period, which must include a statement of the total of electoral donations of $1 000 or less received by, or on behalf of, the third party during the prescribed period and the number of persons from whom such electoral donations were received; and\n\t(b)\tthe prescribed details in relation to each electoral donation of more than $1 000 received by, or on behalf of, the third party during each prescribed period; and\n\t(c)\tthe total outstanding amount, as at the end of each prescribed period, of all debts incurred by, or on behalf of, the third party solely or substantially for State electoral purposes or for the purposes of political expenditure (including for the purposes of reimbursement for political expenditure), which must include a statement of the total amount of such debts of $1 000 or less incurred by, or on behalf of, the third party during the prescribed period and the number of persons to whom such debts are owed; and\n\t(d)\tthe prescribed details in relation to each debt of more than $1 000 incurred by, or on behalf of, the third party solely or substantially for State electoral purposes or for the purposes of political expenditure (including for the purposes of reimbursement for political expenditure) during each prescribed period.\n\t(2)\tFor the purposes of this section—\n\t(a)\teach of the following periods is a prescribed period in respect of a third party return:\n\t(i)\tif no previous third party return has been furnished to the Electoral Commissioner under this Part—the period commencing on the day on which this Part first applied to the third party until 30 June or 31 December (whichever is the earlier);\n\t(ii)\tfrom 30 days after polling day in a general election until the start of the designated period for the next general election—\n\t(iii)\tfrom the start of the designated period for the relevant general election until the expiration of 30 days after the relevant polling day—\n\t(A)\teach period of 30 days from the start of the designated period; and\n\t(B)\tif the number of days from the end of the last period referred to in subsubparagraph (A) until the expiration of 30 days after the relevant polling day is less than 30 days—the period commencing from the end of the last prescribed period referred to in subsubparagraph (A) until the day falling 30 days after the relevant polling day; and\n\t(b)\tthe prescribed times for furnishing a third party return in respect of a prescribed period are as follows:\n\t(i)\tfor the prescribed periods referred to in subsection (2)(a)(i) and (ii)—within 30 days of the end of each prescribed period; and\n\t(ii)\tfor the prescribed periods referred to in subsection (2)(a)(iii)—within 5 days of the end of each prescribed period.\n\t(3)\tFor the purposes of this section, 2 or more amounts received by a third party from the same person during a financial year are to be treated as 1 amount received by the third party.\n\t(4)\tA third party is not required to furnish a return under this section in respect of a prescribed period if the third party furnished an associated entity return under section 130ZO in respect of the prescribed period.\nprescribed details, of an electoral donation received or debt incurred, means—\n\t(a)\tthe amount or value of the electoral donation or debt; and\n\t(c)\tthe name and address of the person from whom the electoral donation was received or to whom the debt was incurred; and\n130ZQ—Returns relating to political expenditure during capped expenditure period\n\t(1)\tThis section applies to a registered political party, candidate, group or third party that, during the capped expenditure period for an election, incurs political expenditure of an amount of more than $5 000.\n\t(2)\tThe agent of a person or body to which this section applies must furnish to the Electoral Commissioner an expenditure return setting out the details of political expenditure for the election incurred by the person or body.\n\t(3)\tThe agent of a third party to which this section applies must set out in the return whether any political expenditure was incurred under an agreement or arrangement with a person to whom Division 6 applies, and, if so, details of the expenditure.\n\t(4)\tThe expenditure return must—\n\t(a)\tbe provided within 60 days after polling day for the election; and\n130ZR—Annual returns relating to political expenditure\n\t(1)\tA person must provide a return for a financial year in accordance with this section if—\n\t(a)\tthe person incurred political expenditure during the year, by or with his or her own authority; and\n\t(b)\tthe amount of the expenditure was more than $5 000; and\n\t(c)\tat the time that the person gave the authority the person was not—\n\t(i)\tthe Crown (including a public sector agency (within the meaning of the Public Sector Act 2009)); or\n\t(ii)\ta member of the House of Assembly or Legislative Council.\n\t(2)\tThe person must provide to the Electoral Commissioner a return for the financial year setting out the details of the expenditure incurred.\n\t(3)\tThe agent of a third party required to provide a return under this section must set out in the return whether any political expenditure was incurred under an agreement or arrangement with a person to whom Division 6 applies, and, if so, details of the expenditure.\n\t(4)\tHowever, nothing in this section requires the disclosure of any details required to be furnished in an expenditure return under section 130ZQ.\n\t(5)\tThe return must—\n\t(a)\tbe provided before the end of 12 weeks after the end of the financial year; and\n130ZS—Annual returns relating to amounts received for political expenditure\n\t(1)\tA person must provide a return for a financial year in accordance with this section if—\n\t(a)\tthe person is required to provide a return for the year under section 130ZQ or 130ZR (or both); and\n\t(b)\tthe person received an amount or amounts, at any time, that the person used during the year (either wholly or partly)—\n\t(i)\tto enable the person to incur political expenditure; or\n\t(ii)\tto reimburse the person for incurring political expenditure; and\n\t(c)\tat least 1 such amount was more than $1 000; and\n\t(d)\tat the time that the person received the amount, the person was not—\n\t(i)\ta relevant entity; or\n\t(ii)\ta candidate in an election; or\n\t(iii)\ta member of a group.\n\t(2)\tThe person must provide to the Electoral Commissioner a return for the financial year setting out the prescribed details in respect of each amount of more than $1 000 referred to in subsection (1)(b).\n\t(3)\tThe return must—\n\t(a)\tbe provided before the end of 12 weeks after the end of the financial year; and\n\t(4)\tFor the purposes of subsection (2), 2 or more amounts given, during the financial year, by the same person to another person are taken to be 1 amount.\nprescribed details, of an amount received, means—\n\t(a)\tthe value of the amount; and\n\t(b)\tthe date on which it was received; and\n\t(c)\tthe name and address of the person from whom the amount was received; and\n130ZT—Related matters\nReturns provided in accordance with this Division are not to include lists of party membership.\nDivision 8A—Registration of third parties\n130ZU—Interpretation\nregister means the Register of Third Parties established under section 130ZUB;\nregister period means the period commencing on the day that falls 30 days after polling day for a general election and concluding on the day that falls 30 days after polling day for the subsequent general election.\n130ZUA—Political expenditure by third parties\nA third party (being a person (other than one referred to in paragraphs (a) to (e) of the definition of third party in section 130A) who incurs or intends to incur more than $10 000 in political expenditure during the designated period in relation to an election) must not incur such expenditure unless the third party is registered under this Division.\n130ZUB—Register of Third Parties\n\t(1)\tThe Electoral Commissioner must establish and maintain a register, to be known as the Register of Third Parties (the register), setting out a list of the third parties that are registered under this Division.\n\t(2)\tThe register is to be maintained in the form and manner determined by the Electoral Commissioner.\n\t(3)\tThe Electoral Commissioner must publish the register on a website maintained by the Electoral Commissioner.\n130ZUC—Application for registration\n\t(1)\tAn application to register a third party in the register may be made to the Electoral Commissioner by the agent of the third party or another person authorised by the third party to make the application.\n\t(2)\tAn application for registration—\n\t(a)\tmust be made in the manner and form approved by the Electoral Commissioner; and\n\t(b)\tcannot be made less than 45 days before the end of the relevant register period; and\n\t(c)\tmust contain the following particulars:\n\t(i)\tthe full name and address of the third party;\n\t(ii)\tany other information required by the Electoral Commissioner.\n130ZUD—Registration\n\t(1)\tThe Electoral Commissioner may, on an application for registration, register a third party on the register.\n\t(2)\tWithout limiting subsection (1), the Electoral Commissioner may refuse to register a third party if the Electoral Commissioner believes on reasonable grounds that any particulars in the third party's application for registration are incomplete or not correct, but may, if the Electoral Commissioner thinks fit, register the third party despite any such defect.\n\t(3)\tIf the Electoral Commissioner refuses to register a third party under subsection (2)—\n\t(a)\tthe Electoral Commissioner must, as soon as is reasonably practicable, notify the agent of the third party of the refusal and of the reasons for the refusal; and\n\t(b)\tthe agent of the third party may, within 30 days after the date of the notification by the Electoral Commissioner, amend the application for registration by substituting the relevant particulars; and\n\t(c)\tthe amended application is taken to have been received by the Electoral Commissioner when the original application was received by the Electoral Commissioner.\n130ZUE—Third party must notify Electoral Commissioner of change in particulars\nIf a change occurs in any of the particulars stated in the register in relation to a third party (being particulars of the kind required to be stated in an application for registration of the third party), the agent of the third party must, within 30 days after the date of the change, notify the Electoral Commissioner of the change in the manner and form approved by the Electoral Commissioner.\n130ZUF—Variation and cancellation of registration\n\t(1)\tThe Electoral Commissioner may vary the particulars set out in the register in relation to a third party in accordance with a notification or written request made by the agent of the third party.