{"id":"a-1992-71","name":"Electoral Act 1992","slug":"electoral-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"71 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23453,"registerId":"act-a-1992-71-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"On 15 February 1992 a referendum was held to enable the electors of","content":"1 On 15 February 1992 a referendum was held to enable the electors of\nthe Territory to choose which of 2 voting systems is to be used at\nfuture elections for the Legislative Assembly.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"The electors chose the proportional representation (Hare-Clark)","content":"2 The electors chose the proportional representation (Hare-Clark)\nsystem as outlined in the Referendum Options Description Sheet set\nout in the Australian Capital Territory (Electoral) Act 1988 (Cwlth),\nschedule 3.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"The electoral system chosen by the electors includes the system of","content":"3 The electoral system chosen by the electors includes the system of\nrotation of the positions of candidates’ names on ballot papers known\nas the Robson Rotation.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"The Legislative Assembly wishes to enact legislation to implement","content":"4 The Legislative Assembly wishes to enact legislation to implement\nthe electoral system chosen by the electors as soon as it is convenient\nto do so.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\nfollows:\n\nPreliminary Part 1\n1 Name of Act\nThis Act is the Electoral Act 1992.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act\nor in other legislation.\nFor example, the signpost definition ‘electoral matter—see section 4\n(Meaning of electoral matter).’ means that the expression ‘electoral\nmatter’ is defined in that section and the definition applies to the entire\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act 2001, s 155 and s 156 (1)).\n\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 143 (Soliciting applications for postal declaration votes)\n• s 222G (Ban on gifts from property developers etc—$250 or more)\n• s 222I (Ban on acceptance of gifts from property developers etc—\n$250 or more)\n• s 222O (Ban on gifts given by or on behalf of foreign entities—$250\nor more)\n• s 222Q (Ban on acceptance of gifts given by or on behalf of foreign\nentities—$250 or more)\n• s 236 (Offences)\n• s 292 (Dissemination of unauthorised electoral matter)\n• s 296 (Advertorials)\n• s 297A (Misleading electoral advertising)\n• s 315A (Ballot papers—photographs)\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Objects of Act","content":"3B Objects of Act\nThe main objects of this Act include the following:\n(a) to recognise, promote and protect the right and opportunity of\nevery elector to—\n(i) take part in the conduct of public affairs, directly or\nthrough freely chosen representatives; and\n\nPreliminary Part 1\n(ii) vote, and be elected, at periodic elections that guarantee the\nfree expression of the will of the electors; and\n(iii) have access, on general terms of equality, for appointment\nto public office;\n(b) to promote public awareness of the electoral system and its role\nin supporting participation in the political process;\n(c) to enhance equality of opportunity for participation in the\npolitical process;\n(d) to establish, and promote compliance with, a fair and transparent\nelectoral funding, expenditure and financial disclosure scheme;\n(e) to help prevent corruption and undue influence in institutions of\ngovernment and public administration in the Territory;\n(f) to provide for the effective administration of public funding of\nelections, recognising the importance of the appropriate use of\npublic revenue for that purpose;\n(g) to establish an independent electoral commission, made up of\nindependent officers of the Legislative Assembly, with\nfunctions that include—\n(i) promoting the objects of this Act; and\n(ii) administering this Act; and\n(iii) conducting elections.\n4 Meaning of electoral matter\n(1) In this Act, electoral matter is matter, in printed or electronic form,\nthat is intended or likely to affect voting at an election.\n(2) Without limiting subsection (1), matter is taken to be intended or\nlikely to affect voting at an election if it contains an express or\nimplicit reference to, or comment on—\n(a) the election; or\n\n(b) the performance of the Government or Opposition, or a previous\nGovernment or Opposition; or\n(c) the performance of an MLA or former MLA; or\n(d) the performance of a political party, candidate or group of\ncandidates in the election; or\n(e) an issue submitted to, or otherwise before, the electors in\nrelation to the election.\n(3) However, a publication of the Assembly (including a committee of\nthe Assembly) is not electoral matter.\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Meaning of available for public inspection","content":"4A Meaning of available for public inspection\nIf a provision of this Act requires the commissioner to make a\ndocument, a copy of a document or a register available for public\ninspection, the commissioner must make the document, a copy or\nregister available for inspection by members of the public at the\ncommissioner’s office during ordinary business hours.\n\nEstablishment and independence of electoral commission Division 2.1\nPart 2 Australian Capital Territory\nElectoral Commission\nDivision 2.1 Establishment and independence of\nelectoral commission\n5 Establishment\nThe Australian Capital Territory Electoral Commission is\nestablished.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Constitution of commission","content":"6 Constitution of commission\nThe electoral commission consists of—\n(a) the chairperson; and\n(b) the commissioner; and\n(c) 1 other member.\n","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Officer of the Legislative Assembly","content":"6A Officer of the Legislative Assembly\n(1) A member of the electoral commission is an independent officer of\nthe Legislative Assembly.\n(2) The functions, powers, rights, immunities and obligations of the\nmember of the electoral commission are as stated in this Act and any\nother law in force in the ACT.\nNote A law in force in the ACT includes a territory law and a Commonwealth\nlaw.\n(3) There are no implied functions, powers, rights, immunities or\nobligations arising from the member of the electoral commission\nbeing an independent officer of the Legislative Assembly.\n(4) The powers of the Legislative Assembly to act in relation to the\nmember of the electoral commission are as stated in this Act and any\nother law in force in the ACT.\n\n(5) In subsection (4):\nLegislative Assembly includes—\n(a) the members of the Legislative Assembly; and\n(b) the committees of the Legislative Assembly.\n(6) There are no implied powers of the Legislative Assembly arising\nfrom the member of the electoral commission being an independent\nofficer of the Legislative Assembly.\n","sortOrder":8},{"sectionNumber":"6B","sectionType":"section","heading":"Independence of member of the electoral commission","content":"6B Independence of member of the electoral commission\nSubject to this Act and to other territory laws, a member of the\nelectoral commission has complete discretion in the exercise of the\nmember’s functions.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Functions of electoral commission","content":"7 Functions of electoral commission\n(1) The electoral commission has the following functions:\n(a) to advise the Assembly on matters relating to elections;\n(b) to consider, and report to the Assembly on, matters relating to\nelections referred to it by the Assembly;\n(c) to promote public awareness of matters relating to elections and\nthe Assembly by conducting education and information\nprograms and by any other means it chooses;\n(d) to provide information and advice on matters relating to\nelections to—\n(i) the Assembly; and\n(ii) the Executive; and\n(iii) the head of service; and\n\nFunctions of electoral commission Division 2.2\n(iv) directors-general; and\n(v) statutory office-holders; and\n(vi) territory authorities; and\n(vii) territory instrumentalities; and\n(viii) political parties; and\n(ix) MLAs; and\n(x) candidates at elections;\n(e) to conduct and promote research into matters relating to\nelections or other matters relating to its functions;\n(f) to publish material on matters relating to its functions;\n(g) to provide, on payment of the determined fee (if any), goods and\nservices to persons or organisations, to the extent that it is able\nto do so by using information or material in its possession or\nexpertise acquired in the exercise of its functions;\n(h) to conduct ballots for prescribed persons and organisations;\n(i) to exercise any other function given to it under this Act or\nanother territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).\n(2) The commission may exercise any of its functions under\nsubsection (1) (a) to (f) in conjunction with the Australian Electoral\nCommission.\nelection includes a referendum and any other ballot.\n\n","sortOrder":10},{"sectionNumber":"10A","sectionType":"section","heading":"Special reports by electoral commission","content":"10A Special reports by electoral commission\n(1) The electoral commission may give to the Speaker a report on\nanything relating to elections, referendums or other ballots.\n(2) If the Speaker receives a report that is expressed to be given to the\nSpeaker under subsection (1), the Speaker must present a copy of the\nreport to the Legislative Assembly on the next sitting day after the\nday the Speaker receives it.\n(3) The Minister must present a written response to the report to the\nLegislative Assembly within 3 months after the day the report was\npresented to the Legislative Assembly.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Functions of commissioner etc","content":"11 Functions of commissioner etc\n(1) The commissioner is the chief executive officer of the electoral\n(2) The commissioner has the functions given to the commissioner under\nthis Act or another territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act 2001, s 196 and dict, pt 1, def of entity).\n(3) The commissioner may give written directions to officers and\nmembers of the staff of the electoral commission in relation to the\nexercise of their functions under this Act or another territory law.\n\nAppointment of members of electoral commission Division 2.4\n","sortOrder":12},{"sectionNumber":"Div 2","sectionType":"division","heading":"4 Appointment of members of electoral","content":"Division 2.4 Appointment of members of electoral\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appointment","content":"12 Appointment\n(1) The Speaker must, on behalf of the Territory, appoint the members of\nthe electoral commission.\n(2) The appointment must be made—\n(a) in consultation with the Chief Minister; and\n(b) in consultation with the Leader of the Opposition; and\n(c) in consultation with the leader (however described) of a\nregistered party (other than the party to which the Chief Minister\nor Leader of the Opposition belongs) if at least 2 members of the\nLegislative Assembly are members of the party; and\n(d) in accordance with an open and accountable selection process.\n(3) The Speaker must not appoint a person as a member of the electoral\ncommission unless—\n(a) the Speaker is satisfied that the person has extensive knowledge\nof, and experience in—\n(i) for the commissioner—\n(A) electoral systems or management; or\n(B) public administration; or\n(ii) for a member other than the commissioner—\n(A) an area mentioned in subparagraph (i); or\n(B) another area that is relevant to and consistent with the\nfunctions of a member of the electoral commission;\nand\n\n(b) the relevant Assembly committee agrees to the person’s\nappointment.\n(4) A member of the electoral commission is appointed on the terms (if\nany) in relation to matters not provided for by this part or a\ndetermination under the Remuneration Tribunal Act 1995 that are\nprescribed by the management standards under the Public Sector\nManagement Act 1994.\n(5) The appointment is a disallowable instrument.\n","sortOrder":14},{"sectionNumber":"12A","sectionType":"section","heading":"Acting appointment—commissioner","content":"12A Acting appointment—commissioner\n(1) Before the Speaker appoints a person to act as the commissioner, the\nSpeaker must consult with the chair of the relevant Assembly\ncommittee about the proposed appointment.\n(2) However, for a period of leave of absence approved by the Speaker\nunder section 18E, the commissioner may appoint a person to act as\ncommissioner after consulting with the Speaker.\n","sortOrder":15},{"sectionNumber":"12B","sectionType":"section","heading":"Eligibility for appointment as electoral commission","content":"12B Eligibility for appointment as electoral commission\nmember\nThe Speaker must not appoint a person as a member of the electoral\ncommission if the person—\n(a) is or has, in the 10 years immediately before the day of the\nproposed appointment, been a member of—\n(i) the Legislative Assembly; or\n(ii) the Parliament of the Commonwealth; or\n(iii) the legislature of a State; or\n(b) is or has, in the 5 years immediately before the day of the\nproposed appointment, been a member of—\n(i) a registered party; or\n\nAppointment of members of electoral commission Division 2.4\n(ii) a political party registered under a law of the\nCommonwealth or a State; or\n(iii) a political party.\n","sortOrder":16},{"sectionNumber":"12C","sectionType":"section","heading":"Eligibility for appointment as chairperson","content":"12C Eligibility for appointment as chairperson\n(1) The Speaker may appoint a person as the chairperson of the electoral\ncommission only if the person—\n(a) is or has been a judge; or\n(b) has been a justice of the High Court; or\n(c) has been the head of service; or\n(d) has been a director-general of an administrative unit; or\n(e) has been a chief executive officer (however described) of a\nterritory instrumentality; or\n(f) has been a statutory office-holder; or\n(g) has been a Commonwealth agency head; or\n(h) has been a member of—\n(i) the electoral commission; or\n(ii) an authority of the Commonwealth or a State that the\nSpeaker is satisfied corresponds to the electoral\ncommission; or\n(i) is a person who—\n(i) is a lawyer; and\n(ii) has been a lawyer for at least 5 years; and\n(iii) the Speaker is satisfied has held a senior position in the\nlegal profession; or\n\n(j) is a person who the Speaker is satisfied—\n(i) has held, for at least 5 years, a senior position—\n(A) as an academic; or\n(B) in business; or\n(C) in a profession; and\n(ii) has the knowledge and experience to exercise the functions\nof chairperson.\nCommonwealth agency head means an agency head under the Public\nService Act 1999 (Cwlth), section 7 (Interpretation).\nNote The Public Service Act 1999 (Cwlth), s 7, defines agency head as—\n(a) the secretary of a department; or\n(b) the head of an executive agency; or\n(c) the head of a statutory agency.\njudge means—\n(a) a judge of the Supreme Court; or\n(b) a judge of the Supreme Court of a State; or\n(c) a judge of the Federal Court or Family Court.\n(3) In this section, a reference to a person who was a director-general of\nan administrative unit includes a reference to someone who was a\nchief executive of an administrative unit.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Term of appointment","content":"13 Term of appointment\nA member of the electoral commission must be appointed for not\nlonger than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\nDivision 2.5 Other provisions applying to electoral\ncommission members\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Oath or affirmation of office","content":"14 Oath or affirmation of office\nBefore a person is appointed as a member of the electoral\ncommission, the person must take an oath of office, or make an\naffirmation of office, before the Speaker.\nNote For the form of the oath and affirmation of office, see the Oaths and\nAffirmations Act 1984, s 6 and sch 1.\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Disclosure of interests—generally","content":"15 Disclosure of interests—generally\nA member of the electoral commission must give a written statement\nof the member’s personal and financial interests to the Speaker within\n7 days after—\n(a) the day the member is appointed; and\n(b) the first day of each financial year; and\n(c) the day there is a change in the interest.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Electoral commission member must not do inconsistent","content":"16 Electoral commission member must not do inconsistent\nwork etc\nA member of the electoral commission must not—\n(a) have paid employment that is inconsistent with the member’s\nfunctions; or\n\n(b) engage in any unpaid activity that is inconsistent with the\nmember’s functions.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Resignation","content":"17 Resignation\nA member of the electoral commission may resign by giving a signed\nnotice of resignation to the Speaker.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Retirement","content":"18 Retirement\n(1) The Speaker may retire a member of the electoral commission on the\nground of physical or mental incapacity if—\n(a) the incapacity substantially affects the exercise of the member’s\nfunctions; and\n(b) the member consents to the retirement.\n(2) However, a member of the electoral commission must not be retired\non the ground of invalidity unless—\n(a) if the member of the electoral commission is an eligible\nemployee for the Superannuation Act 1976 (Cwlth)—\n(i) the member is under the member’s maximum retiring age\nwithin the meaning of that Act; and\nSuperannuation Board of Trustees No 2 under that Act,\nsection 54C for the member; or\n(b) if the member of the electoral commission is a member of the\nsuperannuation scheme established under the Superannuation\nAct 1990 (Cwlth)—\n(i) the member is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 13 for the member; or\n\n(c) if the member of the electoral commission is an ordinary\nemployer-sponsored member of PSSAP within the meaning of\nthe Superannuation Act 2005 (Cwlth)—\n(i) the member is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 43 for the member.\ninvalidity means—\n(a) for an eligible employee for the Superannuation Act 1976\n(Cwlth)—invalidity under that Act; or\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—invalidity under that\nAct; or\n(c) for an ordinary employer-sponsored member of PSSAP within\nthe meaning of the Superannuation Act 2005 (Cwlth)—\ninvalidity under that Act.\nphysical or mental incapacity includes invalidity.\n","sortOrder":23},{"sectionNumber":"18A","sectionType":"section","heading":"Suspension—generally","content":"18A Suspension—generally\n(1) The Speaker may suspend a member of the electoral commission on\nthe ground of—\n(a) misbehaviour; or\n(b) physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote Power given by a law to make a decision includes power to reverse or\nchange the decision. The power to reverse or change the decision is\nexercisable in the same way, and subject to the same conditions, as the\npower to make the decision (see Legislation Act, s 180).\n\n(2) If the Speaker is considering suspending the member, the Speaker\nmay ask 1 or more of the following for advice about the proposed\nsuspension:\n(a) the public sector standards commissioner;\n(b) anyone else the Speaker considers appropriate.\n(3) If the Speaker suspends the member, the Speaker must give the\nmember written notice of the suspension and a copy of a statement of\nthe reasons for the suspension.\n(4) The suspension takes effect when the notice and statement are given\nto the member under subsection (3).\n(5) The member may be suspended only under this section.\n(6) The member is entitled to be paid salary and allowances while\nsuspended.\n","sortOrder":24},{"sectionNumber":"18B","sectionType":"section","heading":"Suspension—relevant Assembly committee notice and","content":"18B Suspension—relevant Assembly committee notice and\nmeetings\n(1) If the Speaker suspends a member of the electoral commission, the\nSpeaker must give written notice of the suspension and a copy of the\nstatement of the reasons for the suspension to each member of the\nrelevant Assembly committee not later than the next business day, or\nif the committee has not been established, the next business day after\nthe day the committee is established.\n(2) The relevant Assembly committee must meet in relation to the\nmember’s suspension—\n(a) not later than 3 business days after the day the committee is\ngiven written notice of the suspension (the notice day); and\n(b) at subsequent intervals of not longer than 30 days while the\nmember is suspended (a regular meeting).\n\n(3) The relevant Assembly committee must give the member of the\nelectoral commission written notice that a regular meeting will be\nheld at least 3 business days before the day the meeting is to be held.\n(4) The member of the electoral commission may make an oral or written\nsubmission (or both) to the committee about the member’s\nsuspension.\n(5) At each regular meeting, the relevant Assembly committee must\nreview the member’s suspension and may at any time pass a\nresolution about the suspension, including a resolution—\n(a) recommending to the Speaker that the Speaker end the\nsuspension; or\n(b) to make a statement to the Legislative Assembly recommending\nthat the Speaker end the member’s appointment.\n","sortOrder":25},{"sectionNumber":"18C","sectionType":"section","heading":"Suspension—ending suspension","content":"18C Suspension—ending suspension\n(1) If the Speaker does not comply with section 18B (1), the suspension\nends at the end of the notice day.\n(2) If the relevant Assembly committee fails to hold a meeting as required\nunder section 18B (2), the suspension ends on the day after the last\nday when the meeting could have been held.\n(3) If the relevant Assembly committee makes a recommendation\nmentioned in section 18B (5) (a) and the Speaker does not end the\nsuspension within 1 business day after the day the recommendation\nis made—\n(a) the committee may at any time resolve to make a statement to\nthe Legislative Assembly recommending that the suspension be\nended; and\n\n(b) if the committee makes a statement mentioned in paragraph (a)\nand—\n(i) the Legislative Assembly resolves to end the suspension—\nthe suspension ends on the passing of the resolution; or\n(ii) the Legislative Assembly does not deal with the statement\nwithin 3 sitting days—the suspension ends at the end of the\n3rd sitting day.\n(4) If the relevant Assembly committee makes a statement mentioned in\nsection 18B (5) (b)—\n(a) the Legislative Assembly may resolve to require the Speaker to\nend the member’s appointment; but\n(b) if the Legislative Assembly does not, within 3 sitting days, pass\na resolution mentioned in paragraph (a)—the suspension ends at\nthe end of the 3rd sitting day.\n(5) If the Speaker ends the member’s suspension, the Speaker must give\nwritten notice of the ending of the suspension and a copy of a\nstatement of the reasons for ending the suspension to the member and\nthe relevant Assembly committee.\nnotice day—see section 18B (2) (a).\n","sortOrder":26},{"sectionNumber":"18D","sectionType":"section","heading":"Ending of appointment","content":"18D Ending of appointment\n(1) The Speaker must end the appointment of a member of the electoral\ncommission if—\n(a) the Legislative Assembly—\n(i) passes a resolution under section 18C (4) (a); or\n\n(ii) otherwise resolves to require the Speaker to end the\nmember’s appointment—\n(A) for misbehaviour; or\n(B) for physical or mental incapacity, if the incapacity\nsubstantially affects the exercise of the member’s\nfunctions; or\n(b) the member becomes bankrupt or personally insolvent.\n(2) For a resolution mentioned in subsection (1) (a) (ii)—\n(a) at least 7 days before the day the motion to which the resolution\nrelates is first debated in the Legislative Assembly—\n(i) the Assembly must be given the notice of the motion and a\nstatement of reasons for the motion; and\n(ii) the Speaker must—\n(A) give the member a copy of the notice and the\nstatement of reasons; and\n(B) tell the member that a written submission about the\nmotion may be made to the Speaker not later than\n3 days after the day the member is given the notice;\nand\n(b) the Speaker must give any written submission to the Legislative\nAssembly before the day the motion is first debated in the\nLegislative Assembly.\n(3) The Speaker may end a member’s appointment if—\n(a) the member contravenes section 21 (Disclosure of interests—\nmeetings) without reasonable excuse; or\n(b) for the commissioner—the commissioner is absent from duty,\nexcept on leave granted by the Speaker, for 14 consecutive days\nor for 28 days in any 12 months; or\n\n(c) for a member other than the commissioner—the member is\nabsent, except on leave granted by the Speaker, from\n3 consecutive meetings of the electoral commission.\n(4) The member’s appointment may be ended by the Speaker only under\nthis section or section 18 (Retirement).\n","sortOrder":27},{"sectionNumber":"18E","sectionType":"section","heading":"Leave of absence","content":"18E Leave of absence\nThe Speaker may approve leave of absence for a member of the\nelectoral commission on the terms the Speaker decides.\n","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Procedure","content":"19 Procedure\n(1) The chairperson may call a meeting of the electoral commission.\n(2) The chairperson shall call the meetings of the electoral commission\nnecessary for the efficient conduct of its functions.\n(3) At a meeting, 2 members constitute a quorum.\n(4) The chairperson shall preside at all meetings at which the chairperson\nis present.\n(5) If the chairperson is not present at a meeting, the commissioner shall\npreside.\n(6) Questions arising at a meeting shall be determined by a majority of\nthe votes of the members present and voting.\n(7) The member presiding at a meeting has a deliberative vote, and in the\nevent of an equality of votes, has a casting vote.\n(8) If—\n(a) only 2 members are present at a meeting; and\n\nElectoral commission meetings Division 2.6\n(b) those members differ in opinion on a matter, other than a matter\nbecause of which the third member is absent because of section\n21;\nthe determination of the matter shall be postponed until the next\nmeeting.\n(9) The electoral commission may regulate the conduct of proceedings at\nits meetings as it considers appropriate.\n(10) The electoral commission may inform itself on any matter in the way\nit considers appropriate.\n","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Disclosure of interests—meetings","content":"21 Disclosure of interests—meetings\n(1) A member who has a direct or indirect pecuniary interest in a matter\nbeing considered or about to be considered by the electoral\ncommission shall, as soon as possible after the relevant facts have\ncome to the member’s knowledge, disclose the nature of the interest\nat a meeting of the electoral commission.\n(2) The disclosure shall be recorded in the minutes of the meeting and,\nunless the electoral commission determines otherwise, the member\nshall not—\nin relation to the matter; or\nto the matter.\n(3) The member shall not—\nfor the purpose of considering whether to make a determination\nunder subsection (2) in relation to that member; or\n(b) take part in the making by the electoral commission of such a\ndetermination.\n\n(4) A member is not to be taken to have an interest in a matter only\nbecause the member is entitled to vote in a general election of\nmembers of the Legislative Assembly.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Commissioner’s staff","content":"31 Commissioner’s staff\n(1) The commissioner may employ staff on behalf of the Territory.\n(2) The commissioner’s staff (other than staff mentioned in\nsection 32 (1) (a)) must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the\ncommissioner in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Temporary staff and consultants","content":"32 Temporary staff and consultants\n(1) The commissioner may, on behalf of the Territory—\n(a) employ temporary staff; or\n(b) engage consultants;\nfor this Act.\n(2) Temporary staff shall be employed on terms and conditions\ndetermined from time to time by the electoral commission.\n(3) Consultants shall be engaged on terms and conditions determined\nfrom time to time by the electoral commission.\n(4) Nothing in this section in relation to the engagement of consultants is\nto be taken to give the commissioner or the commission a power to\nenter into a contract of employment.\n\nStaff of electoral commissioner etc Division 2.7\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Officers","content":"33 Officers\n(1) The commissioner may appoint an adult to be an officer for this Act,\nor any other Act under which the commissioner exercises a function.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act 2001, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act 2001, s 7 (3)) and an appointment may be made\nby naming a person or nominating the occupant of a position (see s 207).\n(2) The officers so appointed include, but are not limited to, the following\nofficers:\n(a) the officer in charge of a polling place;\n(b) the officer in charge of a scrutiny centre;\n(c) an officer for the purposes of a poll or the scrutiny at an election.\n(3) A candidate is not entitled to be appointed as an officer, and an officer\nvacates office if they become a candidate.\n(4) The commissioner has all the powers of an officer and, in the exercise\nof such a power, is subject to the same obligations as an officer and,\nfor this Act, shall be taken to be an officer.\n(5) Subject to the directions of the OIC, an officer at a polling place or\nscrutiny centre may exercise any of the powers of the OIC and in so\ndoing shall, for this Act, be taken to be the OIC.\n","sortOrder":33},{"sectionNumber":"33A","sectionType":"section","heading":"Staff not subject to direction from others","content":"33A Staff not subject to direction from others\n(1) The commissioner’s staff are not subject to direction from anyone\nother than the following people in relation to the exercise of the\ncommissioner’s functions:\n(a) the commissioner;\n(b) another member of the commissioner’s staff authorised by the\ncommissioner to give directions.\n\nstaff means—\n(a) staff mentioned in section 31 (1) and section 32 (1) (a); and\n(b) a consultant mentioned in section 32 (1) (b); and\n(c) an officer mentioned in section 33.\n","sortOrder":34},{"sectionNumber":"33B","sectionType":"section","heading":"Delegation by electoral commission","content":"33B Delegation by electoral commission\n(1) The electoral commission may delegate the commission’s functions\nunder this Act or another territory law to—\n(a) the commissioner; or\n(b) an officer or a member of the commissioner’s staff.\n(2) However, the electoral commission must not delegate its functions\nunder part 4 (Electorates) or part 15 (Review of decisions).\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act 2001, pt 19.4.\n","sortOrder":35},{"sectionNumber":"33C","sectionType":"section","heading":"Delegation by commissioner","content":"33C Delegation by commissioner\n(1) The commissioner may delegate the commissioner’s functions under\nthis Act or another territory law to an officer or a member of the\ncommissioner’s staff.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act 2001, pt 19.4.\n(2) However, the commissioner must not delegate the commissioner’s\nfunctions under part 4 (Electorates).\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Multimember electorates","content":"34 Multimember electorates\n(1) The ACT must be divided into 5 electorates.\n(2) Five members of the Legislative Assembly must be elected from each\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Redistribution of electorates","content":"35 Redistribution of electorates\n(1) Subject to this part, the augmented commission shall redistribute\nelectorates by determining—\n(a) the name and boundaries of each electorate; and\n(b) the number of members of the Legislative Assembly to be\nelected from each electorate.\n(2) A determination may be made only after any investigation under\nsection 52 (Objections to augmented electoral commission’s\nproposal) is finished.\n(3) A determination is a notifiable instrument.\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Factors relevant to redistribution","content":"36 Factors relevant to redistribution\nIn making a redistribution of electorates, the augmented commission\nshall—\n(a) ensure that the number of electors in an electorate immediately\nafter the redistribution is within the range permitted by the\nAustralian Capital Territory (Self-Government) Act 1988\n(Cwlth), section 67D (2); and\n\n(b) endeavour to ensure, as far as practicable, that the number of\nelectors in an electorate at the time of the next general election\nof members of the Legislative Assembly will not be greater than\n105%, or less than 95%, of the expected quota for the electorate\nat that time ascertained in accordance with the formula set out\nin the Australian Capital Territory (Self-Government) Act 1988\n(Cwlth), section 67D (1); and\n(c) duly consider—\n(i) the community of interests within each proposed\nelectorate, including economic, social and regional\ninterests; and\n(ii) the means of communication and travel within each\nproposed electorate; and\n(iii) the physical features and area of each proposed electorate;\nand\n(iv) the boundaries of existing electorates; and\n(v) the boundaries of divisions and sections fixed under the\nDistricts Act 2002.\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Timing of redistributions","content":"37 Timing of redistributions\n(1) After each ordinary election, a redistribution process shall, subject to\nsection 38—\n(a) begin as soon as practicable after the beginning of the period of\n2 years ending on the end of the 3rd Saturday in October in the\nyear when the next ordinary election is due to be held; and\n(b) be completed as soon as practicable.\n(2) For subsection (1), a redistribution process—\n(a) begins when a redistribution committee is formed for the\npurposes of a redistribution; and\n\n(b) ends when the redistribution of electorates is determined under\nsection 35.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Suspension of redistribution process—extraordinary","content":"38 Suspension of redistribution process—extraordinary\nelections\nredistribution process—see section 37.\n(2) If the election period for an extraordinary election begins during a\nredistribution process, no further action shall be taken under this Act\nin relation to the redistribution until after the election period.\n(3) If, in relation to a proposed redistribution, a notice under this part\ninvited a response (however described) to be made within a particular\nperiod and that period had not ended when the election period for an\nextraordinary election begins—\n(a) a further such notice shall be given as soon as practicable after\nthe election period; and\n(b) this Act applies in relation to any response made in accordance\nwith the firstmentioned notice as if it had been made in\naccordance with the further notice.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Redistribution committees","content":"39 Redistribution committees\n(1) The electoral commission must establish redistribution committees\nfor this part.\n(2) The establishment of a redistribution committee is a notifiable\ninstrument.\n(3) A redistribution committee shall consist of—\n(a) the commissioner; and\n(b) the territory planning authority; and\n(c) the surveyor-general; and\n\n(d) a person appointed by the electoral commission whose\nqualifications or experience would, in the opinion of the\nelectoral commission, enable the person to assist the committee,\nparticularly in relation to the factors set out in section 36.\nNote For the making of appointments, see Legislation Act 2001, pt 19.3.\n(4) The member mentioned in subsection (3) (d) holds the position on the\nconditions that are decided by the electoral commission and stated in\nthe member’s appointment.\n(5) The surveyor-general is not subject to direction from anyone (other\nthan the electoral commissioner, for the efficient functioning of the\nredistribution committee) in the exercise of the surveyor-general’s\nfunctions as a member of the committee.\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Meetings of redistribution committee","content":"40 Meetings of redistribution committee\n(1) The commissioner may call a meeting of a redistribution committee.\n(2) The commissioner shall preside at all meetings at which the\ncommissioner is present.\n(3) If the commissioner is absent from a meeting, the members present\nshall elect 1 of their number to preside.\n(4) At a meeting, 3 members constitute a quorum.\n(5) Questions shall be determined by a majority of the votes of the\nmembers present and voting.\n(6) The member presiding at a meeting has a deliberative vote and, in the\nevent of an equality of votes, has a casting vote.\n(7) A redistribution committee may regulate the conduct of proceedings\nat its meetings as it considers appropriate.\n(8) A redistribution committee may inform itself in the way it considers\nappropriate, including the opening of its meetings to members of the\npublic.\n\n(9) The electoral commission shall, on request by a redistribution\ncommittee, give the committee the information and assistance it\nrequires for this part.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Suggestions and comments about redistribution","content":"41 Suggestions and comments about redistribution\n(1) A redistribution committee must prepare a written notice stating—\n(a) that written suggestions about the redistribution of electorates\nmay be given to it within 28 days after the day the notice is\nnotified under the Legislation Act 2001; and\n(b) that written comments about the suggestions may be given to it\nwithin 14 days after the last day suggestions may be given to it;\nand\n(c) each place where suggestions may be inspected by members of\nthe public.\n(2) The notice is a notifiable instrument.\n(3) The redistribution committee must give additional public notice of\nthe notice mentioned in subsection (1).\n(4) The redistribution committee must ensure that copies of any\nsuggestions given to it in accordance with the notice are available for\ninspection by members of the public in accordance with the notice.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Outline of proposal","content":"42 Outline of proposal\nBefore making a proposed redistribution of electorates, a\nredistribution committee may cause an outline of its proposal to be\nmade available to members of the public.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Proposed redistribution","content":"43 Proposed redistribution\n(1) A redistribution committee must make a proposed redistribution of\nelectorates after considering the suggestions and comments (if any)\ngiven to it in accordance with the notice under section 41\n(Suggestions and comments about redistribution).\n(2) Section 36 applies in relation to the making of the proposed\nredistribution as if it were a redistribution by the augmented\n(3) The committee shall state the reasons for its proposal in writing.\n(4) A member of the committee who disagrees with its proposal may state\nthe reasons for the disagreement in writing.\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Notification and publication of proposal","content":"44 Notification and publication of proposal\n(1) A redistribution committee must—\n(a) exhibit a map or maps showing the name and boundaries of each\nproposed electorate at the electoral commission’s office; and\n(b) make a copy of the following available for public inspection:\n(i) the suggestions and comments given to the committee in\naccordance with the notice under section 41 (Suggestions\nand comments about redistribution); and\n(ii) a description (whether by reference to a map or plan or\notherwise) of the boundaries of each proposed electorate;\nand\n(iii) a statement of the number of members of the Legislative\nAssembly that it proposes should be elected from each\nproposed electorate; and\n(iv) its statement of reasons for the proposed redistribution; and\n\n(v) if a member of the committee has provided a written\nstatement or reasons for any disagreement with the\nproposal—that statement; and\n(c) prepare a written notice—\n(i) telling the public about the exhibition mentioned in\nparagraph (a) and the availability for public inspection at\nthe electoral commission’s office of the copies of the\ndocuments mentioned in paragraph (b); and\n(ii) stating that written objections against the proposal may be\ngiven to the electoral commission within 28 days after the\nday the notice is notified under the Legislation Act 2001.\n(2) The notice is a notifiable instrument.\n(3) The redistribution committee must give additional public notice of—\n(a) the maps mentioned in subsection (1) (a); and\n(b) the notice mentioned in subsection (1) (c).\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Dissolution of redistribution committee","content":"45 Dissolution of redistribution committee\nA redistribution committee is dissolved immediately after the notice\nand maps mentioned in section 44 (1) (Notification and publication\nof proposal) have been notified and published under section 44 in\nrelation to the committee’s proposal.\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Objections","content":"46 Objections\n(1) An objection against a proposal by a redistribution committee must\nbe—\n(a) in writing; and\n\n(b) given to the electoral commission within 28 days after the day\nthe notice mentioned in section 44 (1) (Notification and\npublication of proposal) is notified under the Legislation\nAct 2001 in relation to the committee’s proposal.\n(2) The commissioner must make a copy of each objection made under\nthis section available for public inspection.\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Augmented electoral commission","content":"47 Augmented electoral commission\n(1) For the purposes of each redistribution, an augmented electoral\ncommission is established.\n(2) An augmented commission shall consist of—\n(a) the members of the electoral commission; and\n(b) the members (other than the commissioner) of the redistribution\ncommittee formed for the purposes of the redistribution.\n(3) The surveyor-general is not subject to direction from anyone (other\nthan the electoral commissioner, for the efficient functioning of the\naugmented commission) in the exercise of the surveyor-general’s\nfunctions as a member of the augmented commission.\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Meetings of augmented electoral commission","content":"48 Meetings of augmented electoral commission\n(1) The chairperson of the electoral commission may call a meeting of an\naugmented commission.\n(2) The chairperson of the electoral commission shall preside at all\nmeetings of an augmented commission at which the chairperson is\npresent.\n(3) If the chairperson of the electoral commission is absent from a\nmeeting of an augmented commission—\n(a) the commissioner shall preside; or\n(b) if the commissioner is absent from the meeting—the members\npresent shall appoint 1 of their number to preside.\n\n(4) At a meeting, 4 members constitute a quorum.\n(5) Subject to subsection (6), questions shall be determined by a majority\nof the votes of the members present and voting.\n(6) An augmented commission shall not redistribute electorates under\nsection 35 unless not less than 4 members of the augmented\ncommission, of whom not less than 2 are members of the electoral\ncommission, vote in favour of the redistribution.\n(7) Subject to subsection (8), the member presiding at a meeting has a\ndeliberative vote and, in the event of an equality of votes, has a\ncasting vote.\n(8) The casting vote of the member presiding at a meeting shall not be\nused to vote in favour of the making of a redistribution under\nsection 35.\n(9) An augmented commission may regulate the conduct of proceedings\nat its meetings as it considers appropriate.\n(10) Subject to section 49, an augmented commission may inform itself in\nany way it considers appropriate.\n(11) The electoral commission shall, on request by an augmented\ncommission, give the augmented commission the information and\nassistance it requires for this part.\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Investigation of objections","content":"49 Investigation of objections\n(1) The augmented commission shall investigate each objection made in\naccordance with section 46.\n(2) For the purpose of investigating an objection, the augmented\ncommission shall hold a public hearing, unless it is of the opinion\n(a) the matters raised in the objection (or substantially the same\nmatters) were raised in suggestions or comments given to the\nredistribution committee in accordance with the notice under\n\nsection 41 (1) (Suggestions and comments about redistribution);\nor\n(b) the objection is frivolous or vexatious.\n(3) The augmented commission may hold 1 public hearing in relation to\nseveral objections.\n(4) At a public hearing, submissions to the augmented commission may\nonly be made—\n(a) by or on behalf of a person who made—\n(i) an objection in accordance with section 46; or\n(ii) a suggestion or comment about the proposed redistribution\ngiven to the redistribution committee in accordance with\nthe notice under section 41 (1); or\n(b) by a person making a submission in relation to an objection.\n(5) The augmented commission shall consider all such submissions.\n(6) At a public hearing, the augmented commission is not bound by the\nrules of evidence and, subject to this section, may regulate the\nconduct of proceedings as it considers appropriate.\n(7) Without limiting subsection (6), the following matters are within the\ndiscretion of the augmented commission:\n(a) the manner in which, and the time within which, submissions\nmay be made;\n(b) the extent to which the augmented commission may be\naddressed, and the persons by whom it may be addressed.\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Redistribution—proposal by augmented electoral","content":"50 Redistribution—proposal by augmented electoral\nThe augmented commission shall make a proposed redistribution of\nelectorates after completing any investigation required by section 49.\n\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Publication of augmented electoral commission’s","content":"51 Publication of augmented electoral commission’s\nproposal\n(1) After making a proposed redistribution of electorates, the augmented\ncommission shall cause a public announcement to be made\nconcerning the proposal.\n(2) The public announcement shall include a statement—\n(a) setting out the substance of the augmented commission’s\nfindings or conclusions about the redistribution committee’s\nproposal and any objection to it; and\n(b) setting out particulars of the augmented commission’s proposal;\nand\n(c) whether, in the augmented commission’s opinion, its proposal is\nsignificantly different from the redistribution committee’s\nproposal and, if so, a further statement to the effect that written\nobjections against the proposal may be given to the electoral\ncommission in accordance with the notice prepared under\nsubsection (3).\n(3) If the augmented commission is of the opinion that its proposal is\nsignificantly different from the redistribution committee’s proposal,\nthe augmented commission must prepare a written notice stating that\nwritten objections against the proposal may be given to the electoral\ncommission within 28 days after the day the notice is notified under\nthe Legislation Act 2001.\n(4) The notice is a notifiable instrument.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Objections to augmented electoral commission’s","content":"52 Objections to augmented electoral commission’s\nproposal\n(1) An objection against a redistribution proposed by the augmented\ncommission must be—\n(a) in writing; and\n\n(b) given to the electoral commission within 28 days after the day\nthe notice under section 51 (3) (Publication of augmented\nelectoral commission’s proposal) is notified under the\nLegislation Act 2001.\n(2) If an objection is given to the electoral commission in accordance\nwith subsection (1)—\n(a) the augmented commission must investigate the objection; and\n(b) section 49 (Investigation of objections) applies as if the\ninvestigation were an objection under that section.\n(3) The commissioner must make a copy of each objection made under\nthis section available for public inspection.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Report by augmented electoral commission and public","content":"53 Report by augmented electoral commission and public\nannouncement\n(1) After redistributing electorates under section 35, the augmented\ncommission shall cause—\n(a) a report about the redistribution to be submitted to the Speaker;\nand\n(b) copies of the report to be made available for perusal by members\nof the public at the office of the electoral commission; and\n(c) a public announcement to be made to the effect that the\nredistribution has been made and that copies of the report are\navailable for perusal by members of the public at the office of\nthe electoral commission.\n(2) The report shall contain particulars of—\n(a) any suggestions or comments lodged with the redistribution\ncommittee; and\n\n(b) the redistribution proposed by the redistribution committee and\nits reasons for the proposal; and\n(c) if a member of the redistribution committee has provided a\nwritten statement of reasons for any disagreement with the\ncommittee’s proposal—that statement; and\n(d) any objections lodged with the electoral commission against the\nredistribution committee’s proposal; and\n(e) the result of the investigation of any objections against the\nredistribution committee’s proposal (including particulars of the\nproceedings at any public hearings in the course of an\ninvestigation); and\n(f) the redistribution proposed by the augmented commission and\nits reasons for the proposal; and\n(g) any objections lodged with the electoral commission against the\naugmented commission’s proposal; and\n(h) the result of the investigation of any objections against the\naugmented commission’s proposal (including particulars of the\nproceedings at any public hearings in the course of an\ninvestigation); and\n(i) the redistribution made by the augmented commission and its\nreasons for the redistribution; and\n(j) if a member of the augmented commission has provided a\nwritten statement of reasons for any disagreement with the\naugmented commission’s proposal—that statement.\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Report to Legislative Assembly","content":"54 Report to Legislative Assembly\nThe Speaker shall present a copy of the augmented commission’s\nreport to the Legislative Assembly on the first sitting day after the day\nwhen the Speaker receives the report from the augmented\n\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Decisions are final","content":"55 Decisions are final\n(1) A decision of an augmented commission or a redistribution\ncommittee made, or purporting to be made, under this part—\n(a) is final; and\n(b) shall not be challenged, appealed against, reviewed, quashed, set\naside or called into question in any court or tribunal on any\nground; and\n(c) is not subject to any proceeding for a prerogative order,\ninjunction, declaration or other order in any court on any ground.\ndecision includes a failure to make a decision.\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Validity not affected","content":"56 Validity not affected\nA failure to comply with the provisions of this part (except section 34,\n35 or 36) is not to be taken to affect the validity of a decision of an\naugmented commission or a redistribution committee.\n\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Rolls of ACT electors and electorates","content":"57 Rolls of ACT electors and electorates\n(1) The commissioner shall keep a roll of the electors of the ACT\nconsisting of separate rolls of the electors of each electorate.\n(2) A roll may be kept electronically.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Contents of roll","content":"58 Contents of roll\n(1) A roll shall contain the following particulars in relation to each\nelector:\n(a) surname or family name;\n(b) each given name;\n(c) address;\n(d) sex;\n(e) date of birth.\n(2) A roll may contain the following particulars in relation to each\nelector:\n(a) occupation;\n(b) any former surname;\n(c) any previous address;\n(d) postal address, if not the same as the address of the principal\nplace of residence;\n(e) the further particulars (if any) prescribed under the regulations.\n\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Meaning of extract from roll","content":"59 Meaning of extract from roll\nIn this Act:\nextract from a roll means the part of the roll that contains, for each\nelector enrolled at the time the extract is prepared—\n(a) the elector’s surname or family name; and\n(b) each given name of the elector; and\n(c) the elector’s address, unless the elector is—\n(i) an elector whose address is suppressed; or\n(ii) an eligible overseas elector; or\n(iii) an Antarctic elector; or\n(iv) an elector who is enrolled because of the elector’s\nenrolment on the Commonwealth roll as an itinerant\nelector; or\n(d) if the elector’s address is included under paragraph (c)—\n(i) the electorate that the address is in (the current electorate);\nor\n(ii) if the address will be in an electorate other than the current\nelectorate at the next election because of a determination\nunder section 35 (Redistribution of electorates)—that\nNote A roll extract in electronic form is a disk, tape or other device from which\nthe information in the extract may be reproduced by mechanical,\nelectronic or other means (see dict, def of electronic form).\n\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Inspection of printed roll extracts","content":"60 Inspection of printed roll extracts\n(1) The commissioner—\n(a) shall, at the office of the commissioner; and\n(b) may, at any other places the commissioner determines;\nmake a printed extract from each roll available for public inspection\nduring ordinary office hours.\n(2) A right of inspection under subsection (1) shall not be taken to give\nany right to copy, take an extract from, or scan electronically, an\nextract from a roll.\n(3) For subsection (1), the commissioner shall prepare an extract of each\nroll at least once each calendar year.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Supply of printed roll extracts to MLAs etc","content":"61 Supply of printed roll extracts to MLAs etc\n(1) At least once each calendar year, the commissioner shall, on\nrequest—\n(a) give 2 printed extracts from the roll for an electorate to each\nMLA for the electorate; and\n(b) give 2 printed extracts from the roll for each electorate to the\nregistered officer of each registered party.\n(2) The commissioner shall, on request, supply a printed extract from a\nroll to a person who the commissioner is satisfied requires the extract\nfor an approved purpose within the meaning of section 63.\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Supply of roll extracts in electronic form to MLAs etc","content":"62 Supply of roll extracts in electronic form to MLAs etc\n(1) The commissioner shall, on request, so far as practicable, give a roll\nextract in electronic form to—\n(a) an MLA; or\n(b) the registered officer of a registered party.\n\n(2) The commissioner shall, on request, supply a roll extract in electronic\nform, or on microfiche, to a person who the commissioner is satisfied\nrequires the extract for an approved purpose within the meaning of\nsection 63.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Use of roll extracts","content":"63 Use of roll extracts\napproved purpose means any of the following:\n(a) for an MLA—the exercise of the MLA’s functions;\n(b) for the registered officer of a registered party—for the purpose\nof an MLA who is a member of the party exercising that MLA’s\nfunctions;\n(c) for an MLA or the registered officer of a registered party—\n(i) a purpose connected with an election; or\n(ii) monitoring the accuracy of information in the roll;\n(d) for anyone—a purpose prescribed under the regulations.\nprotected information, in relation to a person, means information that\nthe person knows, or has reasonable grounds for believing, was\nobtained from a roll extract given to the person or someone else under\nsection 61 (Supply of printed roll extracts to MLAs etc) or section 62\n(Supply of roll extracts in electronic form to MLAs etc).\n(2) A person must not, without reasonable excuse, use protected\ninformation for—\n(a) a commercial purpose; or\n\n(b) any other purpose, other than an approved purpose.\n(3) A person must not, without reasonable excuse, directly or indirectly\ndivulge or communicate protected information to someone else for a\npurpose other than an approved purpose.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Provision of roll information to prescribed authorities","content":"65 Provision of roll information to prescribed authorities\n(1) The commissioner may give a copy of a roll or information contained\non a roll to a prescribed authority if the commissioner is satisfied that\nthe authority requires the copy or information for a prescribed\npurpose.\n(2) A person shall not use information obtained under subsection (1)\nexcept in accordance with the regulations.\n(3) For the Juries Act 1967, the commissioner shall, on request by the\nsheriff, give the sheriff a copy of the roll of electors of the ACT.\n(4) A copy of a roll, or information, may be given to a person under\nsubsection (1) or (3) in printed or electronic form or on microfiche.\n(5) A copy of a roll, or information, provided under subsection (1) or (3)\nshall not include—\n(a) in relation to a person whose address is a suppressed address—\nany particulars other than the name of the person; or\n(b) the address of an eligible overseas elector; or\n(c) the address of an Antarctic elector.\n\n(6) The regulations may provide for how a prescribed authority may deal\nwith information, or information obtained from a copy of a roll,\nprovided under subsection (1).\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Maintenance of rolls","content":"66 Maintenance of rolls\n(1) The commissioner shall, so far as practicable, keep the rolls up to\ndate.\n(2) The commissioner may alter a roll at any time as follows:\n(a) to register any change of name;\n(b) to bring up to date any particulars appearing on the roll;\n(c) to correct any mistake or omission;\n(d) to remove the name of a deceased elector;\n(e) in relation to a person who is enrolled on the Commonwealth\nroll—to reflect any alteration under the Commonwealth\nElectoral Act, section 105 in relation to that enrolment.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Power to require information","content":"67 Power to require information\n(1) The commissioner may, by written notice, require—\n(a) the head of service; or\n(b) a director-general; or\n(c) the chief executive officer (however described) of a territory\nauthority or of an entity prescribed under the regulations; or\n(d) the occupier of any residence;\nto give to the commissioner or a specified officer specified\ninformation required in connection with the preparation, maintenance\nor revision of a roll.\n\n(2) A notice shall specify the time within which the information is to be\nso given.\n(3) A person who, without reasonable excuse, contravenes such a\nrequirement commits an offence.\n(4) Subsection (3) does not apply if compliance with the requirement\nwould involve the disclosure of information in contravention of any\nother law.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Notice of registered deaths","content":"68 Notice of registered deaths\nThe registrar-general shall give to the commissioner, on request,\nparticulars entered in the register of deaths during the period to which\nthe request relates in relation to the death of each person aged 16 years\nor older.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Disclosure of roll information","content":"69 Disclosure of roll information\n(1) A person to whom this section applies shall not, without reasonable\nexcuse, give a copy of a roll, an extract from a roll, or information\ncontained on a roll, to another person except for this Act.\n(2) This section applies to a person who is, or has been—\n(a) the commissioner; or\n(b) an officer; or\n(c) a member of the staff of the electoral commission.\n\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Joint roll arrangements with Commonwealth","content":"70 Joint roll arrangements with Commonwealth\n(1) The Chief Minister may arrange with the Governor-General for—\n(a) the preparation, alteration or revision of the rolls; or\n(b) the carrying out of any procedure relating to the preparation,\nalteration or revision of the rolls;\njointly by the Commonwealth and the Territory.\n(2) If such an arrangement is in force, a roll may contain—\n(a) the names and particulars of persons who are enrolled as electors\nof the Commonwealth but not as electors of the ACT, provided\nthat it is clearly indicated that they are not enrolled as electors\nof the ACT; and\n(b) distinguishing marks against the names of persons enrolled as\nelectors of the ACT but not as electors of the Commonwealth,\nto show that they are not electors of the Commonwealth; and\n(c) other particulars in addition to those required by or under this\nAct to be included in the roll;\nand, for this Act, the names of electors of the Commonwealth who\nare not enrolled as electors of the ACT and those marks and\nparticulars shall not be taken to be part of the roll.\n\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Persons taken not to be enrolled on Commonwealth roll","content":"71 Persons taken not to be enrolled on Commonwealth roll\nFor this part, the following persons enrolled on the Commonwealth\nroll shall be taken not to be so enrolled:\n(a) a person whose address recorded on that roll is not in the ACT;\n(b) a person who is an eligible overseas elector for the\nCommonwealth Electoral Act but not an eligible overseas\nelector for this Act.\n","sortOrder":73},{"sectionNumber":"71A","sectionType":"section","heading":"Address of person serving sentence of imprisonment","content":"71A Address of person serving sentence of imprisonment\n(1) For this part, the address of a person who is serving a sentence of\nimprisonment is—\n(a) if the person is enrolled on the Commonwealth roll—the address\nrecorded on that roll in relation to the person; or\n(b) if paragraph (a) does not apply—\n(i) the person’s address immediately before the person began\nserving the sentence; or\n(ii) if the person did not have an address immediately before\nbeginning to serve the sentence—the address of the place\nwhere the person is serving the sentence.\nsentence of imprisonment does not include a sentence of\nimprisonment served by intensive correction made by a court under\nthe Crimes (Sentencing) Act 2005, section 11 (Intensive correction\norders).\n\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Entitlement","content":"72 Entitlement\n(1) A person is entitled to be enrolled for an electorate if—\n(a) the person is entitled to be enrolled on the Commonwealth roll\notherwise than under the Commonwealth Electoral Act,\nsection 100; and\n(b) the person’s address is in the electorate.\n(2) A person is also entitled to be enrolled for an electorate if—\n(a) the person is not entitled to be enrolled on the Commonwealth\nroll only because the person is serving a sentence of\nimprisonment; and\n(b) the person’s address is in the electorate.\n(3) A person is not entitled to be enrolled for more than 1 electorate.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Compulsory enrolment etc—residents","content":"73 Compulsory enrolment etc—residents\n(1) A person who—\n(a) is entitled to be enrolled for an electorate; and\n(b) is not enrolled on any roll;\nshall, subject to subsection (5), make a claim for enrolment within 21\ndays after the day the person became so entitled.\n(2) An elector who—\n(a) is enrolled for an electorate; and\n(b) is entitled, following a change of address, to be enrolled for\nanother electorate;\nshall, subject to subsections (4) and (5), make a claim for a transfer\nof enrolment within 52 days after the date of the change of address.\n\n(3) An elector who changes address within an electorate shall, subject to\nsubsections (4) and (5), give the commissioner written notice setting\nout the particulars of the new address within 52 days after the date of\nthe change of address.\n(4) Subsections (2) and (3) do not apply to an eligible overseas elector,\nan Antarctic elector or a person who is not at least 18 years old.\n(5) If a person is enrolled on the Commonwealth roll otherwise than\nunder the Commonwealth Electoral Act, section 100 and the address\nrecorded on that roll in relation to the person is an address in an\nelectorate—\n(a) the person shall be taken—\n(i) to have made a claim under subsection (1) or (2), or given\nnotice under subsection (3), whichever is appropriate; and\n(ii) to be enrolled for the electorate; and\n(b) the particulars recorded on the Commonwealth roll in relation to\nthe person shall, so far as practicable, be taken to be the\nparticulars recorded on the roll for the electorate.\n(6) A person who, without reasonable excuse, contravenes\nsubsection (1), (2) or (3) commits an offence.\nMaximum penalty: 0.5 penalty units.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Eligible overseas electors","content":"74 Eligible overseas electors\n(1) An elector—\n(a) who is, for the Commonwealth Electoral Act, an eligible\noverseas elector; and\n(b) whose address, recorded on the Commonwealth roll when the\nelector became a person referred to in paragraph (a), was an\naddress in an electorate; and\n\n(c) who has, for this Act, indicated an intention to reside, or resume\nresiding, in the ACT after ceasing to be a person referred to in\nparagraph (a);\nis, subject to subsection (4), an eligible overseas elector for this Act\nin relation to the electorate in which that address is located.\n(2) The commissioner shall annotate the roll for an electorate so as to\nindicate the name of each person who is an eligible overseas elector\nin relation to the electorate.\n(3) The commissioner shall cancel an annotation in relation to a person\nif—\n(a) the person ceases to be an eligible overseas elector for the\nCommonwealth Electoral Act; or\n(b) the person notifies the commissioner that they do not intend to\nreside, or to resume residing, in the ACT after ceasing to be an\neligible overseas elector for the Commonwealth Electoral Act.\n(4) A person ceases to be an eligible overseas elector for this Act on the\nday the annotation in relation to the person is cancelled.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Age 16 enrolment","content":"75 Age 16 enrolment\n(1) The commissioner shall enrol a person on the roll for an electorate if\nthe person—\n(a) is at least 16 years old; and\n(b) would, had the person attained the age of 18 years, be entitled to\nbe enrolled for the electorate; and\n(c) makes a claim for enrolment.