{"id":"electoral-act-2004","name":"Electoral Act 2004","slug":"electoral-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30029,"registerId":"nt-electoral-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\nActing Commissioner, see section 326.\naffected person has the meaning in section 225.\nalternate prohibition zone, see section 268.\namount, for Part 10, has the meaning in section 176.\nappealable decision has the meaning in section 225.\nappeal details has the meaning in section 227.\nappointed member has the meaning in section 336(1).\napproved form means a form approved under section 318.\nassociated entity, for Part 10, has the meaning in section 176.\n\nElectoral Act 2004 2\nAustralian parliament means:\n(a) the Legislative Assembly; or\n(b) the Parliament of the Commonwealth or a State; or\n(c) the parliament or legislature of another Territory.\nauthorised officer means an officer authorised by the Commission\nfor the provision in which the expression occurs.\navailable for public inspection has the meaning in section 6.\nballot paper includes a declaration ballot paper.\ncampaigning activity, see section 268.\ncandidate, for Part 10, see section 176.\ncandidate square has the meaning in section 40(2)(c).\ncapped expenditure period, see section 203A.\ncertified list of voters, for an election, means a list of electors\nprepared and certified under section 44 for the election.\nclosed, for a roll, means closed in accordance with section 8.\ncommencement date, for Part 18, has the meaning in section 348.\nCommission means the Northern Territory Electoral Commission\nestablished by section 307.\nCommissioner means the person holding office as the Electoral\nCommissioner under an appointment under section 314.\nCommission's office means the Commission's office in Darwin.\nCommonwealth Act means the Commonwealth Electoral Act 1918\n(Cth).\ncampaign material, see section 268A.\ncorporation, for Part 10, has the meaning in section 176.\nCourt of Disputed Returns means the Court of Disputed Returns\nestablished by section 232.\ncredit card, for Part 10, has the meaning in section 176.\n\nElectoral Act 2004 3\ndeclaration ballot paper means a ballot paper on which a\ndeclaration vote is cast.\ndeclaration envelope means any envelope into which a ballot\npaper is required to be placed under Part 6.\ndeclaration vote means a vote cast under Part 6, which is required\nby a provision of that Part to be accompanied by a declaration.\ndeclaration voting papers means:\n(a) a declaration ballot paper issued under section 54(1), 56(1),\n56(2), 71(2) or 73(2); and\n(b) a declaration envelope; and\n(c) for a declaration ballot paper issued under section 56(1), 56(2)\nor 73(2) – a declaration under section 56(1)(c), 56(2)(c)\nor 73(1)(e).\ndefined details, for Part 10, Division 3, has the meaning in\nsection 189.\ndefined particulars, for Part 10, Division 5, has the meaning in\nsection 204.\ndesignated campaign area, see section 268.\ndisposition of property, for Part 10, has the meaning in\nsection 176.\ndistribute, for Part 13, Division 1, Subdivision 2, has the meaning\nin section 268.\ndivision means an electoral division for the election for an MLA.\nearly voting centre means a place appointed under\nsection 42(1)(a) for early voting under Part 6, Division 5.\nelection has the meaning in section 4(1).\nelection day means the date fixed by a writ as election day for an\nelection or general election, and includes a day to which voting is\nadjourned under section 91.\nelection day voting centre means a voting centre appointed under\nsection 42(1)(b) where votes are taken by an authorised officer\nduring voting hours on election day.\n\nElectoral Act 2004 4\nelection period, for an election, means the period:\n(a) starting on the date the writ for the election is issued; and\n(b) ending on the date the writ is returned.\nelector means a person whose name is on a roll.\nelectoral advertisement means an advertisement containing\nelectoral matter, whether or not consideration was given for its\npublication.\nelectoral expenditure, for Part 10, see section 176A.\nelectoral matter has the meaning in section 7.\nelectoral paper means a document provided for or required under\neligible person, see section 314A(1).\neligible political party means a political party that:\n(a) is registered under the Commonwealth Act; or\n(b) is established on the basis of a written constitution (however\ndescribed) that states the party's aims and has at least\n200 members who are:\n(i) electors; and\n(ii) members under the party's constitution; and\n(iii) not members of a registered party or another political\nparty applying for registration.\nenrolled, for a person, means the person's name is on a roll.\nenrolled division, for an elector, means the division for which the\nperson is enrolled.\nentity, for Part 10, has the meaning in section 176.\nenvelope includes a declaration envelope.\nexecutive officer, of a body corporate, means a person who is\nconcerned with, or takes part in, the management of the body\ncorporate, (whether or not the person is a director or the person's\nposition is given the name of executive officer), and includes a\nconstituent member of a body corporate incorporated for a public\npurpose by a law of the Commonwealth or a State or Territory.\n\nElectoral Act 2004 5\nexternal Territory, of Australia, has the meaning in the Acts\nInterpretation Act 1901 (Cth).\nextract means an extract from a roll prepared under section 12.\nextraordinary general election, see section 23(4).\nfails, for an election, has the meaning in section 135.\nfalse or misleading includes false or misleading because of the\nomission of a statement.\nfinancial controller, for Part 10, has the meaning in section 176.\nformal, for a ballot paper, means the ballot paper is not informal,\nspoilt or been discarded.\nformer division, for Part 18, has the meaning in section 350.\ngeneral election has the meaning in section 4(3).\ngift, for Part 10, see section 3A.\nhow-to-vote card, see section 51A(1).\ninformal, for a ballot paper, has the meaning in section 94.\ninformation notice has the meaning in section 226.\ninfringement notice has the meaning in section 300.\ninfringement offence means an offence against:\n(a) section 175P(2) or (3); or\n(ab) section 215(1), (2) or (2A); or\n(ac) section 279(1); or\n(b) another provision of this Act prescribed by the Regulations.\ninvestigation notice, for Part 10, Division 6, has the meaning in\nsection 214.\njournal means a newspaper, magazine or other periodical, whether\npublished for sale or for distribution without charge.\nloan, for Part 10, has the meaning in section 176.\nMLA means a member of the Legislative Assembly.\n\nElectoral Act 2004 6\nmobile voting centre means:\n(a) a mobile voting centre declared under section 78(1); and\n(b) a voting centre substituted for a mobile voting centre under\nsection 81(1).\nmobile voting period, for an election, means the period starting on\nthe day that is 11 days after the date of the issue of the writ for the\nelection and ending at 6 pm on election day.\nnew division, for Part 18, has the meaning in section 350.\nnewspaper, for Part 13, Division 1, Subdivision 2, has the meaning\nin section 268.\nnomination means a nomination as a candidate for an election\nmade under Part 5, Division 3.\nnomination day means the date fixed by the writ for an election or\ngeneral election as the date for the nomination of candidates.\nnomination deposit has the meaning in section 32(1)(g).\nnominee means a person nominated under Part 5, Division 3 as a\ncandidate for an election.\nofficer means an officer appointed under section 330.\nordinary vote means a vote, whether cast before or on election\nday, other than a declaration vote.\nparticipant, for Part 10, Division 4, has the meaning in section 199.\nparty candidate means:\n(a) a candidate at an election nominated by the registered officer\nof a registered party; or\n(b) in relation to a registered party – a candidate nominated by\nthe registered officer of the party.\nparty's name, for a registered party, means the name under which\nthe party is registered.\npolitical expenditure means expenditure incurred in promoting or\nopposing a candidate (within the meaning of Part 10) or a\n\nElectoral Act 2004 7\npolitical party means an organisation (whether incorporated or\nunincorporated) an object or activity of which is the promotion of the\nelection to the Legislative Assembly of a candidate or candidates\nendorsed by it.\nPostal Ballot Box means the ballot box mentioned in\nsection 111(3).\npostal ballot paper means a declaration ballot paper issued under\nsection 62.\npostal vote means a declaration vote for which postal voting\npapers are issued under section 62.\npostal vote certificate means the certificate issued under\nsection 62(1)(a).\npostal voting papers means a postal vote certificate and postal\nballot paper.\nprescribed amount, for an infringement offence, means the\namount prescribed by the Regulations for the offence.\nproperty, for Part 10, has the meaning in section 176.\npublic notice has the meaning in section 5.\npublish includes publish or broadcast by radio, television, Internet,\ntelephone or other means.\nreasonably believes means believes on grounds that are\nreasonable in the circumstances.\nredistribution means a redistribution of the Territory into divisions\nunder Part 8.\nRedistribution Committee means the Redistribution Committee\nestablished by section 331.\nredistribution declaration notice has the meaning in\nsection 147(1).\nredistribution process, for Part 8, Division 3, see section 140A.\nredistribution report, see section 148(1).\nregion means a region declared under section 69.\nregistered industrial organisation, for Part 10, has the meaning\nin section 176.\n\nElectoral Act 2004 8\nregistered officer, of a registered party, means the person shown\nin the register of registered parties as the party's registered officer.\nregistered party means a political party registered under Part 9.\nregistered postal voter means a person whose name is included\nin the register of postal voters.\nregister of postal voters means register of postal voters kept\nunder section 58.\nregister of registered parties means the register of registered\nparties kept under section 167.\nregister of reporting agents means the register of reporting\nagents kept under section 186.\nRegulations means the Regulations made under this Act.\nrelated bodies corporate, for Part 10, has the meaning in\nsection 176.\nrepealed Act, for Part 18, has the meaning in section 348.\nreporting agent means:\n(a) a person appointed under section 184 and whose registration\nhas not been removed under section 187; or\n(b) the person taken to be a reporting agent under section 185.\nreturn, for Part 10, Division 6, has the meaning in section 214.\nroll means a roll of electors under this Act.\nscrutineer means a person appointed under section 46 to\nrepresent a candidate.\nscrutiny centre means a place decided under section 42(1)(c) for\nthe conduct of scrutiny for an election under Part 7.\nSelf-Government Act means the Northern Territory (Self-\nGovernment) Act 1978 (Cth).\nsitting day, for the Legislative Assembly, means a day on which\nthe Assembly actually sits.\nsubstituted centre, see section 81(1).\nsuppressed, for a person's address, means the person's address\nis not included in a roll extract under section 12(3).\n\nElectoral Act 2004 9\nthird party campaigner means a person who or entity that incurs\nor expects to incur more than $1 000 of political expenditure during\nthe capped expenditure period, but does not include a candidate\n(as defined in Part 10), a registered party or an associated entity.\nthis Act includes the Regulations made under this Act.\nvoter's question, for Part 6, has the meaning in section 51.\nvoting centre means an election day voting centre, a mobile voting\ncentre and an early voting centre.\nvoting hours means:\n(a) for an election day voting centre – from 8 am to 6 pm; or\n(b) for an early voting centre – the hours decided under\nsection 69(1)(b) for voting at early voting centres; or\n(c) for a mobile voting centre – the hours specified in a\ndeclaration under section 78 for the mobile voting centre, and\nincludes the hours as changed under section 81(1).\nvoting papers means:\n(a) a ballot paper; and\n(b) an envelope into which a ballot paper is placed; and\n(c) any declaration a person makes in casting a vote.\nwrit means a writ for an election or general election issued under\nsection 27.\n","sortOrder":0},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of gift","content":"3A Meaning of gift\n(1) A gift means any disposition of property made by a person to\nsomeone else without consideration in money or money's worth or\nwith inadequate consideration, and includes providing a service for\nno consideration or for inadequate consideration, but does not\ninclude:\n(a) a disposition of property by will; or\n(b) an annual subscription paid to a registered party by a person\nfor the person's membership of the party; or\n(c) volunteer labour provided by a person that is:\n(i) conducted outside the person's normal working hours or\nwhile the person is on leave; and\n\nElectoral Act 2004 10\n(ii) not remunerated.\n(2) Despite subsection (1), a gift to a candidate does not include a gift:\n(a) made in a private capacity to the candidate for the candidate's\npersonal use; and\n(b) that the candidate has not used, and will not use, solely or\nsubstantially for a purpose related to an election.\n(3) Despite subsection (1), a gift to a third party campaigner only\nincludes gifts that are:\n(a) specified by the donor to be used for political expenditure; or\n(b) reasonably believed by the campaigner to be intended by the\ndonor to be used for political expenditure.\n(4) For subsection (1), (2) or (3) the regulations may:\n(a) prescribe matters relating to methods or processes for\ndetermining the value of a gift; and\n(b) broaden or narrow the definition of gift.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Election and general election","content":"4 Election and general election\n(1) An election is an election for an MLA.\n(2) An election may be held alone, at the same time as another\nelection or as part of a general election.\n(3) A general election is an election for all MLAs.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Public notice","content":"5 Public notice\n(1) If a provision of this Act requires public notice to be given by the\nCommission or Commissioner about a matter, notice about the\nmatter must be published in a newspaper circulating:\n(a) generally throughout the Territory; or\n(b) if the matter relates only to a particular division, in the division.\n(2) This section does not prevent the Commission or Commissioner\nfrom giving notice about the matter in another way (including for\nexample, by radio or television broadcast).\n(3) However, if under a provision of this Act, a stated period after\npublication of a notice is required or allowed for a matter, the period\nstarts on the date the notice is first published under subsection (1).\n\nElectoral Act 2004 11\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Available for public inspection","content":"6 Available for public inspection\n(1) If a provision of this Act requires an entity to make a document or\ncopy of a document available for public inspection, the entity must\nmake the document or copy available for inspection by members of\nthe public during ordinary business hours at the Commission's\noffice.\n(2) The entity may also make the document or copy available for public\ninspection at the other places in the Territory the entity considers\nappropriate.\n(3) The right of inspection does not give any right to copy the document\nor a part of it unless otherwise expressly provided.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Electoral matter","content":"7 Electoral matter\n(1) Electoral matter is matter, in printed or electronic form, that is\nintended 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(ab) a candidate for the election; or\n(b) the performance of the Government or opposition or a\nprevious Government or opposition; or\n(c) the performance of an MLA or former MLA; or\n(d) the performance of a political party in the election; or\n(e) an issue submitted to, or otherwise before, the electors in\nrelation to the election.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Closed roll","content":"8 Closed roll\nThe roll for a division is closed during the period:\n(a) starting at 5 pm on the day that is 1 day after the date of the\nissue of a writ for an election for the division; and\n(b) ending at the close of voting for the election.\n\nElectoral Act 2004 12\n","sortOrder":6},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Criminal Code","content":"8A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against\nsections 175P(2) and (3), 175R(1) and (2), 203C(1), (2) and (3),\n203D and 213E.\nNote for section 8A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 3 Constitution of Legislative Assembly\n9 Number of MLAs\nThe Legislative Assembly consists of 25 members.\n10 Commission to keep rolls\nThe Commission must keep a roll for each division.\n11 Contents of roll\n(1) Each roll must contain the following information for each elector for\nthe division:\n(a) surname;\n(b) each given name;\n(c) residential address and postal address if not the same as the\nresidential address;\n(d) sex or gender;\n(e) occupation;\n(f) date of birth;\n(g) information prescribed by the Regulations.\n\nElectoral Act 2004 13\n(2) A roll may contain the following information for each elector for the\n(a) salutation;\n(b) any former surname or given name;\n(c) any previous address;\n(d) information prescribed by the Regulations.\n","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":"Roll extracts to be available for public inspection","content":"12 Roll extracts to be available for public inspection\n(1) The Commission must make available for public inspection by any\nperson, without fee, the most recent extract from each roll.\n(2) The roll extract must contain the following information for each\nelector enrolled at the time the extract is prepared:\n(a) surname;\n(b) each given name;\n(c) residential address.\n(3) However, if, under section 104 of the Commonwealth Act, the\nperson's address is not included on a roll for a Subdivision under\nthat Act, the person's address must not be included in the roll\nextract.\n(4) For subsection (1), the Commission must prepare an extract of\neach roll at least once each month.\n(5) A right of inspection under subsection (1) does not include the right\nto copy or record an extract, or part of an extract, by electronic or\nany other means.\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Supply of roll extract to MLA and registered party","content":"13 Supply of roll extract to MLA and registered party\n(1) At least once each month, the Commission must, on request:\n(a) give an extract from the roll for a division to the MLA for the\ndivision; and\n(b) give an extract from the roll for all divisions to the registered\nofficer of each registered party.\n\nElectoral Act 2004 14\n(2) In addition to the information mentioned in section 12(2), the extract\nmust contain the following information for each elector enrolled at\nthe time the extract is prepared:\n(a) postal address;\n(b) sex or gender;\n(c) occupation;\n(d) date of birth;\n(e) salutation;\n(f) information prescribed by the Regulations.\n(3) If practicable, the Commission must give the person the roll extract\nin electronic form.\n","sortOrder":9},{"sectionNumber":"14","sectionType":"section","heading":"Use of roll extracts","content":"14 Use of roll extracts\n(1) A person must not use protected information for:\n(a) a commercial purpose; or\n(b) any other purpose other than an approved purpose.\n(2) A person must not directly or indirectly disclose or communicate\nprotected information to someone else for a purpose other than an\napproved purpose.\napproved purpose means any of the following:\n(a) for an MLA – the exercise of the MLA's functions;\n\nElectoral Act 2004 15\n(b) for the registered officer of a registered party – the exercise by\nan MLA who is a member of the party of the MLA's functions;\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 by the Regulations.\nprotected information, in relation to a person, means information\n(other than information available for public inspection under\nsection 12) the person knows, or reasonably believes, was obtained\nfrom a roll extract given to the person or someone else under\nsection 13.\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Providing roll information to certain entities for medical","content":"15 Providing roll information to certain entities for medical\nresearch and health screening programs\n(1) The Commission may, under this section, give a copy of a roll or\ninformation contained on a roll (electoral information) to an entity\nfor conducting medical research or providing a health screening\nprogram if satisfied:\n(a) giving the information is in the public interest; and\n(b) the public interest in giving the information outweighs the\npublic interest in protecting the privacy of personal information\nin the particular circumstances.\n(2) The Commission may include in the electoral information the age\nranges of electors in a way decided by the Commission.\n(3) However, the electoral information must not include the address of\na person whose address is suppressed.\n(4) The electoral information may be given to the entity in printed or\nelectronic form.\n(5) The Commission must obtain from the entity an undertaking that\nthe entity will:\n(a) only use the electoral information for a stated purpose; and\n(b) not copy the information or give it to anyone else; and\n(c) return the information to the Commission or destroy it after\nusing it for the stated purpose.\n\nElectoral Act 2004 16\n(6) A person must not use electoral information obtained under\nsubsection (1) other than in accordance with the undertaking.\nMaximum penalty for an offence against subsection (6):\nIf the offender is a natural person –\n","sortOrder":11},{"sectionNumber":"16","sectionType":"section","heading":"Providing roll information to Sheriff","content":"16 Providing roll information to Sheriff\n(1) For the Juries Act 1962, the Commission must, on request by the\nSheriff, give the Sheriff a copy of all rolls.\n(2) The rolls may be given to the Sheriff in printed or electronic form.\n","sortOrder":12},{"sectionNumber":"16A","sectionType":"section","heading":"Roll information not for sale","content":"16A Roll information not for sale\nThe Commission must not sell all or part of a roll or extract, or any\ninformation contained in a roll or extract.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Maintenance of rolls","content":"17 Maintenance of rolls\n(1) The Commission must, as far as practicable, keep the rolls up to\ndate.\n(2) The Commission 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) for a person who is enrolled on the Commonwealth roll – to\nreflect an alteration under section 105 of the Commonwealth\nAct.\n(3) However, the Commission must not alter a roll for a division to give\neffect to a claim for enrolment or transfer of enrolment received by\nthe Commission while the rolls are closed for an election for the\n\nElectoral Act 2004 17\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Power to require information","content":"18 Power to require information\n(1) The Commission may, by written notice, require a person to give\nthe Commission or a stated officer stated information required for\nthe preparation, maintenance or revision of a roll within a stated\nreasonable time.\n(2) The person must comply with the notice unless the person has a\nreasonable excuse.\n20 penalty units.\n(3) Subsection (2) does not apply if compliance with the requirement\nwould involve the disclosure of information in contravention of\nanother law.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Disclosure of roll information","content":"19 Disclosure of roll information\n(1) This section applies to a person who is or has been:\n(a) the Commissioner; or\n(b) an officer; or\n(c) a member of the staff of the Commission.\n(2) The person must not directly or indirectly do any of the following:\n(a) make a record of, or communicate to another person,\ninformation acquired by the person because of the person's\ninvolvement in the administration of this Act;\n(b) give another person, or permit another person to have access\nto a copy of a roll, a roll extract, information contained on a roll\nor another document given to the person for the administration\nof this Act.\n(3) Subsection (2) does not apply:\n(a) to the extent it is necessary for the person to do the thing:\n(i) for this Act; or\n\nElectoral Act 2004 18\n(ii) for the proper conduct of an election under the Local\nGovernment Act 2019; or\n(b) if the person is authorised or required by law to do the thing.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Arrangement with Commonwealth for keeping rolls","content":"20 Arrangement with Commonwealth for keeping rolls\n(1) The Administrator may arrange with the Governor-General of the\nCommonwealth for, or for carrying out a procedure relating to, the\npreparation, alteration or revision of the rolls jointly by the Territory\nand the Commonwealth.\n(2) The arrangement may be made for the use of the rolls as electoral\nrolls for Commonwealth or Territory elections or for another\npurpose.\n(3) The arrangement must be consistent with this Act.\n(4) The rolls prepared under the arrangement may contain the\nfollowing information for the purposes of Commonwealth elections:\n(a) the names and descriptions of persons who are not entitled to\nbe enrolled as electors for Territory elections if the rolls clearly\nindicate the persons are not enrolled as electors for Territory\nelections;\n(b) distinguishing marks against the names of persons enrolled as\nelectors showing the persons are or are not also enrolled as\nCommonwealth electors;\n(c) any other particulars.\n(5) For this Act, the names, descriptions, marks and particulars\nmentioned in subsection (4) are taken not to be part of the rolls.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Entitlement","content":"21 Entitlement\n(1) A person is entitled to be enrolled for a division if:\n(a) the person is qualified, under section 14 of the\nSelf-Government Act, to vote at an election for MLAs; and\n(b) under the Commonwealth Act, the person's residential\naddress is in the division or the person is treated as having a\nreal place of living in the division.\n\nElectoral Act 2004 19\n(2) However, an MLA may be enrolled for the division the MLA\nrepresents or proposes to stand for election at the next general\nelection even if the MLA's residential address under the\nCommonwealth Act is in another division.\n(3) An MLA enrolled under subsection (2) may vote as an elector of the\ndivision for which the MLA is enrolled.\n(4) A person is not entitled to be enrolled for more than one division.\nNote for section 21\nIt is compulsory for a person to be enrolled for an electoral division. Under an\narrangement made between the Administrator and the Governor-General under\nsection 20, the Territory uses Commonwealth electoral rolls. A failure to enrol or\nnotify a change of address is an offence under the Commonwealth Act.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Claim for, or transfer of, enrolment","content":"22 Claim for, or transfer of, enrolment\nA claim for enrolment on, or transfer of enrolment from, a roll for a\ndivision must be in accordance with the arrangement made under\nsection 20 between the Administrator and the Governor-General.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Determining date for holding general election other than","content":"23 Determining date for holding general election other than\nextraordinary general election\n(1) For determining the date for a general election if the previous\ngeneral election was not an extraordinary general election, the\ngeneral election is to be held on the 4th Saturday in August in the\n4th year after the year in which the previous general election was\nheld.\n(2) For determining the date for a general election if the previous\ngeneral election was an extraordinary general election, the general\nelection is to be held on the 4th Saturday in August in the 3rd year\nafter the year in which that extraordinary general election was held.\n(3) Subsections (1) and (2) are subject to a writ being issued for an\nextraordinary general election before a writ for a general election is\nissued for a date determined under either subsection.\ndetermining the date of a general election means determining\nthe date of a general election under section 17 of the\nSelf-Government Act.\n\nElectoral Act 2004 20\nextraordinary general election means a general election for which\nthe writ is issued under section 24 or 25.\nprevious general election, in relation to determining the date for a\ngeneral election, means the immediately preceding general\nelection, including a general election before the commencement of\nthis definition.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Extraordinary general election – motion of no confidence","content":"24 Extraordinary general election – motion of no confidence\n(1) The Administrator may issue a writ for a general election at any\ntime if:\n(a) a motion of no confidence in the Government is passed by the\nLegislative Assembly (being a motion of which not less than\n3 clear days notice has been given in the Legislative\nAssembly); and\n(b) during the period of no confidence, the Legislative Assembly\nhas not passed a motion of confidence in the Government.\n(2) After the motion of no confidence is passed, the Legislative\nAssembly may not be prorogued before the end of the period of no\nconfidence and may not be adjourned for a period extending\nbeyond that period unless a motion of confidence has been passed.\nperiod of no confidence, for a motion of no confidence in the\nGovernment, means the period starting on the day the motion is\npassed and ending 8 clear days after it is passed.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Extraordinary general election – non-passing of appropriation","content":"25 Extraordinary general election – non-passing of appropriation\nBill\n(1) The Administrator may issue a writ for a general election at any\ntime if the Legislative Assembly:\n(a) rejects an appropriation Bill; or\n(b) fails to pass an appropriation Bill before the time the\nAdministrator considers the appropriation is required.\nappropriation Bill means a Bill for an annual Appropriation Act for\nall Agencies.\n\nElectoral Act 2004 21\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Criteria for deciding whether to issue writs","content":"26 Criteria for deciding whether to issue writs\nIn deciding whether a writ for a general election should be issued\nunder section 24 or 25, the Administrator must consider whether a\nviable alternative Government can be formed without a general\nelection and, in so doing, must have regard to any motion passed\nby the Legislative Assembly expressing confidence in an alternative\nGovernment in which a named person would be Chief Minister.\n","sortOrder":23},{"sectionNumber":"26A","sectionType":"section","heading":"Determining alternative date if Commonwealth election","content":"26A Determining alternative date if Commonwealth election\n(1) This section applies in relation to a date (the nominal date) that,\nunder section 23 is, or would be, determined as the date for a\ngeneral election.\n(2) If the nominal date is or becomes the date for an election\nmentioned in section 394 of the Commonwealth Electoral Act 1918\n(Cth), section 23 does not prevent:\n(a) an amendment of a previous determination of the nominal\ndate to another date (an alternative date) for the general\nelection; or\n(b) the determination of another date (also an alternative date)\nfor the general election.\n(3) Subject to section 17(2) of the Self Government Act, the alternative\ndate must be a Saturday that is within 2 months before or after the\nnominal date.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Form of writ","content":"27 Form of writ\n(1) A writ for an election or general election must be issued by the\nAdministrator in the form in Schedule 1.\n(2) The writ authorises the Commission to conduct the election in\naccordance with this Act.\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Limitation of dates","content":"28 Limitation of dates\nFor the election:\n(a) nomination day must be 7 days after the date of the issue of\nthe writ; and\n(b) election day must be 23 days after the date of the issue of the\nwrit.\n\nElectoral Act 2004 22\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Endorsement of writ","content":"29 Endorsement of writ\nOn receiving the writ, the Commission must:\n(a) endorse on it the date of its receipt; and\n(b) give public notice of its issue and details of dates relating to\nthe election.\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Eligibility","content":"30 Eligibility\nA person is eligible for election as an MLA only if the person is\nnominated as a candidate for the election in accordance with this\nDivision.\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Nomination of candidate","content":"31 Nomination of candidate\n(1) A person may be nominated as a candidate for election for a\ndivision only by:\n(a) if the person is nominated as the party candidate of a\nregistered party for the division – the registered officer of that\nparty; or\n(b) otherwise – 6 electors entitled to vote at the election in the\n(2) Only one person may be nominated as the party candidate for a\nregistered party for the division for the election.\n(3) Subsection (2) does not prevent a change of the nomination if:\n(a) the registered officer of the registered party gives notice of the\nchange to the Commission in the approved form before\n12 noon on nomination day; and\n(b) the change results from any of the following:\n(i) the withdrawal of consent by the nominated party\ncandidate for the division as mentioned in section 35(1);\n(ii) the withdrawal of the nomination of a person as the party\ncandidate for the division as mentioned in section 35(2);\n(iii) the rejection of the nomination of a person as the party\ncandidate for the division as mentioned in section 36(1);\n\nElectoral Act 2004 23\n(iv) the death of the nominated party candidate for the\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Nomination form","content":"32 Nomination form\n(1) The nomination must:\n(a) be in the approved form; and\n(b) state the name, residential address and occupation of the\nnominee; and\n(c) if the nomination is made by 6 electors entitled to vote at the\nelection – state whether the word \"Independent\" is to be\nprinted on the ballot paper; and\n(d) contain a statement that the nominee consents to be\nnominated under this Division and to act as an MLA if elected;\nand\n(e) contain a declaration signed by the nominee that the nominee\nis qualified in accordance with Part III, Division 2 of the Self-\nGovernment Act to be a candidate for election as an MLA; and\n(f) be accompanied by a photograph of the nominee complying\nwith the requirements prescribed by the Regulations; and\n(g) be accompanied by a deposit of an amount prescribed by\nregulation (the nomination deposit), paid in the manner and\nby the payment method prescribed by regulation; and\n(h) be signed by the nominee and the nominator or each\nnominator.