\n\t(2)\tThe Electoral Commissioner may cancel the registration of a third party—\n\t(a)\tin accordance with a written request made by the agent of the third party; or\n\t(b)\ton the Electoral Commissioner's own initiative if satisfied that the registration of the third party should be cancelled.\n\t(3)\tBefore acting under subsection (2)(b), the Electoral Commissioner must take reasonable steps to give notice of the proposed cancellation to the third party.\n\t(4)\tThe Electoral Commissioner may, on the Electoral Commissioner's own initiative or on request, omit any particulars from the register if the Electoral Commissioner is satisfied that the particulars are not correct.\n\t(5)\tThe Electoral Commissioner may, on the Electoral Commissioner's own initiative or on request, include any particulars in the register if it is satisfied that the particulars are correct.\n\t(6)\tThe Electoral Commissioner must notify the agent of the relevant third party of any variations made to the register under this section.\n\t(7)\tThe cancellation of the registration of a third party during a period in which the third party is required to furnish a return under this Part does not affect the requirement to submit the return for that period.\nDivision 9—Related matters\n130ZV—Audit certificates\n\t(1)\tA—\n\t(a)\treturn under this Part other than a return to which subsection (2a) applies; or\n\t(b)\tclaim for funding under section 130UA, 130UB or 130WC,\nfurnished to the Electoral Commissioner by or on behalf of a relevant entity, candidate or group must, subject to subsection (2), be accompanied by a certificate from an auditor in accordance with subsection (3).\n\t(2)\tAn audit certificate that would, but for this subsection, be required to accompany a return may instead be furnished at such later date as is determined by the Electoral Commissioner (provided that the later date is within 30 days after the date on which the return is required to be furnished under this Part).\n\t(2a)\tIf a return furnished to the Electoral Commissioner by or on behalf of a relevant entity, candidate or group under this Part relates to a designated period, an audit certificate in accordance with subsection (3) must, at the prescribed times, be furnished to the Electoral Commissioner by or on behalf of the relevant entity, candidate or group (as the case may be) in relation to all such returns furnished in respect of each of the following periods:\n\t(a)\tthe period commencing at the start of the designated period for the relevant election until 7 days before the relevant polling day;\n\t(b)\tthe period commencing at the end of the period referred to in paragraph (a) until the expiration of 30 days after the relevant polling day.\n\t(2b)\tFor the purposes of subsection (2a), the prescribed times for furnishing an audit certificate are as follows:\n\t(a)\tfor the period referred to in subsection (2a)(a)—7 days before the relevant polling day;\n\t(b)\tfor the period referred to in subsection (2a)(b)—the day on which the last return is required to be furnished in respect of that relevant period.\n\t(3)\tA certificate from an auditor under this section must, in relation to a return under Division 8 that sets out an amount received, identify the source of each such amount, and in all cases must state that the auditor—\n\t(a)\twas given full and free access at all reasonable times to the accounts and documents of the agent responsible for giving the return or claim and of the relevant entity, candidate or group (as the case requires) relating directly or indirectly to a matter required to be disclosed in the return or claim; and\n\t(b)\texamined the accounts and documents referred to in paragraph (a) that the auditor considered material for giving the certificate; and\n\t(c)\treceived all the information and explanations the auditor asked for in relation to any matter required to be stated in the certificate, subject to the qualifications, if any, stated in the certificate; and\n\t(d)\thas no reason to think any statement in the declaration is not correct.\n\t(3a)\tIn addition, a certificate from an auditor under this section must state that the auditor is eligible to act as an auditor in accordance with paragraphs (a) and (b) of the definition of auditor in section 130A.\n\t(4)\tThe Electoral Commissioner may waive compliance with the requirement to give an audit certificate if—\n\t(a)\tin the case of a return—the return is a nil return provided in accordance with section 130ZZ; or\n\t(b)\tin any case—the Electoral Commissioner considers the cost of compliance with the requirement would be unreasonable.\n\t(5)\tA return or claim required to be accompanied by a certificate from an auditor is taken not to have been provided in accordance with the requirements of this Part if it is not accompanied by the certificate.\n130ZW—Auditor to give notice of contravention\nIf, in carrying out an audit to prepare an audit certificate for the purposes of this Part, an auditor becomes aware of a matter that is reasonably likely to constitute a contravention of this Part by a relevant entity, candidate or group, the auditor must, within 7 days after becoming aware of the matter, give the Electoral Commissioner written notice of the matter.\n130ZWA—Audits by Electoral Commissioner etc\n\t(1)\tThe Electoral Commissioner may, in accordance with any requirements of the regulations, audit the activities and documents of an applicable entity.\n\t(2)\tAn applicable entity the subject of an audit, its agent and any officer of the applicable entity, must assist the Electoral Commissioner by—\n\t(a)\tgiving the Electoral Commissioner full and free access at all reasonable times to all documents of the applicable entity or agent relevant to the audit; and\n\t(b)\tgiving the Electoral Commissioner all information and explanations that the Electoral Commissioner reasonably requires with respect to the audit.\n\t(3)\tThe Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a class of persons to perform audits under this section.\n\t(4)\tA person, or a person of a class, appointed under this section may exercise the same functions as the Electoral Commissioner in relation to audits under this section.\napplicable entity means—\n\t(a)\ta person or body to whom funding is payable under this Part; or\n\t(b)\tan associated entity; or\n\t(c)\ta third party.\n130ZWB—Registered political party to provide details of associated entities\n\t(1)\tThe agent of each registered political party must, within 30 days after 30 June in each year, furnish to the Electoral Commissioner, in a form approved by the Electoral Commissioner, details of each entity that the agent knows, or ought reasonably to know, is an associated entity in relation to the registered political party.\n\t(2)\tWithout limiting subsection (1), the agent of each registered political party must, as soon as is reasonably practicable after an entity becomes an associated entity of the party (and in any event within 30 days of the start of the association), furnish to the Electoral Commissioner, in a form approved by the Electoral Commissioner, details of the entity.\n130ZX—Electoral Commissioner to determine manner in which returns to be furnished\nA return under this Part must be furnished in a manner determined by the Electoral Commissioner.\n130ZY—Public inspection of returns\n\t(1)\tThe Electoral Commissioner must keep at his or her principal office each return furnished to the Electoral Commissioner under this Part.\n\t(2)\tThe Electoral Commissioner must, at the end of the period prescribed for the purposes of subsection (5), make a copy of each return available on a website maintained by the Electoral Commissioner.\n\t(3)\tSubject to this section, a person is entitled to inspect a copy of a return, without charge, during ordinary business hours at the principal office of the Electoral Commissioner.\n\t(4)\tSubject to this section, a person is entitled, on payment of a fee determined by the Electoral Commissioner to be the cost of copying, to obtain a copy of a return.\n\t(5)\tA person is not entitled to inspect or obtain a copy of a return until the end of the prescribed period after the day before which the return was required to be furnished to the Electoral Commissioner.\n130ZZ—Nil returns\nIf no details are required to be included in a return required under this Part, the return must nevertheless be lodged and must include a statement to the effect that no donations or, if relevant, loans of a kind required to be disclosed were received.\n130ZZA—Records to be kept\nIf—\n\t(a)\ta person makes or obtains a document or other thing that is or includes a record relating to a matter particulars of which are or could be required to be set out in a return under this Part relating to an election; and\n\t(b)\tthe record is not a record that, in the normal course of business or administration, would be transferred to some other person,\nthe person must retain that record for at least 4 years commencing on the polling day for that election.\n130ZZB—Investigation etc\n\t(1)\tIn this section—\nauthorised officer means a person authorised by the Electoral Commissioner under subsection (2);\ndesignated entity means a candidate, group, registered political party, third party or associated entity.\n\t(2)\tThe Electoral Commissioner may, by instrument in writing signed by the Electoral Commissioner, authorise a person or a person included in a class of persons to perform duties under this section.\n\t(3)\tAn authorised officer may, for the purpose of finding out whether the agent of a designated entity has complied with this Part, by notice served personally or by post on the agent or (in the case of a registered political party, third party or associated entity) any officer of the registered political party, third party or associated entity (as the case may be), require the agent or officer—\n\t(a)\tto produce, within the period and in the manner specified in the notice, the documents or other things referred to in the notice; or\n\t(b)\tto appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce the documents or other things referred to in the notice.\n\t(4)\tIf a notice under subsection (3) requires an officer of a registered political party, third party or associated entity (other than the agent) to appear before an authorised officer under subsection (3)(b), then the agent of the registered political party, third party or associated entity (as the case may be) is entitled—\n\t(a)\tto attend at the proceeding under subsection (3)(b); or\n\t(b)\tto nominate another person in writing to attend on behalf of the agent.\n\t(5)\tFailure of the agent or nominee to attend under subsection (4) does not affect the powers of the authorised officer to conduct the proceeding under subsection (3)(b).