\n\n(2) If a person is enrolled on the Commonwealth roll under the\nCommonwealth Electoral Act, section 100 and the address recorded\non that roll is an address in an electorate—\n(a) the person shall be taken—\n(i) to have made a claim for enrolment under this section; and\n(ii) to be enrolled under this section on the roll for the\nelectorate; and\n(b) the particulars recorded on the Commonwealth roll in relation to\nthe person shall, so far as practicable, be taken to be the\nparticulars recorded on the roll for the electorate.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Enrolment etc","content":"76 Enrolment etc\nclaim means a claim for enrolment or transfer of enrolment.\n(2) Except as otherwise provided by this Act, the name of a person shall\nnot be added to a roll except under a claim.\n(3) A claim must be—\n(a) signed as required for an enrolment claim under the\nCommonwealth Electoral Act; and\n(b) given to the commissioner.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(4) The identity of the claimant must be verified in the same way as the\nidentity of a claimant for an enrolment under the Commonwealth\nElectoral Act must be verified.\n(5) On a claim under subsection (2), the commissioner shall—\n(a) enrol the claimant, if satisfied that the claimant is entitled to be\nenrolled under the claim; or\n(b) reject the claim.\n\n(6) After making a decision about a claim under subsection (2), the\ncommissioner shall give the claimant—\n(a) if the claim is accepted—written notice of the decision\nspecifying the electorate in which the claimant is enrolled; or\n(b) if the claim is rejected—an internal review notice about the\ndecision.\n(7) If Australia Post notifies the commissioner, in writing, that the\ndelivery of a posted claim for enrolment or transfer of enrolment has\nbeen delayed by an industrial dispute and, apart from the dispute,\nwould have been delivered to the commissioner before 6 pm on\npolling day for an election, the claim is taken to have been received\nby the commissioner before 6 pm on polling day for the election.\n(8) In this section:\nAustralia Post means the Australian Postal Corporation established\nunder the Australian Postal Corporation Act 1989 (Cwlth),\nsection 12.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Suppression of elector’s address","content":"77 Suppression of elector’s address\n(a) an elector is enrolled on the Commonwealth roll; and\n(b) under the Commonwealth Electoral Act, section 104 the\nparticulars of the elector’s address have not been included on, or\nhave been deleted from, the Commonwealth roll;\nthe commissioner shall suppress the particulars of the elector’s\naddress from any extract from the roll on which the elector is enrolled\nunder this Act.\n(2) If an elector is not enrolled on the Commonwealth roll, on the\nelector’s request for the suppression of particulars of the elector’s\naddress from an extract from any roll, the commissioner shall—\n(a) grant the request; or\n\n(b) refuse the request.\n(3) A request must include the reasons for the request.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(4) The commissioner shall grant a request under subsection (2) if the\ncommissioner is satisfied on reasonable grounds that the inclusion of\nthe particulars of the elector’s address on an extract from the roll\nwould place at risk the personal safety of the elector or any member\nof the elector’s family.\n(5) After making a decision about a request under subsection (2), the\ncommissioner shall give the person who made the request—\n(a) if the request is granted—written notice of the decision; or\n(b) if the request is refused—an internal review notice about the\ndecision.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Inclusion of particulars on roll following suppression","content":"78 Inclusion of particulars on roll following suppression\n(1) This section applies if the address of an elector has been suppressed\nunder section 77 (2).\n(2) The commissioner shall include the particulars of the elector’s\naddress on an extract from the roll if the commissioner is satisfied on\nreasonable grounds that the inclusion of the particulars would not\nplace at risk the personal safety of the elector or any member of the\nelector’s family.\n(3) After making a decision under subsection (2), the commissioner shall\ngive the elector an internal review notice about the decision.\n\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Suppression of elector’s address pending review","content":"79 Suppression of elector’s address pending review\n(1) This section applies if the commissioner makes either of the\nfollowing decisions:\n(a) a decision under section 77 (2) (b) to refuse to suppress an\nelector’s address from an extract from a roll;\n(b) a decision under section 78 (2) to include particulars of an\nelector’s address on an extract from a roll.\n(2) The commissioner must suppress the particulars of the elector’s\naddress from an extract from a roll from the defined date until—\n(a) if no application for review of the decision is made to the\nelectoral commission within 28 days after the day the elector is\ngiven an internal review notice in relation to the decision—the\nend of the 28-day period; or\n(b) if on review the electoral commission confirms the decision, and\nno application for review of the commission’s decision is made\nto the ACAT—the end of 28 days after the day the elector is\ngiven an internal review notice; or\n(c) if on review the ACAT confirms the decision of the electoral\ncommission, and no appeal from the ACAT’s decision is made\nto the Supreme Court is made—the end of 28 days after the day\nthe elector is given notice of the ACAT’s decision; or\n(d) if an appeal from the ACAT’s decision is made to the Supreme\nCourt—a proceeding on the appeal is completed.\n(3) Subsection (2) has effect subject to—\n(a) an order of the electoral commission under section 248 (Stay of\nreviewable decision); and\n(b) an order of the ACAT; and\n(c) an order of the Supreme Court.\n\ndefined date means—\n(a) in relation to a decision under section 77 (2) (b) to refuse to\nsuppress an elector’s address from an extract from a roll—the\ndate of the request for suppression; or\n(b) in relation to a decision under section 78 (2) to include\nparticulars of an elector’s address on an extract from a roll—the\ndate of the decision.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Objections to enrolment","content":"81 Objections to enrolment\n(1) This section applies in relation to the enrolment of a person who is\nenrolled under this Act but is not enrolled under the Commonwealth\nAct.\n(2) An elector may object to the enrolment of a person on the ground that\nthe person is not entitled to enrolment under section 72.\n(3) An objection shall—\n(a) set out the grounds on which it is made; and\n(b) subject to subsection (4), be accompanied by a deposit of $2 or\nany higher amount prescribed by the regulations.\n(4) The deposit is not payable by an elector who objects to the enrolment\nof a person with a mental disability.\n(5) The commissioner shall reject an objection without notifying the\nperson whose enrolment it concerns if—\n(a) the objection is made because the enrolled person is a person\nwith a mental disability and is not accompanied by a supporting\nmedical certificate; or\n(b) the commissioner believes on reasonable grounds that the\nobjection is frivolous or vexatious.\n\n(6) After the commissioner rejects an objection under subsection (4), the\ncommissioner shall—\n(a) if subsection (5) (a) applies—give the objector written notice of\nthe rejection; and\n(b) if subsection (5) (b) applies—give the objector an internal\nreview notice about the decision to reject the objection.\n(7) If—\n(a) an objection is made to the enrolment of a person; or\n(b) the commissioner believes on reasonable grounds that an\nenrolled person is not entitled to be enrolled (other than the\nground that the person is a person with a mental disability);\nthe commissioner shall, subject to subsection (5), give the person\nwritten notice of the objection or belief inviting the person to respond\nwithin 21 days after the date of the notice.\n(8) After considering any such response, the commissioner shall\ndetermine the person’s entitlement to enrolment and—\n(a) confirm the enrolment; or\n(b) remove the person’s name from the roll.\n(9) After making a decision under subsection (8) about the enrolment of\na person, the commissioner shall—\n(a) for a decision to confirm the enrolment—give the person, and\nany objector, written notice of the decision; or\n(b) for a decision to remove the person’s name from the roll—\n(i) give the person an internal review notice about the\ndecision; and\n(ii) if an objection has been duly made to the enrolment—give\nthe objector written notice of the decision.\n\n(10) If a person’s name is removed from a roll as a result of an objection,\nthe commissioner shall return the deposit lodged with the objection\nto the objector.\n(11) In this section:\nperson with a mental disability means a person who is incapable of\nunderstanding the nature and significance of enrolment and voting,\nand includes such a person even if a guardian or manager has not been\nappointed for the person under the Guardianship and Management of\nProperty Act 1991.\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Record of claims for enrolment","content":"82 Record of claims for enrolment\n(1) If the commissioner is satisfied that a record of the particulars of a\nclaim for enrolment or transfer of enrolment is kept on microfiche,\nmicrofilm or in any other appropriate permanent form, the claim may\nbe destroyed.\n(2) A record of particulars of a claim that is kept in accordance with\nsubsection (1) is evidence of the particulars of that claim.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Processing enrolment claims","content":"83 Processing enrolment claims\nAn officer who receives a claim for enrolment or transfer of\nenrolment shall do everything practicable to process the claim.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Transmission of enrolment claims","content":"84 Transmission of enrolment claims\nA person who accepts for transmission to the commissioner a claim\nfor enrolment or transfer of enrolment shall transmit the claim to the\ncommissioner as soon as is practicable.\n\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Production of claims for enrolment before a court","content":"85 Production of claims for enrolment before a court\n(1) This section applies to a person who is, or has been—\n(a) a member of the electoral commission; or\n(b) the commissioner; or\n(c) an officer; or\n(d) a member of the staff of the electoral commission.\n(2) A person to whom this section applies shall not, except for this Act,\nbe required—\n(a) to produce in a court a claim for enrolment; or\n(b) to divulge or communicate to a court any matter or thing in\nrelation to a claim for enrolment that has come to the person’s\nnotice in the exercise of functions under this Act.\ncourt includes any tribunal, authority or person having power to\nrequire the production of documents or the answering of questions.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Claims for enrolment not subject to warrants","content":"86 Claims for enrolment not subject to warrants\nA warrant issued under a territory law authorising the seizure of a\ndocument related to an offence does not authorise the seizure of a\nclaim for enrolment or transfer of enrolment.\n\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Meaning of address—pt 7","content":"87 Meaning of address—pt 7\naddress of a person who is, or is nominated to be, the registered\nofficer or secretary of a political party means—\n(a) the person’s home address; or\n(b) the person’s business address (other than a post office box); or\n(c) an address of the party (other than a post office box).\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Register of political parties","content":"88 Register of political parties\n(1) The commissioner must keep a register of political parties.\n(2) The register must contain the following particulars for each registered\nparty:\n(a) the name of the party;\n(b) any abbreviation of the name of the party;\n(c) the name and address of the registered officer of the party;\n(d) the name and address of the secretary of the party.\n(3) The commissioner must make the register available for public\ninspection.\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Application for registration of political party","content":"89 Application for registration of political party\n(1) An application for registration of a political party must—\n(a) be signed by the secretary of the party; and\n(b) state the party’s name; and\n(c) state any abbreviation of the party’s name that the party intends\nto use for this Act; and\n\n(d) state the name and address, and contain a specimen signature, of\nthe person nominated to be the registered officer of the party;\nand\n(e) state the name and address of the secretary of the party; and\n(f) be accompanied by a copy of the party’s constitution; and\n(g) be accompanied by a list containing the following details about\nat least 100 members of the party who are electors:\n(i) name;\n(ii) address;\n(iii) if either of the following is known by the applicant:\n(A) date of birth;\n(B) email address; and\n(h) if the party’s name, or any abbreviation of the party’s name that\nthe party intends to use for this Act, includes the name of a\nparticular living person—be accompanied by a written notice,\nsigned by the person, that—\n(i) states an address for the person or indicates that the\nperson’s address is suppressed; and\n(ii) states that the person consents to the use of the person’s\nname in the party’s name or abbreviation.\n(2) However, a notice is not required under subsection (1) (h) if the use\nof the person’s name in the party’s name or abbreviation does not\nsuggest that there is a connection between the party and the person.\na name that suggests the party is opposed to the named person\n(3) The commissioner may use information obtained under\nsubsection (1) (g) only to find out whether the party has at least\n100 members who are electors.\n\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Further information about application for political party","content":"90 Further information about application for political party\nregistration\n(1) For this part, the commissioner may, by written notice given to an\napplicant for registration of a political party, require the applicant to\ngive to the commissioner within a stated period stated information, or\na stated document, relating to the application.\n(2) If the applicant fails to comply with a notice under subsection (1), the\ncommissioner may refuse the application.\n(3) If the commissioner refuses the application under subsection (2), the\ncommissioner must give the applicant an internal review notice about\nthe commissioner’s decision.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Notification and publication of applications","content":"91 Notification and publication of applications\n(1) If the commissioner receives an application for the registration of a\npolitical party, the commissioner must prepare written notice of the\n(2) The notice must—\n(a) state the following particulars:\n(i) the name of the political party;\n(ii) any abbreviation of the name of the party that the party\nintends to use for this Act;\n(iii) the name and address of the person nominated to be the\nregistered officer of the party;\n(iv) the name and address of the secretary of the party; and\n(b) state that a copy of each of the following is available for public\ninspection at the commissioner’s office:\n(i) the application;\n\n(ii) the party’s constitution;\n(iii) if the application was accompanied by a notice under\nsection 89 (1) (h)—the notice; and\n(c) state that written objections to the application may be given to\nthe commissioner within 14 days after the day the notice is\nnotified under the Legislation Act 2001.\n(3) The notice is a notifiable instrument.\n(4) The commissioner must give additional public notice of the notice\nrequired under this section.\nrequirement in s (4) is in addition to the requirement for notification on\n(5) The commissioner must make a copy of each of the following\navailable for public inspection at the commissioner’s office:\n(a) the application;\n(b) the party’s constitution;\n(c) if the application was accompanied by a notice under\nsection 89 (1) (h)—the notice.\n","sortOrder":93},{"sectionNumber":"91A","sectionType":"section","heading":"Objections to applications and responses","content":"91A Objections to applications and responses\n(1) An objection to an application for registration of a political party\nmust—\n(b) set out the grounds of the objection; and\n(c) state the objector’s name and address; and\n(d) be signed by the objector; and\n\n(e) be given to the commissioner in accordance with the notice\nunder section 91 (Notification and publication of applications)\nfor the application.\n(2) The commissioner must give to the person nominated to be the\nregistered officer of the political party—\n(a) a copy of each objection given to the commissioner in\naccordance with subsection (1); and\n(b) a written notice inviting the person to give any response to the\nobjection to the commissioner, in writing, within 14 days after\nthe day the notice is given to the person.\n(3) The commissioner must make a copy of the following available for\npublic inspection:\n(a) each objection given to the commissioner in accordance with\nsubsection (1);\n(b) each response given to the commissioner in accordance with the\nnotice under subsection (2).\n(4) In deciding whether to register the political party, the commissioner\nmust consider each objection and response given to the commissioner\nin accordance with this section.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Registration of political parties","content":"92 Registration of political parties\n(1) If an application for registration of a political party is made under this\npart, the commissioner must register the party unless the\ncommissioner refuses the application under section 90 (2) (Further\ninformation about application for political party registration) or\nsection 93 (Refusal of applications for registration).\n(2) If the commissioner registers a political party, the commissioner must\nprepare written notice of the registration.\n\n(3) The notice is a notifiable instrument.\n(4) The commissioner must also give notice of the registration to the\nsecretary of the political party.\n(5) In addition, if an objection was made under section 91A (Objections\nto applications and responses) to the application, the commissioner\nmust give the objector an internal review notice about the decision to\nregister the political party.\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Refusal of applications for registration","content":"93 Refusal of applications for registration\n(1) The commissioner must refuse an application for the registration of a\npolitical party if—\n(a) for an application for registration of a political party—the\ncommissioner believes on reasonable grounds that, when it\nmade the application, the party did not have at least 100\nmembers who were electors; or\n(b) the person nominated in the application to be the registered\nofficer of the party is not qualified to be an elector or is the\nregistered officer of a registered party; or\n(c) the party is ineligible for registration because of section 99 (Use\nof party name after cancellation); or\n(d) the party’s name, or any abbreviation of the party’s name that\nthe party intends to use for this Act, includes the name of a\nparticular living person and the application is not accompanied\nby the notice (if required) under section 89 (1) (h).\n(2) The commissioner must also refuse an application if the\ncommissioner believes on reasonable grounds that the name of the\npolitical party, or any abbreviation of that name that the application\nstates that the party intends to use for this Act—\n(a) consists of more than 6 words; or\n(b) is obscene; or\n\n(c) is the name, or an acronym of the name, of another political\nparty; or\n(d) so nearly resembles the name, or an acronym of the name, of\nanother political party that it is likely to be confused with or\nmistaken for that name or acronym; or\n(e) is a name, or an acronym of a name, that suggests that the party\nand another political party—\n(i) are related when the parties are not related; or\n(ii) have a connection or relationship when the parties do not\nhave that connection or relationship; or\n(f) consists of the word ‘independent’; or\n(g) consists of the words ‘independent party’; or\n(h) consists of or includes the word ‘independent’ and—\n(i) the name, or an acronym of the name, of another political\nparty; or\n(ii) matter that so nearly resembles the name, or an acronym of\nthe name, of another political party that the matter is likely\nto be confused with or mistaken for that name or acronym;\nor\n(iii) is a name, or an acronym of a name, that suggests that the\nparty and another political party—\n(A) are related when the parties are not related; or\n(B) have a connection or relationship when the parties do\nnot have that connection or relationship.\n(3) However, subsection (2) (e) and (h) (iii) do not apply to the following:\n(a) a function word;\nExamples\nand, of, the\n\n(b) a collective noun for people;\n(c) the name of a country;\n(d) the word ‘country’;\n(e) the name of a geographical place;\n(f) the word ‘democratic’;\n(g) a word that is another grammatical form or a commonly\naccepted variant (including an abbreviation, contraction or\nalternative form) of a word or class of word mentioned in\nparagraphs (a) to (f).\n(4) Despite subsection (2) (e) and (h) (iii), the commissioner must\nregister the party (the applicant party) if—\n(a) the other political party gives written consent for the applicant\nparty to use the name or acronym; and\n(b) the applicant party gives the commissioner the written consent;\nand\n(c) the commissioner does not refuse to register the applicant party\nfor any other reason under this section or section 90 (2).\n(5) If the commissioner refuses an application for the registration of a\npolitical party, the commissioner must—\n(a) give the secretary of the party an internal review notice about\nthe decision to refuse the application; and\n(b) if an objection was made under section 91A (Objections to\napplications and responses) to the application—give the\nobjector written notice of the refusal.\n(6) In this section, another political party, in relation to a political party,\nis—\n(a) a registered party; or\n\n(b) a political party at least 1 member of which is a member of—\n(i) the Legislative Assembly; or\n(ii) the Commonwealth Parliament; or\n(iii) a State legislature; or\n(c) a political party registered or recognised for the law of the\nCommonwealth or a State that relates to the election of members\nof the Commonwealth Parliament or the State legislature.\n(7) However, another political party, in relation to a political party, does\nnot include a political party that is related to it.\n(8) In this section:\nname includes an abbreviation of the name.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Amendment of applications for registration","content":"94 Amendment of applications for registration\n(1) If the commissioner is of the opinion that an application for the\nregistration of a political party must be refused under section 93\n(Refusal of applications for registration), but that the application\nmight be amended to prevent the refusal, the commissioner must give\nthe applicant written notice to that effect.\n(2) The notice must—\n(a) set out the reasons for the commissioner’s opinion; and\n(b) describe the effect of subsections (3) to (5).\n(3) If the commissioner gives the notice to the applicant, the\ncommissioner is not required to further consider the application\nunless a request is made under subsection (4).\n(4) Within 28 days after receiving the notice, the applicant may give the\ncommissioner a written request, signed by the applicant, for the\ncommissioner—\n(a) to amend the application in a stated way; or\n\n(b) to consider the application in the form in which it was made.\n(5) The commissioner must comply with the request.\n(6) If the applicant requests the commissioner to amend the application\nin a stated way, the application as amended in accordance with the\nrequest is taken to be a new application for the registration of a\npolitical party.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Changes to particulars in register","content":"95 Changes to particulars in register\n(1) The secretary of a registered party may apply to the commissioner to\nchange particulars included in the register of political parties in\nrelation to the party.\n(2) This part (other than section 94 and this section) applies, with all\nnecessary changes, to an application under subsection (1), as if it were\nan application for registration of the political party and any objection\nto the application were an objection to the registration.\n(3) Section 91 (Notification and publication of applications) and\nsection 91A (Objections to applications and responses) do not apply\nto an application to change the address of the registered officer of a\nregistered party.\n","sortOrder":98},{"sectionNumber":"95A","sectionType":"section","heading":"Objection to continued use of name","content":"95A Objection to continued use of name\n(a) the commissioner is satisfied that the name, or an acronym of\nthe name, of a registered party (the first party)—\n(i) so nearly resembles the name, or an acronym of the name,\nof another registered party (the second party) that it is\nlikely to be confused with or mistaken for that name; or\n(ii) suggests that the parties—\n(A) are related; or\n(B) have a connection or relationship; and\n\n(b) the second party was registered later than the first party; and\n(c) the second party was related to the first party when the second\nparty was registered; and\n(d) the registered officer of the first party objects in writing to the\ncontinued use of the name by the second party; and\n(e) the commissioner is satisfied that, at the time of the objection—\n(i) if the name or acronym suggests the parties are related—\nthe parties are not related; or\n(ii) if the name or acronym suggests the parties have a\nconnection or relationship—the parties do not have that\nconnection or relationship.\n(2) The commissioner must—\n(a) uphold the objection; and\n(b) by written notice, tell the registered officer of the second party\nthat the second party will be deregistered under section 98\n(Cancellation of registration of political parties) if—\n(i) it does not make an application under section 95 (Changes\nto particulars in register) for a change of name within\n28 days after the registered officer receives the notice; or\n(ii) it makes the application, but the application is refused.\nname, for a registered party, means—\n(a) the name of the party entered in the register of political parties;\nor\n(b) a registered abbreviation of the name of the party.\n\n","sortOrder":99},{"sectionNumber":"95B","sectionType":"section","heading":"When certain action cannot be taken","content":"95B When certain action cannot be taken\n(1) This section applies if, in the period beginning 1 July in a year when\nan ordinary election must be held and ending when the pre-election\nperiod for the election begins, the commissioner receives an\napplication—\n(a) to register a political party; or\n(b) to change the name or abbreviation of a political party.\n(2) The commissioner must not take any action under this part in that\nperiod in relation to the application.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"No action under pt 7 during pre-election period","content":"96 No action under pt 7 during pre-election period\nDuring a pre-election period, no action may be taken under this part\nin relation to the registration of a political party.\n","sortOrder":101},{"sectionNumber":"96A","sectionType":"section","heading":"Who can be a registered officer","content":"96A Who can be a registered officer\nA person is entitled to be the registered officer of a registered party\nonly if the person is qualified to be an elector.\n","sortOrder":102},{"sectionNumber":"97","sectionType":"section","heading":"Deputy registered officer","content":"97 Deputy registered officer\n(1) For part 9 (Arrangements for elections) and part 10 (Voting), a deputy\nregistered officer of a registered party may be appointed—\n(a) by the registered officer of the party; or\n(b) if the office of registered officer of the party is vacant, or the\nregistered officer cannot for any reason exercise the officer’s\nfunctions—by the secretary of the party.\n(2) The appointment does not have effect until the commissioner is given\nwritten notice of the appointment.\n(3) The notice must—\n(a) be signed by the person making the appointment and the person\nappointed deputy registered officer; and\n\n(b) state the name and address of the deputy registered officer.\n(4) A person is entitled to be a deputy registered officer of a registered\nparty only if the person is qualified to be an elector.\n(5) A reference in part 9 or 10 to the registered officer of a registered\nparty includes a reference to a deputy registered officer of the party.\n","sortOrder":103},{"sectionNumber":"97A","sectionType":"section","heading":"Information about political parties","content":"97A Information about political parties\n(1) The commissioner may, by written notice given to the registered\nofficer of a registered party, require the officer to give the\ncommissioner information stated in the notice that is reasonably\nnecessary for the commissioner to find out whether the party is\nentitled to be registered.\n(2) Without limiting subsection (1), the commissioner may require the\nregistered officer to give the commissioner a list, as at a stated date,\ncontaining the following details about at least 100 members of the\nparty who are electors:\n(a) name;\n(b) address;\n(c) if either of the following is known by the party:\n(i) date of birth;\n(ii) email address.\n(3) The commissioner may use the information obtained under\nsubsection (2) only to find out whether the party is entitled to be\nregistered.\n","sortOrder":104},{"sectionNumber":"98","sectionType":"section","heading":"Cancellation of registration of political parties","content":"98 Cancellation of registration of political parties\n(1) The commissioner must cancel the registration of a registered party if\nthe secretary of the party asks the commissioner to cancel the\nregistration.\n\n(2) A request under subsection (1) must—\n(b) be signed by the applicant; and\n(c) state the applicant’s name and address.\n(3) The commissioner must cancel the registration of a registered party if\nit has not endorsed a candidate at the last 2 general elections.\n(4) However, subsection (3) applies to a registered party only if it was a\nregistered party at the time of each of the general elections.\n(5) The commissioner must cancel the registration of a registered party if\nthe commissioner believes on reasonable grounds that—\n(a) for a registered party—\n(i) the party has ceased to exist (whether by amalgamation\nwith another political party or otherwise); or\n(ii) the party does not have at least 100 members who are\nelectors; or\n(iii) the party does not have a constitution; or\n(b) the registration of the party was obtained by fraud or\nmisrepresentation.\n(6) The commissioner may cancel the registration of a registered party\nunder subsection (5) only if the commissioner has—\n(a) given the relevant person a written notice—\n(i) stating that the commissioner proposes to cancel the\nregistration of the party; and\n(ii) setting out the reasons for the proposed cancellation; and\n(iii) stating that written objections to the proposed cancellation\nmay be given to the commissioner within the 14 days\nmentioned in paragraph (b); and\n\n(b) prepared, and notified under the Legislation Act 2001, a written\nnotice stating—\n(i) that the commissioner proposes to cancel the registration\nof the party; and\n(ii) that written objections to the proposed cancellation may be\ngiven to the commissioner within 14 days after the day the\nnotice is notified under the Legislation Act 2001; and\n(c) considered each objection given to the commissioner in\naccordance with the notice under paragraph (a) or (b).\n(7) For subsection (6) (a), the relevant person is the secretary, or last\nsecretary, of the registered party.\n(8) The notice under subsection (6) (b) is a notifiable instrument.\n(9) If the commissioner cancels the registration of a registered party\nunder this section, the commissioner must prepare written notice of\nthe cancellation.\n(10) The notice under subsection (9) is a notifiable instrument.\n(11) If the commissioner cancels the registration of a registered party\nunder subsection (3), the commissioner must also give written notice\nof the cancellation to the registered officer of the party.\n(12) If the commissioner cancels the registration of a registered party\nunder subsection (5), the commissioner must give an internal review\nnotice about the decision to cancel the registration to the registered\nofficer, or last registered officer, of the party.\n(13) If, after an objection has been made under this section to the proposed\ncancellation of the registration of a registered party, the commissioner\ndecides not to cancel the registration, the commissioner must give\nwritten notice of the decision to—\n(a) the registered officer of the party; and\n\n(b) if the objection was not made by or on behalf of the party or\nsponsoring MLA—the objector.\n","sortOrder":105},{"sectionNumber":"99","sectionType":"section","heading":"Use of party name after cancellation","content":"99 Use of party name after cancellation\n(1) If the registration of a registered party (the cancelled party) is\ncancelled—\n(a) the cancelled party; or\n(b) another political party that has a name that so nearly resembles\nthe name of the cancelled party that it is likely to be confused\nwith or mistaken for the cancelled party;\nis ineligible for registration until after the next general election after\nthe cancellation.\nname includes an abbreviation of the name.\n","sortOrder":106},{"sectionNumber":"99A","sectionType":"section","heading":"General requirements about constitutions of registered","content":"99A General requirements about constitutions of registered\nparties\n(1) If a registered party changes its constitution, the registered officer of\nthe party must give the commissioner a copy of the changed\nconstitution within 30 days after the change.\nMaximum penalty: 10 penalty units\n(2) The commissioner must make a copy of the constitution available for\npublic inspection.\n\nTiming of elections Part 8\n","sortOrder":107},{"sectionNumber":"100","sectionType":"section","heading":"Ordinary elections","content":"100 Ordinary elections\n(1) A general election under this Act must be held on the 3rd Saturday in\nOctober in the 4th year after the year when the last ordinary election\nwas held.\n(2) If, apart from this subsection, an election in accordance with\nsubsection (1) would be held on the day an election of Senators, or a\ngeneral election of members of the House of Representatives, would\nbe held, the election shall be held on the 1st Saturday in December in\nthe year when it would, apart from this subsection, be held.\n(3) If an extraordinary general election has been held in the 6 months\nbefore the day when an election in accordance with subsection (1)\nor (2) would, apart from this subsection, have been held—\n(a) the election shall not be held; and\n(b) this section applies in relation to subsequent ordinary elections\nas if the election had been held.\n","sortOrder":108},{"sectionNumber":"101","sectionType":"section","heading":"Extraordinary elections","content":"101 Extraordinary elections\n(1) For this Act, an extraordinary election is—\n(a) a general election required by the Self-Government Act,\nsection 16; or\n(b) a general election required by the Self-Government Act,\nsection 48; or\n(c) an election of an MLA or MLAs required by section 126; or\n(d) an election of an MLA or MLAs required by section 275.\n\n(2) If an extraordinary election under section 126 (Supplementary\nelections) is required, the Executive must determine a Saturday for\nholding the election that is not earlier than 36 days, or later than 90\ndays, after the day when the election failed.\n(3) If the Court of Disputed Elections declares an election void, the\nExecutive must determine a Saturday for holding the extraordinary\nelection required under section 275 (Effect of declarations) that is not\nearlier than 36 days, or later than 90 days, after the day when the\ndeclaration is made.\n(4) The Executive must not determine under this section a day that is the\npolling day for an election of senators or a general election of the\nHouse of Representatives.\n(5) A determination under this section is a notifiable instrument.\n","sortOrder":109},{"sectionNumber":"102","sectionType":"section","heading":"Polling day","content":"102 Polling day\n(1) A poll must be held for an election on the day when the election is\nrequired to be held under this part.\n(2) This section is subject to section 111 (Need for a poll).\n\n","sortOrder":110},{"sectionNumber":"103","sectionType":"section","heading":"Eligibility—MLAs","content":"103 Eligibility—MLAs\n(1) Subject to this section, a person who is—\n(a) an Australian citizen; and\n(b) at least 18 years old; and\n(c) an elector or entitled to be an elector;\nis eligible to be an MLA.\n(2) A person is not eligible to be an MLA if—\n(a) the person is a member of—\n(i) the Parliament of the Commonwealth; or\n(ii) the legislature of a State; or\n(b) the person—\n(i) holds an office or appointment (other than a prescribed\noffice) under a law of the Territory, the Commonwealth or\na State; or\n(ii) is employed by the Territory, the Commonwealth or a State\nor by a territory authority or a body (whether incorporated\nor unincorporated) established by a law of the\nCommonwealth or a State;\nand is entitled to any remuneration or allowance (other than\nreimbursement of expenses reasonably incurred) in relation to\nthe office, appointment or employment.\n\n(3) In subsection (2) (b) (i):\nprescribed office means an office of Speaker, Deputy Speaker, Chief\nMinister, Deputy Chief Minister, Minister or MLA.\n(4) A person is not eligible to be an MLA if the person is under a sentence\nof imprisonment for 1 year or longer for a conviction of an indictable\noffence.\nNote For the meaning of indictable offence, see the Legislation Act, s 190\n(Indictable and summary offences).\n(5) A person is not eligible to be an MLA for the disqualification period\nif—\n(a) the person is convicted of an offence against—\n(i) section 285 (Bribery) or section 288 (Violence and\nintimidation); or\n(ii) the Commonwealth Criminal Code, section 83.4\n(Interference with political rights and duties); or\n(iii) the Commonwealth Criminal Code, part 2.4 relating to an\noffence mentioned in subparagraph (ii); or\n(b) the person is found by the Court of Disputed Elections to have\ncontravened (within the meaning of part 16) a section mentioned\nin paragraph (a) (i).\nNote Contravention is defined for pt 16 (Disputed elections, eligibility and\nvacancies) in s 250.\n(6) For subsection (5), the disqualification period is 2 years after the\nconviction or finding.\n","sortOrder":111},{"sectionNumber":"104","sectionType":"section","heading":"Qualifications for nomination","content":"104 Qualifications for nomination\nA person is not eligible to be nominated for election as an MLA\nunless, at the hour of nomination—\n(a) the person is eligible to be an MLA; or\n\n(b) for a person referred to in section 103 (2) (b)—the person would,\napart from that paragraph, be eligible to be an MLA.\n","sortOrder":112},{"sectionNumber":"105","sectionType":"section","heading":"Candidates to be nominated","content":"105 Candidates to be nominated\n(1) A person is not eligible for election as an MLA unless the person is\nnominated in accordance with this section.\n(2) A person may be nominated to be a candidate for election only by—\n(a) the registered officer of a registered party that endorses the\nperson as a party candidate in the election for the electorate for\nwhich the candidate is being nominated; or\n(b) 20 electors listed on the preliminary certified list of electors for\nthe electorate.\n(3) A nomination shall be made by giving to the commissioner, during\nthe pre-election period but not later than 24 hours before the hour of\nnomination—\n(a) a duly completed nomination form; and\n(b) a deposit of the prescribed amount.\n(4) A nomination form shall—\n(a) be in the form approved under section 340A (Approved forms);\nand\n(b) subject to subsection (7), set out the particulars of the name,\naddress and occupation of the nominee; and\n(c) contain a statement, signed by the nominee, to the effect that the\nnominee consents to the nomination, and to be an MLA if\nelected; and\n(d) contain a declaration, signed by the nominee, to the effect that\nthe nominee is eligible to be nominated; and\n(e) specify the form in which the nominee’s name is to be printed\non the ballot papers for the election; and\n\n(f) if the nomination is made by the registered officer of a registered\nparty—state any registered abbreviation of the name of the party\nthat is to be printed on the ballot paper for the election; and\n(g) if the nomination is made by 20 electors listed on the preliminary\ncertified list of electors for the electorate—specify whether the\nword ‘Independent’ is to be printed on the ballot paper adjacent\nto the candidate square for the nominee; and\n(h) be signed by the nominator or each nominator.\n(5) A nomination form shall name a nominee only by specifying—\n(a) the surname or family name, and the given name under which\nthe nominee is enrolled; or\n(b) if the nominee is not an elector—the surname or family name,\nand the given name under which the nominee is entitled to be\nenrolled.\n(6) A given name shall be taken to be specified for subsection (5), if the\nnomination form specifies—\n(a) a commonly accepted variation of that name (including an\nabbreviation or truncation of that name or an alternative form of\nthat name); or\n(b) an initial standing for that name.\n(7) If the address of a nominee is a suppressed address, the nomination\nform need not specify the address but, in that case, the nominee shall\nnotify the commissioner in writing of the nominee’s address for\ncorrespondence.\n(8) A nomination is not invalid only because of a formal defect or error\nif this section has been substantially complied with.\n(9) If the time by which a nomination under subsection (3) is to be made\nfalls on a public holiday, the nomination must be made no later than\nthat time on the public holiday.\n\n(10) Subsection (9) has effect despite the Legislation Act,\nsection 151A (2) (Periods of time ending on non-working days).\n(11) In subsection (3) (b):\nprescribed amount means $250 or any other amount prescribed by\nthe regulations.\n","sortOrder":113},{"sectionNumber":"105A","sectionType":"section","heading":"Number of candidates nominated","content":"105A Number of candidates nominated\nThe number of candidates nominated in an electorate by the\nregistered officer of a registered party must not exceed the number of\nmembers to be elected for the electorate under section 34 (2).\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"Multiple nominations invalid","content":"106 Multiple nominations invalid\nIf, at the hour of nomination in relation to an election—\n(a) a person is nominated more than once to be a candidate for\nelection in a particular electorate; or\n(b) a person is nominated to be a candidate for election in more than\n1 electorate;\neach such nomination is invalid.\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Withdrawal etc of consent to nomination","content":"107 Withdrawal etc of consent to nomination\n(1) A person nominated to be a candidate may withdraw their consent to\nthe nomination by giving the commissioner a written notice of\nwithdrawal not later than 24 hours before the hour of nomination.\n(2) The registered officer may cancel a nomination made by the officer\nby giving the commissioner a written notice of cancellation not later\nthan 24 hours before the hour of nomination.\n(3) On receipt of a notice referred to in subsection (1) or (2), the\ncommissioner shall cancel the nomination and pay the amount of the\ndeposit lodged to the nominee.\n\n","sortOrder":116},{"sectionNumber":"108","sectionType":"section","heading":"Place and hour of nomination","content":"108 Place and hour of nomination\n(1) The place of nomination in relation to an election is—\n(a) the office of the commissioner; or\n(b) any other place approved by the commissioner as a place of\nnomination.\n(2) An approval is a notifiable instrument.\n(3) The hour of nomination in relation to an election is 12 o’clock noon\non the 24th day before polling day for the election.\n(4) If the hour mentioned in subsection (3) falls on a public holiday,\nanything that under this Act is to be done by the hour of nomination\nmust be done by that time on the public holiday.\n(5) Subsection (4) has effect despite the Legislation Act,\nsection 151A (2) (Periods of time ending on non-working days).\n","sortOrder":117},{"sectionNumber":"109","sectionType":"section","heading":"Declaration of candidates","content":"109 Declaration of candidates\n(1) As soon as practicable after the hour of nomination, the commissioner\nshall, at the place of nomination, publicly produce all nomination\nforms and declare each person duly nominated to be a candidate.\n(2) A declaration in relation to a candidate shall specify—\n(a) the name of the candidate; and\n(b) the name of any registered party by which the candidate is\nendorsed.\n(3) As soon as practicable after the declaration, the commissioner—\n(a) shall, at the office of the commissioner; and\n(b) may, at any other places the commissioner determines;\narrange for a notice containing particulars relating to each candidate\nto be displayed.\n\n(4) A notice shall not specify the address of a candidate if it is a\nsuppressed address.\n","sortOrder":118},{"sectionNumber":"110","sectionType":"section","heading":"Rejection of nominations","content":"110 Rejection of nominations\n(1) The commissioner must reject the nomination of a person if—\n(a) the nomination is not substantially in accordance with\nsection 105 (Candidates to be nominated); or\n(b) the commissioner believes on reasonable grounds that the name\nunder which the person is nominated—\n(i) is obscene; or\n(ii) is frivolous; or\n(iii) has been assumed for a political purpose; or\nExamples—par (iii)\n1 a name that includes, completely or partly, the name, or an\nabbreviation of the name, of a political party\n2 a name that includes a political message\n(c) both of the following apply:\n(i) the nomination was made under section 105 (2) (a);\n(ii) the number of candidates nominated for an electorate by\nthe registered officer of a registered party exceeds the\nnumber of candidates able to be nominated for the\nelectorate under section 105A (Number of candidates\nnominated).\n(2) If the commissioner rejects a nomination under subsection (1), the\ncommissioner must give written notice of the rejection to—\n(a) the person whose nomination is rejected; and\n(b) for a nomination rejected under subsection (1) (c)—the\nregistered officer of the registered party.\n\n(3) A notice given under subsection (2) must set out the reasons for the\nrejection.\n(4) The commissioner must not reject the nomination of a person other\nthan under subsection (1).\n","sortOrder":119},{"sectionNumber":"110A","sectionType":"section","heading":"Publication of information about candidates","content":"110A Publication of information about candidates\n(1) The following people may ask the commissioner to publish\ninformation about a candidate, or a person nominated to be a\ncandidate under section 105 (a nominee):\n(a) the candidate;\n(b) the nominee;\n(c) if the candidate or nominee was nominated by the registered\nofficer of a registered party—the registered officer.\n(2) The commissioner must arrange for the information to be published\non the Elections ACT website as soon as practicable after—\n(a) for information about a candidate—the commissioner receives\nthe information; or\n(b) for information about a nominee—the nominee is declared to be\na candidate under section 109.\n(3) The commissioner must determine by lot the order of the publication\nof information about candidates on the Elections ACT website.\n(4) Once only, within 14 days after the publication of a candidate’s\ninformation, the candidate may give the commissioner revised\ninformation about the candidate.\n(5) The commissioner must, as soon as practicable after receiving the\nrevised information from the candidate, arrange for it to be published\non the Elections ACT website.\n\n(6) If the commissioner is satisfied on reasonable grounds that any\ninformation given to the commissioner for publication includes\ncontent that is obscene, defamatory or otherwise unlawful, the\ncommissioner must not publish that part of the information.\n(7) The commissioner must give a candidate whose information is not\npublished under subsection (6), written notice of the reason for not\npublishing the information and the opportunity to amend the\ninformation so that it is suitable for publication.\n(8) For a party candidate, the registered officer of the registered party for\nthe candidate may act on behalf of the candidate under this section.\n(9) In this section:\ninformation, about a candidate, means—\n(a) a photograph of the candidate; and\n(b) the contact details for the candidate including a link to a website\nused by the candidate for the purposes of the election; and\n(c) a statement about the candidate of not more than 500 words.\n","sortOrder":120},{"sectionNumber":"111","sectionType":"section","heading":"Need for a poll","content":"111 Need for a poll\n(1) If the number of candidates for an election is not greater than the\nnumber required to be elected, the commissioner shall, in accordance\nwith section 189, declare the candidate or candidates elected.\n(2) If the number of candidates for election is greater than the number\nrequired to be elected, a poll shall be held in accordance with this Act.\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Death of candidate before polling day","content":"112 Death of candidate before polling day\nIf a candidate dies before polling day and the number of candidates\nremaining is not greater than the number required to be elected, the\ncommissioner shall, in accordance with section 189, declare the\nremaining candidates elected.\n\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Deposit—return or forfeiture","content":"113 Deposit—return or forfeiture\n(1) This section applies to a deposit paid in relation to the nomination of\na candidate for election.\n(2) The deposit must be returned to the person who paid the deposit, or\nsomeone else authorised in writing by the person, if—\n(a) the candidate is elected; or\n(b) the candidate is excluded from the poll under schedule 4 but the\ncandidate’s total votes at the time of exclusion are at least 20%\nof the quota for the election; or\n(c) the candidate is not elected or excluded but at any stage of the\ncounting the candidate’s total votes are at least 20% of the quota\nfor the election; or\n(d) the nominee dies before the candidates are declared for the\nelection; or\n(e) the candidate dies before polling day.\n(3) If subsection (2) does not apply, the deposit is forfeited to the\nTerritory when the result of the election is declared.\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Ballot papers","content":"114 Ballot papers\n(1) Subject to this division, the ballot papers to be used in an election\nshall be in accordance with the form in schedule 1.\n(2) The commissioner may determine the colour of the paper on which\nballot papers for each electorate are to be printed.\n(3) A ballot paper must bear an official mark in the form approved under\nsection 340A (Approved forms).\n(4) The ballot paper may be in electronic form.\n\nBallot papers Division 9.2\n(5) The commissioner may approve changes to the electronic form of the\nballot paper that are necessary to facilitate the display of the\nelectronic form or its use by electors.\nThe electronic form of a ballot paper may display columns of candidates using 2\nrows.\n(6) An approval under subsection (3) is a notifiable instrument.\n(7) The regulations may—\n(a) specify the headings or directions to be contained on ballot\npapers to be used for declaration voting; and\n(b) provide for—\n(i) the form of a ballot paper to be altered as specified in the\nregulations; or\n(ii) a form set out in the regulations to be used in place of the\nform of a ballot paper.\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Grouping of candidates’ names","content":"115 Grouping of candidates’ names\nIf the registered officer of a registered party nominates 2 or more\ncandidates for an election, their names shall be grouped in a separate\ncolumn on the ballot papers for the relevant electorate.\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Printing of ballot papers","content":"116 Printing of ballot papers\n(1) Subject to subsection (4), on each ballot paper for an election—\n(a) the names of the candidates in a group of candidates shall be\nprinted in a single column; and\n(b) if there are 2 or more groups of candidates—separate columns\nof the names of the candidates in each group shall be printed\nfrom left to right in an order determined by the commissioner by\nlot; and\n\n(c) a distinguishing letter shall be printed above the column of\nnames of the candidates in a particular group, the letter being—\n(i) if there is only 1 group— ‘A’; or\n(ii) if there are 2 or more groups—the appropriate letter in a\nconsecutive, alphabetical order beginning with ‘A’\ncorresponding to the order in which the columns of names\nin each group are printed from left to right on the ballot\npaper; and\n(d) if there are grouped and ungrouped candidates—the names of\nall ungrouped candidates shall, subject to subsection (3), be\nprinted in a single column to the right of the last column of\nnames of grouped candidates; and\n(e) if there are no groups of candidates—the names of all candidates\nshall be printed in a single column; and\n(f) the names of candidates in the columns shall be printed in an\norder determined in accordance with schedule 2; and\n(g) the name of each candidate shall be printed once only; and\n(h) a square (a candidate square) shall be printed adjacent to the\nname of each candidate.\nNote Group, in relation to candidates in an election, is defined in the\ndictionary.\n(2) If there are no grouped candidates and there are more than 5\nungrouped candidates—\n(a) their names shall, so far as practicable, be printed in 2 or more\nadjacent columns of equal length; and\n(b) the names to be printed in each column shall be determined by\nthe commissioner by lot.\n\nBallot papers Division 9.2\n(3) If a single column of the names of ungrouped candidates would be\nlonger than the longest column of names of grouped candidates—\n(a) the names of the ungrouped candidates shall be printed in 2 or\nmore columns none of which is longer than the longest column\nof names of grouped candidates; and\n(b) the names of the ungrouped candidates to be included in each\ncolumn shall be determined by the commissioner by lot.\n(4) If similarity in the names of 2 or more candidates is likely to cause\nconfusion, their names may be arranged on the ballot papers with such\ndescription or addition as will distinguish each from the other.\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Names on ballot papers","content":"117 Names on ballot papers\nparty name, for a registered party, means—\n(a) the name under which the party is registered; or\n(b) if a registered abbreviation of the name of the party is stated in\nthe nomination form of each party candidate—that abbreviation.\n(2) On the ballot papers for an election—\n(a) the party name of the registered party by which a group of party\ncandidates is endorsed must be printed at the top of the column\nof their names; and\n(b) the party name of the registered party by which an ungrouped\nparty candidate is endorsed must be printed next to the candidate\nsquare for the candidate; and\n(c) the word ‘independent’ must be printed next to the candidate\nsquare for a candidate (other than a party candidate) if the\nnomination form so specified.\n\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Draw for positions on ballot papers","content":"118 Draw for positions on ballot papers\nThe commissioner shall make the determinations required by section\n116 in public at the place of nomination, as soon as practicable after\nthe candidates have been declared.\n","sortOrder":128},{"sectionNumber":"118A","sectionType":"section","heading":"Approval of computer program for electronic voting and","content":"118A Approval of computer program for electronic voting and\nvote counting\n(1) The commissioner may approve 1 or more computer programs for\nany of the following:\n(a) to allow electronic voting in an election;\n(b) to perform steps in the scrutiny of votes in an election.\n(2) The commissioner may approve a program under subsection (1) (a)\nonly if the program will—\n(a) allow an elector to show consecutive preferences starting at ‘1’;\nand\n(b) give an elector an opportunity to correct any mistakes before\nprocessing the elector’s vote; and\n(c) allow an elector to make an informal vote showing no preference\nfor any candidate; and\n(d) not allow a person to find out how a particular elector cast their\nvote.\n(3) The commissioner may approve a program under subsection (1) (b)\nonly if—\n(a) the proper use of the program would give the same result in the\nscrutiny of votes in an election as would be obtained if the\nscrutiny were conducted without using the program; and\n\nElectronic voting and vote counting Division 9.3\n(b) the program—\n(i) will not allow a person to find out how a particular elector\ncast their vote; and\n(ii) is designed to pause while the commissioner makes a\ndetermination by lot required by schedule 4; and\n(iii) can produce indicative distributions of preferences at any\ntime after the close of the poll and before the declaration of\nthe poll.\n(4) An approval under subsection (1) is a notifiable instrument.\n(5) The commissioner must determine processes that must be followed\nin relation to the use of an approved computer program in the scrutiny\nof votes in an election.\n(6) Without limiting subsection (5), the commissioner may approve a\nprocess—\n(a) for entering preferences shown on paper ballots into the\napproved computer program; and\n(b) for counting preferences using the program to work out—\n(ii) the number of informal ballot papers for each electorate.\n118AA Arrangements for electronic voting\nThe commissioner may make arrangements for electronic voting at\nan election.\n118AB Approval of electronic devices for electronic voting\n(1) The commissioner may approve electronic devices for use in\nelectronic voting by electors at an election.\n(2) An approval is a notifiable instrument.\n\n","sortOrder":129},{"sectionNumber":"118B","sectionType":"section","heading":"Security of electronic voting devices and computer","content":"118B Security of electronic voting devices and computer\nprograms\n(1) The commissioner must take steps to ensure that electronic devices\nand computer programs used or intended to be used for or in\nconnection with electronic voting are kept secure from interference at\nall times.\n(2) The commissioner must keep backup copies of electronic data\nproduced by an approved electronic device or approved computer\nprogram until whichever of the following happens last:\n(a) the beginning of the pre-election period for the next election;\n(b) the documents are no longer required by the commissioner,\nanother member of the electoral commission or a member of the\nstaff of the commission for exercising a function under this Act.\n","sortOrder":130},{"sectionNumber":"119","sectionType":"section","heading":"Polling places and scrutiny centres","content":"119 Polling places and scrutiny centres\n(1) The commissioner may—\n(a) appoint a specified place to be a polling place on polling day for\nan election; and\n(b) appoint a specified place to be a scrutiny centre during the\nelection period for the purpose of the scrutiny at an election.\n(2) An appointment is a notifiable instrument.\n(3) During a pre-election period, the commissioner—\n(a) must give additional public notice of the particulars of each\npolling place for the election; and\npt 1). The requirement in s (3) is in addition to the requirement for\nnotification on the legislation register as a notifiable instrument.\n\n(b) may publish notice of the particulars of each polling place for\nthe election by any other means the commissioner determines.\n","sortOrder":131},{"sectionNumber":"120","sectionType":"section","heading":"Administrative arrangements","content":"120 Administrative arrangements\n(1) The commissioner must make appropriate administrative\narrangements for the conduct of each election.\n(2) Without limiting subsection (1), the commissioner must ensure that\neach polling place is properly equipped with—\n(a) separate voting compartments constructed to screen voters from\nobservation while marking ballot papers; and\n(b) ballot boxes that can be securely fastened; and\n(c) ballot papers and other documents and stationery; and\n(d) if electronic voting is used at the polling place—any equipment\nnecessary for electronic voting.\n","sortOrder":132},{"sectionNumber":"121","sectionType":"section","heading":"Certified extracts and certified lists of electors","content":"121 Certified extracts and certified lists of electors\n(1) As soon as practicable after the beginning of the pre-election period\nfor an election, the commissioner must—\n(a) prepare—\n(i) a preliminary certified extract of electors for each\nelectorate; and\n(ii) a preliminary certified list of electors for each electorate;\nand\n(b) give a copy of the preliminary certified lists to the OIC for each\npolling place; and\n(c) on request by a candidate for the electorate—give a copy of the\npreliminary certified extract to the candidate.\n\n(2) As soon as practicable after polling day for an election, the\ncommissioner must prepare—\n(a) a supplementary certified extract of electors for each electorate;\nand\n(b) a supplementary certified list of electors for each electorate.\n(3) For subsection (1) (c), the candidate may ask for, and the\ncommissioner may give, the preliminary certified extract in electronic\nor paper form.\neligible elector, in relation to an election, means an elector who is, or\nwill be, at least 18 years old on polling day for the election.\npreliminary certified extract of electors, for an election in an\nelectorate, means an extract from the roll for the electorate, certified\nby the commissioner, for each eligible elector who is enrolled for the\nelectorate immediately before 6 pm on the first day of the pre-election\nperiod.\npreliminary certified list of electors, for an election in an electorate,\nmeans a list, certified by the commissioner, that contains—\n(a) the preliminary certified extract of electors; and\n(b) each elector’s year of birth and gender.\nsupplementary certified extract of electors, for an election in an\nelectorate, means an extract from the roll for the electorate, certified\nby the commissioner, for each eligible elector who—\n(a) is enrolled for the electorate—\n(i) at or after 6 pm on the first day of the pre-election period;\nbut\n(ii) before 6 pm on polling day; or\n\n(b) was enrolled for the electorate at or after 6 pm on polling day\nbut applied to be enrolled before—\n(i) 6 pm on polling day; or\n(ii) for a person mentioned in section 154 (2)—the close of the\npolling place.\nsupplementary certified list of electors, for an election in an\nelectorate, means a list, certified by the commissioner, that\ncontains—\n(a) the supplementary certified extract of electors; and\n(b) each elector’s year of birth and gender.\n","sortOrder":133},{"sectionNumber":"121A","sectionType":"section","heading":"Use of information from certified extracts or certified lists","content":"121A Use of information from certified extracts or certified lists\napproved purpose means—\n(a) a purpose connected with an election; or\n(b) monitoring the accuracy of information on the roll.\nprotected information, in relation to a person, means information that\nthe person knows, or has reasonable grounds for believing, was\nobtained from either of the following, given to the person or someone\nelse under section 121 (1):\n(a) a copy of a certified extract of electors;\n(b) a copy of a certified list of electors.\n(2) A person must not, without reasonable excuse, use protected\ninformation for—\n(a) a commercial purpose; or\n\n(b) any other purpose, other than an approved purpose.\n(3) A person must not, without reasonable excuse, directly or indirectly\ndivulge or communicate protected information to someone else for a\npurpose other than an approved purpose.\n","sortOrder":134},{"sectionNumber":"122","sectionType":"section","heading":"Scrutineers—appointment","content":"122 Scrutineers—appointment\n(1) A candidate for election may appoint a scrutineer to represent the\ncandidate during the polling for the election, or during the scrutiny\nfor an election, or both.\n(2) An appointment shall be made by giving to the commissioner—\n(a) written notice, signed by the candidate, specifying the name and\naddress of the scrutineer; and\n(b) an undertaking signed by the scrutineer.\n","sortOrder":135},{"sectionNumber":"123","sectionType":"section","heading":"Scrutineers—conduct","content":"123 Scrutineers—conduct\n(1) Subject to subsection (2), a scrutineer representing a candidate during\nthe polling for an election is entitled to be present in a polling place,\nand to enter or leave a polling place, when voters are allowed to vote\nat that place.\n(2) At any time while voters are allowed to vote at a particular polling\nplace, the number of scrutineers representing a particular candidate\nwho are present at that place shall not exceed the number of officers\nresponsible for issuing ballot papers at that place.\n\n(3) Subject to subsection (4), a scrutineer representing a candidate during\nthe scrutiny for an election is entitled to be present in a scrutiny\ncentre, and to enter or leave a scrutiny centre, during the conduct of\nthe scrutiny at the centre.\n(4) At any time during the conduct of the scrutiny at a particular scrutiny\ncentre, the number of scrutineers representing a particular candidate\nwho are present at the centre shall not exceed the number of officers\nat the centre.\n(5) A scrutineer at a polling place or scrutiny centre shall wear a badge,\nsupplied by the commissioner, that identifies the person as a\n(6) A scrutineer shall not, without reasonable excuse, communicate with\nany person in a polling place except so far as is necessary in the\nexercise of the scrutineer’s functions.\n(7) A scrutineer shall not, without reasonable excuse, interfere with or\nattempt to influence an elector at a polling place.