\n(2) For subsection (1)(b), the name stated in the nomination must be:\n(a) the surname and the given name, or one or more of the given\nnames, under which the nominee is enrolled; or\n(b) if the candidate is not enrolled, the surname and the given\nname, or one or more of the given names, under which the\nnominee is entitled to be enrolled.\n(3) However, a given name may be stated by an initial standing for the\nname or a commonly accepted variation of the name, including an\nabbreviation, truncation or alternative form.\n(4) If the address of a nominee is suppressed, the nomination need not\nstate the address but the nominee must give written notice to the\nCommission of an address for correspondence.\n\nElectoral Act 2004 24\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Nomination in one division only","content":"33 Nomination in one division only\n(1) This section applies if a person has consented and signed a\nnomination form to be nominated as a candidate for a division at a\ngeneral election.\n(2) The person must not consent or sign a nomination form to be\nnominated as a candidate for another division unless the person\nhas, under section 35, withdrawn his or her consent to the previous\nnomination.\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Time for lodging nomination","content":"34 Time for lodging nomination\nThe nomination form must be lodged with the Commission after the\nclose of the roll for the election and before 12 noon on nomination\nday.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Withdrawal of consent to nomination etc.","content":"35 Withdrawal of consent to nomination etc.\n(1) A nominee may withdraw consent to the nomination by giving\nwritten notice in the approved form to the Commission before\n12 noon on nomination day.\n(2) The registered officer of a registered party may withdraw a\nnomination made by the officer by giving written notice in the\napproved form to the Commission before 12 noon on nomination\nday.\n(3) On receipt of a notice under subsection (1) or (2), the Commission\nmust return the nomination deposit to the person who lodged it.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Rejection of nomination","content":"36 Rejection of nomination\n(1) The Commission may reject a nomination only if:\n(a) the nomination is not substantially in accordance with\nsection 32; or\n(b) the nominee is not enrolled, or entitled to be enrolled, at the\nclose of the roll for the election; or\n(c) the name of the nominee is not that under which the nominee\nis enrolled or entitled to be enrolled; or\n(d) the name of the nominee is obscene, frivolous or has been\nassumed for a political purpose.\n\nElectoral Act 2004 25\n(2) The Commission must give a nominee whose nomination is\nrejected written notice of:\n(a) the rejection and the reasons for it; and\n(b) the nominee's right to dispute the validity of the election.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Declaration of candidates","content":"37 Declaration of candidates\n(1) As soon as practicable after 12 noon on nomination day, the\n(a) publicly produce all nomination forms for the persons properly\nnominated other than a form for a person who has withdrawn\nconsent to the person's nomination under section 35(1) or\nwhose nomination has been withdrawn under section 35(2);\nand\n(b) declare each of the persons to be a candidate.\n(2) The declaration must:\n(a) be made at the Commission's office or other place decided by\nthe Commission and notified in the Gazette; and\n(b) state each candidate's name and, if endorsed by a registered\nparty, the name of the party.\n(3) The Commission must not disclose the names of persons\nnominated as candidates before making the declaration.\n(4) As soon as practicable after the declaration, the Commission must\ndisplay a notice at the Commission's office stating the name and\naddress, as stated in the nomination form, of each candidate.\n(5) The Commission may also display notices at the other places in the\nTerritory the Commission considers appropriate.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Need for vote","content":"38 Need for vote\n(1) If one candidate only is declared under section 37 for a division, the\nCommission must declare the candidate elected for the division.\n(2) Otherwise, an election must be held under this Act.\n\nElectoral Act 2004 26\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Nomination deposit to be returned or forfeited","content":"39 Nomination deposit to be returned or forfeited\n(1) If a candidate is elected or polls more than 20% of the total number\nof first preference votes cast for the candidate returned as elected,\nthe Commission must return the nomination deposit for the\ncandidate to:\n(a) the person who lodged the deposit; or\n(b) if that person, by written notice given to the Commission,\nauthorised another person to receive the deposit – the other\n(2) If subsection (1) does not apply to a candidate for an election, the\ndeposit is forfeited to the Territory.\n(3) If an election fails, the Commission must return the nomination\ndeposit for a candidate to:\n(a) the person who lodged the deposit; or\n(b) if that person, by written notice given to the Commission,\nauthorised another person to receive the deposit – the other\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Requirements for ballot papers","content":"40 Requirements for ballot papers\n(1) A ballot paper to be used in an election must be in the form\nprescribed by the Regulations.\n(2) A ballot paper must have:\n(a) the names of the candidates for the division for which the\nballot paper is to be used and in the order determined under\nsection 41; and\n(b) a photograph of each candidate adjacent to the candidate's\nname on the ballot paper; and\n(c) a square (a candidate square) printed adjacent to the\ncandidate's photograph; and\n(d) under the name of the candidate:\n(i) for a party candidate – the name of the registered party\nendorsing the candidate; or\n\nElectoral Act 2004 27\n(ii) for another candidate – the word \"Independent\" if the\nnomination form so indicated.\n(3) However, a declaration ballot paper need not comply with\nsubsection (2)(b).\n(4) The Commission may authorise a person or body to print the ballot\npapers to be used in an election.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Determination of order of candidates names","content":"41 Determination of order of candidates names\n(1) As soon as practicable after the candidates have been declared for\nan election for a division, the Commission must determine the order\nof the names of candidates on ballot papers for the division.\n(2) The determination must be made by lot in public at the\nCommission's office or other place decided by the Commission.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Early voting centres, voting centres and scrutiny centres","content":"42 Early voting centres, voting centres and scrutiny centres\n(1) The Commission may, in writing:\n(a) appoint a stated place to be an early voting centre for an\nelection; and\n(b) appoint a stated place to be an election day voting centre for\nan election for one or more divisions; and\n(c) appoint a stated place to be a scrutiny centre for scrutiny at an\n(2) The Commission must give public notice stating particulars of each\nearly voting centre and election day voting centre for the election.\n","sortOrder":40},{"sectionNumber":"42A","sectionType":"section","heading":"Designated land part of voting centre","content":"42A Designated land part of voting centre\n(1) The officer in charge of an election day voting centre or an early\nvoting centre may designate the area adjacent to the voting centre\nto be part of that voting centre by erecting a notice in the adjacent\narea.\n(2) An authorised officer may designate an area in the vicinity of a\nmobile voting centre to be part of the mobile voting centre by\nerecting a notice in the designated area.\n(3) A designation under subsection (1) or (2) ends when the officer in\ncharge or the authorised officer respectively removes the notice.\n\nElectoral Act 2004 28\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Limit on appointment of licensed premises as voting centre","content":"43 Limit on appointment of licensed premises as voting centre\nA part of premises licensed under the Liquor Act 2019 may be\nappointed as a voting centre only if the Commission is satisfied\nthat, during voting hours on election day:\n(a) liquor will not be available for sale or consumption on the part\nof the premises; and\n(b) the part of the premises will be segregated from the part of the\npremises where liquor will be available for sale or\nconsumption; and\n(c) access to the part of the premises will not involve passing\nthrough a part of the premises where liquor will be available\nfor sale or consumption.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Certified lists of voters","content":"44 Certified lists of voters\n(1) For the conduct of an election for a division, the Commission must\nprepare and certify lists of electors on the roll for the division.\n(2) For the conduct of a general election, the Commission must\nprepare and certify:\n(a) lists of electors on the roll for each division; and\n(b) lists of electors on the rolls for all divisions.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Administrative arrangements","content":"45 Administrative arrangements\nThe Commission must make appropriate administrative\narrangements for the conduct of an election and, in particular, must\nensure each voting centre is properly equipped with:\n(a) separate voting compartments constructed to screen voters\nfrom observation while marking ballot papers; and\n(b) ballot boxes capable of being securely sealed; and\n(c) certified lists of voters, ballot papers and other documents and\nstationery.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Scrutineers – appointment","content":"46 Scrutineers – appointment\n(1) A candidate for election may appoint a scrutineer to represent the\ncandidate during the voting or scrutiny for the election or both.\n(2) The appointment must be made by giving notice in the approved\nform to the officer in charge of a voting centre or scrutiny centre.\n\nElectoral Act 2004 29\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Scrutineers – presence at voting centre and scrutiny centre","content":"47 Scrutineers – presence at voting centre and scrutiny centre\n(1) A scrutineer representing a candidate during the voting for an\nelection is entitled to be present at a voting centre, and to enter or\nleave a voting centre, when voters are allowed to vote at the place.\n(2) However, only one scrutineer representing a particular candidate\nmay enter or remain at a particular voting centre at any time while\nvoters are allowed to vote at the place.\n(3) A scrutineer representing a candidate during the scrutiny for an\nelection is entitled to be present at a scrutiny centre, and to enter or\nleave a scrutiny centre, during the conduct of the scrutiny at the\n(4) However, only one scrutineer representing a particular candidate\nmay enter or remain at a particular scrutiny centre at any time while\nthe scrutiny is conducted at the centre unless there is more than\none counting table for the division at the scrutiny centre in which\ncase the candidate is entitled to be represented by a scrutineer at\neach table.\n(5) A scrutineer who contravenes this section is no longer entitled to be\nat the voting centre or scrutiny centre.\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Entitlement to vote","content":"48 Entitlement to vote\n(1) An elector for a division is entitled to vote at an election for the\n(2) The inclusion of the name of a person on a certified list of voters for\nan election is conclusive evidence of the person's right to vote at\nthe election.\n(3) The omission of the name of a person from a certified list of voters\nbecause of official error does not disqualify the person from voting.\n(4) In a certified list of voters, an omission of a given name or an error\nin a name does not disqualify an elector from voting.\n(5) An elector whose surname has changed is not disqualified from\nvoting under a former name entered for the person on a certified list\nof voters.\n\nElectoral Act 2004 30\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Procedure for voting","content":"49 Procedure for voting\n(1) A person may cast a vote at an election in accordance with\nDivisions 2 to 6A.\n(2) Except as otherwise provided in this Act, a person may cast a vote\non election day at any voting centre in the Territory, whether or not\nthe voting centre is in the division for which the person is enrolled.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Method of voting","content":"50 Method of voting\n(1) A person's vote on a ballot paper must be marked in accordance\nwith subsection (2).\n(2) The person must:\n(a) place the number \"1\" in the candidate square for a candidate\nto indicate the person's first preference for the candidate; and\n(b) place consecutively increasing whole numbers (starting with\nthe number \"2\") in the candidate squares for each of the other\ncandidates to indicate the order of the person's preferences\nfor those candidates until a number is placed in all candidate\nsquares.\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Voter's question","content":"51 Voter's question\nFor this Part, the voter's question to be put to a person who claims\nto vote at an election is as follows:\nIs this the first time you have voted at this election?.\n","sortOrder":50},{"sectionNumber":"51A","sectionType":"section","heading":"How-to-vote cards","content":"51A How-to-vote cards\n(1) A how-to-vote card is a printed document that recommends the\nway in which a voter should mark the ballot paper.\n(2) Without limiting subsection (1), the card may include the following\ninformation:\n(a) the candidate's name;\n(b) for a candidate endorsed by a registered party – the party's\nname;\n(c) the candidate's order of preferences for some or all of the\nother candidates for the candidate's division for the election;\n(d) the individual who authorises the publication of the card and\nthe individual's address.\n\n","sortOrder":51},{"sectionNumber":"Div 2","sectionType":"division","heading":"Ordinary voting at voting centre on election day","content":"Division 2 Ordinary voting at voting centre on election day\nElectoral Act 2004 31\n(3) A regulation may make provisions relating to how-to-vote cards.\nDivision 2 Ordinary voting at voting centre on election day\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Issue of ballot paper","content":"52 Issue of ballot paper\nvoting centre during voting hours and claims to vote at an election,\nthe officer must issue a ballot paper to the person for the division if:\n(i) states the person's name; and\n(ii) states an address for the person or indicates the\nperson's address is suppressed; and\n(iii) has not been marked to indicate a ballot paper has\n(2) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Voting in private","content":"53 Voting in private\n(1) On receipt of the ballot paper, the person must, without delay:\n(a) go to an unoccupied voting compartment at the voting centre;\nand\n(b) there, in private, mark the person's vote on the ballot paper;\nand\n(c) fold the ballot paper to conceal the vote; and\n(d) show the ballot paper to an officer and, without unfolding it,\nplace it in a ballot box at the voting centre; and\n(e) leave the voting centre.\n(2) This section has effect subject to section 87.\n\nSubdivision 1 Voting by certain persons absent from division\nElectoral Act 2004 32\nDivision 3 Absent and declaration voting on election day at\nSubdivision 1 Voting by certain persons absent from division\n54 Issue of ballot paper\nvoting centre during voting hours and claims to vote at an election\nfor a division for which that voting centre has not been declared\nunder section 42(1)(b), the officer must issue a ballot paper to the\nperson for the person's enrolled division if:\n(b) the officer is satisfied the officer's certified list of voters for all\ndivisions has not been marked to indicate a ballot paper has\n(2) However, if the officer's certified list of voters has been marked to\nindicate a ballot paper has already been issued to the person but\nthe person claims not to have voted already at the election,\n","sortOrder":54},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"applies to the issue of a ballot paper to the person.","content":"Subdivision 2 applies to the issue of a ballot paper to the person.\n(3) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Casting vote","content":"55 Casting vote\ncasting a vote under this Subdivision.\n(2) After the issue of the ballot paper to the person:\n(i) mark his or her vote on the ballot paper; and\nand\n\nElectoral Act 2004 33\nunfolding the ballot paper, place it in an envelope bearing the\nname of the person's enrolled division and the name of the\nvoting centre, seal the envelope and place it in a ballot box at\nthe voting centre; and\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Issue of declaration ballot paper","content":"56 Issue of declaration ballot paper\nvoting centre during voting hours and claims to vote at an election,\nthe officer must issue a ballot paper (a declaration ballot paper) to\nthe person for the division if:\n(i) does not state the person's name and address; or\n(ii) has been marked to indicate a ballot paper has already\nbeen issued to the person but the person declares the\nperson has not already voted at the election; and\n(c) the person completes and signs a declaration in the approved\n(d) the officer signs the declaration as witness.\n(1A) A person to whom subsection (1)(b)(i) applies may be required to\nprovide proof of identity in accordance with section 98AA(2) of the\nCommonwealth Act.\n(2) In addition, if a person mentioned in section 54(2) attends before an\nauthorised officer for a division at a voting centre during voting\nhours and claims to vote at an election, the officer must issue a\nballot paper (also a declaration ballot paper) to the person for the\nperson's enrolled division if:\n\nElectoral Act 2004 34\nperson's enrolled division used by the officer has been marked\nto indicate a ballot paper has already been issued to the\nperson but the person declares the person has not already\nvoted at the election; and\n(c) the person completes and signs a declaration in the approved\n(d) the officer signs the declaration as witness.\n(a) immediately before issuing the ballot paper to the person,\ninitial the back of the ballot paper; and\n(b) immediately after issuing the ballot paper to the person, make\na record of its issue.\n(4) The declaration by a person to whom subsection (1)(b)(i) applies\nmust state the following:\n(a) the person:\n(i) has complied with Part VIII of the Commonwealth Act\nbefore the close of roll; or\n(ii) is eligible to enrol under Part VIII of the Commonwealth\nAct;\n(b) to the best of the person's knowledge no objection has been\nupheld in relation to the inclusion of the person's name on the\nroll;\n(c) the person is not qualified for enrolment in a division other\nthan the division for which the person claims to vote;\n(d) the person has not already voted at the election.\n(5) The declaration by a person to whom subsection (1)(b)(ii) or (2)\napplies must state the person has not already voted at the election.\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Casting declaration vote","content":"57 Casting declaration vote\ncasting a declaration vote under this Subdivision.\n\nElectoral Act 2004 35\n(2) After the issue of a declaration ballot paper to the person:\n(i) mark the person's vote on the ballot paper; and\nand\nunfolding the ballot paper, place it in the envelope on which\nthe declaration mentioned in section 56(1)(c) or (2)(c)\nappears, seal the envelope and place it in a ballot box at the\nvoting centre; and\n(ca) if the declaration envelope includes a declaration mentioned in\nsection 56(4)(a), the officer may record and retain an image of\nthe outside of the envelope; and\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Register of postal voters","content":"58 Register of postal voters\n(1) For this Subdivision, the Commission must keep a register of postal\nvoters for each division.\n(2) The register must contain the name of each person who is\nregistered as a general postal voter under the Commonwealth Act.\n(3) The register may also contain the other particulars the Commission\nconsiders appropriate.\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Registered postal voters taken to have applied for postal","content":"59 Registered postal voters taken to have applied for postal\nvoting papers\nIf an election at which a registered postal voter is entitled to vote is\nto be held at any time during the period the person is registered, the\nCommission is taken to have received from the voter a properly\ncompleted application for postal voting papers for the election.\n\nElectoral Act 2004 36\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Who may apply for postal voting papers","content":"60 Who may apply for postal voting papers\nA person may apply for postal voting papers for an election if the\nperson is entitled to vote at the election.\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Application for postal voting papers","content":"61 Application for postal voting papers\nSubject to section 62(3)(aa), an application for postal voting papers\nfor an election may be made to the Commission in the approved\nform at any time, whether or not a writ has been issued under\n","sortOrder":62},{"sectionNumber":"Part 5","sectionType":"part","heading":"for an election at the time of the application.","content":"Part 5 for an election at the time of the application.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Issue of postal voting papers","content":"62 Issue of postal voting papers\n(1) On receipt of the properly completed application, an authorised\nofficer must issue and send to the applicant:\n(a) a postal vote certificate printed on an envelope addressed to\nthe Commission; and\n(b) a ballot paper (a declaration ballot paper).\n(2) However, an authorised officer must not send postal voting papers\nto the applicant before the determination under section 41 for the\n(2A) The authorised officer must send postal voting papers:\n(a) if a properly completed application was received before the\ndetermination – as soon as practicable after the determination;\nor\n(b) Subject to subsections (3) and (4), if a properly completed\napplication is received after the determination – as soon as\npracticable after receiving the application.\n(3) An authorised officer must not send postal voting papers to the\napplicant if:\n(aa) the application is received before the beginning of the\ncalendar year in which election day occurs; or\n(a) the application is received after 5 pm on the day that is 4 days\nbefore election day and the address to which the ballot papers\nare to be sent is outside Australia; or\n\nElectoral Act 2004 37\n(b) the application is received after 5 pm on the day that is 2 days\nbefore election day and the address to which the ballot papers\nare to be sent is in Australia.\n(4) However, an authorised officer may send postal voting papers to\nthe applicant whose application is received later than the time\nmentioned in subsection (3)(a) or (b) if the officer considers doing\nso is appropriate, having regard to:\n(a) the special circumstances of the applicant; and\n(b) the need to allow sufficient time for the papers to be\ncompleted by the applicant by 6 pm on election day; and\n(c) any other matters the officer considers relevant.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Authorised officer to record applications","content":"63 Authorised officer to record applications\nAn authorised officer must:\n(a) number in consecutive order all applications for postal voting\npapers received by the officer for each division; and\n(b) endorse each application with the date of issue of the postal\nvoting papers; and\n(c) number each postal vote certificate issued by the officer with\nthe number corresponding to the number on the application for\nthe postal voting papers; and\n(d) initial the back of the declaration ballot paper issued by the\nofficer; and\n(e) record the issue of the postal voting papers to the person on\nthe officer's certified list of voters.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Applications to be available for public inspection","content":"64 Applications to be available for public inspection\n(1) As soon as practicable after the day that is 2 days before election\nday, each authorised officer must send to the Commission all\napplications for postal voting papers received by the officer.\n(2) The Commission must keep the applications and make them\navailable for public inspection for 14 days from and including the\nthird day after election day.\n\nElectoral Act 2004 38\n","sortOrder":66},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Casting postal vote","content":"Subdivision 3 Casting postal vote\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Procedure for postal voting","content":"65 Procedure for postal voting\nAn elector may cast a postal vote only in accordance with this\nSubdivision.\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"When postal vote may be cast","content":"66 When postal vote may be cast\nThe elector may cast a postal vote at any time before 6 pm on\nelection day.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Casting postal vote","content":"67 Casting postal vote\n(2) The elector must sign the elector's name and insert the date and\ntime on the postal vote certificate.\n(4) The elector must:\n(a) mark the elector's vote on the declaration ballot paper; and\n(b) fold the ballot paper and place it in the envelope bearing the\npostal vote certificate; and\n(c) seal the envelope.\nNote for subsection (4)\nIf a postal voter needs assistance to vote, see section 87.\n(7) As soon as practicable after subsection (4) is complied with, the\nelector must send the envelope to the Commission.\nNote for section 67\nUnder section 85A the Commissioner may approve the use of a specified\nelectronic or other automated system for the issuing and returning of postal\nvoting papers. Such an approval could provide an alternative means of satisfying\nspecified requirements under this section such as placing a ballot paper in an\nenvelope and sending it to the Commission. See section 85A(4).\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Application of Division","content":"68 Application of Division\nThis Division provides for the casting of votes before election day.\n\nElectoral Act 2004 39\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Arrangements for voting","content":"69 Arrangements for voting\n(1) For this Division, the Commission:\n(a) may declare regions comprising one or more divisions; and\n(b) must decide the period during which, and the days and hours\nwhen, voting before election day may take place at early\nvoting centres and mobile voting centres.\n(2) The Commission may assign a name to a region.\n(2A) The Commission may declare an early voting centre to be an early\nvoting centre for one or more regions.\n(3) The period decided under subsection (1)(b) must not start until after\nthe determination under section 41 for the election.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Public notice of arrangements","content":"70 Public notice of arrangements\n(1) The Commission must give public notice of the arrangements for\nvoting under this Division.\n(2) The notice must state the period during which, and the days and\nhours when, voting before election day may take place at early\nvoting centres.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Issue of ballot paper","content":"71 Issue of ballot paper\n(1) This section applies if a person attends before an authorised officer\nat an early voting centre during voting hours and declares the\nperson is an elector who is entitled to vote at the election.\n(2) The officer must issue a ballot paper to the person for the person's\nenrolled division if:\n(b) the officer is satisfied the officer's certified list of voters:\n(i) states the person's name; and\n(ii) states an address for the person or indicates the\nperson's address is suppressed; and\n(iii) has not been marked to indicate a ballot paper has\n\nElectoral Act 2004 40\n(3) The officer must, immediately before issuing the ballot paper to the\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Casting vote","content":"72 Casting vote\nthe casting of a vote by an elector issued a ballot paper under\nsection 71.\n(2) After the issue of the ballot paper to the person, the person must,\nwithout delay:\n(a) go to an unoccupied voting compartment at the early voting\ncentre and there, in private:\n(i) mark the person's vote on the ballot paper; and\n(b) place the ballot paper in a ballot box at the centre or, if the\ncentre is not declared to be an early voting centre for the\nregion in which the person's enrolled division is situated, place\nit in an envelope bearing the name of the division and the\ncentre, seal the envelope and place it in a ballot box at the\ncentre; and\n(c) leave the centre.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Issue of declaration ballot paper","content":"73 Issue of declaration ballot paper\n(a) the person attends before an authorised officer at an early\nvoting centre during voting hours; and\n(b) the person states the person's full name and address; and\n(c) the officer is satisfied the officer's certified list of voters:\n(i) does not state the person's name and address; or\n\nElectoral Act 2004 41\n(ii) has been marked to indicate a ballot paper has already\nbeen issued to the person but the person declares the\nperson has not already voted at the election; and\n(d) the person answers the voter's question in the affirmative; and\n(e) the person completes and signs a declaration in the approved\n(f) the officer signs the declaration as witness.\n(2) The officer must issue a ballot paper (a declaration ballot paper)\nto the person.\n(a) immediately before issuing the ballot paper to the person,\ninitial the back of the ballot paper; and\n(b) immediately after issuing the ballot paper to the person, make\na record of its issue.\n(4) The declaration by a person to whom subsection (1)(c)(i) applies\nmust state the following:\n(a) the person:\n(i) has complied with Part VIII of the Commonwealth Act\nbefore the close of roll; or\n(ii) is eligible to enrol under Part VIII of the Commonwealth\nAct;\n(b) to the best of the person's knowledge no objection has been\nupheld in relation to the inclusion of the person's name on the\nroll;\n(c) the person is not qualified for enrolment in a division other\nthan the division for which the person claims to vote;\n(d) the person has not already voted at the election.\n(5) The declaration by a person to whom subsection (1)(c)(ii) applies\nmust state the person has not already voted at the election.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Casting declaration vote","content":"74 Casting declaration vote\nthe casting of a declaration vote by a person issued a declaration\nballot paper under section 73.\n\nElectoral Act 2004 42\n(2) After the issue of a declaration ballot paper to the person:\n(i) mark his or her vote on the ballot paper; and\nand\nunfolding the ballot paper, place it in the envelope on which\nthe declaration mentioned in section 73(1)(e) appears, seal\nthe envelope and place it in a ballot box at the voting centre;\nand\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Ballot boxes at early voting centres in Territory","content":"75 Ballot boxes at early voting centres in Territory\n(1) This section applies to ballot papers issued under Subdivisions 2\nand 3 at an early voting centre in the Territory.\n(2) As soon as practicable after 6 pm on the day before election day,\nan authorised officer must:\n(a) seal the ballot boxes containing the ballot papers; and\n(b) send the sealed boxes to the Commission or, if directed by the\nCommission, the officer in charge of a scrutiny centre for\nscrutiny under Part 7.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Ballot boxes at early voting centres outside Territory","content":"76 Ballot boxes at early voting centres outside Territory\n(1) This section applies to ballot papers issued under Subdivisions 2\nand 3 at an early voting centre outside the Territory.\n(2) As soon as practicable after 6 pm on the day before election day,\nan authorised officer must:\n(a) open the ballot boxes; and\n(b) remove the envelopes containing the ballot papers; and\n\nElectoral Act 2004 43\n(c) without opening the envelopes, sort them into ballot papers\nissued under Subdivisions 2 and 3; and\n(d) place them in separate parcels; and\n(e) seal the parcels; and\n(f) send them to the Commission.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Application of Division","content":"77 Application of Division\nThis Division provides for the casting of ordinary votes and\ndeclaration votes under Division 2 or 3 in the Territory by electors\nduring the mobile voting period for the election.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Mobile voting centres","content":"78 Mobile voting centres\n(1) The Commissioner may, in writing, appoint a stated place, whether\nor not an election day voting centre or an early voting centre, to be\na mobile voting centre where votes may be taken by an authorised\nofficer during the mobile voting period.\n(2) The appointment may specify:\n(a) classes of electors who may vote at the mobile voting centre;\nand\n(b) dates and hours during which votes may be cast at the place\nduring the mobile voting period.\n(3) In making the appointment, the Commissioner must have regard to\nthe following:\n(a) whether or not:\n(i) there is a distinct community of electors who may be\nserved by the mobile voting centre; or\n(ii) there are special circumstances applying to electors who\nmay be served by the mobile voting centre (for example,\nbecause of their special needs or other requirements);\n(b) the practicality for those electors to attend another voting\ncentre for the election;\n(c) the practicality of establishing the mobile voting centre for\nthose electors, having regard to their number and resources\nrequired for doing so.\n\nElectoral Act 2004 44\n(4) If the appointment specifies a class of electors, only a person in that\nclass may vote at the mobile voting centre.\n(5) The Commissioner must:\n(a) give public notice of the appointment; and\n(b) as far as practicable, notify the community or electors to be\nserved by the mobile voting centre in a way that is reasonable\nin the circumstances.