\n\t(6)\tIf an authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things or giving evidence relating to a contravention, or possible contravention, of this Part, or relating to matters that are set out in, or are required to be set out in, a return under this Part, the authorised officer may, by notice served personally or by post on that person, require that person—\n\t(a)\tto produce, within the period and in the manner specified in the notice, such documents or other things as are referred to in the notice; \n\t(b)\tto appear, at a time and place specified in the notice, before the authorised officer to give evidence, either orally or in writing, and to produce such documents or other things as are referred to in the notice.\n\t(7)\tIf—\n\t(a)\tan authorised officer has reasonable grounds to believe that a person is capable of producing documents or other things, or giving evidence, relating to whether an entity is, or was at a particular time, an associated entity; and\n\t(b)\tthe person is, or has at any time been, the financial controller or an officer of the entity,\nthe authorised officer may, by notice served personally or by post on the person, require the person—\n\t(c)\tto produce, within the period and in the manner specified in the notice, such documents or other things as are specified in the notice; or\n\t(d)\tto appear, at a time and place specified in the notice, before the authorised officer to give evidence, whether orally or in writing, and to produce the documents or other things specified in the notice.\n\t(8)\tThe notice must not require the person to produce documents, or to appear, until after the end of the period of 14 days beginning on the day on which the notice was received, and must set out the person's right to request a review under subsection (9).\n\t(9)\tA person who is given a notice under subsection (7) may request that the Electoral Commissioner review the decision to issue the notice. \n\t(10)\tThe request must be—\n\t(a)\tin writing; and\n\t(b)\tgiven to the Electoral Commissioner during the period of 14 days beginning on the day on which the notice was received.\n\t(11)\tThe Electoral Commissioner must—\n\t(a)\treview the decision as soon as practicable after receiving a request under subsection (9); and\n\t(b)\taffirm, vary or set aside the decision; and\n\t(c)\tnotify the person in writing of his or her decision on the review.\n\t(12)\tIf a person requests a review of a decision, the person is not taken to have refused or failed to comply with the notice to which the review relates at any time before the Electoral Commissioner has notified the person of his or her decision on the review.\n\t(13)\tAn authorised officer may require any evidence that is to be given to him or her in compliance with a notice under subsection (3), (6) or (7) to be given on oath or affirmation and for that purpose the authorised officer may administer an oath or affirmation.\n\t(14)\tA person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with the notice.\n\t(15)\tA person must not, in purported compliance with a notice under this section, give evidence that is, to the knowledge of the person, false or misleading in a material particular.\n\t(16)\tIf—\n\t(a)\tan authorised officer has reasonable grounds for suspecting that there may be, at any time within the next following 24 hours, on any land or on or in any premises, vessel, aircraft or vehicle, a document or other thing that may afford evidence relating to a contravention of this Part; and\n\t(b)\tthe authorised officer has reasonable grounds to believe that, if a notice under this section were issued for the production of the document or other thing, the document or other thing might be concealed, lost, mutilated or destroyed,\nthe authorised officer may make an application to a magistrate for the issue of a warrant under subsection (17).\n\t(17)\tSubject to subsection (18), if an application under subsection (16) is made by an authorised officer to a magistrate, the magistrate may issue a warrant authorising the authorised officer or any other person named in the warrant, with such assistance as the officer or person thinks necessary and if necessary by force—\n\t(a)\tto enter on the land or on or into the premises, vessel, aircraft or vehicle; and\n\t(b)\tto search the land, premises, vessel, aircraft or vehicle for documents or other things that may afford evidence relating to a contravention of this Part, being documents or other things of a kind described in the warrant; and\n\t(c)\tto seize any documents or other things of the kind referred to in paragraph (b).\n\t(18)\tA magistrate may not issue a warrant under subsection (17) unless—\n\t(a)\tan affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought; and\n\t(b)\tthe authorised officer applying for the warrant or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and\n\t(c)\tthe magistrate is satisfied that there are reasonable grounds for issuing the warrant.\n\t(19)\tIf a magistrate issues a warrant under subsection (17), the magistrate must state on the affidavit furnished in accordance with subsection (18) which of the grounds specified in that affidavit he or she has relied on to justify the issue of the warrant and particulars of any other grounds so relied on.\n\t(20)\tA warrant issued under subsection (17) must—\n\t(a)\tinclude a statement of the purpose for which the warrant is issued, which must include a reference to the contravention of this Part in relation to which the warrant is issued; and\n\t(b)\tstate whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n\t(c)\tinclude a description of the kind of documents or other things authorised to be seized; and\n\t(d)\tspecify a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.\n\t(21)\tIf a document or other thing is seized by a person pursuant to a warrant issued under subsection (17)—\n\t(a)\tthe person may retain the document or other thing for so long as is reasonably necessary for the purposes of the investigation to which the document or other thing is relevant; and\n\t(b)\twhen the retention of the document or other thing by the person ceases to be reasonably necessary for those purposes, the person must cause the document or other thing to be delivered to the person who appears to be entitled to possession of it.\n130ZZC—Inability to complete returns\n\t(1)\tIf a person who is required to furnish a return under this Part considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—\n\t(a)\tprepare the return to the extent that it is possible to do so without those particulars; and\n\t(b)\tfurnish the return so prepared; and\n\t(c)\tgive to the Electoral Commissioner notice in writing—\n\t(i)\tidentifying the return; and\n\t(ii)\tstating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and\n\t(iii)\tidentifying those particulars; and\n\t(iv)\tsetting out the reasons why he or she is unable to obtain those particulars; and\n\t(v)\tif the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,\nand a person who complies with this subsection is not, by reason of the omission of those particulars, to be taken, for the purposes of this Part, to have furnished a return that is incomplete (and the return may accordingly have effect for the purposes of this Part).\n\t(2)\tIf the Electoral Commissioner has been informed under subsection (1) or (3) that a person can supply particulars that have not been included in a return, the Electoral Commissioner may, by notice in writing served on that person, require the person to furnish to the Electoral Commissioner, within the period specified in the notice and in writing, those particulars and, subject to subsection (3), the person must comply with that requirement.\n\t(3)\tIf a person who is required to furnish particulars under subsection (2) considers that he or she is unable to obtain some or all of the particulars, the person must give to the Electoral Commissioner a written notice—\n\t(a)\tsetting out the particulars (if any) that the person is able to give; and\n\t(b)\tstating that the person is unable to obtain some or all of the particulars; and\n\t(c)\tidentifying the particulars the person is unable to obtain; and\n\t(d)\tsetting out the reasons why the person considers he or she is unable to obtain those particulars; and\n\t(e)\tif the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—setting out the name and address of that other person and the reasons why he or she believes that the other person is able to give those particulars.\n130ZZD—Amendment of returns\n\t(1)\tIf the Electoral Commissioner is satisfied that a return under this Part contains a formal error or is subject to a formal defect, the Electoral Commissioner may amend the return to the extent necessary to correct the error or remove the defect.\n\t(2)\tA person who has furnished a return may request the permission of the Electoral Commissioner to make a specified amendment of the return for the purpose of correcting an error or omission.\n\t(3)\tIf the return was furnished by a person as the agent of a registered political party, the request under subsection (2) may be made either by—\n\t(a)\tthe person who lodged the claim or return; or\n\t(b)\tthe person who is currently registered as the agent of the political party.\n\t(4)\tA request under subsection (2) must—\n\t(a)\tbe by notice in writing signed by the person making the request; and\n\t(b)\tbe lodged with the Electoral Commissioner.\n\t(5)\tIf—\n\t(a)\ta request has been made under subsection (2); and\n\t(b)\tthe Electoral Commissioner is satisfied that there is an error in, or omission from, the return to which the request relates,\nthe Electoral Commissioner must permit the person making the request to amend the return in accordance with the request.\n\t(6)\tIf the Electoral Commissioner decides to refuse a request under subsection (2), the Electoral Commissioner must give to the person making the request written notice of the reasons for the decision and the decision is reviewable under Part 12 Division 1.\n\t(7)\tThe amendment of a return under this section does not affect the liability of a person to be convicted of an offence against this Part arising out of the furnishing of the return.\n130ZZE—Offences\n\t(a1)\tA person who does an act or makes an omission that is unlawful under Division 6 or Division 6A is guilty of an offence if the person knows of the facts that result in the act or omission being unlawful under the relevant Division.\nMaximum penalty: $20 000 or imprisonment for 4 years.\n\t(a2)\tA person who does an act or makes an omission that is unlawful under Division 6 or Division 6A is guilty of an offence if the person ought reasonably to know of the facts that result in the act or omission being unlawful under the relevant Division.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(a3)\tA person must not knowingly participate, directly or indirectly, in a scheme to circumvent—\n\t(a)\ta prohibition or requirement under Division 6 relating to political expenditure; or\n\t(b)\ta prohibition or requirement under Division 6A relating to electoral donations.\nMaximum penalty: $50 000 or imprisonment for 10 years.