\n(8) For section 320 (4) (b), a scrutineer who contravenes this section is\nno longer entitled to be on the premises.\n","sortOrder":136},{"sectionNumber":"124","sectionType":"section","heading":"Participation by candidates in conduct of election","content":"124 Participation by candidates in conduct of election\nA candidate shall not take any part in the conduct of an election.\n","sortOrder":137},{"sectionNumber":"125","sectionType":"section","heading":"Determining matters by lot","content":"125 Determining matters by lot\n(1) If the commissioner is required by this Act to determine a matter by\nlot, the matter shall be so determined in a way approved by the\nelectoral commission.\n(2) An approval is a disallowable instrument.\n\n","sortOrder":138},{"sectionNumber":"126","sectionType":"section","heading":"Supplementary elections","content":"126 Supplementary elections\nIf, in relation to an election—\n(a) there are no candidates; or\n(b) the number of candidates declared elected under section 111\nor 112 is less than the number of vacancies;\na supplementary election shall be held, as necessary, in accordance\nwith section 101.\n\nGeneral Division 10.1\n","sortOrder":139},{"sectionNumber":"128","sectionType":"section","heading":"Entitlement to vote","content":"128 Entitlement to vote\n(1) Subject to subsection (2), an elector enrolled for an electorate is\nentitled to vote at an election for the electorate.\n(2) A person who is enrolled is not entitled to vote at an election unless\nthey will be at least 18 years old on the day the poll for the election is\nrequired to be held.\n(3) The inclusion of the name of a person on a certified list of electors for\nan election is conclusive evidence of the person’s right to vote at the\n(4) The omission of the name of a person from a roll because of official\nerror does not disqualify the person from voting.\n(5) In a roll or a certified list of electors, an omission of a given name, or\nan error in a name, does not disqualify an elector from voting.\n(6) An elector whose surname has changed is not disqualified from\nvoting under a former name entered for the person on a roll or\ncertified list of electors.\n","sortOrder":140},{"sectionNumber":"129","sectionType":"section","heading":"Compulsory voting","content":"129 Compulsory voting\n(1) An elector who is entitled to vote at an election shall not, without a\nvalid and sufficient reason, fail to vote at the election.\nMaximum penalty: 0.5 penalty units.\n(2) Subsection (1) does not apply to—\n(a) an eligible overseas elector; or\n(b) an Antarctic elector; or\n\n(c) an elector who is serving a sentence of imprisonment outside the\nACT; or\n(d) an elector who is enrolled because of the elector’s enrolment on\nthe Commonwealth roll as an itinerant elector.\n(3) Without limiting subsection (1), an elector shall be taken to have a\nvalid and sufficient reason for failing to vote at an election if the\nelector believes it to be part of the elector’s religious duty to abstain\nfrom voting.\n","sortOrder":141},{"sectionNumber":"130","sectionType":"section","heading":"Multiple votes prohibited","content":"130 Multiple votes prohibited\nAn elector shall not vote—\n(a) more than once at the same election for an electorate; or\n(b) at 2 or more elections for electorates the polls for which are\nrequired to be held on the same day.\n","sortOrder":142},{"sectionNumber":"131","sectionType":"section","heading":"Procedures for voting","content":"131 Procedures for voting\n(1) At an election, an elector may cast an ordinary or declaration vote in\naccordance with division 10.2, 10.3, 10.4 or 10.5.\n(2) An elector who is entitled to vote at an election may cast a vote on\npolling day at any polling place in the ACT, whether or not the polling\nplace is in the electorate for which the elector is enrolled.\n(3) If there is electronic voting at a polling place, an elector may vote\nusing a paper ballot paper or an electronic ballot paper.\n(4) To remove any doubt, subsection (2) does not give an elector detained\nin lawful custody any right to leave, or be released from, the place of\ncustody to cast a vote.\n\nOrdinary voting at a polling place Division 10.2\n","sortOrder":143},{"sectionNumber":"132","sectionType":"section","heading":"Manner of recording vote","content":"132 Manner of recording vote\n(1) An elector shall record the elector’s vote on a ballot paper by marking\nthe ballot paper in accordance with subsection (2).\n(2) The elector—\n(a) shall place consecutive whole numbers starting at ‘1’ in the\nnumber of candidate squares equal to the number of candidates\nto be elected so as to indicate preferences; and\n(b) may place further consecutive whole numbers in additional\ncandidate squares so as to indicate additional preferences.\n","sortOrder":144},{"sectionNumber":"Div 10","sectionType":"division","heading":"2 Ordinary voting at a polling place","content":"Division 10.2 Ordinary voting at a polling place\n","sortOrder":145},{"sectionNumber":"133","sectionType":"section","heading":"Claims to vote","content":"133 Claims to vote\n(a) a person attends before an officer at a polling place on polling\nday for an election; and\n(b) the person claims to vote at the election; and\n(c) the officer is satisfied that the preliminary certified list of\nelectors for an electorate—\n(i) includes the claimant’s name; and\n(ii) states an address for the claimant or indicates that the\nclaimant’s address is suppressed; and\n(iii) has not been marked so as to indicate that a ballot paper\nhas already been issued to the claimant.\n(2) The officer must—\n(a) issue a ballot paper to the person for the electorate; and\n(b) record the issue on the certified list of electors.\n\n(3) Despite subsection (2), an officer shall not issue a ballot paper to a\nperson who indicates that they have already voted at the election.\n","sortOrder":146},{"sectionNumber":"134","sectionType":"section","heading":"Voting in private","content":"134 Voting in private\nSubject to section 156, a person shall, on receipt of a ballot paper\nunder section 133, without delay—\n(a) go to an unoccupied voting compartment at the polling place;\nand\n(b) there, in private, mark the person’s vote on the ballot paper in\naccordance with section 132; and\n(c) if the person has voted using a paper ballot paper—fold the\nballot paper so as to conceal the vote and put it in a ballot box at\nthe polling place; and\n(d) leave the polling place.\n","sortOrder":147},{"sectionNumber":"135","sectionType":"section","heading":"Declaration voting at polling places","content":"135 Declaration voting at polling places\n(1) If a person attends before an officer at a polling place on polling day\nand claims to vote at an election, the officer shall issue declaration\nvoting papers to the person for the relevant electorate if satisfied\n(a) a preliminary certified list of electors does not include the\nperson’s name; or\n(b) a preliminary certified list of electors has been marked so as to\nindicate that a ballot paper has already been issued to the person\nbut the person claims not to have voted already at the election.\n(2) Despite subsection (1), an officer shall not issue declaration voting\npapers to a person who indicates that they have already voted at the\n\nDeclaration voting at a polling place Division 10.3\n(3) The officer shall—\n(a) give the claimant a written statement indicating the\nconsequences of casting a declaration vote under this section;\nand\n(b) record the name of the claimant.\n(4) Subject to section 156, the following requirements apply to the\ncasting of a declaration vote under this section:\n(a) the person shall complete and sign the declaration in the\npresence of the officer;\n(b) the officer shall complete and sign the certificate as witness;\n(c) the person shall go to an unoccupied voting compartment at the\npolling place and there, in private—\n(i) mark the person’s vote on the ballot paper in accordance\nwith section 132; and\n(ii) fold the ballot paper so as to conceal the vote;\n(d) the person shall return the folded ballot paper to the officer;\n(e) the officer shall, in the presence of the person, without unfolding\nthe ballot paper, place it in the envelope on which the declaration\nreferred to in paragraph (a) appears, fasten the envelope and\nplace it in a ballot box at the polling place;\n(f) the person shall then leave the polling place.\n\nDivision 10.4 Voting otherwise than at a polling\nplace\n","sortOrder":148},{"sectionNumber":"136","sectionType":"section","heading":"Definitions for div 10.4","content":"136 Definitions for div 10.4\nauthorised delivery service means—\n(a) Australia Post; or\n(b) if, under subsection (2), the commissioner decides that a\ndelivery service be used instead of Australia Post—that delivery\nservice; or\n(c) if, under subsection (2), the commissioner decides that a\ndelivery service be used in addition to Australia Post—Australia\nPost or that delivery service.\npost means send using an authorised delivery service.\n(2) For subsection (1), definition of post, the commissioner may, in\nwriting, decide that a delivery service be used instead of or in addition\nto Australia Post.\n","sortOrder":149},{"sectionNumber":"136A","sectionType":"section","heading":"Applications for postal voting papers","content":"136A Applications for postal voting papers\neligible elector, for an election, means an elector who is entitled to\nvote at the election and—\n(a) who expects to be unable to attend—\n(i) at a polling place on polling day; or\n(ii) at an early polling place; or\n(b) whose address is a suppressed address.\n\n(2) An eligible elector for an election (or a person authorised by the\neligible elector) may apply to an authorised officer for declaration\nvoting papers for postal voting (postal voting papers) for the election.\n(3) The application may be made orally or in writing.\n(4) The application must include a declaration that the applicant is an\neligible elector for the election.\n(5) The application must be received by an authorised officer before 8 pm\non the day before polling day.\n(6) If an authorised officer receives an application under this section\nfrom, or on behalf of, a person claiming to be an eligible elector for\nan election (the applicant), the officer must—\n(a) if satisfied that the applicant’s name is on the preliminary\ncertified list of electors for an electorate—post postal voting\npapers for the electorate to the applicant; or\n(b) if not so satisfied—post postal voting papers for the electorate\nin which in the applicant claims to be enrolled to the applicant.\n(7) However, the authorised officer must not post postal voting papers to\nthe applicant—\n(a) if the applicant has nominated a postal address outside\nAustralia—if the application is received by the officer after 5 pm\non the Friday 8 days before polling day; or\n(b) in any other case—if the application is received by the officer\nafter the last mail clearance, at the post office nominated by the\ncommissioner in the postal voting papers, on the last Thursday\nbefore polling day; or\n(c) in any case—if the officer has reason to believe that the\napplicant is at a place where the normal transmission of mail has\nbeen significantly disrupted or curtailed or is otherwise\nunreliable.\n\n(8) Despite subsections (6) and (7), the authorised officer may give the\npostal voting papers to the applicant using a courier or other agent\n(other than an authorised delivery service), if the officer believes on\nreasonable grounds that—\n(a) the applicant is a person to whom subsection (7) applies; and\n(b) the papers are likely to reach the applicant in sufficient time for\nthe applicant’s ballot paper to be completed and posted or given\nin accordance with section 144A (Requirements for casting\npostal votes) if the papers are sent to the applicant using the\nagent.\n(9) Despite subsections (6) and (8), the authorised officer must not post\nor give postal voting papers to the applicant earlier than the 3rd\nMonday before polling day.\n(10) If postal voting papers are sent or given to the applicant in accordance\nwith this section, neither the authorised officer nor the commissioner\nis responsible for ensuring that the papers reach the applicant.\nNote Section 144A deals with how to cast a postal vote.\n","sortOrder":150},{"sectionNumber":"136B","sectionType":"section","heading":"Declaration of early polling places","content":"136B Declaration of early polling places\n(1) The commissioner may declare a stated place in the ACT as a place\nwhere voters may cast an ordinary or declaration vote before polling\nday (an early polling place).\n(2) If the commissioner makes a declaration under subsection (1), the\ndeclaration must also state the days and times the early polling place\nwill be operational during the period—\n(a) beginning on the 2nd Monday before polling day or, if that\n(b) ending at 8 pm on the day before polling day.\n(3) A declaration is a notifiable instrument.\n\n","sortOrder":151},{"sectionNumber":"136C","sectionType":"section","heading":"Ordinary voting in ACT before polling day","content":"136C Ordinary voting in ACT before polling day\n(a) a person attends an early polling place when the place is\noperational; and\n(b) the person claims to be entitled to vote at the election; and\n(c) an authorised officer is satisfied that the preliminary certified list\nof electors for an electorate—\n(i) includes the person’s name; and\n(ii) states an address for the person or indicates that the\nperson’s address is suppressed; and\n(iii) has not been marked to indicate that a ballot paper has\nalready been issued to the person.\n(a) issue a ballot paper to the person for the electorate; and\n(b) record the issue on the preliminary certified list of electors.\n(3) However, an authorised officer must not issue a ballot paper to a\nperson who indicates they have already voted at the election.\n(4) Section 134 applies to the casting of an ordinary vote under this\n(a) it were a vote under section 133; and\n(b) the reference in section 134 to an unoccupied voting\n\n","sortOrder":152},{"sectionNumber":"136D","sectionType":"section","heading":"Declaration voting in ACT before polling day","content":"136D Declaration voting in ACT before polling day\n(a) a person attends an early polling place when the place is\noperational; and\n(b) the person claims to be entitled to vote at the election; and\n(c) an authorised officer is satisfied that—\n(i) the preliminary certified list of electors for the electorate\ndoes not specify the person’s name; or\n(ii) the preliminary certified list of electors for the electorate\nhas been marked to indicate that a ballot paper has already\nbeen issued to the person but the person claims not to have\nalready voted at the election.\n(a) issue declaration voting papers to the person; and\n(b) give the person a written statement indicating the consequences\nof casting a declaration vote under this section; and\n(c) record the person’s name.\n(3) However, an authorised officer must not issue declaration voting\npapers to a person who indicates they have already voted at the\n(4) Section 135 (4) applies to the casting of a declaration vote under this\n(a) it were a declaration vote under section 135; and\n(b) the reference in section 135 (4) to an unoccupied voting\n\n","sortOrder":153},{"sectionNumber":"136E","sectionType":"section","heading":"Arrangements at early polling places","content":"136E Arrangements at early polling places\n(1) This section applies to an early polling place.\n(2) Sections 120 to 123 apply as if the early polling place were a polling\nplace.\n(3) The OIC must, at the beginning of each day of polling, exhibit each\nballot box empty and then securely fasten its cover before any vote is\ntaken.\n(4) The OIC must, in the presence of any scrutineers—\n(a) at the end of each day of polling, other than the final day of\npolling, close and seal the ballot boxes containing ballot papers\nfor ordinary or declaration voting; and\n(b) at the end of the final day of polling—\n(i) close and seal any ballot boxes containing ballot papers for\nordinary or declaration voting; and\n(ii) parcel and enclose in sealed wrapping all unused ballot\npapers; and\n(iii) parcel and enclose in sealed wrapping all other electoral\npapers used at the polling place.\n(5) The OIC must give the items mentioned in subsection (4) to the\ncommissioner after the item has been sealed.\n(6) The commissioner must keep any items received under subsection (5)\n(7) Ballot papers cast as ordinary votes may only be removed from ballot\nboxes and counted after the close of polling on polling day.\n\n","sortOrder":154},{"sectionNumber":"136F","sectionType":"section","heading":"Declaration of days and times for declaration voting","content":"136F Declaration of days and times for declaration voting\noutside ACT on or before polling day\n(1) The commissioner may declare the days and times during the relevant\nperiod when voters may cast a declaration vote in a State.\n(2) A declaration is a notifiable instrument.\nrelevant period means the period—\n(a) beginning on the 2nd Monday before polling day or, if that\n(b) ending at 6 pm on polling day.\n","sortOrder":155},{"sectionNumber":"136G","sectionType":"section","heading":"Declaration voting outside ACT on or before polling day","content":"136G Declaration voting outside ACT on or before polling day\n(a) a person attends a place in a State where voters may cast a\ndeclaration vote before polling day (an interstate declaration\npolling place) when the place is operational; and\n(b) the person claims to be entitled to vote at the election.\n(a) issue declaration voting papers to the person; and\n(b) give the person a written statement indicating the consequences\nof casting a declaration vote under this section; and\n(c) record the person’s name.\n(3) However, an authorised officer must not issue declaration voting\npapers to a person who indicates they have already voted at the\n\n(4) Section 135 (4) applies to the casting of a declaration vote under this\n(a) it were a declaration vote under section 135; and\n(b) the reference in section 135 (4) to an unoccupied voting\n","sortOrder":156},{"sectionNumber":"136H","sectionType":"section","heading":"Electronic voting outside Australia on or before polling","content":"136H Electronic voting outside Australia on or before polling\nday\nin electronic voting by eligible electors in an election.\n(2) An eligible elector may apply to the commissioner to vote\nelectronically at the election.\n(3) On application, the commissioner must give the eligible elector a\nrelevant electronic ballot paper if—\n(a) the application includes a declaration to the effect that the\nelector is an eligible elector; and\n(b) the commissioner receives the application in the period—\n(i) beginning on the 3rd Monday before polling day or, if that\n(ii) ending at 4 pm on polling day.\n(4) The eligible elector’s electronic vote must be received by the\ncommissioner not later than 6 pm on polling day.\neligible elector means an elector—\n(a) who is entitled to vote at the election; and\n(b) either—\n(i) who is an Antarctic elector; or\n\n(ii) to whom both of the following apply:\n(A) the elector will be outside Australia for all or part of\nthe period beginning on the 3rd Monday before\npolling day and ending at 6 pm on polling day;\n(B) the elector will not be in Australia when they vote.\nrelevant electronic ballot paper, for an eligible elector, means—\n(a) if the commissioner is satisfied that the elector’s name is on the\ncertified list of electors for an electorate—an electronic ballot\npaper for that electorate; or\n(b) in any other case—an electronic ballot paper for the electorate\nin which the elector claims to be enrolled.\n","sortOrder":157},{"sectionNumber":"136I","sectionType":"section","heading":"Telephone voting by electors with a visual impairment on","content":"136I Telephone voting by electors with a visual impairment on\nor before polling day\nby eligible electors in an election.\n(2) An eligible elector may apply to the commissioner to vote by\ntelephone at the election.\n(3) On application, the commissioner must give the eligible elector an\nelectronic ballot paper for an electorate to enable the elector to vote\nby telephone if—\n(a) the commissioner receives the application in the period—\n(i) beginning on the 2nd Monday before polling day or, if that\n(ii) ending at 4 pm on polling day; and\n(b) the commissioner is satisfied that the name of the elector is on\nthe preliminary certified list of electors for the electorate.\n(4) The eligible elector’s electronic vote must be received by the\ncommissioner not later than 6 pm on polling day.\n\neligible elector means an elector who—\n(a) is entitled to vote at an election; and\n(b) has a visual impairment that makes it difficult for the elector to\nvote in private without being assisted to vote.\n","sortOrder":158},{"sectionNumber":"137","sectionType":"section","heading":"Record of issue of declaration voting papers","content":"137 Record of issue of declaration voting papers\n(1) An officer who issues a ballot paper under section 136A,\nsection 136D (2) (a) or section 136G (2) (a) must—\n(a) make a record of the time and date the paper is issued; and\n(b) if the officer is not the commissioner—give the record to the\ncommissioner.\n(2) If an application is made for a postal vote, the record shall be endorsed\non the application.\n","sortOrder":159},{"sectionNumber":"138","sectionType":"section","heading":"Inspection of records","content":"138 Inspection of records\n(1) Subject to subsection (2), the commissioner shall make each record\nreferred to in section 137, or a copy, available for public inspection\nat the office of the commissioner within ordinary office hours during\nthe period of 40 days beginning on the 3rd day after polling day.\n(2) A document referred to in subsection (1) that is made available for\npublic inspection shall not specify a suppressed address.\n","sortOrder":160},{"sectionNumber":"139","sectionType":"section","heading":"Receipt of declaration voting papers","content":"139 Receipt of declaration voting papers\n(1) An officer who receives completed voting papers in relation to a vote\ncast under section 136A shall—\n(a) endorse the time and date of receipt on the envelope; and\n\n(b) if the officer is not the commissioner—give the papers to the\ncommissioner or an authorised officer.\nNote For restrictions on sending completed ballot and voting papers by fax, see\ns 329.\n(2) The commissioner shall keep the papers in safe custody for the\npurposes of scrutiny under part 12.\n","sortOrder":161},{"sectionNumber":"140","sectionType":"section","heading":"Registered declaration voters","content":"140 Registered declaration voters\n(1) The commissioner shall keep a register, called the register of\ndeclaration voters.\n(2) The register may be kept electronically.\n(3) If an elector is registered as a general postal voter under the\nCommonwealth Electoral Act—\n(a) the elector shall be taken to be a registered declaration voter for\nthis Act; and\n(b) the particulars so registered under the Commonwealth Electoral\nAct in relation to the elector shall, so far as practicable, be taken\nto be entered on the register kept under this Act.\n(4) The register shall contain the following particulars in relation to each\nelector to whom subsection (3) applies:\n(a) surname or family name;\n(b) each given name;\n(c) address, other than—\n(i) that of an eligible overseas elector; or\n(ii) a suppressed address.\n\n","sortOrder":162},{"sectionNumber":"141","sectionType":"section","heading":"Issue of voting papers to registered declaration voters","content":"141 Issue of voting papers to registered declaration voters\nAs soon as practicable after the beginning of the pre-election period\nfor an election, the commissioner shall post to each elector enrolled\nfor the electorate in which the election is to be held who is a registered\ndeclaration voter declaration voting papers for the election.\nNote Section 144A deals with how to cast a postal vote.\n","sortOrder":163},{"sectionNumber":"142","sectionType":"section","heading":"Correcting formal errors","content":"142 Correcting formal errors\nIf an officer is satisfied that—\n(a) an application for declaration voting papers for postal voting;\nor\n(b) the declaration or certificate in completed declaration voting\npapers;\ncontains a formal error, the officer may amend the application,\ndeclaration or certificate to correct the error.\n","sortOrder":164},{"sectionNumber":"143","sectionType":"section","heading":"Soliciting applications for postal declaration votes","content":"143 Soliciting applications for postal declaration votes\n(1) A person commits an offence if the person—\n(a) applies for declaration voting papers for postal voting for an\nelection for someone else; and\n(b) does not have the other person’s consent to make the\n(2) A person commits an offence if the person does anything to induce\nsomeone else—\n(a) to complete an application form for declaration voting papers\nfor postal voting; and\n\n(b) to return the completed form to an address that is not an address\nauthorised by the commissioner.\n(3) A person commits an offence if the person does anything to induce\nsomeone else to complete an application form for declaration voting\npapers for postal voting that is not the form approved under\nsection 340A for the application form.\n","sortOrder":165},{"sectionNumber":"144","sectionType":"section","heading":"Transmission of applications for postal declaration votes","content":"144 Transmission of applications for postal declaration votes\nA person who accepts for transmission to the commissioner a\ncompleted application for declaration voting papers for postal voting\nshall transmit the application to the commissioner as soon as\npracticable.\n","sortOrder":166},{"sectionNumber":"144A","sectionType":"section","heading":"Requirements for casting postal votes","content":"144A Requirements for casting postal votes\n(1) This section applies to a person if the person has received declaration\nvoting papers for an election under section 136A (Applications for\npostal voting papers) or section 141 (Issue of voting papers to\nregistered declaration voters).\n(2) To cast a postal vote, the person must—\n(a) complete and sign the declaration; and\n(b) mark the person’s vote on the ballot paper; and\n(c) fold the ballot paper, place it in the envelope addressed to the\ncommissioner and fasten the envelope; and\n(i) post the envelope and contents to the commissioner before\npolling day; or\n\n(ii) give the envelope and contents to the commissioner or\nanother officer by polling day.\nNote For restrictions on sending completed ballot and voting papers by fax, see\ns 329.\n(3) This section is subject to section 156 (Assistance to voters).\n","sortOrder":167},{"sectionNumber":"145","sectionType":"section","heading":"Interference with declaration voting","content":"145 Interference with declaration voting\nExcept for section 156, or at the request of the elector, a person shall\nnot, without reasonable excuse—\n(a) communicate with an elector while the elector is casting a\ndeclaration vote; or\n(b) interfere with an elector’s casting of a declaration vote; or\n(c) do anything to find out how an elector voted by declaration vote;\nor\n(d) enable any other person to find out how an elector voted by\ndeclaration vote.\n","sortOrder":168},{"sectionNumber":"146","sectionType":"section","heading":"Soliciting completed declaration votes","content":"146 Soliciting completed declaration votes\nA person shall not, without reasonable excuse, do anything for the\npurpose of inducing an elector to give to the person completed\ndeclaration voting papers.\n","sortOrder":169},{"sectionNumber":"147","sectionType":"section","heading":"Transmission of completed declaration votes","content":"147 Transmission of completed declaration votes\nA person who accepts for transmission to the commissioner\ncompleted declaration voting papers shall transmit them to the\ncommissioner as soon as practicable.\n\n","sortOrder":170},{"sectionNumber":"148","sectionType":"section","heading":"Opening envelopes containing declaration votes","content":"148 Opening envelopes containing declaration votes\nUnless authorised by or under this Act, a person shall not, without\nreasonable excuse, open an envelope that appears to contain a\ncompleted declaration vote.\n","sortOrder":171},{"sectionNumber":"149","sectionType":"section","heading":"Definitions for div 10.5","content":"149 Definitions for div 10.5\nhomelessness polling place—see section 149B (1).\nspecial hospital means a hospital declared under section 149A.\nvisiting officer means an officer who makes a visit referred to in\nsection 150 (1), (2) or (3) or section 150A.\n","sortOrder":172},{"sectionNumber":"149A","sectionType":"section","heading":"Declaration of special hospitals","content":"149A Declaration of special hospitals\n(1) The commissioner may declare a hospital that is not a polling place\nto be a special hospital for this division.\n(2) A declaration is a notifiable instrument.\n","sortOrder":173},{"sectionNumber":"149B","sectionType":"section","heading":"Declaration of homelessness polling places","content":"149B Declaration of homelessness polling places\n(1) The commissioner may declare a place in the ACT as a place where\nvoters may cast an ordinary or declaration vote on or before polling\nday (a homelessness polling place).\n(2) However, the commissioner may make a declaration under\nsubsection (1) only if the commissioner is satisfied that the place is a\nlocation people experiencing homelessness are likely to attend or\ngather.\n\nMobile polling Division 10.5\n(3) If the commissioner makes a declaration under subsection (1), the\ndeclaration must also state the days and times the homelessness\npolling place will be operational during the period—\n(a) beginning on the 5th day before polling day; and\n(b) ending at 6 pm on polling day.\n(4) A declaration is a notifiable instrument.\n","sortOrder":174},{"sectionNumber":"150","sectionType":"section","heading":"Mobile polling—institutions","content":"150 Mobile polling—institutions\n(1) The OIC of a polling place that is a hospital shall arrange for an\nofficer to visit patients at the hospital (other than outpatients) between\n8 am and 6 pm on polling day for the purpose of taking their votes.\n(2) The commissioner shall arrange for an officer to visit patients at a\nspecial hospital (other than outpatients) between 8 am and 6 pm—\n(a) on a day that is not more than 5 days before polling day; or\n(b) on polling day;\nfor the purpose of taking their votes.\n(3) The commissioner may arrange for an officer to visit electors\ndetained at a correctional centre to take their votes.\n(4) A visit mentioned in subsection (3) must be made at a time, and in\naccordance with any conditions, arranged between the commissioner\nand the person in charge of the correctional centre.\n","sortOrder":175},{"sectionNumber":"150A","sectionType":"section","heading":"Mobile polling—homelessness polling places","content":"150A Mobile polling—homelessness polling places\nThe commissioner must arrange for an officer to visit a homelessness\npolling place on the days and during the times stated in the declaration\nfor the place.\n\n","sortOrder":176},{"sectionNumber":"151","sectionType":"section","heading":"Functions of visiting officers","content":"151 Functions of visiting officers\n(1) When visiting under section 150 or section 150A, the visiting\nofficer—\n(a) shall take a ballot box, ballot papers, the preliminary certified\nlist of electors and anything else necessary to enable a person to\nvote; and\n(b) shall be accompanied by at least 1 other officer and any\nscrutineer who wishes to attend.\n(2) The number of scrutineers for a particular candidate who are present\nat a hospital, special hospital, correctional centre or homelessness\npolling place with the visiting officer must not be more than the\nnumber of officers at the hospital, special hospital, correctional centre\nor homelessness polling place.\n(3) While a visiting officer is with a person in a room or other place for\nthe purpose of taking the person’s vote, this Act has effect, so far as\npracticable, as if—\n(a) the room or place were a polling place; and\n(b) the visiting officer were the OIC of the polling place.\n(4) A visit under section 150 to a patient in a hospital or special hospital\nshall not be made if the visiting officer is informed by a doctor, or a\nmember of the staff at the hospital, that the visit is forbidden on\nmedical grounds.\n(5) A visit under section 150 to a person detained at a correctional centre\nmust not be made if the person in charge of the centre tells the visiting\nofficer that the visit is prohibited on security grounds.\n","sortOrder":177},{"sectionNumber":"152","sectionType":"section","heading":"Failure to visit institution or homelessness polling place","content":"152 Failure to visit institution or homelessness polling place\nA failure to do any of the following does not invalidate the result of\nan election:\n(a) make a visit to an institution under section 150;\n\n(b) make a visit to a homelessness polling place under\nsection 150A;\n(c) take votes at an institution or homelessness polling place in\naccordance with section 151.\n","sortOrder":178},{"sectionNumber":"153","sectionType":"section","heading":"Custody of ballot boxes and electoral papers","content":"153 Custody of ballot boxes and electoral papers\n(1) After a visiting officer has completed all their visits under section 150\nor section 150A, the officer shall, in the presence of any scrutineers—\n(a) close and seal the ballot boxes containing ballot papers for\nordinary voting or declaration voting; and\n(b) parcel and enclose in sealed wrapping all unused ballot papers;\nand\n(c) parcel and enclose in sealed wrapping all other electoral papers\nused for the purposes of the visits.\n(2) The visiting officer shall give the articles referred to in subsection (1)\nto the commissioner.\n(3) The commissioner shall keep the articles referred to in subsection (1)\n","sortOrder":179},{"sectionNumber":"154","sectionType":"section","heading":"Arrangements at polling places","content":"154 Arrangements at polling places\n(1) At each polling place the polling shall be conducted as follows:\n(a) before any vote is taken the OIC shall exhibit each ballot box\nempty, and shall then securely fasten its cover;\n(b) the poll shall open at 8 am and shall not close until all electors\npresent in the polling place at 6 pm and desiring to vote, have\nvoted;\n(c) the polling place shall be closed at 6 pm and no person shall be\nadmitted after that hour for the purpose of voting.\n\n(2) For subsection (1) (b), an elector present in the polling place includes\na person who—\n(a) is not on the preliminary certified extract of electors for an\nelectorate; but\n(b) wishes to apply for enrolment in the electorate.\n","sortOrder":180},{"sectionNumber":"155","sectionType":"section","heading":"Particulars on ballot papers before issue","content":"155 Particulars on ballot papers before issue\nAn officer shall not issue a ballot paper for the purposes of an election\nunless the particulars required by division 9.2 are printed or endorsed\non the ballot paper.\n","sortOrder":181},{"sectionNumber":"156","sectionType":"section","heading":"Assistance to voters","content":"156 Assistance to voters\n(1) An elector who is unable to vote may be assisted in voting if the\nelector would otherwise be unable to vote.\n(2) An assistant shall be—\n(a) if the elector is a postal voter or a voter casting an electronic vote\nunder section 136H or section 136I—a nominee of the elector;\nor\n(b) in any other case—a nominee of the elector or, if there is no such\nnominee, an officer.\n(3) An assistant may enter a voting compartment for the purpose of\nassisting an elector to vote, but an officer shall not do so except in the\npresence of—\n(a) a scrutineer; or\n(b) if no scrutineer is present—another officer.\n(4) Subject to subsection (3), an assistant may assist an elector in any of\nthe following ways:\n(a) by acting as an interpreter;\n\n(b) for a declaration vote—by completing, or assisting the elector to\ncomplete, the declaration;\n(c) by explaining the ballot paper and the requirements of this Act\nrelating to its marking;\n(d) by marking, or assisting the elector to mark, the ballot paper at\nthe elector’s direction;\n(e) for a paper ballot paper—by folding the ballot paper and\ndepositing it in a ballot box or declaration envelope, or with an\nofficer, as required by this Act.\n","sortOrder":182},{"sectionNumber":"156A","sectionType":"section","heading":"Assistance to voters unable to enter polling place","content":"156A Assistance to voters unable to enter polling place\n(1) This section applies if the OIC of a polling place is satisfied that a\nvoter cannot enter the polling place because of a physical disability,\nillness, advanced pregnancy or another condition.\n(2) The voter may vote outside the polling place, but close to the polling\nplace, and may be assisted in voting.\n(3) Before allowing the voter to vote outside the polling place, the OIC\nmust—\n(a) tell any scrutineers at the polling place that the voter is to vote\noutside the polling place; and\n(b) allow, from the scrutineers present, 1 scrutineer for each\ncandidate to be present when the voter votes.\n(4) The voter must—\n(a) mark the voter’s vote on the ballot paper in the OIC’s presence;\nand\n(b) fold the ballot paper to conceal the names of the candidates; and\n(c) give the ballot paper to the OIC.\n\n(5) If the voter is casting an ordinary vote, the OIC must ensure that the\nfolded ballot paper is immediately returned to the polling place and\nput in the ballot box in the presence of the scrutineers (if any) who\nwere present when the voter voted.\n(6) If the voter is casting a declaration vote, the OIC must—\n(a) in the presence of the voter, without unfolding the ballot paper,\nplace the ballot paper in the envelope on which the voter has\ncompleted and signed the declaration and seal the envelope; and\n(b) place the envelope in a ballot box at the polling place.\n(7) This section is subject to section 156 (Assistance to voters).\n","sortOrder":183},{"sectionNumber":"157","sectionType":"section","heading":"Spoilt ballot papers","content":"157 Spoilt ballot papers\n(1) An officer shall issue another unused ballot paper to an elector who—\n(a) satisfies the officer that a ballot paper previously issued to the\nelector has been inadvertently spoiled; and\n(b) gives the spoilt ballot paper to the officer.\n(2) An officer who receives a spoilt ballot paper shall—\n(a) write ‘spoilt’ on the back of it; and\n(b) place it in an envelope, seal the envelope and endorse it so as to\nindicate the type of spoilt ballot paper enclosed; and\n(c) sign the endorsement.\n(3) At the close of polling, the OIC shall enclose the envelope in a sealed\nparcel and give it to the commissioner.\n(4) This section does not apply in relation to an elector who votes\nelectronically.\n\n","sortOrder":184},{"sectionNumber":"158","sectionType":"section","heading":"Custody of ballot boxes and electoral papers","content":"158 Custody of ballot boxes and electoral papers\n(1) At the close of polling, the OIC of a polling place shall, in the\npresence of any scrutineers—\n(a) close and seal the ballot boxes containing ballot papers for\nordinary voting or declaration voting; and\n(b) parcel and enclose in sealed wrapping all unused ballot papers;\nand\n(c) parcel and enclose in sealed wrapping all other electoral papers\nused at the polling place.\n(2) The commissioner shall keep the articles referred to in subsection (1)\n(3) Subsection (1) (a) does not apply to ballot boxes containing ballot\npapers for ordinary voting if the polling place is also a scrutiny centre\nand the procedures set out in section 182 are to be carried out in\nrelation to those ballot boxes and ballot papers at that centre.\n","sortOrder":185},{"sectionNumber":"159","sectionType":"section","heading":"Extension of time for conducting elections","content":"159 Extension of time for conducting elections\n(1) Despite any other provision of this Act, before or after the day when\nan election is required to be held, the Executive may, by written\nnotice, make provision for—\n(a) extending the time for holding the election; or\n(b) meeting any difficulty that might otherwise interfere with the\ndue conduct of the election;\nand any provision so made shall be valid and sufficient for that\npurpose.\n(2) A notice under subsection (1) is a notifiable instrument.\n\n(3) The commissioner must give additional public notice of the notice\nrequired under this section.\n","sortOrder":186},{"sectionNumber":"160","sectionType":"section","heading":"Suspension and adjournment of polling","content":"160 Suspension and adjournment of polling\n(1) The commissioner may suspend the polling at a polling place on\npolling day if for any reason it is not practicable to proceed with it.\n(2) A decision to suspend polling under subsection (1) does not invalidate\nthe result of an election.\n(3) Subsection (4) applies if—\n(a) the polling is suspended; and\n(b) the commissioner believes on reasonable grounds that it is not\nreasonably practicable for an elector affected by the suspension\nto cast a vote at another polling place.\n(4) The commissioner must determine a day (that is as soon as\npracticable, but within 21 days, after the suspension) as the day when\npolling is to resume.\n(5) If it is impracticable to resume the polling at the same polling place,\nthe determination must state the polling place where polling may be\nresumed.\n(6) A determination under subsection (4) is a notifiable instrument.\n(7) On the resumption of polling, only an elector who was entitled to vote\non the day when the poll for the election was required to be held and\nwho has not already voted is entitled to vote.\n\nFailure to vote Division 10.7\n","sortOrder":187},{"sectionNumber":"160A","sectionType":"section","heading":"Suspension and resumption of electronic voting for","content":"160A Suspension and resumption of electronic voting for\neligible electors\nby eligible electors in an election.\n(2) The commissioner may suspend the use of the approved computer\nprogram at any time if it is not practicable to proceed with it for any\nreason.\n(3) A decision to suspend use of the approved computer program does\nnot invalidate the result of the election.\n(4) If the commissioner suspends the use of the approved computer\nprogram, the commissioner may resume using the approved computer\nprogram at any time before 6 pm on polling day if it is practicable to\ndo so.\n(5) On resumption of electronic voting, only an eligible elector who has\nnot already voted is entitled to vote.\neligible elector means an eligible elector within the meaning of\nsection 136H (5) and section 136I (5).\n","sortOrder":188},{"sectionNumber":"161","sectionType":"section","heading":"Default notice","content":"161 Default notice\n(1) For this division, a default notice, in relation to an elector, is a notice\ncontaining a statement to the effect that—\n(a) it is an offence to fail to vote at an election without a valid and\nsufficient reason; and\n(b) the elector appears to have failed to vote at an election; and\n\n(c) if the elector does not wish to have the matter dealt with by a\ncourt, the elector may, within the time specified in the notice—\n(i) if the elector voted at the election—give the commissioner\nparticulars in writing of the voting; or\n(ii) if the elector failed to vote at the election—give the\ncommissioner particulars in writing of any valid and\nsufficient reason for the failure, or pay the amount of the\nprescribed penalty.\n(2) For subsection (1) (c) (ii), the prescribed penalty is $20 or any higher\npenalty prescribed by the regulations.\n","sortOrder":189},{"sectionNumber":"162","sectionType":"section","heading":"First notice","content":"162 First notice\n(1) As soon as practicable after polling day for an election, the\ncommissioner shall send a default notice to each elector who was\nrequired to vote at the election and appears to the commissioner to\nhave failed to do so.\n(2) Subsection (1) does not apply to an elector who the commissioner is\nsatisfied—\n(a) is dead; or\n(b) had a valid and sufficient reason for failing to vote at the\n","sortOrder":190},{"sectionNumber":"163","sectionType":"section","heading":"Second notice","content":"163 Second notice\nIf an elector to whom a default notice has been sent under section 162\nfails to respond to the notice within the time specified, the\ncommissioner shall send a second default notice to the elector,\nendorsed to the effect that the elector has failed to respond to the first\nnotice.\n\nFailure to vote Division 10.7\n","sortOrder":191},{"sectionNumber":"164","sectionType":"section","heading":"Final notice","content":"164 Final notice\n(1) The commissioner shall send a final default notice to an elector if—\n(a) a default notice under section 162 or 163 has been sent to the\n(b) the time for responding to the notice has ended; and\n(c) the elector has not paid the prescribed penalty; and\n(d) the commissioner is not satisfied that the elector—\n(i) voted at the election; or\n(ii) had a valid and sufficient reason for failing to vote at the\n(2) A final default notice shall contain a statement to the effect that—\n(a) the commissioner is not so satisfied; and\n(b) if the elector does not wish to have the matter dealt with by a\ncourt—the elector may, within the time specified in the notice,\npay the amount of the prescribed penalty.\n","sortOrder":192},{"sectionNumber":"165","sectionType":"section","heading":"Discharge of liability","content":"165 Discharge of liability\nIf an elector who failed to vote at an election pays the amount of the\nprescribed penalty in accordance with a default notice—\n(a) any liability of the elector under section 129 in relation to the\nfailure is discharged; and\n(b) proceedings for an offence against that section shall not be\ninstituted against the elector in relation to the failure.\n","sortOrder":193},{"sectionNumber":"166","sectionType":"section","heading":"Response on behalf of elector","content":"166 Response on behalf of elector\nIf a person responds to a default notice on behalf of an elector who is\nunable to do so, the response shall be taken to be that of the elector.\n\n","sortOrder":194},{"sectionNumber":"167","sectionType":"section","heading":"Definitions for pt 11","content":"167 Definitions for pt 11\nAntarctica means—\n(a) the Australian Antarctic Territory; or\n(b) the Territory of Heard Island and McDonald Islands; or\n(c) Macquarie Island.\nassistant returning officer, in relation to a station, means the assistant\nreturning officer appointed under section 168 in relation to the station.\nresearch personnel means personnel who are to be, or have been,\nengaged in work at a station.\nreturning officer, in relation to a station, means the returning officer\nappointed under section 168 in relation to the station.\nstation means—\n(a) a research station in Antarctica that is operated by the\nCommonwealth and is declared by the commissioner, in writing,\nto be a permanent research station; or\n(b) in relation to a particular election, a ship that is declared by the\ncommissioner, in writing, to be a station for this part in relation\nto the election.\ntransmit means transmit by fax or in another way approved under\nsection 167B.\n\n","sortOrder":195},{"sectionNumber":"167A","sectionType":"section","heading":"Declaration of ship as a station","content":"167A Declaration of ship as a station\nThe commissioner may declare a ship as a station only if the\ncommissioner is satisfied that, on polling day for an election, the ship\nis likely to be at sea transporting research personnel to or from\nAntarctica.\n","sortOrder":196},{"sectionNumber":"167B","sectionType":"section","heading":"Approval of ways of transmission","content":"167B Approval of ways of transmission\n(1) The commissioner may approve a way of transmission for this part.\n(2) The approval is a notifiable instrument.\n","sortOrder":197},{"sectionNumber":"168","sectionType":"section","heading":"Returning officers and assistants for Antarctic stations","content":"168 Returning officers and assistants for Antarctic stations\n(1) The commissioner must appoint a returning officer, and an assistant\nreturning officer, for each station.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act 2001, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act 2001, s 7 (3)) and an appointment may be made\nby naming a person or nominating the occupant of a position (see s 207).\n(2) The commissioner or the person in charge of a station may appoint an\nacting returning officer, or acting assistant returning officer, for a\nstation.\n(3) However, the person in charge of a station must not be appointed to\nbe the returning officer, or assistant returning officer, for the station.\n","sortOrder":198},{"sectionNumber":"170","sectionType":"section","heading":"Application of Act to polling in Antarctica","content":"170 Application of Act to polling in Antarctica\nSubject to this part, this Act applies, so far as practicable, to the taking\nof a poll in Antarctica as if—\n(a) a reference in the Act to a polling place were a reference to the\nrelevant station; and\n(b) a reference in the Act to the OIC of a polling place were a\nreference to the returning officer; and\n\n(c) a reference in the Act to an officer were a reference to the\nassistant returning officer.\n","sortOrder":199},{"sectionNumber":"171","sectionType":"section","heading":"Antarctic electors","content":"171 Antarctic electors\n(1) Subject to subsection (2), an elector—\n(a) who is, for the Commonwealth Electoral Act, an Antarctic\n(b) whose address, recorded on the Commonwealth roll when the\nelector became a person referred to in paragraph (a), was an\naddress in an electorate;\nis an Antarctic elector for this Act in relation to the electorate where\nthat address is located.\n(2) A person does not become an Antarctic elector for the purposes of an\nelection under this Act if the person became an Antarctic elector for\nthe Commonwealth Electoral Act after the hour of nomination for the\n","sortOrder":200},{"sectionNumber":"172","sectionType":"section","heading":"Arrangements for the polling in Antarctica","content":"172 Arrangements for the polling in Antarctica\n(1) As soon as practicable after the close of nominations for an election\nin relation to an electorate for which an Antarctic elector is enrolled—\n(a) the commissioner shall transmit to the returning officer at whose\nstation the elector is based—\n(i) an extract from the preliminary certified list of electors for\nthe electorate containing the particulars relating to the\n(ii) directions for the preparation by the officer of ballot papers\nfor the election; and\n(b) the returning officer shall prepare ballot papers in accordance\nwith the directions.\n\n(2) The directions shall ensure, so far as practicable, that the ballot papers\nare the same as ballot papers prepared under division 9.2 for the\n","sortOrder":201},{"sectionNumber":"173","sectionType":"section","heading":"Conduct of the polling","content":"173 Conduct of the polling\n(1) The polling at a station shall be conducted as follows:\n(a) before any vote is taken, the returning officer shall exhibit a\nballot box empty, and shall then securely fasten its cover;\n(b) subject to subsection (2), the poll shall be conducted during the\nhours on the days the returning officer directs;\n(c) the returning officer or the assistant returning officer shall, at all\ntimes when the poll is open, be present in that part of the station\nwhere the polling is taking place.\n(2) The polling at a station shall not continue beyond the time that is\n6 pm in the ACT on polling day for the election.\n","sortOrder":202},{"sectionNumber":"174","sectionType":"section","heading":"Claims to vote","content":"174 Claims to vote\nThe returning officer or assistant returning officer for a station shall—\n(a) hand a ballot paper to each Antarctic elector who attends before\nthe officer during the hours of polling and claims to vote at the\nelection; and\n(b) record the issue of the ballot paper to the elector.\n","sortOrder":203},{"sectionNumber":"175","sectionType":"section","heading":"Proceedings at close of poll","content":"175 Proceedings at close of poll\nAt the close of the poll, the returning officer shall, in the presence of\nthe assistant returning officer—\n(a) open the ballot box; and\n(b) transmit to the authorised officer—\n(i) particulars of each elector who has voted at the station in\nthe election; and\n\n(ii) unless subparagraph (iii) applies, particulars of the\nmarking of each ballot paper; and\n(iii) if the returning officer is unable to read or understand\nclearly the particulars referred to in subparagraph (ii)—a\nstatement to explain that inability; and\n(c) prepare a written statement of the information transmitted.\nNote A ballot paper completed by an Antarctic elector may be faxed to the\ncommissioner, see s 329.\n","sortOrder":204},{"sectionNumber":"176","sectionType":"section","heading":"Result of polling in Antarctica","content":"176 Result of polling in Antarctica\n(1) On receipt of the transmission under section 175, the authorised\nofficer shall—\n(a) in relation to each ballot paper marked by an Antarctic elector—\ntranscribe the particulars of the elector’s marks onto a ballot\npaper for the relevant electorate; and\n(b) seal in an envelope the ballot paper onto which the particulars\nare transcribed; and\n(c) sign the envelope and endorse it to the effect that it contains a\nballot paper recording a vote by an Antarctic elector that is to be\nadmitted to the scrutiny for the election; and\n(d) send the envelope to the commissioner.\n(2) An authorised officer shall not mark a ballot paper under this section\nin a way that is likely to enable it to be identified as representing the\nvote of an Antarctic elector.\n","sortOrder":205},{"sectionNumber":"177","sectionType":"section","heading":"Preservation of documents","content":"177 Preservation of documents\n(1) As soon as practicable after the close of the poll for an election, the\nreturning officer for each station shall forward to the commissioner—\n(a) a copy of the record of the issue of each ballot paper; and\n(b) a copy of the statement referred to in section 175 (c); and\n\n(c) the ballot papers used for voting at the station.\n(2) The commissioner shall keep the documents referred to in\nsubsection (1) in safe custody for the purposes of scrutiny under\npart 12.\n\n","sortOrder":206},{"sectionNumber":"178","sectionType":"section","heading":"Scrutiny","content":"178 Scrutiny\n(1) The result of the polling at an election shall be ascertained by scrutiny\nin accordance with this part.\n(2) All the proceedings at the scrutiny shall be open to the inspection of\nthe scrutineers.\n(3) The commissioner shall arrange for the following articles, documents\nand data to be dealt with at scrutiny centres for this part:\n(a) applications for postal votes or electronic votes under\nsection 136H or section 136I in the election;\n(b) records of issued declaration voting papers;\n(c) completed declaration voting papers received by the\ncommissioner, the OIC of a polling place or another officer;\n(d) ballot boxes containing ballot papers for ordinary voting or\ndeclaration voting;\n(e) electronic ballot papers;\n(f) envelopes containing ballot papers recording votes by Antarctic\nelectors.\n(4) The OIC for a scrutiny centre may adjourn the scrutiny at the centre\nfrom time to time.\n\n","sortOrder":207},{"sectionNumber":"179","sectionType":"section","heading":"Preliminary scrutiny of declaration voting papers etc","content":"179 Preliminary scrutiny of declaration voting papers etc\n(1) The commissioner shall arrange for the conduct of the preliminary\nscrutinies necessary in relation to a poll until the following documents\nhave been dealt with in accordance with this section:\n(a) all completed declaration voting papers (including those used\nfor postal voting or electronic voting under section 136H)\nreceived by the commissioner or another officer on or before\npolling day;\n(b) all completed declaration voting papers used for postal voting\nreceived by the commissioner before the end of the 6th day after\nthe close of the poll;\n(c) any envelope referred to in section 176 (1) (d) containing a ballot\npaper recording the vote of an Antarctic elector.\n(2) A preliminary scrutiny shall not be conducted earlier than the 5th day\nbefore polling day.\n(3) The commissioner shall display a notice in a prominent place at the\noffice of the commissioner specifying the date and time when, and\nthe place where, a preliminary scrutiny is to begin.\n(4) The notice shall be so displayed no later than 4 pm on the day before\nthe beginning of the preliminary scrutiny.\n(5) A preliminary scrutiny, other than for electronic voting under\nsection 136H, shall be conducted in accordance with schedule 3.\n(6) Schedule 3 applies, so far as practicable, in relation to a vote cast\nunder part 11 (Polling in Antarctica) by an Antarctic elector as if—\n(a) the vote were a declaration vote other than a postal vote; and\n(b) a declaration signed by the elector specifying the electorate in\nrelation to which the elector is an Antarctic elector appeared on\nthe envelope referred to in section 176 (1) (d); and\n\n(c) a reference in that schedule to a set of declaration voting papers\nwere a reference to that envelope.\n(7) At a preliminary scrutiny, declaration voting papers shall not be\nrejected for further scrutiny because of a formal error.\n(8) A preliminary scrutiny shall be taken to be part of the scrutiny in\nrelation to an election.\n","sortOrder":208},{"sectionNumber":"180","sectionType":"section","heading":"Formality of ballot papers","content":"180 Formality of ballot papers\n(1) Except as provided by this section, a ballot paper is formal and effect\nshall be given to the elector’s intention as far as that intention is clear.\n(2) A ballot paper is informal if—\n(a) in the opinion of the OIC of a scrutiny centre—\n(i) it is not authentic; or\n(ii) it has writing on it by which the elector can be identified;\nor\n(b) no first preference is marked in a candidate square; or\n(c) a first preference is marked in 2 or more candidate squares; or\n(d) for a completed declaration vote ballot paper that has not been\ndealt with at a preliminary scrutiny under section 179—it is not\nenclosed in the appropriate envelope on which appears a\ndeclaration made by an elector.\n(3) Subsection (2) (d) does not apply to an electronic vote cast under\nsection 136H.\n(4) In determining whether a ballot paper is formal—\n(a) a preference marked outside a candidate square shall be taken to\nbe marked in the square if the voter’s intention to indicate that\npreference for that candidate is clear; and\n\n(b) subject to subsection (2) (a), any other writing outside a\ncandidate square shall be disregarded.\n(5) A ballot paper on which the particulars are endorsed by an officer\nunder section 155 is not informal—\n(a) if no other candidate has the same surname—only because the\nsurname of a candidate has been written on the ballot paper; or\n(b) only because of a spelling mistake in the particulars endorsed on\nthe ballot paper.\n(6) If it is necessary for this part, the commissioner may determine the\nformality of a ballot paper and, for that purpose, may reverse any\ndecision made by another officer.\n","sortOrder":209},{"sectionNumber":"181","sectionType":"section","heading":"Death of candidate","content":"181 Death of candidate\nIf a candidate dies before the end of polling day, and the number of\ncandidates remaining is greater than the number of candidates to be\nelected, a ballot paper is not informal only because of—\n(a) the inclusion on the ballot paper of the name of the deceased\ncandidate; or\n(b) the marking of any consecutive number in a candidate square\nadjacent to that name; or\n(c) the omission to place any number in a candidate square adjacent\nto that name, or any resultant failure to indicate in consecutive\norder the elector’s preferences.\n","sortOrder":210},{"sectionNumber":"182","sectionType":"section","heading":"First count—ordinary ballot papers","content":"182 First count—ordinary ballot papers\n(1) This section applies only to paper ballot papers.\n(2) As soon as practicable after the close of the poll for an election, the\nOIC for a scrutiny centre shall arrange for the procedures set out in\nthis section to be carried out.\n\n(3) First, the OIC shall—\n(a) exhibit for inspection by any scrutineer each ballot box\ncontaining ballot papers recording ordinary votes; and\n(b) record the condition of the ballot box before opening it.\n(4) Second, the OIC shall arrange for an officer to—\n(a) open each ballot box; and\n(b) sort the ballot papers from each ballot box into separate parcels\nfor each electorate; and\n(c) in relation to the ballot papers for each electorate—\n(i) count all informal ballot papers, reject them from further\nscrutiny under this section, and place them in a separate\nparcel; and\n(ii) sort the unrejected ballot papers into separate parcels\naccording to the first preferences marked on them and\ncount the ballot papers in each parcel.\n(5) Third, the OIC shall, in relation to the ballot papers for each\nelectorate—\n(a) make out and sign a statement (countersigned by an officer and\neach scrutineer who wishes to do so) setting out—\n(ii) the number of informal ballot papers; and\n(b) transmit particulars of the numbers so recorded to the\ncommissioner, by telephone or other expeditious way; and\n(c) seal up the parcels, endorse on each a description of the contents\nand permit each scrutineer who wishes to do so to countersign\nthe endorsement; and\n\n(d) send the parcels to the commissioner without delay, together\nwith the statement referred to in paragraph (a).\n(6) Despite subsection (4) (b), the total number of ballot papers for a\nparticular electorate that are to be dealt with at a particular scrutiny\nunder this section shall not be fewer than 20.\n(7) If subsection (6) applies, the OIC shall—\n(a) count the number of those ballot papers; and\n(b) seal them in a separate parcel; and\n(c) endorse the parcel with a description of the contents (including\nthe number of ballot papers); and\n(d) send the parcel to another scrutiny centre, as directed by the\ncommissioner, for this part.\n(8) The OIC may arrange for preferences marked on paper ballot papers\nto be entered into the approved computer program.\n","sortOrder":211},{"sectionNumber":"183","sectionType":"section","heading":"First count—declaration ballot papers","content":"183 First count—declaration ballot papers\nAs soon as practicable after declaration vote ballot papers have been\nadmitted to a scrutiny under this section because of schedule 3 but not\nbefore the close of the poll for the election, the OIC for the relevant\nscrutiny centre shall arrange for the ballot papers to be dealt with in\naccordance with section 182 as if they were ordinary vote ballot\npapers.\n","sortOrder":212},{"sectionNumber":"183A","sectionType":"section","heading":"First count—electronic ballot papers","content":"183A First count—electronic ballot papers\nAs soon as practicable after the close of the poll for an election, the\nOIC for a scrutiny centre must arrange for preferences marked on an\nelectronic ballot paper to be entered into the approved computer\nprogram and for the electronic counting of the votes using the\nprogram.\n\n","sortOrder":213},{"sectionNumber":"184","sectionType":"section","heading":"Second count—first preferences","content":"184 Second count—first preferences\n(1) If preferences marked on paper ballot papers have not been entered\non the approved computer program under section 182 (8), the\ncommissioner shall—\n(a) arrange for an officer at a scrutiny centre to open the parcels\nreferred to in section 182 (5) (d) (including those to which that\nparagraph applies under section 183) and, so far as practicable,\nconduct a second scrutiny of the ballot papers in accordance\nwith section 182 (4) and (5); and\n(b) from the result of the second scrutiny, ascertain—\n(ii) the number of informal ballot papers for each electorate.\n(2) The commissioner must, using the approved computer program,\nascertain from the result of the first scrutiny of electronic ballot\npapers and any paper ballot papers from which preferences have been\nentered on the computer program under section 182 (8)—\n(a) the number of unrejected ballot papers on which a first\n(b) the number of informal ballot papers for each electorate.\n(3) For subsection (1), the officer conducting the second scrutiny may\nreverse a decision made at the scrutiny under section 182.\n","sortOrder":214},{"sectionNumber":"185","sectionType":"section","heading":"Ascertaining result of poll","content":"185 Ascertaining result of poll\n(1) The commissioner shall arrange for—\n(a) the further scrutiny of the ballot papers referred to in section 184\n(1) (b) (i) and (2) (a); and\n(b) the ascertainment of the successful candidates;\nin accordance with schedule 4.\n\n(2) If it is necessary to do so for schedule 4, the commissioner shall—\n(a) determine the numbers of ballot papers or votes; or\n(b) calculate a quota or transfer value; or\n(c) identify a candidate.\n","sortOrder":215},{"sectionNumber":"186","sectionType":"section","heading":"Objections by scrutineers","content":"186 Objections by scrutineers\n(1) If a scrutineer objects to a ballot paper as being informal, the officer\nconducting the scrutiny shall mark the ballot paper ‘admitted’ or\n‘rejected’ according to the officer’s decision to admit or reject the\nballot paper.\n(2) Subsection (1) shall not be taken to prevent the officer from rejecting\na ballot paper as being informal if there is no objection by a scrutineer.\n","sortOrder":216},{"sectionNumber":"187","sectionType":"section","heading":"Recount of ballot papers","content":"187 Recount of ballot papers\n(1) The commissioner may, at any time before the declaration of the\nresult of an election, arrange for a recount of some or all of the ballot\npapers for the election—\n(a) on the commissioner’s own initiative; or\n(b) on application under section 187A by a candidate for the\n(2) The commissioner must, if directed by the electoral commission\nunder section 187B (Review of decision of commissioner to refuse to\narrange for recount), arrange for a recount of some or all of the ballot\npapers for the election.\n(3) In recounting ballot papers, the commissioner—\n(a) may reverse a decision made earlier in the scrutiny; but\n(b) must deal with the ballot papers in a way that is consistent with\nthis part.\n\n(4) Before a recount is conducted, the commissioner must tell each\ncandidate, in writing, the date, time and place fixed for the recount.\n","sortOrder":217},{"sectionNumber":"187A","sectionType":"section","heading":"Application for recount of ballot papers etc","content":"187A Application for recount of ballot papers etc\n(1) A candidate for an election may apply to the commissioner for a\nrecount of some or all of the ballot papers for the election.\n(2) The application must—\n(b) set out the reasons for the requested recount.\n(3) The commissioner must—\n(a) arrange for the requested recount; or\n(b) refuse to arrange for the requested recount.