\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Change of mobile voting centre, dates or hours for voting","content":"81 Change of mobile voting centre, dates or hours for voting\n(1) The Commissioner may take any of the following actions in respect\nof a mobile voting centre if the Commissioner is satisfied that there\nare special circumstances requiring such an action:\n(a) substitute another voting centre (a substituted centre) for the\nmobile voting centre;\n(b) change the dates or hours during which votes may be cast at\nthe mobile voting centre.\n(2) The Commissioner must give notice to the public of the substitution\nor change and the notice must be reasonable and practicable in the\ncircumstances.\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Obligations of authorised officer","content":"82 Obligations of authorised officer\nWhen visiting a mobile voting centre, an authorised officer must:\n(a) take a ballot box, ballot papers, certified lists of voters and\nanything else necessary to enable a person to vote; and\n(b) be accompanied by at least one other officer.\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"Application of Act for voting at mobile voting centre","content":"83 Application of Act for voting at mobile voting centre\nWhile an authorised officer is with a person in a room or other place\nfor taking the person's vote, as far as practicable this Act has effect\nas if the authorised officer were the officer in charge of the voting\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"Failure to visit mobile voting centre","content":"84 Failure to visit mobile voting centre\nThe result of an election is not invalidated merely because an\nauthorised officer did not visit:\n(a) a mobile voting centre; or\n\n","sortOrder":85},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Approved electronic and other automated systems for voting","content":"Division 6A Approved electronic and other automated systems for voting\nElectoral Act 2004 45\n(b) a mobile voting centre on the dates or during the hours:\n(i) specified in a declaration under section 78; or\n(ii) as substituted or changed under section 81.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Dealing with ballot boxes","content":"85 Dealing with ballot boxes\n(1) After an authorised officer has finished all visits to mobile voting\ncentres for which the officer is authorised, the officer must, in the\npresence of any scrutineers, close and seal the ballot boxes\ncontaining ballot papers.\n(2) The authorised officer must send the ballot boxes containing the\nballot papers to the Commission or, if directed by the Commission,\nthe officer in charge of a scrutiny centre for scrutiny under Part 7.\nDivision 6A Approved electronic and other automated systems\nfor voting\n","sortOrder":87},{"sectionNumber":"85A","sectionType":"section","heading":"Commissioner's power to approve electronic or other","content":"85A Commissioner's power to approve electronic or other\nautomated system\n(1) The Commissioner may, in writing, approve the use of a specified\nelectronic or other automated system (the approved system) for\nspecified purposes relating to one or more of the following for\nspecified elections:\n(a) issuing and returning of ballot papers (including, for example,\nthe confirmation and recording of the issuing of ballot papers);\n(ab) issuing and returning of postal voting papers;\n(b) counting and processing of votes;\n(c) voting by a specified group of electors;\n(d) assisting electors who have a physical or other disability,\nillness, advanced pregnancy or another condition.\n(2) The Commissioner must not give the approval unless the\nCommissioner is satisfied:\n(a) as far as practicable, the secrecy of the ballot will be\nmaintained by the approved system; and\n(b) the approval is warranted having regard to the practicality of\nthe approved system and resources required to establish and\nmaintain it; and\n\nElectoral Act 2004 46\n(c) the approval is consistent with the Commissioner's functions\nunder this Act; and\n(d) the approved system would be supported by secure facilities;\nand\n(e) if subsection (1)(c) applies – there are exceptional\ncircumstances relating to the specified group of electors.\n(3) The Commissioner must give public notice about the approved\nsystem.\n(4) If the approval specifies that a thing covered by subsection (1)(a)\nto (d) may be done in accordance with the approved system instead\nof a specified requirement under this Act, a thing done in\naccordance with the approval has effect as if that requirement had\nbeen met.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Arrangements at voting centres","content":"86 Arrangements at voting centres\n(1) At each voting centre (other than a mobile voting centre), voting\nmust be conducted as follows:\n(a) before any vote is taken the officer in charge must show each\nballot box empty and then securely seal it closed;\n(b) voting must open at 8 am and not close until all electors\npresent in the voting centre at 6 pm and desiring to vote have\nvoted;\n(c) the voting centre must be closed at 6 pm and no person is to\nbe admitted after that time for voting.\n(2) However, the officer in charge of an early voting centre need only\ncomply with subsection (1)(a).\n(3) Subsections (4) and (5) apply to the conduct of voting at mobile\nvoting centres.\n(4) At the first mobile voting centre visited by an authorised officer, the\nofficer must:\n(a) before any vote is taken, show the ballot box empty and then\nsecurely seal it closed; and\n(b) at the close of voting at that place, seal the cleft of the ballot\nbox.\n\nElectoral Act 2004 47\n(5) At mobile voting centres later visited by the officer:\n(a) the officer must:\n(i) before any vote is taken, open the cleft of the ballot box;\nand\n(ii) at the close of voting at that place, seal the cleft of the\nballot box; and\n(b) if it is necessary to use another ballot box – subsection (4) and\nparagraph (a) apply to the ballot box.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Assistance to certain voters","content":"87 Assistance to certain voters\n(1) A voter who is unable to vote may be assisted in voting if the voter\nwould otherwise be unable to vote.\n(2) An assistant must be a nominee of the voter or, if there is no\nnominee, an officer.\n(3) An assistant may enter a voting compartment to assist a voter to\nvote, but an officer must not do so except in the presence of:\n(a) a scrutineer; or\n(b) if no scrutineer is present – another officer.\n(4) Subject to subsection (3), an assistant may assist a voter in any of\nthe following ways:\n(a) by acting as an interpreter;\n(b) for a declaration vote – by completing, or assisting the voter to\ncomplete, the declaration;\n(ba) for a postal vote – by placing the ballot paper in the envelope\nbearing the postal vote certificate, sealing the envelope and\nsending the envelope to the Commission;\n(c) by explaining the ballot paper and the requirements of this Act\nrelating to its marking;\n(d) by marking, or assisting the voter to mark, the ballot paper at\nthe voter's direction;\n(e) by folding the ballot paper and placing it in a ballot box or\ndeclaration envelope, or giving it to an officer, as required by\n\nElectoral Act 2004 48\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Assistance to voters unable to enter voting centre","content":"88 Assistance to voters unable to enter voting centre\n(1) This section applies if the officer in charge of a voting centre is\nsatisfied a voter cannot enter the voting centre because of a\nphysical or other disability, illness, advanced pregnancy or another\ncondition.\n(2) The voter may vote outside the voting centre, but close to the voting\ncentre, and may be assisted in voting.\n(3) Before allowing the voter to vote outside the voting centre, the\nofficer in charge must:\n(a) tell any scrutineers at the voting centre that the voter is to vote\noutside the voting centre; and\n(b) allow, from the scrutineers present, one scrutineer for each\ncandidate to be present when the voter votes.\n(4) The voter must:\n(a) mark his or her vote on the ballot paper in the presence of the\nofficer in charge; and\n(b) fold the ballot paper to conceal the names of the candidates;\nand\n(c) give the ballot paper to the officer in charge.\n(5) The voter must be allowed to mark his or her vote on the ballot\npaper in private.\n(6) If the voter is casting an ordinary vote, the officer in charge must\nensure the folded ballot paper is placed in the ballot box at the\nvoting centre in the presence of any scrutineers who were present\nwhen the voter voted.\n(7) If the voter is casting a declaration vote, the officer in charge must:\n(a) in the presence of the voter, without unfolding the ballot paper,\nplace the ballot paper in the declaration envelope and seal the\nenvelope; and\n(b) place the envelope in a ballot box at the voting centre.\n(8) This section is subject to section 87.\n\nElectoral Act 2004 49\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Spoilt or discarded ballot paper","content":"89 Spoilt or discarded ballot paper\n(1) Subsection (2) applies if an authorised officer at a voting centre:\n(a) is satisfied a ballot paper given to the officer by a person has\nbeen spoilt by mistake or accident; or\n(b) finds a ballot paper discarded at the voting centre.\n(2) The officer must:\n(a) cancel the ballot paper by writing \"spoilt\" or \"discarded\" on it;\nand\n(b) place the ballot paper in an envelope, seal the envelope and\nendorse the envelope with a statement of its contents; and\n(c) for a spoilt ballot paper – issue to the person an unused ballot\npaper.\n(3) As soon as practicable after the close of voting, the officer must\nplace all envelopes mentioned in subsection (2)(b) with unused\nballot papers.\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Dealing with ballot boxes and electoral papers","content":"90 Dealing with ballot boxes and electoral papers\n(1) At the close of voting, the officer in charge of a voting centre must,\nin the presence of any scrutineers:\n(a) close and seal the ballot boxes containing ballot papers for\nordinary voting or declaration voting; and\n(b) parcel and seal all unused ballot papers and the envelopes\nmentioned in section 89(3); and\n(c) parcel and seal all other electoral papers used at the voting\n(2) The officer must send the things mentioned in subsection (1) to the\nCommission or, if directed by the Commission, to the officer in\ncharge of a scrutiny centre for scrutiny under Part 7.\n(3) However, subsections (1)(a) and (2) do not apply to ballot boxes if\nthe voting centre is a scrutiny centre and scrutiny under Part 7 is\nproceeded with immediately after the close of voting at the voting\n\nElectoral Act 2004 50\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Adjournment of voting","content":"91 Adjournment of voting\n(1) The officer in charge of a voting centre may adjourn voting at the\nplace on election day if because of riot, violence, fire, storm, flood\nor another similar event it is not practicable to proceed with voting.\n(2) If, under subsection (1), the officer in charge of a voting centre\nadjourns voting at the place, the officer must immediately notify the\n(3) The Commission must decide a day (that is as soon as practicable,\nbut no later than 21 days, after the adjournment) as the day when\nvoting is to resume if the Commission reasonably believes it is not\nreasonably practicable for an elector affected by the adjournment to\ncast a vote at another voting centre.\n(4) If it is impracticable to resume the voting at the same voting centre,\nthe Commission must decide the voting centre where voting may be\nresumed.\n(5) The Commission must, as soon as practicable, give the public\nnotice that is reasonable in the circumstances of the adjournment\nand any decision under subsection (3) or (4).\n(6) On the resumption of voting, only an elector who was entitled to\nvote on the day when voting for the election for the division was\nrequired to be held and who has not already voted is entitled to\nvote.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Employee wishing to vote","content":"92 Employee wishing to vote\n(1) On notice by an employee before an election day, the employee's\nemployer must allow the employee, without penalty or any\ndisproportionate deduction of pay, to take any necessary leave (not\nexceeding 2 hours) for the purpose of voting.\n(2) However, subsection (1) does not apply if the employee's absence\nmay cause danger or substantial loss.\n(3) An employee must not notify an employer under subsection (1)\nunless the employee genuinely intends to vote during the leave to\nbe granted for the purpose of voting.\n\nElectoral Act 2004 51\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"How scrutiny carried out","content":"93 How scrutiny carried out\n(1) The result of voting at an election must be determined by scrutiny in\naccordance with this Part.\n(2) Proceedings at the scrutiny must be open to the inspection of\nscrutineers and other persons approved by the officer in charge of a\nscrutiny centre.\n(3) The officer in charge of a scrutiny centre may from time to time\nadjourn the scrutiny at the centre.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Informal ballot paper","content":"94 Informal ballot paper\n(1) A ballot paper is informal unless it is:\n(a) printed by a person or body authorised under section 40(4) or\ncreated for this Act by an officer and initialled by an officer;\nand\n(b) marked in accordance with section 50.\n(1A) A ballot paper is also informal if an authorised officer is satisfied\nthat the voter can be identified because of a mark or other writing\non it.\n(2) For section 50(2), a voter is taken to have indicated the voter's\norder of preferences for all the candidates on a ballot paper in the\ncircumstances mentioned in subsection (3), (3A) or (3B).\n(3) If there are only 2 candidates and the voter placed a mark in one\ncandidate square and either placed a \"2\" in the remaining candidate\nsquare or left it blank:\n(b) the other candidate is the voter's last preference.\n\nElectoral Act 2004 52\n(3A) If there are 3 or more candidates and the voter placed a mark in\none candidate square and placed consecutively increasing whole\nnumbers (starting with a \"2\") in the remaining candidate squares\nuntil a number is placed in each of those candidate squares:\n(b) the number placed in each other candidate square indicates\nthe voter's order of preference for the remaining candidates.\n(3B) If there are 3 or more candidates and the voter placed a mark in\none candidate square, left one candidate square blank and placed\nconsecutively increasing whole numbers (starting with a \"2\") in the\nremaining candidate squares until a number is placed in each of\nthose candidate squares:\n(b) the candidate whose candidate square is left blank is the\nvoter's last preference; and\n(c) the number placed in each other candidate square indicates\nthe voter's order of preferences between the first and last\npreference.\n(4) A ballot paper is not informal merely because:\n(a) the name of the division appearing on the ballot paper is\nwrong or has been omitted from the ballot paper if the names\nof all candidates for the division are on the ballot paper; or\n(b) the surname only of a candidate is written on the ballot paper\nif no other candidate has the same surname; or\n(c) a mistake is made in the spelling of a candidate's name if an\nauthorised officer is satisfied there is no doubt about the\nidentity of the candidate; or\n(d) the name of a registered party is omitted from the ballot paper\nor is wrong or a mistake is made in the spelling of the name.\n(5) Subject to this section, a ballot paper must be given effect\naccording to the voter's intention so far as the voter's intention is\nclear.\n\nElectoral Act 2004 53\n(6) In this section:\nmark means a single \"1\", tick, cross or any other writing or mark\nthat indicates the voter's intention.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Certain ballot papers not counted","content":"95 Certain ballot papers not counted\nDespite another provision of this Part, a ballot paper must not be\ncounted and must be treated as a discarded ballot paper if it is\nreceived by the Commission other than in:\n(a) for a postal vote – the envelope bearing the postal vote\ncertificate; or\n(b) for a vote cast under section 57, 72 or 74 – the envelope in\nwhich the ballot paper is placed under that section.\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Certain postal ballot papers not counted","content":"96 Certain postal ballot papers not counted\n(1) Despite another provision of this Part, a postal ballot paper must\nnot be counted unless:\n(a) the vote marked on the ballot paper is marked before 6 pm on\nelection day; and\n(b) the ballot paper is either:\n(i) delivered to an authorised officer before the close of\nvoting on election day; or\n(ii) if not delivered to an authorised officer before the close\nof voting on election day, received by the Commission\nbefore 12 noon on the second Friday following election\nday.\n(2) In the absence of evidence to the contrary, the time and date\nappearing in the postal vote certificate on an envelope containing\nan elector's postal ballot paper is taken to be the time and date on\nwhich the elector's vote was marked on the ballot paper.\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Dealing with certain votes for absent voters","content":"97 Dealing with certain votes for absent voters\n(1) This section applies if the officer in charge of a scrutiny centre finds\nan unenclosed absent ballot paper in a ballot box at a voting centre.\n(2) The officer must not reject the ballot paper from scrutiny merely\nbecause it is unenclosed.\n\nElectoral Act 2004 54\n(a) place the ballot paper in an envelope bearing the name of the\ndivision and the name of the voting centre; and\n(b) send it to the Commission or the authorised officer directed by\nabsent ballot paper means a ballot paper issued under Part 6,\nDivision 3, Subdivision 1 or Part 6, Division 5, Subdivision 2.\nunenclosed, for an absent ballot paper, means the ballot paper is\nnot contained in an envelope bearing the name of the division\nstated on the ballot paper.\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Initial dealing with ballot papers","content":"98 Initial dealing with ballot papers\n(1) As soon as practicable after the close of voting for an election, the\nofficer in charge of a scrutiny centre must:\n(a) open the ballot boxes under the officer's control; and\n(e) make and sign a statement stating the number of:\nand\n(f) place all formal ballot papers mentioned in paragraph (c) in\n(g) seal the parcels mentioned in paragraphs (b) and (f) and\n\nElectoral Act 2004 55\n(h) send all the parcels and the statement to the Commission or\nthe authorised officer directed by the Commission.\n(2) A candidate's scrutineer may sign any of the following:\n(a) the statement mentioned in subsection (1)(e);\n(b) a sealed parcel mentioned in subsection (1)(g).\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Check count of ordinary votes","content":"99 Check count of ordinary votes\n(1) This section applies to the parcels of ballot papers sent to the\nCommission or an authorised officer under section 98(1)(h).\nin section 98(1)(e).\n\nSubdivision 2 Votes cast by certain persons absent from division\nElectoral Act 2004 56\nDivision 4 Certain votes cast on election day and declaration\nvotes cast by unenrolled voters at early voting\n100 Application of Division\nThis Division applies to voting papers issued under:\n(a) Part 6, Division 3; or\n(b) Part 6, Division 5, Subdivision 3.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Initial dealing with certain voting papers","content":"101 Initial dealing with certain voting papers\n(1) This section applies to voting papers issued under Part 6, Division\n3.\n(2) As soon as practicable after the close of voting for the election, the\nofficer in charge of a scrutiny centre must:\n(a) sort the voting papers from the ballot boxes at the centre into\neach division; and\n(b) place the voting papers in a parcel, seal the parcel and\nendorse on it a statement of its contents; and\n(c) send the parcel to the Commission or the authorised officer\ndirected by the Commission.\nSubdivision 2 Votes cast by certain persons absent from division\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Application of Subdivision","content":"102 Application of Subdivision\nThis Subdivision applies to voting papers:\n(a) issued under Part 6, Division 3, Subdivision 1; and\nsection 97(3)(b) or 101(2)(c).\n\nElectoral Act 2004 57\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Examination of ballot papers","content":"103 Examination of ballot papers\ncontaining ballot papers; and\n(2) The officer must seal the parcel mentioned in subsection (1)(c) and\nendorse on it a statement of its contents.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Application of Subdivision","content":"104 Application of Subdivision\nThis Subdivision applies to declaration voting papers:\n(a) issued under:\n(i) Part 6, Division 3, Subdivision 2 to persons to whom\nsection 56(1)(b)(i) applies; or\n(ii) Part 6, Division 5, Subdivision 3; and\nsection 76(2)(f), 101(2)(c) or 116(e).\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Examination of declaration ballot papers","content":"105 Examination of declaration ballot papers\ncontaining declaration ballot papers; and\n(b) examine each envelope.\n(2) Subsection (3) applies if the officer is satisfied:\n(a) the declaration on the envelope is properly signed and\nwitnessed; and\n(b) the person who made the declaration is entitled to vote.\n\n","sortOrder":107},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Declaration votes cast by voters marked on roll as already voted","content":"Subdivision 4 Declaration votes cast by voters marked on roll as already voted\nElectoral Act 2004 58\n(2A) For subsection (2)(b), the officer may have regard to a roll or extract\nas in force at an earlier time and any other matters the officer\nconsiders appropriate.\n(a) if the person's name:\n(i) is on the officer's certified list of voters for the division –\nplace a mark against the person's name on the list; or\n(ii) is not on the officer's certified list of voters for the\ndivision but the person is entitled to be enrolled for that\ndivision under Part VIII of the Commonwealth Act –\nmake a record of that entitlement; and\nsubsection (2), the officer must:\n(a) exclude the ballot paper from further scrutiny without opening\nthe envelope in which it is contained; and\n(b) place the unopened envelopes in a parcel.\n(5) The officer must seal the parcels mentioned in subsections (3)(c)\nand (4)(b) and endorse on each parcel a statement of its contents.\n(6) A candidate's scrutineer may sign a sealed parcel.\nSubdivision 4 Declaration votes cast by voters marked on roll as\nalready voted\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Application of Subdivision","content":"106 Application of Subdivision\nThis Subdivision applies to voting papers:\n(a) issued under Part 6, Division 3, Subdivision 2 to persons to\nwhom section 56(1)(b)(ii) or (2) applies; and\nsection 101(2)(c).\n\nElectoral Act 2004 59\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Examination of declaration ballot papers","content":"107 Examination of declaration ballot papers\ncontaining declaration ballot papers; and\n(b) examine each envelope.\n(2) Subsection (3) applies if the officer:\n(a) is satisfied the declaration on the envelope is properly signed\nand witnessed; and\n(b) accepts the declaration.\n(a) take the ballot paper out of the envelope; and\n(b) place the envelope in a parcel with all other envelopes from\nwhich ballot papers have been taken under paragraph (a).\nsubsection (2), the officer must:\n(a) exclude the ballot paper from further scrutiny without opening\nthe envelope in which it is contained; and\n(b) place the unopened envelopes in a parcel.\n(5) The officer must seal the parcels mentioned in subsections (3)(b)\nand (4)(b) and endorse on each parcel a statement of its contents.\n(6) A candidate's scrutineer may sign a sealed parcel.\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Initial count of votes","content":"108 Initial count of votes\n(1) This section applies to the ballot papers mentioned in\nsections 103(1)(b), 105(3)(b) and 107(3)(a).\n\nElectoral Act 2004 60\n(d) place all formal ballot papers mentioned in paragraph (b) in\n(e) seal the parcels mentioned in paragraphs (a) and (d) and\n(f) make and sign a statement stating the number of:\nand\n(ii) informal votes.\n(a) a sealed parcel mentioned in subsection (2)(e);\n(b) the statement mentioned in subsection (2)(f).\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Check count of votes","content":"109 Check count of votes\n(1) This section applies to the parcels of ballot papers mentioned\nsection 108(2)(e).\n\n","sortOrder":112},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Dealing with postal voting papers before the end of election day","content":"Subdivision 1 Dealing with postal voting papers before the end of election day\nElectoral Act 2004 61\nin section 108(2)(f).\nSubdivision 1 Dealing with postal voting papers before the end of\nelection day\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Receipt of postal voting papers","content":"110 Receipt of postal voting papers\nOn receipt of postal voting papers for a division, the Commission\nmust:\n(a) note on the envelope bearing the elector's postal vote\ncertificate and containing the declaration ballot paper for the\ndivision, the day and time of receipt; and\n(b) give the ballot papers to an authorised officer for the division.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Checking postal voting papers","content":"111 Checking postal voting papers\n(1) An authorised officer for the division must compare the signature of\nthe elector on the elector's postal vote certificate with the signature\nof the elector on the elector's application:\n(a) under the Commonwealth Act for registration as a general\npostal voter; or\n(b) under section 60 for postal voting papers.\n(2) Subsection (3) applies if the officer is satisfied:\n(a) the elector's postal vote certificate is signed and the elector's\nsignature on the certificate is that of the elector who signed\nthe application; and\n(c) the vote marked on the declaration ballot paper contained in\nthe envelope purports to have been cast before 6 pm on\nelection day.\n\nElectoral Act 2004 62\n(3) The officer must place the envelope unopened in a locked or sealed\nballot box marked \"Postal Ballot Box\".\nsubsection (2), the officer must mark the unopened envelope with\nthe word \"rejected\" before placing it in the Postal Ballot Box.\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Initial dealing with postal voting papers after close of voting","content":"112 Initial dealing with postal voting papers after close of voting\n(1) At the times the officer in charge of a scrutiny centre considers\npracticable after the close of voting for an election, the officer must:\n(a) open the Postal Ballot Box and remove the unopened\nenvelopes containing declaration ballot papers received not\nlater than 12 noon on the second Friday following election\nday; and\n(b) allow candidates' scrutineers to inspect each envelope\nbearing an elector's postal vote certificate marked \"rejected\"\nand then:\n(i) exclude the declaration ballot papers contained in those\nenvelopes from further scrutiny; and\n(ii) place the envelopes, unopened, in a parcel; and\n(c) take the declaration ballot paper from the envelope admitted\nto scrutiny without inspecting or unfolding it or allowing any\nother person to do so; and\n(d) place the envelope in a parcel with all other envelopes from\nwhich ballot papers have been taken under paragraph (c); and\n(e) seal the parcels mentioned in paragraphs (b)(ii) and (d) and\n(2) A candidate's scrutineer may sign a sealed parcel.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Initial count of postal votes","content":"113 Initial count of postal votes\n(1) This section applies to the declaration ballot papers mentioned in\nsection 112(1)(c).\n\nElectoral Act 2004 63\nand\n(a) the statement mentioned in subsection (2)(d);\n(b) a sealed parcel mentioned in subsection (2)(f).\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Check count of postal votes","content":"114 Check count of postal votes\n(1) This section applies to the parcels of declaration ballot papers\nmentioned section 113(2)(f).\n\nElectoral Act 2004 64\nin section 113(2)(d).\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Application of Division","content":"115 Application of Division\nThis Division applies to voting papers issued under Part 6,\nDivision 5.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Initial dealing with ballot boxes","content":"116 Initial dealing with ballot boxes\n(1) As soon as practicable after the close of voting for the election, an\nauthorised officer must:\n(a) open the ballot boxes sent to the Commission or officer in\ncharge of a scrutiny centre under section 75(2)(b) and remove\nthe contents; and\n(b) sort the contents into:\n(i) ballot papers completed by electors for each division in\nthe region in which the early voting centre is situated;\nand\n(ii) envelopes containing ballot papers by electors for each\ndivision in other regions; and\n(iii) envelopes containing declaration ballot papers\ncompleted by unenrolled persons; and\n(c) place the envelopes mentioned in paragraphs (b)(ii) and (iii) in\nseparate parcels; and\n(d) seal the parcels and endorse on them a statement of their\ncontents; and\n(e) if the scrutiny centre is not at the Commission's office – send\nthe sealed parcels to the Commission.\n\nSubdivision 2 Votes cast for enrolled divisions at early voting centres\nElectoral Act 2004 65\n(2) A candidate's scrutineer may sign a sealed parcel.\nSubdivision 2 Votes cast for enrolled divisions at early voting\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Application of Subdivision","content":"117 Application of Subdivision\nThis Subdivision applies to the ballot papers mentioned in\nsection 116(1)(b)(i).\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Initial count of votes","content":"118 Initial count of votes\n(1) An authorised officer for the division must:\nand\n(g) send all the parcels and statements to the Commission or the\nauthorised officer directed by the Commission.\n(2) A candidate's scrutineer may sign any of the following:\n(a) the statement mentioned in subsection (1)(d);\n(b) a sealed parcel mentioned in subsection (1)(f).\n\nSubdivision 3 Votes cast for divisions in other regions at early voting centres\nElectoral Act 2004 66\nSubdivision 3 Votes cast for divisions in other regions at early\n119 Application of Subdivision\nThis Subdivision applies to:\n(a) the parcels of envelopes containing ballot papers issued under\nPart 6, Division 5, Subdivision 2 and sent to the Commission\nor an authorised officer under section 76(2)(f); and\n(b) the parcels of envelopes mentioned in section 116(1)(b)(ii).\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Examination of ballot papers","content":"120 Examination of ballot papers\ncontaining ballot papers; and\n(2) The officer must seal the parcel mentioned in subsection (1)(c) and\nendorse on it a statement of its contents.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Initial count of votes","content":"121 Initial count of votes\n(1) This section applies to the ballot papers mentioned in\nsection 120(1)(b).\nand\n\nSubdivision 4 Check count of certain votes cast at early voting centres\nElectoral Act 2004 67\n(a) the statement mentioned in subsection (2)(d);\n(b) a sealed parcel mentioned in subsection (2)(f).\nSubdivision 4 Check count of certain votes cast at early voting\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Check count of votes","content":"122 Check count of votes\n(1) This section applies to the parcels of ballot papers for which an\ninitial count has been conducted under section 118 or 121.\nin section 118(1)(d) or 121(2)(d).\n\nElectoral Act 2004 68\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Interim distribution of preference votes","content":"123 Interim distribution of preference votes\n(1) This section applies if, after 6 pm on election day, the Commission\nconsiders it is appropriate to gain an indication of the candidate\nmost likely to be elected for a division.\n(2) The Commission may arrange for officers to conduct, in the way\ndecided by the Commission, an interim distribution of preference\nvotes in the division.\n(3) The interim distribution is of no effect for declaring the result of the\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"Part counting of votes","content":"124 Part counting of votes\n(1) It is not necessary for an authorised officer to receive all envelopes\ncontaining ballot papers before proceeding to deal with the ballot\npapers under this Part.\n(2) However, sufficient unopened envelopes containing postal votes\nmust be kept in the Postal Ballot Box to ensure the ballot papers\nwhen taken from the envelopes for counting are sufficient in\nnumber to ensure the secrecy of the ballot is maintained.\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Objections by candidate's scrutineer","content":"125 Objections by candidate's scrutineer\n(1) A candidate's scrutineer may object to the admission or rejection of\na ballot paper as a formal ballot paper.\n(2) The objection must be made to the officer conducting the scrutiny.\n(3) The officer must decide the objection by admitting or rejecting the\nballot paper the subject of the objection as a formal ballot paper\nand must mark the ballot paper \"admitted\" or \"rejected\" according to\nthe decision.\n(4) This section does not prevent the officer from rejecting a ballot\npaper as being informal even though no objection is made to it.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Determination of first preference votes","content":"126 Determination of first preference votes\nAn authorised officer for a division must, from the statements or\namended statements mentioned in sections 99, 109, 114 and 122\nand the result of the scrutiny of votes counted by officers, determine\nthe number of first preference votes cast for each candidate for the\n\nElectoral Act 2004 69\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Declaration of election","content":"127 Declaration of election\nThe candidate who receives more than 50% of the first preference\nvotes determined under section 126 must be declared by the\nCommission to be returned as elected for the division.\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"Further scrutiny to be conducted","content":"128 Further scrutiny to be conducted\n(1) If a declaration cannot be made under section 127, an authorised\nofficer for the division must:\n(a) open all parcels containing formal ballot papers for the\ndivision; and\n(b) subject to subsection (2), continue the scrutiny in accordance\nwith this Part.