\n\t(a4)\tSubsection (a3) applies whether or not the person also participates in the scheme for other purposes.\n\t(1)\tA person who fails to furnish a return that the person is required to furnish under this Part within the time required by this Part is guilty of an offence.\n\t(a)\tin the case of a return required to be furnished by the agent of a political party—$10 000;\n\t(b)\tin any other case—$5 000.\n\t(2)\tA person who furnishes a return under this Part that is incomplete is guilty of an offence.\nMaximum penalty: $1 500.\n\t(3)\tA person who furnishes a return or other information—\n\t(a)\tthat the person is required to furnish under this Part; and\n\t(b)\tthat contains a statement that is, to the knowledge of the person, false or misleading in a material particular,\n\t(4)\tA person who furnishes to another person who is required to furnish a return information—\n\t(a)\tthat the person knows is required for the purposes of that return; and\n\t(b)\tthat is, to that person's knowledge, false or misleading in a material particular,\n\t(5)\tA person who contravenes, or fails to comply with, a provision of this Part is guilty of an offence.\n\t(6)\tA person who is guilty of an offence against this Part for which no penalty is specifically provided is liable to a penalty not exceeding $7 500.\n\t(6a)\tIf—\n\t(a)\ta person admits the commission of an offence against subsection (a1) or (a2); and\n\t(b)\tthe offence was committed within 2 years after the commencement of that subsection; and\n\t(c)\tthe Electoral Commissioner is of the opinion that the matter does not warrant prosecution,\nthe Electoral Commissioner may informally caution the person against further offending, require the person to complete a course of education, training or instruction determined by the Electoral Commissioner and proceed no further against the person.\n\t(6b)\tA person who fails to comply with a requirement of the Electoral Commissioner under subsection (6a) is guilty of an offence.\n\t(7)\tIf a person commits an offence by reason of a failure to furnish a return or other information, or to do any other thing, within a particular period as required under this Part—\n\t(a)\tthe obligation to furnish the return or other information, or to do the other thing, continues despite the expiration of the period; and\n\t(b)\tif the person is convicted of the offence and the failure continues after conviction, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the failure continues after the conviction of not more than an amount equal to one‑fifth of the maximum penalty prescribed for the offence.\n\t(8)\tAn allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.\n\t(8a)\tFor the purposes of this Part, a person will not be taken to participate in a scheme by reason only of the fact that the person is a member of 2 or more bodies involved in the electoral process.\n\t(9)\tIn proceedings against a person for an offence under this Part, it is a defence for the person to prove that the person exercised all reasonable diligence to prevent the commission of the offence.\nparticipate in, a scheme, includes—\n\t(a)\tenable, aid or facilitate entry into, or the carrying out of, a scheme; and\n\t(b)\torganise or control a scheme;\nscheme includes an arrangement, agreement, understanding, course of conduct, promise or undertaking, whether express or implied.\n130ZZF—Non‑compliance with Part does not affect election\nSubject to section 107(7), a failure of a person to comply with a provision of this Part in relation to an election does not invalidate that election.\n130ZZG—Appropriation\nAmounts of funding payable under this Part are payable out of the Consolidated Account (which is appropriated to the necessary extent).\n130ZZH—Regulations\n\t(1)\tThe regulations may require greater detail to be provided in returns than is otherwise required by this Part.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\trequire that a return under Division 7 include additional information relating to persons making donations, loans or bequests; or\n\t(b)\trequire that the total amounts referred to in section 130ZN, 130ZO or 130ZP be broken down in the way specified in the regulations.\n\t(3)\tThe regulations may reduce the amount of information to be provided in returns under section 130ZO.\n","sortOrder":31},{"sectionNumber":"Part 14","sectionType":"part","heading":"Miscellaneous","content":"Part 14—Miscellaneous\n131—Signature to electoral paper\n\t(1)\tAn electoral paper that is required by this Act to be signed by any person must be signed by that person with his or her personal signature.\n\t(2)\tIf a person who is unable to sign his or her name in writing makes a mark as his or her signature to an electoral paper, the mark will be taken to be the personal signature, if it is identifiable as such and is made in the presence of a witness who signs the electoral paper as witness.\n132—Injunctions\n\t(1)\tIf a person contravenes or fails to comply with this Act or some other law of the State applicable to elections, or there are reasonable grounds to suppose that a person may contravene or fail to comply with this Act or some other law of the State applicable to elections, the Supreme Court may, on application by the Electoral Commissioner, grant an injunction for one or more of the following purposes:\n\t(a)\tto restrain the person from engaging in conduct in breach of this Act or the other law; or\n\t(b)\tto require the person to comply with this Act or the other law; or\n\t(c)\tto require the person to take specified action to remedy non-compliance with this Act or the other law.\n\t(2)\tHowever, an injunction cannot be granted under this section in relation to a contravention of, or non-compliance with, Division 2 of Part 13.1\n\t(3)\tThe Court may—\n\t(a)\tgrant an injunction restraining conduct of a specified kind on an interim basis; or\n\t(b)\tdischarge or vary an injunction (whether or not granted on an interim basis).\n\t(4)\tNo undertaking as to damages is to be required as a condition of granting an injunction under this section.\n","sortOrder":32},{"sectionNumber":"1","sectionType":"section","heading":"For power to give injunctive relief in relation to electoral advertising, see section 113.","content":"1\tFor power to give injunctive relief in relation to electoral advertising, see section 113.\n133—Disqualification for bribery and undue influence\nAny person who is convicted of bribery or undue influence or an attempt to commit bribery or undue influence is, during a period of 2 years from the date of the conviction, disqualified from sitting or being elected as a Member of either House of the Parliament.\n134—Service by post\nAny notice or other document that is to be served or given by the Electoral Commissioner under this Act may be served by post.\n135—Preservation of ballot papers\nAll ballot papers, certified lists of voters and declarations used at or in connection with an election must be preserved, until the election can no longer be questioned.\n136—Offences committed with connivance of person other than offender\nWhere a person commits an offence against this Act on behalf, and with the connivance, of another, that other person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence.\n138—Exemption from stamp duty\nNo declaration made for the purposes of this Act is chargeable with stamp duty.\n139—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe forms for the purposes of this Act; and\n\t(b)\tprescribe fines (not exceeding $5 000) for offences against the regulations; and\n\t(c)\tprescribe fees or charges in respect of matters under this Act, and provide for the waiver or refund of such fees or charges; and\n\t(d)\tbe of general application or vary in their application according to prescribed factors; and\n\t(e)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Electoral Commissioner; and\n\t(f)\trefer to or incorporate, wholly or partially and with or without modification, any standard or other document prepared or published by a body referred to in the regulation, as is in force from time to time or as in force at a particular time; and\n\t(g)\tmodify the application of Part 13A, or a provision of that Part, where—\n\t(i)\tthere has been a disendorsement of a candidate by, or a member of Parliament has resigned from, a registered political party; or\n\t(ii)\ta person who was a member of a group has been disendorsed by the group, or otherwise is no longer a member of the group; and\n\t(ga)\twithout limiting paragraph (g) or (h), modify the application of Part 13A, or a provision of that Part, other than Division 6A Subdivision 2, in respect of the whole or any part of the period commencing on the commencement of this paragraph and ending on 31 December 2026; and\n\t(h)\tmake provisions of a savings or transitional nature consequent on the amendment of this Act by another Act.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Electoral Act 1985 repealed the following:\nElectoral Act 1929\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Electoral Act 1985\n6.6.1985\n29.8.1985 (Gazette 29.8.1985 p604)\n Electoral Act Amendment Act 1988\n10.3.1988\n5.5.1988 (Gazette 5.5.1988 p1114)\n Statutes Repeal and Amendment (Remuneration) Act 1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n Electoral (Miscellaneous) Amendment Act 1997\n27.3.1997\n28.8.1997 (Gazette 28.8.1997 p456)\n Electoral (Computer Vote Counting) Amendment Act 1997\n17.7.1997\n28.8.1997 (Gazette 28.8.1997 p456)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 11)—1.6.2000 (Gazette 18.5.2000 p2554)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 30 (s 93)—1.6.2007 (Gazette 26.4.2007 p1352)\n Electoral (Miscellaneous) Amendment Act 2009\n22.10.2009\nPt 2 (ss 4—8, 16—45)  & Sch 1 (cll 3 & 4)—6.1.2010 (Gazette 17.12.2009 p6350) except ss 9—15—22.10.2011 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 52 (ss 106—108)—1.2.2010 (Gazette 28.1.2010 p320)\n Electoral (Miscellaneous) Amendment Act 2013\n24.10.2013\n12.12.2013 (Gazette 12.12.2013 p4630)\n Electoral (Funding, Expenditure and Disclosure) Amendment Act 2013\n24.10.2013\n1.7.2015: s 2\n Electoral (Legislative Council Voting) Amendment Act 2013\n5.12.2013\n16.1.2014 (Gazette 16.1.2014 p120)\n Statutes Amendment (Attorney-General's Portfolio) Act 2016\nPt 7 (ss 19 & 20)—16.6.2016: s 2(1)\n Electoral (Funding, Expenditure and Disclosure) Amendment Act 2016\n8.12.2016\n9.6.2017 (Gazette 5.4.2017 p1022)\n Electoral (Miscellaneous) Amendment Act 2017\nPt 2 (ss 3—37) & Sch 1 (cl 2)—14.6.2017\n Electoral (Legislative Council Voting and Other Measures) Amendment Act 2017\n22.8.2017\n23.10.2017 (Gazette 17.10.2017 p4337) except ss 4 to 18—12.12.2017 (Gazette 12.12.2017 p4958)\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 9 (ss 63 to 72)—2.12.2019 (Gazette 21.11.2019 p3928)\n Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 4 (s 8)—1.5.2020 (Gazette 