\n","sortOrder":218},{"sectionNumber":"187B","sectionType":"section","heading":"Review of decision of commissioner to refuse to arrange","content":"187B Review of decision of commissioner to refuse to arrange\nfor recount\n(a) a candidate for an election applies to the commissioner under\nsection 187A for a recount of some or all of the ballot papers for\nan election (the requested recount); and\n(b) the commissioner refuses to arrange for the requested recount.\n(2) The candidate may apply to the electoral commission for review of\nthe commissioner’s decision.\n(3) The application to the electoral commission must—\n(b) set out the applicant’s reasons for making the application.\n(4) On review of the decision, the electoral commission may—\n(a) confirm the commissioner’s decision; or\n\n(b) set the decision aside and direct the commissioner to arrange\nfor—\n(i) the requested recount; or\n(ii) another recount of some or all of the ballot papers.\n(5) In considering the application, the electoral commission may have\nregard to the commissioner’s reasons for refusing to arrange for the\nrequested recount.\n(6) Unless the decision to refuse to arrange for the requested recount was\nmade by a delegate of the commissioner, the commissioner must\nnot—\nin relation to the application; or\nto the application.\n","sortOrder":219},{"sectionNumber":"187C","sectionType":"section","heading":"Recount of electronic scrutiny of ballot papers","content":"187C Recount of electronic scrutiny of ballot papers\n(1) This section sets out the alternative ways in which a recount of the\nelectronic scrutiny of ballot papers may be conducted.\n(2) The recount may be conducted by recounting data from electronic\nballot papers kept on a backup copy of electronic data produced by\nan approved electronic device or approved computer program.\n(3) If an approved computer program is used to find out the result of a\nscrutiny, the recount may be conducted—\n(a) by rerunning the program; or\n(b) by reloading the data into a different copy of the program and\nrunning the program.\n\n(4) If practicable, the recount may be conducted—\n(a) by re-examining the accuracy of any preference data entered\ninto the computer program from paper ballot papers; or\n(b) by conducting—\n(i) a partial or full manual scrutiny of paper ballot papers from\nwhich preference data has been entered into the computer\nprogram; or\n(ii) a combination of manual scrutiny of those paper ballot\npapers and a computerised scrutiny of electronic ballot\npapers.\n","sortOrder":220},{"sectionNumber":"188","sectionType":"section","heading":"Reservation of disputed ballot papers","content":"188 Reservation of disputed ballot papers\n(1) The officer conducting a recount—\n(a) may, if the officer considers appropriate; and\n(b) shall, at the request of any scrutineer;\nreserve any ballot paper for the decision of the commissioner.\n(2) The commissioner shall decide whether any ballot paper so reserved\nis to be admitted or rejected.\n","sortOrder":221},{"sectionNumber":"189","sectionType":"section","heading":"Declaration of result of election","content":"189 Declaration of result of election\n(1) As soon as practicable after the result of the poll in an election has\nbeen ascertained, the commissioner shall—\n(a) declare elected each successful candidate ascertained in\naccordance with schedule 4;\n(b) declare the result of the election; and\n(c) notify the clerk of the Assembly of the names of the candidates\nelected.\n\n(2) The declaration shall be made in public at the place of nomination\nduring ordinary office hours.\n(3) If a day is polling day for 2 or more elections, the results of all the\nelections shall be declared, so far as practicable, on the same day.\n(4) If a poll is not required for an election, a declaration under\nsection 111 (1) or 112 shall not be made before the day that would\nhave been polling day for the election.\n\n","sortOrder":222},{"sectionNumber":"190","sectionType":"section","heading":"Definitions for pt 13","content":"190 Definitions for pt 13\nformer MLA, in relation to a casual vacancy, means the person who\nwas elected to the seat in which the vacancy has occurred at the last\nelection before the vacancy occurred.\nSpeaker includes—\n(a) if there is a vacancy in the office of Speaker—the Deputy\nSpeaker; and\n(b) if there is a vacancy in the offices of Speaker and Deputy\nSpeaker—the clerk of the Legislative Assembly.\n","sortOrder":223},{"sectionNumber":"191","sectionType":"section","heading":"Notice of casual vacancy","content":"191 Notice of casual vacancy\n(a) the Speaker notifies the commissioner, in writing, that the seat\nof an MLA has become vacant otherwise than because of—\n(i) the dissolution of the Assembly; or\n(ii) the expiry of the term for which MLAs were elected at an\nelection; or\n(iii) the failure or partial failure of an election; and\n(b) the commissioner is satisfied that it is practicable to fill the\nvacancy in accordance with section 194.\n(2) The commissioner must give public notice of the following—\n(a) that there is a casual vacancy in the Assembly;\n(b) that a person may apply to be a candidate in accordance with\nsection 192;\n\n(c) in accordance with section 192—the time and day applications\nclose;\n(d) if required under section 194—the time and place for a recount\nof the ballot papers counted for the former MLA at the last\nelection at which the former MLA was elected.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(3) The commissioner must, so far as practicable, give a copy of the\npublic notice to any person who, in the opinion of the commissioner,\nmay be entitled to make an application under section 192 in relation\nto the vacancy.\n(4) The commissioner must tell the Speaker if the commissioner is not\nsatisfied that it is practicable to fill the vacancy in accordance with\nsection 194.\n","sortOrder":224},{"sectionNumber":"192","sectionType":"section","heading":"Candidates for casual vacancy","content":"192 Candidates for casual vacancy\n(1) A person may apply to be a candidate for a seat to which a casual\nvacancy has occurred if the person—\n(a) was a candidate at the last election for the electorate in which\nthe vacancy has occurred; and\n(b) was not elected; and\n(c) is an eligible person.\n(2) An application under subsection (1) shall—\n(a) contain—\n(i) a statement by the applicant that the applicant consents to\nbe an MLA if elected; and\n(ii) a declaration by the applicant, made in the presence of an\nelector, that the applicant is an eligible person; and\n\n(iii) the signature of the applicant and of the elector who\nwitnessed the applicant’s declaration; and\n(b) reach the commissioner before noon on the 10th day after the\nday on which public notice of the vacancy was given under\nsection 191 (2).\n(3) An applicant may withdraw their application by giving the\ncommissioner written notice of withdrawal before applications close.\n(4) The commissioner shall reject a purported application that is not\nsubstantially in accordance with subsection (2) and give the person in\nrelation to whom it was made written notice setting out the reasons\nfor the rejection.\neligible person means a person who—\n(a) is eligible to be an MLA; or\n(b) would, apart from section 103 (2) (b), be eligible to be an MLA.\n","sortOrder":225},{"sectionNumber":"193","sectionType":"section","heading":"Publication of candidates’ details","content":"193 Publication of candidates’ details\n(1) If 1 or more persons have applied to be a candidate in accordance with\nsection 192, the commissioner shall, as soon as practicable after the\nclose of applications—\n(a) publicly produce all the applications and declare each person\nwho has duly applied to be a candidate; and\n(b) arrange for a notice containing particulars relating to each\ncandidate (other than any suppressed address) to be displayed at\nthe office of the commissioner.\n\n(2) If there are no candidates in relation to a casual vacancy, the\ncommissioner shall declare that there are no candidates and inform\nthe Speaker accordingly.\n","sortOrder":226},{"sectionNumber":"194","sectionType":"section","heading":"Determination of candidate to fill vacancy","content":"194 Determination of candidate to fill vacancy\n(1) If there is only 1 candidate in relation to a casual vacancy, the\ncommissioner shall declare the candidate elected.\n(2) If there is more than 1 candidate in relation to a casual vacancy, the\ncommissioner must, after making a declaration under\nsection 193 (1) (a), conduct the recount in accordance with\nschedule 4, part 4.3.\n(3) The recount must be conducted, as far as practicable, at the time and\nplace stated for the recount in the notice under section 191 (2).\n(4) The commissioner shall declare elected the successful candidate\nascertained in accordance with schedule 4, part 4.3.\n(5) This Act applies, so far as practicable, to a recount under\nsubsection (2) as if it were a scrutiny under part 12.\n","sortOrder":227},{"sectionNumber":"195","sectionType":"section","heading":"Assembly nominees","content":"195 Assembly nominees\n(a) the commissioner informs the Speaker that a casual vacancy has\nnot been filled for a reason specified in section 191 (4)\nor 193 (2); and\n(b) the Speaker notifies the commissioner that the Assembly has\nchosen a person to hold the vacant office as an MLA for the rest\nof the term of the former MLA;\nthe commissioner shall declare elected the person chosen.\n(2) If the name of the former MLA appeared on the ballot paper for the\nlast election as a party candidate, the person chosen to hold the vacant\noffice shall be a member of the party who is nominated by the party.\n\n(3) If a person chosen in accordance with subsection (2) ceases to be a\nmember of the party before the Assembly next meets after the\ndeclaration under subsection (1), the person shall be taken not to have\nbeen chosen.\n(4) If—\n(a) the name of the former MLA appeared on the ballot paper for\nthe last election as a candidate other than a party candidate; or\n(b) if subsection (2) would otherwise apply—there is no member of\nthe relevant party available to be chosen;\nthe person chosen shall be a person who has not been a member of a\nregistered party at any time during 12 months immediately before the\ntime when the choice is made.\n(5) If a person chosen in accordance with subsection (4) becomes a\nmember of a registered party before the Assembly next meets after\nthe declaration under subsection (1), the person shall be taken not to\nhave been chosen.\n(6) For subsection (3), a person shall not be taken to have ceased to be a\nmember of a registered party merely because the party has ceased to\nexist or has been removed from the register of political parties.\n","sortOrder":228},{"sectionNumber":"196","sectionType":"section","heading":"Term of office of MLA declared elected under pt 13","content":"196 Term of office of MLA declared elected under pt 13\nThe term of office of an MLA declared elected under—\n(a) section 194 (1) or (4); or\n(b) section 195 (1);\nbegins at the end of the day when the election of the MLA is declared\nand, unless sooner ended by resignation or disqualification, or by\ndissolution of the Assembly, ends on the polling day for the next\n\n","sortOrder":229},{"sectionNumber":"197","sectionType":"section","heading":"Dissolution or pre-election period","content":"197 Dissolution or pre-election period\nThe commissioner shall not take any action, or any further action,\nunder this part in relation to a casual vacancy after the Assembly is\ndissolved or a pre-election period begins in relation to the electorate\nin which the casual vacancy has occurred.\n\n","sortOrder":230},{"sectionNumber":"Part 14","sectionType":"part","heading":"Election funding, expenditure","content":"Part 14 Election funding, expenditure\nand financial disclosure\n","sortOrder":231},{"sectionNumber":"198","sectionType":"section","heading":"Definitions for pt 14","content":"198 Definitions for pt 14\namount includes value.\nassociated entity means an entity that—\n(a) is controlled by 1 or more parties or MLAs; or\n(b) operates, completely or to a significant extent, for the benefit of\n1 or more registered parties or MLAs.\nAustralian government body means—\n(a) a government agency; or\n(b) a Commonwealth, State or local government (another\nAustralian government); or\n(c) an authority of another Australian government; or\n(d) a corporation in which another Australian government has a\ncontrolling interest.\nNote 1 Government agency—see the dictionary.\nNote 2 State includes the Northern Territory (see Legislation Act, dict, pt 1).\ncalled, an extraordinary election is called on—\n(a) for an extraordinary election mentioned in section 101 (1) (a) or\n(b)—the day the notice under the Self-Government Act,\nsection 16 or section 48 is published in the Commonwealth\ngazette; or\n\n(b) for an extraordinary election mentioned in section 101 (1) (c) or\n(d)—the day the determination under section 101 (2) or (3) is\nnotified under the Legislation Act.\ncapped expenditure period means—\n(a) for an ordinary election—the period starting on 1 January in the\nyear in which the ordinary election is to be held and ending on\npolling day for the election; or\n(b) for an extraordinary election—the period starting on the day the\nextraordinary election is called and ending on polling day for the\ndisclosure period—see section 201.\nelectoral advertisement means an advertisement containing electoral\nmatter, whether or not consideration was given for its publication or\nbroadcast.\nelectoral expenditure, in relation to an election—\n(a) means expenditure incurred on—\n(i) broadcasting an electoral advertisement; or\n(ii) publishing an electoral advertisement; or\n(iii) displaying an electoral advertisement at a theatre or other\nplace of entertainment; or\n(iv) producing an electoral advertisement mentioned in\nsubparagraph (i), (ii) or (iii); or\n(v) producing, broadcasting, publishing, displaying or\ndistributing any electoral matter (other than material\nmentioned in subparagraph (i), (ii) or (iii))—\n(A) to which section 292 applies, or would apply but for\nsection 294 (1) (a), (b), (e), (f), (g), (h), (i), or (j); and\n\n(B) that is not paid for by the Legislative Assembly or the\nTerritory; or\n(vi) consultant’s or advertising agent’s fees in relation to—\n(A) services relating to electoral matter mentioned in\nsubparagraph (i) to (v); or\n(B) material relating to electoral matter mentioned in\nsubparagraph (i) to (v); or\n(vii) carrying out an opinion poll or other research undertaken\nto support the production of electoral matter mentioned in\nsubparagraph (i) to (vi); but\n(b) does not include administrative expenditure.\neligible vote, in relation to an election, means a first preference\nrecorded on a formal ballot paper in the election.\nentity means—\n(a) an incorporated or unincorporated body; or\n(b) a trustee of a trust.\nfinancial controller, in relation to an associated entity, means—\n(a) if the entity is a company—the secretary of the company; or\n(b) if the entity is the trustee of a trust—the trustee; or\n(c) in any other case—the person responsible for maintaining the\nfinancial records of the entity.\nfinancial institution means—\n(a) a bank; or\n(b) a credit union; or\n(c) a building society; or\n(d) an entity prescribed under the regulations.\n\nfinancial representative means—\n(a) for a party grouping—the reporting agent of the party; or\n(b) for a non-party MLA—the MLA; or\n(c) for a non-party candidate grouping—the candidate; or\n(d) for a non-party prospective candidate grouping—the\nprospective candidate; or\n(e) for an associated entity—the entity’s financial controller; or\n(f) for a third-party campaigner—\n(i) if the third-party campaigner is an individual—the\nthird-party campaigner; or\n(ii) in any other case—the person responsible (however\ndescribed) for the management of the third-party\ncampaigner.\nfree facilities use means a gift of the use of facilities for a routine\nmeeting of the receiver of the gift and—\n(a) includes the use of a room and anything reasonably necessary\nfor the conduct of the meeting in the room; but\n(b) does not include any food, drink or other gift associated with the\nuse of the facilities.\nExamples—things reasonably necessary for conduct of meeting in room\ntables, chairs, photocopier, microphone, computer\ngift—see section 198AA.\nincurs electoral expenditure—see section 202A.\nindex number, for a quarter, means the all groups consumer price\nindex number, being the weighted average of the 8 capital cities,\npublished by the Australian statistician for that quarter.\n\nloan means any of the following:\n(a) an advance of money;\n(b) a provision of credit or any other form of financial\naccommodation;\n(c) a payment of an amount for, on account of, on behalf of or at the\nrequest of the receiver, if there is an express or implied\nobligation to repay the amount;\n(d) a transaction (whatever its terms or form) that is, in substance, a\nloan of money.\nnon-party candidate grouping means—\n(a) a candidate for an election who is not a party candidate; and\n(b) any other person who has incurred electoral expenditure with the\nauthority of the candidate to support the candidate in contesting\nthe election.\nnon-party MLA means an MLA who is not a member of a party.\nnon-party prospective candidate grouping means—\n(a) a prospective candidate for an election who is not a prospective\ncandidate for a party; and\n(b) any other person who has incurred electoral expenditure with the\nauthority of the prospective candidate to support the prospective\ncandidate in contesting the election.\nparty means a registered party.\nparty grouping means—\n(a) a party; and\n(b) an MLA for the party; and\n(c) a candidate for the party; and\n(d) a prospective candidate for the party.\n\nperson includes an unincorporated association.\nNote Person includes a corporation (see Legislation Act, s 160).\nprospective candidate—a person is a prospective candidate for an\nelection if—\n(a) the person has—\n(i) won party preselection, or endorsement, to be a candidate\nfor the party for the election; or\n(ii) publicly announced that the person intends to be a\ncandidate for the election; or\n(iii) been nominated to be a candidate for the election under\nsection 105 and the nomination has not been cancelled\nunder section 107 or rejected under section 110; and\n(b) the commissioner has not declared the candidates for the\nelection under section 109.\nregister means—\n(a) in relation to a reporting agent appointed by a party or MLA—\nthe register of party and MLA reporting agents kept under\nsection 205 (1); or\n(b) in relation to a reporting agent appointed by a candidate—the\nregister of candidate reporting agents kept under section 205 (2).\nregistered industrial organisation means an organisation registered\nunder the Fair Work (Registered Organisations) Act 2009 (Cwlth) or\nunder a law of a State providing for the registration of industrial\norganisations.\n\nreporting agent, for a party, MLA or candidate, means—\n(a) a person appointed by the party, MLA or candidate under\nsection 203 (Appointed agents) and whose registration under\nsection 205 (Registers of reporting agents) has not been\ncancelled; or\n(b) the person taken to be the reporting agent for the party, MLA or\ncandidate under section 204 (Non-appointed agents).\nthird-party campaigner—\n(a) means a person or entity that incurs $1 000 or more in electoral\nexpenditure in the disclosure period for an election; but\n(b) does not include the following:\n(i) a party, MLA, associated entity, candidate, prospective\ncandidate, party grouping, non-party candidate grouping or\nnon-party prospective candidate grouping;\n(ii) a broadcaster;\n(iii) a publisher of a news publication (except a publication\npublished for, or for the benefit of, an entity mentioned in\nsubparagraph (i));\n(iv) an Australian government body;\n(v) the Legislative Assembly.\n","sortOrder":232},{"sectionNumber":"198A","sectionType":"section","heading":"Reference to things done by party etc","content":"198A Reference to things done by party etc\nIn this part, a reference to something done by or with the authority of\na party is, if the party is not a corporation, a reference to things being\ndone by or with the authority of members of the party on behalf of\nthe party.\n\n198AA Meaning of gift—pt 14\n(1) For this part, each of the following is a gift:\n(a) a disposition of property made by a person to another person\nwithout consideration in money or money’s worth or with\ninadequate consideration;\n(b) the provision of a service (other than volunteer labour) for no\nconsideration or inadequate consideration.\n(2) For this part, if an annual subscription paid to a party by a person for\nthe person’s membership of the party is more than $250—the amount\nof the subscription that is more than $250 is a gift.\n(3) However, for this part, none of the following is a gift:\n(a) a disposition of property under a will;\n(b) an annual subscription for membership of a party of $250 or less;\n(c) if an annual subscription for membership of a party is more than\n$250—the first $250 of the subscription;\n(d) a gift mentioned in subsection (1) if—\n(i) the gift is given to an individual in a private capacity for\nthe individual’s personal use; and\n(ii) the individual does not use the gift solely or substantially\nfor a purpose related to an election;\n(e) a payment under division 14.3 (Election funding) or\ndivision 14.3A (Administrative expenditure funding).\ndisposition of property means any conveyance, transfer, assignment,\nsettlement, delivery, payment or other alienation of property, and\nincludes—\n(a) the allotment of shares in a company; and\n\n(b) the creation of a trust in property; and\n(c) the grant or creation of any lease, mortgage, charge, servitude,\nlicence, power, partnership or interest in property; and\n(d) the release, discharge, surrender, forfeiture or abandonment (at\nlaw or in equity) of any debt, contract or thing in action or of\nany interest in property; and\n(e) the exercise by a person of a general power of appointment of\nproperty in favour of any other person; and\n(f) a transaction entered into by a person with intent to diminish\n(directly or indirectly) the value of the person’s own property\nand to increase the value of the property of any other person.\nproperty includes money.\nvolunteer labour—\n(a) for a member of a party—a member of a party provides\nvolunteer labour to the party if the person provides a service to\nthe party for no consideration or for inadequate consideration;\nor\n(b) in any other case—a person provides volunteer labour to\nsomeone else (the recipient) if the person provides a service to\nthe recipient for no consideration or for inadequate\nconsideration, other than a service for which the person usually\ncharges a fee.\n","sortOrder":233},{"sectionNumber":"198B","sectionType":"section","heading":"Candidate remains candidate after election","content":"198B Candidate remains candidate after election\nFor this part, a candidate is taken to remain a candidate for 30 days\nafter the election in which the person was a candidate.\n\n","sortOrder":234},{"sectionNumber":"199","sectionType":"section","heading":"Related bodies corporate","content":"199 Related bodies corporate\n(1) For this part, bodies corporate that are related shall be taken to be the\nsame person.\n(2) In subsection (1):\nrelated, in relation to 2 bodies corporate, means that one body\ncorporate is—\n(a) a holding company; or\n(b) a subsidiary; or\n(c) a subsidiary of a holding company;\nof the other body corporate.\n","sortOrder":235},{"sectionNumber":"200","sectionType":"section","heading":"Activities of candidates and prospective candidates","content":"200 Activities of candidates and prospective candidates\nFor this part, gifts received, expenditure incurred, and amounts\nreceived, paid or owed, by or on behalf of a party candidate or\nprospective candidate for a party in relation to the candidate’s or\nprospective candidate’s campaign, the party or an election, are taken\nto be received, incurred, paid or owed by the party.\n","sortOrder":236},{"sectionNumber":"201","sectionType":"section","heading":"Disclosure periods","content":"201 Disclosure periods\n(1) For this part, the disclosure period in relation to an election is the\nperiod beginning on the disclosure day and ending at the end of the\n30th day after polling day.\n(2) In subsection (1):\ndisclosure day, in relation to an election, means—\n(a) for a candidate who was a candidate in an election the polling\nday for which was within 5 years before polling day for the\nfirstmentioned election—the 31st day after polling day for the\nlast election before the firstmentioned election; or\n\n(b) for a candidate to whom paragraph (a) does not apply—\n(i) if the candidate won party preselection, or endorsement,\nfor the election—the day when preselection, or\nendorsement, was won; or\n(ii) in any other case—the earlier of the following days:\n(A) the day when the person publicly announced that\nthey would be a candidate in the election; or\n(B) the day when the person was nominated in\naccordance with section 105; or\n(c) for a third-party campaigner—the 31st day after polling day for\nthe last previous election.\n","sortOrder":237},{"sectionNumber":"202","sectionType":"section","heading":"Gifts—determination of amounts","content":"202 Gifts—determination of amounts\nFor this part, the regulations may prescribe principles for determining\nthe amount of a gift that consists of, or includes, a disposition of\nproperty other than money.\n","sortOrder":238},{"sectionNumber":"202A","sectionType":"section","heading":"When person or entity incurs electoral expenditure—pt 14","content":"202A When person or entity incurs electoral expenditure—pt 14\nFor this part, a person or entity incurs electoral expenditure when the\nservice or product to which the expenditure relates is provided or\ndelivered.\nExamples\n1 Electoral expenditure on an electoral advertisement is incurred when the\nadvertisement is broadcast.\n2 Electoral expenditure on electoral matter is incurred when the matter is\ndistributed.\n3 Electoral expenditure on an electoral matter published on a website is incurred\nwhen the matter is first published on the website.\n\nReporting agents Division 14.2\n","sortOrder":239},{"sectionNumber":"203","sectionType":"section","heading":"Appointed agents","content":"203 Appointed agents\n(1) A party, MLA or candidate may appoint up to 2 reporting agents.\n(2) The appointment of a reporting agent under subsection (1) has no\neffect unless—\n(a) the person appointed is an adult; and\n(b) written notice of the appointment is given to the\ncommissioner—\n(i) if the appointment is made by a party—by the secretary of\nthe party; or\n(ii) in any other case—by the MLA or candidate making the\nappointment; and\n(c) the name, address and date of birth of the person appointed are\nset out in the notice; and\n(d) the person appointed has consented in writing to the\nappointment.\n(3) The appointment of a reporting agent ends—\n(a) for a person taken to be a reporting agent under subsection (4)\nor section 204 (2)—if the person resigns from the position with\nthe commissioner’s consent; or\n(b) in any other case—\n(i) if the party, MLA or candidate gives the commissioner\nwritten notice stating that the appointment has ended; or\n(ii) if the reporting agent gives the commissioner written\nnotice stating that they have resigned.\n\n(4) If a party ceases to be registered under part 7 (Registration of political\nparties) and, immediately before it ceased to be registered, a person\nwas its reporting agent under subsection (1), the person is taken to\ncontinue to be its reporting agent as if it had continued to be\nregistered.\n(5) A person taken to be a reporting agent in accordance with subsection\n(4) or section 204 (2) is taken to continue in the position until the\nperson resigns from the position with the commissioner’s consent.\n","sortOrder":240},{"sectionNumber":"204","sectionType":"section","heading":"Non-appointed agents","content":"204 Non-appointed agents\n(1) If there is no appointment in force under section 203 (Appointed\nagents) in relation to a party, the registered officer of the party is taken\nto be its reporting agent.\n(2) If a party ceases to be registered under part 7 (Registration of political\nparties) and no-one is taken under section 203 (4) to be its reporting\nagent, the person who was its registered officer immediately before it\nceased to be registered is taken to be its reporting agent as if it had\ncontinued to be registered.\n(3) If there is no appointment under section 203 in force in relation to an\nMLA, the MLA shall be taken to be their own reporting agent.\n(4) If there is no appointment under section 203 in force in relation to a\ncandidate, the candidate shall be taken to be their own reporting\nagent.\n","sortOrder":241},{"sectionNumber":"205","sectionType":"section","heading":"Registers of reporting agents","content":"205 Registers of reporting agents\n(1) The commissioner must keep a register called the register of party and\nMLA reporting agents.\n(2) The commissioner shall keep a register called the register of\ncandidate reporting agents.\n\nLimitations on electoral expenditure Division 14.2B\n(3) The commissioner shall register the name and address of each\nreporting agent appointed in accordance with section 203 in the\nappropriate register.\n(4) The commissioner shall cancel the registration of a reporting agent\nif—\n(a) the commissioner receives written notice under section 203 (3);\nor\n(b) it comes to the commissioner’s notice that the person can no\nlonger exercise the functions of a reporting agent.\n(5) If a registered reporting agent dies, the MLA, candidate or secretary\nof the party, that appointed the agent must give the commissioner\nwritten notice within 28 days after the day of the death.\n","sortOrder":242},{"sectionNumber":"205C","sectionType":"section","heading":"Meaning of electoral expenditure—div 14.2B","content":"205C Meaning of electoral expenditure—div 14.2B\n(1) For this division, electoral expenditure, in relation to an election,\ndoes not include exempt expenditure.\nexempt expenditure means any expenditure for translated electoral\nmatter up to a total of not more than 12.5% of the expenditure cap.\nexpenditure, for translated electoral matter, means expenditure\nincurred on a translation service for the production of translated\nelectoral matter.\ntranslated electoral matter means any electoral matter if at least 50%\nof the matter is broadcast, published or displayed in a language other\nthan English.\n\n","sortOrder":243},{"sectionNumber":"205D","sectionType":"section","heading":"Meaning of expenditure cap—div 14.2B","content":"205D Meaning of expenditure cap—div 14.2B\nFor this division, the expenditure cap is—\n(a) for an election held in 2016—$40 000; or\n(b) for an election held in a later year—the amount declared under\nsection 205E for the year.\n","sortOrder":244},{"sectionNumber":"205E","sectionType":"section","heading":"Working out indexation for expenditure cap","content":"205E Working out indexation for expenditure cap\n(1) The commissioner must, not later than 1 December in a year, declare\nan amount for section 205D for the following year.\n(2) The amount must be worked out as follows:\nEC + (EC × CPI percentage increase)\nCPI percentage increase, for a year, means the annual percentage\nincrease in the CPI from the September quarter of the previous year\nto the September quarter of the year the calculation is made.\nEC means the expenditure cap for the year the calculation is made.\n(3) If the calculation in subsection (2) results in a reduction of the\nexpenditure cap, the amount declared must be the same amount as the\nexpenditure cap in the previous year.\n(4) If the calculation in subsection (2) results in an expenditure cap that\nis not a multiple of $5, the amount declared must be rounded up to\nthe next whole dollar amount that is a multiple of 5.\n(5) A declaration is a notifiable instrument.\nCPI means the all groups consumer price index number, being the\nweighted average of the 8 capital cities, published by the Australian\nstatistician.\n\nLimitations on electoral expenditure Division 14.2B\n","sortOrder":245},{"sectionNumber":"205F","sectionType":"section","heading":"Limit on electoral expenditure—party groupings","content":"205F Limit on electoral expenditure—party groupings\n(1) This section applies to electoral expenditure in relation to an election\nthat is incurred by or on behalf of a party grouping in the capped\nexpenditure period for the election.\n(2) The electoral expenditure must not exceed the expenditure cap for the\nelection multiplied by the sum of, for each electorate, the lesser of—\n(a) 5; and\n(b) the number of candidates for the party for election in the\n(3) If the electoral expenditure exceeds the amount allowed under\nsubsection (2), the party grouping is liable to pay a penalty to the\nTerritory equal to twice the amount by which the electoral\nexpenditure exceeds the amount allowed under subsection (2).\n(4) The commissioner may recover an amount payable under\nsubsection (3) from the party.\n","sortOrder":246},{"sectionNumber":"205G","sectionType":"section","heading":"Limit on electoral expenditure—MLAs, associated","content":"205G Limit on electoral expenditure—MLAs, associated\nentities, candidates and third-party campaigners\n(1) This section applies to electoral expenditure in relation to an election\nthat is incurred by or on behalf of any of the following (an expender)\nin the capped expenditure period for the election:\n(a) a non-party MLA;\n(b) an associated entity;\n(c) a non-party candidate grouping;\n(d) a third-party campaigner.\n(2) The electoral expenditure must not exceed the expenditure cap for the\n\n","sortOrder":247},{"sectionNumber":"Div 14","sectionType":"division","heading":"2C Limit on spending—payments from related party","content":"Division 14.2C Limit on spending—payments from related party\n(3) If the electoral expenditure exceeds the expenditure cap for the\nelection, the expender is liable to pay a penalty to the Territory equal\nto twice the amount by which the electoral expenditure exceeds the\nexpenditure cap for the election.\n(4) The commissioner may recover an amount payable under\nsubsection (3) from—\n(a) if the expender is a non-party candidate grouping—the\nnon-party candidate; or\n(b) for any other expender—the expender.\nDivision 14.2C Limit on spending—payments from\nrelated party\n","sortOrder":248},{"sectionNumber":"205K","sectionType":"section","heading":"Limit on spending—payments from related party","content":"205K Limit on spending—payments from related party\n(1) This section does not apply to payments made to a party under this\nAct, or a corresponding Act of the Commonwealth or a State.\n(2) The party must not, in a financial year, spend more than $10 000 of\nthe payment or payments on electoral expenditure in relation to an\nNote Election—see the dictionary.\n(3) If the party contravenes subsection (2), an amount equal to twice the\namount by which the spending exceeds $10 000 is payable to the\nTerritory.\n(4) However, if the party returns the amount by which the spending\nexceeds $10 000 within 30 days after the amount is spent, no amount\nis payable to the Territory.\n\nElection funding Division 14.3\n","sortOrder":249},{"sectionNumber":"206","sectionType":"section","heading":"Who eligible votes are cast for","content":"206 Who eligible votes are cast for\nFor this division, an eligible vote cast for a party candidate is taken to\nbe cast for the party and not for the candidate.\n","sortOrder":250},{"sectionNumber":"207","sectionType":"section","heading":"Entitlement to funds","content":"207 Entitlement to funds\n(1) The prescribed amount is payable for each eligible vote cast for a\ncandidate or party in an election.\nNote Payment under this division is subject to a threshold requirement\n(see s 208).\n(2) The prescribed amount is—\n(a) for an election held in the 6-month period beginning on\n1 July 2016—$8; and\n(b) for an election held in a subsequent 6-month period—the\nprescribed amount for the period worked out under this section.\n(3) The commissioner must work out the prescribed amount for the\n6-month period beginning on 1 January 2013 and for each subsequent\n6-month period.\n(4) The prescribed amount must be worked out as follows:\n(a) for a 6-month period beginning on 1 January—\nP × INS\nINM\n(b) for a 6-month period beginning on 1 July—\nP × INM\nINS\nINM means the index number for the previous March quarter.\nINS means the index number for the previous September quarter.\n\nP means the prescribed amount for the previous 6-month period.\n(5) The prescribed amount, and each number used to work out the\nprescribed amount, must be worked out—\n(a) if the amount or number, if worked out to 4 decimal places,\nwould end with a number greater than 4—to 3 decimal places\nand increased by 0.001; and\n(b) in any other case—to 3 decimal places.\n(6) If the Australian statistician publishes an index number for a quarter\nin substitution for an index number previously published for that\nquarter, the commissioner must disregard the publication of the later\nindex number for this section.\n(7) However, if the Australian statistician changes the reference base for\nthe consumer price index, then, in applying this section after the\nchange, the commissioner must have regard only to index numbers\npublished in terms of the new reference base.\n","sortOrder":251},{"sectionNumber":"208","sectionType":"section","heading":"Threshold","content":"208 Threshold\n(1) A payment under this division may only be made for the votes cast\nfor a candidate in an election if the number of eligible votes cast in\nthe candidate’s favour is at least 4% of the number of eligible votes\ncast in the election by the electors of the electorate for which the\ncandidate was nominated.\n(2) A payment under this division may only be made for the votes cast\nfor a party in an election by the electors of an electorate if the number\nof eligible votes cast in the party’s favour is at least 4% of the number\nof eligible votes cast by those electors in that election.\n\nAdministrative expenditure funding Division 14.3A\n","sortOrder":252},{"sectionNumber":"212","sectionType":"section","heading":"Making of payments","content":"212 Making of payments\n(1) If an amount is payable under this division for votes cast in an election\nfor 1 or more candidates endorsed by a party, the commissioner must\nmake the payment to the registered officer of the party.\n(2) If an amount is payable under this division for votes cast in an election\nfor a candidate who was not endorsed by a party for the election, the\ncommissioner must make the payment to the candidate.\n(3) If a payment is made under this section and the recipient is not entitled\nto receive the whole or a part of the amount paid, the amount or the\npart of the amount may be recovered by the Territory as a debt due.\n","sortOrder":253},{"sectionNumber":"214","sectionType":"section","heading":"Death of candidate","content":"214 Death of candidate\n(1) If a candidate for whom eligible votes were cast in an election dies, a\npayment under this division in relation to the eligible votes cast for\nthe candidate may be made despite the death of the candidate.\n(2) If a candidate mentioned in subsection (1) was not endorsed by a party\nfor the election, the payment may be made to the legal personal\nrepresentative of the candidate.\n","sortOrder":254},{"sectionNumber":"215","sectionType":"section","heading":"Application voluntary","content":"215 Application voluntary\nNothing in this division shall be taken to require a person to accept\npayment of an amount payable under section 207.\n","sortOrder":255},{"sectionNumber":"215A","sectionType":"section","heading":"Period between polling day and declaration of poll","content":"215A Period between polling day and declaration of poll\nFor this division, a person is taken to have been an MLA between\npolling day for an election and the declaration of the poll for the\nelection if the person—\n(a) was an MLA whose term ended on the polling day; and\n(b) was declared re-elected on the declaration of the poll.\n\n","sortOrder":256},{"sectionNumber":"215B","sectionType":"section","heading":"Eligibility of party for payment for administrative","content":"215B Eligibility of party for payment for administrative\nA party is eligible for payment for administrative expenditure for a\nquarter if, for all or part of the quarter, at least 1 MLA is a member of\nthe party.\n","sortOrder":257},{"sectionNumber":"215C","sectionType":"section","heading":"Payment to eligible parties for administrative expenditure","content":"215C Payment to eligible parties for administrative expenditure\n(1) This section applies if a party is eligible for payment for\nadministrative expenditure for a quarter.\n(2) The commissioner must pay the party the quarterly entitlement of\neach MLA who was a member of the party in the quarter.\n(3) The quarterly entitlement of an MLA who was a member of the party\nin the quarter is worked out as follows:\nA × D\nQ\nA means—\n(a) for a quarter in 2012—$5 000; or\n(b) for a quarter in a later year—the quarterly amount for the year\ndeclared under section 215F.\nD means the number of days in the quarter that the MLA was a\nmember of the party.\nQ means the number of days in the quarter.\n","sortOrder":258},{"sectionNumber":"215D","sectionType":"section","heading":"Eligibility of non-party MLAs for payment for","content":"215D Eligibility of non-party MLAs for payment for\nadministrative expenditure\nA non-party MLA is eligible for payment for administrative\nexpenditure for a quarter if the MLA is an MLA for all or part of the\nquarter.\n\nAdministrative expenditure funding Division 14.3A\n","sortOrder":259},{"sectionNumber":"215E","sectionType":"section","heading":"Payment to non-party MLAs for administrative","content":"215E Payment to non-party MLAs for administrative\n(1) This section applies if a non-party MLA is eligible for payment for\nadministrative expenditure for a quarter.\n(2) The commissioner must pay the non-party MLA the MLA’s quarterly\nentitlement worked out as follows:\nA × D\nQ\nA means—\n(a) for a quarter in 2012—$5 000; or\n(b) for a quarter in a later year—the quarterly amount for the year\ndeclared under section 215F.\nD means the number of days in the quarter that the MLA is a\nnon-party MLA.\nQ means the number of days in the quarter.\n","sortOrder":260},{"sectionNumber":"215F","sectionType":"section","heading":"Working out indexation for administrative expenditure","content":"215F Working out indexation for administrative expenditure\n(1) The commissioner must declare a quarterly amount for a year for—\n(a) section 215C (3), definition of A, paragraph (b); and\n(b) section 215E (2), definition of A, paragraph (b).\n(2) The quarterly amount is worked out as follows:\nP × INS1\nINS2\nINS1 means the index number published for the September quarter in\nthe preceding year.\nINS2 means the index number published for the September quarter in\nthe year immediately before the preceding year.\n\nP means—\n(a) for 2013—$5 000; and\n(b) for a later year—the amount worked out under this subsection\nfor the preceding year.\n(3) However, if for a particular year the amount under subsection (2) is\nless than P, the amount for the year is P.\n(4) The quarterly amount, and each number used to work out the\nquarterly amount under subsection (2), must be worked out—\n(a) if the amount or number, if worked out to 3 decimal places,\nwould end with a number greater than 4—to 2 decimal places\nand increased by 0.01; or\n(b) in any other case—worked out to 2 decimal places.\n(5) If the Australian statistician publishes an index number for a quarter\nin substitution for an index number previously published for that\nquarter, the commissioner must disregard the publication of the later\nindex number for this section.\n(6) However, if the Australian statistician changes the reference base for\nthe consumer price index, then, in applying this section after the\nchange, the commissioner must have regard only to index numbers\npublished in terms of the new reference base.\n(7) A declaration is a notifiable instrument.\n\n","sortOrder":261},{"sectionNumber":"215G","sectionType":"section","heading":"Payments for administrative expenditure not to be used","content":"215G Payments for administrative expenditure not to be used\nfor electoral expenditure\n(1) If an amount is paid to a party or non-party MLA for administrative\nexpenditure under this division, the party or non-party MLA must not\nuse any part of the amount for electoral expenditure in relation to an\nACT, federal, state or local government election.\n(2) If a party or non-party MLA contravenes subsection (1), the party or\nMLA is liable to pay a penalty to the Territory equal to twice the\namount used.\n(3) The commissioner may recover an amount payable under\nsubsection (2) from the party or non-party MLA.\nDivision 14.4 Gifts and certain loans—records and\ndisclosure\n","sortOrder":262},{"sectionNumber":"215H","sectionType":"section","heading":"Application—div 14.4","content":"215H Application—div 14.4\n(1) This division does not apply to a gift that is returned to the giver\nwithin 30 days after its receipt.\n(2) However, if the gift is returned to the giver within 30 days after its\nreceipt, any return under this division that includes the amount or\nvalue of the gift must also include a statement that the gift was\nreturned to the giver.\n","sortOrder":263},{"sectionNumber":"216","sectionType":"section","heading":"Definitions—div 14.4","content":"216 Definitions—div 14.4\nanonymous gift means a gift for which the receiver does not know\nsome or all of the defined details.\n\ndefined details, for a gift, means—\n(a) for a gift given on behalf of the members of an unincorporated\nassociation, other than a registered industrial organisation—\n(i) the name of the association; and\ncommittee (however described) of the association; or\n(b) for a gift from a trust fund or the funds of a foundation—\n(ii) the name, title or description of the trust fund or\nfoundation; or\n(c) in any other case—the name and address of the person or\norganisation that gave the gift.\n","sortOrder":264},{"sectionNumber":"216A","sectionType":"section","heading":"Records of gifts","content":"216A Records of gifts\n(1) This section applies if a political entity receives a gift in the relevant\nperiod.\n(2) The financial representative of the entity must record the following\ninformation for the gift:\n(a) the day the gift is received;\n(b) the amount of the gift;\n(c) for a gift other than an anonymous gift—the defined details for\nthe gift;\n(d) for an anonymous gift—that the gift is an anonymous gift.\ngift does not include free facilities use.\n\nNote A gift received by or on behalf of a party candidate is taken to be received\nby the party (see s 200).\nrelevant period means—\n(a) for a party grouping, non-party MLA or associated entity—a\nfinancial year; and\n(b) for a non-party candidate grouping or non-party prospective\ncandidate grouping—the period—\n(i) if the candidate was a candidate at an election the polling\nday for which was within 5 years before polling day for the\nelection at which the candidate is a candidate—starting on\nthe 31st day after the polling day for the last election at\nwhich the candidate was a candidate; and\n(ii) in any other case—starting on the earlier of—\n(A) the day when the candidate publicly announced that\nthey would be a candidate in the election; and\n(B) the day when the candidate was nominated as a\ncandidate for the election in accordance with\nsection 105; and\n(iii) ending on the 30th day after polling day for the election.\n\n","sortOrder":265},{"sectionNumber":"216B","sectionType":"section","heading":"Regular disclosure of gifts","content":"216B Regular disclosure of gifts\n(1) This section applies if, in the relevant period, a political entity\nreceives a gift from a person that, together with any other gift given\nto the political entity by the person, is $1000 or more for the period.\n(2) The financial representative of the entity must give the commissioner\na return containing the information mentioned in section 216A (2) not\nlater than 7 days after the day the total amount received from the\nperson reaches $1000.\ngift—see section 216A (3).\npolitical entity—see section 216A (3).\nrelevant period—see section 216A (3).\n","sortOrder":266},{"sectionNumber":"217","sectionType":"section","heading":"Disclosure of gifts by non-party candidates","content":"217 Disclosure of gifts by non-party candidates\n(1) The reporting agent of a non-party candidate shall, within 60 days\nafter the polling day in the election, give the commissioner a return.\n(2) A return shall specify the following matters in relation to the\ndisclosure period for the election:\n(a) the total amount of any gifts received by the non-party candidate\ngrouping;\n(b) the number of persons who made gifts to the non-party candidate\ngrouping;\n(c) the date each gift was received;\n(d) the amount of each gift received;\n(e) the defined details of each gift received.\n\n(3) However, the reporting agent is not required to state the matters\nmentioned in subsection (2) (c) to (e) for a gift by a person if the\namount of the gift and the total of all other gifts made to the non-party\ncandidate grouping by the person is less than $1 000.\n","sortOrder":267},{"sectionNumber":"218A","sectionType":"section","heading":"Certain loans not to be received","content":"218A Certain loans not to be received\n(1) A party, MLA, candidate, third-party campaigner or associated entity\n(the receiver) must not receive a loan of $1 000 or more for electoral\nexpenditure from a person or entity (the giver) that is not a financial\ninstitution, unless the receiver complies with this section.\n(2) The receiver of the loan must immediately make a record of the\nfollowing:\n(a) the terms of the loan;\n(b) if the giver is a registered industrial organisation—\n(i) the name of the organisation; and\ncommittee (however described) of the organisation;\n(c) if the giver is an unincorporated body—\n(i) the name of the body; and\ncommittee (however described) of the body;\n(d) if the loan was paid out of a trust fund or the funds of a\nfoundation—\n(ii) the title or other description of the trust fund, or the name\nof the foundation;\n(e) in any other case—the name and address of the giver.\n\n(3) If the receiver receives a loan to which subsection (1) applies but does\nnot comply with subsection (2), the financial representative for the\nreceiver must pay to the Territory an amount equal to the amount of\nthe loan.\n(4) The amount payable under subsection (3) is a debt payable to the\nTerritory by the financial representative for the receiver and may be\nrecovered by proceedings in a court of competent jurisdiction.\n(5) For this section, if credit is given on a credit card for card transactions,\neach transaction is taken to be a separate loan.\ncredit card includes a debit card.\n","sortOrder":268},{"sectionNumber":"219","sectionType":"section","heading":"Nil returns","content":"219 Nil returns\nIf no details are required to be included in a return under section 217,\nthe return shall be given to the commissioner and shall include a\nstatement to the effect that no gifts of a kind required to be disclosed\nwere received.\n","sortOrder":269},{"sectionNumber":"220","sectionType":"section","heading":"Disclosure of gifts by third-party campaigners","content":"220 Disclosure of gifts by third-party campaigners\n(1) This section applies if a third-party campaigner—\n(a) incurs electoral expenditure in the disclosure period for an\nelection; and\n(b) receives from a person 1 or more gifts—\n(i) all or part of which is used by the third-party campaigner\nto—\n(A) enable the third-party campaigner to incur electoral\nexpenditure in the disclosure period; or\n(B) reimburse the third-party campaigner for incurring\nelectoral expenditure in the disclosure period; and\n\n(ii) the total amount of which is $1 000 or more.\n(2) Within 60 days after polling day for the election, the third-party\ncampaigner must give the commissioner a return for the gift or gifts.\nNote For how a return may be given, see the Legislation Act, pt 19.5.\n(3) The return must state, for each gift—\n(a) the date the gift is received; and\n(b) the amount of the gift; and\n(c) for a gift other than an anonymous gift—the defined details for\nthe gift; and\n(d) for an anonymous gift—that the gift is an anonymous gift.\n","sortOrder":270},{"sectionNumber":"222","sectionType":"section","heading":"Restrictions on acceptance of gifts","content":"222 Restrictions on acceptance of gifts\n(1) A party, MLA, non-party candidate or associated entity (the receiver)\nmust not accept a gift of $1 000 or more made by someone else (the\ngiver) to or for the benefit of the receiver unless—\n(a) the receiver knows the defined details of the gift; or\n(b) both the following subparagraphs apply:\n(i) the giver tells the receiver the defined details of the gift\nbefore the gift is made;\n(ii) when the gift is made, the receiver has no grounds for\nbelieving that the defined details given by the giver are not\ntrue.\n(2) Subsection (1) applies—\n(a) for a party, MLA or associated entity—to gifts received at any\ntime; or\n(b) for a non-party candidate—to gifts received during the\ndisclosure period.\n\n(3) A party, MLA or associated entity must not accept an anonymous gift\nin a financial year if acceptance of the gift means that the total of\nanonymous gifts given to or for the benefit of the party, MLA or entity\nwould be more than $25 000 in the financial year.\n(4) A candidate at an election must not accept an anonymous gift during\nthe disclosure period for the election if acceptance of the gift means\nthat the total of anonymous gifts given to or for the benefit of the\ncandidate would be more than $25 000 in the period.\n(5) For this section, 2 or more gifts made by the same person to or for the\nbenefit of a party, MLA, non-party candidate or associated entity are\ntaken to be a single gift.\n(6) If the receiver contravenes subsection (1), the financial representative\nof the receiver must pay to the Territory an amount equal to the\n(7) If the receiver contravenes subsection (3) or (4), the financial\nrepresentative of the receiver must pay to the Territory an amount\nequal to the amount by which the anonymous gifts exceed $25 000.\n(8) The amount payable under subsection (6) is a debt payable to the\nTerritory by the financial representative for the receiver and may be\nrecovered by proceedings in a court of competent jurisdiction.\n","sortOrder":271},{"sectionNumber":"222A","sectionType":"section","heading":"Application—div 14.4A","content":"222A Application—div 14.4A\n(1) This division does not apply to the following:\n(a) a gift that is returned to the giver within 30 days after its receipt;\n(b) a gift given by a close associate if, at the time the gift is given,\nthe close associate is a candidate in an election;\n(c) a gift that is paid into a federal account as soon as practicable\nafter the gift is received;\n\n(d) a gift received by a prospective candidate for an election if the\nprospective candidate is not later declared a candidate for the\nelection under section 109.\n(2) To remove any doubt, section 215H applies to a gift mentioned in\nsubsection (1) (a).\nNote Section 215H states that if a gift is returned to the giver within 30 days\nafter its receipt, any return under div 14.4 that includes the amount or\nvalue of the gift must also include a statement that the gift was returned\nto the giver.\nfederal account—see the Commonwealth Electoral Act 1918\n(Cwlth), section 287.\n","sortOrder":272},{"sectionNumber":"222B","sectionType":"section","heading":"Definitions—div 14.4A","content":"222B Definitions—div 14.4A\ndecided—a relevant planning application is decided if—\n(a) for an application to amend the territory plan—\n(i) for a minor plan amendment—the plan amendment is\nnotified under the Planning Act 2023, section 85; and\n(ii) for a proponent-initiated amendment—the territory\nplanning authority has prepared a draft major plan\namendment under the Planning Act 2023, section 59 (2);\nand\n(iii) in any other case—the territory planning authority has\nprepared a draft major plan amendment under the Planning\nAct 2023, section 60; and\n(b) for any other case—it is decided in accordance with the\nPlanning Act 2023.\n\ngift includes a loan, other than a loan given by a financial institution\non a commercial basis.\nNote The definition of gift in s 198AA also applies to this division.\nmake, a relevant planning application, means make, or cause another\nperson to make, the application.\ndraft major plan amendment—see the Planning Act 2023,\nsection 55.\nminor plan amendment—see the Planning Act 2023, section 84.\nproponent-initiated amendment—see the Planning Act 2023,\nsection 57 (1).\n","sortOrder":273},{"sectionNumber":"222C","sectionType":"section","heading":"Meaning of property developer—div 14.4A","content":"222C Meaning of property developer—div 14.4A\nproperty developer—\n(a) means a corporation that carries on a business involving the\nresidential or commercial development of land to sell or lease\nfor profit; but\n(b) does not include the following:\n(i) an incorporated association under the Associations\nIncorporation Act 1991;\n\n(ii) a corporation operated on a not-for-profit basis;\n(iii) a corporation declared under section 222K;\n(iv) any other corporation prescribed by regulation.\nExamples—par (ii)\n1 a company under the Corporations Act limited by guarantee that is\nprevented by its governing documents from distributing the company’s\nprofits or assets to its shareholders\n2 a corporation registered with the Australian Charities and\nNot-for-profits Commission\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters, and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\ndevelopment, in relation to land—see the Planning Act 2023,\nsection 14 (1).\n","sortOrder":274},{"sectionNumber":"222D","sectionType":"section","heading":"Meaning of close associate—div 14.4A","content":"222D Meaning of close associate—div 14.4A\nclose associate, of a property developer, means any of the following:\n(a) a related body corporate;\n(b) an officer of the corporation or a related body corporate;\n(c) a person whose voting power in the corporation or a related body\ncorporate is more than 20%;\n(d) any domestic partner of a person mentioned in paragraph (b)\nor (c);\n(e) if the corporation or a related body corporate is a stapled entity\nin relation to a stapled security—the other stapled entity in\nrelation to the stapled security;\n\n(f) if the corporation is a trustee, manager or responsible entity in\nrelation to a trust—\n(i) for a unit trust—a person who holds more than 20% of the\nunits in the trust; or\n(ii) for a discretionary trust—a person who is a beneficiary of\nthe trust;\n(g) any other person or body prescribed by regulation.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters, and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\nofficer—see the Corporations Act, section 9.\nstapled entity—\n(a) means an entity the interests in which are traded along with the\ninterests of another entity as a stapled security; and\n(b) for a stapled entity that is a trust—includes any trustee, manager\nor responsible entity for the trust.\nvoting power—see the Corporations Act, section 9.\n","sortOrder":275},{"sectionNumber":"222E","sectionType":"section","heading":"Meaning of relevant planning application—div 14.4A","content":"222E Meaning of relevant planning application—div 14.4A\nrelevant planning application means any of the following:\n(a) a request, in any form, to a Minister or the territory planning\nauthority to make a major plan amendment or minor plan\namendment of the territory plan under the Planning Act 2023;\n(b) a development application under the Planning Act 2023;\n\n(c) a request under the Planning Act 2023, division 7.5.1\n(Pre-application matters);\n(d) an application for an environmental significance opinion under\nthe Planning Act 2023, division 6.3.10 (Environmental\nsignificance opinions);\n(e) any other application, request or other action under the Planning\nAct 2023 prescribed by regulation.\n(2) However, a relevant planning application does not include a\ndevelopment application if the dominant purpose of the application is\nto provide—\n(a) residential premises to be occupied by the applicant; or\n(b) commercial premises to be occupied by the applicant to carry on\nbusiness, and no substantial part of the premises are sold or\nleased to another person.\n(3) For subsection (1), a reference to an application, request or other\naction under the Planning Act 2023 includes a reference to the\ncorresponding application, request or other action under the Planning\nand Development Act 2007 (repealed).\n(4) For subsection (2), if the applicant is a property developer, a reference\nto the applicant includes a close associate of the property developer.\n(5) Subsection (3) and this subsection expire 8 years after the day the\nPlanning Act 2023, section 3 commences.\ndevelopment application—see the Planning Act 2023,\nsection 166 (1).\nenvironmental significance opinion—see the Planning Act 2023,\nsection 102 (2).\nmajor plan amendment—see the Planning Act 2023, section 55.\nminor plan amendment—see section 222B (2).\n\n","sortOrder":276},{"sectionNumber":"222F","sectionType":"section","heading":"Ban on gifts from property developers etc—less than","content":"222F Ban on gifts from property developers etc—less than\n$250\n(a) a property developer, a close associate of a property developer\nor a person on behalf of a property developer or close associate,\ngives a gift to a political entity; and\nfinancial year, is less than $250; and\n(i) at the time a gift is given, the property developer, or a close\nassociate of the property developer, has made 1 or more\nrelevant planning applications that have not been decided;\nor\n(ii) in the 7-year period before a gift is given, the property\nTerritory by the giver of the gift and may be recovered by a\nproceeding in a court of competent jurisdiction.\n","sortOrder":277},{"sectionNumber":"222G","sectionType":"section","heading":"Ban on gifts from property developers etc—$250 or more","content":"222G Ban on gifts from property developers etc—$250 or more\n(1) A property developer commits an offence if—\n(a) the property developer gives a gift to a political entity; and\n(b) the gift, together with any other gift made by the property\ndeveloper in the financial year, is $250 or more; and\n\n(2) A close associate of a property developer commits an offence if—\n(a) the close associate gives a gift to a political entity; and\n(b) the gift, together with any other gift made by the close associate\nin the financial year, is $250 or more; and\n(3) A person commits an offence if—\n(a) the person gives a gift to a political entity; and\n(b) the gift is given on behalf of a property developer or a close\n\n(c) the gift, together with any other gift made by the person on\nbehalf of the property developer or close associate in the\nfinancial year, is $250 or more; and\n(4) A person commits an offence if—\n(a) the person asks another person (the second person) to give a gift\nto a political entity on behalf of a property developer or a close\n(b) the second person gives the gift, or part of the gift, to the political\nentity; and\nby the second person at the request of the first person and on\nbehalf of the property developer or close associate of the\nproperty developer in the financial year, is $250 or more; and\n\nasks includes cause, induce or solicit.\n","sortOrder":278},{"sectionNumber":"222H","sectionType":"section","heading":"Ban on acceptance of gifts from property developers","content":"222H Ban on acceptance of gifts from property developers\netc—less than $250\n(a) a political entity accepts a gift made by, or on behalf of, a\nproperty developer or a close associate of a property developer;\nand\nfinancial year, is less than $250; and\nhas made 3 or more relevant planning applications; and\n(d) the political entity has not taken reasonable steps to ensure\n(i) the person giving the gift, or the person on behalf of whom\nthe gift is given, is not a property developer or a close\nassociate of a property developer; or\n\n(ii) neither of the circumstances mentioned in paragraph (c)\napply to the property developer or close associate.\nExample—reasonable steps\n1 giving potential donors written notice that donations from property\ndevelopers or close associates of property developers are prohibited\n2 asking the person who gives the gift about whether the person is a\nproperty developer or a close associate of a property developer\n(2) The financial representative of the entity must pay to the Territory an\namount equal to the amount of the gift.\n","sortOrder":279},{"sectionNumber":"222I","sectionType":"section","heading":"Ban on acceptance of gifts from property developers","content":"222I Ban on acceptance of gifts from property developers\netc—$250 or more\n(1) A political entity commits an offence if—\n(a) the entity accepts a gift made by, or on behalf of, a property\ndeveloper or a close associate of a property developer; and\nfinancial year, is $250 or more; and\n\n(2) Subsection (1) does not apply if the political entity takes reasonable\nsteps to ensure that—\n(a) the person giving the gift, or the person on behalf of whom the\ngift is given, is not a property developer or a close associate of\na property developer; or\n(b) neither of the circumstances mentioned in subsection (1) (c)\napply to the property developer or close associate.\n1 obtaining a written declaration from the person who gives the gift about\nwhether the person is a property developer or a close associate of a property\ndeveloper\n2 obtaining a written declaration from the person who gives the gift about\nwhether the circumstances mentioned in s (1) (c) apply in relation to the gift\n3 asking the person who gives the gift whether the person is a property developer\nor a close associate of a property developer\n4 for a fundraising event intended to collect gifts from a large number of\npotential donors, providing clear written notice to potential donors that\nproperty developers, and close associates of property developers, are\nprohibited from giving gifts to a political entity\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 For recording and disclosure requirements in relation to the receipt of\ngifts by political entities—see s 216A.\n(3) In deciding whether a political entity takes reasonable steps under\nsubsection (2), a court must have regard to the amount of the gift\naccepted by the political entity.\n(4) Subsection (3) does not limit the matters to which the court may have\nregard.\n(5) If the political entity contravenes subsection (1), the financial\nrepresentative of the entity must pay to the Territory an amount equal\nto the amount of the gift.\n\n(6) The amount payable under subsection (5) is a debt payable to the\n","sortOrder":280},{"sectionNumber":"222J","sectionType":"section","heading":"Gifts from people that become property developers etc","content":"222J Gifts from people that become property developers etc\n(a) a political entity accepts a gift made by, or on behalf of, a person;\nand\n(b) at the time the gift is given, the person is not a property\ndeveloper or a close associate of a property developer; and\n(c) within 12 months after the gift is given—\n(i) the person becomes a property developer or a close\n(ii) a relevant planning application is made by the property\ndeveloper or close associate.\nTerritory by the giver of the gift and may be recovered by a\nproceeding in a court of competent jurisdiction.