\n(2) The officer must:\n(a) conduct a second count and for that purpose exclude from\nconsideration the candidate for whom the fewest number of\nfirst preference votes has been cast and count the votes cast\nin favour of that candidate to the candidate next in order of the\nvoter's preference, if any; and\n(b) if no candidate then has more than 50% of the formal votes\nthen remaining in the count – follow the process of excluding\nfrom consideration the candidate who has the fewest number\nof votes and counting the votes cast in favour of that\ncandidate to the unexcluded candidate next in the order of the\nvoter's preference, if any until one candidate has received\nmore than 50% of the formal votes then remaining in the\ncount.\n(3) However, if there are 2 or more candidates with the fewest number\nof votes and one of them is to be excluded from the count, the\nofficer must decide by lot the candidate to be excluded.\n(4) In addition, if there are 2 candidates remaining in the count having\nthe same number of formal votes cast in their favour, the\n(a) under section 130, direct an authorised officer for the division\nto recount all ballot papers; and\n(b) if, after the recount, the candidates have an equal number of\nformal votes cast in their favour – decide by lot the successful\n\nElectoral Act 2004 70\n(5) After complying with subsections (1), (2), (3) and (4), the officer\nmust:\n(a) make and sign a statement stating the results of the scrutiny\nto that point; and\n(b) give the statement to the Commission; and\n(c) keep a copy of the statement.\n(6) The candidate decided under subsection (2) or (4) must be\ndeclared by the Commission to be returned as elected.\n(7) The officer must, on completing the scrutiny:\n(a) place all formal votes in separate parcels; and\n(b) seal the parcels and endorse on each parcel a statement of its\ncontents; and\n(c) allow any candidate's scrutineers present, if they desire, to\nsign each parcel.\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Early declaration of elected candidate","content":"129 Early declaration of elected candidate\n(1) The Commission may declare a candidate to be elected for a\ndivision if satisfied any uncounted ballot papers cannot, because of\nthe number of them, affect the outcome of the scrutiny.\n(2) For subsection (1), uncounted ballot papers are:\n(a) ballot papers that have not been received by an authorised\nofficer for the division; or\n(b) ballot papers for the division that have not been subject to\nscrutiny under this Part.\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Recount","content":"130 Recount\n(1) The Commission may, at any time before a candidate is declared to\nbe elected, direct an authorised officer for a division to recount any\nballot papers placed in a parcel under this Part.\n(2) The Commission may give the direction:\n(a) on receipt of a written request by a candidate stating the\nreasons for it; or\n(b) on the Commission's own initiative.\n\nElectoral Act 2004 71\n(3) This Part applies to the recount and any decision made earlier in\nthe scrutiny relating to the admission or rejection of a ballot paper\nas a formal ballot paper may be reversed.\n(4) The officer must, if required by a candidate's scrutineer, refer any\nquestion relating to the formal or informal nature of a ballot paper to\n(5) The Commission must decide the question.\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Declaration of result of election","content":"131 Declaration of result of election\n(1) As soon as practicable after the results of an election have been\ndetermined, the Commission must publicly declare the results of the\nelection and the name of the candidate returned as elected.\n(2) However, if the successful candidate for election for a division dies\nafter election day but before the declaration, the Commission must\nnot declare the candidate returned as elected for the division.\n(3) Subsection (2) applies despite sections 127 and 128(6).\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Preference distribution for information purposes","content":"132 Preference distribution for information purposes\nAfter a candidate is declared as elected for a division, the\nCommission may require an authorised officer to examine the\nsecond and later preferences of candidates, and the distribution of\nthe preferences, for information and research purposes.\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Return of writ","content":"133 Return of writ\nThe Commission must, after declaring a candidate returned as\nelected:\n(a) endorse on the writ for the election the name of the candidate;\nand\n(b) return the writ to the Administrator; and\n(c) keep a copy of the writ.\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Extension of time","content":"134 Extension of time\n(1) If the Administrator is satisfied there is a difficulty relating to an\nelection, the Administrator may, by Gazette notice, within 15 days\nbefore or after election day:\n(a) extend the time for holding the election; or\n\nElectoral Act 2004 72\n(b) extend the time for the return of the writ.\n(2) The Commission must give public notice of the extension of time in\nthe division to which the extension relates.\n(3) This section applies despite anything to the contrary in section 23\nor 26A but otherwise is subject to section 17(2) of the Self\nGovernment Act.\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Failure of election","content":"135 Failure of election\nAn election fails if:\n(a) no candidate is declared under section 37; or\n(b) a candidate dies on or before election day; or\n(c) no candidate is returned as elected.\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Issue of writ for failed election","content":"136 Issue of writ for failed election\n(1) If an election fails, the Administrator must, as soon as practicable,\nissue a new writ for an election.\n(2) The roll prepared for the failed election must be used for the\nelection under the new writ.\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"How notices are to be published","content":"137 How notices are to be published\nA notice required under this Part to be published in accordance with\nthis section must be published in:\n(a) the Gazette; and\n(b) a newspaper circulating generally in the Territory; and\n(c) any regional newspaper, circulating in a part of the Territory,\nthat the Redistribution Committee considers appropriate.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"When redistribution to be conducted","content":"138 When redistribution to be conducted\n(1) A redistribution must be conducted in accordance with this Part:\n(a) after each general election; and\n(b) after each extraordinary general election.\n\nElectoral Act 2004 73\n(2) For subsection (1)(a), the redistribution process must:\n(a) start as soon as practicable after 2 years and 6 months after\nelection day for the general election; and\n(b) be completed as soon as practicable.\n(2A) For subsection (1)(b), the redistribution must:\n(a) start as soon as practicable after 1 year and 6 months after\nelection day for the extraordinary general election; and\n(b) be completed as soon as practicable.\n(3) In addition, the Administrator may at any time after the period\nmentioned in subsection (2)(a), by Gazette notice, direct a\nredistribution be conducted in accordance with this Part if the\nnumber of electors in a division exceeds, or falls short of, the quota\nmentioned in section 13(4) of the Self-Government Act by more\nthan one-fifth of the quota.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Object of redistribution","content":"139 Object of redistribution\nThe object of a redistribution is to ensure that, at the time of the\nnext general election, the number of electors in each proposed\ndivision is as near to equal as practicable.\n","sortOrder":142},{"sectionNumber":"139A","sectionType":"section","heading":"Principles of redistribution","content":"139A Principles of redistribution\nTo satisfy the object of redistribution, the Redistribution Committee\nmust have regard to the following principles:\n(a) the physical area of a division containing rural and remote\nareas should be as small as practicable;\n(b) the demographic characteristics of a division should be as\nuniform as practicable;\n(c) the geographic features of a division should be as uniform as\npracticable;\n(d) each identifiable community should be included in only one\ndivision if practicable;\n(e) subject to paragraphs (a) to (d), changes to existing divisions\nshould minimise the number of electors being transferred from\none division to another.\n\nElectoral Act 2004 74\n","sortOrder":143},{"sectionNumber":"139B","sectionType":"section","heading":"Naming of division during redistribution","content":"139B Naming of division during redistribution\n(1) The name of a division must not be changed by a redistribution\nunless the existing name is no longer appropriate.\n(2) If a new name is proposed for a division, the use of locality names\nshould be avoided.\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Matters to be considered in redistribution","content":"140 Matters to be considered in redistribution\n(1) For achieving the object of a redistribution, the Redistribution\nCommittee must ensure each proposed division contains a number\nof electors not exceeding, or falling short of, the quota mentioned in\nsection 13(4) of the Self-Government Act by more than one-fifth of\nthe quota.\n(2) In addition, the Redistribution Committee must give proper\nconsideration to the following matters:\n(a) community of interests in each proposed division, including\neconomic, social and regional interests;\n(b) types of communication and travel in each proposed division,\nwith special reference to disabilities arising out of remoteness\nor distance;\n(c) the trend of population changes in the Territory;\n(d) the density of population in each proposed division;\n(e) the area of each proposed division;\n(f) the physical features of each proposed division;\n(g) the existing boundaries of the following:\n(i) divisions;\n(ii) local government areas and wards under the Local\nGovernment Act 2019 and suburbs and towns;\n(iii) Divisions and Subdivisions under the Commonwealth\nAct;\n(iv) areas of Aboriginal Land Councils established by or\nunder the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth);\n(h) all suggestions and comments given under sections 141\nand 142.\n\nElectoral Act 2004 75\n","sortOrder":145},{"sectionNumber":"140A","sectionType":"section","heading":"Definitions","content":"140A Definitions\nredistribution process means any action taken under\nsections 141 to 146.\n","sortOrder":146},{"sectionNumber":"140B","sectionType":"section","heading":"Calculation of quota","content":"140B Calculation of quota\n(1) The Redistribution Committee is responsible for calculating the\nquota under section 13(4) of the Self-Government Act 1978.\n(2) The calculation must be done as soon as practicable:\n(a) after the establishment of the Redistribution Committee; and\n(b) after the expiry of the 30-day period mentioned in\nsection 145(b).\n(3) The Redistribution Committee may calculate the quota at any other\ntime during the redistribution process if the Committee is of the\nopinion that calculating the quota would:\n(a) improve the accuracy of the redistribution; and\n(b) achieve the object in section 139.\n","sortOrder":147},{"sectionNumber":"141","sectionType":"section","heading":"Inviting suggestions","content":"141 Inviting suggestions\n(1) The Redistribution Committee must, by notice published in\naccordance with section 137, invite suggestions relating to the\nredistribution.\n(2) The notice must state suggestions are to be given to the Committee\nin writing within 30 days after the notice is published in the Gazette.\n","sortOrder":148},{"sectionNumber":"142","sectionType":"section","heading":"Inviting comments on suggestions","content":"142 Inviting comments on suggestions\nAs soon as practicable after the 30 days mentioned in\nsection 141(2), the Redistribution Committee must:\n(a) make available for public inspection, without fee, copies of all\nsuggestions given to it within the 30 days; and\n(b) publish a notice in accordance with section 137:\n(i) advising of the availability for inspection of the copies of\nthe suggestions; and\n\nElectoral Act 2004 76\n(ii) inviting comment in writing on the suggestions to be\ngiven to it within 14 days after the notice is published in\nthe Gazette.\n","sortOrder":149},{"sectionNumber":"143","sectionType":"section","heading":"Preparing first proposed redistribution","content":"143 Preparing first proposed redistribution\n(1) As soon as practicable after the 14 days mentioned in\nsection 142(b)(ii), the Redistribution Committee must prepare a first\nproposed redistribution of the Territory into divisions.\n(2) The first proposed redistribution must include proposed names for\nthe proposed divisions.\n","sortOrder":150},{"sectionNumber":"144","sectionType":"section","heading":"Maps showing first proposed redistribution","content":"144 Maps showing first proposed redistribution\nAs soon as practicable after the Redistribution Committee has\nprepared the first proposed redistribution, it must make available for\npublic inspection, without fee, a map or number of maps together\nshowing the names and boundaries of all proposed divisions.\n","sortOrder":151},{"sectionNumber":"145","sectionType":"section","heading":"Inviting objections against first proposed redistribution","content":"145 Inviting objections against first proposed redistribution\nThe Redistribution Committee must publish a notice in accordance\nwith section 137:\n(a) advising of the availability for inspection of the map or maps\nmentioned in section 144; and\n(b) stating that any objection on the first proposed redistribution\nmust be made in writing to the Redistribution Committee within\n30 days after the notice is published in the Gazette.\n","sortOrder":152},{"sectionNumber":"145A","sectionType":"section","heading":"Preparing second proposed redistribution","content":"145A Preparing second proposed redistribution\n(1) The Redistribution Committee must give proper consideration to all\nobjections made under section 145(b).\n(2) As soon as practicable after the 30 days mentioned in\nsection 145(b), the Redistribution Committee must prepare the\nsecond proposed redistribution of the Territory into divisions.\n(3) The second proposed redistribution must include proposed names\nfor the proposed divisions.\n","sortOrder":153},{"sectionNumber":"145B","sectionType":"section","heading":"Inviting objections to second proposed redistribution","content":"145B Inviting objections to second proposed redistribution\n(1) If a second proposed redistribution would result in the sum of the\nfollowing being greater than 15% of the total number of electors in a\ndivision at the time the quota is calculated under\nsection 140B(2)(b), the Redistribution Committee must invite\n\nElectoral Act 2004 77\nobjections to the second proposed redistribution:\n(a) the number of electors added to the division by the second\nproposed redistribution as compared to the first proposed\nredistribution; and\n(b) the number of electors removed from the division by the\nsecond proposed redistribution as compared to the first\nproposed redistribution.\n(2) Despite subsection (1), the Redistribution Committee is not required\nto invite objections to the second proposed redistribution if the\nRedistribution Committee is of the opinion that:\n(a) holding a second objection period would cause major\ninconvenience or have other serious consequences, such as\ncausing a delay to a scheduled general election; or\n(b) the second proposed redistribution is the only feasible option\nbecause there has been a natural disaster or another event\ncausing extraordinary demographic movement.\nNote for subsection (2)(a)\nA delay to the finalisation of the redistribution process is not of itself a major\ninconvenience or serious consequence.\n(3) If, in the opinion of the Redistribution Committee, a second\nproposed redistribution involves a significant change in a matter to\nwhich the Redistribution Committee must give consideration under\nsection 140(2)(a), (c), (e), (f) or (g), the Redistribution Committee\nmay invite objections to the second proposed redistribution.\n(4) If the Redistribution Committee invites objections to a second\nproposed redistribution under subsection (1) or (3), the\nRedistribution Committee must:\n(a) make available, for public inspection, without fee, a map or\nnumber of maps together showing the names and boundaries\nof all proposed divisions; and\n(b) publish a notice in accordance with section 137:\n(i) advising of the availability for inspection of the map or\nmaps mentioned in paragraph (a); and\n(ii) stating that any objection on the second proposed\nredistribution must be made in writing to the\nRedistribution Committee within 14 days after the notice\nis published in the Gazette.\n\nElectoral Act 2004 78\n","sortOrder":154},{"sectionNumber":"146","sectionType":"section","heading":"Considering objections","content":"146 Considering objections\nIn deciding the redistribution, the Redistribution Committee must\ngive proper consideration to any objections made under\nsection 145B(4)(b)(ii).\n","sortOrder":155},{"sectionNumber":"147","sectionType":"section","heading":"Deciding redistribution","content":"147 Deciding redistribution\n(1) The Redistribution Committee must, by Gazette notice (a\nredistribution declaration notice), redistribute the Territory into\ndivisions.\n(1A) A redistribution declaration notice must be published:\n(a) if the Redistribution Committee invites objections under\nsection 145B – as soon as practicable after the expiry of the\n14 days mentioned in section 145B(4)(b)(ii); or\n(b) if the Redistribution Committee does not invite objections\nunder section 145B – as soon as practicable after the expiry of\nthe 30 days mentioned in section 145(b).\n(2) The notice must declare:\n(a) the Territory is redistributed into divisions; and\n(b) the names and boundaries of the divisions.\n(3) This section has effect subject to sections 139 and 140.\n","sortOrder":156},{"sectionNumber":"148","sectionType":"section","heading":"Report about redistribution","content":"148 Report about redistribution\n(1) As soon as practicable after publication of the redistribution\ndeclaration notice, the Redistribution Committee must prepare a\nreport about the redistribution (a redistribution report).\n(2) The report must:\n(a) include details of all suggestions, comments and objections\ngiven or made under this Part; and\n(b) contain a map or number of maps together showing the\nnames and boundaries of all divisions;\n(c) state the reasons for redistributing the Territory into the\ndivisions set out in the redistribution declaration notice; and\n(d) state the reasons that the Redistribution Committee did or did\nnot invite objections on the second proposed redistribution\nunder section 145B.\n\nElectoral Act 2004 79\n(3) The Redistribution Committee must provide the redistribution report\nto the Commissioner as soon as practicable after the publication of\nthe redistribution declaration notice.\n(4) The Commissioner must, as soon as practicable after the receipt of\nthe redistribution report:\n(a) make the report available for public inspection without fee; and\n(b) give the Speaker a copy of the report.\n(5) The Speaker must table a copy of the report in the Legislative\nAssembly within 3 sitting days after the Speaker receives the\nreport.\n(6) For this section, available for public inspection includes by\nelectronic publication.\n","sortOrder":157},{"sectionNumber":"150","sectionType":"section","heading":"When redistribution takes effect","content":"150 When redistribution takes effect\n(1) The redistribution in accordance with the redistribution declaration\nnotice takes effect for the next general election after publication of\nthe notice.\n(2) However, subsection (1) does not prevent the preparation of the roll\nfor a division in the notice before the next general election.\n","sortOrder":158},{"sectionNumber":"150A","sectionType":"section","heading":"Extraordinary general election during redistribution process","content":"150A Extraordinary general election during redistribution process\nIf a writ for an extraordinary general election is issued under\nsection 24 or 25 while the redistribution process is underway, the\nredistribution process ceases and the Redistribution Committee is\ndissolved as soon as the writ is issued.\n","sortOrder":159},{"sectionNumber":"151","sectionType":"section","heading":"Decisions are final","content":"151 Decisions are final\n(1) Despite any other Act, a decision of the Redistribution Committee\nmade, or purporting to be made, under this Part:\n(a) is final and conclusive; and\n(b) cannot be challenged, appealed against, reviewed, quashed,\nset aside or called into question in any court or tribunal on any\nground; and\n(c) is not subject to any proceeding for an injunction, declaration\nor order for prohibition or mandamus.\n\nElectoral Act 2004 80\ndecision includes a failure to make a decision.\n","sortOrder":160},{"sectionNumber":"Div 1","sectionType":"division","heading":"Application process for registration and related","content":"Division 1 Application process for registration and related\n","sortOrder":161},{"sectionNumber":"152","sectionType":"section","heading":"Application","content":"152 Application\n(1) An eligible political party may apply for registration under this Part.\n(2) The application must:\n(a) be made to the Commission in the approved form; and\n(b) be signed by the secretary of the party; and\n(c) state the party's name; and\n(d) state the name and address, and contain a specimen\nsignature, of the person nominated to be the registered officer\nof the party; and\n(e) be accompanied by:\n(i) a statutory declaration by the secretary stating the\nperson nominated to be the registered officer of the party\nis qualified to be an elector; and\n(ii) a copy of the party's constitution; and\n(iii) the application fee of $500.\n(3) If the application is made by a political party that is registered under\nthe Commonwealth Act, the application must also be accompanied\nby a statutory declaration by the secretary stating details of the\nparty's registration under that Act.\n(4) If the application is made by another political party, the application\nmust also be accompanied by:\n(a) a statutory declaration by the secretary stating at least\n200 members of the political party are:\n(i) electors; and\n(ii) members under the party's constitution; and\n\nElectoral Act 2004 81\n(iii) not members of another registered party or of a political\nparty applying for registration; and\n(b) a list, in a form decided by the Commission, of the names and\npostal addresses of at least 200 members of the political party\nwho meet the requirements in paragraph (a).\n(5) The Commission may use information obtained under\nsubsection (4)(b) only to verify the party has at least 200 members\nwho are electors.\n","sortOrder":162},{"sectionNumber":"153","sectionType":"section","heading":"Further information about application","content":"153 Further information about application\n(1) For this Part, the Commission may, by written notice, require the\napplicant to give the Commission, within a reasonable stated\nperiod, stated information or a stated document relating to the\napplication.\n(2) If the applicant does not comply with the notice, the Commission\nmay refuse the application.\n","sortOrder":163},{"sectionNumber":"154","sectionType":"section","heading":"Notification and publication of application","content":"154 Notification and publication of application\n(1) The Commission must give public notice of the application.\n(2) However, if the application is made by a political party to which\nsection 152(4) applies, the Commission must not give public notice\nof the application until the Commission has obtained statements\nfrom at least 200 members who are electors stating they are\nmembers of the political party.\n(3) The notice must state the following:\n(a) the political party's name;\n(b) the name and address of the person nominated to be the\nregistered officer of the party;\n(c) a copy of the application and the party's constitution are\navailable for public inspection;\n(d) written objections to the application may be given to the\nCommission within 14 days after publication of the notice.\n(4) The Commission must make a copy of the application and the\nparty's constitution available for public inspection from the date of\nthe notice until the end of the 14 days mentioned in\nsubsection (3)(d).\n\nElectoral Act 2004 82\n","sortOrder":164},{"sectionNumber":"155","sectionType":"section","heading":"Objections to application and responses","content":"155 Objections to application and responses\n(1) An objection to the application must:\n(a) be in writing; and\n(b) state 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(e) be given to the Commission within the 14 days mentioned in\nsection 154(3)(d).\n(2) The Commission must give the person nominated to be the\nregistered officer of the political party:\n(a) a copy of each objection; and\n(b) a written notice inviting the person to give any response to the\nobjection to the Commission, in writing, within 14 days after\nthe day the person receives the notice.\n(3) As soon as practicable after the 14 days mentioned in\nsubsection (2)(b), the Commission must make a copy of the\nfollowing available for public inspection until the application is\ndecided:\n(a) each objection;\n(b) each response given to the Commission in accordance with\nthe notice under subsection (2).\n(4) In deciding whether to register the political party, the Commission\nmust consider each objection and response given to the\nCommission under this section.\n","sortOrder":165},{"sectionNumber":"156","sectionType":"section","heading":"Decision on application","content":"156 Decision on application\n(1) The Commission must grant or refuse the application.\n(2) However, the Commission must not decide the application before a\ngeneral election (other than an extraordinary general election) if the\napplication was received by the Commission during 6 months\nbefore the date that general election is due to be held.\n\nElectoral Act 2004 83\n","sortOrder":166},{"sectionNumber":"157","sectionType":"section","heading":"Grant of application","content":"157 Grant of application\n(1) If the Commission grants the application, the Commission must:\n(a) register the party; and\n(b) publish notice of the registration in the Gazette and in a\nnewspaper circulating generally in the Territory; and\n(c) give notice of the registration to the applicant.\n(2) In addition, if an objection was made under section 155 to the\napplication, the Commission must give the objector an information\nnotice for the decision to register the political party.\n","sortOrder":167},{"sectionNumber":"158","sectionType":"section","heading":"Refusal of application","content":"158 Refusal of application\n(1) The Commission must refuse the application if:\n(a) 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(b) for a party to which section 152(4) applies – the Commission\nreasonably believes the party does not have at least\n200 members who meet the requirements in section 152(4)(a).\n(2) In addition, the Commission must refuse the application if the\nCommission reasonably believes the political party's name:\n(a) consists of more than 6 words; or\n(b) is obscene; or\n(c) is the name or an acronym of the name of a registered party\nor parliamentary party; or\n(d) so nearly resembles the name or an acronym of the name of\nregistered party or parliamentary party it is likely to be\nconfused with or mistaken for that name or acronym; or\n(e) consists of the word \"independent\" or \"independent party\"; or\n(f) would otherwise be likely to cause confusion if registered; or\n(g) includes an MLA's name and the applicant does not have the\nMLA's written consent to use the name.\n\nElectoral Act 2004 84\n(3) If the Commission refuses the application, the Commission must:\n(a) give the applicant an information notice for the decision to\nrefuse the application; and\n(b) if an objection was made under section 155 to the\napplication – give the objector written notice of the refusal.\nparliamentary party means a political party of which at least one\nmember is a member of an Australian parliament.\n","sortOrder":168},{"sectionNumber":"159","sectionType":"section","heading":"Amendment of application","content":"159 Amendment of application\n(1) If the Commission is of the opinion the application must be refused\nunder section 158 but that the application might be amended to\nprevent the refusal, the Commission must give the applicant written\nnotice to that effect.\n(2) The notice must:\n(a) state the reasons for the opinion; and\n(b) describe the effect of subsections (3) to (6) (inclusive).\n(3) The Commission 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\nCommission a written request, signed by the applicant, for the\nCommission:\n(a) to amend the application in a stated way; or\n(b) to consider the application in the form in which it was made.\n(5) The Commission must comply with the request.\n(6) If the applicant requests the Commission 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\nElectoral Act 2004 85\n","sortOrder":169},{"sectionNumber":"160","sectionType":"section","heading":"Cancellation on application","content":"160 Cancellation on application\n(1) The Commission must cancel the registration of a registered party if\nthe registered officer of the party asks the Commission to cancel\nthe registration.\n(2) The request must be in the approved form.\n","sortOrder":170},{"sectionNumber":"161","sectionType":"section","heading":"When Commission must cancel registration","content":"161 When Commission must cancel registration\n(1) The Commission must cancel the registration of a registered party if\nit has not endorsed a candidate at the last 2 general elections.\n(2) However, subsection (1) applies to a registered party only if it was a\nregistered party at the time of each of the general elections.\n(3) Subject to section 162, the Commission must cancel the\nregistration of a registered party if the Commission reasonably\nbelieves:\n(a) the party has ceased to exist (whether by amalgamation with\nanother political party or otherwise); or\n(b) the registered officer of the party has not complied with a\nnotice given under section 174; or\n(c) the party does not have a constitution; or\n(d) the registration of the party was obtained by fraud; or\n(e) for a party registered on an application to which section 152(4)\napplies – the party has ceased to have at least 200 members\nwho meet the requirements in section 152(4)(a).\n(4) The Commission must cancel the registration of a party registered\non an application to which section 152(3) applies if the party ceases\nto be registered under the Commonwealth Act.\n","sortOrder":171},{"sectionNumber":"162","sectionType":"section","heading":"Notice of proposal to cancel registration","content":"162 Notice of proposal to cancel registration\nThe Commission may cancel the registration of a registered party\nunder section 161(3) only if the Commission has:\n(a) given public notice stating the following:\n(i) the Commission proposes to cancel the registration of\nthe party; and\n\nElectoral Act 2004 86\n(ii) written objections to the proposed cancellation may be\nmade to the Commission within 14 days after publication\nof the notice;\n(b) given the registered officer or last registered officer of the\nparty a written notice stating the following:\n(i) the Commission proposes to cancel the registration of\nthe party;\n(ii) the reasons for the proposed cancellation;\n(iii) written objections to the proposed cancellation may be\nmade to the Commission within the time mentioned in\nparagraph (a)(ii); and\n(c) considered the objections made in accordance with the\nnotices under paragraphs (a) and (b).\n","sortOrder":172},{"sectionNumber":"163","sectionType":"section","heading":"Notice of decision not to cancel registration","content":"163 Notice of decision not to cancel registration\nIf, after considering objections made under section 162 to the\nproposed cancellation of the registration of a registered party, the\nCommission decides not to cancel the registration, the Commission\nmust give written notice of the decision to:\n(a) the registered officer of the party; and\n(b) for an objection that was not made by or for the party – the\nobjector.\n","sortOrder":173},{"sectionNumber":"164","sectionType":"section","heading":"Cancellation of registration","content":"164 Cancellation of registration\nThe Commission must remove particulars of a registered party from\nthe register of registered parties if:\n(a) the Commission receives a request to cancel the party's\nregistration under section 160; or\n(b) the Commission decides to cancel the party's registration\nunder section 161.\n","sortOrder":174},{"sectionNumber":"165","sectionType":"section","heading":"Notice of cancellation","content":"165 Notice of cancellation\nIf the Commission cancels the registration of a registered party, the\n(a) give public notice of the cancellation; and\n\nElectoral Act 2004 87\n(b) if the registration is cancelled under section 161(3) – give an\ninformation notice for the decision to the registered officer or\nlast registered officer of the party.\n","sortOrder":175},{"sectionNumber":"166","sectionType":"section","heading":"Use of name after cancellation","content":"166 Use of name after cancellation\n(1) This section applies if the registration of a registered party (the\ncancelled party) is cancelled under section 161.\n(2) Each of the following is ineligible for registration until after the next\ngeneral election after the cancellation:\n(a) the cancelled party;\n(b) a political party that has a name that so nearly resembles the\nname of the cancelled party that it is likely to be confused with\nor mistaken for the cancelled party.\n","sortOrder":176},{"sectionNumber":"167","sectionType":"section","heading":"Commission to keep register","content":"167 Commission to keep register\n(1) The Commission must keep a register of registered parties.\n(2) The register must contain the following particulars for each\nregistered party:\n(a) the name of the party;\n(b) the name and address of the registered officer of the party.\n","sortOrder":177},{"sectionNumber":"168","sectionType":"section","heading":"Register to be available for public inspection","content":"168 Register to be available for public inspection\nThe Commission must make the register of registered parties\navailable for public inspection.\n","sortOrder":178},{"sectionNumber":"169","sectionType":"section","heading":"Changes to particulars in register","content":"169 Changes to particulars in register\n(1) The secretary of a registered party may apply to the Commission to\nchange particulars of the party in the register of registered parties.\n(2) Division 1 (other than section 159) applies, with all necessary\nchanges, to the application as if it were an application for\nregistration of the party and any objection to the application were an\nobjection to the registration.\n\nElectoral Act 2004 88\n(3) However, if the application is to change only the name or address\nof the registered officer of the party:\n(a) the application need not be accompanied by a copy of the\nparty's constitution; and\n(b) an application fee is not payable; and\n(c) sections 154 and 155 do not apply.