30.4.2020 p838)\n Electoral (Control of Corflutes) Amendment Act 2024\nPt 2 (ss 2 & 3)—15.2.2024\n Electoral (Accountability and Integrity) Amendment Act 2024\n5.12.2024\n1.7.2025 (Gazette 19.6.2025 p1865)\n Electoral (Miscellaneous) Amendment Act 2024\n5.12.2024\nPt 2 (ss 5, 7, 14, 19, 25, 31, 32, 34(2) & 35)—10.10.2025 (Gazette 10.10.2025 p4059); ss 3(2), 4, 6, 13(1) & (7), 16 to 18, 20 to 24, 26 to 30, 33 & 34(1)—10.1.2026 (Gazette 11.12.2025 p4823); ss 3(1), 8 to 12, 13(2) to (6), 15, 36 & 37—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\nPt 1\n\nss 2 and 3\ndeleted by 44/2003 s 3(1) (Sch 1)\ns 4\n\ns 4(1)\n\nCommonwealth Act\ninserted by 48/2013 s 4(1)\nCommonwealth roll\ninserted by 48/2013 s 4(1)\nelection period\nentitled candidate\nentitled group\nentitled registered political party\ngroup\ninserted by 31/2017 s 4(1)\ngroup voting square\ninserted by 31/2017 s 4(1)\nhour of nomination\nhow-to-vote card\namended by 48/2013 s 4(2)\n\namended by 67/2024 s 3(1)\nmedical practitioner\ninserted by 20/2017 s 3(1)\nmember of Parliament\ninserted by 58/2024 s 3(2)\nofficer\nsubstituted by 84/2009 s 106\n\namended by 20/2017 s 3(2)\npre-polling centre\ninserted by 67/2024 s 3(2)\nregistered voting ticket\namended by 31/2017 s 4(2)\nTribunal\ninserted by 14/2019 s 63\nvoting ticket\nsubstituted by 31/2017 s 4(3)\nvoting ticket square\nsubstituted by 48/2009 s 4\n\namended by 93/2013 s 4\n\ndeleted by 31/2017 s 4(3)\ns 4(3)\ninserted by 58/2024 s 3(3)\nPt 2\n\ns 5\nsubstituted by 22/1997 s 3\ns 6\n\ns 6(1)\n\namended by 84/2009 s 107(1)\ns 6(2)\n\namended by 84/2009 s 107(2)\ns 7\n\ns 7(1)\namended by 18/1990 s 7(a)\n\nsubstituted by 22/1997 s 4\ns 7(2)\ndeleted by 18/1990 s 7(b)\n\ninserted by 22/1997 s 4\ns 7(3)\nsubstituted by 22/1997 s 4\ns 7(4)\ndeleted by 22/1997 s 4\ns 7(5)\ns 7(6)\n\namended by 48/2013 s 5(1)\ns 7(6a)\ninserted by 48/2013 s 5(2)\ns 7(7) and (8)\ns 7(9)\n\namended by 48/2013 s 5(3)\ns 7(10)\ns 7(11)\ninserted by 22/1997 s 27 (Sch 2)\ns 8\n\ns 8(1a)\ninserted by 20/2017 s 4\ns 8(2)\ns 9\n\ns 9(1)\ns 10\ns 11\n\ndeleted by 20/2017 s 5\ns 12 before substitution by 84/2009\n\ns 12(1) and (3)\ns 12\nsubstituted by 84/2009 s 108\ns 12(1)\namended by 20/2017 s 6\ns 13\n\ns 13(1) and (2)\nPt 3\n\ns 14\n\ns 14(1)\ns 14(3)\ns 14(4)\ns 14(5)\ns 16\n\ns 16(1) and (2)\ns 17\ns 18\n\ns 18(1)\n\namended by 67/2024 s 4(1)\ns 18(2)\n\namended by 67/2024 s 4(2), (3)\ns 18(2a)\ninserted by 67/2024 s 4(4)\ns 18(3) and (4)\nPt 4\n\nPt 4 Div 1\n\ns 19\n\ns 19(1) and (2)\nPt 4 Div 2\n\ns 20\n\ns 20(1)\namended by 4/1988 s 3 \n\ns 20(2)\ns 21\n\ns 21(1)\ns 21 amended by 22/1997 s 27 (Sch 2)\n\ns 21 redesignated as s 21(1) by 48/2013 s 6\ns 21(2)\ninserted by 48/2013 s 6\nPt 4 Div 3\n\ns 22\ns 23\n\namended by 48/2013 s 7(1), (2)\nPt 4 Div 4\n\ns 25\ns 26\n\ns 26(1)\n\namended by 48/2009 s 5(1)\n\n(c) deleted by 48/2009 s 5(2)\ns 26(1a)\ninserted by 20/2017 s 7\ns 26(2)\n\nsubstituted by 48/2009 s 5(3)\ns 26(3)—(5)\ninserted by 48/2009 s 5(3)\nPt 4 Div 5\n\ns 27\n\ns 27(1)\n\namended by 48/2009 s 6(1)\ns 27(1a)\ninserted by 48/2009 s 6(2)\ns 27(2)\nsubstituted by 22/1997 s 5\nPt 4 Div 5A\ninserted by 22/1997 s 6\ns 27A\n\ns 27A(2)\namended by 48/2009 s 7(1), (2)\ns 27A(3)\ndeleted by 48/2009 s 7(3)\ns 27A(5)\namended by 48/2009 s 7(4)\ns 27A(6)\ninserted by 48/2009 s 7(5)\nPt 4 Div 6\n\ns 28\n\ns 28(2)\nPt 5\n\nPt 5 Div 1\n\ns 29\n\ns 29(1)\nsubstituted by 4/1988 s 4(a)\n\nsubstituted by 48/2013 s 8\ns 29(2)\n\nsubstituted by 48/2013 s 8\ns 29(4)\namended by 4/1988 s 4(b), (c)\n\namended by 43/2006 s 93(1)\ns 29(5)\ns 29(6)\ninserted by 43/2006 s 93(2)\nPt 5 Div 2 before deletion by 48/2013\n\ns 30\n\ns 30(1)\ns 30(2)\namended by 4/1988 s 5\ns 31\n\ns 31(1) and (2)\ns 31(3)\n\namended by 4/2000 s 9(1) (Sch 1 cl 11(a))\nPt 5 Div 2\ndeleted by 48/2013 s 9\nPt 5 Div 2A\ninserted by 48/2009 s 8\ns 31A\n\ns 31A(1)\namended by 48/2013 s 10(1), (2)\ns 31A(2)\namended by 48/2013 s 10(3)\ns 31A(3)\namended by 48/2013 s 10(4)\ns 31A(8)\namended by 14/2019 s 64\ns 31A(9)\namended by 48/2013 s 10(2)\n\n(b) deleted by 67/2024 s 5(1)\ns 31A(10)\namended by 48/2013 s 10(2)\n\n(b) deleted by 67/2024 s 5(2)\n\n(c)(iii) deleted by 67/2024 s 5(3)\nPt 5 Div 3 before substitution by 48/2009\n\ns 32\n\ns 32(1)\namended by 4/1988 s 6(a)\n\ns 32(2)\namended by 4/1988 s 6(b)\n\ns 32(3)\nsubstituted by 22/1997 s 7\ns 32(4)\nPt 5 Div 3\nsubstituted by 48/2009 s 8\ns 32\n\ns 32(1)\namended by 48/2013 s 11(1)\ns 32(1a)\ninserted by 48/2013 s 11(2)\ns 32(1b)\ninserted by 67/2024 s 6\ns 32A\n\ns 32A(1)\namended by 48/2013 s 12\ns 32B\ninserted by 48/2013 s 13\ns 32B(3)\namended by 14/2019 s 65\nPt 5 Div 4\n\ns 33\n\ns 33(1) and (2)\nsubstituted by 4/1988 s 7\ns 33(3) and (4)\ns 34\n\ns 34(1) and (2)\ns 35\n\ns 35(1)\namended by 4/1988 s 8\ns 35(2)\ns 35(3)\n\namended by 4/2000 s 9(1) (Sch 1 cl 11(b))\n\namended by 14/2019 s 66\nPt 6\n\ns 36\n\ns 36(1)\n\neligible political party\namended by 4/1988 s 9\n\nsubstituted by 48/2009 s 9(1)\nparliamentary party\nsubstituted by 48/2009 s 9(2)\ns 36(2)\ns 36(3)\n\nsubstituted by 48/2009 s 9(3)\ns 36(4)\ninserted by 48/2009 s 9(3)\ns 38\n\ns 38(1)\ns 38(2)\ns 39\n\ns 39(2)\namended by 48/2009 s 10\n\namended by 58/2024 s 4\ns 40\n\ns 40(1)\ns 40(2)\n\ndeleted by 67/2024 s 7\ns 40(3)\ninserted by 48/2009 s 11\ns 41\n\ns 41(1) and (2)\ns 42\n\ns 42(1)\ns 42(2)\n\namended by 20/2017 s 8\ns 42(3)\nsubstituted by 48/2009 s 12\ns 42(3a)\ninserted by 48/2009 s 12\ns 42(4) and (5)\ns 42(6)\n\namended by 4/2000 s 9(1) (Sch 1 cl 11(c))\n\namended by 14/2019 s 67\ns 42AA\ninserted by 58/2024 s 5\ns 42A\ninserted by 22/1997 s 8\ns 43\n\ns 43(2)\ns 43(3)\ndeleted by 22/1997 s 9\ns 43A\ninserted by 48/2009 s 13\n\nheading amended by 58/2024 s 6(1)\ns 43A(1)\namended by 58/2024 s 6(2)\ns 43A(4)\nsubstituted by 58/2024 s 6(3)\ns 43A(5)\ndeleted by 20/2017 s 9\nss 43B and 43C\ninserted by 58/2024 s 7\ns 44\n\ns 44(1)\ns 45\n\ns 45(1)\namended by 48/2009 s 14\n\namended by 20/2017 s 10\ns 45(2)\ns 46\n\ns 46(1) and (2)\nss 46A and 46B\ninserted by 48/2009 s 15\nPt 7\n\ns 47\n\ns 47(2)\ns 47(2a)\ninserted by 48/2013 s 14\ns 47(3)\ns 48\n\ns 48(3)\nsubstituted by 48/2009 s 16\n\namended by 48/2013 s 15(1)\ns 48(4)\namended by 48/2013 s 15(2)\ns 48(7)\ns 49\n\ns 49(1)—(3)\ns 50\n\ns 50(1)—(4)\nPt 8\n\nPt 8 Div 1\n\ns 52\n\ns 52(1)\ns 52(1a)\ninserted by 48/2009 s 17\ns 52(2)\ns 53\nsubstituted by 22/1997 s 10\ns 53(1)\nsubstituted by 20/2017 s 11(1)\n\nsubstituted by 67/2024 s 8(1)\ns 53(2)\namended by 20/2017 s 11(2)\n\ndeleted by 67/2024 s 8(2)\ns 53(3)\namended by 31/2017 s 5\n\namended by 67/2024 s 8(3)—(5)\ns 53(4)\nsubstituted by 48/2013 s 16\n\n substituted by 67/2024 s 8(6)\ns 53(5)\namended by 67/2024 s 8(7)\ns 53(6)\namended by 67/2024 s 8(8)\ns 53(7)\namended by 67/2024 s 8(9)\ns 53(11)\ninserted by 20/2017 s 11(3)\ns 53A\ninserted by 22/1997 s 10\ns 53A(1)\namended by 67/2024 s 9(1)\ns 53A(2)\namended by 20/2017 s 12(1)\n\ndeleted by 67/2024 s 9(2)\ns 53A(3)\namended by 93/2013 s 5(1)\n\namended by 58/2024 s 8(1)—(3)\n\namended by 67/2024 s 9(3)—(5)\ns 53A(3a)\ninserted by 93/2013 s 5(2)\n\namended by 67/2024 s 9(6), (7)\ns 53A(4)\namended by 67/2024 s 9(8)\ns 53A(3b) and (3c)\ninserted by 58/2024 s 8(4)\ns 53A(4a)\ninserted by 20/2017 s 12(2)\n\namended by 67/2024 s 9(9)\ns 53(6)\ninserted by 20/2017 s 12(3)\ns 54\n\ns 54(1)\n\namended by 20/2017 s 13(1), (2)\n\namended by 67/2024 s 10\ns 54(3)\ns 55\nsubstituted by 22/1997 s 11\ns 56\n\ns 56(1) and (2)\ns 57\n\ns 57(1)\n\namended by 31/2017 s 6\ns 57(2)\nPt 8 Div 2\n\nPt 8 Div 2 Subdiv 1\nheading preceding s 58 deleted and Subdiv 1 heading inserted by 44/2003 s 3(1) (Sch 1)\ns 58\n\ns 58(1)\n\namended by 48/2009 s 18(1)\ns 58(2)\namended by 31/2017 s 7\n\namended by 67/2024 s 11\ns 58(3)\ns 58(4)\ninserted by 48/2009 s 18(2)\ns 59\n\ns 59(1)\n\namended by 48/2009 s 19(1)\n\namended by 93/2013 s 6(1), (2)\n\namended by 31/2017 s 8(1)\ns 59(2)\n\nsubstituted by 48/2009 s 19(2)\n\nsubstituted by 31/2017 s 8(2)\nPt 8 Div 2 Subdiv 2\nheading preceding s 60 deleted and Subdiv 2 heading inserted by 44/2003 s 3(1) (Sch 1)\ns 60\ns 60A\ninserted by 31/2017 s 9\ns 60A(2)\namended by 67/2024 s 12(1), (2)\ns 60A(3)\namended by 67/2024 s 12(3)\nPt 8 Div 2 Subdiv 3\nheading preceding s 61 deleted and Subdiv 3 heading inserted by 44/2003 s 3(1) (Sch 1)\ns 61\n\ns 61(1)\ns 62\n\ns 62(1)\namended by 4/1988 s 10(a), (b)\n\namended by 93/2013 s 7\n\n(d) deleted by 67/2024 s 13(1)\ns 62(1a)\ninserted by 4/1988 s 10(c)\n\namended by 67/2024 s 13(2)\ns 62(2)\namended by 4/1988 s 10(d), (e)\n\namended by 67/2024 s 13(3)—(6)\ns 62(3)\nsubstituted by 48/2009 s 20\n\ndeleted by 67/2024 s 13(7)\ns 62(4)\ninserted by 48/2009 s 20\n\ndeleted by 67/2024 s 13(7)\ns 63 before deletion by 31/2017\n\ns 63(a1)\ninserted by 93/2013 s 8(1)\ns 63(1)\nsubstituted by 4/1988 s 11\n\namended by 93/2013 s 8(2)\ns 63(2) and (3)\nsubstituted by 4/1988 s 11\ns 63(3a)\ninserted by 4/1988 s 11\ns 63(5)\ninserted by 48/2009 s 21\n\namended by 93/2013 s 8(3)\ns 63\ndeleted by 31/2017 s 10\ns 64\n\ns 64(1) and (3)\nPt 8 Div 3\n\ns 65\n\ns 65(1)\namended by 67/2024 s 14(1)—(3)\ns 65(2)\n\namended by 48/2009 s 22\ns 66 before substitution by 48/2009\n\ns 66(1)\namended by 4/1988 s 12\n\namended by 22/1997 s 12(a)\ns 66(2)\namended by 22/1997 s 12(b), (c)\ns 66(3)—(6)\ns 66\nsubstituted by 48/2009 s 23\ns 66(1)\nsubstituted by 31/2017 s 11(1)\ns 66(2)\namended by 20/2017 s 14(1)—(3)\n\namended by 31/2017 s 11(2)—(4)\n\namended by 67/2024 s 15(1), (2)\ns 66(3)\namended by 31/2017 s 11(5)\ns 66(4)\namended by 31/2017 s 11(6)\ns 66(5)\nsubstituted by 31/2017 s 11(7)\nPt 8 Div 4\n\ns 67\n\ns 67(1)\n\nsubstituted by 48/2009 s 24\ns 67(2)\nsubstituted by 48/2009 s 24\ns 67(4)\nPt 8 Div 5\n\ns 68\n\nsubstituted by 48/2013 s 17\nPt 9\n\nPt 9 Div 1\n\ns 69\n\ns 69(1)\ns 69(1a) and (1b)\ninserted by 67/2024 s 16\ns 69(2)\ns 69(3)\ndeleted by 4/1988 s 13\nPt 9 Div 1\n\ns 70\n\ns 70(2)\nsubstituted by 46/2019 s 8\n1.5.2020\nPt 9 Div 2\n\ns 71\n\ns 71(1)\n\namended by 67/2024 s 17(1), (2)\ns 71(1a)\ninserted by 67/2024 s 17(3)\ns 71(2)\namended by 4/1988 s 14\n\namended by 20/2017 s 15\n\namended by 67/2024 s 17(4)\ns 71(3) and (4)\ninserted by 48/2009 s 25\ns 72\n\ns 72(1) and (2)\ns 73\n\ns 73(2) and (4)\ns 74\n\ns 74(1)\namended by 4/1988 s 15(a)\n\namended by 48/2009 s 26(1)\n\namended by 67/2024 s 18(1)\ns 74(2)\nsubstituted by 4/1988 s 15(b)\n\namended by 48/2009 s 26(2)\n\nsubstituted by 67/2024 s 18(2)\ns 74(2a)\ninserted by 48/2009 s 26(3)\ns 74(3)\nsubstituted by 22/1997 s 13(a)\n\namended by 48/2009 s 26(4), (5)\ns 74(3a)\ninserted by 20/2017 s 16\n\namended by 67/2024 s 18(3)\ns 74(4)\namended by 4/1988 s 15(c) \n\nsubstituted by 22/1997 s 13(a)\n\namended by 48/2013 s 18(1)\ns 74(5)\ns 74(6)\nsubstituted by 22/1997 s 13(b)\ns 74(6a) and (6b)\ninserted by 48/2013 s 18(2)\ns 74(7)\ninserted by 48/2009 s 26(6)\ns 74(8)\ninserted by 67/2024 s 18(4)\ns 74A\ninserted by 48/2013 s 19\ns 74A(1)\nsubstituted