\n","sortOrder":281},{"sectionNumber":"222K","sectionType":"section","heading":"Declaration that corporation not a property developer","content":"222K Declaration that corporation not a property developer\n(1) A person may apply to the commissioner in relation to a corporation\nfor a declaration that the corporation is not a property developer.\n(2) The commissioner may make a declaration if satisfied that it is more\nlikely than not that the corporation is not a property developer.\n\n(3) The commissioner must make a decision under subsection (2) based\nsolely on information provided by the applicant.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(4) A declaration is in force for 12 months.\n(5) A declaration—\n(a) is conclusively presumed to be correct in favour of any person\nfor the purposes of a gift that the person makes or accepts while\nthe declaration is in force (even if the declaration is subsequently\nfound to be incorrect); and\n(b) is not presumed to be correct in favour of any person who makes\nor accepts a gift knowing that information given to the\ncommissioner, on which the declaration is based, was false or\nmisleading in a material particular.\n(6) If the commissioner repeals a declaration, the commissioner must\ngive the applicant 7 days written notice before the repeal.\n(7) A declaration is a notifiable instrument.\n","sortOrder":282},{"sectionNumber":"222L","sectionType":"section","heading":"Application—div 14.4B","content":"222L Application—div 14.4B\n(1) This division does not apply to the following:\n(a) a gift that—\n(i) is not money; and\n(ii) is given to an MLA by or on behalf of a foreign government\nor a foreign government official; and\n(iii) together with any other gift given to the MLA by or on\nbehalf of the foreign government or foreign government\nofficial, is less than $250;\n\n(b) a gift that is returned to the giver within 30 days after the gift is\nreceived;\n(c) a gift that is paid into a federal account as soon as practicable\nafter the gift is received;\n(d) a gift received by a prospective candidate for an election if the\nprospective candidate is not later declared a candidate for the\nelection under section 109;\n(e) free facilities use.\nfederal account—see the Commonwealth Electoral Act 1918\n(Cwlth), section 287.\n","sortOrder":283},{"sectionNumber":"222M","sectionType":"section","heading":"Definitions—div 14.4B","content":"222M Definitions—div 14.4B\nforeign entity means any entity that is not 1 or more of the following:\n(a) an individual enrolled on the Commonwealth roll;\n(b) an individual enrolled under this Act;\n(c) an individual who is an Australian citizen;\n(d) an individual whose principal place of residence is in Australia;\n(e) a company incorporated under the Corporations Act;\n(f) a company incorporated under a territory law;\n(g) an entity which has its head office located in Australia;\n(h) an entity for which the principal place of activity is, or is in,\nAustralia;\n\n(i) a body politic, or part of a body politic, of the Commonwealth,\nthe Territory or a State.\nNote State includes the Northern Territory (see Legislation Act, dict,\ngift includes a loan, other than a loan given by a financial institution\non a commercial basis.\nNote The definition of gift in s 198AA also applies to this division.\n","sortOrder":284},{"sectionNumber":"222N","sectionType":"section","heading":"Ban on gifts given by or on behalf of foreign entities—","content":"222N Ban on gifts given by or on behalf of foreign entities—\nless than $250\n(a) a political entity is given a gift by or on behalf of a foreign entity;\nand\n(b) the gift, together with any other gift given by the person in the\nfinancial year, is less than $250.\nTerritory by the person and may be recovered by a proceeding in a\ncourt of competent jurisdiction.\n\n","sortOrder":285},{"sectionNumber":"222O","sectionType":"section","heading":"Ban on gifts given by or on behalf of foreign entities—","content":"222O Ban on gifts given by or on behalf of foreign entities—\n$250 or more\n(1) A foreign entity commits an offence if—\n(a) the foreign entity gives a gift to a political entity; and\nby the foreign entity in the financial year, is $250 or more.\n(a) the person gives a gift to a political entity; and\n(b) the gift, or part of the gift, is given to the political entity on\nbehalf of a foreign entity; and\nby the person on behalf of the foreign entity in the financial year,\nis $250 or more.\n(3) A person commits an offence if—\n(a) the person asks another person (the second person) to give a gift\nto a political entity on behalf of a foreign entity; and\n(b) the second person gives the gift, or part of the gift, to the political\nentity; and\nby the second person at the request of the first person and on\nbehalf of the foreign entity in the financial year, is $250 or more.\n\nasks includes cause, induce or solicit.\n","sortOrder":286},{"sectionNumber":"222P","sectionType":"section","heading":"Ban on acceptance of gifts given by or on behalf of","content":"222P Ban on acceptance of gifts given by or on behalf of\nforeign entities—less than $250\n(a) a political entity accepts a gift given to it by or on behalf of a\nforeign entity; and\nby the person in the financial year, is less than $250; and\n(c) the political entity has not taken reasonable steps to ensure that\nthe gift is not being given to it by or on behalf of a foreign entity.\n1 giving potential donors written notice that donations from foreign\nentities are prohibited\n2 asking the person who gives the gift about whether the person is a\nforeign entity, or if the person is giving the gift on behalf of a foreign\n(2) The financial representative of the political entity must pay to the\nTerritory an amount equal to the amount of the gift.\n","sortOrder":287},{"sectionNumber":"222Q","sectionType":"section","heading":"Ban on acceptance of gifts given by or on behalf of","content":"222Q Ban on acceptance of gifts given by or on behalf of\nforeign entities—$250 or more\n(1) A political entity commits an offence if—\n(a) the political entity accepts a gift given to it by or on behalf of a\nforeign entity; and\n\nby the person in the financial year, is $250 or more.\n(2) Subsection (1) does not apply if the political entity takes reasonable\nsteps to ensure that the gift is not being given to it by or on behalf of\na foreign entity.\n1 obtaining a written declaration from the person who gives the gift about\nwhether the person is a foreign entity\n2 asking the person who gives the gift whether the person is a foreign entity\n3 for a fundraising event intended to collect gifts from a large number of\npotential donors, providing clear written notice to potential donors that foreign\nentities are prohibited from giving gifts to a political entity\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 For recording and disclosure requirements in relation to the receipt of\ngifts by political entities, see s 216A and s 216B.\n(3) In deciding whether a political entity has taken reasonable steps under\nsubsection (2), a court must take into account the amount of the gift\naccepted by the political entity.\n(4) Subsection (3) does not limit the matters the court may take into\naccount.\n(5) If a political entity contravenes subsection (1), the financial\nrepresentative of the political entity must pay to the Territory an\namount equal to the amount of the gift.\n(6) The amount payable under subsection (5) is a debt payable to the\n\nDisclosure of electoral expenditure Division 14.5\n","sortOrder":288},{"sectionNumber":"223","sectionType":"section","heading":"Definitions for div 14.5","content":"223 Definitions for div 14.5\nparticipant in an election means—\n(a) a party or candidate; or\n(b) a person (other than a party or candidate) by whom, or with the\nauthority of whom, electoral expenditure in relation to an\nelection is incurred.\n","sortOrder":289},{"sectionNumber":"224","sectionType":"section","heading":"Returns of electoral expenditure","content":"224 Returns of electoral expenditure\n(1) If electoral expenditure in relation to an election is incurred in the\ncapped expenditure period by a party grouping, the reporting agent of\nthe party must, within 60 days after polling day for the election, give\nthe commissioner a return stating details of the expenditure.\nNote For how a return may be given, see the Legislation Act, pt 19.5.\n(2) If electoral expenditure in relation to an election is incurred in the\ncapped expenditure period by a non-party MLA, the reporting agent\nof the MLA must, within 60 days after polling day for the election,\ngive the commissioner a return stating details of the expenditure.\n(3) If electoral expenditure in relation to an election is incurred in the\ncapped expenditure period by an associated entity, the reporting agent\nof the entity must, within 60 days after polling day for the election,\ngive the commissioner a return stating the details of the expenditure.\n\n(4) If electoral expenditure in relation to an election is incurred in the\ncapped expenditure period by a non-party candidate grouping, the\nreporting agent of the candidate must, within 60 days after polling\nday for the election, give the commissioner a return stating details of\nthe expenditure.\n(5) If electoral expenditure in relation to an election is incurred in the\ncapped expenditure period by a third-party campaigner, the\nthird-party campaigner must, within 60 days after polling day for the\nelection, give the commissioner a return stating details of the\nexpenditure.\n","sortOrder":290},{"sectionNumber":"225","sectionType":"section","heading":"Nil returns","content":"225 Nil returns\n(1) If no electoral expenditure in relation to an election is incurred by or\nwith the authority of a candidate in the election, a return under\nsection 224 in relation to the candidate shall be given to the\ncommissioner and shall include a statement to the effect that no\nexpenditure of a kind required to be disclosed has been incurred by\nor with the authority of the candidate.\n(2) If no electoral expenditure in relation to an election is incurred by or\nwith the authority of a party that endorsed a candidate in the election,\na return under section 224 in relation to the party shall be given to the\ncommissioner and shall include a statement to the effect that no\nexpenditure of a kind required to be disclosed has been incurred by\nor with the authority of the party.\n","sortOrder":291},{"sectionNumber":"226","sectionType":"section","heading":"Returns by broadcasters and publishers","content":"226 Returns by broadcasters and publishers\n(1) If an election has taken place—\n(a) each broadcaster who broadcast an electoral advertisement\nduring the pre-election period with the authority of a participant\nin the election; and\n\nDisclosure of electoral expenditure Division 14.5\n(b) each publisher who published an electoral advertisement in a\nnews publication during the pre-election period with the\nauthority of a participant in the election;\nshall give the commissioner a return before the end of 8 weeks after\npolling day in the election.\n(2) A return shall specify the following particulars in relation to the\nadvertisement:\n(a) the broadcasting service as part of which the advertisement was\nbroadcast or the news publication in which the advertisement\nwas published;\n(b) the name and address of the person at whose request the\nadvertisement was broadcast or published;\n(c) the name and address of the participant in the election with\nwhose authority the advertisement was broadcast or published;\n(d) the date or dates when, and, for an advertisement that was\nbroadcast, the times between which, the advertisement was\nbroadcast or published;\n(e) for a published advertisement—the page on which the\nadvertisement was published and the space occupied by it;\n(f) whether or not, on each occasion when the advertisement was\nbroadcast or published, a charge was made by the broadcaster or\npublisher for the broadcasting or publication of the\nadvertisement;\n(g) if a charge referred to in paragraph (f) was made—the amount\nof the charge.\n\n(3) If a broadcaster or publisher specifies in a return the amount of a\ncharge in accordance with subsection (2) (g), the broadcaster or\npublisher shall state in the return whether or not the charge is at less\nthan normal commercial rates having regard to—\n(a) for a broadcast advertisement—the length of the advertisement\nand the day or days when, and the times between which, it was\nbroadcast; or\n(b) for a published advertisement—the space occupied by the\nadvertisement and the nature of the news publication.\n(4) A publisher is not required to give the commissioner a return under\nsubsection (1) in relation to an election if the amount of the charges\nmade by the publisher in relation to the publication of any\nadvertisements to which that subsection applies, in relation to that\nelection and any other election that took place on the same day as the\nfirstmentioned election, does not exceed $1 000.\n(5) A return under subsection (1) may refer to more than 1 advertisement.\n","sortOrder":292},{"sectionNumber":"227","sectionType":"section","heading":"Multiple elections on same day","content":"227 Multiple elections on same day\n(a) the voting at 2 or more elections took place on the same day; and\n(b) a person would, apart from this subsection, be required to give\nthe commissioner 2 or more returns under this division relating\nto those elections;\nthe person may give the commissioner a single return, in a form\napproved under section 340A (Approved forms), setting out the\nparticulars that the person would have been required to set out in those\nseparate returns.\n(2) It is sufficient compliance with this division if the return sets out\ndetails of the expenditure without showing the extent to which it\nrelates to any election.\n\n","sortOrder":293},{"sectionNumber":"228","sectionType":"section","heading":"Meaning of defined particulars for div 14.6","content":"228 Meaning of defined particulars for div 14.6\ndefined particulars, in relation to a sum or amount, means—\n(a) if the sum or amount was received from, paid to or owed to, an\nunincorporated association, other than a registered industrial\norganisation—\n(i) the name of the association; and\ncommittee (however described) of the association; and\n(b) if the sum or amount was paid out of or into, or incurred as a\ndebt to, a trust fund or the funds of a foundation—\n(ii) the name, title or description of the trust fund or\n(c) the name and address of the person or organisation that paid,\nreceived or is owed the sum or amount; and\n(d) such other particulars as are prescribed.\n","sortOrder":294},{"sectionNumber":"230","sectionType":"section","heading":"Annual returns by parties and MLAs","content":"230 Annual returns by parties and MLAs\n(1) The reporting agent of a party or MLA must, not later than 31 August\nafter the end of each financial year, give the commissioner a return.\n(2) However, the return may be the audited annual accounts of the party\nor MLA in a form approved by the commissioner.\n\n(3) The approval is a notifiable instrument.\n(4) The return must state—\n(a) the amount received by, or on behalf of, the party or MLA\nduring the financial year, together with the particulars required\nby section 232 (1) (Amounts received); and\n(b) the amount paid by, or on behalf of, the party or MLA during\nthe financial year; and\n(c) the outstanding amount, at the end of the financial year, of debts\nclaimed against or incurred by, or on behalf of, the party or\nMLA, together with the particulars required by section 234 (1)\n(Outstanding amounts).\n(5) For subsection (4) (a), an amount is received by, or on behalf of, an\nMLA only if the amount is a gift received by the MLA in their\ncapacity as an MLA or a Minister.\nExamples of amounts not required to be stated in a return\n1 Income derived in a private capacity eg interest on bank accounts and\ndividends on shares.\n2 Salary, allowances and other benefits (including superannuation benefits) as\nan MLA or a Minister.\n3 A gift given to the MLA in a private capacity for their personal use eg a\nbirthday gift from a family member.\n(6) For subsection (4) (b) or (c), an amount paid, or an outstanding\namount of debts incurred, by or on behalf of an MLA includes an\namount paid, or an outstanding amount of debts incurred, by or on\nbehalf of the MLA for a purpose that relates solely or substantially to\ntheir position as MLA on electoral expenditure.\n(7) However, subsection (4) (b) or (c) does not require disclosure of any\namount paid, or to be paid, by or on behalf of an MLA using funds\nprovided by the Legislative Assembly to assist the MLA in exercising\ntheir functions as an MLA.\n\n(8) A return under this section must not include a list of the members of\na party.\n(9) If the registration of a party is cancelled during a financial year, this\nsection applies to the party in relation to the year as if a reference to\nthe reporting agent of the party were a reference to the person who\nwas the reporting agent of the party immediately before the\ncancellation.\n(10) If a person ceases to be an MLA during a financial year, this section\napplies to the person in relation to the year as if the person were the\nreporting agent.\n","sortOrder":295},{"sectionNumber":"231","sectionType":"section","heading":"Periods of less than financial year","content":"231 Periods of less than financial year\n(1) This section applies if, during a financial year—\n(a) a political party becomes, or ceases to be, a registered party; or\n(b) a person becomes, or ceases to be, an MLA.\n(2) A return under section 230 (Annual returns by parties and MLAs) for\nthe political party or person for the financial year need only include\nparticulars for the part of the year when the party was registered or\nthe person was an MLA.\n","sortOrder":296},{"sectionNumber":"231B","sectionType":"section","heading":"Annual returns by associated entities","content":"231B Annual returns by associated entities\n(1) If an entity is an associated entity at any time during a financial year,\nthe entity’s financial controller must give the commissioner a return\nnot later than 31 August after the end of the financial year.\n(2) The return must state—\n(a) the amount received by, or on behalf of, the entity during the\nfinancial year, together with the particulars required by\nsection 232 (2) (Amounts received); and\n\n(b) the amount paid by, or on behalf of, the entity during the\nfinancial year; and\n(c) if the entity is an associated entity at the end of the financial\nyear—the outstanding amount, at the end of the year, of debts\nincurred by, or on behalf of, the entity, together with the\nparticulars required by section 234 (2) (Outstanding amounts).\n(3) An amount received when the entity was not an associated entity is\nnot to be counted for subsection (2) (a) and (b).\n(4) If an amount required to be stated under subsection (2) (b) was—\n(a) paid to or for the benefit of 1 or more parties or MLAs; and\n(b) paid out of funds generated from capital of the entity;\nthe return must set out the required details of each person who\ncontributed to that capital on or after 29 November 1996.\n(5) For subsection (4), the required details of a person are—\n(a) the person’s name and address; and\n(b) the total of the person’s contributions to the capital of the\nassociated entity mentioned in that subsection up to the end of\nthe financial year.\n(6) Subsection (5) does not apply to contributions that have been\nincluded in a previous return under this section.\n","sortOrder":297},{"sectionNumber":"232","sectionType":"section","heading":"Amounts received","content":"232 Amounts received\n(1) If the sum of all amounts received by, or on behalf of, a party or MLA\nfrom a particular person or organisation during a financial year is\n$1 000 or more, the return by the party or MLA under section 230\n(Annual returns by parties and MLAs) must state—\n(a) the amount of the sum; and\n(b) the defined particulars; and\n\n(c) for each amount received—\n(i) the date it was received; and\n(ii) the amount.\n(2) If an associated entity receives 1 or more amounts from a particular\nperson or organisation during a financial year that total $1 000 or\nmore, the return by the entity under section 231B (Annual returns by\nassociated entities) must state—\n(a) the sum of the amounts; and\n(b) the defined particulars; and\n(c) for each amount received—\n(i) the date it was received; and\n(ii) the amount.\n(3) Subsection (2) does not apply to any of the following amounts:\n(a) for an associated entity licensed under the Liquor Act 2010—an\namount received that—\n(i) is for the supply of liquor or food in accordance with the\nlicence; and\n(ii) is not more than reasonable consideration for the supply;\n(b) for an associated entity licensed under the Gaming Machine Act\n2004—an amount received for the playing of gaming machines\nin accordance with the licence;\n(c) for an associated entity that operates a hotel, motel, resort,\nresidential park or other short stay accommodation—an amount\nreceived that—\n(i) is for the provision of accommodation; and\n(ii) is not more than reasonable consideration for the\naccommodation;\n\n(d) an amount prescribed by regulation.\n(4) For subsections (1) and (2), if the amount was received—\n(a) as free facilities use, the return need only state—\n(i) the defined particulars; and\n(ii) for each free facilities use received—the date it was\nreceived; or\n(b) as a loan, the return must state the information required by\nsection 218A (2) (Certain loans not to be received).\noccupancy agreement—see the Residential Tenancies Act 1997,\nsection 71C.\nresidential park—\n(a) means land that includes sites for accommodating manufactured\nhomes or mobile homes; and\n(b) includes a caravan park or camping ground.\nresidential tenancy agreement—see the Residential Tenancies\nAct 1997, section 6A.\nshort stay accommodation—\n(a) means premises, or part of premises, that a person is allowed to\nuse on a short-term basis under a commercial arrangement; but\n(b) does not include premises, or part of premises, occupied under\na residential tenancy agreement, occupancy agreement, or other\nagreement that permits a person to use the premises as their\nprincipal place of residence.\n\n","sortOrder":298},{"sectionNumber":"234","sectionType":"section","heading":"Outstanding amounts","content":"234 Outstanding amounts\n(1) If, at the end of a financial year, the sum of all debts within the\nmeaning of section 230 (4) (c) that are owed by a party or MLA to a\nparticular person or organisation is $1 000 or more, the return by the\nparty or MLA under section 230 shall specify the sum and include the\ndefined particulars.\n(2) If an entity is an associated entity at the end of a financial year and,\nat the end of that year, the sum of all debts within the meaning of\nsection 231B (2) (c) that are owed by the entity to a particular person\nor organisation is $1 000 or more, the return by the entity under\nsection 231B in relation to the financial year shall set out the sum and\ninclude the defined particulars.\n","sortOrder":299},{"sectionNumber":"234A","sectionType":"section","heading":"Regulations","content":"234A Regulations\n(1) The regulations may require greater detail to be provided in returns\nunder section 230 or 231B than is required by this division.\n(2) Without limiting subsection (1), the regulations may require that the\ntotal amounts referred to in section 230 (4) or 231B (2) be broken\ndown in the way specified in the regulations.\n(3) The regulations may reduce the amount of information to be provided\nin returns under section 231B.\n","sortOrder":300},{"sectionNumber":"235","sectionType":"section","heading":"Definitions for div 14.7","content":"235 Definitions for div 14.7\ninvestigation notice means a notice under section 237 (3)\n(Investigation notices generally) or section 237A (2) (Investigation\nnotices about associated entities).\nreturn includes a notice under section 240 (1) (c) or (4) (Inability to\ncomplete returns).\n\n","sortOrder":301},{"sectionNumber":"236","sectionType":"section","heading":"Offences","content":"236 Offences\nthis part within a stated time; and\n(b) the person fails to give the commissioner the return within the\ntime.\nMaximum penalty:\n(a) for a return required to be given by the reporting agent of a\nparty—50 penalty units; and\n(b) for any other return—20 penalty units.\nthis part; and\n(b) the person gives the commissioner the return; and\n(c) the return is incomplete.\nMaximum penalty: 20 penalty units.\n(3) A person commits an offence if the person fails to keep records in\naccordance with section 239.\nMaximum penalty: 20 penalty units.\n(4) Subsections (1), (2) and (3) do not apply if the person has a reasonable\nexcuse.\n(5) An offence against subsection (1), (2) or (3) is a strict liability\noffence.\n(6) A person commits an offence if—\nthis part; and\n\n(b) the person gives a return to the commissioner containing\nparticulars that are, to the person’s knowledge, false or\nmisleading in a material particular.\n(7) A person (the informer) commits an offence if—\n(a) another person is required to give the commissioner a return\nunder this part; and\n(b) the informer gives the other person information relevant to the\nreturn that is, to the informer’s knowledge, false or misleading\nin a material particular.\n(8) A prosecution in relation to an offence against this section may be\nstarted at any time within 4 years after the offence was committed.\n","sortOrder":302},{"sectionNumber":"237","sectionType":"section","heading":"Investigation notices generally","content":"237 Investigation notices generally\nprescribed person means a person who, in the commissioner’s\nopinion, is or may be required to give the commissioner a return under\nthis part in relation to an election.\n(2) The commissioner may conduct an investigation into compliance\nwith this part.\n(3) For an investigation, the commissioner may give a notice (an\ninvestigation notice) in relation to a reporting agent or prescribed\nperson to—\n(a) the agent or prescribed person; or\n(b) for the reporting agent of a party—any officer, employee or\nrepresentative of the party; or\n\n(c) for a prescribed person that is a corporation—any of its officers\nor employees; or\n(d) anyone else the commissioner has reasonable grounds for\nbelieving can produce a document or anything else, or give\nevidence, about anyone’s compliance with this part.\n(4) The investigation notice must require the person to whom it is\ngiven—\n(a) to produce to the commissioner, within the time and in the way\nstated in the notice, a document, or something else, stated in the\nnotice; or\n(b) to appear, at a time and place stated in the notice, before the\ncommissioner to give evidence, orally or in writing, and to\nproduce a document, or something else, stated in the notice.\n(5) The time stated in the notice must be not earlier than 28 days after the\nnotice is given to the person.\n(6) If the investigation notice requires an officer, employee or\nrepresentative of a party other than its reporting agent to appear\nbefore the commissioner, the reporting agent of the party is entitled—\n(b) to nominate someone else to attend on the reporting agent’s\n(7) If the investigation notice requires someone other than the financial\ncontroller of an associated entity to appear before the commissioner\nin relation to an investigation into the entity, the financial controller\nis entitled—\n(b) to nominate someone else to attend on the financial controller’s\n\n(8) If—\n(a) an investigation notice relates to an investigation into—\n(i) a return given to the commissioner under this part by the\nreporting agent of an MLA; or\n(ii) a failure of a reporting agent of an MLA to give the\ncommissioner a return under this part within the time\nrequired; and\n(b) the notice requires someone other than the reporting agent of the\nMLA to appear before the commissioner;\nthe reporting agent is entitled—\n(c) to attend the investigation; or\n(d) to nominate someone else to attend on the reporting agent’s\n(9) The commissioner may conduct the investigation even though the\nperson to whom the notice was given contravenes the notice.\n(10) The commissioner may require a person to whom an investigation\nnotice has been given to give evidence on oath, and for that purpose\nmay administer an oath.\nNote For the taking of an oath or the making of an affirmation, see the Oaths\nand Affirmations Act 1984.\n","sortOrder":303},{"sectionNumber":"237A","sectionType":"section","heading":"Investigation notices about associated entities","content":"237A Investigation notices about associated entities\n(a) the commissioner believes on reasonable grounds that a person\ncan produce a document or anything else, or give evidence,\nabout whether an entity is, or was at a particular time, an\nassociated entity; and\n(b) the person is, or has been, the financial controller or an officer\nor employee of the entity.\n\n(2) The commissioner may give to the person a notice (an investigation\nnotice) requiring the person—\n(a) to produce to the commissioner, within the time and in the way\nstated in the notice, a document, or something else, stated in the\nnotice; or\n(b) to appear, at a time and place stated in the notice, before the\ncommissioner to give evidence, orally or in writing, and to\nproduce a document, or something else, stated in the notice.\n(3) The time stated in the notice must not be earlier than 28 days after the\nday the notice is given to the person.\n(4) If the investigation notice requires someone other than the financial\ncontroller of the associated entity to appear before the commissioner,\nthe financial controller is entitled—\n(b) to nominate someone else to attend on the financial controller’s\n(5) The commissioner may conduct the investigation even though the\nperson to whom the notice was given contravenes the notice to attend.\n(6) If the commissioner gives an investigation notice to a person, the\ncommissioner must also give the person an internal review notice\nabout the decision to give the person the notice.\n(7) The person is taken not to have failed to comply with the notice if the\nperson makes application under section 247 (Applications for internal\nreview) for review of the decision and the application has not been\ndecided.\n(8) The commissioner may require a person to whom an investigation\nnotice has been given to give evidence on oath, and for that purpose\nmay administer an oath.\nNote For the taking of an oath or the making of an affirmation, see the Oaths\nand Affirmations Act 1984.\n\n(9) This section is in addition to, and does not limit, section 237\n(Investigation notices generally).\n","sortOrder":304},{"sectionNumber":"237B","sectionType":"section","heading":"Investigation notice offences","content":"237B Investigation notice offences\n(1) A person must not, without reasonable excuse, contravene an\ninvestigation notice.\n(2) A person must not, in response to an investigation notice, give\nevidence that the person knows is false or misleading in a material\nparticular.\n","sortOrder":305},{"sectionNumber":"238","sectionType":"section","heading":"Investigation—search warrants","content":"238 Investigation—search warrants\n(1) The commissioner may make an application to a magistrate for the\nissue of a warrant if—\n(a) the commissioner has reasonable grounds for suspecting that\nthere may be, at that time or within the next 24 hours, in or on\nany premises, an article that may afford evidence relating to a\ncontravention of section 236 (a relevant article); and\n(b) the commissioner has reasonable grounds for believing that, if\nan investigation notice under section 237 were issued for the\nproduction of the relevant article, it might be concealed, lost,\nmutilated, destroyed or disposed of.\n(2) A magistrate may, on application in accordance with subsection (1),\nissue a warrant authorising the commissioner or any other person\nnamed in the warrant, with the assistance the commissioner or person\nconsiders necessary, and if necessary by force—\n(a) to enter the premises; and\n\n(b) to search the premises for relevant articles; and\n(c) to seize any relevant article found in or on the premises.\n(3) A magistrate shall not issue a warrant unless—\n(a) an affidavit has been lodged with the magistrate setting out the\ngrounds on which the issue of the warrant is being sought; and\n(b) the commissioner or another person has given the magistrate,\neither orally or by affidavit, any further information the\nmagistrate requires about the grounds on which the issue of the\nwarrant is being sought; and\n(c) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n(4) If a magistrate issues a warrant, the magistrate shall endorse on the\naffidavit lodged in accordance with subsection (3) the grounds relied\non to justify the issue of the warrant.\n(5) A warrant shall—\n(a) state the purpose for which it is issued, including a reference to\nthe alleged offence in relation to which it is issued; and\n(b) specify the hours during which the entry is authorised or state\nthat the entry is authorised at any time of the day or night; and\n(c) include a description of the kind of articles to which it relates;\nand\n(d) specify the date, not later than 1 month after the date of issue of\nthe warrant, when the warrant ceases to have effect.\n(6) If an article is seized by a person under a warrant—\n(a) the person may keep the article for as long as is necessary and\nreasonable for the purposes of the investigation to which it is\nrelevant; and\n\n(b) when retention of the article ceases to be necessary and\nreasonable for those purposes, the person shall cause it to be\ndelivered to the person who appears to be entitled to possession\nof the article.\n(7) If a document is retained under subsection (6) (a)—\n(a) the person otherwise entitled to possession of the document is\nentitled to be supplied, as soon as practicable, with a copy\ncertified by the commissioner to be a true copy and the certified\ncopy shall be received in all courts as evidence as if it were the\noriginal; and\n(b) until the certified copy is supplied, the commissioner shall, at\nthe times and places the commissioner considers appropriate,\npermit the person otherwise entitled to possession of the\ndocument, or a person authorised by that person, to inspect and\nmake copies of, or take extracts from, the document.\n","sortOrder":306},{"sectionNumber":"239","sectionType":"section","heading":"Records","content":"239 Records\n(1) If a person makes or obtains an article that is or includes a record\nrelating to a matter particulars of which are, or could be, required to\nbe set out in a return under this part relating to an election, the person\nshall keep the record for not less than 4 years beginning on polling\nday for that election.\n(2) If a party, MLA or associated entity makes or obtains an article that\nis or includes a record relating to a matter particulars of which are, or\ncould be, required to be set out in a return under division 14.6 (Annual\nreturns), the party, MLA or associated entity must keep the record for\nnot less than 4 years beginning on the day after the last day when the\nreturn must be given to the commissioner.\n\n(3) If a person, party, MLA or associated entity (the transferor) would,\nin the normal course of business or administration, transfer to\nsomeone else a record mentioned in subsection (1) or (2)—\n(a) the transferor is taken not to have contravened the subsection by\ntransferring the record; and\n(b) the person to whom the record is transferred must keep the\nrecord for the period for which the transferor would have been\nrequired to keep the record if the record had not been transferred.\n","sortOrder":307},{"sectionNumber":"240","sectionType":"section","heading":"Inability to complete returns","content":"240 Inability to complete returns\n(1) If a person who is required to give the commissioner a return under\ndivision 14.4, 14.5 or 14.6 believes it is impossible to complete the\nreturn because the person is unable to obtain particulars (the missing\nparticulars) required for the preparation of the return, the person\nmay—\n(a) prepare the return to the extent that it is possible to do so without\nthe missing particulars; and\n(b) give the commissioner the prepared return; and\n(c) give the commissioner written notice—\n(i) identifying the return; and\n(ii) stating that the return is incomplete because the person is\nunable to obtain the missing particulars; and\n(iii) identifying the missing particulars; and\n(iv) setting out the reasons why the person is unable to obtain\nthe missing particulars; and\n\n(v) if the person believes on reasonable grounds that another\nperson whose name and address is known to the person can\ngive the missing particulars—stating that belief, the\nreasons for the belief and the name and address of the other\nperson.\n(2) If a person complies with subsection (1), the person must not, for\nsection 236 (2) (c), be taken to have given a return that is incomplete\nbecause of the person’s omission of any missing particulars identified\nin a written notice given to the commissioner in accordance with\nsubsection (1) (c).\n(3) If a person tells the commissioner under subsection (1) (c) or (4) (e)\nthat another person can give the missing particulars, the\ncommissioner may, by written notice, require that the other person\ngive the commissioner written notice of the missing particulars within\nthe period stated in the notice.\n(4) If a person who is required under subsection (3) to give the\ncommissioner the missing particulars considers that they are unable\nto obtain some or all of the particulars, the person must give the\ncommissioner written notice—\n(a) stating the missing particulars (if any) that the person is able to\ngive; and\n(b) stating that the person is unable to obtain certain missing\nparticulars; and\n(c) identifying the missing particulars the person is unable to obtain;\nand\n(d) setting out the reasons why the person is unable to obtain those\nmissing particulars; and\n(e) if the person believes on reasonable grounds that another person\nwhose name and address is known to the person can give those\nmissing particulars—stating that belief, the reasons for the belief\nand the name and address of the other person.\n\n(5) A person must not, for section 236 (2) (c), be taken to have given a\nreturn that is incomplete because of the person’s omission of the\nmissing particulars if the person—\n(a) is given written notice under subsection (3); and\n(b) complies with the written notice or gives the commissioner\nwritten notice in accordance with subsection (4).\n","sortOrder":308},{"sectionNumber":"241","sectionType":"section","heading":"Noncompliance with pt 14","content":"241 Noncompliance with pt 14\n(1) The failure of a person to comply with a provision of this part in\nrelation to an election does not invalidate that election.\n(2) Without limiting subsection (1)—\n(a) if—\n(i) a party endorsed a candidate in an election; and\n(ii) the candidate was elected at the election;\na failure by the reporting agent of the party to comply with this\npart in relation to that election does not invalidate the\ncandidate’s election;\n(b) a failure by the reporting agent of a candidate who is elected at\nan election to comply with this part in relation to the election\ndoes not invalidate the candidate’s election.\n","sortOrder":309},{"sectionNumber":"242","sectionType":"section","heading":"Amendment of returns","content":"242 Amendment of returns\n(1) If the commissioner is satisfied that a return under this part contains\na formal error or is subject to a formal defect, the commissioner may\namend the return to the extent necessary to correct the error or remove\nthe defect.\n(2) A person authorised by subsection (3) may, by written notice signed\nby the person and given to the commissioner, request the permission\nof the commissioner to make a specified amendment of a return for\nthe purpose of correcting an error or omission.\n\n(3) A request may be made by—\n(a) the person who gave the return; or\n(b) if the return was given for a party, MLA or candidate—the\nreporting agent of the party, MLA or candidate; or\n(c) if the return was given in relation to an associated entity—the\nfinancial controller of the entity.\n(4) On a request under subsection (2), the commissioner shall permit the\nperson making the request to amend the return accordingly if the\ncommissioner is satisfied that the request is justified.\n(5) If the commissioner decides to refuse a request under subsection (2),\nthe commissioner shall give the person making the request an internal\nreview notice about the decision.\n(6) The amendment of a return under this section does not affect the\nliability of a person to be convicted of an offence against\nsection 236 (2) or (3) arising out of the giving of the return.\n","sortOrder":310},{"sectionNumber":"243","sectionType":"section","heading":"Copies of returns to be available for public inspection","content":"243 Copies of returns to be available for public inspection\n(1) The commissioner must make available for public inspection, in\naccordance with subsections (2) and (3), a copy of each return given\nto the commissioner under division 14.4 (Gifts and certain loans—\nrecords and disclosure), 14.5 (Disclosure of electoral expenditure)\nand division 14.6 (Annual returns).\n(2) A copy of a return under division 14.4 or 14.5 must be made available\nfor public inspection from the beginning of February in the year after\n(or for an extraordinary election, 90 days after) polling day in the\nelection to which the return relates.\n(3) A copy of a return under division 14.6 must be made available for\npublic inspection from 7 September after the end of the financial year\nto which the return relates.\n\n(4) A person may, on request, obtain a copy of a return if a copy of the\nreturn is available for public inspection under this section.\n(5) However, if the commissioner makes a return available for public\ninspection by publishing the return, or the information in the return,\nand the return includes information about a gift or other reportable\namount received from an individual, the commissioner must not\npublish the individual’s home address other than—\n(a) the suburb or postcode of the individual’s home address; or\n(b) any post office box details.\nExample—publishing\non the commission website\n243AA Exception for making copies of returns available for\ninspection\n(a) an associated entity gives the commissioner an annual return\nunder section 231B (Annual returns by associated entities); and\n(b) the annual return includes information mentioned in section 232\n(3).\n(2) Despite section 243, the commissioner is not required to make the\ninformation mentioned in section 232 (3) available for public\ninspection.\n","sortOrder":311},{"sectionNumber":"243A","sectionType":"section","heading":"Commissioner must publish certain information given","content":"243A Commissioner must publish certain information given\nunder s 216A\n(1) This section applies if the commissioner is given information under\nsection 216B (Regular disclosure of gifts).\n\n(2) The commissioner must as soon as practicable publish the\ninformation in the way the commissioner considers appropriate.\nExamples—publishing information\n1 on the commission website\n2 in a newspaper\n(3) However, if a gift was made by an individual, the commissioner must\nnot publish the individual’s home address other than—\n(a) the suburb or postcode of the individual’s home address; or\n(b) any post office box details.\nNote The individual’s private address details may, on request, be inspected at\nthe commissioner’s office during ordinary business hours (see s 243).\n\n","sortOrder":312},{"sectionNumber":"Part 15","sectionType":"part","heading":"Notification and review of","content":"Part 15 Notification and review of\ndecisions\n","sortOrder":313},{"sectionNumber":"244","sectionType":"section","heading":"Meaning of internal review notice—Act","content":"244 Meaning of internal review notice—Act\nIn this Act:\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\n","sortOrder":314},{"sectionNumber":"245","sectionType":"section","heading":"Definitions—pt 15","content":"245 Definitions—pt 15\ninternally reviewable decision means a decision mentioned in\nschedule 5, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision; or\nperson includes a political party.\nreviewable decision means a decision of the electoral commission in\nrelation to an internally reviewable decision.\n","sortOrder":315},{"sectionNumber":"246","sectionType":"section","heading":"Internal review notices","content":"246 Internal review notices\nIf the commissioner makes an internally reviewable decision, the\ncommissioner must give an internal review notice to each entity\nmentioned in schedule 5, column 4 in relation to the decision.\nNote The commissioner must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":316},{"sectionNumber":"247","sectionType":"section","heading":"Applications for internal review","content":"247 Applications for internal review\n(1) The following may apply to the electoral commission for review of\nan internally reviewable decision:\n(a) an entity mentioned in schedule 5, column 4 in relation to the\ndecision;\n\nNotification and review of decisions Part 15\n(b) any other person whose interests are affected by the decision.\n(2) The application must—\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The application must be given to the electoral commission at the\ncommission’s office—\n(a) within 28 days after—\n(i) for a decision to register a political party—the day of\nnotification under the Legislation Act of the notice under\nsection 92 (3) (Registration of political parties) of the\ndecision; or\n(ii) in any other case—the day the applicant is given the\ninternal review notice; or\n(b) within any longer period allowed by the commission before or\nafter the end of the 28-day period.\n","sortOrder":317},{"sectionNumber":"248","sectionType":"section","heading":"Stay of reviewable decisions","content":"248 Stay of reviewable decisions\n(1) Before considering an application for review of an internally\nreviewable decision, the electoral commission may, on application by\nan entity affected by the decision or on its own initiative, make a\nwritten order (the stay order) staying or otherwise affecting the\noperation or implementation of the decision or a part of the decision\n(2) In considering an application for a stay order, the electoral\ncommission must consider—\n(a) the interests of any other person affected by the decision; and\n(b) the need to ensure, as far as practicable, that the review process\nand the commission’s decision on the review are effective.\n\n","sortOrder":318},{"sectionNumber":"249","sectionType":"section","heading":"Review by electoral commission","content":"249 Review by electoral commission\n(1) This section applies if the electoral commission is considering an\napplication for review of an internally reviewable decision.\n(2) The electoral commission must—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute its own decision.\n(3) The commissioner must not—\nin relation to the review of the internally reviewable decision; or\nto the review of the internally reviewable decision.\n(4) Subsection (3) does not apply to an internally reviewable decision\nmade by a delegate of the commissioner.\n","sortOrder":319},{"sectionNumber":"249A","sectionType":"section","heading":"Reviewable decision notices","content":"249A Reviewable decision notices\nIf the electoral commission makes a reviewable decision, the\ncommission must give a reviewable decision notice to each entity that\nis given an internal review notice.\nNote The electoral commission must also take reasonable steps to give a\nreviewable decision notice to anyone whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":320},{"sectionNumber":"249B","sectionType":"section","heading":"Applications for review","content":"249B Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity that is given a reviewable decision notice;\n(b) any other person whose interests are affected by the decision.\n\nPreliminary Division 16.1\nPart 16 Disputed elections, eligibility and\nvacancies\nDivision 16.1 Preliminary\n250 Definitions for pt 16\napplication means an application disputing the validity of an election\nmade in accordance with section 258.\nbribery means a contravention of section 285.\ncontravention, of a section of this Act or the Crimes Act 1914\n(Cwlth), includes—\n(a) attempting or conspiring to contravene that section; or\n(b) aiding, abetting, counselling or procuring the contravention of\nthat section.\nCourt of Disputed Elections—see section 252 (2).\nelection includes—\n(a) a recount of votes under section 194; and\n(b) the choice of a person to fill a casual vacancy under section 195.\nfile means to file in the registrar’s office.\nproceeding means a proceeding before the Court of Disputed\nElections.\nregistrar means the registrar of the Supreme Court.\nSpeaker—see section 251.\nundue influence means a contravention of section 288 (Violence and\nintimidation) or the Commonwealth Criminal Code, section 83.4\n(Interference with political rights and duties).\n\n","sortOrder":321},{"sectionNumber":"Div 16","sectionType":"division","heading":"2 Jurisdiction and powers of Supreme Court","content":"Division 16.2 Jurisdiction and powers of Supreme Court\n","sortOrder":322},{"sectionNumber":"251","sectionType":"section","heading":"Meaning of Speaker for pt 16","content":"251 Meaning of Speaker for pt 16\n(1) In this part:\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; or\n(b) if both the Speaker and Deputy Speaker are unavailable—\nanother MLA who is not the subject of a proceeding and is\nappointed by the Assembly to act as the Speaker for this part; or\n(c) if both the Speaker and Deputy Speaker are unavailable and no\nMLA is appointed for paragraph (b)—the clerk of the Assembly.\n(2) For subsection (1), the Speaker or Deputy Speaker is unavailable if—\n(a) the office-holder is absent from duty; or\n(b) there is a vacancy in the office; or\n(c) the office-holder is the subject of a proceeding.\nDivision 16.2 Jurisdiction and powers of Supreme\nCourt\n","sortOrder":323},{"sectionNumber":"252","sectionType":"section","heading":"Court of Disputed Elections","content":"252 Court of Disputed Elections\n(1) The Supreme Court has jurisdiction to hear and determine—\n(a) applications disputing the validity of elections; and\n(b) questions referred to the court by resolution of the Legislative\nAssembly relating to—\n(i) the eligibility of persons who have been declared elected\nto be members of the Assembly; or\n(ii) vacancies in the membership of the Assembly.\n(2) When exercising jurisdiction under subsection (1), the Supreme Court\nshall be known as the Court of Disputed Elections.\n\n","sortOrder":324},{"sectionNumber":"253","sectionType":"section","heading":"Powers of the court","content":"253 Powers of the court\nSubject to this part, the Supreme Court has the same powers (so far\nas they are applicable) when exercising jurisdiction under this part as\nit has when exercising its original jurisdiction.\n","sortOrder":325},{"sectionNumber":"255","sectionType":"section","heading":"Decisions are final","content":"255 Decisions are final\nA decision of the Court of Disputed Elections is final, is not subject\nto appeal and shall not be called into question.\n","sortOrder":326},{"sectionNumber":"256","sectionType":"section","heading":"Validity may be disputed after election","content":"256 Validity may be disputed after election\n(1) The validity of an election shall not be disputed except by application\nto the Court of Disputed Elections after the result of the election is\ndeclared.\n(2) Without limiting subsection (1), if any of the following matters in\nrelation to an election is called into question, the validity of the\nelection is to be taken to be in dispute:\n(a) the acceptance or rejection of a nomination of a candidate by the\ncommissioner;\n(b) the eligibility of a person to be nominated as a candidate, to be\nelected or to be an MLA;\n(c) any matter connected with the printing or endorsement of ballot\npapers;\n(d) any matter connected with the issue, or scrutiny, of ballot papers\nby the commissioner or an officer;\n(e) any matter connected with electronic voting;\n(f) any matter connected with the admission or rejection of\ndeclaration votes by an officer at the preliminary scrutiny.\n\n","sortOrder":327},{"sectionNumber":"257","sectionType":"section","heading":"Persons entitled to dispute elections","content":"257 Persons entitled to dispute elections\nThe following persons are entitled to dispute the validity of an\nelection:\n(a) a candidate in the election;\n(b) an elector entitled to vote at the election;\n(c) the commissioner.\n","sortOrder":328},{"sectionNumber":"258","sectionType":"section","heading":"Form of application","content":"258 Form of application\n(1) An application disputing the validity of an election shall—\n(a) specify the declarations sought; and\n(b) set out the facts relied on to invalidate the election with\nsufficient particularity to identify the matters on which the\napplicant relies as justifying those declarations; and\n(c) set out the applicant’s full name and address and the capacity in\nwhich the applicant is making the application; and\n(d) be signed by the applicant.\n(2) The signature of an applicant other than the commissioner shall be\nwitnessed by another person whose signature, full name, address and\noccupation shall be set out in the application.\n","sortOrder":329},{"sectionNumber":"259","sectionType":"section","heading":"Time for filing application","content":"259 Time for filing application\nAn application shall be filed within 40 days after the result of the\nelection is declared.\n\n","sortOrder":330},{"sectionNumber":"260","sectionType":"section","heading":"Deposit as security for costs","content":"260 Deposit as security for costs\n(1) At the time of filing an application, the applicant shall deposit with\nthe registrar as security for costs the amount prescribed by the Court\nProcedures Rules 2006.\n(2) The amount deposited shall be set off against any costs ordered to be\npaid by the applicant.\n","sortOrder":331},{"sectionNumber":"261","sectionType":"section","heading":"Registrar to serve copies of application on certain","content":"261 Registrar to serve copies of application on certain\npersons\nThe registrar shall, after an application is filed under section 259,\nserve a sealed copy of the application on—\n(b) the person whose election is being disputed; and\n(c) if the commissioner is not the applicant—the commissioner.\n","sortOrder":332},{"sectionNumber":"262","sectionType":"section","heading":"Parties to application under div 16.3","content":"262 Parties to application under div 16.3\n(1) The following people are entitled to appear in a proceeding under this\ndivision:\n(a) the applicant;\n(b) the commissioner;\n(c) if a person whose election is being disputed files a notice of\nappearance within 7 days after the day when the person is served\nwith a copy of the application under section 261—the person;\n(d) anyone else with the leave of the Court of Disputed Elections.\n(2) A person other than the applicant who appears under subsection (1)\nis to be taken to be a respondent to the application.\n(3) This section does not apply to an application under section 263.\n\n","sortOrder":333},{"sectionNumber":"263","sectionType":"section","heading":"Withdrawal and abatement of application","content":"263 Withdrawal and abatement of application\nelection application means an application disputing the validity of an\nelection made in accordance with section 258.\nleave application means an application for leave to withdraw an\nelection application.\n(2) An applicant may withdraw an election application only with the\nleave of the Supreme Court.\n(3) An applicant is not entitled to make a leave application unless notice\nof the applicant’s intention to do so has been given—\n(a) by public notice; and\n(b) to the commissioner; and\n(c) to each of the respondents to the relevant election application.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(4) A leave application shall not be made without the consent of all the\napplicants to the relevant election application.\n(5) The following persons are entitled to appear as respondents to a leave\napplication:\n(a) the commissioner;\n(b) a respondent to the relevant election application;\n(c) any other person with the leave of the Supreme Court.\n(6) Unless the Supreme Court orders otherwise, if an election application\nis withdrawn, the applicant is liable to pay the costs of the respondent\nin relation to that application and the leave application.\n\n(7) In determining a leave application, the Supreme Court shall inquire\ninto the reasons for it and determine whether it was—\n(a) the result of an agreement, arrangement or understanding; or\n(b) in consideration of—\n(i) the seat in the Assembly that is in issue being vacated at\nany time in the future; or\n(ii) the withdrawal of any other election application; or\n(iii) any other matter.\n(8) The Supreme Court shall publish its reasons for a determination as if\nit were a judgment and give a copy of them to the commissioner.\n(9) If, before the hearing of an election application, a respondent other\nthan the commissioner—\n(a) dies or gives the prescribed notice that they do not intend to\noppose the application; or\n(b) resigns from, or otherwise ceases to hold, the seat in the\nAssembly that is in issue;\nthen—\n(c) the person ceases to be a respondent; and\n(d) the person, or the person’s personal representative, must—\n(i) give public notice that the person ceases to be a respondent;\nand\n(ii) give a copy of the public notice to the registrar; and\n\n(e) if a person who might have been an applicant in relation to the\nelection files a notice of appearance within the prescribed\nperiod—that person is entitled to appear as a respondent to the\n(10) A person who has ceased to be a respondent to an election application\nis not entitled to appear as a party in proceedings in relation to that\n(11) The registrar shall notify the commissioner of the receipt of a notice\nmentioned in subsection (9) (d) (ii).\n(12) An election application shall be abated by the death of a sole applicant\nor the last survivor of several applicants.\n(13) The abatement of an election application does not affect the liability\nof the applicant or any other person for costs awarded against the\napplicant or other person.\n","sortOrder":334},{"sectionNumber":"264","sectionType":"section","heading":"Hearing of applications","content":"264 Hearing of applications\n(1) The registrar shall, as soon as practicable after the time for filing\napplications in relation to an election under section 259 has passed,\nprepare a list of the applications pending in the order of filing and\nshall make a copy of the list available for inspection at the registrar’s\noffice.\n(2) Subject to subsection (3), an application shall, as far as practicable,\nbe heard in the order in which it appears in the list.\n(3) All applications in relation to an election for an electorate shall be\nheard together.\n\n","sortOrder":335},{"sectionNumber":"265","sectionType":"section","heading":"Declarations and orders","content":"265 Declarations and orders\nThe Court of Disputed Elections shall hear and determine an\napplication and may—\n(a) declare the election void; or\n(b) declare that a person who has been declared elected was not duly\nelected; or\n(c) declare that a person who has not been declared elected was duly\nelected; or\n(d) dismiss the application in whole or in part;\nand may make any orders in relation to the application that the court\nconsiders appropriate.\n","sortOrder":336},{"sectionNumber":"266","sectionType":"section","heading":"Illegal practices","content":"266 Illegal practices\n(1) Without limiting the grounds on which the Court of Disputed\nElections may make a declaration under section 265 (a) or (b), the\ncourt may make such a declaration on the ground of any illegal\npractice in connection with the election.\n(2) The Court of Disputed Elections shall not make a declaration under\nsection 265 (a) or (b)—\n(a) on the ground of any illegal practice (other than bribery or undue\ninfluence); or\n(b) on the ground of bribery or undue influence by a person who\nwas not a candidate for the election without the knowledge or\nconsent of a candidate in the election;\nunless satisfied that—\n(c) the result of the election was, or was likely to have been, affected\nby the illegal practice; and\n(d) it is just to make the declaration.\n\n(3) If the Court of Disputed Elections finds any illegal practice in\nconnection with an election (whether the court makes a declaration\nunder section 265 (a) or (b) on that ground or not), the registrar shall\nreport the finding to—\n(b) the Minister; and\n(c) the commissioner; and\n(d) the director of public prosecutions.\n(4) Any finding by the Court of Disputed Elections in relation to any\nillegal practice in connection with an election is not to be taken to be\na bar to, or to prejudice in any way, any prosecution in relation to the\nact alleged before the court to have constituted the illegal practice.\nillegal practice means a contravention of this Act, and includes undue\ninfluence.\nNote Contravention and undue influence are defined in s 250.\n","sortOrder":337},{"sectionNumber":"267","sectionType":"section","heading":"Bribery or undue influence by person elected","content":"267 Bribery or undue influence by person elected\nIf the Court of Disputed Elections finds that a person who was\ndeclared elected committed, or attempted to commit, bribery or undue\ninfluence in connection with any election, the court shall declare the\nelection of that person void.\n","sortOrder":338},{"sectionNumber":"268","sectionType":"section","heading":"Immaterial delays and errors","content":"268 Immaterial delays and errors\n(1) The Court of Disputed Elections shall not make a declaration under\nsection 265 (a), (b) or (c) on the ground that there was a delay in—\n(a) declaring the nominations for the election; or\n(b) providing preliminary certified extracts of electors to candidates\nfor the election; or\n\n(c) polling for the election; or\n(d) declaring the result of the election.\n(2) The Court of Disputed Elections shall not make a declaration under\nsection 265 (a), (b) or (c) on the ground of any absence of, or any\nerror or omission by, an officer unless the absence, error or omission\naffected, or was likely to have affected, the result of the election.\n(3) In determining whether an absence, error or omission that prevented\nan elector from voting affected the result of an election or not, the\nCourt of Disputed Elections shall not have regard to any evidence of\nthe way in which the elector intended to vote.\n","sortOrder":339},{"sectionNumber":"269","sectionType":"section","heading":"Inquiries by court","content":"269 Inquiries by court\n(1) In determining an application, the Court of Disputed Elections may\nmake the inquiries it considers appropriate, including but not limited\nto—\n(a) an inquiry about the identity of persons who voted; and\n(b) an inquiry into the accuracy of approved computer programs\nused in electronic voting and the electronic scrutiny of votes;\nand\n(c) an inquiry about whether ballot papers were improperly\nadmitted or rejected, or not.\n(2) The Court of Disputed Elections shall not inquire into the correctness\nof any roll.\n(3) If the Court of Disputed Elections makes an inquiry in relation to\nballot papers marked under part 11, a statement of particulars of the\nmarking of ballot papers prepared by an officer under section 175 (c)\nis conclusive evidence of the particulars contained in the statement\nunless the court orders otherwise.\n\n","sortOrder":340},{"sectionNumber":"270","sectionType":"section","heading":"Rejected ballot papers","content":"270 Rejected ballot papers\nIn determining an application, the Court of Disputed Elections may\nhave regard to any declaration vote ballot papers rejected at the\npreliminary scrutiny if the court is of the opinion that the ballot papers\nshould not have been rejected.\n","sortOrder":341},{"sectionNumber":"271","sectionType":"section","heading":"Evidence that persons were not permitted to vote","content":"271 Evidence that persons were not permitted to vote\nIn determining an application, the Court of Disputed Elections shall\nnot have regard to any evidence that a person was not permitted to\ncast a vote in an election unless the court is satisfied that the person—\n(a) claimed to vote in accordance with this Act; and\n(b) complied with the requirements of this Act in relation to voting\nto the extent that the person was permitted to do so.\n","sortOrder":342},{"sectionNumber":"272","sectionType":"section","heading":"Inspection of electoral papers","content":"272 Inspection of electoral papers\nA party to an application may—\n(a) with the leave of the Court of Disputed Elections; and\n(b) in the presence of the commissioner or a member of staff of the\nelectoral commission;\ninspect, and make copies of or take extracts from, the electoral papers\n(except ballot papers) in the possession of the commissioner that were\nused in connection with the election being disputed.\n","sortOrder":343},{"sectionNumber":"273","sectionType":"section","heading":"Commissioner not prevented from accessing documents","content":"273 Commissioner not prevented from accessing documents\nUnless the Court of Disputed Elections otherwise orders, the filing of\nan application is not to be taken to prevent the commissioner, another\nmember of the electoral commission or a member of the staff of the\ncommission from having access to any document to which that person\nwould otherwise be entitled to have access for the purpose of\nexercising a function under this Act.\n\nEligibility and vacancies Division 16.4\n","sortOrder":344},{"sectionNumber":"274","sectionType":"section","heading":"Registrar to serve copies of declarations on certain","content":"274 Registrar to serve copies of declarations on certain\npersons\nThe registrar shall, after an application is determined, serve a sealed\ncopy of the declarations and orders (if any) made by the Court of\nDisputed Elections on—\n(b) each party to the application.\n","sortOrder":345},{"sectionNumber":"275","sectionType":"section","heading":"Effect of declarations","content":"275 Effect of declarations\n(1) If the Court of Disputed Elections declares an election void, another\nelection shall be held in accordance with section 101.\n(2) If the Court of Disputed Elections declares that a person who has been\ndeclared elected was not duly elected, that person is to be taken not\nto have been duly elected.\n(3) If the Court of Disputed Elections declares that a person who has not\nbeen declared elected was duly elected, that person is to be taken to\nhave been duly elected.\n(4) A declaration by the Court of Disputed Elections referred to in\nsubsection (1), (2) or (3) takes effect on the end of the day when the\ndeclaration by the court is made.\n","sortOrder":346},{"sectionNumber":"276","sectionType":"section","heading":"Speaker to state case","content":"276 Speaker to state case\nIf the Assembly passes a resolution referring to the Court of Disputed\nElections a question relating to—\n(a) the eligibility of a person who has been declared elected to be\nan MLA; or\n\n(b) a vacancy in the membership of the Assembly;\nthe Speaker shall give to the registrar a statement setting out the\nquestion referred, together with any documents in the possession of\nthe Assembly that relate to that question.