\n","sortOrder":179},{"sectionNumber":"170","sectionType":"section","heading":"Who can be registered officer","content":"170 Who can be 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":180},{"sectionNumber":"171","sectionType":"section","heading":"Constitution to be available for public inspection","content":"171 Constitution to be available for public inspection\nThe Commission must make a copy of a registered party's\nconstitution available for public inspection.\n","sortOrder":181},{"sectionNumber":"171A","sectionType":"section","heading":"Annual return for registered political party","content":"171A Annual return for registered political party\n(1) The registered officer of a registered party must prepare a return in\nthe approved form for each financial year stating that, as at the end\nof that financial year:\n(a) if the party was registered on an application to which\nsection 152(3) applies – whether or not the party continues to\nbe registered under the Commonwealth Act; or\n(b) if the party was registered on an application to which\nsection 152(4) applies – whether or not the party continues to\nhave at least 200 members who meet the requirements in\nsection 152(4)(a).\n(2) The registered officer must give the return and a copy of the party's\ncurrent constitution to the Commission within 16 weeks after the\nend of the financial year.\nNote for section 171A\nThe reporting agent of a registered party must also give a return about the party's\nfinancial matters under section 205 for each financial year.\n\nElectoral Act 2004 89\n","sortOrder":182},{"sectionNumber":"172","sectionType":"section","heading":"Notification of change to constitution","content":"172 Notification of change to constitution\nIf a registered party changes its constitution, the registered officer\nof the party must give the Commission a copy of the changed\nconstitution within 30 days after the change.\n","sortOrder":183},{"sectionNumber":"173","sectionType":"section","heading":"Review of registration of political parties","content":"173 Review of registration of political parties\nThe Commission may at any time review the registration of a\npolitical party.\n","sortOrder":184},{"sectionNumber":"174","sectionType":"section","heading":"Information about political parties","content":"174 Information about political parties\n(1) The Commission may, by written notice, require the registered\nofficer of a registered party to give the Commission, within a\nreasonable stated period, stated information relating to its eligibility\nto be registered.\n(2) The registered officer must comply with the request.\n","sortOrder":185},{"sectionNumber":"175","sectionType":"section","heading":"No action under Part during election period","content":"175 No action under Part during election period\nDuring an election period for an election, no action may be taken\nunder this Part in relation to the registration of a political party.\nPart 9A Registration of associated entities and third\nparty campaigners\nDivision 1 Application process for registration and related\n175A Application\n(1) An associated entity may apply for registration under this Part.\n(2) A third party campaigner may apply for registration under this Part\nin relation to a particular election.\n(3) An application for registration must:\n(a) be made to the Commission in the approved form; and\n(b) state the full name and address of the associated entity or\nthird party campaigner; and\n\nElectoral Act 2004 90\n(c) include the information and be accompanied by the\ndocuments prescribed by regulation.\n(4) An application for registration by an associated entity must also:\n(a) state the name of the registered party that controls the entity\nor benefits from it; and\n(b) be signed by the reporting agent of that registered party.\n","sortOrder":186},{"sectionNumber":"175B","sectionType":"section","heading":"Deadline for lodging application","content":"175B Deadline for lodging application\nIf an application is received by the Commission less than 5 days\nbefore the relevant election, the Commission must refuse to register\nthe applicant.\n","sortOrder":187},{"sectionNumber":"175C","sectionType":"section","heading":"Further information about application","content":"175C Further information about application\n(1) For this Part, the Commission may give an applicant a written\nnotice requiring the applicant to give the Commission, within a\nreasonable specified period, specified information or a specified\ndocument relating to the application.\n(2) If the applicant does not comply with the notice, the Commission\nmay refuse the application.\n","sortOrder":188},{"sectionNumber":"175D","sectionType":"section","heading":"Decision on application","content":"175D Decision on application\nThe Commission must grant or refuse an application.\n","sortOrder":189},{"sectionNumber":"175E","sectionType":"section","heading":"Grant of application","content":"175E Grant of application\nIf the Commission grants the application, the Commission must:\n(a) register the applicant; and\n(b) give written notice of the registration to the applicant.\n","sortOrder":190},{"sectionNumber":"175F","sectionType":"section","heading":"Refusal of application","content":"175F Refusal of application\n(1) The Commission may refuse the application if the Commission is of\nthe opinion, on reasonable grounds, that any information in the\napplication is incomplete or incorrect.\n(2) The Commission may register an applicant despite any defect\nmentioned in subsection (1) if it thinks appropriate.\n(3) If the Commission refuses the application, the Commission must\ngive the applicant an information notice for the decision to refuse\nthe application.\n\nElectoral Act 2004 91\n","sortOrder":191},{"sectionNumber":"175G","sectionType":"section","heading":"Amendment of application","content":"175G Amendment of application\n(1) If the Commission is of the opinion the application must be refused\nunder section 175F but that the application might be amended to\nprevent the refusal, the Commission must give the applicant written\nnotice to that effect.\n(2) The notice must:\n(a) state the reasons for the opinion; and\n(b) describe the effect of subsections (3) to (6).\n(3) The Commission 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 make a\nwritten, signed request to the Commission:\n(a) to amend the application in a stated way; or\n(b) to consider the application in the form in which it was made.\n(5) The Commission must comply with the request.\n(6) If the applicant requests the Commission 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 registration.\n","sortOrder":192},{"sectionNumber":"175H","sectionType":"section","heading":"Cancellation on application","content":"175H Cancellation on application\n(1) A registered associated entity or registered third party campaigner\nmay make a written, signed request to the Commission to cancel\nthe registration of the entity or campaigner.\n(2) The Commission must cancel the registration of an associated\nentity or a third party campaigner if it receives a request under\nsubsection (1).\n","sortOrder":193},{"sectionNumber":"175J","sectionType":"section","heading":"Cancellation for non-compliance","content":"175J Cancellation for non-compliance\nIf a registered associated entity or registered third party campaigner\nfails to comply with section 175P(5), the Commission may cancel\nthe registration of the entity or campaigner.\n\nElectoral Act 2004 92\n","sortOrder":194},{"sectionNumber":"175K","sectionType":"section","heading":"Cancellation of registration","content":"175K Cancellation of registration\nIf the Commission cancels the registration of an associated entity or\na third party campaigner under this Division, the Commission must\nremove the particulars of the entity or campaigner from the register.\n","sortOrder":195},{"sectionNumber":"175L","sectionType":"section","heading":"Commission to keep register of associated entities","content":"175L Commission to keep register of associated entities\n(1) The Commission must keep a register of registered associated\nentities.\n(2) The Regulations may prescribe the details to be kept on the\nregister.\n","sortOrder":196},{"sectionNumber":"175M","sectionType":"section","heading":"Commission to keep register of third party campaigners","content":"175M Commission to keep register of third party campaigners\n(1) The Commission must keep a register of registered third party\ncampaigners in respect of each election.\n(2) The Regulations may prescribe the details to be kept on the\nregister.\n","sortOrder":197},{"sectionNumber":"175N","sectionType":"section","heading":"Register to be available for public inspection","content":"175N Register to be available for public inspection\nThe Commission must make the registers kept under sections 175L\nand 175M available on its website.\n","sortOrder":198},{"sectionNumber":"175P","sectionType":"section","heading":"Changes to particulars in registers","content":"175P Changes to particulars in registers\n(1) If any of the information given by a registered associated entity or\nregistered third party campaigner in an application under\nsection 175A has changed, the entity or campaigner must notify the\nCommission of the correct information within 30 days of the\nchange.\n(2) An associated entity commits an offence if the entity fails to comply\nwith subsection (1).\nMaximum penalty: 10 penalty units.\n(3) A third party campaigner commits an offence if the campaigner fails\nto comply with subsection (1).\nMaximum penalty: 10 penalty units.\n(4) An offence against subsection (2) or (3) is an offence of strict\nliability.\n\nElectoral Act 2004 93\n(5) If the Commission believes that information given by a registered\nassociated entity or registered third party campaigner in an\napplication under section 175A has changed, the Commission may\ngive written notice to the entity or campaigner requiring the entity or\ncampaigner to comply with subsection (1).\n","sortOrder":199},{"sectionNumber":"175Q","sectionType":"section","heading":"Process for variation","content":"175Q Process for variation\n(1) If the Commission receives a notification under section 175P(1), the\nCommission must vary the register accordingly unless the\nCommission reasonably believes the varied particulars are not\ncorrect.\n(2) If the Commission varies any particulars listed on the register for a\nregistered associated entity or registered third party campaigner,\nthe Commission must notify the entity or campaigner of that\nvariation.\n","sortOrder":200},{"sectionNumber":"175R","sectionType":"section","heading":"Offences","content":"175R Offences\n(1) An associated entity commits an offence if the entity:\n(a) intentionally fails to register under this Part; and\n(b) receives a gift or incurs electoral expenditure.\n12 months or both;\n(2) A third party campaigner commits an offence if the campaigner:\n(a) intentionally fails to register under this Part in relation to an\nelection; and\n(b) incurs more than $1 000 of political expenditure in relation to\nthat election.\n12 months or both;\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n\nElectoral Act 2004 94\n","sortOrder":201},{"sectionNumber":"175S","sectionType":"section","heading":"Purposes","content":"175S Purposes\nThe purposes of this Part are the following:\n(a) to establish a transparent electoral expenditure and disclosure\nregime;\n(b) to increase the transparency of election campaigns;\n(c) to reduce undue influence in the electoral process;\n(d) to promote the accountability of, and compliance by,\nregistered parties, elected members, candidates, associated\nentities, third party campaigners and donors.\n","sortOrder":202},{"sectionNumber":"176","sectionType":"section","heading":"Definitions","content":"176 Definitions\nIn this Part:\namount includes value.\nassociated entity means an entity that:\n(a) is controlled by one or more registered parties; or\n(b) operates wholly or to a significant extent for the benefit of one\nor more registered parties.\ncandidate, in an election, means a person:\n(a) declared to be a candidate for the election under section 37;\nor\n(b) who has been selected, or has won party endorsement, by a\nregistered party to be a candidate in the election; or\n(c) who has publicly announced that the person will be a\ncandidate for the election; or\n(d) who contested the last general election or an election since\nthe last general election.\ncorporation has the same meaning as in section 57A of the\nCorporations Act 2001.\ncredit card includes a debit card.\n\nElectoral Act 2004 95\ndisposition of property means any conveyance, transfer,\nassignment, settlement, delivery, payment or other alienation of\nproperty, and includes:\n(a) the allotment of shares in a corporation; and\n(b) the creation of a trust in property; and\n(c) the grant or creation of any lease, mortgage, charge,\nservitude, licence, power, partnership or interest in property;\nand\n(d) the release, discharge, surrender, forfeiture or abandonment,\nat law or in equity, of any debt, contract or chose in action, or\nof any 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) any transaction entered into by any person with intent to\ndiminish, directly or indirectly, the value of the person's own\nproperty and to increase the value of the property of another\nentity means:\n(a) an incorporated or unincorporated body; or\n(b) the trustee of a trust.\nfinancial controller, of an associated entity or a third party\ncampaigner, means:\n(a) if the entity or campaigner is a corporation – the secretary of\nthe corporation; or\n(b) if the entity or campaigner is the trustee of a trust – the\ntrustee; or\n(c) otherwise – the person responsible for keeping the financial\nrecords of the entity or campaigner.\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\nElectoral Act 2004 96\n(c) a payment of an amount for, on account of, on behalf of or at\nthe request 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 in substance\neffects a loan of money.\nproperty includes money.\nregistered industrial organisation means an organisation\nregistered under the Workplace Relations Act 1996 (Cth) or the law\nof another State or Territory about the registration of industrial\norganisations or unions.\nrelated bodies corporate has the same meaning as in section 50\nof the Corporations Act 2001.\n","sortOrder":203},{"sectionNumber":"176A","sectionType":"section","heading":"Meaning of electoral expenditure","content":"176A Meaning of electoral expenditure\n(1) Electoral expenditure, for an election, means expenditure incurred\nduring the capped expenditure period on any of the following:\n(a) publishing, broadcasting, posting or displaying an electoral\nadvertisement during that period in any form and on any\nplatform or at any venue or place during that period;\n(b) producing an electoral advertisement that is published,\nbroadcast, posted or displayed as mentioned in paragraph (a);\n(c) designing or producing any printed electoral matter to which\nPart 13, Division 1, Subdivision 2 applies that is published,\ncommunicated or distributed during that period;\n(d) producing or distributing electoral matter that is addressed to\nparticular persons or organisations and is distributed during\nthat period;\n(e) carrying out an opinion poll or other research about the\nelection during that period.\n(2) For subsection (1), electoral expenditure also includes receiving\nan item or service specified in that subsection in the form of a gift.\n(3) For subsection (1), electoral expenditure is incurred:\n(a) in the case of a good – when the good is delivered; or\n\nElectoral Act 2004 97\n(b) in the case of a service – when the service is provided.\nExamples for subsection (3)\n","sortOrder":204},{"sectionNumber":"1","sectionType":"section","heading":"Advertising expenditure is incurred when the advertising is broadcast or","content":"1 Advertising expenditure is incurred when the advertising is broadcast or\npublished.\n","sortOrder":205},{"sectionNumber":"2","sectionType":"section","heading":"Expenditure on the production or distribution of material is incurred at the","content":"2 Expenditure on the production or distribution of material is incurred at the\ntime of distribution.\n(4) Despite anything to the contrary in subsection (1) or (2), electoral\nexpenditure does not include expenditure on travel or\naccommodation.\n","sortOrder":206},{"sectionNumber":"177","sectionType":"section","heading":"References to registered party","content":"177 References to registered party\nIn this Part, a reference to a registered party, other than a reference\nto the endorsement of a candidate in an election, does not include a\nreference to a part of the political party.\n","sortOrder":207},{"sectionNumber":"178","sectionType":"section","heading":"References to things done by registered party","content":"178 References to things done by registered party\nIn this Part, a reference to things done by or for a registered party\nis, if the party is not a corporation, a reference to things done by or\nwith the authority of members or officers of the party for the party.\n","sortOrder":208},{"sectionNumber":"179","sectionType":"section","heading":"Gifts – determination of amounts","content":"179 Gifts – determination of amounts\nFor this Part, the Regulations may prescribe principles determining\nthe amount of a gift consisting of or including a disposition of\nproperty other than money.\n","sortOrder":209},{"sectionNumber":"180","sectionType":"section","heading":"Related bodies corporate","content":"180 Related bodies corporate\nFor this Part, related bodies corporate are taken to be the same\n","sortOrder":210},{"sectionNumber":"181","sectionType":"section","heading":"Advertisements containing electoral matter","content":"181 Advertisements containing electoral matter\nFor this Part, an advertisement relates to an election if it contains\nelectoral matter, whether or not consideration was given for\npublishing or broadcasting the advertisement.\n","sortOrder":211},{"sectionNumber":"183","sectionType":"section","heading":"Campaign committee to be treated as part of party","content":"183 Campaign committee to be treated as part of party\n(1) Divisions 3, 4 and 5 apply as if a campaign committee of an\nendorsed candidate were the registered party endorsing the\n\nElectoral Act 2004 98\n(2) In subsection (1):\ncampaign committee, for a candidate, means a body of persons\nappointed or engaged to form a committee to help the campaign of\nthe candidate in an election.\nendorsed candidate means a candidate who is endorsed by a\n","sortOrder":212},{"sectionNumber":"184","sectionType":"section","heading":"Appointment of reporting agent","content":"184 Appointment of reporting agent\n(1) A registered party must appoint a reporting agent.\n(2) Subject to subsection (2A), a candidate in an election may appoint\na person to be the candidate's reporting agent.\n(2A) The reporting agent for a candidate who is endorsed by a\nregistered party is the reporting agent for that party.\n(2B) An associated entity may appoint a reporting agent.\n(2C) A third party campaigner may appoint a reporting agent.\n(3) The appointment of a reporting agent under subsection (1) or (2)\nhas no effect unless:\n(a) the person appointed has attained the age of 18 years; and\n(b) written notice of the appointment is given to the Commission;\nand\n(c) the name and address of the person appointed are stated in\nthe notice; and\n(d) the person appointed has consented in writing to the\nappointment.\n(4) The notice must be given by:\n(a) if the appointment is made by a registered party – the party's\nsecretary; or\n(b) if the appointment is made by a candidate – the candidate; or\n(c) if the appointment is made by an associated entity or a third\nparty campaigner – the entity or campaigner's financial\ncontroller.\n\nElectoral Act 2004 99\n","sortOrder":213},{"sectionNumber":"185","sectionType":"section","heading":"Non-appointed agents","content":"185 Non-appointed agents\n(1) If there is no appointment in force under section 184(1) for a\nregistered party, the registered officer of the party is taken to be its\nreporting agent.\n(2) If a registered party ceases to be registered under Part 9 and,\nimmediately before it ceased to be registered, a person was its\nreporting agent, the person is taken to continue to be its reporting\nagent as if it had continued to be registered.\n(3) If a registered party ceases to be registered under Part 9 and\nno-one is taken under subsection (2) to be its reporting agent, the\nperson who was its registered officer immediately before it ceased\nto be registered is taken to be its reporting agent as if it had\ncontinued to be registered.\n(4) A person taken to be a reporting agent under subsection (2) or (3)\nis taken to continue in the position until the person resigns from the\nposition with the Commission's consent.\n(5) If there is no appointment in force under section 184(2) or (2A) for a\ncandidate, the candidate is taken to be the candidate's own agent.\n(6) If there is no appointment in force under section 184(2B) for an\nassociated entity, the financial controller of the entity is taken to be\nits reporting agent.\n(7) If there is no appointment in force under section 184(2C) for a third\nparty campaigner, the financial controller of the campaigner is taken\nto be the campaigner's reporting agent.\n","sortOrder":214},{"sectionNumber":"186","sectionType":"section","heading":"Register of reporting agents","content":"186 Register of reporting agents\n(1) The Commission must keep a register of reporting agents.\n(2) The Commission must enter in the register the name and address\nof each reporting agent appointed under section 184.\n","sortOrder":215},{"sectionNumber":"187","sectionType":"section","heading":"Effect of registration etc.","content":"187 Effect of registration etc.\n(1) The appointment of a reporting agent:\n(a) takes effect on the entry of the name and address of the agent\nin the register of reporting agents; and\n(b) ceases to have effect if the name and address of the agent\nare removed from the register.\n\nElectoral Act 2004 100\n(2) The name and address of a person appointed as a reporting agent\nmust not be removed from the register unless:\n(a) the person gives the Commission written notice that the\nperson has resigned the appointment; or\n(b) the candidate, secretary of the registered party or financial\ncontroller that appointed the person gives the Commission:\n(i) written notice that the person has ceased to be the\nreporting agent; and\n(ii) notice under section 184 of the appointment of another\nperson as reporting agent; or\n(c) the person is convicted of an offence against this Part; or\n(d) if the person was appointed by a registered party – the party's\nregistration is cancelled.\n(3) If the reporting agent of a registered party is convicted of an offence\nagainst this Part, the secretary of the party must give notice under\nsection 184 of the appointment of another person as reporting\nagent of the party:\n(a) within 28 days after the conviction; or\n(b) if an appeal against the conviction is started within the 28 days\nmentioned in paragraph (a) and the conviction is affirmed –\nwithin 28 days after the appeal is decided.\n(4) If the reporting agent of a registered party dies, the secretary of the\nparty must, within 28 days after the death, give the Commission:\n(a) written notice of the death; and\n(b) notice under section 184 of the appointment of another person\nas reporting agent of the party.\n","sortOrder":216},{"sectionNumber":"188","sectionType":"section","heading":"Notice of death or resignation of candidate's reporting agent","content":"188 Notice of death or resignation of candidate's reporting agent\nIf the reporting agent of a candidate dies or resigns, the candidate\nmust, without delay, give the Commission written notice of the\ndeath or resignation.\n\nElectoral Act 2004 101\n","sortOrder":217},{"sectionNumber":"189","sectionType":"section","heading":"Definition","content":"189 Definition\ndefined details, in relation to a gift, means:\n(a) for a gift made on behalf of the members of an unincorporated\nassociation, other than a registered industrial organisation:\n(i) the name of the association; and\nassociation; or\n(b) for a gift out of 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) for another gift – the name and address of the person or entity\nthat made the gift.\n","sortOrder":218},{"sectionNumber":"190","sectionType":"section","heading":"Loans to registered party or candidate","content":"190 Loans to registered party or candidate\n(1) A registered party or candidate (the receiver) must not receive a\nloan of $1 500 or more from a person or entity (the lender) that is\nnot an ADI, 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 lender is a registered industrial organisation:\n(i) the name of the organisation; and\norganisation;\n(c) if the lender is an unincorporated body (other than a registered\nindustrial organisation):\n(i) the name of the body; and\n\nElectoral Act 2004 102\nexecutive committee (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) if paragraphs (b), (c) and (d) do not apply to the loan – the\nname and address of the lender.\n(3) For subsection (1), a person who is a candidate in an election is\ntaken to remain a candidate for 30 days after election day for the\n(4) If the receiver receives a loan to which subsection (1) applies but\ndoes not comply with subsection (2), the relevant person must pay\nto the Territory an amount equal to the amount of the loan.\n(5) The amount payable under subsection (4) may be recovered by the\nTerritory as a debt.\n(6) For this section, if credit is given on a credit card for card\ntransactions, each transaction is taken to be a separate loan.\n(7) In this section:\nrelevant person means:\n(a) for a loan to or for the benefit of a registered party:\n(i) if the party is a corporation – the party; or\n(ii) if subparagraph (i) does not apply – the reporting agent\nof the party; or\n(b) for a loan to or for the benefit of a candidate – the candidate.\n\nElectoral Act 2004 103\n","sortOrder":219},{"sectionNumber":"191","sectionType":"section","heading":"Disclosure of gifts – general election other than extraordinary","content":"191 Disclosure of gifts – general election other than extraordinary\ngeneral election\nIn respect of a general election other than an extraordinary general\nelection, the reporting agent of a candidate, a registered party, an\nassociated entity or a third party campaigner must give the\nCommission a return in the approved form:\n(a) for the period beginning on 1 July and ending on 31 December\nin the year before the year in which the election is to be held –\nby 30 January in the year in which the election is to be held;\nand\n(b) for the period beginning on 1 January in the year in which the\nelection is to be held and ending on 31 March of that year – by\n","sortOrder":220},{"sectionNumber":"10","sectionType":"section","heading":"April in that year; and","content":"10 April in that year; and\n(c) for the period beginning on 1 April in the year in which the\nelection is to be held and ending on 30 June of that year – by\n10 July in that year; and\n(d) for the period beginning on 1 July in the year in which the\nelection is to be held and ending on the day the writ is\nissued – by 5 days after the writ is issued; and\n(e) for the period beginning on the day after the day the writ is\nissued and ending 17 days later – by 20 days after the day the\nwrit is issued; and\n(f) for the period beginning 18 days after the day the writ is\nissued and ending 30 days after election day – by 40 days\nafter election day.\n","sortOrder":221},{"sectionNumber":"192","sectionType":"section","heading":"Disclosure of gifts – other elections","content":"192 Disclosure of gifts – other elections\nIn respect of any election to which section 191 does not apply, the\nreporting agent of a candidate, a registered party, an associated\nentity or a third party campaigner must give the Commission a\nreturn in the approved form:\n(a) for the period beginning on 1 July preceding the day on which\nthe election is held and ending on the day the writ is issued –\nby 5 days after the writ is issued; and\n(b) for the period beginning on the day after the day the writ is\nissued and ending 17 days later – by 20 days after the day the\nwrit is issued; and\n\nElectoral Act 2004 104\n(c) for the period beginning 18 days after the day the writ is\nissued and ending 30 days after election day – by 40 days\nafter election day.\n","sortOrder":222},{"sectionNumber":"192A","sectionType":"section","heading":"Period covered by return extended if first return","content":"192A Period covered by return extended if first return\n(1) Despite anything to the contrary in section 191 or 192, the first\nreturn by a candidate, an associated entity or a third party\ncampaigner required by those sections in respect of an election\nmust cover the period beginning 31 days after the previous general\n(2) However, if the first return is a return under section 191(a)\nor 192(a), subsection (1) only applies if a return under Division 5\nthat covered the previous financial year was not given to the\n","sortOrder":223},{"sectionNumber":"192B","sectionType":"section","heading":"Additional disclosure requirement for nominees who were not","content":"192B Additional disclosure requirement for nominees who were not\npreviously candidates\n(1) Subject to subsection (2), at the same time as a nominee lodges a\nnomination form under Part 5, Division 3 for an election, the\nnominee must give the Commission a return in the approved form\nfor the period beginning 31 days after the previous general election\nand ending on the day the writ is issued for the election.\n(2) A return is only required under subsection (1) if a return had not\nalready been given under section 191 or 192 in relation to the\nparticular nominee in respect of the election.\n","sortOrder":224},{"sectionNumber":"192C","sectionType":"section","heading":"Additional disclosure requirement for associated entities and","content":"192C Additional disclosure requirement for associated entities and\nthird party campaigner on registration\nIf an associated entity or a third party campaigner applies for\nregistration under Part 9A after the day the writ is issued for an\nelection, the entity or campaigner must accompany the application\nwith a return in the approved form for the period beginning 31 days\nafter the previous general election and ending on the day the writ is\nissued.\n","sortOrder":225},{"sectionNumber":"192D","sectionType":"section","heading":"Content of return","content":"192D Content of return\n(1) A return required by section 191, 192, 192B or 192C must state the\nfollowing for the period to which the return applies:\n(a) the total amount of all gifts received by the candidate,\nregistered party, associated entity or third party campaigner;\n(b) the number of persons who made gifts to the candidate,\nregistered party, associated entity or third party campaigner;\n\nElectoral Act 2004 105\n(d) the cumulative total amount of gifts received from each person\nduring the gift aggregation period for the return;\n(e) the defined details for those gifts.\n(2) A return required by section 191, 192, 192B or 192C is not required\nto state the information mentioned in subsection (1)(c), (d) or (e) for\na gift by a person if the amount of the gift and the sum of all other\ngifts made by the person during the gift aggregation period for the\nreturn is less than:\n(a) for a gift to a candidate – $200; or\n(b) for a gift to a registered party, an associated entity or a third\nparty campaigner – $1 500.\n","sortOrder":226},{"sectionNumber":"192E","sectionType":"section","heading":"Gift aggregation periods","content":"192E Gift aggregation periods\n(1) For section 192D, the gift aggregation period for an election\nmentioned in section 191 is:\n(a) for the first return required under this Division in respect of the\nelection – the period beginning 31 days after the previous\ngeneral election and ending on the last day of the period\ncovered by the return; or\n(b) otherwise – the period beginning on 1 July preceding the\nreturn and ending on the last day of the period covered by the\nreturn.\n(2) Despite subsection (1)(a), if a return was required under Division 5\nin respect of the previous financial year, the gift aggregation period\nis as specified in subsection (1)(b).\n(3) For section 192D, the gift aggregation period for an election\nmentioned in section 192 is the period determined by the\nCommission and stated on the approved form for the return.\n(4) For subsection (3), the Commission may determine different\naggregation periods:\n(a) for gifts to different recipients or classes of recipient; and\n(b) for different types of election.\n\nElectoral Act 2004 106\n","sortOrder":227},{"sectionNumber":"193","sectionType":"section","heading":"Donations to candidates","content":"193 Donations to candidates\n(1) This section applies to a person (other than a registered party,\ncandidate or associated entity) who, during the financial year:\n(a) makes gifts totalling $1 500 or more to the same candidate in\nan election; or\n(b) makes gifts totalling $1 000 or more to an entity declared by\nthe Commission, by Gazette notice, to be an entity to which\nthis paragraph applies.\n(2) Subsection (1) applies to a person even if at the time the person\nmade the gift the person was outside the Territory.\n(3) Within 60 days after the end of the financial year, the person must\ngive the Commission a return in the approved form.\n(4) The return must state for the person:\n(a) the total amount of the gifts made by that person to each\ncandidate or entity; and\n(b) the defined details for those gifts.\n","sortOrder":228},{"sectionNumber":"194","sectionType":"section","heading":"Donations to registered parties","content":"194 Donations to registered parties\n(1) Subsection (2) applies if, in a financial year, a person makes a gift\nof $1 500 or more, or gifts totalling $1 500 or more, to the same\n(2) Within 60 days after the end of the financial year, the person must\ngive the Commission a return in the approved form covering all the\ngifts the person made to the party during the financial year.\n(3) Subsection (4) applies if, in a financial year:\n(a) a person receives a gift of $1 000 or more, or gifts totalling\n$1 000 or more; and\n(b) the person uses all or part of the gift or gifts to make a gift of\n$1 500 or more, or gifts totalling $1 500 or more, to a\n(4) Within 20 weeks after the end of the financial year, the person must\ngive the Commission a return in the approved form covering all the\ngifts mentioned in subsection (3)(a).\n\nElectoral Act 2004 107\n(5) For each gift mentioned in subsection (1) or (3)(a), the return must\nstate:\n(a) the amount of the gift; and\n(b) the date when it was made; and\n(c) either of the following:\n(i) for a gift mentioned in subsection (1) – the name of the\nregistered party to which the gift was made;\n(ii) for a gift mentioned in subsection (3)(a) – the defined\ndetails.\n(6) This section applies to a person even if at the time the person made\nthe gift the person was outside the Territory.