by 67/2024 s 19(1)\ns 74A(1a)\ninserted by 67/2024 s 19(1)\ns 74A(2)\n\ndistribute\namended by 67/2024 s 19(2), (3)\ns 75\nPt 9 Div 3\n\ns 76\n\ns 76(1)\n\namended by 31/2017 s 12\ns 76(2) and (3)\nPt 9 Div 4\n\ns 77\n\ns 77(1)\ns 77(2)\nsubstituted by 22/1997 s 14\n\namended by 67/2024 s 20(1)\ns 77(2a)\ninserted by 67/2024 s 20(2)\ns 77(3)\nsubstituted by 4/1988 s 16\ns 77(3a)\ninserted by 4/1988 s 16\n\n(a)(ii) dashes designated as (a)(ii)(A) and (B) by 44/2003 s 3(1) (Sch 1)\ns 77(3b)\ninserted by 4/1988 s 16\ns 78\n\ns 78(1)—(3)\ns 79\n\ns 79(1)\n\namended by 67/2024 s 21\ns 79(2)\ns 80\n\ns 80(1)\n\namended by 48/2009 s 27(1)\ns 80(2)\ns 80(3)\n\namended by 20/2017 s 17\n\namended by 67/2024 s 22\ns 80(4)\ninserted by 48/2009 s 27(2)\ns 80A\ninserted by 22/1997 s 15\ns 80A(3)\nsubstituted by 20/2017 s 18\n\namended by 67/2024 s 23(1), (2)\ns 81 before substitution by 20/2017\n\ns 81(1) and (2)\ns 81\nsubstituted by 20/2017 s 19\nPt 9 Div 5\n\ns 82\n\ns 82(1)\n\namended by 48/2009 s 28(1)\ns 82(2)\namended by 4/1988 s 17(a)\n\namended by 48/2009 s 28(2)\n\namended by 20/2017 s 20(1), (2)\ns 82(3)\ns 82(4)\ns 82(4a)\ninserted by 48/2009 s 28(3)\ns 82(6)\ninserted by 4/1988 s 17(b)\n\namended by 22/1997 s 27 (Sch 1 cl 1)\ns 83\n\ns 83(2)\ns 83(4)\n\namended by 20/2017 s 21(1), (2)\ns 83(5)\namended by 22/1997 s 27 (Sch 1 cl 2(a)) (Sch 2)\ns 83(6)\namended by 22/1997 s 27 (Sch 1 cl 2(b)) (Sch 2)\n\namended by 20/2017 s 21(3)\ns 84\n\namended by 48/2009 s 29\n\namended by 20/2017 s 22\nPt 9 Div 5A\ninserted by 20/2017 s 23\ns 84B\n\ns 84B(1)\namended by 31/2017 s 13\nPt 9 Div 5B\ninserted by 67/2024 s 24\nPt 9 Div 6\n\ns 85\n\ns 85(1), (3) and (4)\ns 85(5)\namended by 4/1988 s 18(a)\n\namended by 48/2009 s 30(1), (2)\ns 85(6)\namended by 4/1988 s 18(b)\n\ns 85(7)\namended by 4/1988 s 18(c)\n\ns 85(8)\namended by 67/2024 s 25(1)\ns 85(9)\nsubstituted by 4/1988 s 18(d)\ns 85(10)\nsubstituted by 4/1988 s 18(e)\ns 85(11)\ninserted by 67/2024 s 25(2)\nPt 9 Div 7\n\ns 86\n\ns 86(1)\ns 86(2)\ns 87\n\ns 87(1)\n\namended by 48/2009 s 31(1), (2)\ns 87(2)\n\nsubstituted by 48/2009 s 31(3)\ns 88\n\ns 88(2)\nPt 10\n\nPt 10 Div 1\n\ns 89\n\ns 89(1) and (2)\ns 89(3)\ninserted by 48/2009 s 32\ns 90\n\ns 90(1) and (2)\ns 91\n\ns 91(1)\namended by 4/1988 s 19 \n\n(ia) deleted by 22/1997 s 16(a)\n\namended by 22/1997 ss 16(b), 27 (Sch 2)\n\nsubstituted by 48/2009 s 33(1)\n\namended by 20/2017 s 24\n\namended by 67/2024 s 26\ns 91(1a)\ninserted by 22/1997 s 16(c)\n\namended by 48/2009 s 33(2)\ns 91(1b)\ninserted by 22/1997 s 16(c)\ns 91(2)\n\nsubstituted by 48/2009 s 33(3)\nPt 10 Div 2\n\ns 92\n\ns 92(2)\n\namended by 20/2017 s 25\n\nsubstituted by 31/2017 s 14\ns 92(3)\n\namended by 20/2017 s 25\n\nsubstituted by 31/2017 s 14\ns 92(4)\n\ndeleted by 31/2017 s 14\ns 93\n\ns 93(2)—(5)\ns 94\n\ns 94(1)\n\namended by 48/2009 s 34(1)\n\n(c) deleted by 48/2013 s 20\n\namended by 31/2017 s 15(1)\ns 94(3)\n\namended by 31/2017 s 15(2)\ns 94(4)\namended by 31/2017 s 15(3), (4)\ns 94(4a)\ninserted by 48/2009 s 34(2)\n\nsubstituted by 31/2017 s 15(5)\ns 94(4b)\ninserted by 31/2017 s 15(5)\ns 94(5)—(7)\nPt 10 Div 3\n\ns 95\n\ns 95(1)\ns 95(2)\n\namended by 48/2009 s 35(1)\n\namended by 48/2013 s 21\n\namended by 67/2024 s 27\ns 95(3)\n\nsubstituted by 48/2009 s 35(2)\n\namended by 31/2017 s 16(1), (2)\ns 95(4)\n\namended by 48/2009 s 35(3)\ns 95(4a)\ninserted by 48/2009 s 35(4)\ns 95(5)\ns 95(6)\ns 95(7)\n\namended by 31/2017 s 16(3)\ns 95(7a)\ninserted by 31/2017 s 16(4)\ns 95(8) and (9)\ns 95(10)\n\namended by 31/2017 s 16(5)\ns 95(11)\n\namended by 31/2017 s 16(6)—(8)\ns 95(12)\ns 95(13)\n\namended by 41/1997 s 3(a)\ns 95(14)\ns 95(15)\n\nsubstituted by 41/1997 s 3(b)\n\namended by 31/2017 s 16(9)\ns 95(16)\nsubstituted by 41/1997 s 3(b)\n\namended by 31/2017 s 16(10)\ns 95(16a)\ninserted by 41/1997 s 3(b)\ns 95(17)\n\namended by 31/2017 s 16(11)\ns 95(18)—(24)\ns 95(25)\n\namended by 31/2017 s 16(12), (13)\ns 95(26)\ns 96\n\ns 96(1)\ns 96(2)\n\namended by 48/2013 s 22\n\namended by 67/2024 s 28\ns 96(3) and (4)\ns 96(5)\ns 96(6)\ns 96(9)—(11)\nPt 10 Div 3A\ninserted by 41/1997 s 4\ns 96D\n\ns 96D(2)\namended by 48/2009 s 36(1), (2)\nPt 10 Div 4\n\ns 97\n\ns 97(1)\ns 97(2)\nsubstituted by 4/1988 s 20\ns 97(2a)\ninserted by 4/1988 s 20\ns 97(4) and (5)\nPt 11\n\ns 98\n\ns 98(1) and (3)\ns 99\n\ns 99(1) and (2)\nPt 12\n\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 11(d))\n\nsubstituted by 14/2019 s 68\nPt 12 Div 1\n\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 11(d))\n\nsubstituted by 14/2019 s 69\ns 100\n\ns 100(1)\n\namended by 4/2000 s 9(1) (Sch 1 cl 11(e))\n\namended by 48/2013 s 23\n\namended by 14/2019 s 70(1)\ns 100(2)\n\namended by 4/2000 s 9(1) (Sch 1 cl 11(f))\n\namended by 14/2019 s 70(2)—(4)\ns 101\n\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 11(g))\ns 101(1)\namended by 14/2019 s 71(1), (2)\ns 101(2)\namended by 14/2019 s 71(3)\ns 101(3)\namended by 14/2019 s 71(4)—(10)\ns 101(4)\namended by 14/2019 s 71(11)\nPt 12 Div 2\n\ns 103\n\ns 103(1)\ns 104\n\ns 104(1) and (2)\ns 105\n\namended by 48/2009 s 37\ns 106\n\ns 106(1)\ns 107\n\ns 107(1) and (3)\ns 107(5) and (6)\ninserted by 48/2009 s 38\ns 107(7)\ninserted by 58/2016 s 4\ns 108\nPt 13\n\ns 109\n\ns 109(1)\nsubstituted by 22/1997 s 17\ns 110\nsubstituted by 22/1997 s 18\ns 111\namended by 22/1997 s 27 (Sch 1 cl 3) (Sch 2)\ns 112\nsubstituted by 22/1997 s 19\ns 112(1)\namended by 48/2009 s 39(1)—(3)\n\namended by 48/2013 s 24(1)\n\n(b) deleted by 67/2024 s 29(1)\ns 112(1a)\ninserted by 67/2024 s 29(2)\ns 112(3)\ninserted by 48/2013 s 24(2)\ns 112A\ninserted by 48/2009 s 40\n\nsubstituted by 48/2013 s 25\ns 112A(1a)\ninserted by 67/2024 s 30(1)\ns 112A(5a)\ninserted by 20/2017 s 26\ns 112A(6)\namended by 67/2024 s 30(2)\ns 112A(7a)\ninserted by 67/2024 s 30(3)\ns 112B\ninserted by 48/2009 s 40\ns 112B(1)\namended by 20/2017 s 27(1), (2)\ns 112B(1a)\ninserted by 20/2017 s 27(3)\ns 112B(2)\namended by 20/2017 s 27(4)\ns 112B(3)\namended by 20/2017 s 27(5)\ns 112B(4)\n\ndistribute\namended by 48/2013 s 26\ns 113\nsubstituted by 22/1997 s 19\ns 113(2)\namended by 48/2009 s 41\ns 114 before substitution by 48/2009\n\ns 114(1)\namended by 22/1997 s 27 (Sch 1 cl 4) (Sch 2)\ns 114\nsubstituted by 48/2009 s 42\ns 115\n\ns 115(1)\namended by 22/1997 s 27 (Sch 1 cl 5) (Sch 2)\n\namended by 48/2009 s 43\ns 115(2)\ns 115(2a) and (2b)\ninserted by 1/2024 s 2(1)\ns 115(3)\namended by 1/2024 s 2(2)\ns 115(4)\ninserted by 1/2024 s 2(3)\ns 115A\ninserted by 20/2017 s 28\ns 115A(a1)\ninserted by 67/2024 s 31(1)\ns 115A(1)\nsubstituted by 67/2024 s 31(2)\ns 115A(2)\n\ndesignated entity\ninserted by 67/2024 s 31(3)\nregulated content\ninserted by 67/2024 s 31(3)\nrelevant third party\namended by 67/2024 s 31(4)\nss 115B—115D\ninserted by 67/2024 s 32\ns 116\n\ns 116(1)\namended by 22/1997 s 27 (Sch 1 cl 6) (Sch 2)\n\namended by 48/2009 s 44(1)—(3)\n\namended by 48/2013 s 27(1), (2)\ns 116(1a)\ninserted by 67/2024 s 33\ns 116(2)\namended by 48/2009 s 44(4)—(7)\n\namended by 48/2013 s 27(3)—(5)\ns 116(3)\ninserted by 48/2009 s 44(8)\ns 116A\ninserted by 22/1997 s 20\n\n(b) deleted by 67/2024 s 34(1)\n\namended by 67/2024 s 34(2)\ns 117\n\ns 117(1)\namended by 22/1997 s 27 (Sch 1 cl 7) (Sch 2)\ns 117(2)\namended by 22/1997 s 27 (Sch 1 cl 7) (Sch 2)\n\ndeleted by 20/2017 s 29\ns 118\n\ns 118(1)\namended by 22/1997 s 27 (Sch 1 cl 8) (Sch 2)\ns 118(2)\ns 119\nsubstituted by 22/1997 s 21\n\nsubstituted by 67/2024 s 35\ns 119(2)\namended by 48/2009 s 45\ns 120\n\ns 120(1)\namended by 22/1997 s 27 (Sch 1 cl 9(a)) (Sch 2)\ns 120(2)\namended by 22/1997 s 27 (Sch 1 cl 9(b)) (Sch 2)\ns 121\n\ns 121(1) and (2)\namended by 22/1997 s 27 (Sch 1 cl 10(a)) (Sch 2)\ns 121(3)\namended by 22/1997 s 27 (Sch 1 cl 10(b)) (Sch 2)\ns 121(4) and (5)\namended by 22/1997 s 27 (Sch 1 cl 10(c)) (Sch 2)\ns 121(6)\ninserted by 4/1988 s 21\n\namended by 22/1997 s 27 (Sch 1 cl 10(c))\ns 122\n\ns 122(1)\namended by 22/1997 s 27 (Sch 1 cl 11) (Sch 2)\ns 123\n\ns 123(1)\namended by 22/1997 s 27 (Sch 1 cl 12) (Sch 2)\ns 124\n\ns 124(1)\namended by 22/1997 s 27 (Sch 1 cl 13(a)) (Sch 2)\ns 124(2a)\ninserted by 4/1988 s 22\n\namended by 22/1997 s 27 (Sch 1 cl 13(b))\ns 124(3) and (4)\namended by 22/1997 s 27 (Sch 1 cl 13(a)) (Sch 2)\ns 124(5)\namended by 22/1997 s 27 (Sch 1 cl 13(c)) (Sch 2)\ns 125\n\ns 125(1)\namended by 4/1988 s 23(a)\n\namended by 22/1997 s 27 (Sch 1 cl 14) (Sch 2)\ns 125(1a)—(1k)\ninserted by 1/2024 s 3(1)\ns 125(2)\n\namended by 1/2024 s 3(2), (3)\ns 125(3)\ninserted by 4/1988 s 23(b)\n\namended by 1/2024 s 3(4)\ns 125(4)\ninserted by 1/2024 s 3(5)\ns 126\n\ns 126(1)\nsubstituted by 22/1997 s 22\ns 126(2)\namended by 22/1997 s 27 (Sch 1 cl 15) (Sch 2)\n\namended by 48/2013 s 28\n\namended by 20/2017 s 30(1)\ns 126(3) and (4)\ninserted by 20/2017 s 30(2)\ns 127\nsubstituted by 22/1997 s 23\ns 128\namended by 22/1997 s 27 (Sch 1 cl 16) (Sch 2)\ns 129\n\ns 129(1)\namended by 22/1997 s 27 (Sch 1 cl 17) (Sch 2)\ns 129(2)\ns 129(3)\ns 129(4)\ns 130\n\ns 130(1)\namended by 22/1997 s 27 (Sch 1 cl 18) (Sch 2)\ns 130(2)\nsubstituted by 22/1997 s 24\ns 130(3)\nPt 13A\ninserted by 51/2013 s 4\nPt 13A Div 1\n\ns 130A\n\ns 130A(1)\n\nACNC registered entity\ninserted by 58/2024 s 9(1)\nadministrative expenditure\nsubstituted by 58/2024 s 9(2)\nassociated entity\namended by 58/2024 s 9(3)\ncapped expenditure period\namended by 20/2017 s 31(1)\ncredit card\ninserted by 58/2024 s 9(4)\ndesignated participant\ninserted by 58/2024 s 9(5)\ndesignated period\namended by 20/2017 s 31(2)\ndonation\ninserted by 58/2024 s 9(6)\nelectoral donation\ninserted by 58/2024 s 9(7)\nelectoral loan\ninserted by 58/2024 s 9(7)\nfederal account and federal purpose\ninserted by 58/2024 s 9(8)\nfinancial institution\ninserted by 58/2024 s 9(9)\ngift\ndeleted by 58/2024 s 9(10)\ngroup\ndeleted by 31/2017 s 17\nloan\nnominated entity\nnon party member\npolitical expenditure\namended by 28/2016 s 19\n\nsubstituted by 20/2017 s 31(3)\n\namended by 58/2024 s 9(12), (13)\nRegister of Nominated Entities\ninserted by 58/2024 s 9(14)\nState electoral purposes\ninserted by 58/2024 s 9(15)\nthird party\namended by 58/2024 s 9(16)\ns 130A(1a)\ninserted by 20/2017 s 31(4)\ns 130A(2)\namended by 58/2024 s 9(17)\ns 130A(5)\namended by 20/2017 s 31(5)\n\namended by 58/2024 s 9(17), (18)\ns 130A(5a)—(5e)\ninserted by 58/2024 s 9(19)\ns 130A(6)\namended by 20/2017 s 31(6)\ns 130A(6a)\ninserted by 20/2017 s 31(7)\ns 130A(7a) and (7b)\ninserted by 58/2024 s 9(20)\ns 130A(8)\namended by 58/2016 s 5\ns 130A(9)\ndeleted by 20/2017 s 31(8)\n\ninserted by 58/2024 s 9(21)\ns 130A(10)\ndeleted by 20/2017 s 31(8)\ns 130B\namended by 58/2024 s 10\ns 130C\nsubstituted by 20/2017 s 32\n\namended by 58/2024 s 11\nPt 13A Div 2\n\ns 130E\n\ns 130E(2)\namended by 58/2016 s 6(1)\ns 130E(4)\nsubstituted by 58/2016 s 6(2)\ns 130E(5)\namended by 58/2016 s 6(3)\ns 130F\n\ns 130F(1)\namended by 58/2024 s 12(1), (2)\ns 130F(3)\ninserted by 58/2024 s 