\n","sortOrder":347},{"sectionNumber":"277","sectionType":"section","heading":"Parties to a referral","content":"277 Parties to a referral\nThe following persons are entitled to appear in a proceeding under\nthis division:\n(a) any person who, in the opinion of the Court of Disputed\nElections, has a sufficient interest in the determination of the\nquestion referred;\n(b) any person on whom notice of that question is ordered to be\nserved by the court.\n","sortOrder":348},{"sectionNumber":"278","sectionType":"section","heading":"Declarations and orders","content":"278 Declarations and orders\nThe Court of Disputed Elections shall hear and determine a question\nreferred to it and may—\n(a) declare that a person who has been declared elected is not\neligible to be an MLA; or\n(b) declare a vacancy in the membership of the Assembly; or\n(c) refuse to make a declaration;\nand may make the orders in relation to the referral that the court\nconsiders appropriate.\n","sortOrder":349},{"sectionNumber":"279","sectionType":"section","heading":"Registrar to serve copy of declarations on Speaker","content":"279 Registrar to serve copy of declarations on Speaker\nThe registrar shall, after a question referred to the Court of Disputed\nElections is determined, serve a sealed copy of the declarations and\norders (if any) made by the court on—\n(b) each party to the referral.\n\nProceedings Division 16.5\n","sortOrder":350},{"sectionNumber":"280","sectionType":"section","heading":"Effect of declarations","content":"280 Effect of declarations\n(1) If the Court of Disputed Elections —\n(a) declares that a person who has been declared elected is not\neligible to be an MLA; or\n(b) declares a vacancy in the membership of the Assembly;\non the end of the day when the declaration is made a vacancy in the\nmembership of the Assembly arises.\n(2) A vacancy under subsection (1) shall be filled in accordance with\npart 13.\n","sortOrder":351},{"sectionNumber":"281","sectionType":"section","heading":"Procedure","content":"281 Procedure\nIn a proceeding, the Court of Disputed Elections —\n(a) shall be guided by the substantial merits and good conscience of\nthe case; and\n(b) is not bound by technicalities, legal forms or the rules of\nevidence, but may inform itself in the way it considers\nappropriate.\n","sortOrder":352},{"sectionNumber":"282","sectionType":"section","heading":"Legal representation limited","content":"282 Legal representation limited\nIn a proceeding, a party is entitled to be represented by only 1 lawyer\nappearing as counsel.\n","sortOrder":353},{"sectionNumber":"283","sectionType":"section","heading":"Admissibility of evidence","content":"283 Admissibility of evidence\n(1) A person who appears as a witness in a proceeding is not excused\nfrom answering a question or producing a document or other thing\nthat the person is required by the Court of Disputed Elections to\nanswer or produce on the ground that the answering of the question\nor the producing of the document or thing may tend to incriminate the\nperson or on the ground of privilege.\n\n(2) A statement or disclosure made, or a document or other thing\nproduced, by a person in the course of a proceeding, or any\ninformation, document or other thing obtained as a direct or indirect\nconsequence of the making of the statement or disclosure, or of the\nproduction of the firstmentioned document or thing, is not admissible\nin evidence in any civil or criminal proceeding except—\n(a) a proceeding before the Court of Disputed Elections; or\n(b) a proceeding for an offence relating to the giving of false\nevidence.\n","sortOrder":354},{"sectionNumber":"284","sectionType":"section","heading":"Costs may be ordered against Territory","content":"284 Costs may be ordered against Territory\nEven if the Territory is not a party to a proceeding, the Court of\nDisputed Elections may order the Territory to pay all or part of the\ncosts of the proceeding.\n\nBribery and improper influence Division 17.1\n","sortOrder":355},{"sectionNumber":"Div 17","sectionType":"division","heading":"1 Bribery and improper influence","content":"Division 17.1 Bribery and improper influence\n","sortOrder":356},{"sectionNumber":"285","sectionType":"section","heading":"Bribery","content":"285 Bribery\n(1) A person shall not offer, solicit or accept an electoral bribe.\nbribe does not include a declaration of public policy or a promise of\npublic action.\nelectoral bribe means a bribe for the purpose of—\n(a) influencing the vote of an elector; or\n(b) influencing the candidature of a person in an election; or\n(c) otherwise influencing the course or result of an election; or\n(d) inducing a person not to apply, or to withdraw an application,\nunder section 192 to be a candidate for a seat in relation to which\na casual vacancy has occurred, if that person is an eligible person\nwithin the meaning of that section; or\n(e) inducing a person not to apply, or to withdraw an application, to\nthe Court of Disputed Elections under division 16.3 to dispute\nthe validity of an election, if that person is entitled to dispute the\nvalidity of the election under section 257.\n\n","sortOrder":357},{"sectionNumber":"286","sectionType":"section","heading":"Influencing of votes by officers","content":"286 Influencing of votes by officers\nIn the exercise of a function under this Act, an officer shall not,\nwithout reasonable excuse, do anything for the purpose of influencing\nthe vote of another person.\n","sortOrder":358},{"sectionNumber":"287","sectionType":"section","heading":"Influencing votes of hospital and nursing home patients","content":"287 Influencing votes of hospital and nursing home patients\nThe proprietor of a hospital or nursing home, or an employee or agent\nof such a proprietor, shall not, without reasonable excuse, do anything\nfor the purpose of influencing the vote of a patient or resident of the\nhospital or nursing home.\n","sortOrder":359},{"sectionNumber":"288","sectionType":"section","heading":"Violence and intimidation","content":"288 Violence and intimidation\nA person shall not, by violence or intimidation, hinder or interfere\nwith—\n(a) the free exercise of a right under this Act; or\n(b) the free performance of a duty under this Act.\n\nProtection of rights Division 17.2\n","sortOrder":360},{"sectionNumber":"289","sectionType":"section","heading":"Discrimination on grounds of certain gifts","content":"289 Discrimination on grounds of certain gifts\n(1) A person shall not discriminate against another person on the ground\nof the making by the other person of a gift to—\n(a) a political party; or\n(b) a candidate in an election.\ndiscriminate against, in relation to a person, means—\n(a) deny the person access to membership of any trade union, club\nor other body, whether incorporated or not; or\n(b) not allow the person to work or to continue to work; or\n(c) subject the person to any form of intimidation or coercion; or\n(d) subject the person to any other detriment.\ngift—see section 198AA.\n","sortOrder":361},{"sectionNumber":"290","sectionType":"section","heading":"Employees’ right to leave of absence for voting","content":"290 Employees’ right to leave of absence for voting\n(1) On notification from an employee before a polling day, the employer\nshall allow the employee, without penalty or any disproportionate\ndeduction of pay, to take any necessary leave (not exceeding 2 hours)\nfor the purpose of voting.\n(2) Subsection (1) does not apply if the absence of the employee from\nemployment could—\n(a) endanger any person, animal or thing; or\n(b) cause substantial loss to any person.\n\n(3) An employee shall not notify an employer under subsection (1) if the\nemployee does not have a genuine intention of voting during the\nperiod of the leave to be granted for the purpose of voting.\n","sortOrder":362},{"sectionNumber":"291","sectionType":"section","heading":"Definitions for div 17.3","content":"291 Definitions for div 17.3\npolling place includes—\n(a) an early polling place; and\n(b) an interstate declaration polling place; and\n(c) a place where mobile polling is taking place under division 10.5\n(Mobile polling).\nreportage or commentary, in relation to a news publication, means\neverything in the newspaper or periodical except—\n(a) advertisements; and\n(b) letters to the editor.\n","sortOrder":363},{"sectionNumber":"292","sectionType":"section","heading":"Dissemination of unauthorised electoral matter","content":"292 Dissemination of unauthorised electoral matter\n(a) the person disseminates electoral matter; and\n(b) the matter does not include a statement that—\n(i) includes the required information; and\n(ii) complies with the language requirements; and\n(iii) complies with the form and access requirements.\n\n(2) For this section, the required information for a statement is—\n(a) the first and last name of the individual who authorised or\nauthored the matter; and\n(b) a statement to the effect that the individual authorises, or is the\nauthor of, the matter; and\n(c) if the matter is disseminated for a registered party, a candidate\nfor election or a person who has publicly indicated their intended\ncandidature for election—a statement to the effect that the\nmatter is disseminated for the party, candidate or person; and\n(d) if the matter is disseminated for an entity not mentioned in\nparagraph (c)—a statement to the effect that the matter is\ndisseminated for the entity and the full name of the entity.\n(3) For this section, the language requirements for a statement are as\nfollows:\n(a) if the matter is communicated in English only—the required\ninformation is communicated in English;\n(b) if the matter is communicated only in a language other than\nEnglish—the required information is communicated in English\nand the other language used in the matter;\n(c) if the matter is communicated in 2 or more languages—the\nrequired information is communicated in English and at least\n1 other language used in the matter.\n(4) For this section, the form and access requirements for a statement\nare as follows:\n(a) for electoral matter disseminated in print form—the required\ninformation is—\n(i) communicated in text; and\n\n(ii) printed in a way that the information—\n(A) cannot be removed or erased under normal conditions\nor use; and\n(B) will not fade, run or rub off;\n(b) for electoral matter that is an audiovisual recording or\ncommunication (other than matter mentioned in paragraph (d),\n(e) or (f))—the required information is communicated in both\nspeech and text;\n(c) for electoral matter that is an audio recording or communication\n(other than matter mentioned in paragraph (d), (e) or (f))—the\nrequired information is communicated in speech;\n(d) for electoral matter disseminated using a webpage (other than\nmatter mentioned in paragraph (e))—the required information is\ncommunicated in text in the footer of the webpage;\n(e) for electoral matter disseminated on social media using an\naccount that is in the name of an individual—the required\ninformation is communicated in text by a link in the matter or in\na reasonably prominent place on the account;\n(f) for electoral matter not mentioned in paragraphs (a) to (e)—the\nrequired information is communicated in a reasonably\nprominent place;\n(g) for any required information to be communicated in text—the\ntext is—\n(i) reasonably prominent; and\n(ii) legible at a distance at which the matter is intended to be\nviewed; and\n(iii) displayed in a colour that contrasts with the background on\nwhich it appears; and\n\n(iv) is not placed over complex images or multicoloured\nbackgrounds.\n","sortOrder":364},{"sectionNumber":"293","sectionType":"section","heading":"Exceptions for news publications","content":"293 Exceptions for news publications\n(1) Section 292 does not apply to the dissemination of electoral matter\ncontained in reportage or commentary in a particular news\npublication if the publication includes a statement to the effect that a\nperson named in the statement has authorised publication of all\nelectoral matter contained in reportage or commentary in the\npublication.\n(2) Section 292 does not apply to the dissemination of electoral matter\ncontained in a letter to the editor in a particular news publication if—\n(a) the author’s name and the place where the author lives are stated\nat the end of the letter; and\n(b) the publication includes a statement to the effect that a person\nnamed in the statement has authorised publication of all\nelectoral matter contained in letters to the editor in the\npublication.\n(3) For subsection (2) (a), it is sufficient to identify where the author lives\nby reference to—\n(a) the suburb or town of, or nearest to, the author’s residence; and\n(b) if the residence is outside the ACT—the State or other country\nof the residence.\nNote State includes the Northern Territory (see Legislation Act, dict,\nletter to the editor includes electronic commentary of a similar kind.\n\n","sortOrder":365},{"sectionNumber":"293A","sectionType":"section","heading":"Exception for electoral matter disseminated on social","content":"293A Exception for electoral matter disseminated on social\nmedia by individuals acting in private capacity\nSection 292 does not apply to the dissemination of electoral matter by\nan individual if—\n(a) the electoral matter—\n(i) is disseminated on or through social media; and\n(ii) is disseminated in a private capacity; and\n(iii) forms part of the expression of the individual’s personal\npolitical views; and\n(b) the individual—\n(i) is not paid to express the views expressed in the electoral\nmatter; and\n(ii) for electoral matter that is disseminated using an account\nthat is not in the individual’s name—the account was not\ncreated for the dominant purpose of disseminating electoral\nmatter.\n","sortOrder":366},{"sectionNumber":"294","sectionType":"section","heading":"Exceptions for dissemination of electoral matter on","content":"294 Exceptions for dissemination of electoral matter on\ncertain items\n(1) Section 292 does not apply to the dissemination of electoral matter on\nany of the following items unless the item includes a representation\nof a ballot paper:\n(a) a letter from an MLA that includes the name of the MLA and an\nindication that they are an MLA;\n(b) a press release published by or for an MLA that includes the\nname of the MLA and an indication that they are an MLA;\n(c) a report under the Annual Reports (Government Agencies)\nAct 2004;\n\n(d) a publication of a government agency that includes—\n(i) the name of the agency; and\n(ii) the City of Canberra Arms; and\n(iii) the words ‘Australian Capital Territory’, ‘Australian\nCapital Territory Legislative Assembly’, ‘ACT Legislative\nAssembly’, ‘Australian Capital Territory Government’ or\n‘ACT Government’;\n(e) a business or visiting card that promotes the candidacy of a\nperson in an election;\n(f) a letter or card on which the name of the sender appears;\n(g) a T-shirt;\n(h) a badge or button;\n(i) a pen or pencil;\n(j) a balloon;\n(k) an item prescribed by regulation.\nCity of Canberra Arms—see the City of Canberra Arms Act 1932,\nsection 4.\n","sortOrder":367},{"sectionNumber":"295","sectionType":"section","heading":"Exception for certain Commonwealth licence holders","content":"295 Exception for certain Commonwealth licence holders\nSection 292 does not apply to the dissemination of electoral matter on\nradio or television by the holder of a licence under the Broadcasting\nServices Act 1992 (Cwlth) that is subject to a condition relating to\nelection advertisements.\n\n","sortOrder":368},{"sectionNumber":"296","sectionType":"section","heading":"Advertorials","content":"296 Advertorials\n(1) This section applies to an advertisement in a news publication that—\n(a) appears to be reportage or commentary; and\n(b) includes electoral matter.\n(2) The proprietor of the news publication must ensure that the word\n‘advertisement’ is included, in legible form, as a headline to the\nadvertisement on each page on which the advertisement appears.\n","sortOrder":369},{"sectionNumber":"297","sectionType":"section","heading":"Misleading electoral matter affecting casting of vote","content":"297 Misleading electoral matter affecting casting of vote\n(1) A person shall not disseminate, or authorise to be disseminated,\nelectoral matter that is likely to mislead or deceive an elector about\nthe casting of a vote.\nif it is established that the defendant did not know, and could not\nreasonably be expected to have known, that the electoral matter was\nlikely to mislead or deceive an elector about the casting of a vote.\n","sortOrder":370},{"sectionNumber":"297A","sectionType":"section","heading":"Misleading electoral advertising","content":"297A Misleading electoral advertising\n(a) the person disseminates, or authorises the dissemination of, an\nadvertisement containing electoral matter; and\n(b) the advertisement contains a statement purporting to be a\nstatement of fact that is inaccurate and misleading to a material\nextent.\n\nif it is proved by the defendant that the defendant—\n(a) took no part in deciding the content of the advertisement; and\n(b) could not reasonably be expected to have known that the\nstatement was inaccurate and misleading.\nNote The defendant has an evidential burden in relation to the matters\n(3) If the commissioner is satisfied that subsection (1) (a) and (b) apply,\nthe commissioner may ask the person, in writing, to do 1 or more of\nthe following:\n(a) not disseminate the advertisement again;\n(b) publish a retraction in stated terms and in a stated way.\n(4) If a person is found guilty of an offence against this section, the court\nmust take the person’s response to any request under subsection (3)\ninto account in deciding the penalty for the offence.\n(5) On application by the commissioner, the Supreme Court may, if\nsatisfied that subsection (1) (a) and (b) apply, order the person to do\n1 or more of the following:\n(a) not disseminate the advertisement again;\n(b) publish a retraction in stated terms and in a stated way.\n","sortOrder":371},{"sectionNumber":"298","sectionType":"section","heading":"Inducement to illegal voting—representations of ballot","content":"298 Inducement to illegal voting—representations of ballot\npapers\nA person shall not disseminate, or authorise to be disseminated,\nelectoral matter including a representation of a ballot paper, or part of\na ballot paper, likely to induce an elector to mark the elector’s vote\notherwise than in accordance with the directions on the ballot paper.\n\n","sortOrder":372},{"sectionNumber":"299","sectionType":"section","heading":"Graffiti","content":"299 Graffiti\n(1) A person shall not, without reasonable excuse, mark any electoral\nmatter directly on any defined place or object without the consent\nof—\n(a) for a place—the lessee or lawful occupier of the place; or\n(b) for an object—the owner or lawful possessor of the object.\n(2) The Territory or a territory authority shall not give consent for\nsubsection (1).\n(3) In a prosecution for an offence against subsection (1) in relation to a\ndefined place or object leased, occupied, owned or possessed by the\nTerritory or a territory authority, it is to be conclusively presumed\nthat the Territory or the territory authority, as the case requires, did\nnot consent to any marking of electoral matter on the place or object.\ndefined place or object means a building, footpath, hoarding,\nroadway, vehicle, vessel or any public or private place (whether on\nland or water or in the air).\nlessee—see the Planning Act 2023, section 256.\nmark means write, draw or depict.\n\n","sortOrder":373},{"sectionNumber":"300","sectionType":"section","heading":"Defamation of candidates","content":"300 Defamation of candidates\n(1) A person shall not make or publish, or authorise to be made or\npublished, a false and defamatory statement about the personal\ncharacter or conduct of a candidate.\nif it is established that the defendant believed on reasonable grounds\nthat the relevant statement was true.\n(3) A person who makes a false and defamatory statement in relation to\nthe personal character or conduct of a candidate in contravention of\nthis section may, at the suit of the candidate, be restrained by\ninjunction from repeating the statement or any similar false and\ndefamatory statement.\n","sortOrder":374},{"sectionNumber":"301","sectionType":"section","heading":"Publication of statements about candidates","content":"301 Publication of statements about candidates\n(1) A person shall not publish, or authorise to be published, on behalf of\na body (whether incorporated or unincorporated) a statement—\n(a) expressly or impliedly claiming that a candidate in an election is\nassociated with, or supports the policy or activities of, that body;\nor\n(b) expressly or impliedly advocating that a candidate should be\ngiven the first preference vote in an election;\nwithout the written authority of the candidate.\n(2) In proceedings for an offence against subsection (1), it shall be\npresumed, unless the contrary is proved, that a statement purported to\nbe made on behalf of a body was made on behalf of the body.\n\n(3) This section does not apply to a statement—\n(a) published on behalf of a political party; and\n(b) that relates to a candidate who—\n(i) was nominated by the party; and\n(ii) has publicly declared their candidature to be on behalf of,\nor in the interests of, the party.\n","sortOrder":375},{"sectionNumber":"302","sectionType":"section","heading":"Disruption of election meetings","content":"302 Disruption of election meetings\n(1) A person shall not, without reasonable excuse, disrupt an election\nmeeting.\n(2) The chairperson of an election meeting may request a police officer\nto remove from the meeting any person who, in the opinion of the\nchairperson, is disrupting the meeting.\n(3) On a request from the chairperson under subsection (2), a police\nofficer may take reasonable action to remove from the meeting the\nperson disrupting the meeting.\n(4) A person who is the subject of a request referred to in subsection (2)\nshall not, without reasonable excuse, return to the meeting without\nthe authority of the chairperson after leaving it or being removed from\nit.\nelection meeting means a lawful public meeting held during a\npre-election period in association with the relevant election.\n\n","sortOrder":376},{"sectionNumber":"303","sectionType":"section","heading":"Canvassing within 100m of polling places","content":"303 Canvassing within 100m of polling places\n(1) A person shall not, during polling hours within the defined polling\narea in relation to a polling place—\n(a) do anything for the purpose of influencing the vote of an elector\nas the elector is approaching, or while the elector is at, the\npolling place; or\n(b) do anything for the purpose of inducing an elector not to vote as\nthe elector is approaching, or while the elector is at, the polling\nplace; or\n(c) exhibit a notice containing electoral matter that is able to be\nclearly seen by electors approaching, or at, the polling place,\nother than a notice authorised by the commissioner for display\nthere.\n(2) An officer may, if directed by the commissioner, remove or obliterate\na notice that the commissioner or the officer believes on reasonable\ngrounds to be exhibited in contravention of this section.\n(3) Subsection (2) does not authorise an officer to enter land that is\nsubject to a territory lease.\n(4) A person shall not obstruct an officer in the exercise or attempted\nexercise of the officer’s functions under subsection (2).\ndefined polling area, in relation to a polling place, means the area\nwithin the building where the polling place is located, and within\n100m of the building.\n\npolling hours, in relation to a polling place, means—\n(a) for a polling place appointed under section 119—between the\nhours of 8 am and 6 pm on polling day; or\n(b) for a polling place where a vote may be made before an officer—\nany time when the place is open for the acceptance of votes; or\n(c) for a polling place where polling is authorised under\ndivision 10.5—the period when a mobile polling visit is being\nmade to the building where that place is located.\n","sortOrder":377},{"sectionNumber":"304","sectionType":"section","heading":"Badges and emblems in polling places","content":"304 Badges and emblems in polling places\nSubject to section 123 (5), an officer or scrutineer shall not wear or\ndisplay in a polling place a badge or emblem associated with a\npolitical party or candidate.\n","sortOrder":378},{"sectionNumber":"305","sectionType":"section","heading":"How-to-vote material in polling places","content":"305 How-to-vote material in polling places\n(1) A person shall not, except for the purposes of assisting another person\nto vote under section 156, exhibit or leave in a polling place any\nprinted electoral matter.\n(2) This section does not apply in relation to a notice authorised by the\ncommissioner for display in the polling place.\n","sortOrder":379},{"sectionNumber":"306","sectionType":"section","heading":"Evidence of authorisation of electoral matter","content":"306 Evidence of authorisation of electoral matter\nIn proceedings for an offence against this division—\n(a) electoral matter including a statement to the effect that it was\nauthorised by a specified person is admissible as evidence of that\nfact; and\n\nElectronic voting offences Division 17.4\n(b) an issue of a news publication including a statement to the effect\nthat a specified person authorised the publication of all electoral\nmatter contained in reportage or commentary in that issue is\nadmissible as evidence of that fact; and\n(c) electoral matter including a statement to the effect that it was\ndisseminated by a specified person is admissible as evidence of\nthat fact; and\n(d) electoral matter that includes a name purporting to be the\nauthor’s name is admissible as evidence of that fact.\nDivision 17.4 Electronic voting offences\n","sortOrder":380},{"sectionNumber":"306A","sectionType":"section","heading":"Interfering with electronic voting devices etc","content":"306A Interfering with electronic voting devices etc\nA person must not, without reasonable excuse, destroy or interfere\nwith any device or computer program that is used, or intended to be\nused, for or in connection with electronic voting.\n","sortOrder":381},{"sectionNumber":"306B","sectionType":"section","heading":"Interfering with electronic counting devices etc","content":"306B Interfering with electronic counting devices etc\nA person must not, without reasonable excuse, destroy or interfere\nwith any device or computer program that is used, or intended to be\nused, for counting votes electronically.\n\n","sortOrder":382},{"sectionNumber":"307","sectionType":"section","heading":"Voting fraud","content":"307 Voting fraud\n(1) A person shall not supply a ballot paper unless authorised to do so for\nthis Act.\n(2) A person shall not obtain a ballot paper by fraudulent means.\n(3) A person other than an elector shall not mark a ballot paper, unless\nexpressly authorised by this Act.\n(4) A person shall not fraudulently put a ballot paper, or any other paper,\nin a ballot box.\n(5) A person shall not fraudulently take a ballot paper out of—\n(a) an early polling place; or\n(b) an interstate declaration polling place; or\n(c) a polling place; or\n(d) a scrutiny centre.\n(6) A person shall not, without reasonable excuse, interfere with a ballot\nbox, or a ballot paper, unless authorised to do so for this Act.\n\nElectoral papers Division 17.6\n","sortOrder":383},{"sectionNumber":"310","sectionType":"section","heading":"Electoral papers—forfeiture","content":"310 Electoral papers—forfeiture\n(1) On conviction of a person for an offence against the Criminal Code,\npart 3.6 (Forgery and related offences), any document or instrument\nin relation to which the offence was committed is forfeited to the\nTerritory.\n(2) A forfeited document or instrument may be destroyed or dealt with as\nprescribed.\n","sortOrder":384},{"sectionNumber":"311","sectionType":"section","heading":"Electoral papers—unauthorised possession","content":"311 Electoral papers—unauthorised possession\nA person shall not, without reasonable excuse, except for this Act—\n(a) possess an electoral paper; or\n(b) possess an instrument designed or adapted particularly for\nproducing an electoral paper, or an official mark on an electoral\npaper.\n","sortOrder":385},{"sectionNumber":"313","sectionType":"section","heading":"Electoral papers—defacement etc","content":"313 Electoral papers—defacement etc\nUnless authorised by or under this Act, a person shall not fraudulently\ndeface, remove, mutilate or destroy an electoral paper.\n\n","sortOrder":386},{"sectionNumber":"314","sectionType":"section","heading":"Electoral papers—signatures","content":"314 Electoral papers—signatures\n(1) Subject to subsection (2), if a person is required by this Act to sign an\nelectoral paper, the person must sign it with their personal signature.\n(2) If a person is unable to sign the person’s name in writing, the person\nis to be taken to have signed an electoral paper if—\n(a) the person makes a mark on the paper by way of signature; or\n(b) another person signs the document in the presence of and at the\ndirection of the person.\n","sortOrder":387},{"sectionNumber":"315","sectionType":"section","heading":"Electoral papers—witnesses","content":"315 Electoral papers—witnesses\n(1) A person shall not witness the signature of an electoral paper unless—\n(a) the paper is signed by the signatory; and\n(b) the person has seen the signatory sign the paper; and\n(c) the person is satisfied as to—\n(i) the identity of the signatory; and\n(ii) the truth of any statements made in the paper by the\nsignatory; and\n(d) the person is able to sign their own name.\n(2) For subsection (1) (c), a witness may satisfy themself on the basis\nof—\n(a) personal knowledge of the signatory; or\n(b) inquiries made of the signatory; or\n(c) any other reasonable means.\n\nElectoral papers Division 17.6\nsignatory, in relation to a person witnessing the signature of an\nelectoral paper, means the person whose signature is purported to be\nwitnessed.\n","sortOrder":388},{"sectionNumber":"315A","sectionType":"section","heading":"Ballot papers—photographs","content":"315A Ballot papers—photographs\n(a) the person takes a photograph of a ballot paper used by the\nperson for voting in an election; and\n(b) the photograph shows, or would be likely to show, how the\nperson voted in the election.\n(a) the person takes a photograph of a ballot paper used by another\nperson (the elector) for voting in an election; and\n(b) the photograph shows, or would be likely to show, how the\nelector voted in the election; and\n(i) the person knows the identity of the elector; or\n(ii) it would be possible for the person or someone else to find\nout the identity of the elector.\nphotograph includes a video recording.\n\n","sortOrder":389},{"sectionNumber":"316","sectionType":"section","heading":"Improper influence—members of electoral commission","content":"316 Improper influence—members of electoral commission\netc\nA person shall not do anything improper for the purpose of\ninfluencing a member of—\n(a) the electoral commission; or\n(b) an augmented commission; or\n(c) a redistribution committee.\n","sortOrder":390},{"sectionNumber":"317","sectionType":"section","heading":"Unauthorised actions by officers","content":"317 Unauthorised actions by officers\nAn officer shall not, without reasonable excuse, contravene—\n(a) a provision of this Act for which no other penalty is provided;\nor\n(b) a direction given to the officer under this Act.\n","sortOrder":391},{"sectionNumber":"318","sectionType":"section","heading":"Identification of voters and votes","content":"318 Identification of voters and votes\n(1) Except as authorised under this Act, an officer shall not make any\nmark on a ballot paper that would be likely to enable the\nidentification, directly or indirectly, of the person who votes on the\nballot paper.\n\nOfficial functions Division 17.7\n(2) Except as authorised under this Act, an officer or a scrutineer shall\nnot, directly or indirectly, disclose any information acquired in the\nexercise of their functions under this Act that would be likely to\nenable it to be known how an identified voter has voted.\n(3) In subsection (2):\nofficer includes a person who has been, but is no longer, an officer.\nscrutineer includes a person who has been, but is no longer, a\n","sortOrder":392},{"sectionNumber":"319","sectionType":"section","heading":"Responses to official questions","content":"319 Responses to official questions\n(1) A person shall not, in answer to an official question, make a statement\nthat is false or misleading in a material particular.\nif it is established that the defendant did not know, and could not\nreasonably be expected to have known, that the relevant statement\nwas false or misleading in a material particular.\nofficial question means a question—\n(a) asked by the commissioner or an officer in the exercise of the\ncommissioner or officer’s functions under this Act; or\n(b) in a form approved under section 340A or otherwise authorised\nby the commissioner.\n\n","sortOrder":393},{"sectionNumber":"320","sectionType":"section","heading":"Control of behaviour at voting centres","content":"320 Control of behaviour at voting centres\n(1) A person shall not, without reasonable excuse, disrupt an activity\nbeing carried out under this Act at a voting centre.\n(2) A person at a voting centre shall not, without reasonable excuse,\ndisobey a direction given by the OIC by or under this Act.\n(3) A person shall not, without reasonable excuse, enter or remain at a\nvoting centre without the permission, express or implied, of the OIC.\n(4) Subsection (3) does not apply—\n(a) to an officer; or\n(b) to a scrutineer who is entitled to be on the premises under section\n123; or\n(c) if the voting centre is a polling place—to a voter who enters the\nplace for the purpose of voting and remains no longer than is\nnecessary and reasonable for that purpose.\n(5) A person who contravenes this section may be removed from the\npremises by a police officer or by an authorised officer.\nOIC, in relation to a voting centre, means the officer in charge of the\ncentre.\nvoting centre means—\n(a) an early polling place; or\n(b) an interstate declaration polling place; or\n\nOfficial functions Division 17.7\n(c) a polling place; or\n(d) a scrutiny centre.\n\n","sortOrder":394},{"sectionNumber":"321","sectionType":"section","heading":"Restraining conduct","content":"321 Restraining conduct\n(1) This section applies if a person (the relevant person) has engaged, is\nengaging, or proposes to engage, in conduct that was, is, or would be,\na contravention of this Act or another territory law in its application\nto elections.\n(2) The commissioner or, if the conduct relates to an election, a candidate\nin the election may apply to the Supreme Court for an injunction.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction—\n(a) restraining the relevant person from engaging in the conduct;\nand\n(b) if, in the court’s opinion, it is desirable to do so, requiring the\nrelevant person to do anything.\n(4) The Supreme Court may grant an injunction restraining a person from\nengaging in conduct of a particular kind—\n(a) if satisfied that the person has engaged in conduct of that kind,\nwhether or not it appears to the court that the person intends to\nengage again, or to continue to engage, in conduct of that kind;\nor\n(b) if it appears to the court that, if an injunction is not granted, it is\nlikely the person will engage in conduct of that kind, whether or\nnot the person has previously engaged in conduct of that kind\nand whether or not there is an imminent danger of substantial\ndamage to someone else if the person engages in conduct of that\nkind.\n\nEnforcement proceedings Part 18\nInjunctions Division 18.1\n","sortOrder":395},{"sectionNumber":"322","sectionType":"section","heading":"Requiring things to be done","content":"322 Requiring things to be done\n(1) This section applies if a person (the relevant person) has failed, is\nfailing, or proposes to fail to do something in contravention of this\nAct or another territory law in its application to elections.\n(2) The commissioner or, if the conduct relates to an election, a candidate\nin the election may apply to the Supreme Court for an injunction\nrequiring the relevant person to do the thing.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction requiring the relevant person to do the thing.\n(4) The Supreme Court may grant an injunction requiring a person to do\nsomething—\n(a) if satisfied that the person has failed to do the thing, whether or\nnot it appears to the court that the person intends to fail again, or\nto continue to fail, to do the thing; or\n(b) if it appears to the court that, if an injunction is not granted, it is\nlikely the person will fail to do the thing, whether or not the\nperson has previously failed to do the thing and whether or not\nthere is an imminent danger of substantial damage to someone\nelse if the person fails to do the thing.\n","sortOrder":396},{"sectionNumber":"323","sectionType":"section","heading":"Commissioner not required to give undertakings as to","content":"323 Commissioner not required to give undertakings as to\ndamages\nIf the commissioner makes an application for an injunction to which\nthis division applies, the Supreme Court must not require that, as a\ncondition of granting the injunction, the commissioner give any\nundertakings about damages on the commissioner’s own behalf or on\nbehalf of any other person.\n\n","sortOrder":397},{"sectionNumber":"324","sectionType":"section","heading":"Powers of the court","content":"324 Powers of the court\nSubject to this division, the Supreme Court has the same powers (so\nfar as they are applicable) in relation to injunctions under this division\nas it has in relation to injunctions under its original jurisdiction.\n","sortOrder":398},{"sectionNumber":"325","sectionType":"section","heading":"Investigation of complaints","content":"325 Investigation of complaints\nThe commissioner shall—\n(a) investigate; or\n(b) refer to the appropriate authority for investigation;\nany complaint alleging a contravention of this Act, unless the\ncommissioner believes on reasonable grounds that the complaint is\nfrivolous or vexatious.\n","sortOrder":399},{"sectionNumber":"326","sectionType":"section","heading":"Commissioner may prosecute enrolment and voting","content":"326 Commissioner may prosecute enrolment and voting\noffences\nThe commissioner may institute and conduct any prosecution in\nrelation to an offence against section 73 (6) or 129 (1).\n","sortOrder":400},{"sectionNumber":"327","sectionType":"section","heading":"Service of certain process by mail","content":"327 Service of certain process by mail\nIn addition to any other method by which a document may be served,\nprocess relating to a proceeding for an offence against section 129 (1)\nmay be served on a person by sending it by prepaid post to the address\nof the person recorded on the roll.\nNote For other ways of serving documents, see Legislation Act 2001, pt 19.5.\n\n","sortOrder":401},{"sectionNumber":"328","sectionType":"section","heading":"Extension of time for acts by officers","content":"328 Extension of time for acts by officers\nIf—\n(a) an officer is required by this Act to do an act at a specified time\nor within a specified period; and\n(b) an officer other than the commissioner refuses or fails to do the\nact at that time or within that period;\nthe commissioner may grant an extension of time (not exceeding 48\nhours) within which the act may be done.\n","sortOrder":402},{"sectionNumber":"329","sectionType":"section","heading":"Restrictions on sending completed ballot and voting","content":"329 Restrictions on sending completed ballot and voting\npapers by fax\n(1) This section applies to—\n(a) a completed ballot paper (other than a ballot paper completed by\nan Antarctic elector); and\n(b) a completed declaration voting paper.\n(2) Despite the Legislation Act 2001, part 19.5 (Service of documents), a\ndocument (including a copy of the document) to which this section\napplies cannot be served on a person by faxing it to the person.\nNote For other ways of serving the documents and other documents under this\nAct, see Legislation Act 2001, pt 19.5.\n","sortOrder":403},{"sectionNumber":"330","sectionType":"section","heading":"Forms—provision and assistance","content":"330 Forms—provision and assistance\n(1) The commissioner shall ensure that any forms provided for, or\nrequired by or under, this Act are kept at the office of the\ncommissioner and are provided, on request, to members of the public.\n(2) It is the duty of the staff of the electoral commission to assist, on\nrequest, members of the public in completing any of those forms.\n\n","sortOrder":404},{"sectionNumber":"332","sectionType":"section","heading":"Correcting delays, errors and omissions","content":"332 Correcting delays, errors and omissions\n(1) The commissioner may remedy, remove or supply any delay, error or\nomission in the preparation, printing, issue or transmission of any roll,\ncertified extract of electors, certified list of electors or ballot papers\nby written notice specifying the matter to be dealt with and the course\nof action to be followed, and that course (if followed) is to be taken\nto be valid and sufficient for the purpose of remedying, removing or\nsupplying the defect, error or omission.\n(2) A notice is a notifiable instrument.\n","sortOrder":405},{"sectionNumber":"333","sectionType":"section","heading":"Voting statistics to be published","content":"333 Voting statistics to be published\n(1) The electoral commission shall, as soon as practicable after an\nelection is held, publish statistics in relation to voting at the election.\n(2) A person may obtain copies of the statistics in paper or electronic\nform.\n","sortOrder":406},{"sectionNumber":"334","sectionType":"section","heading":"Collecting further statistical information","content":"334 Collecting further statistical information\nWhen—\n(a) the time for filing an application disputing the validity of an\nelection has ended; and\n(b) the Court of Disputed Elections has determined any such\napplications in relation to the election;\nthe commissioner may use ballot papers, certified lists of electors,\ndeclaration voting papers and other electoral papers used in the\nelection to collect statistical information.\n","sortOrder":407},{"sectionNumber":"335","sectionType":"section","heading":"Storage and destruction of electoral papers","content":"335 Storage and destruction of electoral papers\n(1) This section applies to electoral papers in the commissioner’s\npossession that were used for an election.\n\n(2) The commissioner must securely store the electoral papers until\nwhichever of the following happens last:\n(a) the beginning of the pre-election period for the next general\n(b) the electoral papers are no longer required by the commissioner,\nanother member of the electoral commission or a member of the\nstaff of the commission for exercising a function under this Act.\n(3) The commissioner may destroy the electoral papers only when the\nlast of the matters mentioned in subsection (2) happens.\n","sortOrder":408},{"sectionNumber":"336","sectionType":"section","heading":"Administrative arrangements with Commonwealth and","content":"336 Administrative arrangements with Commonwealth and\nStates\nThe Minister may arrange with the appropriate Minister of the\nCommonwealth or a State—\n(a) for officers or employees of the public service of the\nCommonwealth or State, or of an authority of the\nCommonwealth or State, to exercise the powers of an officer\nunder this Act; or\n(b) to make a member of the electoral commission, the\ncommissioner or a member of the staff of the commission\navailable for the exercise of powers on behalf of the\ncorresponding electoral authority of the Commonwealth or\nState.\n","sortOrder":409},{"sectionNumber":"337","sectionType":"section","heading":"Evidentiary certificates","content":"337 Evidentiary certificates\n(1) In a proceeding under this Act, a certificate signed by the\ncommissioner stating any of the following matters is evidence of the\nmatters so stated:\n(a) that on a specified day a person was, or was not, enrolled for an\nelectorate;\n\n(b) that, in relation to an election, a person was or was not—\n(i) an eligible overseas elector; or\n(ii) an Antarctic elector; or\n(iii) an elector serving a sentence of imprisonment outside the\nACT;\n(c) that a person was, or was not, declared as a candidate for an\n(d) that a nomination of a person to be a candidate in an election\nwas rejected;\n(e) that an election was duly held;\n(f) that a person was, or was not, given a ballot paper for an\n(g) that a person voted, or failed to vote, in an election;\n(h) that on a stated day, or during a stated period, a stated person\nwas, or was not, registered as the reporting agent of a stated\nregistered party, MLA or candidate;\n(i) that on a stated day, or during a stated period, no reporting agent\nwas registered for a stated registered party, MLA or candidate;\n(j) that on a specified day a person was, or was not, an officer;\n(k) that on a specified day a person was, or was not, the delegate of\nthe electoral commission or the commissioner.\n(2) In subsection (1), a reference to a person or thing is a reference to a\nperson or thing specified in the certificate.\n\n","sortOrder":410},{"sectionNumber":"338","sectionType":"section","heading":"Acts and omissions of representatives","content":"338 Acts and omissions of representatives\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n\n","sortOrder":411},{"sectionNumber":"339","sectionType":"section","heading":"Assistance for Speaker","content":"339 Assistance for Speaker\nIn exercising a function under this Act, the Speaker may seek\nadministrative support or advice from—\n(a) the Office of the Legislative Assembly; or\n(b) another entity that is able to provide impartial administrative\nsupport or advice.\n","sortOrder":412},{"sectionNumber":"340","sectionType":"section","heading":"Head of service to provide assistance etc","content":"340 Head of service to provide assistance etc\nThe head of service must comply with any request by the electoral\ncommission, the commissioner or an augmented commission for\ninformation or assistance reasonably required for this Act.\n","sortOrder":413},{"sectionNumber":"340A","sectionType":"section","heading":"Approved forms","content":"340A Approved forms\n(1) The commissioner may approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":414},{"sectionNumber":"340B","sectionType":"section","heading":"Determination of fees","content":"340B Determination of fees\n(1) The electoral commission may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":415},{"sectionNumber":"341","sectionType":"section","heading":"Regulation-making power","content":"341 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n(3) The Executive must consult with the electoral commission and the\nrelevant Assembly committee before making a regulation under this\nAct.\n\n(4) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation under this Act commences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—on the day after the day\nthe motion is negatived; or\n(b) on the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n\n","sortOrder":416},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Form of ballot paper","content":"Schedule 1 Form of ballot paper\nSchedule 1 Form of ballot paper\n(see s 114)\nLegislative Assembly for the Australian Capital Territory\nBallot paper Election of [1\n] Member(s)\nElectorate of [2\n]\nNumber [1] boxes from 1 to [1] in the order of your choice\nThen you may show as many further preferences as you wish by writing numbers from\n[3] onwards in other boxes.\nA\n[4]\nB\n[4]\nC\n[4] [5]\n[7]\n[7]\n[7]\nRemember, number at least [1] boxes from 1 to [1] in the order of your choice.\n1. Insert number of vacancies 5. Insert ‘UNGROUPED’ if there are\n2. Insert name of electorate ungrouped candidates\n3. Insert the number that is 1 more than the number 6. Insert name of candidate\nof vacancies 7. Insert name, or abbreviation of name,\n4. Insert name, or abbreviation of name, of registered of registered party, or ‘INDEPENDENT’,\nparty, as required as required\n\nBallot papers—printing of names and collation Schedule 2\n","sortOrder":417},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Ballot papers—printing of","content":"Schedule 2 Ballot papers—printing of\nnames and collation\n(see s 116)\n1 In this schedule:\ncolumn, in relation to a ballot paper, means a column of candidates’\nnames printed on the ballot paper in accordance with section 116.\n2 (1) The ballot papers for an election shall be printed so that, for each\ncolumn—\n(a) separate batches are printed equal in number to the number of\nnames in the column; and\n(b) in the first batch, the names in the column are printed in an order\ndetermined by the commissioner by lot; and\n(c) in each batch after the first, the names in the column are printed\nin the order specified in the table at the end of this schedule; and\n(d) so far as practicable, the number of ballot papers in each batch\nfor the column is equal to the number of ballot papers in each\nother batch for the column.\n(2) In the table at the end of this schedule—\n(a) the number ‘1’ appearing in a column shall be taken to represent\nthe name determined in accordance with clause 1 (b) to be in the\nfirst position in the corresponding column on the ballot paper;\nand\n(b) the number ‘2’ appearing in a column shall be taken to represent\nthe name determined in accordance with clause 1 (b) to be in the\nsecond position in the corresponding column on the ballot paper;\nand so on.\n\nSchedule 2 Ballot papers—printing of names and collation\n3 The commissioner shall ensure that ballot papers distributed to a\npolling place for the purposes of an election are so collated that the\nballot paper immediately following another ballot paper in the issue\nis in a form different from that of the other ballot paper.\n4 The OIC of a polling place shall ensure, so far as practicable, that the\nform of a ballot paper issued by an officer to a person claiming to vote\nat that place is different from that of the previous ballot paper so\nissued by the officer.\nTABLE\nFor 5-member electorates\n1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th\n1 1 1 1 1 1 1 1 1 1 1 1\n2 2 2 3 3 3 4 4 4 5 5 5\n3 4 5 2 5 4 5 2 3 4 3 2\n4 5 3 5 4 2 2 3 5 3 2 4\n5 3 4 4 2 5 3 5 2 2 4 3\n13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd 23rd 24th\n2 2 2 2 2 2 2 2 2 2 2 2\n3 3 3 4 4 4 5 5 5 1 1 1\n4 5 1 3 1 5 1 3 4 5 4 3\n5 1 4 1 5 3 3 4 1 4 3 5\n1 4 5 5 3 1 4 1 3 3 5 4\n25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th\n3 3 3 3 3 3 3 3 3 3 3 3\n4 4 4 5 5 5 1 1 1 2 2 2\n5 1 2 4 2 1 2 4 5 1 5 4\n1 2 5 2 1 4 4 5 2 5 4 1\n2 5 1 1 4 2 5 2 4 4 1 5\n\nBallot papers—printing of names and collation Schedule 2\n37th 38th 39th 40th 41st 42nd 43rd 44th 45th 46th 47th 48th\n4 4 4 4 4 4 4 4 4 4 4 4\n5 5 5 1 1 1 2 2 2 3 3 3\n1 2 3 5 3 2 3 5 1 2 1 5\n2 3 1 3 2 5 5 1 3 1 5 2\n3 1 2 2 5 3 1 3 5 5 2 1\n49th 50th 51st 52nd 53rd 54th 55th 56th 57th 58th 59th 60th\n5 5 5 5 5 5 5 5 5 5 5 5\n1 1 1 2 2 2 3 3 3 4 4 4\n2 3 4 1 4 3 4 1 2 3 2 1\n3 4 2 4 3 1 1 2 4 2 1 3\n4 2 3 3 1 4 2 4 1 1 3 2\n\n","sortOrder":418},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Preliminary scrutiny of declaration voting papers","content":"Schedule 3 Preliminary scrutiny of declaration voting papers\nSchedule 3 Preliminary scrutiny of\ndeclaration voting papers\n(see s 179)\n1 In this schedule:\nenvelope means an envelope on which appears a declaration , in the\nform approved under section 340A (Approved forms) for the\ndeclaration, made by an elector for the purpose of casting a\ndeclaration vote.\n2 The OIC of a scrutiny centre shall arrange for a preliminary scrutiny\nat the centre to be conducted in accordance with this schedule.\n4 An officer must produce at the centre each set of declaration voting\npapers that has not been dealt with at an earlier preliminary scrutiny.\n5 An officer shall sort the declaration voting papers to which the\npreliminary scrutiny relates into the following groups:\n(a) 1 group containing papers to which clause 6 applies;\n6 (1) In this clause:\nrelevant provision means—\n(a) for a vote under section 135—section 135 (4); or\n(b) for a vote under section 136D—section 135 (4) as applied by\nsection 136D (4); or\n(c) for a vote under section 136G—section 135 (4) as applied by\nsection 136G (4); or\n(d) for a vote under section 144A—section 144A (2).\n\nPreliminary scrutiny of declaration voting papers Schedule 3\n(2) This clause applies to a set of declaration voting papers if the officer\nis satisfied that—\n(a) the signature on the declaration is that of the elector; and\n(b) the certificate by the witness is in accordance with the relevant\nprovision; and\n(c) the elector’s name is on the supplementary certified list of\nelectors; and\n(d) for a postal vote if the papers were posted to the commissioner—\nthe papers were so posted before the close of the poll; and\n(e) for the vote of an Antarctic elector—the envelope referred to in\nsection 176 (1) (c) is endorsed and signed by an authorised\nofficer in accordance with that paragraph.\n(3) For subclause (2) (b), if an officer referred to in section 135 (4) omits\nto sign the certificate, the certificate shall nevertheless be taken to be\nin accordance with the relevant provision, if—\n(a) the issue of the relevant declaration voting papers was recorded\nunder division 10.3 or 10.4; and\n(b) the OIC is satisfied the papers were properly issued to the\nelector.\n7 An officer shall sort the declaration voting papers to which clause 6\napplies into the following groups:\n(a) 1 group containing envelopes on which appear declarations by\nelectors enrolled for the electorate indicated in the declaration;\n","sortOrder":419},{"sectionNumber":"8","sectionType":"section","heading":"An officer shall sort the remaining declaration voting papers referred","content":"8 An officer shall sort the remaining declaration voting papers referred\nto in clause 7 (b) into the following groups:\n(a) 1 group containing papers to which clause 9 applies;\n\nSchedule 3 Preliminary scrutiny of declaration voting papers\n","sortOrder":420},{"sectionNumber":"9","sectionType":"section","heading":"This clause applies to a set of declaration voting papers if the OIC is","content":"9 This clause applies to a set of declaration voting papers if the OIC is\nsatisfied that—\n(a) when the elector signed the declaration, the elector was entitled\nto be enrolled; and\n(b) the omission of the elector’s name from the roll resulted from an\nofficial error.\n10 (1) An officer shall withdraw the ballot papers from the envelopes in the\ngroups of declaration voting papers to which clause 7 (a) or 9 applies\nand, without unfolding or inspecting the ballot papers or allowing any\nother person to do so, admit them to scrutiny under section 183.\n(2) If 2 or more sets of papers to which clause 7 (a) or 9 applies are in the\nname of a particular elector—\n(a) the OIC shall determine which set shall be dealt with in\naccordance with subclause (1); and\n(b) the remaining set shall be set aside.\n(3) The OIC shall ensure that ballot papers referred to in subclause (1)\nare kept in a separate sealed ballot box until they are dealt with under\nsection 183.\n11 The OIC shall, in accordance with clauses 4 to 10, conduct a further\nscrutiny of the groups of remaining declaration voting papers to\nwhich clause 5 (b) or 8 (b) apply and, if there are any papers to which\neither paragraph applies after the further scrutiny, the OIC shall—\n(a) reject them from further scrutiny; and\n(b) seal them, together with any papers to which clause 10 (2) (b)\napplies, in a parcel endorsed with a description of the contents,\nthe name of the electorate and the date.\n\nPreliminary Part 4.1\nClause 1\n(see s 185)\n1 Interpretation for sch 4\nIn this schedule:\nballot paper means a ballot paper that is formal under part 12.\ncontinuing candidate means a candidate, other than a successful\ncandidate, an excluded candidate or a candidate who died before\npolling day.\ncount means an allotment of votes under clause 3 (1), 6 (3), 9 (2) (c)\nor 14 (2).\ncount votes—see clause 1A.\nexcluded candidate means a candidate excluded under clause 8.\nnext available preference means the next highest preference recorded\nfor a continuing candidate on a ballot paper.\nquota—\n(a) for this schedule generally—see clause 1B; and\n(b) for part 4.3 (Casual vacancies)—see clause 12.\nsuccessful candidate means a candidate who is successful under\nclause 3, 4, 6, 9 or 14.\nsurplus, in relation to a successful candidate, means the candidate’s\ntotal votes less the quota, if the resulting number of votes is greater\nthan zero.\ntotal votes, in relation to a candidate, means the sum of all votes\nallotted to the candidate.\n\nClause 1A\ntransfer value—\n(a) for this schedule generally—see clause 1C; and\n(b) for part 4.3 (Casual vacancies)—see clause 13.\n","sortOrder":421},{"sectionNumber":"1A","sectionType":"section","heading":"Meaning of count votes—sch 4","content":"1A Meaning of count votes—sch 4\n(1) For this schedule, count votes, in relation to a candidate, means the\nnumber of votes worked out as follows:\n(2) Any fraction must be rounded down to 6 decimal places.\n(3) In this clause:\nBP means the number of ballot papers to be dealt with at a count that\nrecord the next available preference for the candidate.\nTV means the transfer value of those ballot papers.\n","sortOrder":422},{"sectionNumber":"1B","sectionType":"section","heading":"Meaning of quota—sch 4","content":"1B Meaning of quota—sch 4\n(1) For this schedule, quota means the quota of an electorate for an\nelection worked out as follows:\nNote Quota, for pt 4.3 (Casual vacancies)—see cl 12.\n(2) However, any fraction is to be disregarded.\n(3) In this clause:\nBP means the number of ballot papers for the election.\nN means the number of positions to be filled at the election.TVBP 1\n1N\nBP +\n+\n\nPreliminary Part 4.1\nClause 1C\n","sortOrder":423},{"sectionNumber":"1C","sectionType":"section","heading":"Meaning of transfer value—sch 4","content":"1C Meaning of transfer value—sch 4\n(1) For this schedule, the transfer value of a ballot paper is the transfer\nvalue worked out under this clause.\nNote Transfer value, for pt 4.3 (Casual vacancies)—see cl 13.\n(2) For the allotment of votes from the surplus of a successful candidate,\nthe transfer value of a ballot paper that specifies a next available\npreference is worked out as follows:\n(3) For the allotment of votes under clause 9 (2) (c) (Votes of excluded\ncandidates), the transfer value is—\n(a) for a ballot paper in relation to which votes were allotted to the\nexcluded candidate under clause 3 (First preferences)—1; or\n(b) for a ballot paper in relation to which count votes were allotted\nto the excluded candidate under clause 6 (3) (Surplus votes) or\nclause 9 (2) (c) (Votes of excluded candidates)—the transfer\nvalue of the ballot paper when counted for that allotment.\n(4) However, if the transfer value of a ballot paper worked out in\naccordance with subclause (2) would be greater than the transfer\nvalue of the ballot paper when counted for the successful candidate,\nthe transfer value of that ballot paper is the transfer value of the ballot\npaper when counted for the successful candidate.\n(5) In this clause:\nCP means the number of ballot papers counted for the candidate at\nthe count at which the candidate became successful and that specify\na next available preference.\nS means the surplus.CP\nS\n\nClause 2\n2 Disregarding preferences\n(1) This clause applies if effect is to be given to preferences indicated in\ncandidate squares on a ballot paper under section 180.\n(2) If the same number is marked in 2 or more candidate squares on a\nballot paper, those numbers and any greater number shall be\ndisregarded in determining the elector’s preferences.\n(3) If a number is missing from the series of consecutive whole numbers\nmarked in the candidate squares on a ballot paper, the missing number\nand any greater number shall be disregarded in determining the\nelector’s preferences.\n\nClause 3\n3 First preferences\n(1) For each ballot paper recording a first preference for a continuing\ncandidate, 1 vote shall be allotted to the candidate.\n(2) For subclause (1), a ballot paper on which a first preference for a\ncandidate who died before polling day is recorded shall be taken to\nrecord a first preference for the candidate for whom the next available\npreference is recorded.\n(3) After the allotment of votes under subclause (1), each continuing\ncandidate’s total votes shall be calculated and, if the votes equal or\nexceed the quota, the candidate is successful.\n4 Scrutiny to cease\n(1) If, after a calculation under clause 3 (3), 6 (4) or 9 (2) (d), the number\nof successful candidates is equal to the number of positions to be\nfilled, the scrutiny shall cease.\n(2) If, after a calculation under clause 3 (3) or 6 (4) or after all the ballot\npapers counted for an excluded candidate have been dealt with under\nclause 9—\n(a) the number of continuing candidates is equal to the number of\npositions remaining to be filled; and\n(b) no successful candidate has a surplus not already dealt with\nunder clause 6;\neach of those continuing candidates is successful and the scrutiny\nshall cease.\n\nClause 5\n","sortOrder":424},{"sectionNumber":"5","sectionType":"section","heading":"Scrutiny to continue","content":"5 Scrutiny to continue\nIf the scrutiny has not ceased in accordance with clause 4 and—\n(a) 1 or more successful candidates have a surplus not already dealt\nwith under clause 6—subject to clause 4, each surplus shall be\ndealt with in accordance with clause 6; or\n(b) there are no successful candidates with such a surplus—1\ncontinuing candidate shall be excluded in accordance with\nclause 8 and the ballot papers counted for the candidate shall be\ndealt with in accordance with clause 9.\n6 Surplus votes\n(1) Subject to clause 7, this clause applies in relation to the surplus of a\nsuccessful candidate.\n(2) Each ballot paper counted for the purpose of allotting votes to the\nsuccessful candidate at the count at which the candidate became\nsuccessful shall be dealt with as follows:\n(a) if it does not specify a next available preference—it shall be set\naside as finally dealt with for this part;\n(b) if it specifies a next available preference—it shall be grouped\naccording to the candidate for whom that preference is recorded.\n(3) The count votes for each continuing candidate shall be determined\nand allotted to the candidate.\n(4) After the allotment under subclause (3), the continuing candidates’\ntotal votes shall be calculated and, if the total votes of a candidate\nequal or exceed the quota, the candidate is successful.\n\nClause 7\n7 More than 1 surplus\n(1) In this clause—\n(a) a reference to a successful candidate is a reference to a\nsuccessful candidate with a surplus not already dealt with under\nclause 6; and\n(b) a reference to the earliest count is a reference to the earliest\ncount at which a successful candidate obtained a quota.\n(2) If there are 2 or more successful candidates, the surplus of the relevant\ncandidate shall be dealt with in accordance with clause 6.\n(3) For subclause (2)—\n(a) if only 1 successful candidate obtained a quota at the earliest\ncount—that candidate is the relevant candidate;\n(b) if 2 or more successful candidates obtained a quota at the earliest\ncount—the candidate who, of those candidates, has the largest\nsurplus is the relevant candidate; or\n(c) if 2 or more successful candidates (contemporary candidates)\nwho obtained a quota at the earliest count have the same surplus,\nbeing a surplus larger than that of any other candidate who\nobtained a quota at the count and—\n(i) 1 of the contemporary candidates had more total votes than\nany other contemporary candidate at the last count—that\ncandidate is the relevant candidate; or\n(ii) 2 or more contemporary candidates have the same total\nvotes, being a total larger than that of any other\ncontemporary candidate (a non-tied contemporary\ncandidate) at the last count—each non-tied contemporary\ncandidate is no longer considered under this clause and—\n(A) subparagraph (i) and this subparagraph are applied to\neach preceding count until a relevant candidate is\nworked out; or\n\nClause 8\n(B) if a relevant candidate cannot be worked out by\napplying subparagraph (i) and this subparagraph to\nthe preceding count—the contemporary candidate\nwho is determined by the commissioner by lot is the\nrelevant candidate.\n(4) If—\n(a) a person becomes the relevant candidate under\nsubclause (3) (c) (ii) (B); and\n(b) the ballot papers are recounted in accordance with section 187;\nand\n(c) the same candidates would, apart from this subclause, become\nthe contemporary candidates once again under that\nsubparagraph;\nthe person shall be taken to be the relevant candidate for subclause (2)\nin the recounting of those ballot papers.\n8 Exclusion of candidates\n(1) If clause 5 or 15 requires a candidate to be excluded, the candidate\nwith the least total votes shall be excluded.\n(2) If 2 or more candidates each have the same total votes, being fewer\ntotal votes than any other candidate and—\n(a) 1 of the candidates had fewer total votes than any other of the\ncandidates at the last count—that candidate is excluded; or\n(b) 2 or more of the candidates have the same total votes, being a\ntotal fewer than that of any other candidate (a non-tied\ncandidate) at the last count—each non-tied candidate is no\nlonger considered under this clause and—\n(i) paragraph (a) and this paragraph are applied to each\npreceding count until 1 candidate is excluded; or\n\nClause 9\n(ii) if 1 candidate cannot be excluded by applying\nparagraph (a) and this paragraph to the preceding count—\nthe candidate who is determined by the commissioner by\nlot is excluded.\n(3) If—\n(a) a person is excluded under subclause (2) (b) (ii); and\n(b) the ballot papers are recounted in accordance with section 187;\nand\n(c) that paragraph would, apart from this subclause, be applicable\nonce again to the same candidates;\nthe person shall be taken to be excluded in the recounting of those\nballot papers.\n9 Votes of excluded candidates\n(1) If a candidate is excluded in accordance with clause 8, the ballot\npapers counted for the candidate shall be sorted into groups according\nto their transfer values when counted for the candidate.\n(2) Subject to subclause (3), each group under subclause (1) shall be dealt\nwith as follows:\n(a) if a ballot paper in the group does not specify a next available\npreference—it shall be set aside as finally dealt with for this part;\n(b) if a ballot paper in the group specifies a next available\npreference—it shall be grouped according to the candidate for\nwhom that preference is recorded;\n(c) each continuing candidate’s count votes shall be determined and\nallotted to the candidate;\n(d) continuing candidates’ total votes shall be calculated and, if the\nvotes of any of those candidates equal or exceed the quota, the\ncandidate is successful.