\n(7) If a person makes a gift to any person or entity with the intention of\nbenefiting a registered party, the person is taken for this section to\nhave made the gift to the party.\n(8) In this section:\ngift does not include a gift made by a registered party, candidate or\nassociated entity.\n","sortOrder":229},{"sectionNumber":"196","sectionType":"section","heading":"Advice about obligations to make returns – registered parties","content":"196 Advice about obligations to make returns – registered parties\n(1) This section applies if, in a financial year, a registered party\nreceives a gift of $1 500 or more, or gifts totalling $1 500 or more,\nfrom the same person.\n(2) Before 1 August after the end of the financial year, the party must,\nby written notice, tell the person about the requirements of\nsection 194.\nMaximum penalty: 500 penalty units.\ngift has the meaning in section 194(8).\n\nElectoral Act 2004 108\n","sortOrder":230},{"sectionNumber":"196A","sectionType":"section","heading":"Advice about obligations to make returns – candidates","content":"196A Advice about obligations to make returns – candidates\n(1) If a candidate receives in a financial year a gift of $1 500 or more\nfrom a person, or gifts totalling $1 500 or more from the same\nperson, the candidate, by written notice, must tell the person about\nthe requirements of section 193 before 1 August following the end\nof that financial year.\ngift, see section 194(8).\n","sortOrder":231},{"sectionNumber":"197","sectionType":"section","heading":"Anonymous gifts","content":"197 Anonymous gifts\n(1) A registered party, a candidate, an associated entity or a third party\ncampaigner (the receiver) must not accept a gift of the prescribed\namount or more made by someone else (the donor) to or for the\nbenefit 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 donor 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 the defined details given by the donor are not\ntrue.\n(2) Subsection (1) applies:\n(a) for a registered party, a candidate or an associated entity – to\ngifts received at any time; or\n(b) for a third party campaigner – to gifts received during the\ndisclosure period.\n(3) For subsection (1), a person who is a candidate in an election must\nbe taken to remain a candidate for 30 days after election day for the\n(4) For this section, 2 or more gifts made by the same person to or for\nthe benefit of a registered party, a candidate, an associated entity\nor a third party campaigner are taken to be a single gift.\n(5) If the receiver contravenes subsection (1), the relevant person must\npay the Territory an amount equal to the amount of the gift.\n\nElectoral Act 2004 109\n(6) The amount payable under subsection (5) may be recovered by the\nTerritory as a debt.\n(7) In this section:\ndisclosure period, for an election (the relevant election), is the\nperiod that starts as follows and ends 30 days after election day for\nthe relevant election:\n(a) for a candidate who was a candidate in the last general\nelection or an election since the last general election – at the\nend of 30 days after election day for the last election before\nthe relevant election in which the person was a candidate; or\n(b) for a candidate to whom paragraph (a) does not apply:\n(i) if the candidate won party endorsement for the relevant\nelection – on the day on which endorsement was won; or\n(ii) if subparagraph (i) does not apply – on the day on which\nthe person announced the person would be a candidate\nin the relevant election or the day on which the person\nnominated as a candidate, whichever was the earlier.\ngift includes a gift made on behalf of the members of an\nunincorporated association.\nprescribed amount means:\n(a) for a gift made to or for the benefit of a registered party, an\nassociated entity or a third party campaigner – $1 000; or\n(b) for a gift made to or for the benefit of a candidate – $200.\nrelevant person means:\n(a) for a gift to or for the benefit of a registered party:\n(i) if the party is a corporation – the party; or\n(ii) otherwise – the reporting agent of the party; or\n(b) for a gift to or for the benefit of a candidate – the candidate.\n","sortOrder":232},{"sectionNumber":"198","sectionType":"section","heading":"Nil returns","content":"198 Nil returns\nIf no details are required to be included in a return under this\nDivision, the return must:\n(a) be given to the Commission; and\n\nElectoral Act 2004 110\n(b) include a statement to the effect that no gifts of a kind required\nto be disclosed were received.\nSubdivision 1 Preliminary matters\n","sortOrder":233},{"sectionNumber":"199","sectionType":"section","heading":"Meaning of participant","content":"199 Meaning of participant\nparticipant, in an election, means:\n(a) a registered party or candidate; or\n(b) another person by whom, or with the authority of whom,\nelectoral expenditure for an election is incurred.\n","sortOrder":234},{"sectionNumber":"200","sectionType":"section","heading":"Returns of electoral expenditure","content":"200 Returns of electoral expenditure\n(1) The reporting agent of each person who was a candidate in an\nelection (other than a candidate endorsed by a registered party)\nmust, before the end of 60 days after election day, give the\nCommission a return in the approved form stating details of all\nelectoral expenditure for the election incurred by or with the\nauthority of the candidate.\n(1A) The reporting agent of a registered party must, before the end of\n60 days after election day, give the Commission a return in the\napproved form stating details of all electoral expenditure incurred\nduring the capped expenditure period by or with the authority of:\n(a) the registered party; and\n(b) each candidate endorsed by the registered party; and\n(c) any associated entity of that party.\n(1B) The reporting agent of a third party campaigner must, before the\nend of 60 days after election day, give the Commission a return in\nthe approved form stating details of all political expenditure incurred\nby the campaigner:\n(a) for a general election other than an extraordinary general\nelection – during the period starting on 1 January in the year in\nwhich the election is held and ending 30 days after election\nday; or\n\nElectoral Act 2004 111\n(b) for any election to which paragraph (a) does not apply – the\nperiod from and including the day of the issue of the writ for\nthe election to the end of 30 days after election day.\n(2) If electoral expenditure for an election was incurred by or with the\nauthority of a person and the expenditure was not incurred with the\nwritten authority of a registered party, an associated entity or a\ncandidate in the election, the person must, before the end of 60\ndays after election day, give the Commission a return in the\napproved form stating details of the expenditure.\n(3) A person is not required to give a return under subsection (2) for an\nelection if the total amount of the electoral expenditure incurred for\nthe election by or with the authority of the person does not exceed\n$200.\n","sortOrder":235},{"sectionNumber":"201","sectionType":"section","heading":"Nil returns","content":"201 Nil returns\nIf no electoral expenditure for an election was incurred by or with\nthe authority of a candidate, registered party, associated entity or\nthird party campaigner in the election, a return under section 200\nfor the candidate, registered party, associated entity or third party\ncampaigner must:\n(a) be given to the Commission; and\n(b) include a statement to the effect that no expenditure of the\nkind required to be disclosed has been incurred by or with the\nauthority of the candidate, registered party, associated entity\nor third party campaigner.\n","sortOrder":236},{"sectionNumber":"203","sectionType":"section","heading":"Two or more elections on same day","content":"203 Two or more elections on same day\n(a) the voting at 2 or more elections took place on the same day;\nand\n(b) a person would, apart from this subsection, be required to give\n2 or more returns under this Division relating to the elections.\n(2) The person may give the Commission a single return in the\napproved form stating the particulars the person would have been\nrequired to state in separate returns.\n(3) It is sufficient compliance with this Division if the return states\ndetails of the expenditure without showing the extent to which it\nrelates to any particular election.\n\nElectoral Act 2004 112\n","sortOrder":237},{"sectionNumber":"203A","sectionType":"section","heading":"Capped expenditure period","content":"203A Capped expenditure period\nThe applicable cap on electoral expenditure for an election applies\nto electoral expenditure incurred during each of the following\nperiods (the capped expenditure period):\n(a) for a general election other than an extraordinary general\nelection – the period starting on 1 January in the year in which\nthe election is to be held and ending 30 days after election\nday;\n(b) for any election to which paragraph (a) does not apply – the\nperiod from and including the day of the issue of the writ for\nthe election to the end of 30 days after election day.\n","sortOrder":238},{"sectionNumber":"203B","sectionType":"section","heading":"Applicable caps on electoral expenditure","content":"203B Applicable caps on electoral expenditure\n(1) The applicable caps on electoral expenditure are the following:\n(a) for a registered party that endorses candidates for election –\n40 000 monetary units multiplied by the number of divisions in\nwhich a candidate is so endorsed;\n(b) for a candidate not endorsed by any registered party –\n40 000 monetary units.\n(2) For the purposes of the cap specified in subsection (1)(a), electoral\nexpenditure by an associated entity is to be aggregated with\nelectoral expenditure by the registered party with which the entity is\nassociated.\n(3) Despite anything to the contrary in the Monetary Units Act 2018, the\nvalue of a monetary unit for subsection (1) in relation to a capped\nexpenditure period that spans 2 financial years is taken to be the\nvalue of a monetary unit on the day on which the capped\nexpenditure period starts.\n","sortOrder":239},{"sectionNumber":"203C","sectionType":"section","heading":"Offence to contravene expenditure cap","content":"203C Offence to contravene expenditure cap\n(1) A candidate commits an offence if:\n(a) the candidate intentionally incurs expenditure; and\n(c) the candidate knows the expenditure is electoral expenditure;\nand\n\nElectoral Act 2004 113\n(d) all or part of the expenditure exceeds the cap specified in\nsection 203B; and\n(e) the candidate is reckless as to whether the expenditure\nexceeds the cap.\nMaximum penalty: 300 penalty units or imprisonment for\n18 months or both.\n(2) A registered party commits an offence if:\n(a) the party intentionally incurs expenditure; and\n(c) the party knows the expenditure is electoral expenditure; and\n(d) all or part of the electoral expenditure exceeds the cap\nmentioned in section 203B; and\n(e) the party is reckless as to whether the expenditure exceeds\nthe cap.\nMaximum penalty: 1 500 penalty units.\n(3) An associated entity commits an offence if:\n(a) the entity intentionally incurs expenditure; and\n(c) the entity knows the expenditure is electoral expenditure; and\n(d) all or part of the expenditure exceeds the cap mentioned in\nsection 203B; and\n(e) the entity is reckless as to whether the expenditure exceeds\nthe cap.\nMaximum penalty: 1 500 penalty units.\n","sortOrder":240},{"sectionNumber":"203D","sectionType":"section","heading":"Offence to circumvent expenditure cap","content":"203D Offence to circumvent expenditure cap\nA person commits an offence if:\n(a) the person intentionally enters into, or carries out, a scheme,\nwhether alone or with any other person; and\n(b) the person's conduct circumvents a prohibition or requirement\nof this Subdivision; and\n\nElectoral Act 2004 114\n(c) the person knows that the conduct circumvents a prohibition\nor requirement of this Subdivision.\nMaximum penalty: Imprisonment for 10 years.\n","sortOrder":241},{"sectionNumber":"204","sectionType":"section","heading":"Definition","content":"204 Definition\ndefined particulars, for a sum, means the following:\n(a) if the sum was received from, paid or owed to, an\nunincorporated association, other than a registered industrial\norganisation:\n(i) the name of the association; and\nassociation;\n(b) if the sum was paid out of or into, or incurred as a debt to, a\ntrust fund or the funds of a foundation:\n(ii) the name, title or description of the trust fund or\nfoundation;\n(c) the name and address of the person or organisation that paid,\nreceived or is owed the sum;\n(d) particulars prescribed by the Regulations.\n","sortOrder":242},{"sectionNumber":"204A","sectionType":"section","heading":"Certain returns not to include donations previously reported","content":"204A Certain returns not to include donations previously reported\nA return under this Division by a reporting agent of a candidate who\nis not endorsed by a registered party must not disclose any gift that\nhas already been reported to the Commission under another\nprovision of this Part.\n","sortOrder":243},{"sectionNumber":"205","sectionType":"section","heading":"Annual returns by registered parties","content":"205 Annual returns by registered parties\n(1) The reporting agent of a registered party must, within 60 days after\nthe end of each financial year, give the Commission a return in the\napproved form.\n\nElectoral Act 2004 115\n(2) However, the return may be the audited annual accounts of the\nparty in a form approved in writing by the Commission.\n(3) The return must state:\n(a) the amount received by or on behalf of the party during the\nfinancial year, together with the particulars required by\nsection 210(1); and\n(b) the amount paid by or on behalf of the party during the\nfinancial year; and\n(c) the outstanding amount, at the end of the financial year, of\ndebts incurred by or on behalf of the party, together with the\nparticulars required by section 211(1).\n(4) If a political party ceases to be a registered party during a financial\nyear, this section applies to the party in relation to the year as if a\nreference to the reporting agent of the party were a reference to the\nperson who was the reporting agent of the party immediately before\nit ceased to be registered.\n","sortOrder":244},{"sectionNumber":"205A","sectionType":"section","heading":"Annual return by registered parties – gifts","content":"205A Annual return by registered parties – gifts\n(1) The reporting agent of a registered party, within 30 days after the\nend of each financial year, must give the Commission a return in\nthe approved form.\n(a) the total amount of all gifts received by the candidate during\nthe financial year;\n(b) the number of persons who made gifts to the candidate;\n(d) the defined particulars of those gifts.\nthe information mentioned in subsection (2)(c) and (d) for a gift by a\nthe registered party by the person is less than $1 500.\n","sortOrder":245},{"sectionNumber":"206","sectionType":"section","heading":"Periods of less than financial year","content":"206 Periods of less than financial year\n(1) This section applies if, during a financial year, a political party\nbecomes or ceases to be a registered party.\n\nElectoral Act 2004 116\n(2) A return under section 205 or 205A for the political party for the\nfinancial year need only include particulars for the part of the year\nwhen the party was registered.\n","sortOrder":246},{"sectionNumber":"207","sectionType":"section","heading":"Annual returns by candidates – gifts","content":"207 Annual returns by candidates – gifts\n(1) The reporting agent of a candidate in an election must, within\n30 days after the end of each financial year, give the Commission a\nreturn in the approved form.\n(a) for a return for a financial year in which:\n(i) an election is not held – the total amount of all gifts\nreceived by the candidate during the financial year; or\n(ii) an election is held – the total amount of all gifts received\nby the candidate during the period beginning 31 days\nafter election day and ending on 30 June next following\nthat election;\n(b) the number of persons who made gifts to the candidate;\n(d) the defined particulars for those gifts.\nthe information mentioned in subsection (2)(c) or (d) for a gift by a\nthe candidate by the person is less than $200.\n(4) Despite subsection (2)(a), if a candidate was not required to submit\na return for the previous financial year, the period covered by the\nreturn is taken to begin 31 days after the previous general election.\n","sortOrder":247},{"sectionNumber":"208","sectionType":"section","heading":"Annual returns by associated entities","content":"208 Annual returns by associated entities\n(1) If an entity is an associated entity at any time during a financial\nyear, the entity's financial controller must, within 60 days after the\nend of the year, give the Commission a return in the approved form.\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 210(1); and\n\nElectoral Act 2004 117\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 211(2).\n(3) An amount received when the entity was not an associated entity\nmust not be counted for subsection (2)(a) or (b).\n(4) Subsection (5) applies if an amount required to be stated under\nsubsection (2)(b) was:\n(a) paid to or for the benefit of one or more registered parties; and\n(b) paid out of funds generated from the entity's capital.\n(5) The return must state the following details of each person who\ncontributed to the entity's capital:\n(a) the person's name and address;\n(b) the total of the person's contributions to the capital up to the\nend of the financial year.\n(6) Subsection (5) does not apply to contributions included in a\nprevious return under this section.\n","sortOrder":248},{"sectionNumber":"209","sectionType":"section","heading":"Annual returns by associated entities – gifts","content":"209 Annual returns by associated entities – gifts\n(1) The reporting agent of an associated entity, within 30 days after the\nend of each financial year, must give the Commission a return in\nthe approved form.\n(a) the total amount of all gifts received by the entity during the\nfinancial year;\n(b) the number of persons who made gifts to the entity;\n(d) the defined particulars for those gifts.\nthe information mentioned in subsection (2)(c) or (d) for a gift by a\nthe associated entity by the person is less than $1 500.\n\nElectoral Act 2004 118\n(4) Despite subsection (2)(a), if an associated entity was not required\nto submit a return for the previous financial year, the period covered\nby the return is taken to begin 31 days after the previous general\n","sortOrder":249},{"sectionNumber":"210","sectionType":"section","heading":"Amounts received","content":"210 Amounts received\n(1) If the sum of all amounts received from an entity during a financial\nyear is $1 500 or more, the return by the receiver under\nsection 205, 207 or 208 must state the amount of the sum and the\ndefined particulars for it.\n(2) In working out the sum, an amount of less than $1 500 need not be\ncounted.\n(3) If the sum was received as a loan, the return must state the\ninformation required to be recorded under section 190(2).\n","sortOrder":250},{"sectionNumber":"211","sectionType":"section","heading":"Outstanding amounts","content":"211 Outstanding amounts\n(1) If, at the end of a financial year, the sum of all debts within the\nmeaning of section 205(3)(c) that are owed by a registered party to\na particular person or organisation is $1 500 or more, the return by\nthe party under section 205 for the year must state the sum and\ninclude the defined particulars.\n(2) If an entity is an associated entity at the end of a financial year and\nat the end of the year the sum of all debts within the meaning of\nsection 208(2)(c) that are owed by the entity to a particular person\nor organisation is $1 500 or more, the return by the entity under\nsection 208 for the financial year must state the sum and include\nthe defined particulars.\n","sortOrder":251},{"sectionNumber":"212","sectionType":"section","heading":"Returns not to include lists of party membership","content":"212 Returns not to include lists of party membership\nA return given under this Division must not include a list of\nmembers of a political party.\n","sortOrder":252},{"sectionNumber":"213","sectionType":"section","heading":"Regulations","content":"213 Regulations\n(1) The Regulations may require greater detail to be provided in a\nreturn under section 205 or 208 than is required by this Division.\n(2) Without limiting subsection (1), the Regulations may require the\namounts mentioned in section 205(3) or 208(2) be broken down in\nthe stated way.\n(3) The Regulations may reduce the amount of information to be\nprovided in a return under section 208.\n\nElectoral Act 2004 119\n","sortOrder":253},{"sectionNumber":"213A","sectionType":"section","heading":"Requirement to keep Territory campaign account","content":"213A Requirement to keep Territory campaign account\n(1) The reporting agent of a registered party or candidate must keep a\nseparate account (a Territory campaign account) with an ADI for\nTerritory electoral purposes.\n(2) An amount deposited into or withdrawn from a Territory campaign\naccount may only be used for Territory electoral purposes.\n","sortOrder":254},{"sectionNumber":"213B","sectionType":"section","heading":"Gifts to be paid into Territory campaign account","content":"213B Gifts to be paid into Territory campaign account\nThe reporting agent of a registered party or candidate must ensure\nthat each gift that is an amount of money received by or on behalf\nof the registered party or candidate is paid into the Territory\ncampaign account unless:\n(a) the gift is made or received in contravention of this Part; or\n(b) in relation to a gift received by or on behalf of a registered\nparty – the gift is not intended by the registered party to be\nused for Territory electoral purposes; or\n(c) the gift is otherwise a gift that must not be paid into the\naccount in accordance with this Division.\n","sortOrder":255},{"sectionNumber":"213C","sectionType":"section","heading":"Payments into Territory campaign account","content":"213C Payments into Territory campaign account\n(1) Subject to section 213A(2), the Regulations may prescribe matters\nin relation to amounts that the agent of a registered party or\ncandidate must, or must not, pay into the Territory campaign\naccount.\n(2) If a registered party keeps an account with an ADI for\nCommonwealth electoral purposes, the reporting agent of the\nregistered party must ensure that no amount is paid or transferred\nfrom that account into the Territory campaign account.\n(3) A person does not commit an offence against this Part for a\ncontravention of this section (or the Regulations) if the person, on\nbecoming aware that an amount of money was paid into the\nTerritory campaign account in contravention of the relevant\nprovision, takes all reasonable steps to immediately withdraw the\namount from the account.\n\nElectoral Act 2004 120\n","sortOrder":256},{"sectionNumber":"213D","sectionType":"section","heading":"Territory campaign account to be used for electoral","content":"213D Territory campaign account to be used for electoral\nexpenditure\nA reporting agent required to keep a Territory campaign account\nunder this Division must ensure that the registered party on behalf\nof which, or candidate on behalf of whom, the Territory campaign\naccount is kept does not pay an amount of money for electoral\nexpenditure unless the amount is paid from the Territory campaign\naccount.\n","sortOrder":257},{"sectionNumber":"213E","sectionType":"section","heading":"Offence","content":"213E Offence\nA person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in a contravention of section 213A, 213B,\n213C or 213D; and\n(c) the person is reckless in relation to that result.\n12 months or both; or\n(b) for a body corporate – 1000 penalty units.\n","sortOrder":258},{"sectionNumber":"214","sectionType":"section","heading":"Definitions","content":"214 Definitions\ninvestigation notice has the meaning in section 216(2) or 217(2).\nreturn includes a notice under section 221(1)(c) or (4).\n","sortOrder":259},{"sectionNumber":"215","sectionType":"section","heading":"Offences","content":"215 Offences\n(1) A person must not, without reasonable excuse, fail to give the\nCommission a return under this Part within the time required.\n\nElectoral Act 2004 121\n(2) A person must not, without reasonable excuse, give the\nCommission an incomplete return under Division 3, 4 or 5.\n12 months; or\n(2A) A person must not, without reasonable excuse, fail to keep records\nin accordance with section 220.\n12 months; or\n(3) A person must not give a return under Division 3, 4 or 5 containing\nparticulars that are, to the person's knowledge, false or misleading\nin a material particular.\n(4) A person (the provider) must not provide another person who is\nrequired to give a return under Division 3, 4 or 5 information\nrelevant to the return that is, to the provider's knowledge, false or\nmisleading in a material particular.\n(5) It is enough for a complaint against a person for an offence against\nsubsection (3) or (4) to state the particulars or information was,\nwithout specifying which, \"false or misleading\" to the knowledge of\nthe person or provider.\n\nElectoral Act 2004 122\n","sortOrder":260},{"sectionNumber":"216","sectionType":"section","heading":"Investigation notices generally","content":"216 Investigation notices generally\n(1) The Commission may conduct an investigation into compliance with\nthis Part.\n(2) For the investigation, the Commission 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 registered party – any officer,\nemployee or representative of the party; or\n(c) for a prescribed person that is a corporation – any of its\nofficers or employees; or\n(d) anyone else the Commission reasonably believes can\nproduce a document or anything else, or give evidence, about\nanyone's compliance with this Part.\n(3) The investigation notice must require the person to whom it is given\nto:\n(a) produce to the Commission, within the time and in the way\nstated in the notice, a document or something else stated in\nthe notice; or\n(b) appear, at a time and place stated in the notice, before an\nofficer to do the following:\n(i) give evidence orally or in writing;\n(ii) to produce a document or something else stated in the\n(4) The time stated in the investigation notice must be not earlier than\n28 days after the person receives the notice.\n(5) If the investigation notice requires an officer, employee or\nrepresentative of a registered party other than its reporting agent to\nappear before an officer, the reporting agent of the party is entitled\nto:\n(b) nominate someone else to attend on the reporting agent's\n\nElectoral Act 2004 123\n(6) If the investigation notice requires someone other than the financial\ncontroller of an associated entity to appear before an officer in\nrelation to an investigation into the entity, the financial controller is\nentitled to:\n(b) nominate someone else to attend on the financial controller's\n(7) Subsection (8) applies if:\n(a) the investigation notice relates to an investigation into:\n(i) a return given to the Commission under section 191 by\nthe reporting agent of a candidate; or\n(ii) a failure of a reporting agent of a candidate to give the\nCommission a return under this Part within the time\nrequired; and\n(b) the notice requires someone other than the reporting agent to\nappear before an officer.\n(8) The reporting agent is entitled to:\n(b) nominate someone else to attend on the reporting agent's\n(9) The Commission may conduct the investigation even though the\nperson to whom the investigation notice was given contravenes the\n(10) The Commission may require the person to whom the investigation\nnotice has been given to give evidence on oath.\n(11) In this section:\nprescribed person means a person who, in the Commission's\nopinion, is or may be required to give the Commission a return\nunder this Part in relation to an election.\n\nElectoral Act 2004 124\n","sortOrder":261},{"sectionNumber":"217","sectionType":"section","heading":"Investigation notices about associated entities","content":"217 Investigation notices about associated entities\n(a) the Commission reasonably believes a person can produce a\ndocument or anything else, or give evidence, about whether\nan entity is, or was at a particular time, an associated entity;\nand\n(b) the person is or has been the financial controller or an officer\nor employee of the entity.\n(2) The Commission may give the person a notice (an investigation\nnotice) requiring the person to:\n(a) produce to the Commission, within the time and in the way\nstated in the notice, a document or something else stated in\nthe notice; or\n(b) appear, at a time and place stated in the notice, before an\nofficer to do the following:\n(i) give evidence orally or in writing;\n(ii) to produce a document or something else stated in the\n(3) The time stated in the investigation notice must not be earlier than\n28 days after the day the person receives the notice.\n(4) If the investigation notice requires someone other than the financial\ncontroller of the associated entity to appear before an officer, the\nfinancial controller is entitled to:\n(b) nominate someone else to attend on the financial controller's\n(5) The Commission may conduct the investigation even though the\nperson to whom the investigation notice was given contravenes the\nnotice to attend.\n(6) On giving the investigation notice to the person, the Commission\nmust also give the person an information notice for the decision to\ngive the person the notice.\n(7) The person is taken not to have failed to comply with the\ninvestigation notice if the person appeals against the decision under\nsection 229 and the appeal has not been decided.\n\nElectoral Act 2004 125\n(8) The Commission may require the person to whom the investigation\nnotice has been given to give evidence on oath.\n(9) This section is in addition to, and does not limit, section 216.\n","sortOrder":262},{"sectionNumber":"218","sectionType":"section","heading":"Investigation notice offences","content":"218 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 the person knows is false or misleading in a material\nparticular.\n","sortOrder":263},{"sectionNumber":"219","sectionType":"section","heading":"Investigation – search warrants","content":"219 Investigation – search warrants\n(1) An authorised officer may apply to a Local Court Judge, by\ninformation on oath, for a search warrant for a place if:\n(a) the officer has reasonable grounds for suspecting there may\nbe, at that time or within the next 24 hours, in or on the place,\nan article that may afford evidence relating to a contravention\nof section 215 (a relevant article); and\n(b) the officer has reasonable grounds for believing that, if an\ninvestigation notice under section 216 were issued for the\nproduction of the relevant article, it might be concealed, lost,\nmutilated, destroyed or disposed of.\n(2) The Judge must not issue a search warrant unless:\n(a) the officer or another person has given the Judge, either orally\nor by affidavit, any further information the Judge requires\nabout the grounds on which the issue of the warrant is being\nsought; and\n\nElectoral Act 2004 126\n(b) the Judge is satisfied there are reasonable grounds for issuing\nthe warrant.\n(3) If the Judge issues a warrant, the Judge must endorse on the\napplication the grounds relied on to justify the issue of the warrant.\n(4) The warrant authorises the officer or another person named in the\nwarrant, with the assistance the officer or person considers\nnecessary, and if necessary by force:\n(a) to enter the place; and\n(b) to search the place for relevant articles; and\n(c) to seize any relevant article found in or on the place.\n(5) The warrant must state:\n(a) the purpose for which it is issued, including a reference to the\nalleged offence in relation to which it is issued; and\n(b) the hours during which the entry is authorised or state that the\nentry is authorised at any time of the day or night; and\n(c) a description of the kind of articles to which it relates; and\n(d) the date, within 30 days after the warrant's issue, the warrant\nceases to have effect.\n(6) The person executing the warrant must, if asked by the occupier of\nthe place or another person on the place, produce the warrant for\nthe person's inspection.\n(7) If an article is seized by a person under the warrant:\n(a) the person may keep the article for as long as is necessary\nand reasonable for the investigation to which it is relevant; and\n(b) when keeping the article ceases to be necessary and\nreasonable for that purpose, the person must give it to the\nperson who appears to be entitled to possession of it.\n(8) If a document is kept under subsection (7)(a), the Commission\nmust, at the times and places the Commission considers\nappropriate, permit the person otherwise entitled to possession of it\nto inspect and, at the person's expense, make copies of or take\nextracts from it.\n\nElectoral Act 2004 127\n(9) In this section:\nplace includes:\n(a) vacant land; and\n(b) premises; and\n(c) a vehicle.\npremises includes:\n(a) a building or structure; and\n(b) a part of a building or structure; and\n(c) land on which a building or structure is situated.\nvehicle means anything used for carrying anything or any person\nby land, water or air.\n","sortOrder":264},{"sectionNumber":"220","sectionType":"section","heading":"Records","content":"220 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 stated in a return under this Part relating to an election, the\nperson must keep the record for at least 4 years starting on election\nday.\n(2) If a registered party or associated entity makes or obtains an article\nthat is or includes a record relating to a matter particulars of which\nare, or could be, required to be stated in a return under Division 5,\nthe party or entity must keep the record for at least 4 years starting\non the day after the last day when the return must be given to the\n(3) If a person, registered party or associated entity (the transferor)\nwould, in the normal course of business or administration, transfer\nto someone else a record mentioned in subsection (1) or (2):\n(a) the transferor is taken not to have contravened the subsection\nby transferring 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\ntransferred.\n\nElectoral Act 2004 128\n","sortOrder":265},{"sectionNumber":"221","sectionType":"section","heading":"Inability to complete returns","content":"221 Inability to complete returns\n(1) If a person who is required to give the Commission a return under\nDivision 3, 4 or 5 considers it is impossible to complete the return\nbecause the person is unable to obtain particulars required to\nprepare the return, the person may:\n(a) prepare the return to the extent it is possible to do so without\nthe particulars; and\n(b) give the Commission the return so prepared; and\n(c) give the Commission written notice stating the following:\n(i) the return is incomplete because the person is unable to\nobtain certain particulars;\n(ii) the particulars the person is unable to obtain;\n(iii) the reasons why the person is unable to obtain the\nparticulars;\n(iv) if the person reasonably believes another person whose\nname and address the person knows can give the\nparticulars, that belief, the reasons for it and the name\nand address of the other person.