12(3)\ns 130G\n\ns 130G(1)\namended by 67/2024 s 36\ns 130H\n\ns 130H(5)\nsubstituted by 58/2024 s 13\ns 130HA\ninserted by 58/2024 s 14\ns 130I\n\ns 130I(1)\namended by 58/2024 s 15(1)\ns 130I(2)\namended by 67/2024 s 37\ns 130I(3)\nsubstituted by 58/2024 s 15(2)\nPt 13A Div 2A\ninserted by 58/2024 s 16\nPt 13A Div 3\n\ns 130KA\ninserted by 58/2024 s 17\ns 130L\namended by 20/2017 s 33\n\nsubstituted by 58/2024 s 18\ns 130M before substitution by 58/2024\n\ns 130M(1a)\ninserted by 20/2017 s 34\ns 130M\nsubstituted by 58/2024 s 18\ns 130N\ndeleted by 58/2024 s 18\nPt 13A Div 4\n\ns 130P\n\ns 130P(1)\nsubstituted by 58/2024 s 19\ns 130P(2)\nsubstituted by 58/2024 s 19\nss 130PA—130PG\ninserted by 58/2024 s 20\ns 130Q before substitution by 58/2024\n\ns 130Q(1)\namended by 31/2017 s 18(1)\ns 130Q(2)\namended by 31/2017 s 18(2)\ns 130Q(5)\namended by 58/2016 s 7\ns 130Q\nsubstituted by 58/2024 s 21\ns 130R\n\ns 130R(1)\namended by 58/2024 s 22(1)\ns 130R(2)\namended by 58/2024 s 22(2)\ns 130R(3)\namended by 58/2024 s 22(3)\ns 130R(7)\namended by 58/2024 s 22(4), (5)\ns 130S\n\ns 130S(1)\namended by 58/2024 s 23\ns 130S(3)\namended by 58/2024 s 23\nPt 13A Div 5\n\nsubstituted by 58/2024 s 24\ns 130T\n\ns 130T(1)\n\nhalf yearly entitlement\nsubstituted by 58/2024 s 25(1)\ns 130T(3)\namended by 58/2024 s 25(2)\ns 130U\n\namended by 58/2024 s 26(1)\ns 130U(1)\namended by 58/2024 s 26(2), (3)\ns 130U(2)\namended by 58/2016 s 8(1), (2)\n\nsubstituted by 58/2024 s 26(4)\ns 130U(2a) and (2b)\ninserted by 58/2024 s 26(4)\ns 130U(3)\namended by 58/2016 s 8(3)\n\namended by 58/2024 s 26(5)\ns 130UA\ninserted by 58/2016 s 9\n\nexpired: s 130UA(5)—omitted under Legislation Revision and Publication Act 2002\n(31.8.2017)\n\ninserted by 58/2024 s 27\ns 130UB\ninserted by 58/2024 s 27\ns 130V\n\ns 130V(1)\namended by 58/2016 s 10(1), (2)\n\namended by 58/2024 s 28(1), (2)\ns 130W\nsubstituted by 58/2024 s 29\ns 130WA\ninserted by 58/2024 s 30\nPt 13A Div 5A\ninserted by 58/2024 s 31\nPt 13A Div 6\n\ns 130X\n\ns 130X(1)\n\nperson to whom this Division applies\namended by 58/2024 s 32(1), (2)\ns 130Y before deletion by 58/2024\n\ns 130Y(2)\namended by 20/2017 s 35\ns 130Y\ndeleted by 58/2024 s 33\ns 130Z\n\ns 130Z(1)\namended by 58/2016 s 11\n\namended by 20/2017 s 36(1)\n\namended by 58/2024 s 34(1)—(8)\ns 130Z(2)\namended by 58/2024 s 34(9), (10)\ns 130Z(2a)\ninserted by 20/2017 s 36(2)\ns 130Z(3)\namended by 20/2017 s 36(3)\ns 130Z(3a)\ninserted by 20/2017 s 36(4)\ns 130Z(3b) and (3c)\ninserted by 58/2024 s 34(11)\ns 130Z(5)\ninserted by 58/2024 s 34(12)\ns 130ZB\n\ns 130ZB(3)\n(a) deleted by 58/2024 s 35\ns 130ZBA\ninserted by 58/2024 s 36\ns 130ZC\nsubstituted by 58/2024 s 37\nPt 13A Div 6A\ninserted by 58/2024 s 38\nPt 13A Div 7\n\ns 130ZD\n\ndonation\ninserted by 58/2024 s 40\ns 130ZE\n\ns 130ZE(1)\ns 130ZE(2)\ns 130ZF\n\ns 130ZF(1)\namended by 58/2024 s 41(1)\ns 130ZF(2)\namended by 58/2024 s 41(2)\ns 130ZF(3)\nsubstituted by 58/2024 s 41(3)\ns 130ZF(4)\n\n(a) deleted by 58/2024 s 41(4)\n\namended by 58/2024 s 41(5)\ns 130ZF(5)\namended by 58/2016 s 12\n\namended by 58/2024 s 41(6), (7)\ns 130ZF(5a)\ninserted by 20/2017 s 37\n\namended by 58/2024 s 41(8)\ns 130ZF(6)\ninserted by 58/2024 s 41(9)\ns 130ZG\n\namended by 58/2024 s 42(1), (2)\ns 130ZG(1)\namended by 58/2024 s 39(1), (2)\n\namended by 58/2024 s 42(3)—(5)\ns 130ZG(2)\ndeleted by 58/2024 s 42(6)\ns 130ZG(3)\nsubstituted by 58/2024 s 42(7)\ns 130ZG(4)\n\namended by 58/2024 s 42(8)\ns 130ZG(5)\ndeleted by 58/2024 s 42(9)\ns 130ZG(7)\n\namended by 58/2024 s 42(10), (11)\ns 130ZG(8)\ninserted by 58/2024 s 42(12)\ns 130ZH\n\namended by 58/2024 s 43(1), (2)\ns 130ZH(1)\namended by 28/2016 s 20(1)\n\nsubstituted by 58/2024 s 43(3)\ns 130ZH(2)\n\namended by 58/2024 s 43(4)\ns 130ZH(3)\nsubstituted by 58/2024 s 43(5)\ns 130ZH(4)\namended by 28/2016 s 20(2)\n\ndeleted by 58/2024 s 43(5)\ns 130ZH(6)\n\namended by 58/2024 s 43(4)\ns 130ZH(7)\n(a) deleted by 28/2016 s 20(3)\n\namended by 28/2016 s 20(4)\n\namended by 58/2024 s 43(6), (7)\ns 130ZH(8)\n\namended by 58/2024 s 43(4), (8)\ns 130ZH(9)\ninserted by 58/2024 s 43(9)\ns 130ZHA\ninserted by 58/2024 s 44\ns 130ZI\ndeleted by 58/2024 s 45\ns 130ZJ\n\ns 130ZJ(1)\nsubstituted by 58/2024 s 46(1)\ns 130ZJ(2)\nsubstituted by 58/2024 s 46(1)\ns 130ZJ(2a)\ninserted by 58/2024 s 46(1)\ns 130ZJ(3)\n\namended by 58/2024 s 46(2)\ns 130ZJ(4)\namended by 58/2024 s 46(3)\ns 130ZJ(5)\namended by 58/2024 s 46(4)\ns 130ZJ(6)\n\namended by 58/2024 s 46(5)\ns 130ZJ(7)\ninserted by 58/2024 s 46(6)\ns 130ZK\n\ns 130ZK(1)\namended by 58/2024 s 47(1), (2)\ns 130ZK(2)\ndeleted by 58/2024 s 47(3)\ns 130ZK(4)\namended by 58/2024 s 47(4), (5)\ns 130ZK(5)\namended by 58/2024 s 47(4), (6)\ns 130ZK(6)\nsubstituted by 58/2024 s 47(7)\ns 130ZK(7) and (8)\ndeleted by 58/2024 s 47(8)\ns 130ZL\ndeleted by 58/2024 s 48\nPt 13A Div 8\n\ns 130ZM\n\namount\namended by 58/2024 s 49\ns 130ZN\n\ns 130ZN(1)\namended by 58/2016 s 13(1)\ns 130ZN(2)\namended by 58/2016 s 13(2)—(5)\n\namended by 58/2024 s 50(1)—(4)\ns 130ZN(2a)\ninserted by 58/2024 s 50(5)\ns 130ZN(3)\nsubstituted by 58/2016 s 13(6)\n\namended by 58/2024 s 50(6)\ns 130ZN(4)\namended by 58/2024 s 50(7)\ns 130ZN(5)\ninserted by 58/2024 s 50(8)\ns 130ZO\n\ns 130ZO(1)\namended by 58/2016 s 14(1)—(5)\n\namended by 58/2024 s 51(1)—(5)\ns 130ZO(1a)\ninserted by 58/2024 s 51(6)\ns 130ZO(3)\namended by 58/2016 s 14(6)\ns 130ZO(5a)\ninserted by 58/2024 s 51(7)\ns 130ZO(6)\nsubstituted by 58/2016 s 14(7)\ns 130ZO(7)\namended by 58/2024 s 51(8)\ns 130ZO(8)\ninserted by 58/2024 s 51(9)\ns 130ZP\n\ns 130ZP(1)\namended by 58/2016 s 15(1)—(5)\n\nsubstituted by 58/2024 s 52(1)\ns 130ZP(2)\nsubstituted by 58/2016 s 15(6)\n\namended by 58/2024 s 52(2)\n\n(a)(iii)(C) deleted by 58/2024 s 52(2)\ns 130ZP(3)\namended by 58/2024 s 52(3)\ns 130ZP(4)\namended by 58/2016 s 15(7)\ns 130ZP(5)\ninserted by 58/2024 s 52(4)\ns 130ZQ\n\ns 130ZQ(1)\namended by 58/2024 s 53\ns 130ZR\n\ns 130ZR(1)\namended by 58/2024 s 54\ns 130ZS\n\namended by 58/2024 s 55(1)\ns 130ZS(1)\namended by 58/2024 s 55(2)—(4)\ns 130ZS(2)\nsubstituted by 58/2024 s 55(5)\ns 130ZS(4)\nsubstituted by 58/2024 s 55(6)\ns 130ZS(5)\ninserted by 58/2024 s 55(6)\ns 130ZU before insertion of Pt 13A Div 8A\ndeleted by 31/2017 s 19\nPt 13A Div 8A\ninserted by 58/2024 s 56\nPt 13A Div 9\n\ns 130ZV\n\ns 130ZV(1)\namended by 58/2016 s 16(1), (2)\n\namended by 58/2024 s 57(1)\ns 130ZV(2)\namended by 58/2016 s 16(3)\n\n(a) and (b) deleted by 58/2016 s 16(4)\ns 130ZV(2a) and (2b)\ninserted by 58/2016 s 16(5)\ns 130ZV(3)\namended by 58/2024 s 57(2)\ns 130ZV(3a)\ninserted by 58/2024 s 57(3)\nss 130ZWA and 130ZWB\ninserted by 58/2024 s 58\ns 130ZZ\namended by 58/2024 s 59\ns 130ZZB\n\ns 130ZZB(1)\n\ndesignated entity\ninserted by 58/2024 s 60(1)\ns 130ZZB(3) and (4)\nsubstituted by 58/2024 s 60(2)\ns 130ZZB(5)\namended by 58/2024 s 60(3)\ns 130ZZB(14)\namended by 58/2024 s 60(4)\ns 130ZZB(15)\namended by 58/2024 s 60(5)\ns 130ZZE\n\ns 130ZZE(a1)—(a4)\ninserted by 58/2024 s 61(1)\ns 130ZZE(6a) and (6b)\ninserted by 58/2024 s 61(2)\ns 130ZZE(8a)\ninserted by 58/2024 s 61(3)\ns 130ZZE(9)\ninserted by 58/2016 s 17\ns 130ZZE(10)\ninserted by 58/2024 s 61(4)\ns 130ZZF\namended by 58/2016 s 18\ns 130ZZH\ninserted by 31/2017 s 20\ns 130ZZH(2)\namended by 58/2024 s 62(1), (2)\nPt 14\n\ns 131\n\ns 131(1)\ns 131(2)\ns 132\nsubstituted by 22/1997 s 25\ns 133\ns 135\ns 137\ns 139\n\ns 139(2)\namended by 22/1997 ss 26, 27 (Sch 2)\n\nsubstituted by 41/1997 s 5\n\nsubstituted by 93/2013 s 9\n\nsubstituted by 51/2013 s 5\n\namended by 58/2024 s 63(1)—(3)\nTransitional etc provisions associated with Act or amendments\nElectoral (Miscellaneous) Amendment Act 2009, Sch 1 Pt 2—Transitional provisions\n3—Interpretation\nIn this Schedule—\nprincipal Act means the Electoral Act 1985;\nrelevant day means the day on which sections 9 to 15 of this Act come into operation.\n4—Transitional provisions\n\t(1)\tThe amendments effected to Part 6 of the principal Act by this Act will apply from 6 months after the relevant day with respect to a political party registered under that Part immediately before the relevant day.\n\t(2)\tA political party registered under Part 6 of the principal Act immediately before the relevant day is not required to furnish a return under section 43A of the principal Act (as enacted by this Act) until 30 September 2011.\n\t(3)\tAn application for the registration of an eligible political party (not being a parliamentary party) made but not finally determined before the amendment of Part 6 of the principal Act must comply with the requirements of that Part as amended by this Act, but the Electoral Commissioner must allow the applicant a reasonable opportunity to amend the application in order to comply with those requirements.\n\t(4)\tThe registration of an elector under paragraph (b)(iii) of section 74(3) of the principal Act is not affected by the amendment of that paragraph by this Act.\nElectoral (Miscellaneous) Amendment Act 2017, Sch 1 Pt 2—Transitional provision\n2—Political expenditure on electoral matter\nSection 130A(6a) of the Electoral Act 1985 (as inserted by this Act) applies to political expenditure on electoral matter incurred on or after 1 May 2017 (but does not apply to political expenditure on electoral matter incurred before that date).\nStatutes Amendment (SACAT) Act 2019, Pt 9\n72—Transitional provisions\n\t(1)\tA right of appeal to the District Court under Part 12 Division 1 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\nprincipal Act means the Electoral Act 1985;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nElectoral (Accountability and Integrity) Amendment Act 2024, Pt 2\n64—Review\n\t(1)\tThe Special Minister of State must cause a comprehensive review of the operation and impact of the amendments to the Electoral Act 1985 made by this Act, including the effectiveness of the amendments in achieving transparency, accountability, integrity and public confidence in the electoral process and its participants, to be conducted and a report on the review to be submitted to the Minister.\n\t(2)\tThe review must be conducted by 3 or more persons appointed by the Minister.\n\t(3)\tThe Minister must be satisfied that each person appointed to conduct the review has knowledge or experience in all of the following areas:\n\t(a)\tcommunity advocacy and engagement;\n\t(b)\tlegal and regulatory compliance;\n\t(c)\tcontemporary issues relating to electoral funding.\n\t(4)\tThe Minister must not appoint a person under subsection (2) if the person is—\n\t(a)\ta current employee or executive of a registered political party; or\n\t(b)\ta current Electoral Commissioner or a member of the Electoral Commissioner's staff; or\n\t(c)\ta current or former member of the Parliament of South Australia.\n\t(5)\tThe Minister must appoint the persons to conduct the review before 1 January 2027 and the review and report must be completed and submitted to the Minister within 9 months after that date.