\n\nClause 10\n(3) The groups referred to in subclause (1) shall be dealt with under\nsubclause (2) starting with the group with the highest transfer value\nand, subject to subclause 4 (1) or 15 (2), continuing in descending\norder until all the groups have been dealt with.\n","sortOrder":425},{"sectionNumber":"10","sectionType":"section","heading":"Setting aside ballot papers","content":"10 Setting aside ballot papers\nIf, after a calculation under clause 3 (3), 6 (4) or 9 (2) (d), the total\nvotes of a candidate who became successful on that calculation equal\nthe quota, the ballot papers counted for that candidate shall be set\naside for this part.\n\nCasual vacancies Part 4.3\nClause 11\n11 Application\n(1) This part applies in relation to the vacancy in the seat of a former\nMLA that is to be filled by recount under section 194.\n(2) For this part—\n(a) continuing candidate means a candidate within the meaning of\npart 13, but does not include a candidate who died before the\nrecount for the purposes of this part began; and\n(b) the quota is calculated under clause 12; and\n(c) the transfer value is determined under clause 13.\n12 Quota\n(1) For this part, the quota, in relation to a count, is calculated as follows:1\nTVA +\n(2) In this clause:\nTVA means the sum of the total votes allotted to the continuing\ncandidates at the count, any fraction being disregarded.\n13 Transfer value\n(1) For this part, the transfer value of ballot papers counted for the\nformer MLA—\n(a) for a ballot paper dealt with at the count at which the former\nMLA became successful—is the value ascertained in\naccordance with subclause (2) or (3), as the case requires;\n(b) for a ballot paper dealt with at the count under clause 3—is 1;\nand\n\nClause 13\n(c) for a ballot paper dealt with at any other count—is the transfer\nvalue of the ballot paper when counted for the purpose of\nallotting count votes to the former MLA.\n(2) If, at the count at which the former MLA became successful,\nNCP TV was greater than or equal to Q – N—\n(a) for a ballot paper that did not specify a next available\npreference—the value is calculated as follows:and;\nNCP\nN–Q\n(b) for a ballot paper that specified a next available preference—the\nvalue is zero.\n(3) If, at the count at which the former MLA became successful,\nNCP TV was less than Q – N—\n(a) for a ballot paper that did not specify a next available\npreference—the value is the transfer value of the ballot paper\nwhen counted for the purpose of allotting count votes to the\nformer MLA; and\n(b) for a ballot paper that specified a next available preference—the\nvalue is calculated as follows:CP\nTV)(NCP–N–Q \n(4) In subclauses (2) and (3):\nNCP means the number of ballot papers counted for the former MLA\nat the count at which the former MLA became successful that did not\nspecify a next available preference.\nTV means the transfer value of a ballot paper when counted at that\ncount for the purpose of allotting count votes to the former MLA.\nQ means the quota for the election at which the former MLA was last\nelected.\n\nCasual vacancies Part 4.3\nClause 14\nN means the former MLA’s total votes after the last calculation before\nthat count.\nCP means the number of ballot papers counted for the former MLA\nat that count that specified a next available preference.\n14 Recount—first count\n(1) If a ballot paper counted for the former MLA—\n(a) does not specify a next available preference—it shall be set aside\nas finally dealt with for this part; or\n(b) specifies a next available preference—it shall be grouped\naccording to the candidate for whom that preference is recorded.\n(2) The count votes for each continuing candidate shall be determined\nand allotted to the candidate, and each continuing candidate’s total\nvotes shall be calculated.\n(3) If, after the calculation under subclause (2), the total votes of a\ncontinuing candidate equal or exceed the quota, the candidate is\nsuccessful and the scrutiny shall cease.\n15 Recount—continuation\n(1) If the scrutiny has not ceased in accordance with clause 14 (3) or\nsubclause (2) of this clause—\n(a) 1 continuing candidate shall be excluded in accordance with\nclause 8; and\n(b) the ballot papers counted for that candidate shall be dealt with\nin accordance with clause 9.\n(2) If, after a calculation under clause 9 (2) (d), a candidate is successful,\nthe scrutiny shall cease.\n\nClause 16\n16 Successful candidate is dead\n(1) If the candidate who is successful on a recount is dead, the recount\nshall be conducted again.\n(2) For subclause (1), a ballot paper on which a preference for that\ncandidate is recorded shall be taken to record a preference for the\ncandidate for whom the next available preference is recorded.\n17 Multiple vacancies\n(1) If there are 2 or more vacancies in the seats of former MLAs that are\nrequired to be filled by recount under section 194, the recounts shall\nbe conducted in the order in which the vacancies occurred.\n(2) If 2 or more of those vacancies occurred at the same time, the\ncommissioner shall determine by lot the order in which the recounts\nare to be conducted.\n(3) If—\n(a) a person is a candidate in relation to more than 1 casual vacancy;\nand\n(b) the person becomes a candidate in relation to those casual\nvacancies before the commissioner declares elected the\nsuccessful candidate in relation to any of those casual vacancies;\nand\n(c) the person is successful in relation to 1 of those casual vacancies;\nfor the purpose of conducting the recount in relation to the casual\nvacancies other than the one in relation to which the person was\nsuccessful, the person shall be taken not to be a continuing candidate.\n\nDeceased successful candidates Part 4.4\nClause 18\n","sortOrder":426},{"sectionNumber":"Part 4","sectionType":"part","heading":"4 Deceased successful candidates","content":"Part 4.4 Deceased successful candidates\n18 Application—pt 4.4\nThis part applies if a successful candidate dies on or after polling day\nbut before the declaration of the result of the election.\n19 Ballot papers for deceased successful candidate\n(1) The ballot papers counted for a deceased candidate must be dealt with\nin accordance with schedule 4, part 4.3 (Casual vacancies) as if they\nhad been counted for a former MLA.\n(2) If 2 or more of the successful candidates die on or after polling day\nbut before the declaration of the result of the election, the ballot\npapers counted for each deceased candidate must be dealt with in the\norder in which the candidates died.\n(3) If 2 or more of the successful candidates died at the same time, the\ncommissioner must determine by lot the order in which the ballot\npapers for the deceased candidates are to be dealt with.\n(4) In applying schedule 4, part 4.3 for the purposes of this part:\ncontinuing candidate means a candidate other than—\n(a) a successful candidate; or\n(b) a candidate who died before the recount for this part began; or\n(c) a candidate who is excluded for clause 15 (Recount—\ncontinuation).\n\n","sortOrder":427},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Internally reviewable decisions","content":"Schedule 5 Internally reviewable decisions\nSchedule 5 Internally reviewable decisions\n(see pt 15)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\n1 76 (5) (a) enrol person claimant\n2 76 (5) (b) reject claim for\nenrolment\nclaimant\n3 77 (2) (b) refuse request to\nsuppress particulars\nof elector’s address\nfrom extract from\nroll\nelector\n4 78 (2) include particulars of\nelector’s address\nsuppressed on\nextract from roll\nelector\n5 81 (5) (b) reject objection to\nenrolment of person\nperson who objects to\nenrolment\n6 81 (8) (b) remove person’s\nname from roll\nperson whose name\nremoved\n7 90 (2) refuse to register\npolitical party\napplicant for registration\n8 92 (1) register political\nparty\nperson who objects to\nregistration\n9 93 (1) or (2) refuse to change\nregistered particulars\napplied for under\nsection 95 (2)\napplicant for change of\nregistered particulars\n\nInternally reviewable decisions Schedule 5\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\n10 98 (5) cancel registration of\npolitical party\nregistered party\n11 237A give investigations\nnotice\nperson to whom notice\ngiven\n12 242 (4) refuse request to\nmake stated\namendment of return\nperson who gave return\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• administrative unit\n• adult\n• Australian citizen\n• Australian statistician\n• Commonwealth\n• Commonwealth Criminal Code\n• corporation\n• Corporations Act\n• Criminal Code\n• director-general (see s 163)\n• doctor\n• domestic partner (see s 169 (1))\n• Executive\n• exercise\n• fail\n• function\n• head of service\n• home address\n• individual\n• lawyer\n• Legislative Assembly\n• Minister (see s 162)\n• person (see s 160)\n• public holiday\n• public sector body\n• public sector standards commissioner\n• public service\n• quarter\n\n• reviewable decision notice\n• Self-Government Act\n• Speaker (except for parts 13 and 16)\n• State\n• statutory office-holder\n• territory instrumentality\n• territory law\n• territory lease\n• territory plan\n• territory planning authority\n• the Territory.\nabbreviation, of the name of a political party, includes an alternative\nname of the party.\naddress—\n(a) of a person, for this Act generally—means the person’s principal\nplace of residence (including a place of residence from which a\nperson who is an elector is temporarily absent and to which the\nperson intends to return to live in); and\n(b) of a person who is, or is nominated to be, the registered officer\nof a political party, for part 7 (Registration of political parties)—\nsee section 87.\namount, for part 14 (Election funding, expenditure and financial\nanonymous gift, for division 14.4 (Gifts and certain loans—records\nand disclosure)—see section 216.\nAntarctica, for part 11 (Polling in Antarctica)—see section 167.\nAntarctic elector means an elector who is an Antarctic elector under\nsection 171.\napplication, for part 16 (Disputed elections, eligibility and\n\napproved computer program means a computer program approved\nunder section 118A (1) (a).\napproved electronic device means an electronic device approved\nunder section 118AB.\nAssembly means the Legislative Assembly.\nassistant returning officer, for part 11 (Polling in Antarctica)—see\nassociated entity, for part 14 (Election funding, expenditure and\naugmented commission in relation to a redistribution, means the\naugmented electoral commission established by section 47 for the\npurposes of the redistribution.\nAustralian government body, for part 14 (Election funding,\nauthorised delivery service, for division 10.4 (Voting otherwise than\nat a polling place)—see section 136.\nauthorised officer means an officer authorised by the commissioner\nfor the purpose of the provision in which the expression occurs.\navailable for public inspection—see section 4A.\nballot paper—\n(a) includes an electronic ballot paper; and\n(b) if a regulation is in force under section 114 (7) (Ballot papers)—\nmeans a ballot paper in the form prescribed by regulation; and\n(c) for schedule 4 (Ascertaining result of poll)—see schedule 4,\nNote A ballot paper is required to be in the form set out in sch 1 (see s 114 (1)).\nbribery, for part 16 (Disputed elections, eligibility and vacancies)—\nsee section 250.\n\nbroadcast includes televise.\nbroadcaster means—\n(a) the Australian Broadcasting Corporation continued in existence\nunder the Australian Broadcasting Corporation Act 1983\n(Cwlth), section 5; or\n(b) the Special Broadcasting Service Corporation continued in\nexistence under the Special Broadcasting Service Act 1991\n(Cwlth), section 5; or\n(c) the holder of a licence under the Broadcasting Services Act 1992\n(Cwlth); or\n(d) the provider of a broadcasting service under a class licence\nunder that Act.\ncalled, for an extraordinary election, for part 14 (Election funding,\ncandidate means—\n(a) except in part 13 (Casual vacancies)—a person declared to be a\ncandidate under section 109 (Declaration of candidates); and\n(b) in part 13—a person declared to be a candidate under\nsection 193 (Publication of candidates’ details).\ncandidate square—see section 116 (1) (h) (Printing of ballot papers).\ncapped expenditure period, for part 14 (Election funding,\ncertified extract of electors, for an election in an electorate, means a\npreliminary or supplementary certified extract of electors.\ncertified list of electors, for an election in an electorate, means a\npreliminary or supplementary certified list of electors.\nclose associate, of a property developer, for division 14.4A (Gifts\nfrom property developers)—see section 222D.\n\ncolumn, for schedule 2 (Ballot papers—printing of names and\ncollation)—see schedule 2, clause 1.\ncommissioner means the Electoral Commissioner appointed under\nsection 12.\nCommonwealth Electoral Act means the Commonwealth Electoral\nAct 1918 (Cwlth).\nCommonwealth roll means the roll of electors for the ACT required\nby the Commonwealth Electoral Act, section 81.\ncontinuing candidate—\nschedule 4, clause 1; and\nclause 11 (2).\ncontravention, for part 16 (Disputed elections, eligibility and\ncount, for schedule 4 (Ascertaining result of poll)—see schedule 4,\ncount votes, for schedule 4 (Ascertaining result of poll)—see\nschedule 4, clause 1A.\nCourt of Disputed Elections, for part 16 (Disputed elections,\neligibility and vacancies)—see section 252 (2).\ndecided, for division 14.4A (Gifts from property developers)—see\nsection 222B.\ndeclaration vote means a vote cast in accordance with any of the\nfollowing provisions:\n(a) section 135 (Declaration voting at polling places);\n(b) section 136D (Declaration voting in ACT before polling day);\n(c) section 136G (Declaration voting outside ACT on or before\npolling day);\n\n(d) section 144A (Requirements for casting postal votes);\n(e) section 150A (Mobile polling—homelessness polling places).\ndeclaration voting papers, in relation to an election, means—\n(a) a declaration, in the form approved under section 340A\n(Approved forms) for this paragraph, to be completed by an\n(b) a ballot paper suitable for declaration voting at the election; and\n(c) for declaration voting papers other than for postal voting or\nelectronic votes under section 136H—a certificate, in the form\napproved under section 340A for this paragraph, to be\ncompleted by a witness to the declaration; and\n(d) for declaration voting papers other than an electronic vote under\nsection 136H—an envelope, in the form approved under section\n340A for this paragraph, addressed to the commissioner, on\nwhich appears a declaration referred to in paragraph (a).\ndefined details, for division 14.4 (Gifts and certain loans—records\nand disclosure)—see section 216.\ndefined particulars, for division 14.6 (Annual returns)—see\nsection 228.\ndisclosure period, for part 14 (Election funding, expenditure and\nfinancial disclosure)—see section 201.\ndisseminate electoral matter (whether in printed or electronic form)\nmeans print, publish, distribute, produce or broadcast the electoral\nmatter.\nearly polling place—see section 136B (1).\nelection means—\n(a) an election of an MLA or MLAs; and\n(b) in relation to an electorate—such an election for the electorate;\nand\n\n(c) for part 16 (Disputed elections, eligibility and vacancies)—see\nsection 250.\nelection period, in relation to an election, means the period—\n(a) beginning on the first day of the pre-election period; and\n(b) ending when the result of the election is declared under\nsection 189.\nelector means a person who is enrolled, or is to be taken under this\nAct to be enrolled, for an electorate.\nelectoral advertisement, for part 14 (Election funding, expenditure\nelectoral commission means the Australian Capital Territory\nElectoral Commission established by section 5.\nelectoral expenditure, in relation to an election—\n(a) for part 14 (Election funding, expenditure and financial\ndisclosure) generally—see section 198; and\n(b) for division 14.2B (Limitations on electoral expenditure)—see\nsection 205C (1).\nelectoral matter—see section 4.\nelectoral paper means a document, form or notice provided for or\nrequired under this Act.\nelectorate means an electorate, the name and boundaries of which are\nspecified in a determination in force under section 35.\nelectronic form, of a roll or an extract from a roll, means a disk, tape\nor other device from which the information in the extract or roll may\nbe reproduced by mechanical, electronic or other means.\nelectronic voting means voting at an election using an electronic\nballot paper, and includes telephone voting.\neligible overseas elector means a person who is an eligible overseas\nelector under section 74.\n\neligible vote, for part 14 (Election funding, expenditure and financial\nentity, for part 14 (Election funding, expenditure and financial\nenvelope, for schedule 3 (Preliminary scrutiny of declaration voting\npapers)—see schedule 3, clause 1.\nexcluded candidate, for schedule 4 (Ascertaining result of poll)—see\nschedule 4, clause 1.\nexpenditure cap, for division 14.2B (Limitations on electoral\nexpenditure)—see section 205D.\nextract, from a roll—see section 59.\nextraordinary election—see section 101.\nfile, for part 16 (Disputed elections, eligibility and vacancies)—see\nsection 250.\nfinancial controller, for part 14 (Election funding, expenditure and\nfinancial institution, for part 14 (Election funding, expenditure and\nfinancial representative, for part 14 (Election funding, expenditure\nforeign entity, for division 14.4B (Gifts from foreign entities)—see\nformer MLA, for part 13 (Casual vacancies)—see section 190.\nfree facilities use, for part 14 (Election funding, expenditure and\ngeneral election means a general election of MLAs.\n\ngift—\n(a) for part 14 (Election funding, expenditure and financial\ndisclosure) generally—see section 198AA; and\n(b) for division 14.4A (Gifts from property developers)—see\nsection 222B; and\n(c) for division 14.4B (Gifts from foreign entities)—see\ngovernment agency means—\n(a) the public service; or\n(b) a public sector body; or\n(c) a territory instrumentality.\ngroup, in relation to candidates in an election, means candidates\nwhose names are grouped on the ballot papers in accordance with\nsection 115 (Grouping of candidates’ names).\nhomelessness polling place, for division 10.5 (Mobile polling)—see\nsection 149B (1).\nhospital includes a convalescent home and an institution similar to a\nhospital or convalescent home.\nhour of nomination—see section 108.\nincurs, electoral expenditure, for part 14 (Election funding,\nexpenditure and financial disclosure)—see section 202A.\nindex number, for part 14 (Election funding, expenditure and\ninternally reviewable decision, for part 15 (Notification and review\nof decisions)—see section 245.\ninternal review notice—see section 244.\ninterstate declaration polling place—see section 136G (1) (a).\n\ninvestigation notice, for division 14.7 (Compliance)—see\nsection 235.\nloan, for part 14 (Election funding, expenditure and financial\nmake, a relevant planning application, for division 14.4A (Gifts from\nproperty developers)—see section 222B.\nMLA—\n(a) means a member of the Assembly; and\n(b) in division 14.3A (Administrative expenditure funding)—see\nsection 215A.\nnewspaper means a newspaper circulating in the ACT.\nnews publication means a newspaper or periodical and includes an\nelectronic publication of a similar kind.\nnext available preference, for schedule 4 (Ascertaining result of\npoll)—see schedule 4, clause 1.\nnon-party candidate grouping, for part 14 (Election funding,\nnon-party MLA, for part 14 (Election funding, expenditure and\nnon-party prospective candidate grouping, for part 14 (Election\nfunding, expenditure and financial disclosure)—see section 198.\nofficer means—\n(a) a person appointed under section 33 (Officers) to be an officer;\nor\n(b) a person exercising a power under this Act under an arrangement\nunder section 70 (Joint roll arrangements with the\nCommonwealth) or section 336 (Administrative arrangements\nwith Commonwealth and States); or\n\n(c) in relation to a particular matter—a person mentioned in\nparagraph (a) or (b) exercising a power in relation to the matter.\nofficial error, in relation to a person voting or seeking to vote at an\nelection, means the removal of the person’s name under this Act from\nthe roll for an electorate in which the person is otherwise entitled to\nvote unless the name was so removed before 6 pm on the first day of\nthe pre-election period for the previous election.\nOIC means—\n(a) in relation to a scrutiny centre—the officer in charge of the\ncentre; and\n(b) in relation to a polling place—the officer in charge of the place;\nand\n(c) in relation to an early polling place—the officer in charge of the\nplace.\nordinary election means a general election required by section 100.\nordinary vote means a vote other than a declaration vote.\nparticipant, for division 14.5 (Disclosure of electoral expenditure)—\nsee section 223.\nparty, for part 14 (Election funding, expenditure and financial\nparty candidate means—\n(a) a candidate at an election nominated by the registered officer of\na registered party; and\n(b) in relation to a registered party—a candidate nominated by the\nregistered officer of the party.\nparty grouping, for part 14 (Election funding, expenditure and\nperson, for part 14 (Election funding, expenditure and financial\n\nperson, for part 15 (Notification and review of decisions)—see\nsection 245.\nplace of nomination—see section 108.\npolitical entity—\n(a) for division 14.4A (Gifts from property developers)—see\nsection 222B; and\n(b) for division 14.4B (Gifts from foreign entities)—see\npolitical party means an organisation, incorporated or\nunincorporated, an object or activity of which is the promotion of the\nelection to the Assembly of a candidate or candidates endorsed by it.\npolling day—\n(a) means the day when, apart from section 111 (Need for an\nelection), a poll for an election would be required; and\n(b) except in part 8 (Timing of elections) and part 9 (Arrangements\nfor elections), includes—\n(i) if the time for holding an election is extended under\nsection 159 for more than 1 day—each of those days; and\n(ii) if polling is suspended under section 160—a day when\npolling is resumed.\npolling place—\n(a) for the Act—means a place appointed as a polling place under\nsection 119 (Polling places and scrutiny centres); and\n(b) for division 17.3 (Campaigning offences)—see section 291.\npost, for division 10.4 (Voting otherwise than at a polling place)—\nsee section 136.\npostal vote means a declaration vote to which section 144A\n(Requirements for casting postal votes) applies.\n\npre-election period means the period of 37 days ending on the end of\npolling day for an election.\npreliminary certified extract of electors, for an election in an\nelectorate—see section 121 (4).\npreliminary certified list of electors, for an election in an electorate—\nsee section 121 (4).\nproceeding, for part 16 (Disputed elections, eligibility and\nproperty developer, for division 14.4A (Gifts from property\ndevelopers)—see section 222C.\nprospective candidate, for an election, for part 14 (Election funding,\nquota—\nschedule 4, clause 1B; and\nclause 12.\nredistribution includes distribution.\nregister, for part 14 (Election funding, expenditure and financial\nregistered, for an abbreviation of the name of a registered party,\nmeans an abbreviation included in the particulars for the party in the\nregister of political parties.\nregistered industrial organisation, for part 14 (Election funding,\nregistered officer, for a registered party, means the person whose\nname is entered in the register of political parties as the registered\nofficer of the party.\n\nregistered party means a political party registered under part 7\n(Registration of political parties).\nregister of political parties means the register of political parties kept\nunder section 88 (Register).\nregistrar, for part 16 (Disputed elections, eligibility and vacancies)—\nsee section 250.\nrelated—2 political parties are taken to be related if—\n(a) 1 is part of the other; or\n(b) both are parts of the same political party.\nthe ACT branch of a political party and the national secretariat of the same political\nparty\nrelevant Assembly committee means the standing committee of the\nLegislative Assembly whose functions include the examination of\nelectoral matters.\nrelevant planning application, for division 14.4A (Gifts from\nproperty developers)—see section 222E.\nreportage or commentary, for division 17.3 (Campaigning\noffences)—see section 291.\nreporting agent, for part 14 (Election funding, expenditure and\nresearch personnel, for part 11 (Polling in Antarctica)—see\nreturn, for division 14.7 (Compliance)—see section 235.\nreturning officer, for part 11 (Polling in Antarctica)—see\nreviewable decision, for part 15 (Notification and review of\ndecisions)—see section 245.\n\nroll means a roll of electors kept under this Act.\nNote Part 5 contains provisions about the keeping of electoral rolls.\nscrutineer means a person appointed under section 122 to be a\nscrutiny centre means a place appointed as a scrutiny centre under\nsection 119.\nsecretary, in relation to a political party, means the secretary or chief\nadministrative officer (however described) of the party.\nSpeaker—\n(a) for part 13 (Casual vacancies)—see section 190; and\n(b) for part 16 (Disputed elections, eligibility and vacancies)—see\nsection 251.\nNote Speaker is defined in the Legislation Act 2001, dict. pt 1.\nspecial hospital, for division 10.5 (Mobile polling)—see section 149.\nstaff, in relation to the electoral commission, means—\n(a) the staff assisting the commissioner referred to in section 31; and\n(b) persons employed or engaged under section 32.\nstation, for part 11 (Polling in Antarctica)—see section 167.\nsuccessful candidate, for schedule 4 (Ascertaining result of poll)—\nsee schedule 4, clause 1.\nsupplementary certified list of electors, for an election in an\nelectorate—see section 121 (4).\nsuppressed address means an address particulars of which are\nrequired to be suppressed from a roll extract under section 77.\nsurplus, for schedule 4 (Ascertaining result of poll)—see schedule 4,\n\nthird-party campaigner, for part 14 (Election funding, expenditure\ntotal votes, for schedule 4 (Ascertaining result of poll)—see\nschedule 4, clause 1.\ntransfer value—\nschedule 4, clause 1C; and\nclause 13.\ntransmit, for part 11 (Polling in Antarctica)—see section 167.\nundue influence, for part 16 (Disputed elections, eligibility and\nvisiting officer, for division 10.5 (Mobile polling)—see section 149.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nElectoral Act 1992 A1992-71\nnotified 8 December 1992 (Gaz 1992 No S218)\ns 1, s 2 commenced 8 December 1992 (s 2 (1))\nremainder commenced 21 December 1992 (Gaz 1992 No S243 p 19)\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nElectoral (Amendment) Act 1994 A1994-14\nnotified 17 May 1994 (Gaz 1994 No S85)\ns 1, s 2, s 22 (in pt), s 23 (in pt) commenced 17 May 1994 (s 2 (1), (2))\nss 3-21 commenced 6 June 1994 (Gaz 1994 No S105)\ns 22 (new pt 13) commenced 3 March 1995 (s 2 (5))\ns 22 (new pt 16 (ss 244-278)) commenced 25 August 1994 (s 2 (6) and\nGaz 1994 No S172)\ns 24 commenced 1 September 1994 (Gaz 1994 No S172)\nremainder commenced 25 August 1994 (Gaz 1994 No S172)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 32\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch1 pt 32 commenced 1 July 1994 (Gaz 1994 No S142 p 2)\nElectoral (Amendment) Act (No 2) 1994 A1994-78\nnotified 17 November 1994 (Gaz 1994 No S252)\ncommenced 17 November 1994 (s 2)\nAnnual Reports (Government Agencies) (Consequential Provisions)\nAct 1995 A1995-25 sch\nnotified 5 September 1995 (Gaz 1995 No S212)\ncommenced 5 September 1995 (s 2)\nElectoral (Amendment) Act 1995 A1995-33\nnotified 31 October 1995 (Gaz 1995 No S266)\ncommenced 31 October 1995 (s 2)\n\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\ncommenced 18 December 1995 (s 2)\nRemuneration Tribunal (Consequential and Transitional Provisions)\nAct 1995 A1995-56 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\nsch commenced 21 December 1995 (s 2 and see\nGaz 1995 No S315 p 2)\nElectoral (Amendment) Act 1996 A1996-56\nnotified 29 November 1996 (Gaz 1996 No S320)\ncommenced 29 November 1996 (s 2)\nLand (Planning and Environment) (Amendment) Act (No 3) 1996\nA1996-85\nnotified 24 December 1996 (Gaz 1996 No S345)\ns 1, s 2 commenced 24 December 1996 (s 2 (1))\nremainder commenced 24 June 1997 (s 2 (3))\nElectoral (Amendment) Act 1997 A1997-38\nnotified 1 September 1997 (Gaz 1997 No S257)\nss 1-3 commenced 1 September 1997 (s 2 (1))\nremainder commenced 1 May 1998 (s 2 (2))\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by 2002 (No 2) No 49 pt 3.19)\nnotified 19 September 1997 (Gaz 1997 No S264)\ns 1, s 2 commenced 19 September 1997 (s 2 (1))\nsch 1 commenced 24 September 1997 (s 2)\nElectoral (Amendment) Act (No 2) 1997 A1997-91\nnotified 1 December 1997 (Gaz 1997 No S380)\ncommenced 1 December 1997 (s 2)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\n\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (Gaz 1998 No 49 p 1078)\nElectoral (Amendment) Act 1998 A1998-61\nnotified 11 December 1998 (Gaz 1998 No S209)\ncommenced 11 December 1998 (s 2)\nElectoral Amendment Act 2000 A2000-50\nnotified 28 September 2000 (Gaz 2000 No 39)\ncommenced 28 September 2000 (s 2)\nElectoral Amendment Act 2000 (No 2) A2000-76\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\nremainder commenced 11 April 2001 (Gaz 2001 No 14)\nSurveyors (Consequential Amendments) Act 2001 A2001-3 sch 1\nnotified 8 March 2001 (Gaz 2001 No 10)\ns 1, s 2 commenced 8 March 2001 (IA s 10B)\nsch 1 commenced 26 July 2001 (s 2 and Gaz 2001 No 30)\nElectoral Amendment Act 2001 A2001-36\ncommenced 29 June 2001 (s 2)\nElectoral (Entrenched Provisions) Amendment Act 2001 A2001-37\ncommenced 29 June 2001 (s 2)\nElectoral Amendment Act 2001 (No 2) A2001-38\ns 1, s 2 commenced 29 June 2001 (IA s 10B)\nremainder commenced 29 June 2001 (s 2)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44\nsch 1 pt 120\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\namdts 1.1294, 1.1312-1.1321, 1.1338, 1.1339, 1.1342, 1.1343, 1.1350,\n1.1356, 1.1357, 1.1364, 1.1365, 1.1370-1.1372, 1.1378-1.1384,\n1.1398-1.1400 commenced 12 September 2001 (s 2 and see Gaz\n","sortOrder":428},{"sectionNumber":"2001","sectionType":"section","heading":"No S65)","content":"2001 No S65)\npt 120 remainder commenced 12 September 2001 (s 2 and see\nGaz 2001 No S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.17\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.17 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.21\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.21 commenced 17 September 2002 (s 2 (1))\nElectoral Amendment Act 2002 A2002-32\nnotified LR 8 October 2002\ns 1, s 2 commenced 8 October 2002 (LA s 75 (1))\nremainder commenced 9 October 2002 (s 2)\nDistricts Act 2002 A2002-39 pt 1.3\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\npt 1.3 commenced 11 October 2002 (s 2)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.19\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.19 commenced 24 September 1997 (s 2 (4))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\n\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.4\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.4 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55 s 5)\nElectoral Amendment Act 2003 A2003-54\nnotified LR 3 December 2003\ns 1, s 2 commenced 3 December 2003 (LA s 75 (1))\nremainder commenced 4 December 2003 (s 2)\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.12\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.12 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.11, sch 2 pt 2.31\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.11, sch 2 pt 2.31 commenced 9 April 2004 (s 2 (1))\nElectoral Amendment Act 2004 A2004-26\nnotified LR 21 May 2004\ns 1, s 2 commenced 21 May 2004 (LA s 75 (1))\nremainder commenced 22 May 2004 (s 2)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 1 pt 1.2\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 1 pt 1.2 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\n\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.25\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.25 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.16\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.16 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nElectoral Amendment Act 2006 A2006-36\nnotified LR 27 September 2006\ns 1, s 2 commenced 27 September 2006 (LA s 75 (1))\nremainder commenced 28 September 2006 (s 2)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.15\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.15 commenced 29 September 2006 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.10\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.10 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nSurveyors Act 2007 A2007-33 sch 1 pt 1.2\nnotified LR 25 October 2007\ns 1, s 2 commenced 25 October 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 November 2007 (s 2 and CN2007-15)\nElectoral Legislation Amendment Act 2008 A2008-13\nnotified LR 20 May 2008\ns 1, s 2 commenced 20 May 2008 (LA s 75 (1))\nremainder commenced 21 May 2008 (s 2)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.34\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.34 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nSurveyors Amendment Act 2010 A2010-6 sch 1 pt 1.2\nnotified LR 2 March 2010\ns 1, s 2 commenced 2 March 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 3 March 2010 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.9\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.59\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.59 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.11\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.11 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.20\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.20 commenced 12 December 2011 (s 2)\nElectoral Legislation Amendment Act 2012 A2012-1 pt 2\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\npt 2 commenced 29 February 2012 (s 2)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.15\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.15 commenced 5 June 2012 (s 2 (1))\nElectoral Amendment Act 2012 A2012-28\nnotified LR 18 May 2012\ns 1, s 2 commenced 18 May 2012 (LA s 75 (1))\nremainder commenced 1 July 2012 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\npt 3\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA 75 (1))\npt 3 commenced 1 July 2014 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.6\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.6 commenced 25 November 2013 (s 2)\nElectoral Amendment Act 2014 A2014-29\nnotified LR 18 August 2014\ns 1, s 2 commenced 18 August 2014 (LA s 75 (1))\nremainder commenced 19 August 2014 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.3\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.3 commenced 19 November 2014 (s 2)\nCrimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.3\nnotified LR 4 December 2014\ns 1, s 2 commenced 4 December 2014 (LA s 75 (1))\nsch 1 pt 1.3 commenced 5 December 2014 (s 2)\nElectoral Amendment Act 2015 A2015-5\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\nremainder commenced 3 March 2015 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.5\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.5 commenced 21 May 2015 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.20\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.20 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.16\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.16 commenced 9 December 2015 (s 2)\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.9\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.9 commenced 2 March 2016 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.21\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.21 commenced 27 April 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.23\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.4\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.4 commenced 11 October 2017 (s 2)\n\nLegislative Assembly Legislation Amendment Act 2017 A2017-41 pt 3\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\npt 3 commenced 14 November 2017 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.11\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.11 commenced 23 October 2018 (s 2 (4))\nCOVID-19 Emergency Response Legislation Amendment\nAct 2020 (No 2) A2020-27 pt 2, sch 1\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\npt 2 commenced 9 July 2020 (s 2 (1))\nsch 1 commenced 17 April 2021 (s 2 (2))\nElectoral Legislation Amendment Act 2020 A2020-28 pt 2, sch 2\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\npt 2 commenced 9 July 2020 (s 2 (1))\nsch 2 commenced 9 July 2020 (s 2 (2))\nElectoral Amendment Act 2020 A2020-51\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nremainder commenced 1 July 2021 (s 2)\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.6\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.6 commenced 6 April 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.21\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.21 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nElectoral and Road Safety Legislation Amendment Act 2023 A2023-43\npt 2, sch 1, sch 2 pt 2.1\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nss 4-57, s 59, ss 61-83, sch 1 amdts 1.1-1.5, sch 1 amdts 1.7-1.18,\nsch 2 pt 2.1 commenced 29 November 2023 (s 2 (1))\npt 2 remainder, sch 2 pt 2.1 remainder commenced 1 July 2024\n(s 2 (2))\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 sch 1 pt 1.2\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 12 December 2023 (s 2 (1))\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 8\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 8 commenced 9 June 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.34, sch 4\npt 4.64\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.34, sch 4 pt 4.64 commenced 16 November 2025 (s 2 (1),\n(9))\n\npreamble am A1994-14\nLong title\nlong title sub A1994-14\nName of Act\ns 1 sub A2001-36 amdt 1.1\nCommencement\ns 2 am A1994-14\nom A2001-44 amdt 1.1285\ns 3 def abbreviation ins A1994-14 s 6\ndef candidate ins A1994-14 s 6\ndef declaration vote om A2001-36 amdt 1.2\ndef Electoral Commissioner om A1994-14 s 6\ndef electoral paper ins A1994-14 s 6\ndef officer ins A1994-14 s 6\ndef polling place ins A1994-14 s 6\ndef registered officer ins A1994-14 s 6\ndef register of political parties ins A1994-14 s 6\ndef registered party ins A1994-14 s 6\ndef Self-Government Act ins A1994-14 s 6\ndef Speaker ins A1994-14 s 6\ndefs reloc to dict A2001-36 amdt 1.3\nsub A2001-36 amdt 1.4\nOffences against Act—application of Criminal Code etc\ns 3A ins A2004-26 s 4\nam A2008-13 s 4; A2012-28 s 4; A2015-5 s 4; A2020-51 s 4;\nA2023-43 s 4\nObjects of Act\ns 3B ins A2020-51 s 5\n\nMeaning of electoral matter\ns 4 om A1993-44 sch 2\nins A1994-14\nsub A2001-36 s 5\nam A2004-26 amdt 1.60; A2008-13 s 5\nMeaning of available for public inspection\ns 4A ins A2001-36 s 5\nEstablishment and independence of electoral commission\ndiv 2.1 hdg sub A2001-36 amdt 1.5; A2013-41 s 17\nConstitution of commission\ns 6 am A1994-14\nsub A2002-30 amdt 3.243\nOfficer of the Legislative Assembly\ns 6A ins A2013-41 s 18\nam A2017-41 ss 11-13\nIndependence of member of the electoral commission\ns 6B ins A2013-41 s 18\nFunctions of electoral commission\ndiv 2.2 hdg sub A2001-36 amdt 1.6\nins A2013-41 s 18\nFunctions of electoral commission\ns 7 sub A1994-14\nam LA (see A2001-36 amdt 1.99); A2002-30\namdts 3.244 3.246; A2013-41 s 19; A2016-52 amdt 1.69;\nA2023-43 amdt 2.1\ns 7A renum as s 8\ns 8 (prev s 7A) renum as s 8 and then renum and reloc as s 340B\nPowers\ns 9 (prev s 8) renum as s 9 A1994-14\nom A2002-30 amdt 3.247\nElectoral commission’s annual report\ns 10 (prev s 9) am A1994-14\nrenum as s10 A1994-14\nom A1995-25\nins A1997-91\nsub A2004-9 amdt 1.15\nom A2016-52 amdt 1.70\n\nSpecial reports by electoral commission\ns 10A ins A1997-91\nsub A2002-30 amdt 3.248\nam A2013-41 ss 21-23\nFunctions of electoral commissioner\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum LA (see A2000-76 s 24)\nom A2013-41 s 28\nins A2013-41 s 24\nFunctions of commissioner etc\ns 11 hdg sub A2001-36 amdt 1.7\ns 11 orig s 11\n(prev s 10) renum as s 11 A1994-14\nom A1995-25 sch\nprev s 11\nins A1997-91\ndef member sub A2002-30 amdt 3.249\npres s 11\n(prev s 21) sub A1994-14\nrenum as s11 A1994-14\n(prev s 23) sub A2002-30 amdt 3.261\nrenum and reloc as s 11 A2013-41 s 32\nam A2023-43 amdt 2.1\nAppointment of members of electoral commission\ndiv 2.4 hdg ins A2013-41 s 24\nAppointment\ns 12 (prev s 11) am A1994-14\nrenum as s 12 A1994-14\nam A1994-38 sch 1 pt 32; A2001-44 amdt 1.1287; A2002-30\namdts 3.250-3.252\nsub A2006-36 s 4; A2013-41 s 24\nam A2016-52 amdt 1.71; A2017-41 s 14, s 15; pars renum\nR56 LA; A2025-29 amdt 4.64\nActing appointment—commissioner\ns 12AA renum as s 12A\nActing appointment—commissioner\ns 12A orig s 12A\nrenum as s 12B\npres s 12A\n(prev s 12AA) ins A2013-41 s 24\nrenum as s 12A A2013-41 s 27\n\nEligibility for appointment as electoral commission member\ns 12B hdg (prev s 12A hdg) sub A2013-41 s 25\ns 12B orig s 12B\nrenum as s 12C\npres s 12B\n(prev s 12A) ins A2006-36 s 4\nam A2013-41 s 25\nrenum as s 12B A2013-41 s 27\nam A2023-43 amdts 2.2-2.4\nEligibility for appointment as chairperson\ns 12C (prev s 12B) ins A2006-36 s 4\nam A2011-22 amdt 1.186, amdt 1.187; A2011-28 amdt 3.60;\nA2013-41 s 26\nrenum as s 12C A2013-41 s 27\nam A2016-52 amdt 1.72; pars renum R53 LA; A2023-43\namdts 2.5-2.7\nTerm of appointment\ns 13 (prev s 12) am A1994-14\nrenum as s 13 A1994-14\nsub A2002-30 amdt 3.253; A2013-41 s 28\nOther provisions applying to electoral commission members\ndiv 2.5 hdg ins A2013-41 s 28\nOath or affirmation of office\ns 14 (prev s 13) renum as s 14 A1994-14\nom A1997-41\nins A2002-30 amdt 3.253\nDisclosure of interests—generally\ns 15 (prev s 14) renum as s 15 A1994-14\nElectoral commission member must not do inconsistent work etc\ns 16 (prev s 15) renum as s 16 A1994-14\nom A2002-30 amdt 3.254\nins A2013-41 s 28\nResignation\ns 17 hdg sub A2002-30 amdt 3.255\ns 17 (prev s 16) renum as s 17 A1994-14\nam A2002-30 amdt 3.256, amdt 3.257\nRetirement\ns 18 (prev s 17) renum as s 18 A1994-14\nom A2002-30 amdt 3.258\nins A2013-41 s 28\n\nSuspension—generally\ns 18A ins A2013-41 s 28\nam A2015-50 amdt 3.97; A2016-52 amdt 1.73\nSuspension—relevant Assembly committee notice and meetings\ns 18B ins A2013-41 s 28\nSuspension—ending suspension\ns 18C ins A2013-41 s 28\nam A2015-50 amdt 3.97\nEnding of appointment\ns 18D ins A2013-41 s 28\nLeave of absence\ns 18E ins A2013-41 s 28\nElectoral commission meetings\ndiv 2.6 hdg ins A2013-41 s 28\nProcedure\ns 19 (prev s 18) renum as s 19 A1994-14\nam A2023-43 amdt 2.8\nDelegation by electoral commission\ns 20 (prev s 18A) renum as s 20 and then renum and reloc as\ns 33B A2013-41 s 29\nDisclosure of interests—meetings\ns 21 hdg sub A2013-41 s 30\ns 21 (prev s 19) renum as s 21 A1994-14\nAppointment\ns 22 (prev s 20) am A1994-14\nrenum as s 22 A1994-14\nam A2001-44 amdt 1.1288, amdt 1.1289; A2002-30\namdt 3.260\nFunctions of commissioner etc\ns 23 (prev s 21) renum as s 23 and then renum and reloc as s 11\nA2013-41 s 32\nDelegation by commissioner\ns 24 (prev s 21A) renum as s 24 and then renum and reloc as\ns 33C A2013-41 s 33\nTerm of appointment of commissioner\ns 25 (prev s 22) am A1994-14\nrenum as s 25 A1994-14\nsub A2002-30 amdt 3.263\n\nConditions of appointment of commissioner generally\ns 26 (prev s 23) am A1994-14\nrenum as s 26 A1994-14\nom A1995-56\nins A2002-30 amdt 3.263\nLeave of absence\ns 27 (prev s 24) am A1994-14\nrenum as s 27 A1994-14\nResignation\ns 28 (prev s 25) am A1994-14\nrenum as s 28 A1994-14\nom A2002-30 amdt 3.264\nSuspension or ending of appointment of commissioner\ns 29 hdg sub A2002-30 amdt 3.265\ns 29 (prev s 26) am A1994-14\nrenum as s 29 A1994-14\nam A2002-30 amdt 3.266, amdt 3.267\nActing commissioner\ns 30 (prev s 27) am A1994-14\nrenum as s 30 A1994-14\nom A2002-30 amdt 3.268\nStaff of electoral commissioner etc\ndiv 2.7 hdg ins A2013-41 s 35\nCommissioner’s staff\ns 31 (prev s 27A) ins A1994-14\nrenum as s 31 A1994-14\nsub A1994-38 sch 1 pt 32; A2013-41 s 35; A2016-52\namdt 1.74\nTemporary staff and consultants\ns 32 (prev s 27B) ins A1994-14\nrenum as s 32 A1994-14\nam A1994-38 sch 1 pt 32; A2013-41 s 36\nOfficers\ns 33 (prev s 27C) ins A1994-14\nrenum as s 33 A1994-14\nam A2001-36 amdt 1.8; A2002-30 amdt 3.269; A2004-39\namdt 1.14; A2023-43 amdt 2.9\nStaff not subject to direction from others\ns 33A ins A2013-41 s 37\n\nDelegation by electoral commission\ns 33B (prev s 18A) ins A1994-14\nrenum as s 20 A1994-14\n(prev s 20) sub A2002-30 amdt 3.259\nreloc and renum as s 33B A2013-41 s 29\nam A2016-52 amdt 1.75; A2023-43 amdt 2.10\nDelegation by commissioner\ns 33C (prev s 21A) ins A1994-14\nrenum as s 24 A1994-14\n(prev s 24) sub A2001-30 amdt 3.262\nrenum and reloc as s 33C A2013-41 s 33\nam A2016-52 amdt 1.76; A2023-43 amdt 2.10\nElectoral commissioner and staff of electoral commission\npt 3 hdg sub A1994-14\nElectoral commissioner\ndiv 3.1 hdg (prev pt 3 div 1 hdg) ins A1994-14\nStaff of electoral commission\ndiv 3.2 hdg (prev pt 3 div 2 hdg) ins A1994-14\nom A2013-41 s 35\nMultimember electorates\ns 34 (prev s 28) renum as s 34 A1994-14\nsub A2014-29 s 4\n(3), (4) exp 31 December 2016 (s 34 (4))\nRedistribution of electorates\ns 35 (prev s 29) renum as s 35 A1994-14\nam A2001-44 amdt 1.1290; A2011-28 amdt 3.61; A2025-29\nFactors relevant to redistribution\ns 36 (prev s 30) renum as s 36 A1994-14\nam A2002-39 amdt 1.3\nTiming of redistributions\ns 37 (prev s 31) am A1994-14\nrenum as s 37 A1994-14\nam A1998-61; A2002-30 amdts 3.270-3.272\nTiming of redistribution after 2001 ordinary election\ns 37A ins A2002-32 s 4\nexp 16 October 2004 (s 37A (3))\n\nSuspension of redistribution process—extraordinary elections\ns 38 (prev s 31A) ins A1994-14\nrenum as s 38 A1994-14\nam A2002-30 amdt 3.273\nRedistribution committees\ns 39 (prev s 32) am A1994-14\nrenum as s 39 A1994-14\nam A1996-85; A2000-3 sch 1; A2001-44 amdt 1.1291;\nA2002-30 amdt 3.274; A2002-56 amdt 3.29; A2007-33\namdt 1.5, amdt 1.6; A2010-6 amdt 1.5, amdt 1.6; A2011-28\namdt 3.77; A2013-41 s 38; A2023-36 amdt 1.113; A2025-29\nMeetings of redistribution committee\ns 40 (prev s 33) am A1994-14\nrenum as s 40 A1994-14\nam A2023-43 amdt 2.11\nSuggestions and comments about redistribution\ns 41 (prev s 34) renum as s 41 A1994-14\nam A2001-36 amdt 1.9\nsub A2001-44 amdt 1.1292\nam A2015-33 amdt 1.56; A2025-29 amdt 4.64\nOutline of proposal\ns 42 (prev s 35) renum as s 42 A1994-14\nProposed redistribution\ns 43 (prev s 36) renum as s 43 A1994-14\nam A2001-44 amdt 1.1293\nNotification and publication of proposal\ns 44 (prev s 37) renum as s 44 A1994-14\nam A2001-36 amdt 1.10\nsub A2001-44 amdt 1.1294\nam A2015-33 amdt 1.57; A2025-29 amdt 4.64\nDissolution of redistribution committee\ns 45 (prev s 38) renum as s 45 A1994-14\nsub A2001-44 amdt 1.1295\nObjections\ns 46 (prev s 39) renum as s 46 A1994-14\nam A2001-36 s 6 and amdt 1.11; A2001-44 amdt 1.1296\nAugmented electoral commission\ns 47 (prev s 40) am A1994-14\nrenum as s 47 A1994-14\nam A2002-30 amdt 3.275; A2007-33 amdt 1.7; A2010-6\namdt 1.7, amdt 1.8\n\nMeetings of augmented electoral commission\ns 48 orig s 48\nom A1994-14\npres s 48\n(prev s 41) am A1994-14\nrenum as s 48 A1994-14\nam A2023-43 amdt 2.12\nInvestigation of objections\ns 49 (prev s 42) renum as s 49 A1994-14\nam A1997-91; A2001-44 amdt 1.1297, amdt 1.1298; A2008-13\ns 6\nRedistribution—proposal by augmented electoral commission\ns 50 (prev s 43) renum as s 50 A1994-14\nPublication of augmented electoral commission’s proposal\ns 51 (prev s 44) renum as s 51 A1994-14\nam A2001-44 amdt 1.1299, amdt 1.1300; A2025-29 amdt 4.64\nObjections to augmented electoral commission’s proposal\ns 52 (prev s 45) am A1994-14\nrenum as s 52 A1994-14\nam A2001-36 s 7; A2001-44 amdt 1.1301; A2002-30\namdt 3.352\nReport by augmented electoral commission and public announcement\ns 53 (prev s 46) am A1994-14\nrenum as s 53 A1994-14\nam A2013-41 s 39\nReport to Legislative Assembly\ns 54 (prev s 47) am A1994-14\nrenum as s 54 A1994-14\nam A2013-41 s 39\nDecisions are final\ns 55 (prev s 49) am A1994-14\nrenum as s 55 A1994-14\nam A2002-30 amdt 3.276; A2006-40 amdt 2.105; A2015-50\namdt 3.98\nValidity not affected\ns 56 (prev s 50) am A1994-14\nrenum as s 56 A1994-14\nElectoral rolls\npt 5 hdg sub A1994-14\n\nRolls of ACT electors and electorates\ns 57 hdg sub A2023-43 amdt 2.13\ns 57 (prev s 51) sub A1994-14\nrenum as s 57 A1994-14\nContents of roll\ns 58 (prev s 52) sub A1994-14\nrenum as s 58 A1994-14\nam A2002-30 amdt 3.277\nMeaning of extract from roll\ns 59 (prev s 53) sub A1994-14\nrenum as s 59 A1994-14\nsub A2002-30 amdt 3.278\nam A2020-28 s 5\nInspection of printed roll extracts\ns 60 (prev s 54) ins A1994-14\nrenum as s 60 A1994-14\nSupply of printed roll extract to MLAs etc\ns 61 (prev s 55) ins A1994-14\nrenum as s 61 A1994-14\nam A2001-44 amdt 1.1302, amdt 1.1303; A2013-41 s 45;\nSupply of roll extracts in electronic form to MLAs etc\ns 62 (prev s 56) ins A1994-14\nrenum as s 62 A1994-14\nam A1997-91; A2001-44 amdt 1.1304, amdt 1.1305; A2013-41\ns 45; A2025-29 amdt 4.64\nUse of roll extracts\ns 63 (prev s 57) ins A1994-14\nrenum as s 63 A1994-14\nsub A2001-36 s 8\nam A2023-43 amdt 2.14\nProhibited use of roll extracts\ns 64 (prev s 58) ins A1994-14\nrenum as s 64 A1994-14\nom A2001-36 s 8\nProvision of roll information to prescribed authorities\ns 65 (prev s 59) ins A1994-14\nrenum as s 65 A1994-14\nam A1997-91; A1998-54; A2002-30 amdt 3.279\n\nMaintenance of rolls\ns 66 (prev s 60) ins A1994-14\nrenum as s 66 A1994-14\nPower to require information\ns 67 (prev s 61) ins A1994-14\nrenum as s 67 A1994-14\nam A1998-54; A2001-36 amdt 1.12; A2002-30 amdt 3.352;\nA2016-52 amdt 1.77; pars renum R53 LA; A2023-43\namdt 2.15\nNotice of registered deaths\ns 68 (prev s 62) ins A1994-14\nrenum as s 68 A1994-14\nam A2012-1 s 4\nDisclosure of roll information\ns 69 (prev s 63) ins A1994-14\nrenum as s 69 A1994-14\nJoint roll arrangements with Commonwealth\ns 70 (prev s 64) ins A1994-14\nrenum as s 70 A1994-14\nEnrolment\npt 6 hdg ins A1994-14\nPersons taken not to be enrolled on Commonwealth roll\ns 71 hdg sub A2001-36 amdt 1.13\ns 71 (prev s 65) ins A1994-14\nrenum as s 71 A1994-14\nam A2001-36 amdts 1.14-1.16\nAddress of person serving sentence of imprisonment\ns 71A hdg ins A2001-36 amdt 1.15\ns 71A (prev s 71 (2)) renum as s 71A A2001-36 amdt 1.15\nam A2006-23 amdt 1.182, amdt 1.183; A2014-58 amdt 1.5;\nA2016-4 amdt 1.17\nEntitlement\ns 72 (prev s 66) ins A1994-14\nrenum as s 72 A1994-14\nam A2008-13 s 7; ss renum R26 LA\nCompulsory enrolment etc—residents\ns 73 (prev s 67) ins A1994-14\nrenum as s 73 A1994-14\nam A1998-54; A2002-30 amdt 3.352\n\nEligible overseas electors\ns 74 (prev s 68) ins A1994-14\nrenum as s 74 A1994-14\nam A2023-43 amdt 2.16\nAge 16 enrolment\ns 75 hdg sub A2012-1 s 5\ns 75 (prev s 69) ins A1994-14\nrenum as s 75 A1994-14\nam A2012-1 s 6\nEnrolment etc\ns 76 (prev s 70) ins A1994-14\nrenum as s 76 A1994-14\nam A2001-36 s 9, s 10; A2001-44 amdt 1.1306, amdt 1.1307\nam LA (see A2001-36 amdt 1.99); A2002-30 amdt 3.352;\nA2008-13 s 8, A2008-37 amdt 1.147; A2020-28 s 6, s 7;\nA2023-43 amdt 2.17; A2025-29 amdt 4.64\nSuppression of elector’s address\ns 77 (prev s 71) ins A1994-14\nrenum as s 77 A1994-14\nam LA (see A2001-36 amdt 1.99); A2001-44 amdt 1.1308,\namdt 1.1309, A2008-37 amdt 1.147; A2011-52 amdt 3.72;\nA2013-44 amdt 3.61; A2016-18 amdt 3.101; A2023-43\namdt 2.18, amdt 2.19; A2025-29 amdt 4.64\nInclusion of particulars on roll following suppression\ns 78 (prev s 72) ins A1994-14\nrenum as s 78 A1994-14, A2008-37 amdt 1.147\nSuppression of elector’s address pending review\ns 79 (prev s 73) ins A1994-14\nrenum as s 79 A1994-14\nam A2008-37 amdt 1.139; A2011-52 amdt 3.73\nClosed rolls\ns 80 (prev s 74) ins A1994-14\nrenum as s 80 A1994-14\nam A1994-78; A1997-91; A2001-36 s 11; LA (see A2001-36\namdt 1.99); A2002-30 amdt 3.280\nom A2020-28 s 8\nObjections to enrolment\ns 81 (prev s 75) ins A1994-14\nrenum as s 81 A1994-14\nam A1997-91; LA (see A2001-36 amdt 1.99); A2001-44\namdt 1.1310, amdt 1.1311; A2002-30 amdts 3.281-3.284,\namdt 3.352, A2008-37 amdt 1.147; A2023-43 amdt 2.19;\n\nRecord of claims for enrolment\ns 82 (prev s 76) ins A1994-14\nrenum as s 82 A1994-14\nProcessing enrolment claims\ns 83 (prev s 77) ins A1994-14\nrenum as s 83 A1994-14\nTransmission of enrolment claims\ns 84 (prev s 78) ins A1994-14\nrenum as s 84 A1994-14\nProduction of claims for enrolment before a court\ns 85 (prev s 79) ins A1994-14\nrenum as s 85 A1994-14\nam A2002-30 amdt 3.285\nClaims for enrolment not subject to warrants\ns 86 (prev s 80) ins A1994-14\nrenum as s 86 A1994-14\nam A2023-43 amdt 2.20\nRegistration of political parties\npt 7 hdg ins A1994-14\nam A2004-26 amdt 1.1\nDefinitions—pt 7\ns 87 hdg sub A2012-28 s 5\ns 87 (prev s 81) ins A1994-14\nrenum as s 87 A1994-14\nsub A2001-36 s 12; A2008-13 s 9\ndef address ins A2008-13 s 9\nam A2023-43 s 5\ndef related ins A2008-13 s 9\nom A2012-28 s 6\nRegister of political parties\ns 88 hdg sub A2004-26 amdt 1.2\ns 88 (prev s 82) ins A1994-14\nrenum as s 88 A1994-14\nam A2004-26 amdts 1.3-1.7, amdt 1.62, amdt 1.63; A2023-43\ns 6\n\nApplication for registration of political party\ns 89 (prev s 83) ins A1994-14\nrenum as s 89 A1994-14\nam A2001-44 amdt 1.1312, amdt 1.1313; A2004-26 ss 5-7;\nA2008-13 s 10; ss renum R26 LA; A2023-43 s 7, s 8; pars\nrenum R65 LA; A2025-29 amdt 4.64\nApplication for registration of ballot group\ns 89A ins A2001-36 s 12\nam A2001-44 amdt 1.1314, amdt 1.1315\nom A2004-26 amdt 1.8\nFurther information about application for political party registration\ns 90 (prev s 84) ins A1994-14\nrenum as s 90 A1994-14\nam A2002-30 amdt 3.352; A2004-26 s 8; ss renum R16 LA\n(see A2004-26 s 9), A2008-37 amdt 1.147\nNotification and publication of applications\ns 91 (prev s 85) ins A1994-14\nrenum as s 91 A1994-14\nam A2001-44 amdt 1.1316; A2004-26 amdts 1.9-1.11,\namdt 1.62, amdt 1.63; A2008-13 s 11, s 12; A2015-33\namdt 1.58; A2023-43 s 9; A2025-29 amdt 4.64\nObjections to applications and responses\ns 91A ins A2001-36 s 12\nRegistration of political parties\ns 92 hdg sub A2004-26 amdt 1.12\ns 92 (prev s 86) ins A1994-14\nrenum as s 92 A1994-14\nam A2001-44 amdt 1.1317; A2004-26 amdt 1.13, amdt 1.62,\namdt 1.63, A2008-37 amdt 1.147; A2025-29 amdt 4.64\nRefusal of applications for registration\ns 93 (prev s 87) ins A1994-14\nrenum as s 93 A1994-14\nam A2004-26 s 10, amdts 1.14-1.16, amdt 1.62, amdt 1.63,\namdt 1.65; pars renum R16 LA (see A2004-26 amdt 1.66);\nA2008-13 s 13, s 14, A2008-37 amdt 1.147; A2023-43\nss 10-12; ss and pars renum R65 LA\n\nAmendment of applications for registration\ns 94 (prev s 88) ins A1994-14\nrenum as s 94 A1994-14\nChanges to particulars in register\ns 95 (prev s 89) ins A1994-14\nrenum as s 95 A1994-14\nam A2004-26 amdt 1.17, amdt 1.18, amdt 1.65; ss renum R16\nLA (see A2004-26 amdt 1.66)\nObjection to continued use of name\ns 95A ins A2001-36 s 12\nam A2004-26 amdt 1.61; A2023-43 s 13, s 14; ss renum R65\nLA\nWhen certain action cannot be taken\ns 95B ins A2004-26 s 11\nNo action under pt 7 during pre-election period\ns 96 (prev s 90) ins A1994-14\nrenum as s 96 A1994-14\nWho can be a registered officer\ns 96A ins A1997-91\nam A2004-26 amdt 1.65\nDeputy registered officer\ns 97 (prev s 91) ins A1994-14\nrenum as s 97 A1994-14\nam A2004-26 amdt 1.19, amdt 1.62, amdt 1.65\nInformation about political parties\ns 97A ins A2001-36 s 12\nsub A2004-26 s 12\nam A2023-43 s 15\n\nCancellation of registration of political parties\ns 98 hdg sub A2004-26 amdt 1.20\ns 98 (prev s 92) ins A1994-14\nrenum as s 98 A1994-14\nam A2001-44 amdts 1.1318-1.1321; A2004-26\namdts 1.21-1.25, amdt 1.62, amdt 1.65; ss renum R16 LA\n(see A2004-26 amdt 1.66); A2008-37 amdt 1.147; A2025-29\nUse of party name after cancellation\ns 99 hdg sub A2004-26 amdt 1.26\ns 99 (prev s 93) ins A1994-14\nrenum as s 99 A1994-14\nam A2004-26 amdt 1.27, amdt 1.28; ss renum R16 LA (see\nA2004-26 amdt 1.66)\nGeneral requirements about constitutions of registered parties\ns 99A ins A2001-36 s 12\nTiming of elections\npt 8 hdg ins A1994-14\nOrdinary elections\ns 100 (prev s 94) ins A1994-14\nrenum as s 100 A1994-14\nam A1997-38; A2002-30 amdt 3.286; A2003-54 s 4\nExtraordinary elections\ns 101 (prev s 95) ins A1994-14\nrenum as s 101 A1994-14\nam A2001-44 amdt 1.1322; A2011-28 amdt 3.77; A2015-50\namdt 3.99; A2025-29 amdt 4.64\nPolling day\ns 102 (prev s 96) ins A1994-14\nrenum as s 102 A1994-14\nsub A2002-30 amdt 3.287\nArrangements for elections\npt 9 hdg ins A1994-14\nNominations\ndiv 9.1 hdg (prev pt 9 div 1 hdg) renum LA (see A2000-76 s 24)\n\nEligibility—MLAs\ns 103 (prev s 97) ins A1994-14\nrenum as s 103 A1994-14\nam A2002-30 amdt 3.288; A2006-23 amdts 1.184-1.186;\nss renum R21 LA (see A2006-23 amdt 1.187); A2023-43\namdts 2.21-2.24; A2023-57 amdt 1.4; A2025-29 amdt 3.94\nQualifications for nomination\ns 104 (prev s 98) ins A1994-14\nrenum as s 104 A1994-14\nCandidates to be nominated\ns 105 (prev s 99) ins A1994-14\nrenum as s 105 A1994-14\nam A1994-78; A2001-36 s 13, s 14, amdt 1.17; LA (see\nA2001-36 amdt 1.99); 2001 No 44 amdt 1.1323; ss renum\n(see A2002-11 amdt 2.34); A2002-11 amdt 2.35; A2004-26\namdt 1.29, amdt 1.62, amdt 1.65; pars renum R16 LA (see\nA2004-26 amdt 1.66); A2014-44 amdt 3.17; A2020-28 s 9,\ns 10; A2023-43 amdt 2.25, amdt 2.26; A2025-13 s 20\nNumber of candidates nominated\ns 105A ins A2023-43 s 16\nMultiple nominations invalid\ns 106 (prev s 100) ins A1994-14\nrenum as s 106 A1994-14\nWithdrawal etc of consent to nomination\ns 107 (prev s 101) ins A1994-14\nrenum as s 107 A1994-14\nam A2023-43 amdt 2.27\nPlace and hour of nomination\ns 108 (prev s 102) ins A1994-14\nrenum as s 108 A1994-14\nam A1994-78; LA (see A2001-36 amdt 1.99); A2001-38 s 4;\nA2001-44 amdt 1.1324; A2002-11 amdt 2.36; A2011-28\namdt 3.77; A2014-44 amdt 3.17; A2023-43 s 17; A2025-29\nDeclaration of candidates\ns 109 (prev s 103) ins A1994-14\nrenum as s 109 A1994-14\nam A2001-36 amdt 1.18; A2004-26 amdt 1.65\n\nRejection of nominations\ns 110 (prev s 104) ins A1994-14\nrenum as s 110 A1994-14\nsub A2001-36 s 15\nam A2002-30 amdt 3.352; A2015-50 amdt 3.100\nsub A2023-43 s 18\nPublication of information about candidates\ns 110A hdg sub A2023-43 s 19\ns 110A ins A2020-28 s 11\nam A2023-43 s 20\nNeed for a poll\ns 111 (prev s 105) ins A1994-14\nrenum as s 111 A1994-14\nDeath of candidate before polling day\ns 112 (prev s 106) ins A1994-14\nrenum as s 112 A1994-14\nDeposit—return or forfeiture\ns 113 (prev s 107) ins A1994-14\nrenum as s 113 A1994-14\nsub A2012-1 s 7\nBallot papers\ndiv 9.2 hdg (prev pt 9 div 2 hdg) renum LA (see A2000-76 s 24)\nBallot papers\ns 114 (prev s 108) ins A1994-14\nrenum as s 114 A1994-14\nam A2000-76 s 5; LA (see A2001-36 amdt 1.99); A2001-44\namdt 1.1325, amdt 1.1326; A2002-30 amdt 3.289; A2020-27\ns 4, amdt 1.1; A2023-43 s 21; A2025-29 amdt 4.64\nGrouping of candidates’ names\ns 115 (prev s 109) ins A1994-14\nrenum as s 115 A1994-14\nam A2001-36 amdt 1.19; A2002-30 amdt 3.290; A2004-26\namdt 1.65; A2008-13 s 15\nPrinting of ballot papers\ns 116 (prev s 110) ins A1994-14\nrenum as s 116 A1994-14\nam A2001-38 ss 5-8; A2002-30 amdt 3.291, amdt 3.292;\nA2014-29 ss 5-7; A2023-43 s 22, s 23; ss renum R65 LA\n\nNames on ballot papers\ns 117 (prev s 111) ins A1994-14\nrenum as s 117 A1994-14\nam A1994-78\nsub A2001-36 s 16\nam A2004-26 amdts 1.30-1.32; pars renum R16 LA (see\nA2004-26 amdt 1.66)\nDraw for positions on ballot papers\ns 118 (prev s 112) ins A1994-14\nrenum as s 118 A1994-14\nElectronic voting and vote counting\ndiv 9.3 hdg (prev div 9.2A) ins A2000-76 s 6\nsub A2023-43 s 24\nApproval of computer program for electronic voting and vote counting\ns 118A ins A2000-76 s 6\nam A2001-44 amdt 1.1327\nam LA (see A2001-36 amdt 1.99); A2008-13 s 18; ss renum\nR26 LA; A2023-43 amdt 2.28; A2025-29 amdt 4.64\nArrangements for electronic voting\ns 118AA ins A2023-43 s 25\nApproval of electronic devices for electronic voting\ns 118AB ins A2023-43 s 25\nSecurity of electronic voting devices and computer programs\ns 118B hdg sub A2020-27 s 5, amdt 1.2\ns 118B ins A2000-76 s 6\nam A2020-27 s 6, s 7, amdt 1.3, amdt 1.4; A2023-43 s 26\ndiv 9.4 hdg (prev pt 9 div 3 hdg) renum LA (see A2000-76 s 24)\nPolling places and scrutiny centres\ns 119 (prev s 113) ins A1994-14\nrenum as s 119 A1994-14\nam A2001-36 amdt 1.20; LA (see A2001-36 amdt 1.99);\nA2001-44 amdt 1.1328, amdt 1.1329; A2011-28 amdt 3.62;\nA2015-33 amdt 1.59; A2025-29 amdt 4.64\nAdministrative arrangements\ns 120 (prev s 114) ins A1994-14\nrenum as s 120 A1994-14\nam A2000-76 s 7; A2001-44 amdt 1.1330; A2020-27 s 8, s 9,\namdt 1.5, amdt 1.6\nsub A2023-43 s 27\n\nCertified extracts and certified lists of electors\ns 121 (prev s 115) ins A1994-14\nrenum as s 121 A1994-14\nsub A2012-1 s 8; A2020-28 s 12\nUse of information from certified extracts or certified lists\ns 121A hdg sub A2012-1 s 9\ns 121A ins A2001-36 s 17\nam A2012-1 s 10\nScrutineers—appointment\ns 122 (prev s 116) ins A1994-14\nrenum as s 122 A1994-14\nam A2001-44 amdt 1.1331, amdt 1.1332; A2025-29 amdt 4.64\nScrutineers—conduct\ns 123 (prev s 117) ins A1994-14\nrenum as s 123 A1994-14\nam A1998-54; A2002-30 amdt 3.293\nParticipation by candidates in conduct of election\ns 124 (prev s 118) ins A1994-14\nrenum as s 124 A1994-14\nDetermining matters by lot\ns 125 (prev s 119) ins A1994-14\nrenum as s 125 A1994-14\nam A2001-44 amdt 1.1333; A2011-28 amdt 3.63; A2025-29\nSupplementary elections\ns 126 (prev s 120) ins A1994-14\nrenum as s 126 A1994-14\nVoting\npt 10 hdg ins A1994-14\nGeneral\ndiv 10.1 hdg (prev pt 10 div 1 hdg) renum LA (see A2000-76 s 24)\nMeaning of authorised witness\ns 127 hdg sub A2001-36 amdt 1.21\ns 127 (prev s 121) ins A1994-14\nrenum as s 127 A1994-14\nom A2012-1 s 11\nEntitlement to vote\ns 128 (prev s 122) ins A1994-14\nrenum as s 128 A1994-14; A2001-36 amdt 1.99\nam A1997-91; LA (see A2001-36 amdt 1.99); A2023-43\namdt 2.29\n\nCompulsory voting\ns 129 (prev s 123) ins A1994-14\nrenum as s 129 A1994-14\nam A1998-54; A2023-43 amdt 2.30\nMultiple votes prohibited\ns 130 (prev s 124) ins A1994-14\nrenum as s 130 A1994-14\nProcedures for voting\ns 131 (prev s 125) ins A1994-14\nrenum as s 131 A1994-14\nam A1997-91; A2000-76 s 8; LA (see A2001-36 amdt 1.99);\nA2006-23 amdt 1.188, amdt 1.189; A2020-27 s 10, amdt 1.7;\nA2023-43 s 28, amdt 1.1\nManner of recording vote\ns 132 (prev s 126) ins A1994-14\nrenum as s 132 A1994-14\nam A2020-27 s 11, amdt 1.8; A2023-43 amdt 2.30\nOrdinary voting at a polling place\ndiv 10.2 hdg (prev pt 10 div 2 hdg) am A1997-91\nClaims to vote\ns 133 (prev s 127) ins A1994-14\nrenum as s 133 A1994-14\nam A1997-91; LA (see A2001-36 amdt 1.99); A2020-28 s 13,\ns 14; ss renum R58 LA; A2023-43 s 29, amdt 1.2, amdt 2.31,\namdt 2.32\nVoting in private\ns 134 (prev s 128) ins A1994-14\nrenum as s 134 A1994-14\nam A2000-76 s 9; A2023-43 amdt 2.33\nDeclaration voting at a polling place\ndiv 10.3 hdg (prev pt 10 div 3 hdg) am A1997-91\nDeclaration voting at polling places\ns 135 (prev s 129) ins A1994-14\nrenum as s 135 A1994-14\nam A1997-91; A2001-44 amdt 1.1334, amdt 1.1335; A2020-28\ns 15; A2023-43 amdt 2.34, amdt 2.35; A2025-29 amdt 4.64\nVoting otherwise than at a polling place\ndiv 10.4 hdg (prev pt 10 div 3A hdg) ins A1997-91\n\nDefinitions for div 10.4\ns 136 hdg sub A2001-36 amdt 1.22\ns 136 (prev s 130) ins A1994-14\nrenum as s 136 A1994-14\nsub A1997-91; A2004-26 s 13\ndef eligible elector om A2008-13 s 17\nApplications for postal voting papers\ns 136A ins A1997-91\nam LA (see A2001-36 amdt 1.99); A2001-44 amdt 1.1336,\namdt 1.1337; A2002-30 amdt 3.294\nsub A2004-26 s 14\nam A2008-13 s 18, s 19; ss renum R26 LA; A2020-28 s 16;\nA2023-43 s 30, s 31; A2025-29 amdt 4.64\nOctober 2020 election—COVID-19 public health measures\ns 136AA ins A2020-27 s 12\nom A2020-27 amdt 1.9\nDeclaration of early polling places\ns 136B hdg sub A2001-36 amdt 1.23\ns 136B ins A1997-91\nam A2001-36 s 18; LA (see A2001-36 amdt 1.99); A2001-44\namdts 1.1338-1.1341; A2002-30 amdt 3.295, amdt 3.296;\nA2008-13 ss 20-26; A2011-28 amdt 3.64, amdt 3.77;\nA2020-28 ss 17-20; ss renum R58 LA\nsub A2023-43 s 32\nTelephone voting by certain electors\ns 136BA ins A2020-27 s 13\nam A2020-28 amdt 2.1\nom A2020-27 amdt 1.10\nOrdinary voting in ACT before polling day\ns 136C hdg sub A2001-36 amdt 1.24\ns 136C ins A1997-91\nam A2001-36 s 19; LA (see A2001-36 amdt 1.99); A2001-44\namdts 1.1342-1.1345; A2002-30 amdt 3.296;\nA2008-13 ss 27-30; A2011-28 amdt 3.65, amdt 3.77;\nA2020-27 s 14, amdt 1.11\nsub A2023-43 s 32\nDeclaration voting in ACT before polling day\ns 136D ins A2020-27 s 15\nam A2020-28 amdt 2.2\nom A2020-27 amdt 1.12\nins A2023-43 s 32\nArrangements at early polling places\ns 136E ins A2023-43 s 32\n\nDeclaration of days and times for declaration voting outside ACT on or\nbefore polling day\ns 136F ins A2023-43 s 32\nDeclaration voting outside ACT on or before polling day\ns 136G ins A2023-43 s 32\nElectronic voting outside Australia on or before polling day\ns 136H ins A2023-43 s 32\nTelephone voting by electors with a visual impairment on or before polling\nday\ns 136I ins A2023-43 s 32\nRecord of issue of declaration voting papers\ns 137 (prev s 131) ins A1994-14\nrenum as s 137 A1994-14\nam A1997-91; A2001-36 amdt 1.25; A2020-27 s 16, s 17,\namdt 1.13, amdt 1.14; A2023-43 amdt 1.3\nInspection of records\ns 138 (prev s 132) ins A1994-14\nrenum as s 138 A1994-14\nReceipt of declaration voting papers\ns 139 (prev s 133) ins A1994-14\nrenum as s 139 A1994-14\nam A1997-91; A2002-30 amdt 3.297\nRegistered declaration voters\ns 140 (prev s 134) ins A1994-14\nrenum as s 140 A1994-14\nam A2002-30 amdt 3.298\nIssue of voting papers to registered declaration voters\ns 141 (prev s 135) ins A1994-14\nrenum as s 141 A1994-14\nam A1997-91; A2002-30 amdt 3.299; A2004-26 s 15\nCorrecting formal errors\ns 142 (prev s 136) ins A1994-14\nrenum as s 142 A1994-14\nSoliciting applications for postal declaration votes\ns 143 (prev s 137) ins A1994-14\nrenum as s 143 A1994-14\nam A1997-91; A1998-54\nsub A2001-36 s 20; A2004-26 s 16\nam A2008-13 s 31, s 32; ss renum R26 LA\n\nTransmission of applications for postal declaration votes\ns 144 (prev s 138) ins A1994-14\nrenum as s 144 A1994-14\nRequirements for casting postal votes\ns 144A ins A2004-26 s 17\nam A2012-1 s 12\nInterference with declaration voting\ns 145 (prev s 139) ins A1994-14\nrenum as s 145 A1994-14\nam A1998-54; A2023-43 amdt 2.36\nSoliciting completed declaration votes\ns 146 (prev s 140) ins A1994-14\nrenum as s 146 A1994-14\nTransmission of completed declaration votes\ns 147 (prev s 141) ins A1994-14\nrenum as s 147 A1994-14\nOpening envelopes containing declaration votes\ns 148 (prev s 142) ins A1994-14\nrenum as s 148 A1994-14\nMobile polling\ndiv 10.5 hdg (prev pt 10 div 4 hdg) renum LA (see A2000-76 S24)\nDefinitions for div 4\ns 149 hdg sub A2001-36 amdt 1.26\ns 149 (prev s 143) ins A1994-14\nrenum as s 149 A1994-14\ndef homelessness polling place ins A2023-43 amdt 1.4\ndef registered medical practitioner om A2001-36 amdt 1.27\ndef remand centre om A2006-23 amdt 1.190\ndef special hospital sub A2001-44 amdt 1.1347\ndef visiting officer am A2023-43 s 33\nDeclaration of special hospitals\ns 149A ins A2001-44 amdt 1.1348\nam A2011-28 amdt 3.77; A2025-29 amdt 4.64\nDeclaration of homelessness polling places\ns 149B ins A2023-43 s 34\n\nMobile polling—institutions\ns 150 (prev s 144) ins A1994-14\nrenum as s 150 A1994-14\nam A2006-23 