\n(2) A person who complies with subsection (1) must not, because of\nthe omission of particulars mentioned in subsection (1)(c)(ii), be\ntaken to have given an incomplete return for section 215(2)(a).\n(3) If the Commission has been informed under subsection (1)(c)\nor (4)(e) that a person can give particulars that have not been\nincluded in a return, the Commission may, by written notice, require\nthe person to give the Commission written notice of the particulars\nwithin the reasonable period stated in the notice.\n(4) If a person who is required to give the Commission particulars\nunder subsection (3) considers the person is unable to obtain some\nor all of the particulars, the person must give the Commission a\nwritten notice stating:\n(a) the particulars the person is able to give; and\n(b) the person is unable to obtain certain particulars; and\n(c) the particulars the person is unable to obtain; and\n\nElectoral Act 2004 129\n(d) the reasons why the person considers the person is unable to\nobtain the particulars; and\n(e) if the person reasonably believes another person whose name\nand address the person knows can give the particulars, that\nbelief, the reasons for it and the name and address of the\nother person.\n(5) If:\n(a) a notice is given to a person under subsection (3); and\n(b) the person complies with the notice or gives the Commission a\nnotice under subsection (4);\nthe person must not be taken to have given an incomplete return\nmerely because of the omission of the required particulars.\n","sortOrder":266},{"sectionNumber":"222","sectionType":"section","heading":"Non-compliance with Part","content":"222 Non-compliance with Part\n(1) The failure of a person to comply with a provision of this Part in\nrelation to an election does not invalidate the election.\n(2) Without limiting subsection (1), if a candidate endorsed by a\nregistered party is elected at an election, a failure by the reporting\nagent of the party to comply with a provision of this Part for the\nelection does not invalidate the candidate's election.\n(3) In addition, without limiting subsection (1), if the reporting agent of a\ncandidate who is elected at an election does not comply with a\nprovision of this Part for the election, the failure does not invalidate\nthe candidate's election.\n","sortOrder":267},{"sectionNumber":"223","sectionType":"section","heading":"Amendment of returns","content":"223 Amendment of returns\n(1) If the Commission is satisfied a return under this Part contains a\nformal error or is subject to a formal defect, the Commission may\namend the return to the extent necessary to correct the error or\nremove the defect.\n(2) A person authorised by subsection (3) may, by written notice signed\nby the person and given to the Commission, request the permission\nof the Commission to make a stated amendment of a return to\ncorrect an error or omission.\n(3) The request may be made by:\n(a) the person who gave the return; or\n\nElectoral Act 2004 130\n(b) if the return was given for a registered party or candidate – the\nreporting agent of the party or candidate; or\n(c) if the return was given in relation to an associated entity – the\nfinancial controller of the entity.\n(4) If the Commission is satisfied the request is justified, the\nCommission must permit the person to amend the return.\n(5) If the Commission decides to refuse the request, the Commission\nmust give the person an information notice for the decision.\n(6) The amendment of a return under this section does not affect the\nliability of a person for an offence against section 215(2) or (4)\narising out of the giving of the return.\n","sortOrder":268},{"sectionNumber":"224","sectionType":"section","heading":"Commission to publish returns","content":"224 Commission to publish returns\n(1) Subject to subsections (2) and (3), the Commission must publish on\nits website each return given to the Commission under this Part as\nsoon as practicable after the Commission receives the return.\n(2) A return given to the Commission under:\n(a) section 191(d) or 192(a) must be published no later than\n3 business days after the Commission receives the return; or\n(b) section 191(e) or 192(b) must be published no later than\n2 business days after the Commission receives the return; or\n(c) any provision other than section 191(d) or (e) or 192(a) or (b)\nmust be published no later than the end of any period\nprescribed by the Regulations after the Commission receives\nthe return.\n(3) The Commission may decline to publish on its website, or may\nremove from its website, any return under this Part that in the\nopinion of the Commission may be false, misleading, vexatious or\notherwise inaccurate.\n(4) On payment of a fee determined by the Commission, a person may\nobtain a copy of or extract from a return published under this\nsection.\n\nElectoral Act 2004 131\n","sortOrder":269},{"sectionNumber":"225","sectionType":"section","heading":"Appealable decisions and affected persons","content":"225 Appealable decisions and affected persons\nEach of the Commission's decisions in Schedule 2 is an appealable\ndecision and a person or political party stated opposite the decision\nis an affected person for the decision.\n","sortOrder":270},{"sectionNumber":"226","sectionType":"section","heading":"Information notices","content":"226 Information notices\n(1) An information notice for an appealable decision is a written notice\nstating the following:\n(a) the decision;\n(b) the reasons for the decision;\n(c) the appeal details.\n(2) The validity of an appealable decision is not affected by a failure:\n(a) to give an information notice to an affected person for the\ndecision; or\n(b) to comply with this section.\n","sortOrder":271},{"sectionNumber":"227","sectionType":"section","heading":"Appeal details","content":"227 Appeal details\nThe appeal details for an information notice are as follows:\n(a) an affected person may appeal against the appealable\ndecision to which the notice relates;\n(b) the period allowed for applying for starting an appeal;\n(c) how to start an appeal.\n","sortOrder":272},{"sectionNumber":"228","sectionType":"section","heading":"Appeals against appealable decisions","content":"228 Appeals against appealable decisions\nAn affected person for an appealable decision may appeal against\nthe decision to the Supreme Court.\n","sortOrder":273},{"sectionNumber":"229","sectionType":"section","heading":"How to start appeal","content":"229 How to start appeal\n(1) The appeal is started by filing notice of appeal with the Registrar of\nthe Supreme Court.\n\nElectoral Act 2004 132\n(2) The notice must be filed within 28 days after:\n(a) if the person receives an information notice for the appealable\ndecision – the day the person receives the notice; or\n(b) if paragraph (a) does not apply – the day the person becomes\naware of the decision.\n","sortOrder":274},{"sectionNumber":"230","sectionType":"section","heading":"Operation and implementation of appealable decision","content":"230 Operation and implementation of appealable decision\n(1) The appeal does not affect the operation or implementation of the\nappealable decision.\n(2) However, the Supreme Court may make an order staying or\notherwise affecting the operation or implementation of so much of\nthe decision as the Court considers appropriate to effectively hear\nand decide the appeal.\n(3) The order:\n(a) is subject to any conditions stated in it; and\n(b) has effect:\n(i) for the period stated in it; or\n(ii) if no period is stated in it – until the Court has decided\nthe appeal.\n","sortOrder":275},{"sectionNumber":"231","sectionType":"section","heading":"Decision on appeal","content":"231 Decision on appeal\n(1) In deciding the appeal, the Supreme Court may:\n(a) confirm or vary the appealable decision; or\n(b) set the decision aside and substitute its own decision; or\n(c) set the decision aside and remit the matter to the Commission\nwith the directions it considers appropriate.\n(2) For subsection (1), the Court may make the orders and give the\ndirections it considers appropriate.\n(3) If the Court varies the appealable decision or substitutes its own\ndecision for the appealable decision, the varied or substituted\ndecision is, for this Act (other than this Part), taken to be the\nCommission's decision.\n\nElectoral Act 2004 133\nPart 12 Court of disputed returns, disputed elections\nand references by Legislative Assembly\nDivision 1 Court of Disputed Returns\n232 Establishment\nThe Court of Disputed Returns is established.\n233 Constitution\nThe Court of Disputed Returns is constituted by a Supreme Court\nJudge.\n","sortOrder":276},{"sectionNumber":"234","sectionType":"section","heading":"Jurisdiction","content":"234 Jurisdiction\nThe Court of Disputed Returns has the following jurisdiction:\n(a) jurisdiction to decide applications made under Division 2 and\nquestions referred to it under Division 3;\n(b) any other jurisdiction conferred on it by another Act.\n","sortOrder":277},{"sectionNumber":"235","sectionType":"section","heading":"Record of proceedings","content":"235 Record of proceedings\nThe Court of Disputed Returns must keep a record of its\nproceedings.\n","sortOrder":278},{"sectionNumber":"236","sectionType":"section","heading":"Validity of election may be disputed after election","content":"236 Validity of election may be disputed after election\n(1) A person may dispute the validity of an election only by making\napplication in accordance with this Division after the result of the\nelection is declared.\n(2) Without limiting subsection (1), the validity of the election may be\ndisputed if any of the following matters apply to the election:\n(a) the acceptance or rejection of a nomination of a candidate by\nthe Commission;\n(b) the eligibility of a person to be nominated as a candidate;\n(c) any matter connected with the printing or endorsement of\nballot papers;\n\nElectoral Act 2004 134\n(d) any matter connected with the issue or scrutiny of ballot\npapers by an officer;\n(e) any matter connected with the admission or rejection of\ndeclaration votes by an officer at the preliminary scrutiny.\n","sortOrder":279},{"sectionNumber":"237","sectionType":"section","heading":"Who may dispute election","content":"237 Who may dispute election\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 Commission;\n(d) a person whose nomination as a candidate was rejected by\n","sortOrder":280},{"sectionNumber":"238","sectionType":"section","heading":"Making application","content":"238 Making application\n(1) The application must be made to an Associate Judge not later than\n21 days after the day fixed for the return of the writ for the election.\n(2) The application must:\n(a) be addressed to the Court of Disputed Returns; and\n(b) state the facts relied on to invalidate the election; and\n(c) state the facts with sufficient particularity to identify the\nspecific matter or matters on which the applicant relies as\njustifying the grant of relief; and\n(d) ask for the relief to which the applicant claims to be entitled;\nand\n(e) be signed by the applicant; and\n(f) be signed by 2 witnesses whose occupations and addresses\nare stated.\n","sortOrder":281},{"sectionNumber":"239","sectionType":"section","heading":"Lodgment of security for costs","content":"239 Lodgment of security for costs\nThe applicant must, when making the application, lodge $500 with\nthe Associate Judge as security for costs.\n\nElectoral Act 2004 135\n","sortOrder":282},{"sectionNumber":"240","sectionType":"section","heading":"Notice of application","content":"240 Notice of application\n(1) The Associate Judge must, as soon as practicable after the\napplication is made, give a copy of it to the Clerk of the Legislative\nAssembly.\n(2) Within 2 days after making the application, the applicant must give\nwritten notice of the application and a copy of it to:\n(a) the Commission; and\n(b) if the application claims a candidate who has not been\nreturned as elected for a division was entitled to be so\nreturned – the candidate, if any, returned as elected for the\n","sortOrder":283},{"sectionNumber":"241","sectionType":"section","heading":"Parties to proceeding","content":"241 Parties to proceeding\nThe applicant and the persons given notice of the application are\nparties to a proceeding under this Division.\n","sortOrder":284},{"sectionNumber":"242","sectionType":"section","heading":"Reply to application","content":"242 Reply to application\n(1) A person given notice of the application may contest the application\nby filing a reply with the Associate Judge and giving a copy of the\nreply to the applicant.\n(2) The person must comply with subsection (1) not later than 7 days\nafter the person receives the notice or the further time the Court of\nDisputed Returns allows.\n(3) The reply must:\n(a) state the facts on which the person proposes to reply; and\n(b) ask for the relief to which the person claims to be entitled; and\n(c) be signed by the person; and\n(d) if the reply is by a person other than the Commission – be\nsigned by 2 witnesses whose occupations and addresses are\nstated.\n","sortOrder":285},{"sectionNumber":"243","sectionType":"section","heading":"Inquiries by Court","content":"243 Inquiries by Court\n(1) For deciding the application, the Court of Disputed Returns may\ninquire into any of the following:\n(a) the identity of voters;\n\nElectoral Act 2004 136\n(b) whether votes were improperly admitted or rejected;\n(c) whether the result of voting was correctly ascertained.\n(2) However, the Court must not inquire into the correctness of a roll\nand must take the roll to be conclusive evidence that the persons\nenrolled were, at the close of the roll, entitled to be enrolled.\n(3) In addition, the qualification of a person enrolled cannot be\nquestioned.\n","sortOrder":286},{"sectionNumber":"244","sectionType":"section","heading":"Certain evidence not admissible","content":"244 Certain evidence not admissible\nThe Court of Disputed Returns must not:\n(a) in deciding whether the actions of an officer affected the\nresults of the election, admit evidence of the way in which a\nperson, who was wrongly prevented from voting at the election\nby an officer, would have voted; or\n(b) admit evidence from a person mentioned in paragraph (a)\nunless the person satisfies the Court the person was wrongly\nprevented from voting.\n","sortOrder":287},{"sectionNumber":"245","sectionType":"section","heading":"Court may have regard to certain rejected ballot papers","content":"245 Court may have regard to certain rejected ballot papers\nIn making its decision on the application, the Court of Disputed\nReturns may have regard to ballot papers rejected during the\nconduct of the scrutiny of votes if it is satisfied the ballot papers\nshould not have been rejected.\n","sortOrder":288},{"sectionNumber":"246","sectionType":"section","heading":"Decision on application","content":"246 Decision on application\n(1) In making its decision on the application, the Court of Disputed\nReturns may dismiss or uphold the application in whole or part.\n(2) For subsection (1), the Court may make a declaration as follows:\n(a) declare a candidate who was returned as elected was not\nproperly elected;\n(b) declare a candidate properly elected who was not returned as\nelected;\n(c) declare the election void.\n\nElectoral Act 2004 137\n(3) The Court must make a declaration under subsection (2)(a) if it\nfinds the candidate returned as elected has, in relation to the\nelection at which the candidate was elected, committed or\nattempted to commit an offence against Part IV, Division 3 of the\nCriminal Code.\n(4) In addition, without limiting subsection (2)(a) or (c), the Court may\nmake a declaration under the provision on the ground that illegal\npractices were committed in relation to the election.\n(5) However, the Court must not make a declaration under\nsubsection (2)(a) or (c) on one of the following grounds unless it is\nsatisfied of the matters mentioned in subsection (7):\n(a) an action that occurred without the knowledge of the\ncandidate declared elected at the election;\n(b) the commission of an offence against this Act by the candidate\ndeclared elected at the election unless the Court is required to\nmake the declaration under subsection (3).\n(6) In addition, the Court must not make a declaration under\nsubsection (2)(c):\n(a) merely because of a delay in the declaration of nominations,\nvoting or the return of the writ; or\n(b) on the ground that a person whose name appears on the roll\nfor a division and who voted as an elector for the division was\nnot qualified to be enrolled or to continue to be enrolled as an\nelector for the division.\n(7) For subsection (5), the matters are:\n(a) the result of the election was likely to have been affected by\nthe action or commission of the offence; and\n(b) it is just that the Court make the declaration.\n(8) Subsection (3) does not prevent a prosecution for an offence\nmentioned in the subsection or another law in force in the Territory.\n","sortOrder":289},{"sectionNumber":"247","sectionType":"section","heading":"Costs","content":"247 Costs\n(1) The Court of Disputed Returns may, by order, award the costs it\nconsiders appropriate in the proceeding.\n(2) The order must be entered as if it were a judgment of the Supreme\nCourt.\n\nElectoral Act 2004 138\n(3) The costs may be recovered and the order enforced accordingly.\n","sortOrder":290},{"sectionNumber":"248","sectionType":"section","heading":"Application of security for costs","content":"248 Application of security for costs\n(1) The security lodged for the application may be applied only under\nthis section.\n(2) If no order for costs is made or costs are awarded to the person\nwho lodged the security for the application (the payer), the\nAssociate Judge must refund the security to the payer.\n(3) If costs are awarded to a person other than the payer, the\nAssociate Judge must apply the security toward the costs of the\nperson to whom they are awarded and refund any balance to the\npayer.\n","sortOrder":291},{"sectionNumber":"249","sectionType":"section","heading":"Reporting of offences","content":"249 Reporting of offences\nIf the Court of Disputed Returns finds a person has committed an\noffence against this Act or Part IV, Division 3 of the Criminal Code,\nthe Associate Judge must report the finding to the Attorney-\nGeneral, the Director of Public Prosecutions and the Minister.\n","sortOrder":292},{"sectionNumber":"250","sectionType":"section","heading":"Copy of decision and declaration to be given to Clerk of","content":"250 Copy of decision and declaration to be given to Clerk of\nLegislative Assembly\nThe Associate Judge must give the Clerk of the Legislative\nAssembly a copy of the decision of the Court of Disputed Returns\non the application and any declaration made for it by the Court.\n","sortOrder":293},{"sectionNumber":"251","sectionType":"section","heading":"Issue of writ if necessary","content":"251 Issue of writ if necessary\nIf on the hearing the Court of Disputed Returns declares an election\nvoid, the Administrator must issue the writ necessary to hold a fresh\n","sortOrder":294},{"sectionNumber":"252","sectionType":"section","heading":"Question relating to qualification or vacancy","content":"252 Question relating to qualification or vacancy\n(1) The Legislative Assembly may, by resolution, refer to the Court of\nDisputed Returns, a question relating to:\n(a) the qualification of a person to be an MLA; or\n(b) a vacancy in the Legislative Assembly.\n\nElectoral Act 2004 139\n(2) Immediately after the resolution is passed, the Speaker of the\nLegislative Assembly must give the Court:\n(a) a copy of the reference certified by the Speaker; and\n(b) the documents or other material in the possession of the\nLegislative Assembly relating to the reference.\n","sortOrder":295},{"sectionNumber":"253","sectionType":"section","heading":"Parties to proceeding","content":"253 Parties to proceeding\n(1) The Court of Disputed Returns may:\n(a) grant leave to a person interested to appear before it on the\ndecision of the reference; and\n(b) order service of a copy of the reference on the persons the\nCourt considers appropriate.\n(2) The persons mentioned in subsection (1)(a) or (b) are parties to the\nproceeding for the reference.\n","sortOrder":296},{"sectionNumber":"254","sectionType":"section","heading":"Decision on reference","content":"254 Decision on reference\nIn making its decision on the reference, the Court of Disputed\nReturns may make a declaration as follows:\n(a) a person was or was not qualified to be an MLA;\n(b) a vacancy does or does not exist in the number of MLAs.\n","sortOrder":297},{"sectionNumber":"255","sectionType":"section","heading":"Copy of decision and declaration to be given to Speaker","content":"255 Copy of decision and declaration to be given to Speaker\nThe Associate Judge must give the Speaker of the Legislative\nAssembly a copy of the decision of the Court of Disputed Returns\non the reference and any declaration made for it by the Court.\n","sortOrder":298},{"sectionNumber":"256","sectionType":"section","heading":"Application of Division","content":"256 Application of Division\nThis Division applies to the hearing of a proceeding for an\napplication under Division 2 or a reference under Division 3.\n","sortOrder":299},{"sectionNumber":"257","sectionType":"section","heading":"Hearing procedures","content":"257 Hearing procedures\n(1) The Court of Disputed Returns may adjourn the hearing for the\nperiod it considers appropriate.\n\nElectoral Act 2004 140\n(2) In conducting the hearing, the Court:\n(a) is not bound by the rules of evidence; and\n(b) may inform itself on a matter in a way it considers appropriate;\nand\n(c) may decide the procedures to be followed for the hearing.\n(3) However, the Court must comply with this Division and any rules\nregulating the practice and procedure of the Court.\n","sortOrder":300},{"sectionNumber":"258","sectionType":"section","heading":"General powers of Court","content":"258 General powers of Court\n(1) In conducting the hearing, the Court of Disputed Returns may:\n(a) compel the attendance of witnesses or the production of\ndocuments; or\n(b) examine witnesses on oath; or\n(c) receive evidence on affidavit or by statutory declaration.\n(2) In addition, in conducting the hearing of an application the Court\nmay:\n(a) grant to a party to the proceeding leave to:\n(i) inspect, in the presence of an officer nominated by the\nCourt, the rolls and other documents (except ballot\npapers) used for the election to which the application\nrelates; and\n(ii) take, in the presence of the officer, extracts from the rolls\nand documents; or\n(b) permit, at any stage of a proceeding and on the terms it\nconsiders appropriate, the amendments to the application or\nother pleadings it considers appropriate.\n","sortOrder":301},{"sectionNumber":"259","sectionType":"section","heading":"Hearing open to public","content":"259 Hearing open to public\nThe hearing must be open to the public.\n","sortOrder":302},{"sectionNumber":"260","sectionType":"section","heading":"Representation at hearing","content":"260 Representation at hearing\n(1) A party to the proceeding may not be represented at the hearing by\nan agent or legal practitioner other than with the consent of the\nother parties or by leave of the Court of Disputed Returns.\n\nElectoral Act 2004 141\n(2) Consent or leave may be given to allow only one agent or legal\npractitioner to appear for a party at the same time.\n","sortOrder":303},{"sectionNumber":"261","sectionType":"section","heading":"Contempt","content":"261 Contempt\nThe Court of Disputed Returns may punish a contempt of its\nauthority as if it were the Supreme Court and as if the contempt\nwere a contempt of the Supreme Court.\n","sortOrder":304},{"sectionNumber":"262","sectionType":"section","heading":"Decision final","content":"262 Decision final\nDespite any other Act, the decision of the Court of Disputed\nReturns on the hearing:\n(a) is final and conclusive; and\n(b) cannot be challenged, appealed against, reviewed, quashed,\nset aside or called into question in any court or tribunal on any\nground; and\n(c) is not subject to any proceedings for an injunction, declaration\nor order for prohibition or mandamus.\n","sortOrder":305},{"sectionNumber":"263","sectionType":"section","heading":"Rules of Court","content":"263 Rules of Court\nThe Judges of the Supreme Court (other than acting or additional\nJudges under that Act) or a majority of the Judges may make rules,\nnot inconsistent with this Act, for any of the following:\n(a) regulating the practice and procedure of the Court of Disputed\nReturns;\n(b) conferring on the Court additional powers necessary or\nconvenient for carrying out its functions;\n(c) any other provision necessary or convenient for carrying into\neffect this Part relating to the Court.\n\nElectoral Act 2004 142\n","sortOrder":306},{"sectionNumber":"264","sectionType":"section","heading":"Interfering with election right or duty","content":"264 Interfering with election right or duty\nA person must not interfere with the free exercise or performance,\nby another person, of a right or duty under this Act relating to an\n","sortOrder":307},{"sectionNumber":"265","sectionType":"section","heading":"Making false statements about entitlement to vote","content":"265 Making false statements about entitlement to vote\n(1) A person must not inform another person that the other person is\nnot an elector if the other person is an elector.\n(2) A person must not inform another person that the other person is\nnot an elector for a particular division if the other person is an\nelector for the division.\n","sortOrder":308},{"sectionNumber":"266","sectionType":"section","heading":"Improperly influencing voters","content":"266 Improperly influencing voters\n(1) A person must not, by violence or intimidation, influence the vote of\nanother person at an election.\n\nElectoral Act 2004 143\n(2) An officer must not, in exercising a power or performing a function\nunder this Act, do anything to influence the vote of another person\nat an election.\n","sortOrder":309},{"sectionNumber":"267","sectionType":"section","heading":"Secrecy of vote","content":"267 Secrecy of vote\n(1) A person who is present when a voter votes must not:\n(a) ascertain or disclose by word, act or in another way the voter's\nvote; or\n(b) directly or indirectly require, induce or attempt to induce the\nvoter to show how the voter intends to vote; or\n(c) communicate with or assist the voter while voting or look at\nthe voter's ballot paper; or\n(d) interfere with the voter's casting of a vote.\n(2) Subsection (1) does not apply to the extent a person acts under\nsection 67 or 87 or at the voter's request.\n","sortOrder":310},{"sectionNumber":"268","sectionType":"section","heading":"Definitions","content":"268 Definitions\nIn this Subdivision:\nalternate prohibition zone means an alternate prohibition zone\ndesignated under section 275A.\ncampaigning activity means any of the following:\n(a) canvassing for votes;\n(b) soliciting the vote of a person;\n(c) inducing a person not to vote for a particular candidate;\n(d) inducing a person not to vote at the election;\n\nElectoral Act 2004 144\n(e) exhibiting a notice or sign relating to the election.\ndesignated campaign area means an area designated under\nsection 275B.\ndistribute means print, publish, produce or disseminate.\nnewspaper means a newspaper published or distributed in the\nTerritory.\n","sortOrder":311},{"sectionNumber":"268A","sectionType":"section","heading":"Meaning of campaign material","content":"268A Meaning of campaign material\n(1) Campaign material is an advertisement, document or any other\nthing that is intended to promote the electoral prospect of a\nparticular candidate or group of candidates for an election.\n(2) Without limiting subsection (1), campaign material includes any of\nthe following:\n(a) an electoral advertisement;\n(b) a printed document containing an electoral matter (for\nexample, a handbill, pamphlet or how-to-vote card);\n(c) a message containing an electoral matter that is sent by\ntelephone or otherwise broadcast by electronic means;\n(d) material containing an electoral matter that is published.\n(3) The Commissioner may, in writing, declare a thing mentioned in\nsubsection (1) or (2) is not campaign material.\n(4) The Commissioner may do so only if the Commissioner is satisfied\nthe declaration is warranted having regard to all of the following:\n(a) any information contained in the thing and the way in which\nthe information is presented;\n(b) the person for whom the thing is created;\n(c) the way in which the thing is intended to be used or\ndistributed;\n(d) any other matters as the Commissioner considers appropriate.\n","sortOrder":312},{"sectionNumber":"269","sectionType":"section","heading":"Application of Division","content":"269 Application of Division\nThis Division applies to the publication or distribution of\nadvertisements, newspapers, electoral articles and other\ndocuments during the election period for an election.\n\nElectoral Act 2004 145\n","sortOrder":313},{"sectionNumber":"270","sectionType":"section","heading":"Offences relating to campaign material","content":"270 Offences relating to campaign material\n(1) A person must not publish or distribute any campaign material\nunless:\n(a) the material clearly states, in a sufficient font size to be read\nby the intended audience for the material and given the type of\nmaterial, the name and address of the person authorising the\npublication or distribution; and\n(ab) the material clearly identifies, in a sufficient font size to be\nread by the intended audience for the material and given the\ntype of material, the source of the funding for that material,\nwhether a political party, candidate, associated entity, third\nparty campaigner or otherwise; and\n(b) if the material is a printed document – the material includes\nthe name and address of the printer who printed the\ndocument; and\n(c) if the material is intended to be viewed from 2 sides – the\ninformation mentioned in paragraphs (a) and (b) is included on\nboth sides.\n(2) Subsection (1) does not apply to the announcement by\nadvertisement in a newspaper of the holding of a meeting.\n(3) A person must not publish or distribute any campaign material that:\n(a) is likely to:\n(i) mislead a voter; or\n(ii) deceive a voter; or\n(iii) improperly interfere with a voter casting a vote; or\n(b) contains an untrue or incorrect statement.\n","sortOrder":314},{"sectionNumber":"271","sectionType":"section","heading":"Offence relating to push-polling","content":"271 Offence relating to push-polling\n(1) A person must, before conducting any push-polling, state clearly\nthe name and address of the person authorising the push-polling:\n(a) for push-polling conducted by a telephone call – to the\nreceiver of the call; or\n\nElectoral Act 2004 146\n(b) for push-polling conducted in a meeting with another person –\nto the other person.\n(2) The person authorising the push-polling commits an offence if\nsubsection (1) is contravened because of an act or omission of the\npush-polling means any activity conducted as part of a telephone\ncall made, or a meeting held, during the election period for an\nelection, that:\n(a) is, or appears to be, a survey (for example, a telephone\nopinion call or telemarketing call); and\n(b) is intended to influence a voter in deciding their vote.\n","sortOrder":315},{"sectionNumber":"272","sectionType":"section","heading":"Heading of advertisements","content":"272 Heading of advertisements\n(1) This section applies to the publication in a newspaper of an\nadvertisement if any payment, reward, compensation or promise is\nor is to be made for the publication.\n(2) The proprietor of the newspaper must ensure the word\n\"advertisement\" is printed as a headline, in letters not smaller than\n10 point, to the advertisement.\nadvertisement means:\n(a) an article or paragraph containing electoral matter; or\n(b) a report of a speech of a candidate in an election.\n","sortOrder":316},{"sectionNumber":"273","sectionType":"section","heading":"Electoral articles to be signed or state particulars of author","content":"273 Electoral articles to be signed or state particulars of author\n(1) A person must not distribute a circular, pamphlet or handbill\ncontaining an electoral article unless:\n(a) the article is signed by the author; or\n\nElectoral Act 2004 147\n(b) the true name and address of the author is stated at the end of\nthe article.\n(2) The proprietor of a newspaper must ensure an electoral article\npublished in the newspaper contains the true name and address of\nthe author at the end of the article.\n(3) Subsections (1) and (2) do not apply to the publication in a\nnewspaper of:\n(a) a leading article; or\n(b) an article that consists solely of a report of a meeting and\ndoes not contain any comment, other than comment made by\na speaker at the meeting.\naddress, of the author of an electoral article, means:\n(a) if the author is the registered officer of registered party – the\nparty's address; or\n(b) if the author is the proprietor of a newspaper or an employee\nof the proprietor of a newspaper – the proprietor's business\naddress; or\n(c) otherwise – the street name (if any) and locality of the author's\nresidence.\n\nElectoral Act 2004 148\nelectoral article means an article, report, letter or other matter, or\npart of an article, report, letter or other matter, commenting on a\ncandidate or political party or the issues being submitted to, or\notherwise before, the electors at an election.\n","sortOrder":317},{"sectionNumber":"274","sectionType":"section","heading":"Exemptions for distribution of electoral articles","content":"274 Exemptions for distribution of electoral articles\n(1) Section 273(1) does not apply to electoral matter on any of the\nfollowing items unless the item includes a representation of a ballot\npaper:\n(a) a letter from an MLA that includes the name of the MLA and\nan indication that the person is an MLA;\n(b) a press release published by or for an MLA that includes the\nname of the MLA and an indication that the person is an MLA;\n(c) an annual report required under an Act or another publication\nof an Agency;\n(d) a business or visiting card that promotes the candidacy of a\nperson in an election.\npublication, of an Agency, does not include a publication that is\npublished for the first time within 6 months immediately before a\ngeneral election if the publication includes a picture of an MLA.\n","sortOrder":318},{"sectionNumber":"275","sectionType":"section","heading":"Campaigning activities near voting centres","content":"275 Campaigning activities near voting centres\n(1) Subject to section 275B, a person must not engage in a\ncampaigning activity during voting hours:\n(a) within 100 metres of the entrance of an election day voting\ncentre, including airspace; or\nelection day voting centre – within the alternate prohibition\nzone.