\n\t(6)\tThe Minister must cause a copy of the report submitted under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n\t(7)\tThe Special Minister of State must, within 6 sitting days of the expiration of 6 months after receiving the report under this section, cause a report to be laid before both Houses of Parliament setting out, in relation to each recommendation in the report—\n\t(a)\tdetails of any action taken or proposed to be taken in consequence of the recommendation; or\n\t(b)\tif no action has been taken or is proposed to be taken in consequence of the recommendation—giving reasons for not taking action or proposing to take action.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—28.8.1997\n\nReprint No 3—1.6.2000\n\nReprint No 4—24.11.2003\n\n9.6.2017 (electronic only)\n\n1.5.2020\n\n","sortOrder":33}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"name":"Electoral Act 1985","slug":"electoral-act-1985","title_id":"electoral-act-1985","version_id":31934,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete in-force South Australian Act governing state parliamentary elections. 14 Parts plus transitional provisions."},"complexity_factors":["Dual-House electoral system with both Legislative Council and House of Assembly elections governed by distinct counting and voting rules","Complex election funding and disclosure regime in Part 13A with multiple definitions and obligations","Multiple voting methods (in-person, declaration voting, electronically assisted, telecommunications) with different procedures","Registration regime for political parties with ongoing compliance obligations","Compulsory voting regime with enforcement provisions"],"plain_english_summary":"The Electoral Act 1985 (SA) is South Australia's principal statute governing the conduct of parliamentary elections for both Houses of the South Australian Parliament. It establishes the administrative framework, enrolment system, electoral district structure, voting procedures, and offence provisions for state elections.\n\nThe Act creates the Electoral Commissioner and Deputy Electoral Commissioner (Part 2) as the independent administrators of the electoral system. Part 3 establishes electoral districts and their subdivisions, the role of district returning officers, and designated polling places. Part 4 governs the electoral rolls, including how rolls are maintained, the information they must contain (including address suppression for at-risk individuals), joint Commonwealth-State arrangements for roll management, and the power to require information from electors.\n\nPart 5 deals with enrolment entitlements and the requirement for compulsory enrolment and transfer. Part 6 governs the registration of political parties, including application procedures, changes to the register, audit requirements by the Electoral Commissioner, and de-registration. Part 7 covers writs for elections and the timeline for their issue.\n\nParts 8 and 9 deal with preparations for an election and voting respectively. The voting provisions include entitlement to vote, methods of voting (including declaration voting by post, electronically assisted voting for sight-impaired electors, and telecommunications technology voting), and compulsory voting requirements (s. 85). Part 10 covers the scrutiny and counting of votes, and Part 11 deals with the return of writs.\n\nPart 13 contains offence provisions including bribery (s. 109 — up to seven years imprisonment), undue influence (s. 110 — up to seven years imprisonment), interference with political liberty (s. 111 — up to one year imprisonment), and requirements for electoral advertising to display the name and address of the authoriser. Part 13A is a detailed regime for election funding, expenditure, and disclosure applicable to political parties, candidates, and third parties."},"kimi_summary":{"_metrics":{"completionTokens":824},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 1985 scope. The original Act focused on basic electoral administration (rolls, voting, counting). Major expansions include: Part 13A (election funding/expenditure/disclosure) added comprehensive public funding, spending caps, and donation regulation; Division 5A (policy development funding); Division 6A (detailed donation/loan prohibitions and caps); Division 5B (telecommunications voting); and recent amendments for AI-generated content (sections 115B-115D). The funding and disclosure regime now constitutes approximately 40% of the Act's bulk."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., Part 13A funding rules reference definitions in multiple other sections)","Nested conditional logic throughout (e.g., section 130P has 4 tiers of funding rates depending on party status and vote thresholds)","47+ defined terms in section 130A alone, with many more scattered through the Act","Multiple overlapping caps and thresholds (expenditure caps, donation caps, loan caps) that interact in complex ways","Temporal conditions that change rules (e.g., 'capped expenditure period', 'designated period', 'prohibited period')","Exception to exception structures (e.g., donations prohibited except to regulated designated participants, except during prohibited periods, except if...)","Mathematical formulas for calculating funding entitlements and deductible amounts (sections 130P, 130Q, 130PA-130PC)","Computer-assisted voting and counting provisions with manual override conditions","Federal-state interaction provisions requiring coordination with Commonwealth Electoral Act"],"plain_english_summary":"**What this Act does:**\n\nThis is South Australia's main law for running state elections. It covers everything from enrolling to vote, through to counting ballots and declaring winners.\n\n**Key things it sets up:**\n\n- **The Electoral Commissioner** — an independent official who runs elections, keeps electoral rolls, and makes sure everything is fair\n- **Electoral rolls** — lists of who can vote, kept up-to-date with help from Commonwealth (federal) records\n- **Compulsory voting** — if you're enrolled, you must vote or explain why you didn't\n- **How to vote** — preferential voting for the House of Assembly (lower house) and Legislative Council (upper house), with options for people who can't get to polling booths\n\n**Who can run for office:**\n\n- Candidates need to be nominated, pay a deposit, and meet basic qualifications\n- Political parties can register if they have enough members or sitting MPs\n- There are rules about what parties can be called and how they operate\n\n**Money in elections:**\n\n- **Public funding** — parties and candidates get money based on votes received\n- **Spending caps** — limits on how much can be spent during election campaigns\n- **Donation rules** — strict limits on who can donate and how much (currently $5,000 per person per year to most recipients; foreign donations banned)\n- **Disclosure** — donations over certain amounts must be publicly reported\n\n**Modern additions:**\n\n- Rules for electronic voting assistance for sight-impaired voters\n- Telecommunications voting for people who need assistance\n- Recent bans on deepfake/AI-generated electoral material\n- Restrictions on automated political phone calls\n\n**Why it matters:**\n\nThis Act tries to balance making voting accessible with keeping elections fair and transparent. The funding and donation rules aim to reduce the influence of wealthy donors, while the public funding helps smaller parties and independents compete.\n\n**Who it affects:**\n\nEvery South Australian voter, anyone wanting to run for Parliament, political parties, and anyone wanting to donate to or spend money on state election campaigns."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"Originally enacted in 1985 to regulate the conduct of parliamentary elections, the Act has been significantly expanded. The most dramatic change is the addition of Part 13A (in 2013 and heavily amended since), which introduced comprehensive election funding, expenditure caps, donation bans and limits, and disclosure requirements. This transformed the Act from a procedural electoral law into a major regulatory framework for political finance. Other scope increases include provisions on electronically assisted voting, telecommunications voting, bans on certain artificially generated electoral advertisements, and more detailed rules on political party registration and third-party regulation."},"complexity_factors":["Very long: over 200 sections and multiple parts, with Part 13A alone containing dozens of sections on funding and disclosure.","Extensive use of defined terms: more than 60 definitions in section 4 alone, and additional definitions in Part 13A.","Complex conditional logic: e.g., multiple tiers of entitlements to public funding depending on party status and electoral performance, with indexed amounts and formulas for deduction.","Cross-references within the Act and to other legislation (e.g., Commonwealth Electoral Act, Constitution Act).","Nested exceptions and exemptions (e.g., in Part 13A, exemptions for federal accounts, complex rules for nominated entities, and prohibitions with defences).","Detailed procedural rules for voting, scrutiny, and recounts, especially for the Legislative Council (single transferable vote with group voting squares).","Multiple offence provisions with varying penalties, and defences that require proof of due diligence or honest mistake.","Regulation-making powers that allow further complexity to be added.","Historical amendments that have layered new rules over old, creating a dense and interconnected text."],"plain_english_summary":"This Act sets out the rules for running state parliamentary elections in South Australia. It covers who can vote, how people get on the electoral roll, how political parties register, how candidates nominate, how voting works (including postal and pre-poll voting), how votes are counted, and how disputes about election results are resolved. It also includes a large section on election funding—capping how much parties and candidates can spend, limiting who can donate to them and how much, and providing public funding for campaigns and administrative costs. Additionally, it bans certain types of political advertising (like deepfakes) and requires transparency about who pays for political ads. The Act applies to voters, candidates, political parties, and anyone spending money to influence an election. It matters because it shapes how fair and transparent elections are, and affects the ability of new or small parties and independent candidates to compete."}},"importantCases":[],"_links":{"self":"/api/acts/electoral-act-1985","history":"/api/acts/electoral-act-1985/history","analysis":"/api/acts/electoral-act-1985/analysis","conflicts":"/api/acts/electoral-act-1985/conflicts","importantCases":"/api/acts/electoral-act-1985/important-cases","documents":"/api/acts/electoral-act-1985/documents"}}