amdt 1.191\nMobile polling—homelessness polling places\ns 150A ins A2023-43 s 35\nFunctions of visiting officers\ns 151 (prev s 145) ins A1994-14\nrenum as s 151 A1994-14; A2001-36 amdt 1.99\nam A1995-33; A2001-36 s 21, amdt 1.28; LA (see A2001-36\namdt 1.99); A2006-23 amdt 1.192, amdt 1.193; A2020-28\ns 21; A2023-43 s 36, s 37\nFailure to visit institution or homelessness polling place\ns 152 (prev s 146) ins A1994-14\nrenum as s 152 A1994-14\nsub A2023-43 s 38\nCustody of ballot boxes and electoral papers\ns 153 (prev s 147) ins A1994-14\nrenum as s 153 A1994-14\nam A2023-43 s 39\ndiv 10.6 hdg (prev pt 10 div 5 hdg) renum LA (see A2000-76 s 24)\nArrangements at polling places\ns 154 (prev s 148) ins A1994-14\nrenum as s 154 A1994-14\nam A2020-28 s 22\nParticulars on ballot papers before issue\ns 155 (prev s 149) ins A1994-14\nrenum as s 155 A1994-14\nAssistance to voters\ns 156 (prev s 150) ins A1994-14\nrenum as s 156 A1994-14\nam A2012-1 s 13; A2020-27 s 18, s 19, amdt 1.15, amdt 1.16;\nA2023-43 s 40, s 41\nAssistance to voters unable to enter polling place\ns 156A ins A2001-36 s 22\nSpoilt ballot papers\ns 157 (prev s 151) ins A1994-14\nrenum as s 157 A1994-14\nam A2000-76 s 10\n\nCustody of ballot boxes and electoral papers\ns 158 (prev s 152) ins A1994-14\nrenum as s 158 A1994-14\nExtension of time for conducting elections\ns 159 (prev s 153) ins A1994-14\nrenum as s 159 A1994-14\nam A2001-36 amdt 1.29; LA (see A2001-36\namdt 1.99)A2001-44 amdt 1.1349, amdt 1.1350; A2002-30\namdt 3.300; A2015-33 amdt 1.60; A2025-29 amdt 4.64\nSuspension and adjournment of polling\ns 160 (prev s 154) ins A1994-14\nrenum as s 160 A1994-14\nam LA (see A2001-36 amdt 1.99); A2001-44 amdts 1.1351-\n1.1353; A2002-30 amdt 3.300; A2011-28 amdt 3.66; ss\nrenum R32 LA; A2023-43 s 42, amdt 2.37; ss renum R65 LA;\nSuspension and resumption of electronic voting for eligible electors\ns 160A ins A2023-43 s 43\nFailure to vote\ndiv 10.7 hdg (prev pt 10 div 6 hdg) renum LA (see A2000-76 s 24)\nDefault notice\ns 161 (prev s 155) ins A1994-14\nrenum as s 161 A1994-14\nam A2001-44 amdt 1.1354, amdt 1.1355; A2025-29 amdt 4.64\nFirst notice\ns 162 (prev s 156) ins A1994-14\nrenum as s 162 A1994-14\nSecond notice\ns 163 (prev s 157) ins A1994-14\nrenum as s 163 A1994-14\nFinal notice\ns 164 (prev s 158) ins A1994-14\nrenum as s 164 A1994-14\nDischarge of liability\ns 165 (prev s 159) ins A1994-14\nrenum as s 165 A1994-14\nResponse on behalf of elector\ns 166 (prev s 160) ins A1994-14\nrenum as s 166 A1994-14\nPolling in Antarctica\npt 11 hdg ins A1994-14\n\nDefinitions for pt 11\ns 167 hdg sub A2001-36 amdt 1.30\ns 167 (prev s 161) ins A1994-14\nrenum as s 167 A1994-14\nam A2001-36 amdt 1.31, amdt 1.32\ndef transmit sub A2001-44 amdt 1.1356\nam A2018-33 amdt 1.20\nDeclaration of ship as a station\ns 167A ins A2001-36 amdt 1.32\nApproval of ways of transmission\ns 167B ins A2001-44 amdt 1.1357\nam A2011-28 amdt 3.77; A2025-29 amdt 4.64\nReturning officers and assistants for Antarctic stations\ns 168 (prev s 162) ins A1994-14\nrenum as s 168 A1994-14\nsub A2002-30 amdt 3.301\nActing returning officer or assistant\ns 169 (prev s 163) ins A1994-14\nrenum as s 169 A1994-14\nom A2002-30 amdt 3.301\nApplication of Act to polling in Antarctica\ns 170 (prev s 164) ins A1994-14\nrenum as s 170 A1994-14\nAntarctic electors\ns 171 (prev s 165) ins A1994-14\nrenum as s 171 A1994-14\nArrangements for the polling in Antarctica\ns 172 (prev s 166) ins A1994-14\nrenum as s 172 A1994-14\nam A2020-28 s 23\nConduct of the polling\ns 173 (prev s 167) ins A1994-14\nrenum as s 173 A1994-14\nClaims to vote\ns 174 (prev s 168) ins A1994-14\nrenum as s 174 A1994-14\nProceedings at close of poll\ns 175 (prev s 169) ins A1994-14\nrenum as s 175 A1994-14\nam A1995-46; A2002-30 amdt 3.302\n\nResult of polling in Antarctica\ns 176 (prev s 170) ins A1994-14\nrenum as s 176 A1994-14\nPreservation of documents\ns 177 (prev s 171) ins A1994-14\nrenum as s 177 A1994-14\nThe scrutiny\npt 12 hdg ins A1994-14\nScrutiny\ns 178 (prev s 172) ins A1994-14\nrenum as s 178 A1994-14\nam A1997-91; A2000-76 s 11; A2020-27 s 20, 1.17; A2023-43\ns 44\nPreliminary scrutiny of declaration voting papers etc\ns 179 (prev s 173) ins A1994-14\nrenum as s 179 A1994-14\nam A2002-30 amdt 3.303, amdt 3.304; A2020-27 ss 21-23,\namdts 1.18-1.20; A2023-43 ss 45-47\nFormality of ballot papers\ns 180 (prev s 174) ins A1994-14\nrenum as s 180 A1994-14\nam A2020-27 s 24; ss renum R58 LA; A2020-27 amdt 1.21; ss\nrenum R59 LA; A2023-43 s 48; ss renum R65 LA\nDeath of candidate\ns 181 (prev s 175) ins A1994-14\nrenum as s 181 A1994-14\nFirst count—ordinary ballot papers\ns 182 (prev s 176) ins A1994-14\nrenum as s 182 A1994-14\nam A2000-76 s 12\nFirst count—declaration ballot papers\ns 183 (prev s 177) ins A1994-14\nrenum as s 183 A1994-14\nFirst count—electronic ballot papers\ns 183A ins A2000-76 s 13\nam A2020-27 s 25, amdt 1.22; A2023-43 s 49\nSecond count—first preferences\ns 184 (prev s 178) ins A1994-14\nrenum as s 184 A1994-14\nam A2000-76 s 14\n\nAscertaining result of poll\ns 185 (prev s 179) ins A1994-14\nrenum as s 185 A1994-14\nam A2000-76 s 15\nObjections by scrutineers\ns 186 (prev s 180) ins A1994-14\nrenum as s 186 A1994-14\nRecount of ballot papers\ns 187 (prev s 181) ins A1994-14\nrenum as s 187 A1994-14\nsub A2004-26 s 18\nApplication for recount of ballot papers etc\ns 187A orig s 187A renum as s 187C\nins A2004-26 s 18\nReview of decision of commissioner to refuse to arrange for recount\ns 187B ins A2004-26 s 18\nRecount of electronic scrutiny of ballot papers\ns 187C (prev s 187A) ins A2000-76 s 16\nrenum as s 187C A2004-26 s 19\nam A2020-27 s 26, amdt 1.23; A2023-43 s 50\nReservation of disputed ballot papers\ns 188 (prev s 182) ins A1994-14\nrenum as s 188 A1994-14\nDeclaration of result of election\ns 189 (prev s 183) ins A1994-14\nrenum as s 189 A1994-14\nCasual vacancies\npt 13 hdg ins A1994-14\nDefinitions for pt 13\ns 190 hdg sub A2001-36 amdt 1.33\ns 190 (prev s 184) ins A1994-14\nrenum as s 190 A1994-14\nam A2001-36 amdt 1.36, amdt 1.37\ndef candidate om A2001-36 amdt 1.34\ndef newspaper om A2001-36 amdt 1.34\ndef speaker ins A2001-36 amdt 1.35\nNotice of casual vacancy\ns 191 (prev s 185) ins A1994-14\nrenum as s 191 A1994-14\nam A2008-13 s 33\nsub A2015-33 amdt 1.61\nam A2023-43 amdt 2.38\n\nCandidates for casual vacancy\ns 192 (prev s 186) ins A1994-14\nrenum as s 192 A1994-14\nam LA (see A2001-36 amdt 1.99); A2001-44 amdt 1.1358,\namdt 1.1359; A2015-33 amdt 1.62; A2015-50 amdt 3.100;\nA2023-43 amdts 2.39-2.41; A2025-29 amdt 4.64\nPublication of candidates’ details\ns 193 (prev s 187) ins A1994-14\nrenum as s 193 A1994-14\nDetermination of candidate to fill vacancy\ns 194 (prev s 188) ins A1994-14\nrenum as s 194 A1994-14\nam A2002-30 amdt 3.352; A2008-13 s 34; ss renum R26 LA\nAssembly nominees\ns 195 (prev s 189) ins A1994-14\nrenum as s 195 A1994-14\nam A2001-36 s 23\nTerm of office of MLA declared elected under pt 13\ns 196 (prev s 190) ins A1994-14\nrenum as s 196 A1994-14\nDissolution or pre-election period\ns 197 (prev s 191) ins A1994-14\nrenum as s 197 A1994-14\nam A2002-30 amdt 3.305\nElection funding, expenditure and financial disclosure\npt 14 hdg ins A1994-14\nsub A2012-28 s 7\nPreliminary\ndiv 14.1 hdg (prev pt 14 div 1 hdg) renum A2001-36 amdt 1.99\nDefinitions for pt 14\ns 198 hdg sub A2001-36 amdt 1.38\ns 198 (prev s 192) ins A1994-14\nrenum as s 198 A1994-14\nam A2001-36 amdt 1.42, amdt 1.43\ndef associated entity ins A1996-56 s 4\nsub A2001-36 s 24\nam A2004-26 amdt 1.64\ndef Australian government body ins A2015-5 s 5\ndef ballot group ins A2001-36 s 25\nom A2004-26 amdt 1.33\n\ndef called ins A2012-28 s 8\ndef capped expenditure period ins A2012-28 s 8\ndef disposition of property reloc to s 198AA (5) A2012-28\ns 9\ndef electoral advertisement reloc from s 223 A2012-28 s 46\ndef electoral expenditure ins A2012-28 s 10\ndef entity ins A1996-56 s 4\ndef financial controller ins A1996-56 s 4\ndef financial institution reloc from s 218A (6) A2012-28 s 33\ndef financial representative ins A2012-28 s 10\ndef free facilities use ins A2023-43 s 51\ndef gift am A2001-36 amdt 1.39; A2004-26 s 20; A2008-13\ns 35\nsub A2012-28 s 11\ndef incurs ins A2012-28 s 12\ndef independent MLA om A2001-36 amdt 1.40\ndef index number ins A2012-28 s 12\ndef loan reloc from s 218A (6) A2012-28 s 34\ndef non-party candidate grouping ins A2012-28 s 12\ndef non-party group om A2008-13 s 36\ndef non-party prospective candidate grouping ins\nA2012-28 s 12\ndef non-party MLA ins A2012-28 s 12\ndef party grouping ins A2012-28 s 12\nam A2015-5 s 6; pars renum R44 LA\ndef person ins A2012-28 s 12\ndef property reloc to 198AA (5) A2012-28 s 13\ndef prospective candidate ins A2012-28 s 14\ndef register am A2001-36 amdt 1.41; A2004-26 amdt 1.60\ndef registered industrial organisation am A2011-28\namdt 3.67\nsub A2023-43 amdt 2.42\ndef reporting agent sub A2001-36 s 26\nam A2004-26 amdt 1.34, amdt 1.60\ndef third-party campaigner ins A2012-28 s 14\nam A2015-5 ss 7-9\nReference to things done by party etc\ns 198A hdg sub A2004-26 amdt 1.35\ns 198A ins A2001-36 amdt 1.43\nam A2004-26 amdt 1.36\n\nMeaning of gift—pt 14\ns 198AA ins A2012-28 s 15\ndef disposition of property reloc from s 198 A2012-28 s 9\ndef property reloc from s 198 A2012-28 s 13\n(3) (h), (4) exp 1 January 2014 (s 198AA (4))\nss renum R39 LA\nam A2020-51 ss 6-8; pars renum R61 LA\nCandidate remains candidate after election\ns 198B ins A2001-36 amdt 1.43\nRelated bodies corporate\ns 199 (prev s 193) ins A1994-14\nrenum as 199 A1994-14\nActivities of candidates and prospective candidates\ns 200 (prev s 194) ins A1994-14\nrenum as s 200 A1994-14\nam A2001-36 amdt 1.44; A2004-26 amdt 1.37, amdt 1.62;\nA2012-1 s 14\nsub A2012-28 s 16\nDisclosure periods\ns 201 (prev s 195) ins A1994-14\nrenum as s 201 A1994-14\nam A1997-91 s 24; A2001-36 amdt 1.45; A2002-30\namdt 3.306; A2003-54 s 5; A2004-26 amdt 1.63; A2008-13\ns 37; A2012-28 s 17; A2015-5 s 10; A2023-43 amdt 2.43\nGifts—determination of amounts\ns 202 (prev s 196) ins A1994-14\nrenum as s 202 A1994-14\nWhen person or entity incurs electoral expenditure—pt 14\ns 202A ins A2012-28 s 18\nReporting agents\ndiv 14.2 hdg (prev pt 14 div 2 hdg) renum LA (see A2000-76 s 24)\nAppointed agents\ns 203 (prev s 197) ins A1994-14\nrenum as s 203 A1994-14\nam A1997-91; A2001-36 amdts 1.46-1.48; LA (see A2001-36\namdt 1.99); A2002-30 amdt 3.307, amdt 3.308, amdt 3.352;\nA2004-26 amdt 1.38, amdt 1.39, amdt 1.61, amdt 1.63;\nss renum R16 LA (see A2004-26 amdt 1.66); A2008-13 s 38,\ns 39; pars renum R26 LA; A2015-5 s 11; ss renum R44 LA;\nA2023-43 s 52, s 53\n\nNon-appointed agents\ns 204 (prev s 198) ins A1994-14\nrenum as s 204 A1994-14\nam A1997-91; A2001-36 amdt 1.49, amdt 1.50; LA\n(see A2001-36 amdt 1.99); A2004-26 amdt 1.61, amdt 1.63;\nA2008-13 s 40; ss renum R26 LA; A2023-43 amdt 2.44\nRegisters of reporting agents\ns 205 (prev s 199) ins A1994-14\nrenum as s 205 A1994-14\nam A2001-36 amdts 1.51-1.53; LA (see A2001-36 amdt 1.99);\nA2002-30 amdt 3.309; A2004-26 amdt 1.40, amdt 1.41,\namdt 1.60; pars renum R16 LA (see A2004-26 amdt 1.66);\nA2008-13 s 41, s 42; A2015-5 s 12; A2023-43 s 54, s 55;\npars renum R65 LA\nACT election accounts\ndiv 14.2A hdg ins A2012-28 s 19\nFinancial representatives to keep ACT election accounts\ns 205A ins A2012-28 s 19\nOffence—loans to be repaid from ACT election accounts\ns 205B ins A2012-28 s 19\nLimitations on electoral expenditure\ndiv 14.2B hdg ins A2012-28 s 19\nMeaning of electoral expenditure—div 14.2B\ns 205C ins A2012-28 s 19\nins A2023-43 s 56\nMeaning of expenditure cap—div 14.2B\ns 205D ins A2012-28 s 19\nam A2015-5 s 14, s 15\n(2), (3) exp 31 December 2015 (s 205D (3))\nWorking out indexation for expenditure cap\ns 205E ins A2012-28 s 19\nLimit on electoral expenditure—party groupings\ns 205F ins A2012-28 s 19\nam A2014-29 s 8\n\nLimit on electoral expenditure—MLAs, associated entities, candidates and\nthird-party campaigners\ns 205G hdg sub A2015-5 s 16\ns 205G ins A2012-28 s 19\nam A2015-5 s 17, s 18; pars renum R44 LA\nLimit on electoral expenditure—third-party campaigner acting in concert with\nothers\ns 205H ins A2012-28 s 19\nom A2015-5 s 19\nLimit on spending—payments from related party\ndiv 14.2C hdg ins A2012-28 s 19\nsub A2015-5 s 20\nLimit on gifts received\ns 205I ins A2012-28 s 19\nom A2015-5 s 21\nOffence—give indirect gift to avoid statutory limit\ns 205J ins A2012-28 s 19\nom A2015-5 s 21\nLimit on spending—payments from related party\ns 205K ins A2012-28 s 19\nsub A2015-5 s 22\nam A2023-43 amdt 2.45\nElection funding\ndiv 14.3 hdg (prev pt 14 div 3 hdg) renum LA (see A2000-76 s 24)\nWho eligible votes are cast for\ns 206 (prev s 200) ins A1994-14\nrenum as s 206 A1994-14\nsub A2001-36 amdt 1.54\nam A2004-26 s 21\nsub A2008-13 s 43\nEntitlement to funds\ns 207 (prev s 201) ins A1994-14\nrenum as s 207 A1994-14\nam A1996-56; A2001-36 amdt 1.55; A2004-26 s 22; A2008-13\ns 44\nsub A2012-28 s 20\nam A2015-5 s 23, s 24\n(8), (9) exp 30 June 2016 (s 207 (9))\nam A2023-43 s 57\n\nThreshold\ns 208 (prev s 202) ins A1994-14\nrenum as s 208 A1994-14\nsub A1996-56; A2001-36 s 27\nam A2004-26 s 23, amdt 1.42, amdt 1.63\nClaims for payment\ns 209 (prev s 203) ins A1994-14\nrenum as s 209 A1994-14\nClaims by party reporting agents\ns 210 (prev s 204) ins A1994-14\nrenum as s 210 A1994-14\nDetermination of claims\ns 211 (prev s 205) ins A1994-14\nrenum as s 211 A1994-14\nMaking of payments\ns 212 (prev s 206) ins A1994-14\nrenum as s 212 A1994-14\nam A1996-56; A2001-36 amdt 1.56, amdt 1.57; LA (see\nA2001-36 amdt 1.99); A2004-26 s 24, amdt 1.63; A2008-13\ns 45, s 46; ss renum R26 LA\nRevocation of determinations\ns 213 (prev s 207) ins A1994-14\nrenum as s 213 A1994-14\nDeath of candidate\ns 214 (prev s 208) ins A1994-14\nrenum as s 214 A1994-14\nam A1996-56; A2001-36 amdt 1.58; A2004-26 s 26; A2008-13\ns 47\nApplication voluntary\ns 215 (prev s 209) ins A1994-14\nrenum as s 215 A1994-14\nAdministrative expenditure funding\ndiv 14.3A hdg ins A2012-28 s 21\nPeriod between polling day and declaration of poll\ns 215A ins A2012-28 s 21\nEligibility of party for payment for administrative expenditure\ns 215B ins A2012-28 s 21\n\nPayment to eligible parties for administrative expenditure\ns 215C ins A2012-28 s 21\nEligibility of non-party MLAs for payment for administrative expenditure\ns 215D ins A2012-28 s 21\nPayment to non-party MLAs for administrative expenditure\ns 215E ins A2012-28 s 21\nWorking out indexation for administrative expenditure\ns 215F ins A2012-28 s 21\nPayments for administrative expenditure not to be used for electoral\ns 215G ins A2012-28 s 21\nam A2015-5 s 25, s 26\nGifts and certain loans—records and disclosure\ndiv 14.4 hdg (prev pt 14 div 4 hdg) renum LA (see A2000-76 s 24)\nsub A2012-28 s 22\nApplication—div 14.4\ns 215H ins A2012-28 s 23\nDefinitions—div 14.4\ns 216 hdg sub A2001-36 amdt 1.59; A2012-28 s 24\ns 216 (prev s 210) ins A1994-14\nrenum as s 216 A1994-14\ndef anonymous gift ins A2015-5 s 27\ndef anonymously ins A2012-28 s 25\nom A2023-43 s 58\ndef defined details sub A2023-43 s 58\ndef gift om A2001-36 amdt 1.60\ndef small anonymous gift ins A2012-28 s 25\nom A2015-5 s 28\nRecords of gifts\ns 216A ins A2012-28 s 26\nam A2015-5 ss 29-34; pars renum R43 LA; A2020-51 s 9, s 10\nRegular disclosure of gifts\ns 216B ins A2023-43 s 58\n\nDisclosure of gifts by non-party candidates\ns 217 hdg sub A2012-28 s 27\ns 217 (prev s 211) ins A1994-14\nrenum as s 217 A1994-14\nam A2001-36 s 28; A2001-44 amdt 1.1360, amdt 1.1361;\nA2002-30 amdt 3.353; A2004-26 s 27; A2008-13 s 48;\nA2012-28 s 28, s 29; A2023-43 s 59, amdt 2.46; A2025-29\nDisclosure of gifts—non-party groups\ns 218 (prev s 212) ins A1994-14\nrenum as s 218 A1994-14\nam A2001-36 s 29; A2001-44 amdt 1.1362, amdt 1.1363;\nA2002-30 amdt 3.353\nom A2008-13 s 49\nCertain loans not to be received\ns 218A ins A2001-36 s 30\nam A2004-26 amdt 1.43, amdt 1.44, amdt 1.60; ss, pars\nrenum R16 LA (see A2004-26 amdt 1.66); A2008-13\nss 50-54; ss and pars renum R26 LA; A2012-28 ss 30-32,\ns 35\ndef financial institution reloc to s 198 A2012-28 s 33\ndef loan reloc to s 198 A2012-28 s 34\nNil returns\ns 219 (prev s 213) ins A1994-14\nrenum as s 219 A1994-14\nam A2008-13 s 55\nDisclosure of gifts by third-party campaigners\ns 220 (prev s 214) ins A1994-14\nrenum as s 220 A1994-14\nam A1996-56; A2001-36 s 31 and amdt 1.61; LA (see\nA2001-36 amdt 1.99); A2001-44 amdt 1.1364, amdt 1.1365;\nA2002-30 amdt 3.353; A2004-26 amdt 1.60, amdt 1.63\nsub A2012-28 s 36\nam A2015-5 s 35; A2023-43 s 60; A2025-29 amdt 4.64\nDisclosure of gifts made to candidates\ns 221 hdg sub A2008-13 s 56\ns 221 (prev s 215) ins A1994-14\nrenum as s 221 A1994-14\nam A1996-56; LA (see A2001-36 amdt 1.99); A2001-44\namdts 1.1366-1.1369; A2002-30 amdt 3.353; A2004-26 s 28,\ns 29; A2008-13 s 57, s 58; A2011-28 amdt 3.77\n\nAnnual returns of donations\ns 221A ins A1996-56\nam A2001-44 amdts 1.1370-1.1372; A2002-30 amdt 3.353;\nA2004-26 s 30; A2004-26 amdt 1.60; A2008-13 ss 59-61\nAdvice about obligations to make returns\ns 221B ins A1996-56\nam A2004-26 amdt 1.60; A2008-13 s 62, s 63\nRestrictions on acceptance of gifts\ns 222 hdg sub A2015-5 s 36\ns 222 (prev s 216) ins A1994-14\nrenum as s 222 A1994-14\nam A2004-26 s 31, amdt 1.45, amdt 1.60; pars renum R16 LA\n(see A2004-26 amdt 1.66); A2008-13 ss 64-70; ss and pars\nrenum R26 LA; A2012-28 ss 38-44; ss renum R36 LA\nam A2015-5 ss 37-41\nGifts from property developers\ndiv 14.4A hdg ins A2020-51 s 11\nApplication—div 14.4A\ns 222A ins A2020-51 s 11\nam A2023-43 s 61, s 62\nDefinitions—div 14.4A\ns 222B ins A2020-51 s 11\nam A2023-36 amdt 1.116\ndef decided ins A2020-51 s 11\nsub A2023-36 amdt 1.114\ndef gift ins A2020-51 s 11\ndef make ins A2020-51 s 11\nam A2023-36 amdt 1.115\ndef political entity ins A2020-51 s 11\nsub A2023-43 s 63\nMeaning of property developer—div 14.4A\ns 222C ins A2020-51 s 11\nam A2023-36 amdt 1.117\nMeaning of close associate—div 14.4A\ns 222D ins A2020-51 s 11\n\nMeaning of relevant planning application—div 14.4A\ns 222E ins A2020-51 s 11\nam A2023-36 s 1.118, s 1.119\n(3), (5) exp 27 November 2031 (s 222E (5))\nBan on gifts from property developers etc—less than $250\ns 222F ins A2020-51 s 11\nBan on gifts from property developers etc—$250 or more\ns 222G ins A2020-51 s 11\nam A2023-43 s 64, s 65; pars renum R65 LA\nBan on acceptance of gifts from property developers etc—less than $250\ns 222H ins A2020-51 s 11\nBan on acceptance of gifts from property developers etc—$250 or more\ns 222I ins A2020-51 s 11\nGifts from people that become property developers etc\ns 222J ins A2020-51 s 11\nDeclaration that corporation not a property developer\ns 222K ins A2020-51 s 11\nam A2023-43 ss 66-69; A2025-29 amdt 4.64\nGifts from foreign entities—div 14.4B\ndiv 14.4B hdg ins A2023-43 s 70\nApplication—div 14.4B\ns 222L ins A2023-43 s 70\nDefinitions—div 14.4B\ns 222M ins A2023-43 s 70\ndef foreign entity ins A2023-43 s 70\ndef gift ins A2023-43 s 70\ndef political entity ins A2023-43 s 70\nBan on gifts given by or on behalf of foreign entities—less than $250\ns 222N ins A2023-43 s 70\nBan on gifts given by or on behalf of foreign entities—$250 or more\ns 222O ins A2023-43 s 70\nBan on acceptance of gifts given by or on behalf of foreign entities—less\nthan $250\ns 222P ins A2023-43 s 70\nBan on acceptance of gifts given by or on behalf of foreign entities—$250 or\nmore\ns 222Q ins A2023-43 s 70\nDisclosure of electoral expenditure\ndiv 14.5 hdg (prev pt 14 div 5 hdg) renum LA (see A2000-76 s 24)\n\nDefinitions for div 14.5\ns 223 hdg sub A2001-36 amdt 1.62\ns 223 (prev s 217) ins A1994-14\nrenum as s 223 A1994-14; A2001-36 amdt 1.99\nam A2001-36 amdt 1.64, amdt 1.65\ndef broadcaster om A2012-28 s 45\ndef electoral advertisement reloc to s 198 A2012-28 s 46\ndef electoral expenditure am A1996-56 s 16; LA (see\nA2001-36 amdt 1.99); A2008-13 s 71, s 72\nom A2012-28 s 47\ndef participant ins A2001-36 amdt 1.63\nam A2004-26 s 32; A2008-13 s 73\ndef relates ins A2001-36 amdt 1.63\nom A2012-28 s 47\nReturns of electoral expenditure\ns 224 (prev s 218) ins A1994-14\nrenum as s 224 A1994-14; A2001-36 amdt 1.99\nam A1996-56; A2001-36 amdt 1.66, amdt 1.67; LA (see\nA2001-36 amdt 1.99); A2001-44 amdt 1.1373, amdt 1.1374;\nA2002-30 amdt 3.353; A2004-26 s 33, amdt 1.60, amdt 1.63;\nA2008-13 ss 74-76; ss renum R26 LA\nsub A2012-28 s 48\nam A2015-5 ss 42-44; ss renum R44 LA; A2025-29 amdt 4.64\nNil returns\ns 225 (prev s 219) ins A1994-14\nrenum as s 225 A1994-14\nam A1996-56; A2001-36 amdt 1.68; A2004-26 amdt 1.63;\nA2008-13 s 77; ss renum R26 LA\nReturns by broadcasters and publishers\ns 226 (prev s 220) ins A1994-14\nrenum as s 226 A1994-14\nam A2001-44 amdt 1.1375, amdt 1.1376; A2002-30\namdt 3.353; A2004-26 s 34; A2008-13 s 78; A2025-29\nMultiple elections on same day\ns 227 (prev s 221) ins A1994-14\nrenum as s 227 A1994-14\nam A2001-44 amdt 1.1377\nAnnual returns\ndiv 14.6 hdg (prev pt 14 div 6 hdg) renum LA (see A2000-76 s 24)\n\nMeaning of defined particulars for div 14.6\ns 228 hdg sub A2001-36 amdt 1.69\ns 228 (prev s 222) ins A1994-14\nrenum as s 228 A1994-14\nam A2008-13 s 79\nFund-raising events\ns 229 (prev s 223) ins A1994-14\nrenum as s 229 A1994-14\nAnnual returns by parties and MLAs\ns 230 hdg sub A2004-26 amdt 1.46\ns 230 (prev s 224) ins A1994-14\nrenum as s 230 A1994-14\nam A1996-56; A2000-50 s 4\nsub A2001-36 s 33\nam LA (see A2001-36 amdt 1.99); A2001-44 amdt 1.1378 (as\nsub A2001-36 amdt 2.2), amdt 1.1379; A2002-30\namdt 3.353; A2004-26 amdt 1.60, amdt 1.63; A2008-13\nss 80-82; ss renum R26 LA; A2011-28 amdt 3.77; A2012-28\ns 49, s 50; A2015-5 ss 45-48; A2023-43 amdt 2.47,\namdt 2.48; A2025-29 amdt 4.64\nPeriods of less than financial year\ns 231 (prev s 225) ins A1994-14\nrenum as s 231 A1994-14\nsub A2001-36 s 33\nam A2004-26 amdt 1.47, amdt 1.60, amdt 1.63, amdt 1.64;\npars renum R16 LA (see A2004-26 amdt 1.66)\nReturns by parties under Commonwealth Electoral Act\ns 231A ins A1996-56\nom A2008-13 s 83\nAnnual returns by associated entities\ns 231B hdg sub A2012-28 s 51; A2015-5 s 49\ns 231B ins A1996-56\nsub A2001-36 s 34\nam A2001-44 amdt 1.1380, 1.1381; A2002-30 amdt 3.353;\nA2004-26 amdt 1.64; A2008-13 s 84; A2012-28 s 52;\nA2015-5 s 50; A2025-29 amdt 4.64\nReturns by associated entities under Commonwealth Electoral Act\ns 231C ins A1996-56\nom A2008-13 s 85\n\nAmounts received\ns 232 (prev s 226) ins A1994-14\nrenum as s 232 A1994-14\nsub A1996-56; A2001-36 s 35\nam A2004-26 amdt 1.60, amdt 1.64\nsub A2008-13 s 86\nam A2010-43 amdt 1.11; A2012-28 ss 53-56; ss renum R36\nLA; A2015-5 ss 51-53; pars renum R44 LA; A2023-43 s 71,\ns 72; pars renum R65 LA; A2025-29 amdt 3.95\nAmounts paid\ns 233 (prev s 227) ins A1994-14\nrenum as s 233 A1994-14\nom A2001-36 s 35\nOutstanding amounts\ns 234 (prev s 228) ins A1994-14\nrenum as s 234 A1994-14\nam A1994-78; A1996-56; A2001-36 amdt 1.70;\nA2004-26 amdt 1.60; A2008-13 s 87\nRegulations\ns 234A ins A1996-56\nCompliance\ndiv 14.7 hdg (prev pt 14 div 7 hdg) renum LA (see A2000-76 s 24)\nDefinitions for div 14.7\ns 235 (prev s 229) ins A1994-14\nrenum as s 235 A1994-14\nsub A2001-36 amdt 1.71\nOffences\ns 236 (prev s 230) ins A1994-14\nrenum as s 236 A1994-14\nam A1996-56; A1998-54; A2001-36 amdt 1.72; LA (see\nA2001-36 amdt 1.99); A2002-30 amdt 3.310; A2003-54 s 6;\nA2004-26 amdt 1.63; A2008-13 s 88; ss renum R26 LA\nsub A2012-28 s 57\nInvestigation notices generally\ns 237 (prev s 231) ins A1994-14\nrenum as s 237 A1994-14\nam A1996-56; A1998-54\nsub A2001-36 s 36\nam A2002-30 amdt 3.311, amdt 3.352; A2004-26 amdt 1.48,\namdt 1.49, amdt 1.63\n\nInvestigation notices about associated entities\ns 237A ins A2001-36 s 36\nam A2002-30 amdt 3.311; A2008-37 amdt 1.140, A2008-37\namdt 1.147\nInvestigation notice offences\ns 237B ins A2001-36 s 36\nInvestigation—search warrants\ns 238 (prev s 232) ins A1994-14\nrenum as s 238 A1994-14\nam A2023-43 amdt 2.49, amdt 2.50\nRecords\ns 239 (prev s 233) ins A1994-14\nrenum as s 239 A1994-14\nam A1996-56; A2001-36 amdt 1.73; A2003-54 s 7;\nA2004-26 amdt 1.60; A2023-43 amdt 2.50\ndiv 14.8 hdg (prev pt 14 div 8 hdg) renum LA (see A2000-76 s 24)\nInability to complete returns\ns 240 (prev s 234) ins A1994-14\nrenum as s 240 A1994-14\nsub A2023-43 amdt 2.51\nNoncompliance with pt 14\ns 241 (prev s 235) ins A1994-14\nrenum as s 241 A1994-14\nam A2001-36 amdt 1.74; A2004-26 s 35; A2008-13 s 89; pars\nrenum R26 LA; A2023-43 amdt 2.52\nAmendment of returns\ns 242 (prev s 236) ins A1994-14\nrenum as s 242 A1994-14\nam A1996-56; A2001-36 amdt 1.75; A2004-26 amdt 1.60,\nA2008-37 amdt 1.147\nCopies of returns to be available for public inspection\ns 243 (prev s 237) ins A1994-14\nrenum as s 243 A1994-14\nsub A2001-36 s 37\nam A2001-44 amdt 1.1382, amdt 1.1383; A2012-28 ss 58-62;\nA2013-41 s 45; A2015-5 s 54; A2015-11 amdt 1.25;\nA2020-28 s 24; A2025-29 amdt 4.64\nException for making copies of returns available for inspection\ns 243AA ins A2023-43 s 73\n\nCommissioner must publish certain information given under s 216A\ns 243A hdg sub A2015-5 s 55\ns 243A ins A2012-28 s 63\nam A2015-5 s 56; A2023-43 amdt 1.6\nNotification and review of decisions\npt 15 hdg ins A1994-14\nMeaning of internal review notice—Act\ns 244 hdg sub A2001-36 amdt 1.76; A2011-28 amdt 3.68\ns 244 (prev s 238) ins A1994-14\nrenum as s 244 A1994-14\nDefinitions—pt 15\ns 245 (prev s 239) ins A1994-14\nrenum as s 245 A1994-14\nam A1996-56; A2001-36 amdts 1.77-1.79; LA (see A2001-36\namdt 1.99); A2004-26 amdt 1.61, amdt 1.63\ndef internally reviewable decision ins A2008-37 amdt 1.141\ndef person ins A2008-37 amdt 1.141\ndef reviewable decision ins A2008-37 amdt 1.141\nInternal review notices\ns 246 (prev s 240) ins A1994-14\nrenum as s 246 A1994-14\nApplications for internal review\ns 247 (prev s 241) ins A1994-14\nrenum as s 247 A1994-14\nam A2001-36 s 38; LA (see A2001-36 amdt 1.99); A2001-44\namdt 1.1384; A2004-26 amdt 1.61, amdt 1.63\nStay of reviewable decisions\ns 248 (prev s 242) ins A1994-14\nrenum as s 248 A1994-14\nReview by electoral commission\ns 249 (prev s 243) ins A1994-14\nrenum as s 249 A1994-14\n\nReviewable decision notices\ns 249A ins A2008-37 amdt 1.141\nApplications for review\ns 249B ins A2008-37 amdt 1.141\nDisputed elections, eligibility and vacancies\npt 16 hdg ins A1994-14\nPreliminary\ndiv 16.1 hdg (prev pt 16 div 1 hdg) renum LA (see A2000-76 s 24)\nDefinitions for pt 16\ns 250 hdg sub A2001-36 amdt 1.80\ns 250 (prev s 244) ins A1994-14\nrenum as s 250 A1994-14\nam A2001-36 amdts 1.81-1.83\ndef contravention ins A2002-30 amdt 3.312\ndef court om A2002-30 amdt 3.313\ndef Court of Disputed Elections ins A2002-30 amdt 3.313\ndef illegal practice om A2002-30 amdt 3.314\ndef proceeding sub A2002-30 amdt 3.315\ndef Speaker ins A2002-30 amdt 3.316\ndef undue influence sub A2002-30 amdt 3.317\nam A2023-57 amdt 1.5; A2025-29 amdt 3.96\nReferences in pt 16 to contravention of sections\ns 250A (prev s 250 (2)) renum as s 250A A2001-36 amdt 1.82\nom A2002-30 amdt 3.318\nMeaning of Speaker for pt 16\ns 251 hdg sub A2001-36 amdt 1.84\ns 251 (prev s 245) ins A1994-14\nrenum as s 251 A1994-14\nsub A2002-30 amdt 3.319\nJurisdiction and powers of Supreme Court\ndiv 16.2 hdg (prev pt 16 div 2 hdg) renum LA (see A2000-76 s 24)\nCourt of Disputed Elections\ns 252 (prev s 246) ins A1994-14\nrenum as s 252 A1994-14\nPowers of the court\ns 253 (prev s 247) ins A1994-14\nrenum as s 253 A1994-14\n\nRules of court\ns 254 (prev s 248) ins A1994-14\nrenum as s 254 A1994-14\nsub A2001-44 amdt 1.1385\nom A2002-30 amdt 3.320\nDecisions are final\ns 255 (prev s 249) ins A1994-14\nrenum as s 255 A1994-14\nam A2002-30 amdt 3.321; A2015-50 amdt 3.101\nDisputes elections\ndiv 16.3 hdg (prev pt 16 div 3 hdg) renum LA (see A2000-76 s 24)\nValidity may be disputed after election\ns 256 (prev s 250) ins A1994-14\nrenum as s 256 A1994-14\nam A2000-76 s 17; A2020-27 s 27, amdt 1.24; A2023-43 s 74\nPersons entitled to dispute elections\ns 257 (prev s 251) ins A1994-14\nrenum as s 257 A1994-14\nForm of application\ns 258 (prev s 252) ins A1994-14\nrenum as s 258 A1994-14\nTime for filing application\ns 259 (prev s 253) ins A1994-14\nrenum as s 259 A1994-14\nDeposit as security for costs\ns 260 (prev s 254) ins A1994-14\nrenum as s 260 A1994-14\nRegistrar to serve copies of application on certain persons\ns 261 (prev s 255) ins A1994-14\nrenum as s 261 A1994-14\nParties to application under div 16.3\ns 262 (prev s 256) ins A1994-14\nrenum as s 262 A1994-14\nsub A2002-30 amdt 3.322\nWithdrawal and abatement of application\ns 263 (prev s 257) ins A1994-14\nrenum as s 263 A1994-14\nam A2001-36 amdt 1.85, amdt 1.86; A2002-30 amdt 3.323;\nA2015-33 amdt 1.63, amdt 1.64; A2015-50 amdt 3.102;\nA2023-43 amdt 2.55\n\nHearing of applications\ns 264 (prev s 258) ins A1994-14\nrenum as s 264 A1994-14\nam A2002-30 amdt 3.324; A2004-60 amdt 1.149\nDeclarations and orders\ns 265 (prev s 259) ins A1994-14\nrenum as s 265 A1994-14\nam A2002-30 amdt 3.325\nIllegal practices\ns 266 (prev s 260) ins A1994-14\nrenum as s 266 A1994-14\nam A2002-30 amdt 3.326, amdt 3.351\nBribery or undue influence by person elected\ns 267 (prev s 261) ins A1994-14\nrenum as s 267 A1994-14\nImmaterial delays and errors\ns 268 (prev s 262) ins A1994-14\nrenum as s 268 A1994-14\nam A2002-30 amdt 3.351; A2012-1 s 15; A2020-28 s 25\nInquiries by court\ns 269 (prev s 263) ins A1994-14\nrenum as s 269 A1994-14\nam A2000-76 s 18; A2002-30 amdt 3.351\nRejected ballot papers\ns 270 (prev s 264) ins A1994-14\nrenum as s 270 A1994-14\nEvidence that persons were not permitted to vote\ns 271 (prev s 265) ins A1994-14\nrenum as s 271 A1994-14\nam A2002-30 amdt 3.351; A2023-43 amdt 2.56\nInspection of electoral papers\ns 272 (prev s 266) ins A1994-14\nrenum as s 272 A1994-14\nCommissioner not prevented from accessing documents\ns 273 (prev s 267) ins A1994-14\nrenum as s 273 A1994-14\n\nRegistrar to serve copies of declarations on certain persons\ns 274 (prev s 268) ins A1994-14\nrenum as s 274 A1994-14\nEffect of declarations\ns 275 (prev s 269) ins A1994-14\nrenum as s 275 A1994-14\nEligibility and vacancies\ndiv 16.4 hdg (prev pt 16 div 4 hdg) renum LA (see A2000-76 s 24)\nSpeaker to state case\ns 276 (prev s 270) ins A1994-14\nrenum as s 276 A1994-14\nParties to a referral\ns 277 (prev s 271) ins A1994-14\nrenum as s 277 A1994-14\nDeclarations and orders\ns 278 (prev s 272) ins A1994-14\nrenum as s 278 A1994-14\nRegistrar to serve copy of declarations on Speaker\ns 279 (prev s 273) ins A1994-14\nrenum as s 279 A1994-14\nEffect of declarations\ns 280 (prev s 274) ins A1994-14\nrenum as s 280 A1994-14\nProceedings\ndiv 16.5 hdg (prev pt 16 div 5 hdg) renum LA (see A2000-76 s 24)\nProcedure\ns 281 (prev s 275) ins A1994-14\nrenum as s 281 A1994-14\nLegal representation limited\ns 282 (prev s 276) ins A1994-14\nrenum as s 282 A1994-14\nam A1997-96; A2002-30 amdt 3.327\n\nAdmissibility of evidence\ns 283 (prev s 277) ins A1994-14\nrenum as s 283 A1994-14\nCosts may be ordered against Territory\ns 284 (prev s 278) ins A1994-14\nrenum as s 284 A1994-14\nsub A2002-30 amdt 3.328\nam A2013-44 amdt 3.62\nElectoral offences\npt 17 hdg ins A1994-14\nBribery and improper influence\ndiv 17.1 hdg (prev pt 17 div 1 hdg) renum LA (see A2000-76 s 24)\nBribery\ns 285 (prev s 279) ins A1994-14\nrenum as s 285 A1994-14\nInfluencing of votes by officers\ns 286 (prev s 280) ins A1994-14\nrenum as s 286 A1994-14\nam A1998-54; A2002-30 amdt 3.329\nInfluencing votes of hospital and nursing home patients\ns 287 (prev s 281) ins A1994-14\nrenum as s 287 A1994-14\nProtection of rights\ndiv 17.2 hdg (prev pt 17 div 2 hdg) renum LA (see A2000-76 s 24)\nViolence and intimidation\ns 288 (prev s 282) ins A1994-14\nrenum as s 288 A1994-14\nDiscrimination on grounds of certain gifts\ns 289 hdg sub A2012-28 s 64\ns 289 (prev s 283) ins A1994-14\nrenum as s 289 A1994-14\nam A1998-54; A2001-36 amdt 1.87; A2004-26 amdt 1.65;\nA2012-28 s 65, s 66\nEmployees’ right to leave of absence for voting\ns 290 (prev s 284) ins A1994-14\nrenum as s 290 A1994-14\nam A1998-54; A2023-43 amdt 2.57\n\nCampaigning offences\ndiv 17.3 hdg (prev pt 17 div 3 hdg) renum LA (see A2000-76 s 24)\nDefinitions for div 17.3\ns 291 hdg sub A2001-36 amdt 1.88\ns 291 (prev s 285) ins A1994-14\nrenum as s 291 A1994-14\ndef address am A2001-36 amdt 1.89; A2004-26 amdt 1.63,\namdt 1.65\nom A2008-13 s 90\ndef disseminate sub A2001-36 s 39\nom A2012-28 s 67\ndef polling place ins A1995-33 s 5\nam A1997-91 sch\nom A2001-36 amdt 1.90\nins A2011-28 amdt 3.69\nam A2023-43 amdt 1.7; pars renum R65 LA\ndef publish ins A2001-36 s 40\nom A2012-28 s 68\ndef reportage or commentary am A2008-13 s 91\nDissemination of unauthorised electoral matter\ns 292 (prev s 286) ins A1994-14\nrenum as s 292 A1994-14\nsub A2001-36 s 41\nam A2004-26 amdt 1.50\nss (3), (4) exp 1 January 2002 (s 292 (4))\nam A2020-28 ss 26-30; ss renum R58 LA\n(2), (4) exp 17 April 2021 (s 292 (4))\nss renum R60 LA\nsub A2023-43 s 75\nExceptions for news publications\ns 293 (prev s 287) ins A1994-14\nrenum as s 293 A1994-14\nam A2023-43 amdt 2.58\nException for electoral matter disseminated on social media by individuals\nacting in private capacity\ns 293A ins A2015-5 s 57\nsub A2023-43 s 76\n\nExceptions for dissemination of electoral matter on certain items\ns 294 (prev s 288) ins A1994-14\nrenum as s 294 A1994-14\ndef government agency reloc to dict A2012-28 s 69\nam A2023-43 amdt 2.59\nException for certain Commonwealth licence holders\ns 295 (prev s 289) ins A1994-14\nrenum as 295 A1994-14\nsub A2001-36 s 42\nam A2002-30 amdt 3.330; A2004-9 amdt 1.16\nAdvertorials\ns 296 (prev s 290) ins A1994-14\nrenum as s 296 A1994-14\nMisleading electoral matter affecting casting of vote\ns 297 hdg sub A2020-51 s 12\ns 297 (prev s 291) ins A1994-14\nrenum as s 297 A1994-14\nMisleading electoral advertising\ns 297A ins A2020-51 s 13\nInducement to illegal voting—representations of ballot papers\ns 298 (prev s 292) ins A1994-14\nrenum as s 298 A1994-14\nam A1998-54; A2023-43 amdt 2.60\nGraffiti\ns 299 (prev s 293) ins A1994-14\nrenum as s 299 A1994-14\nam A1998-54; A2002-30 amdt 3.331; A2007-25 amdt 1.37;\nA2023-36 amdt 1.120; A2023-43 amdt 2.61\nDefamation of candidates\ns 300 (prev s 294) ins A1994-14\nrenum as s 300 A1994-14\nPublication of statements about candidates\ns 301 (prev s 295) ins A1994-14\nrenum as s 301 A1994-14\nam A1998-54; A2001-36 amdt 1.91; A2004-26 amdt 1.62,\namdt 1.65; A2023-43 amdt 2.62\n\nDisruption of election meetings\ns 302 (prev s 296) ins A1994-14\nrenum as s 302 A1994-14\nCanvassing within 100m of polling places\ns 303 (prev s 297) ins A1994-14\nrenum as s 303 A1994-14\nsub A1995-33\nam A1997-91; LA (see A2001-36 amdt 1.99); A2001-44\namdt 1.1386, amdt 1.1387; A2007-25 amdt 1.38; A2020-28\ns 31, s 32; ss renum R58 LA\nBadges and emblems in polling places\ns 304 (prev s 298) ins A1994-14\nrenum as s 304 A1994-14\nam A1995-33; A1998-54; A2001-36 amdt 1.92;\nA2004-26 amdt 1.51\nHow-to-vote material in polling places\ns 305 (prev s 299) ins A1994-14\nrenum as s 305 A1994-14\nam A1995-33; A1998-54\nEvidence of authorisation of electoral matter\ns 306 (prev s 300) ins A1994-14\nrenum as s 306 A1994-14\nam A2008-13 s 93\nElectronic voting offences\ndiv 17.4 hdg (prev div 17.3A hdg) ins A2000-76 s 19\nInterfering with electronic voting devices etc\ns 306A ins A2000-76 s 19\nInterfering with electronic counting devices etc\ns 306B ins A2000-76 s 19\nVoting fraud\ndiv 17.5 hdg (prev pt 17 div 4 hdg) renum LA (see A2000-76 s 24)\nVoting fraud\ns 307 (prev s 301) ins A1994-14\nrenum as s 307 A1994-14\nam A1997-91; A1998-54; A2023-43 amdt 1.8; pars renum R65\nLA\nInterpretation—electoral papers\ns 308 (prev s 302) ins A1994-14\nrenum as s 308 A1994-14\nom A2001-36 amdt 1.93\n\nElectoral papers\ndiv 17.6 hdg (prev pt 17 div 5 hdg) renum LA (see A2000-76 s 24)\nElectoral papers—forgery\ns 309 (prev s 303) ins A1994-14\nrenum as s 309 A1994-14\nom A2004-15 amdt 2.64\nElectoral papers—forfeiture\ns 310 (prev s 304) ins A1994-14\nrenum as s 310 A1994-14\nam A2004-15 amdt 2.65\nElectoral papers—unauthorised possession\ns 311 (prev s 305) ins A1994-14\nrenum as s 311 A1994-14\nElectoral papers—false or misleading statements\ns 312 (prev s 306) ins A1994-14\nrenum as s 312 A1994-14\nom A2004-15 amdt 2.66\nElectoral papers—defacement etc\ns 313 (prev s 307) ins A1994-14\nrenum as s 313 A1994-14\nElectoral papers—signatures\ns 314 (prev s 308) ins A1994-14\nrenum as s 314 A1994-14\nam A1998-54; A2023-43 amdt 2.63, amdt 2.64\nElectoral papers—witnesses\ns 315 (prev s 309) ins A1994-14\nrenum as s 315 A1994-14\nam A1998-54; A2023-43 amdts 2.65-2.67\nBallot papers—photographs\ns 315A ins A2008-13 s 94\nOfficial functions\ndiv 17.7 hdg (prev pt 17 div 6 hdg) renum LA (see A2000-76 s 24)\nImproper influence—members of electoral commission etc\ns 316 (prev s 310) ins A1994-14\nrenum as s 316 A1994-14\n\nUnauthorised actions by officers\ns 317 (prev s 311) ins A1994-14\nrenum as s 317 A1994-14\nam A1998-54; A2023-43 amdt 2.68\nIdentification of voters and votes\ns 318 (prev s 312) ins A1994-14\nrenum as s 318 A1994-14\nam A1998-54; A2023-43 amdt 2.69\nResponses to official questions\ns 319 (prev s 313) ins A1994-14\nrenum as s 319 A1994-14\nam A1998-54; A2020-27 s 28, amdt 1.25; A2023-43 s 77\nControl of behaviour at voting centres\ns 320 (prev s 314) ins A1994-14\nrenum as s 320 A1994-14\nam A1997-91; A1998-54; A2023-43 amdt 1.9; pars renum R65\nLA\nEnforcement proceedings\npt 18 hdg ins A1994-14\nInjunctions\ndiv 18.1 hdg (prev pt 18 div 1 hdg) renum LA (see A2000-76 s 24)\nRestraining conduct\ns 321 (prev s 315) ins A1994-14\nrenum as s 321 A1994-14\nsub A2002-30 amdt 3.332\nam A2023-43 amdt 2.70\nRequiring things to be done\ns 322 (prev s 316) ins A1994-14\nrenum as s 322 A1994-14\nsub A2002-30 amdt 3.332\nam A2023-43 amdt 2.70\nCommissioner not required to give undertakings as to damages\ns 323 (prev s 317) ins A1994-14\nrenum as s 323 A1994-14\nam A2002-30 amdt 3.333; A2023-43 amdt 2.71\nPowers of the court\ns 324 (prev s 318) ins A1994-14\nrenum as s 324 A1994-14\nProsecutions\ndiv 18.2 hdg (prev pt 18 div 2 hdg) renum LA (see A2000-76 s 24)\n\nInvestigation of complaints\ns 325 (prev s 319) ins A1994-14\nrenum as s 325 A1994-14\nCommissioner may prosecute enrolment and voting offences\ns 326 (prev s 320) ins A1994-14\nrenum as s 326 A1994-14\nService of certain process by mail\ns 327 (prev s 321) ins A1994-14\nrenum as s 327 A1994-14\nam A2002-30 amdt 3.334\npt 19 hdg ins A1994-14\nExtension of time for acts by officers\ns 328 (prev s 322) ins A1994-14\nrenum as s 328 A1994-14\nRestrictions on sending completed ballot and voting papers by fax\ns 329 (prev s 323) ins A1994-14\nrenum as s 329 A1994-14\nsub A2002-30 amdt 3.335\nForms—provision and assistance\ns 330 (prev s 324) ins A1994-14\nrenum as s 330 A1994-14\nCompliance with approved forms\ns 331 (prev s 325) ins A1994-14\nrenum as s 331 A1994-14\nom A2001-44 amdt 1.1388\nCorrecting delays, errors and omissions\ns 332 (prev s 326) ins A1994-14\nrenum as s 332 A1994-14\nam A2001-44 amdts 1.1389-1.1391; A2012-1 s 16; A2025-29\nVoting statistics to be published\ns 333 (prev s 327) ins A1994-14\nrenum as s 333 A1994-14\nam A2000-76 s 20; A2001-44 amdt 1.1392, amdt 1.1393;\nA2013-41 s 45; A2025-29 amdt 4.64\nCollecting further statistical information\ns 334 (prev s 328) ins A1994-14\nrenum as s 334 A1994-14\n\nStorage and destruction of electoral papers\ns 335 (prev s 329) ins A1994-14\nrenum as s 335 A1994-14\nsub A2002-30 amdt 3.336\nAdministrative arrangements with Commonwealth and States\ns 336 (prev s 330) ins A1994-14\nrenum as s 336 A1994-14\nsub A2001-36 amdt 1.94\nEvidentiary certificates\ns 337 (prev s 331) ins A1994-14\nrenum as s 337 A1994-14\nam A2001-36 amdt 1.95; LA (see A2001-36 amdt 1.99);\nA2004-26 amdt 1.51\nActs and omissions of representatives\ns 338 (prev s 332) ins A1994-14\nrenum as s 338 A1994-14\nsub A2002-30 amdt 3.337; A2004-15 amdt 1.12\nAssistance for Speaker\ns 339 (prev s 333) ins A1994-14\nrenum as s 339 A1994-14\nom A2000-76 s 21\nins A2017-41 s 16\nHead of service to provide assistance etc\ns 340 hdg sub A2000-76 s 22\nam A2011-22 amdt 1.188\nsub A2017-28 amdt 3.12\ns 340 (prev s 334) ins A1994-14\nrenum as 340 A1994-14\nam A2000-76 s 22; A2011-22 amdt 1.188; A2016-52\namdt 1.78\nApproved forms\ns 340A ins A2001-44 amdt 1.1394\nam A2002-30 amdt 3.338; A2011-28 amdt 3.77; A2025-29\ns 340B (prev s 7A) ins A1994-14\nrenum as s 8 A1994-14\n(prev s 8) sub A2001-44 amdt 1.1286\nam A2011-28 amdt 3.77\nreloc and renum as s 340B A2013-41 s 20\n\nRegulation-making power\ns 341 (prev s 335) ins A1994-14\nrenum as s 341 A1994-14\nsub A2000-76 s 23\nam A2001-44 amdt 1.1395, amdt 1.1396; A2008-13 amdt 1.1;\nA2013-41 s 40; A2025-29 amdt 4.64\nTransitional\npt 20 hdg ins A2001-36 s 43\nins A2003-54 s 8\nexp 31 December 2004 (s 342 (2))\nApplication of amendments by Electoral Amendment Act 2003\ns 342 ins A2001-36 s 43\nexp 29 August 2001 (s 345 (1))\nins A2003-54 s 8\nexp 31 December 2004 (s 342 (2))\nRegistered parties to provide up-to-date copies of their constitutions\ns 343 ins A2001-36 s 43\nexp 29 August 2001 (s 345 (1))\nApplication of certain amendments made by Electoral Amendment Act 2001\ns 344 ins A2001-36 s 43\nExpiry of pt 20\ns 345 ins A2001-36 s 43\nTransitional—Electoral Legislation Amendment Act 2008\npt 30 hdg ins A2008-13 s 95\nTransitional—disclosure by candidates\ns 500 ins A2008-13 s 95\nTransitional—disclosure by donors\ns 500A ins A2008-13 s 95\nTransitional—certain other disclosure thresholds\ns 500B ins A2008-13 s 95\n\nTransitional—annual returns by parties, MLAs and associated entities\ns 500C ins A2008-13 s 95\ns 501 ins A2008-13 s 95\nExpiry—pt 30\ns 502 ins A2008-13 s 95\nTransitional—Electoral Amendment Act 2012\npt 31 hdg ins A2012-28 s 70\nACT election account\ns 505 ins A2012-28 s 70\nCapped expenditure period\ns 506 ins A2012-28 s 70\nAnnual returns of donations\ns 507 ins A2012-28 s 70\nAnnual returns by parties and MLAs\ns 508 ins A2012-28 s 70\nAnnual returns by associated entities\ns 509 ins A2012-28 s 70\ns 510 ins A2012-28 s 70\nExpiry—pt 31\ns 511 ins A2012-28 s 70\nTransitional—Officers of the Assembly Legislation Amendment Act 2013\npt 32 hdg ins A2013-41 s 41\n\nExisting appointment of electoral commission members\ns 515 ins A2013-41 s 41\nExpiry—pt 32\ns 516 ins A2013-41 s 41\nTransitional—Electoral Amendment Act 2020\npt 33 hdg ins A2020-51 s 14\nTransitional—gifts from property developers in pre-commencement period\ns 517 ins A2020-51 s 14\ns 518 ins A2020-51 s 14\nExpiry—pt 33\ns 519 ins A2020-51 s 14\nForm of ballot paper\nsch 1 ins A1994-14\nam A2001-36 amdt 1.97; A2004-26 amdt 1.52\nBallot papers—printing of names and collation\nsch 2 ins A1994-14\nam A2001-37 s 4; A2014-29 s 9\nPreliminary scrutiny of declaration voting papers\nsch 3 ins A1994-14\nam A1997-91; A2001-36 s 44, s 45; A2001-44 amdt 1.1397;\nA2004-26 s 36; A2008-13 s 96; A2020-28 s 33, s 34; pars\nrenum R58 LA; A2023-43 amdt 1.10\nAscertaining result of poll\nsch 4 ins A1994-14\nam A1994-78; A1997-91; A2008-13 s 97, amdts 1.2-1.7;\nA2015-5 ss 58-61; A2020-28 s 35; A2023-43 s 78,\namdts 2.72-2.74\nInternally reviewable decisions\nsch 5 ins A2008-37 amdt 1.142\nam A2015-50 amdt 3.103\n\ndict ins A2001-36 amdt 1.98\ndefs reloc from s 3 A2001-36 amdt 1.3\nam A2002-30 amdt 3.339; A2006-23 amdt 1.194; A2006-36\ns 5; A2007-25 amdt 1.39; A2008-13 amdt 1.8; A2008-37\namdt 1.143; A2011-22 amdt 1.189, amdt 1.190; A2011-28\namdts 3.70-3.72; A2012-21 amdt 3.57; A2012-28 s 71;\nA2013-44 amdt 3.63; A2015-5 s 62; A2016-52 amdt 1.79;\nA2020-51 s 15; A2023-36 amdt 1.121; A2023-43 amdt 2.75;\nA2025-29 amdt 3.97\ndef AAT ins A1994-14 s 6\nom A2008-13 amdt 1.9\ndef abbreviation ins A2001-36 amdt 1.98\nsub A2004-26 amdt 1.53\ndef ACT election account ins A2012-21 s 72\nom A2015-5 s 63\ndef address ins A1994-14 s 6\nsub A2008-13 s 98\ndef amount ins A2001-36 amdt 1.98\ndef anonymous gift ins A2015-5 s 64\ndef anonymously ins A2012-21 s 72\nom A2023-43 amdt 1.11\ndef Antarctica ins A2001-36 amdt 1.98\ndef Antarctic elector ins A1994-14 s 6\ndef application ins A2001-36 amdt 1.98\ndef approved ins A1994-14 s 6\nom A2001-44 amdt 1.1398\ndef approved computer program ins A2000-76 s 4\nsub A2023-43 s 79\ndef approved electronic device ins A2020-27 s 29\nom A2020-27 amdt 1.26\nins A2023-43 s 80\ndef Assembly ins A1994-14 s 6\ndef assistant returning officer ins A2001-36 amdt 1.98\ndef associated entity ins A2001-36 amdt 1.98\ndef augmented commission am A1994-14 s 6\n\ndef Australian government body ins A2015-5 s 64\ndef authorised delivery service ins A2004-26 s 37\ndef authorised officer ins A1994-14 s 6\ndef authorised witness ins A2001-36 amdt 1.98\nom A2012-1 s 17\ndef available for public inspection ins A2001-36 amdt 1.98\ndef ballot group ins A2001-36 amdt 1.98\nom A2004-26 amdt 1.54\ndef ballot group candidate ins A2001-36 amdt 1.98\nom A2004-26 amdt 1.55\ndef ballot paper ins A2000-76 s 4\nsub A2002-30 amdt 3.340; A2008-13 amdt 1.10\ndef bribery ins A2001-36 amdt 1.98\ndef broadcast ins A1994-14 s 6\ndef broadcaster ins A2001-36 amdt 1.98\nsub A2012-28 s 73\ndef called ins A2012-21 s 74\ndef candidate ins A2001-36 amdt 1.98\ndef candidate square ins A1994-14 s 6\nsub A2002-30 amdt 3.341\ndef capped expenditure period ins A2012-21 s 74\ndef certified extract of electors ins A2012-1 s 18\nsub A2020-28 s 36\ndef certified list of electors ins A1994-14 s 6\nsub A2012-1 s 18; A2020-28 s 36\ndef close associate ins A2020-51 s 16\ndef closed ins A1994-14 s 6\nom A2020-28 s 37\ndef column ins A2009-13 amdt 1.11\ndef commissioner ins A1994-14 s 6\nam A2013-41 s 42\ndef Commonwealth Electoral Act ins A1994-14 s 6\ndef Commonwealth roll ins A1994-14 s 6\ndef continuing candidate ins A2009-13 amdt 1.11\ndef contravention ins A2001-36 amdt 1.98\nsub A2002-30 amdt 3.342\n\ndef count ins A2009-13 amdt 1.11\ndef count votes ins A2009-13 amdt 1.11\ndef court ins A2001-36 amdt 1.98\nom A2002-30 amdt 3.343\ndef Court of Disputed Elections ins A1994-14 s 6\nsub A2002-30 amdt 3.344; A2011-28 amdt 3.73\ndef decided ins A2020-51 s 16\ndef declaration vote ins A1994-14 s 6\nam A2004-26 s 38; A2020-27 s 30; pars renum R58 LA;\nA2020-27 amdt 1.27; pars renum R59 LA\nsub A2023-43 amdt 1.12\ndef declaration voting papers ins A1994-14 s 6\nam A2001-44 amdt 1.1399; A2012-1 s 19; A2020-27 s 31,\ns 32, amdt 1.28, amdt 1.29; A2023-43 s 81, s 82\ndef defined details ins A2001-36 amdt 1.98\nam A2012-28 s 75\ndef defined particulars ins A2001-36 amdt 1.98\ndef determined fee ins A1994-14 s 6\nom A2001-44 amdt 1.1400\ndef disclosure period ins A2001-36 amdt 1.98\ndef disposition of property ins A2001-36 amdt 1.98\nom A2012-28 s 76\ndef disseminate ins A2001-36 amdt 1.98\nsub A2012-28 s 77\ndef early polling place ins A2023-43 amdt 1.13\ndef election ins A1994-14 s 6\ndef election period ins A1994-14 s 6\ndef elector ins A1994-14 s 6\ndef electoral advertisement ins A2001-36 amdt 1.98\nsub A2012-28 s 78\ndef electoral commission reloc from s 3 A2001-36 amdt 1.3\ndef electoral expenditure ins A2001-36 amdt 1.98\nsub A2012-28 s 78; A2023-43 amdt 1.14\ndef electoral matter ins A1994-14 s 6\ndef electoral paper ins A2001-36 amdt 1.98\n\ndef electorate reloc from s 3 A2001-36 amdt 1.3\ndef electronic form ins A2002-30 amdt 3.345\ndef electronic vote ins A2020-27 s 33\nom A2020-27 amdt 1.30\ndef electronic voting ins A2000-76 s 4\nom A2020-27 s 34\nins A2020-27 amdt 1.31\nsub A2023-43 amdt 1.14\ndef eligible elector ins A2001-36 amdt 1.98\nsub A2004-26 s 39\nom A2008-13 s 99\ndef eligible overseas elector ins A1994-14 s 6\ndef eligible vote ins A2001-36 amdt 1.98\ndef entity ins A2001-36 amdt 1.98\ndef envelope ins A2009-13 amdt 1.11\ndef excluded candidate ins A2009-13 amdt 1.11\ndef expenditure cap ins A2012-28 s 79\ndef extract ins A1994-14 s 6\nsub A2002-30 amdt 3.346\ndef extraordinary election ins A1994-14 s 6\ndef file ins A2001-36 amdt 1.98\ndef financial controller ins A2001-36 amdt 1.98\ndef financial institution ins A2012-28 s 79\ndef financial representative ins A2012-28 s 79\ndef foreign entity ins A2023-43 amdt 1.15\ndef former MLA ins A2001-36 amdt 1.98\ndef free facilities use ins A2023-43 amdt 1.15\ndef general election ins A1994-14 s 6\ndef gift ins A2001-36 amdt 1.98\nsub A2012-28 s 80; A2020-51 s 17; A2023-43 amdt 1.16\ndef government agency reloc from s 294 (4) A2012-28 s 69\nsub A2016-52 amdt 1.80\ndef group ins A1994-14 s 6\nsub A2002-30 amdt 3.347\nam A2008-13 s 100\ndef homelessness polling place ins A2023-43 amdt 1.17\ndef hospital ins A1994-14 s 6\n\ndef hour of nomination ins A1994-14 s 6\ndef illegal practice ins A2001-36 amdt 1.98\nom A2002-30 amdt 3.348\ndef incurs ins A2012-28 s 81\ndef index number ins A2012-28 s 81\ndef internally reviewable decision ins A2008-37 amdt 1.144\ndef internal review notice ins A2008-37 amdt 1.144\ndef interstate declaration polling place ins A2023-43\namdt 1.17\ndef investigation notice ins A2001-36 amdt 1.98\ndef judge reloc from s 3 A2001-36 amdt 1.3\nom A2011-28 amdt 3.74\ndef loan ins A2012-28 s 81\ndef make ins A2020-51 s 18\ndef member ins A2001-36 amdt 1.98\nom A2013-41 s 42\ndef MLA ins A1994-14 s 6\nsub A2012-28 s 82\ndef newspaper ins A2001-36 amdt 1.98\ndef news publication ins A2008-13 s 101\ndef next available preference ins A2009-13 amdt 1.11\ndef non-party candidate grouping ins A2012-28 s 83\ndef non-party group ins A2001-36 amdt 1.98\nom A2008-13 s 102\ndef non-party MLA ins A2012-28 s 83\ndef non-party prospective candidate grouping ins\nA2012-28 s 83\ndef officer ins A2001-36 amdt 1.98\ndef official error ins A1997-91 s 4\nam A2020-28 s 38\ndef OIC ins A1994-14 s 6\nam A2023-43 s 83\ndef ordinary election ins A1994-14 s 6\ndef ordinary vote ins A1994-14 s 6\ndef overseas electronic vote ins A2020-27 s 35\nom A2020-27 amdt 1.32\ndef participant ins A2001-36 amdt 1.98\ndef party ins A2001-36 amdt 1.98\ndef party candidate ins A1994-14 s 6\n\ndef party grouping ins A2012-28 s 83\ndef person ins A2001-36 amdt 1.98\nsub A2008-37 amdt 1.145\ndef person, for part 14 ins A2012-28 s 83\ndef place of nomination ins A1994-14 s 6\ndef political entity ins A2020-51 s 18\nsub A2023-43 amdt 1.18\ndef political party ins A1994-14 s 6\ndef polling day ins A1994-14 s 6\nsub A2002-30 amdt 3.349\ndef polling place ins A2001-36 amdt 1.98\nsub A2011-28 amdt 3.75\ndef post ins A2004-26 s 40\ndef postal vote ins A1994-14 s 6\nsub A2004-26 s 41\ndef pre-election period ins A1994-14 s 6\ndef preliminary cetified extract of electors ins A2020-28\ns 39\ndef preliminary cetified list of electors ins A2020-28 s 39\ndef proceeding ins A2001-36 amdt 1.98\ndef property ins A2001-36 amdt 1.98\nom A2012-28 s 84\ndef property developer ins A2020-51 s 18\ndef prospective candidate ins A2012-28 s 85\ndef publish ins A2001-36 amdt 1.98\nom A2012-28 s 86\ndef quota ins A2009-13 amdt 1.11\ndef redistribution reloc from s 3 A2001-36 amdt 1.3\ndef register ins A2001-36 amdt 1.98\ndef registered ins A2001-36 amdt 1.98\nsub A2004-26 amdt 1.56\ndef registered ballot group ins A2001-36 amdt 1.98\nom A2004-26 amdt 1.56\ndef registered industrial organisation ins A2001-36\namdt 1.98\ndef registered officer ins A2001-36 amdt 1.98\nsub A2004-26 amdt 1.57\ndef registered party ins A2001-36 amdt 1.98\nam A2004-26 amdt 1.61\n\ndef register of ballot groups ins A2001-36 amdt 1.98\nom A2004-26 amdt 1.58\ndef register of political parties ins A2001-36 amdt 1.98\ndef registrar ins A2001-36 amdt 1.98\ndef related ins A2001-36 amdt 1.98\nam A2004-26 amdt 1.61; A2008-13 s 103\nsub A2012-28 s 87\ndef relates ins A2001-36 amdt 1.98\nom A2012-28 s 88\ndef relevant Assembly committee ins A2013-41 s 44\nam A2022-4 amdt 1.15\ndef relevant planning application ins A2020-51 s 18\ndef remand centre ins A2001-36 amdt 1.98\nom A2006-23 amdt 1.195\ndef reportage or commentary ins A2001-36 amdt 1.98\ndef reporting agent ins A2009-13 amdt 1.11\ndef research personnel ins A2001-36 amdt 1.98\ndef return ins A2001-36 amdt 1.98\ndef returning officer ins A2001-36 amdt 1.98\ndef reviewable decision ins A2001-36 amdt 1.98\nsub A2008-37 amdt 1.145\ndef review statement ins A1994-14 s 6\nom A2008-37 amdt 1.146\ndef roll ins A1994-14 s 6\nam A2011-28 amdt 3.76\ndef scrutineer ins A1994-14 s 6\ndef scrutiny centre ins A1994-14 s 6\ndef secretary ins A1994-14 s 6\ndef small anonymous gift ins A2012-28 s 89\nom A2015-5 s 65\ndef Speaker ins A2001-36 amdt 1.98\nsub A2002-30 amdt 3.350\ndef special hospital ins A2001-36 amdt 1.98\ndef sponsoring MLA ins A2001-36 amdt 1.98\nom A2004-26 amdt 1.59\ndef staff ins A1994-14 s 6\nsub A1994-38 sch 1 pt 32\n\ndef station ins A2001-36 amdt 1.98\ndef successful candidate ins A2009-13 amdt 1.11\ndef supplementary cetified list of electors ins A2020-28\ns 39\ndef suppressed address ins A1994-14 s 6\ndef surplus ins A2009-13 amdt 1.11\ndef third-party campaigner ins A2012-28 s 89\ndef this Act ins A1994-14 s 6\nom A2001-44 amdt 1.1400\ndef total votes ins A2009-13 amdt 1.11\ndef transfer value ins A2009-13 amdt 1.11\ndef transmit ins A2001-36 amdt 1.98\ndef undue influence ins A2001-36 amdt 1.98\ndef visiting officer ins A2001-36 amdt 1.98\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n27 Aug 1993–\nA1993-44 amendments by\nA1993-44\nR0B\n17 May 1994–\nA1994-14 amendments by\nR0C\n6 June 1994–\nA1994-14 amendments by\nR0D\n1 July 1994–\n24 Aug 1994\nA1994-38 amendments by\nA1994-38\nR0E\n1 Sept 1994–\n16 Nov 1994\nA1994-38 amendments by\nR1 (RI)\n17 Nov 1994–\n2 Mar 1995\nA1994-78 amendments by\nA1994-78\nR1A\n3 Mar 1995–\n4 Sept 1995\nA1994-78 amendments by\nR1B\n5 Sept 1995–\n30 Oct 1995\nA1995-25 amendments by\nA1995-25\nR1C\n31 Oct 1995–\n17 Dec 1995\nA1995-33 amendments by\nA1995-33\n\nfor\nR2 (RI)\n21 Dec 1995–\n7 Oct 1996\nA1995-56 amendments by\nA1995-46 and\nA1995-56\nR2A\n8 Oct 1996–\n28 Nov 1996\nA1995-56 modification by\nA1996-53\nR2B\n29 Nov 1996–\nA1996-56 amendments by\nA1996-56\nR2C\n24 June 1997–\n22 Sept 1997\nA1997-38 amendments by\nA1996-85\nR2D\n23 Sept 1997–\n30 Nov 1997\nA1997-41 amendments by\nA1997-41\nR3 (RI)\n1 Dec 1997–\n30 Apr 1998\nA1997-96 amendments by\nA1997-91\nR4 (RI)\n11 Dec 1998–\n27 Sept 2000\nA1998-61 amendments by\nA1997-38,\nA1997-96,\nA1998-54 and\nA1998-61\nR4A\n28 Sept 2000–\n10 Apr 2001\nA2000-50 amendments by\nA2000-50\nR4B\n11 Apr 2001–\nA2000-76 amendments by\nA2000-76\n12 Sept 2001\n12 Sept 2001–\n31 Dec 2001\nA2001-44 amendments by\nA2001-3,\nA2001-36,\nA2001-37,\nA2001-38 and\nA2001-44\n\nfor\n9 Jan 2002\n1 Jan 2002–\n1 Mar 2002\nA2001-44 expiry of provisions\n(s 292 (3) and (4))\n2 Mar 2002\n2 Mar 2002–\nA2001-44 expiry of\nprovisions (pt 20)\nR8*\n28 May 2002–\n16 Sept 2002\nA2002-11 amendments by\nA2002-11\n17 Sept 2002\n17 Sept 2002–\n8 Oct 2002\nA2002-30 amendments by\nA2002-30\n9 Oct 2002\n9 Oct 2002–\n10 Oct 2002\nA2002-32 amendments by\nA2002-32\n11 Oct 2002\n11 Oct 2002–\nA2002-39 amendments by\nA2002-39\nR11 (RI)\n10 Feb 2003\n11 Oct 2002–\nA2002-39 reissue for\nretrospective\namendments by\nA2002-49\n1 July 2003–\n3 Dec 2003\nA2002-56 amendments by\nA2002-56\n4 Dec 2003\n4 Dec 2003–\n8 Apr 2004\nA2003-54 amendments by\nA2003-54\n9 Apr 2004\n9 Apr 2004–\n12 Apr 2004\nA2004-15 amendments by\nA2004-15\n13 Apr 2004\n13 Apr 2004–\nA2004-15 amendments by\nA2004-9\n22 May 2004–\n16 Oct 2004\nA2004-26 amendments by\nA2004-26\n17 Oct 2004\n17 Oct 2004–\n31 Dec 2004\nA2004-60 commenced expiry\n1 Jan 2005\n1 Jan 2005–\n9 Jan 2005\nA2004-60 commenced expiry\nR19*\n10 Jan 2005\n10 Jan 2005–\nA2004-60 amendments by\nA2004-60\n\nfor\n7 July 2005–\nA2004-60 amendments by\nA2004-39\n2 June 2006–\n27 Sept 2006\nA2006-23 amendments by\nA2006-23\n28 Sept 2006\n28 Sept 2006–\n28 Sept 2006\nA2006-40 amendments by\nA2006-36\n29 Sept 2006\n29 Sept 2006–\n13 Nov 2007\nA2006-40 amendments by\nA2006-40\n14 Nov 2007\n14 Nov 2007–\n30 Mar 2008\nA2007-33 amendments by\nA2007-33\n31 Mar 2008\n31 Mar 2008–\nA2007-33 amendments by\nA2007-25\n21 May 2008–\n1 Feb 2009\nA2008-13 amendments by\nA2008-13\n2 Feb 2009\n2 Feb 2009–\n2 Mar 2010\nA2008-37 amendments by\nA2008-37\nR28*\n3 Mar 2010\n3 Mar 2010–\nA2010-6 amendments by\nA2010-6\n22 May 2010–\n30 Nov 2010\nA2010-6 commenced expiry\n1 Dec 2010\n1 Dec 2010–\nA2010-43 amendments by\nA2010-43\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-28 amendments by\nA2011-28\n12 Dec 2011\n12 Dec 2011–\n28 Feb 2012\nA2011-52 amendments by\nA2011-52\n29 Feb 2012\n29 Feb 2012–\nA2012-1 amendments by\nA2012-1\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n\nfor\n1 July 2012–\nA2012-28 amendments by\nA2012-28\n2 July 2013–\n24 Nov 2013\nA2012-28 expiry of\nprovisions (pt 31)\n25 Nov 2013\n25 Nov 2013–\n1 Jan 2014\nA2013-44 amendments by\nA2013-44\n2 Jan 2014\n2 Jan 2014–\nA2013-44 expiry of provisions\n(s 198AA (3) (h)\nand (4))\n1 July 2014–\n18 Aug 2014\nA2013-44 amendments by\nA2013-41\n19 Aug 2014\n19 Aug 2014–\n18 Nov 2014\nA2014-29 amendments by\nA2014-29\n19 Nov 2014\n19 Nov 2014–\n4 Dec 2014\nA2014-44 amendments by\nA2014-44\n5 Dec 2014\n5 Dec 2014–\n2 Mar 2015\nA2014-58 amendments by\nA2014-58\n3 Mar 2015\n3 Mar 2015–\nA2015-5 amendments by\nA2015-5\n21 May 2015–\nA2015-11 amendments by\nA2015-11\n2 July 2015–\n13 Oct 2015\nA2015-11 expiry of\nprovisions (pt 32)\n14 Oct 2015\n14 Oct 2015–\n8 Dec 2015\nA2015-33 amendments by\nA2015-33\n9 Dec 2015\n9 Dec 2015–\n31 Dec 2015\nA2015-50 amendments by\nA2015-50\n1 Jan 2016\n1 Jan 2016–\n1 Mar 2016\nA2015-50 expiry of provision\n(s 205D (2), (3))\n2 Mar 2016\n2 Mar 2016–\n26 Apr 2016\nA2016-4 amendments by\nA2016-4\n\nfor\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n1 July 2016–\n31 Aug 2016\nA2016-18 expiry of provision\n(s 207 (8), (9))\n1 Sept 2016\n1 Sept 2016–\n31 Dec 2016\nA2016-52 amendments by\nA2016-52\n1 Jan 2017\n1 Jan 2017–\n10 Oct 2017\nA2016-52 expiry of provision\n(s 34 (3), (4))\n11 Oct 2017\n11 Oct 2017–\n13 Nov 2017\nA2017-28 amendments by\nA2017-28\n14 Nov 2017\n14 Nov 2017–\n22 Oct 2018\nA2017-41 amendments by\nA2017-41\n23 Oct 2018\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\n9 July 2020–\nA2020-28 amendments by\nA2020-27 and\nA2020-28\n17 April 2021–\nA2020-28 amendments by\nA2020-27\n18 Apr 2021\n18 Apr 2021–\nA2020-28 expiry of provisions\n(s 292 (2), (4))\n1 July 2021–\n1 Oct 2021\nA2020-51 amendments by\nA2020-51\n2 Oct 2021\n2 Oct 2021–\n5 Apr 2022\nA2020-51 expiry of\nprovisions (pt 33)\n6 Apr 2022\n6 Apr 2022–\n26 Nov 2023\nA2022-4 amendments by\nA2022-4\n27 Nov 2023\n27 Nov 2023–\n28 Nov 2023\nA2023-36 amendments by\nA2023-36\n29 Nov 2023\n29 Nov 2023–\n11 Dec 2023\nA2023-43 amendments by\nA2023-43\n12 Dec 2023\n12 Dec 2023–\nA2023-57 amendments by\nA2023-57\n\nfor\n1 July 2024–\nA2023-57 amendments by\nA2023-43\n9 June 2025–\n15 Nov 2025\nA2025-13 amendments by\nA2025-13\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n7 Renumbered provisions\nThis Act was renumbered by the Electoral (Amendment) Act 1994 No 14. Details\nof renumbered provisions are shown in endnote 4 (Amendment history). For a table\nshowing the renumbered provisions, see R8.","sortOrder":429}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1029},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its 1992 origins. The original Act implemented the Hare-Clark electoral system chosen by referendum. Major scope expansions include: (1) Part 14 (Election funding, expenditure and financial disclosure) — added comprehensive public funding, expenditure caps, and disclosure requirements; (2) Divisions 14.4A and 14.4B — added Australia's most restrictive property developer donation bans and foreign donation bans, creating complex regulatory regimes far beyond original electoral administration; (3) Electronic voting provisions (Division 9.3) added for accessibility; (4) Mobile polling expansion including homelessness polling places (s 149B). The Act now functions as a comprehensive political finance regulator, not merely an election administration statute."},"complexity_factors":["341 sections plus 4 detailed schedules (over 400 pages)","Extensive cross-referencing with Commonwealth Electoral Act, Planning Act 2023, Criminal Code, and other territory laws","Multiple nested definitions in Part 14 (election funding) with 50+ defined terms including 'gift', 'electoral expenditure', 'associated entity', 'property developer', 'close associate', 'foreign entity'","Complex conditional logic in donation bans — property developer bans (ss 222F-222K) have 4-tier threshold system ($250 triggers) with lookback periods (7 years for planning applications) and exceptions","Foreign donation bans (ss 222L-222Q) with separate criminal and civil penalty regimes","Hare-Clark proportional representation counting system in Schedule 4 with quota calculations, transfer values, and surplus distribution","Redistribution process (Part 4) involves committees, augmented commissions, public objections, and multiple stages with finality clauses","Strict liability offences mixed with fault-based offences throughout","Electronic voting provisions with security requirements and backup protocols","Review mechanisms: internal review → Electoral Commission → ACAT → Supreme Court for administrative decisions; Court of Disputed Elections for election challenges"],"plain_english_summary":"This is the **Electoral Act 1992 (ACT)** — the comprehensive law governing elections for the Australian Capital Territory's Legislative Assembly. It covers everything from how elections are run to how political parties are funded and regulated.\n\n**What it does:**\n\n- **Establishes the ACT Electoral Commission** — an independent body that runs elections, advises the Assembly, and promotes public awareness of the electoral system. The Commission has a chairperson, a commissioner (chief executive), and one other member, all appointed by the Speaker after consultation with political leaders.\n\n- **Sets up the electoral system** — The ACT uses **proportional representation (Hare-Clark)** with **Robson Rotation** (a system that randomises candidate name positions on ballot papers to reduce donkey voting). The ACT is divided into **5 electorates**, each electing **5 members** (25 MLAs total).\n\n- **Manages enrolment and voting** — Compulsory enrolment and voting for eligible ACT residents, with special provisions for overseas electors, Antarctic voters, people with disabilities, and those experiencing homelessness. Includes postal voting, early voting, electronic voting, and mobile polling at hospitals and institutions.\n\n- **Regulates political parties** — Parties must register with at least 100 member-electors, meet naming rules, and maintain constitutions. The Act bans certain donations and imposes strict financial disclosure requirements.\n\n- **Controls election funding and spending** — Introduces **expenditure caps** on how much parties and candidates can spend, provides **public funding** for administrative costs and per-vote payments, and requires detailed disclosure of gifts and electoral expenditure. Notably includes **bans on donations from property developers** (Division 14.4A) and **foreign entities** (Division 14.4B).\n\n- **Provides for filling casual vacancies** — If an MLA resigns or dies, the vacancy is filled by recounting votes from the last election or, if that fails, by the Assembly choosing a replacement.\n\n- **Creates enforcement mechanisms** — Includes offences for bribery, undue influence, misleading electoral advertising, voting fraud, and failures to disclose. The Electoral Commissioner can investigate, issue notices, and seek search warrants. The Supreme Court sits as the **Court of Disputed Elections** to hear challenges to election results.\n\n**Who it affects:**\n- All ACT voters (compulsory voting applies)\n- Candidates and political parties\n- The Electoral Commission and its staff\n- Property developers and foreign donors (restricted from giving)\n- Media organisations publishing electoral advertising\n\n**Why it matters:**\nThis Act ensures transparent, fair elections in the ACT with strong integrity measures — including Australia's most restrictive developer donation bans and foreign influence controls at a state/territory level. It balances accessibility (multiple voting methods) with accountability (strict spending caps and disclosure)."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1992 Act focused on establishing the electoral system and basic voting procedures. Over time, extensive amendments have expanded its scope dramatically, particularly in Parts 14 and 17. The addition of expenditure caps (Division 14.2B), bans on property developer and foreign entity donations (Divisions 14.4A and 14.4B), and detailed financial disclosure requirements have moved the Act far beyond its original administrative purpose into a comprehensive campaign finance and anti-corruption regime. The original intent was to implement the Hare-Clark system; the Act now also functions as a regulatory tool for political conduct and funding."},"complexity_factors":["Over 340 sections plus 5 schedules, making it very long","Extensive dictionary with many defined terms (e.g., 'gift', 'electoral expenditure', 'associated entity')","Complex nested divisions within Part 14 (Election funding, expenditure and financial disclosure) covering multiple sub-divisions with different rules for different entity types","Cross-references to Commonwealth legislation (e.g., Commonwealth Electoral Act, Criminal Code)","Formulas for calculating expenditure caps and indexation (sections 205D-205F, 207)","Multiple exceptions and conditions for donation bans (property developers, foreign entities) with thresholds and time periods","Detailed procedural rules for voting (postal, pre-poll, telephone, electronic) with specific timeframes","Complex scrutiny and recount procedures in Schedule 4 with mathematical formulas for calculating quotas and transfer values","Heavy reliance on regulations for prescribing details (e.g., amounts, forms, additional offences)"],"plain_english_summary":"This Act sets out the rules for elections to the ACT Legislative Assembly. It establishes an independent Electoral Commission to run elections and oversee the system. The Act covers how electorates are drawn (currently 5 electorates each electing 5 members), how people enrol to vote (compulsory for eligible residents), and how they cast their votes using a proportional representation system called Hare-Clark, which includes Robson Rotation (candidates' names rotate positions on ballot papers to reduce order bias).\n\nVoting is conducted on a designated polling day, with options for early voting, postal voting, and mobile polling for hospitals and homeless people. The Act also permits electronic voting and telephone voting for certain electors.\n\nThe Act regulates political party registration, requiring at least 100 members and a constitution. It imposes controls on election funding and spending. There are **limits on how much parties, candidates, and third-party campaigners can spend** during an election period. The Act bans **gifts from property developers** and **foreign entities** to political entities, with penalties for both givers and receivers. Gifts over certain thresholds must be disclosed publicly.\n\nPolitical entities must keep records of gifts and loans, and file regular returns. Breaches can result in fines or imprisonment. The Act also creates offences for bribery, intimidation, misleading advertising, and interference with the voting process.\n\nDisputed elections can be challenged in the Supreme Court (acting as the Court of Disputed Elections). The Act also provides for filling casual vacancies in the Assembly.\n\n**In practice, this Act imposes a detailed regulatory framework on all aspects of ACT elections, from who can vote and how, to how much money can be spent and who can donate. Compliance is mandatory, and the rules are complex, particularly around financial disclosure and spending caps.**"}},"importantCases":[],"_links":{"self":"/api/acts/electoral-act-1992","history":"/api/acts/electoral-act-1992/history","analysis":"/api/acts/electoral-act-1992/analysis","conflicts":"/api/acts/electoral-act-1992/conflicts","importantCases":"/api/acts/electoral-act-1992/important-cases","documents":"/api/acts/electoral-act-1992/documents"}}