\n(2) Subject to section 275B, a person must not engage in a\ncampaigning activity at any time during the election period other\nthan during voting hours:\n(a) within 10 metres of the entrance of an early voting centre; or\n\nElectoral Act 2004 149\nearly voting centre – within the alternate prohibition zone.\n(2A) Despite subsection (2), if an election day voting centre is situated\non grounds within an enclosure, the boundaries of the alternate\nprohibition zone must be the boundaries of the enclosure.\n(3) Subject to section 275B, a person must not engage in a\ncampaigning activity during the election period:\n(a) within 10 metres of the entrance of a mobile voting centre; or\nmobile voting centre – within the alternate prohibition zone.\n(4) A person must not engage in a campaigning activity by using a loud\nspeaker, public address system or any other tool to enhance the\nvolume of a sound to broadcast matter that is audible:\n(a) within 100 metres of the entrance of an election day voting\ncentre or a mobile voting centre during voting hours; or\n(b) within 10 metres of the entrance of an early voting centre or a\nmobile voting centre at any time during the election period\nother than during voting hours on election day; or\n(c) if an alternate prohibition zone has been designated for a\nvoting centre – within the alternate prohibition zone.\nMaximum penalty: 20 penalty units\n","sortOrder":319},{"sectionNumber":"275A","sectionType":"section","heading":"Alternate prohibition zone","content":"275A Alternate prohibition zone\n(1) The Commission may designate an alternate prohibition zone for a\nvoting centre.\n(2) The boundaries of the alternate prohibition zone must be\nbetween 10 and 100 metres of the voting centre.\n(3) Subject to subsection (4), the Commission must give written notice\nof the alternate prohibition zone to each candidate in the relevant\ndivision as soon as practicable after it is designated.\n\nElectoral Act 2004 150\n(4) If the alternate prohibition zone is designated on a day that a vote\nwill be cast at the voting centre, the Commission must give notice to\neach candidate in the relevant division and the notice must be\nreasonable and practicable in the circumstances.\n","sortOrder":320},{"sectionNumber":"275B","sectionType":"section","heading":"Designated campaign areas","content":"275B Designated campaign areas\n(1) The Commission may designate an area to be a designated\ncampaign area in a place where campaigning activity is prohibited\nunder section 275 or 275A.\n(2) A person may engage in the following conduct in a designated\ncampaign area:\n(a) canvass for votes;\n(b) solicit the vote of a person;\n(c) hand out how-to-vote cards.\n(3) A designated campaign area must be:\n(a) large enough to allow up to 3 campaigners for each candidate\nregistered in the relevant division; and\n(b) accessible to voters; and\n(c) avoidable by voters who do not wish to engage with\ncampaigners.\n(4) The Commission must give written notice of the designated\ncampaign area to each candidate in the relevant division as soon\nas practicable after it is designated.\n","sortOrder":321},{"sectionNumber":"276","sectionType":"section","heading":"Badges, emblems etc. in voting centres","content":"276 Badges, emblems etc. in voting centres\nA person must not wear or display in a voting centre a badge,\nemblem, poster or other thing associated with a political party or\n","sortOrder":322},{"sectionNumber":"277","sectionType":"section","heading":"Exhibition of electoral matter in voting centres","content":"277 Exhibition of electoral matter in voting centres\n(1) A person must not exhibit in a voting centre a card or paper\ncontaining electoral matter.\n\nSubdivision 3 Offences relating to compulsory voting and entitlement to vote\nElectoral Act 2004 151\n","sortOrder":323},{"sectionNumber":"278","sectionType":"section","heading":"Publication of statements regarding candidates","content":"278 Publication of statements regarding candidates\n(1) A person must not publish or authorise to be published, on behalf of\nan entity, a statement:\n(a) expressly or impliedly claiming a candidate in an election is\nassociated with, or supports the policy or activities of, the\nentity; or\n(b) expressly or impliedly advocating a candidate should be given\nthe first preference vote in an election.\n(2) Subsection (1) does not apply if the candidate gives written\nauthority to the publication of the statement.\n(3) In a proceeding for an offence against subsection (1), it must be\npresumed, unless the contrary is proved, that a statement\npurported to be made on behalf of an entity was made on behalf of\nthe entity.\n(4) This section does not apply to a statement that:\n(a) is published on behalf of a registered party; and\n(b) relates to a candidate nominated by the party who has publicly\ndeclared his or her candidature to be on behalf of, or in the\ninterests of, the party.\nSubdivision 3 Offences relating to compulsory voting and\nentitlement to vote\n","sortOrder":324},{"sectionNumber":"279","sectionType":"section","heading":"Compulsory vote","content":"279 Compulsory vote\n(1) An elector who is entitled to vote at an election must vote at the\nelection unless the elector has a valid and sufficient reason for not\nvoting.\nMaximum penalty: 1 penalty unit.\n(2) Without limiting subsection (1), an elector is taken to have a valid\nand sufficient reason for not voting at an election if the elector is\nprecluded from voting because of the elector's religious beliefs.\n\nElectoral Act 2004 152\n","sortOrder":325},{"sectionNumber":"280","sectionType":"section","heading":"Person may vote only once","content":"280 Person may vote only once\n(1) A person must not vote more than once at an election.\n","sortOrder":326},{"sectionNumber":"281","sectionType":"section","heading":"Offences relating to supplying and obtaining ballot papers","content":"281 Offences relating to supplying and obtaining ballot papers\n(1) A person must not supply a ballot paper unless authorised to do so\nfor this Act.\n(2) A person must not pretend to be someone else to obtain a ballot\npaper to which the person is not entitled.\n","sortOrder":327},{"sectionNumber":"282","sectionType":"section","heading":"Offences relating to marking ballot papers","content":"282 Offences relating to marking ballot papers\n(1) A person, other than a person acting under section 67 or 87, must\nnot mark a ballot paper other than a ballot paper issued to the\n(3) A person acting under section 67 or 87 must not mark a ballot\npaper other than in accordance with the voter's instructions.\n(4) A person acting under section 67 or 87 must not cause an officer to\nmark a ballot paper other than in accordance with the instructions of\nthe voter.\n\nElectoral Act 2004 153\n","sortOrder":328},{"sectionNumber":"283","sectionType":"section","heading":"Other offences relating to ballot papers and ballot boxes","content":"283 Other offences relating to ballot papers and ballot boxes\n(1) A person must not fraudulently place a ballot paper or other paper\nin a ballot box.\n(2) A person must not fraudulently take a ballot paper out of a voting\ncentre or scrutiny centre.\n(3) A person must not destroy, take or interfere with a ballot paper or\nballot box unless authorised to do so for this Act.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n(4) A person, other than an officer acting under this Act, must not open\na ballot box.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n","sortOrder":329},{"sectionNumber":"284","sectionType":"section","heading":"Forgery","content":"284 Forgery\n(1) A person must not forge an electoral paper.\n(2) A person must not forge the signature of any person on any\nelectoral paper.\nMaximum penalty 400 penalty units or imprisonment for\n\nElectoral Act 2004 154\n","sortOrder":330},{"sectionNumber":"285","sectionType":"section","heading":"Offences relating to postal ballot papers","content":"285 Offences relating to postal ballot papers\n(1) A person must not unlawfully induce or persuade a person to apply\nfor a postal ballot paper.\n(2) A person, other than an authorised officer for the division for which\na postal ballot paper has been issued, must not open a declaration\nenvelope in which a postal ballot paper has been placed under\nsection 67(4).\n(3) An offence against subsection (2) is a regulatory offence.\n(4) A person must not receive or take possession of a postal ballot\npaper other than in accordance with this Act.\n(5) An offence against subsection (4) is a regulatory offence.\n","sortOrder":331},{"sectionNumber":"286","sectionType":"section","heading":"Opening envelopes containing declaration votes","content":"286 Opening envelopes containing declaration votes\nA person must not open an envelope that appears to contain a\ncompleted declaration ballot paper unless authorised to do so for\n\nElectoral Act 2004 155\n","sortOrder":332},{"sectionNumber":"287","sectionType":"section","heading":"False or misleading statements","content":"287 False or misleading statements\n(1) A person must not, in an electoral paper, make a statement that is\nfalse or misleading in a material particular.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if it is established the defendant did not know, and\ncould not reasonably be expected to have known, that the relevant\nstatement was false or misleading in a material particular.\n(3) It is enough for a complaint against a person for an offence against\nsubsection (1) to state the statement was, without specifying which,\n\"false or misleading\" to the person's knowledge.\n","sortOrder":333},{"sectionNumber":"288","sectionType":"section","heading":"Defacement etc. of electoral papers","content":"288 Defacement etc. of electoral papers\nA person must not fraudulently deface, remove, mutilate or destroy\nan electoral paper unless authorised to do so under this Act.\n","sortOrder":334},{"sectionNumber":"289","sectionType":"section","heading":"Signatures","content":"289 Signatures\n(1) If a person is required by this Act to sign an electoral paper, the\nperson must sign it with his or her personal signature.\n(2) For subsection (1), if a person is unable to sign his or her name in\nwriting, the person must be taken to have signed an electoral paper\nif the person makes a mark on the paper by way of signature.\n\nElectoral Act 2004 156\n","sortOrder":335},{"sectionNumber":"290","sectionType":"section","heading":"Duty of witnesses","content":"290 Duty of witnesses\nA person (the witness) must not sign an electoral paper as witness\nunless:\n(a) the witness is satisfied of the identity of the person signing the\ndocument; and\n(b) the witness has seen the person sign the document; and\n(c) either of the following apply:\n(i) the witness knows the statements contained in the\ndocument are true;\n(ii) the witness is satisfied, on the basis of inquiries of the\nperson, the statements contained in the document are\ntrue.\n","sortOrder":336},{"sectionNumber":"291","sectionType":"section","heading":"Sending completed electoral papers","content":"291 Sending completed electoral papers\n(1) A person who accepts an electoral paper for sending to the\nCommission must immediately post or deliver it to the Commission.\n","sortOrder":337},{"sectionNumber":"292","sectionType":"section","heading":"Improper influence of officials","content":"292 Improper influence of officials\nA person must not do anything improper for the purpose of\ninfluencing any of the following in the exercise or performance of\nthe person's powers or functions under this Act:\n(a) the Commission;\n(b) a member of the Redistribution Committee;\n(c) the Commissioner or an officer.\n\nElectoral Act 2004 157\n","sortOrder":338},{"sectionNumber":"293","sectionType":"section","heading":"Identification of voters and votes","content":"293 Identification of voters and votes\n(1) An officer must not make a mark on a ballot paper that would be\nlikely to enable the identification, directly or indirectly, of the person\nwho votes on the ballot paper.\n(2) An officer or scrutineer must not, directly or indirectly, disclose any\ninformation acquired in the exercise of functions under this Act that\nwould be likely to enable it to be known how an identified voter has\nvoted.\n(3) In subsection (2):\nofficer includes a person who has been, but is no longer, an officer.\nscrutineer includes a person who has been, but is no longer, a\nscrutineer.\n","sortOrder":339},{"sectionNumber":"294","sectionType":"section","heading":"Responses to official questions","content":"294 Responses to official questions\n(1) A person must not, in answer to an official question, make a\nstatement that is false or misleading in a material particular.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if it is established that the defendant did not know,\nand could not reasonably be expected to have known, that the\nrelevant statement was false or misleading in a material particular.\n(3) It is enough for a complaint against a person for an offence against\nsubsection (1) to state the statement was, without specifying which,\n\"false or misleading\" to the person's knowledge.\n","sortOrder":340},{"sectionNumber":"295","sectionType":"section","heading":"Control of behaviour at voting centres and scrutiny centres","content":"295 Control of behaviour at voting centres and scrutiny centres\n(1) A person must not enter or remain in a voting centreor scrutiny\ncentre except with the permission, express or implied, of the officer\nin charge of the place or centre.\n\nElectoral Act 2004 158\n(3) Subsection (1) does not apply to:\n(a) an officer; or\n(b) a scrutineer unless the scrutineer is, under section 47(5), no\nlonger entitled to be at the voting centre or scrutiny centre; or\n(c) for a voting centre – a person voting or about to vote.\n(4) A person must not disrupt an activity being carried out under this\nAct at a voting centre or scrutiny centre.\n(5) If an authorised officer at a voting centre or scrutiny centre\nreasonably believes a person's conduct is likely to disrupt an\nactivity being carried out under this Act at the place or centre, the\nofficer may direct the person to leave and stay away from the place\nor centre.\n(6) The person must not, without reasonable excuse, disobey the\ndirection.\n(7) A person who does not comply with the direction may be removed\nfrom the place by a police officer.\n(8) A scrutineer must not, without reasonable excuse, communicate\nwith any person in a voting centre other than in the exercise of the\nscrutineer's functions.\n(9) A scrutineer must not, without reasonable excuse, interfere with or\nattempt to influence a voter at a voting centre.\n","sortOrder":341},{"sectionNumber":"296","sectionType":"section","heading":"Evidentiary provisions","content":"296 Evidentiary provisions\n(1) This section applies to a legal proceeding under this Act.\n(2) A signature purporting to be the signature of the Commissioner is\nevidence of the signature it purports to be.\n\nElectoral Act 2004 159\n(3) A certificate purporting to be signed by the Commissioner stating\nany of the following matters is evidence of the matter:\n(a) on a day a person was or was not enrolled for a division;\n(b) a document is a copy of a notice given under this Act;\n(c) on a day a person was given a notice under this Act;\n(d) a person was or was not declared to be a candidate for an\nelection;\n(e) a nomination of a person to be a candidate in an election was\nrejected;\n(f) an election was properly held;\n(g) a person was or was not given a ballot paper for an election;\n(h) a person voted or failed to vote in an election;\n(i) on a day or during a period a person was or was not\nregistered as the reporting agent of a registered party or\ncandidate;\n(j) on a day or during a period no reporting agent was registered\nfor a registered party or candidate;\n(k) on a day a person was or was not an authorised officer or\nofficer;\n(l) on a day a person was or was not the delegate of the\nCommission or Commissioner;\n(m) a matter prescribed by the Regulations.\n(4) In subsection (3), a reference to a person or thing is a reference to\na person or thing stated in the certificate.\n","sortOrder":342},{"sectionNumber":"297","sectionType":"section","heading":"Time limit for starting prosecutions","content":"297 Time limit for starting prosecutions\nDespite section 52 of the Local Court (Criminal Procedure)\nAct 1928, a prosecution for an offence against:\n(a) a provision of Part 9A or 10 may be started at any time within\n4 years after commission of the offence; or\n(b) any other provision of this Act may be started at any time\nwithin 12 months after commission of the offence.\n\nElectoral Act 2004 160\n","sortOrder":343},{"sectionNumber":"298","sectionType":"section","heading":"Conduct of representatives","content":"298 Conduct of representatives\n(1) If, in a proceeding for an offence against this Act, it is necessary to\nestablish a person's state of mind in relation to particular conduct, it\nis sufficient to show:\n(a) the conduct was engaged in by a representative of the person,\nwithin the scope of the representative's actual or apparent\nauthority; and\n(b) the representative had that state of mind.\n(2) For a proceeding for an offence against this Act, conduct engaged\nin on behalf of a person by a representative within the scope of the\nrepresentative's actual or apparent authority is taken to have been\nengaged in also by the person.\n(3) However, a natural person is not liable to be punished by\nimprisonment for an offence against this Act if the person would not\nhave been found guilty of the offence if subsection (1) or (2) had not\nbeen enacted.\nengaging in conduct includes failing or refusing to engage in\nconduct.\nrepresentative means:\n(a) of a body corporate – an executive officer, employee or agent\nof the body corporate; or\n(b) of a natural person – an employee or agent of the person.\nstate of mind of a person includes:\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\n","sortOrder":344},{"sectionNumber":"300","sectionType":"section","heading":"When infringement notice may be served","content":"300 When infringement notice may be served\n(1) If the Commission believes a person has committed an\ninfringement offence, the Commission may serve a notice (an\ninfringement notice) on the person.\n\nElectoral Act 2004 161\n(2) If the infringement offence is an offence against section 279(1), the\nnotice must be served within 3 months after the declaration of the\nelection to which the offence relates.\n(3) However, the Commission must not serve an infringement notice\nfor an offence against section 279(1) on an elector whose name is\non the register kept under section 344.\n","sortOrder":345},{"sectionNumber":"301","sectionType":"section","heading":"Particulars to be included in infringement notice","content":"301 Particulars to be included in infringement notice\n(1) An infringement notice must state the following:\n(a) the name and address of the alleged offender;\n(b) the date, time and place of the offence;\n(c) the nature of the offence and the prescribed amount payable\nfor the offence;\n(d) the alleged offender may pay the prescribed amount to the\nCommission and the Commission's address;\n(e) the date of the notice and a statement that the prescribed\namount may be paid within 28 days after that date;\n(f) a statement to the effect that, if the alleged offender wishes to\npay the prescribed amount, the offender should complete the\nrelevant part of the notice and return the notice with the\nprescribed amount to the person stated in the notice;\n(g) a statement to the effect that, if the alleged offender wishes to\nbe dealt with by a court for the offence, the offender should\nnot pay the prescribed amount but should complete the\nrelevant part of the notice and return the notice to the person\nstated in the notice;\n(h) a statement that, if the alleged offender does nothing in\nresponse to the notice, a summons may be issued requiring\nthe alleged offender to appear before the Local Court to be\ndealt with for the offence.\n(2) An infringement notice may include other particulars decided by the\n","sortOrder":346},{"sectionNumber":"302","sectionType":"section","heading":"Expiation of offence","content":"302 Expiation of offence\nIf the prescribed amount for the infringement offence is paid in\naccordance with the infringement notice, the alleged offence is\nexpiated and no further proceedings can be taken in relation to the\noffence unless the notice is withdrawn under section 304.\n\nElectoral Act 2004 162\n","sortOrder":347},{"sectionNumber":"303","sectionType":"section","heading":"Payment by cheque","content":"303 Payment by cheque\nIf the alleged offender tenders a cheque in payment of the\nprescribed amount, the amount is not taken to have been paid\nunless the cheque is cleared on presentation.\n","sortOrder":348},{"sectionNumber":"304","sectionType":"section","heading":"Withdrawal of infringement notice","content":"304 Withdrawal of infringement notice\n(1) The Commission may withdraw the infringement notice by written\nnotice served on the alleged offender.\n(2) The notice must be served within 28 days after service of the\ninfringement notice but before payment of the prescribed amount.\n","sortOrder":349},{"sectionNumber":"305","sectionType":"section","heading":"How service effected","content":"305 How service effected\nService of an infringement notice or a notice of withdrawal of an\ninfringement notice must be effected by:\n(a) delivering it to the alleged offender personally; or\n(b) posting it to the alleged offender at the alleged offender's last\nknown address; or\n(c) leaving it for the alleged offender at the alleged offender's last\nknown place of residence or business with a person who\nappears to be at least 16 years old and resident or employed\nthere.\n","sortOrder":350},{"sectionNumber":"306","sectionType":"section","heading":"Application of Part","content":"306 Application of Part\n(1) Subject to section 302, this Part does not prejudice or affect the\nstart or continuing of proceedings for an infringement offence and\ndoes not limit the penalty that may be imposed by a court for the\noffence.\n(2) In addition, this Part does not prevent more than one infringement\nnotice for the same offence being served on an alleged offender\nand, for section 302, it is sufficient for the alleged offender to pay\nthe prescribed amount in accordance with any of the notices.\n(3) Also, this Part does not require an infringement notice to be served\nand does not affect the liability of a person to be prosecuted in a\ncourt for an infringement offence for which an infringement notice\nhas not been served.\n\nElectoral Act 2004 163\n307 Establishment\nThe Northern Territory Electoral Commission is established.\n308 Composition\nThe Commission consists solely of the Commissioner.\n309 Functions\n(1) The Commission's functions are as follows:\n(a) to maintain rolls and conduct elections under this Act;\n(b) to advise the Minister on matters relating to elections;\n(c) to consider, and report to the Minister on, matters relating to\nelections referred to it by the Minister;\n(d) to promote public awareness of matters relating to elections\nand the Legislative Assembly by conducting education and\ninformation programs and in any other way it chooses;\n(e) to provide information and advice on matters relating to\nelections to the Legislative Assembly, an Executive body, the\nhead of an Agency, Territory authorities, political parties,\nMLAs and candidates at elections;\n(f) to conduct and promote research into matters relating to\nelections or other matters relating to its functions;\n(g) to publish material on matters relating to its functions;\n(h) to provide, on payment of the fee decided by it, goods and\nservices to persons or organisations, to the extent that it is\nable to do so by using information or material in its possession\nor expertise acquired in the exercise of its functions;\n(i) to conduct ballots for persons and organisations;\n(j) to perform any other function given to it under this or another\nAct.\n(2) The Commission may exercise a function under subsection (1)(a)\nto (f) (inclusive) in conjunction with the Australian Electoral\n\nElectoral Act 2004 164\nelection includes a referendum and any other ballot.\nExecutive body means:\n(a) the Executive Council or a committee of the Executive\nCouncil; or\n(b) Cabinet or a committee of Cabinet.\n","sortOrder":351},{"sectionNumber":"310","sectionType":"section","heading":"Powers","content":"310 Powers\nThe Commission may do all things necessary or convenient to be\ndone for or in relation to the performance of its functions.\n","sortOrder":352},{"sectionNumber":"311","sectionType":"section","heading":"Delegation","content":"311 Delegation\n(1) The Commission may, in writing, delegate to a person any of its\npowers or functions under this Act.\n(2) However, the Commission may delegate a power or function only to\na person the Commission is satisfied has the appropriate\nqualifications or experience to exercise the power or perform the\nfunction.\n","sortOrder":353},{"sectionNumber":"312","sectionType":"section","heading":"Status","content":"312 Status\n(1) For the Public Sector Employment and Management Act 1993, the\nCommission is an Agency.\n(2) The Commission is not subject to the direction or control of the\nMinister in the exercise or performance of its powers or functions.\n","sortOrder":354},{"sectionNumber":"313","sectionType":"section","heading":"Reports by commission","content":"313 Reports by commission\n(1) As soon as practicable after, but not more than 4 months after, the\nend of each financial year, the Commission must give the Speaker\na report of the Commission's operations during the year.\n(2) In addition, the Commission may give the Speaker a report on any\nmatter relating to its functions.\n(3) The Speaker must table a copy of a report given to the Speaker\nunder subsection (1) or (2) in the Legislative Assembly within\n3 sitting days after the Speaker receives the report.\n\nElectoral Act 2004 165\n","sortOrder":355},{"sectionNumber":"313A","sectionType":"section","heading":"Code of conduct for campaign workers","content":"313A Code of conduct for campaign workers\n(1) The Commission may issue a code of conduct for campaign\nworkers.\n(2) The Commission must consult with the leader of each registered\nparty and each unendorsed MLA on the content of the code of\nconduct before issuing the code.\n","sortOrder":356},{"sectionNumber":"Part 15","sectionType":"part","heading":"Electoral Commissioner and staff of","content":"Part 15 Electoral Commissioner and staff of\nCommission\n","sortOrder":357},{"sectionNumber":"314","sectionType":"section","heading":"Appointment of Electoral Commissioner","content":"314 Appointment of Electoral Commissioner\n(1) There is to be an Electoral Commissioner.\n(2) The Administrator may appoint an eligible person to be the\nElectoral Commissioner.\n(3) The appointment may be made only after receiving a\nrecommendation of the Legislative Assembly.\n(4) The Minister must table a copy of the appointment in the Legislative\nAssembly within 6 sitting days after the appointment is made.\n","sortOrder":358},{"sectionNumber":"314A","sectionType":"section","heading":"Eligibility for appointment","content":"314A Eligibility for appointment\n(1) A person is an eligible person for appointment as the Electoral\nCommissioner if:\n(a) the person has suitable qualifications or experience relating to\nthe Commissioner's functions; and\n(b) the person is committed to the purposes of this Act and its\nunderlying principles; and\n(c) the person is not any of the following:\n(i) a judicial officer;\n(ii) a member of an Australian parliament;\n(iii) a member of a local government council or of an\nequivalent body in a State or another Territory;\n\nElectoral Act 2004 166\n(iv) a member of a political party; and\n(d) the person does not have a recent political affiliation.\n(2) For subsection (1)(d), a person has a recent political affiliation if, at\nany time during the previous 5 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n(b) was an office holder or elected representative of a political\nparty in the Territory or elsewhere in Australia; or\n(c) was a member of staff of a minister; or\n(d) made a reportable donation to a political party, or an\nassociated entity of a political party, in the Territory or\nelsewhere in Australia.\n(3) For subsection (2)(d), a person made a reportable donation if it was\nmade by the person or by a body corporate of which the person\nwas an office holder or majority shareholder at the time the\ndonation was made.\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 or under a similar law in force\nin the Commonwealth or in a State or another Territory.\n","sortOrder":359},{"sectionNumber":"315","sectionType":"section","heading":"Chief Executive Officer","content":"315 Chief Executive Officer\nFor the Public Sector Employment and Management Act 1993, the\nCommissioner is the Chief Executive Officer of the Commission.\n","sortOrder":360},{"sectionNumber":"316","sectionType":"section","heading":"Functions","content":"316 Functions\nThe Commissioner has the functions given to the Commissioner\nunder this or another Act.\n","sortOrder":361},{"sectionNumber":"317","sectionType":"section","heading":"Powers","content":"317 Powers\nThe Commissioner may do all things necessary or convenient to be\ndone for or in relation to the performance of the Commissioner's\nfunctions.\n","sortOrder":362},{"sectionNumber":"318","sectionType":"section","heading":"Approved forms","content":"318 Approved forms\n(1) The Commissioner may approve forms for use under this Act.\n\nElectoral Act 2004 167\n(2) An approved form may be a statutory declaration or an unattested\ndeclaration.\n","sortOrder":363},{"sectionNumber":"319","sectionType":"section","heading":"Delegation","content":"319 Delegation\n(1) The Commissioner may, in writing, delegate to a person any of the\nCommissioner's powers or functions under this Act.\n(2) However, the Commissioner may delegate a power or function only\nto a person the Commissioner is satisfied has the appropriate\nqualifications or experience to exercise the power or perform the\nfunction.\n","sortOrder":364},{"sectionNumber":"320","sectionType":"section","heading":"Term of appointment","content":"320 Term of appointment\n(1) The appointment of a person as the Commissioner is for a period of\n5 years.\n(2) A person who is the Commissioner may be reappointed, if still\neligible, for one further period of 5 years.\n","sortOrder":365},{"sectionNumber":"321","sectionType":"section","heading":"Conditions of appointment","content":"321 Conditions of appointment\n(1) The Commissioner holds office on the conditions, including\nconditions about remuneration, expenses and allowances,\ndetermined by the Administrator.\n(2) The Commissioner's conditions of office:\n(a) cannot provide any conditions (for example as to\nremuneration) that are contingent on the Commissioner's\nperformance in office; and\n(b) cannot be varied during the Commissioner's term in office.\n","sortOrder":366},{"sectionNumber":"322","sectionType":"section","heading":"Vacancy in office","content":"322 Vacancy in office\n(1) The office of Commissioner becomes vacant if:\n(a) the Commissioner resigns under section 323; or\n(b) the Commissioner's appointment is terminated under\nsection 324; or\n(c) the Commissioner is found guilty of an offence, whether in the\nTerritory or elsewhere, for which the maximum penalty is\nimprisonment for a term of at least 12 months, with or without\na fine; or\n\nElectoral Act 2004 168\n(d) the Commissioner is sentenced to imprisonment for an\noffence, whether in the Territory or elsewhere and whether or\nnot the sentence is suspended; or\n(e) the Commissioner becomes bankrupt, applies to take the\nbenefit of a law for the relief of bankrupt or insolvent debtors,\ncompounds with creditors or makes an assignment of\nremuneration for their benefit; or\n(f) the Commissioner becomes a candidate for election as a\nmember of an Australian parliament or a local government\ncouncil; or\n(g) the Commissioner is no longer an eligible person for\nappointment.\n(2) A decision, an act or an omission of the Commissioner is not invalid\nonly because of a defect in the appointment of the Commissioner,\nincluding not being an eligible person for appointment.\n","sortOrder":367},{"sectionNumber":"323","sectionType":"section","heading":"Resignation","content":"323 Resignation\nThe Commissioner may resign office by written notice given to the\nAdministrator.\n","sortOrder":368},{"sectionNumber":"324","sectionType":"section","heading":"Suspension and termination of appointment","content":"324 Suspension and termination of appointment\n(1) The Administrator may suspend the Commissioner from duty if:\n(a) the Commissioner becomes physically or mentally incapable\nof satisfactorily performing official duties; or\n(b) the Commissioner engages in corrupt conduct as defined in\nsection 10 of the Independent Commissioner Against\nCorruption Act 2017; or\n(c) the Commissioner engages in paid employment outside the\nduties of office without the Minister's approval; or\n(d) the Commissioner is absent from duty, without the approval of\nthe Minister and without reasonable excuse, for\n28 consecutive days or for 42 days in any period of\n(2) The Minister must immediately give the Commissioner a statement\nof reasons for the suspension.\n(3) The Minister must table in the Legislative Assembly the statement\nand any written response by the Commissioner within 6 sitting days\nafter the suspension.\n\nElectoral Act 2004 169\n(4) If, within 6 sitting days after the statement is tabled, a resolution of\nthe Legislative Assembly is passed by a two-thirds majority of all of\nthe Assembly requiring the Administrator to terminate the\nCommissioner's appointment, the Administrator must terminate the\nCommissioner's appointment.\n(5) The suspension of the Commissioner is lifted if:\n(a) the Minister does not table the statement under\nsubsection (3); or\n(b) the Legislative Assembly does not pass a resolution in\naccordance with subsection (4).\n(6) The Commissioner is entitled to be paid remuneration and\nallowances during the period of suspension.\n","sortOrder":369},{"sectionNumber":"325","sectionType":"section","heading":"Leave of absence","content":"325 Leave of absence\nThe Minister may grant the Commissioner leave of absence on the\nconditions decided by the Minister.\n","sortOrder":370},{"sectionNumber":"326","sectionType":"section","heading":"Acting Commissioner","content":"326 Acting Commissioner\n(1) The Administrator may appoint an eligible person for appointment\nas the Commissioner to act as the Commissioner:\n(a) during a vacancy in the office; or\n(b) during a period, or all periods, when the Commissioner, or\nanother Acting Commissioner, is unable, or unavailable, to\nperform official duties.\n(2) An appointment to act as the Commissioner during a vacancy in the\noffice may only be for a period or periods not exceeding in\naggregate 6 months in any 12 month period.\n(3) If the office of Commissioner is vacant for a period of 18 months, no\nfurther appointment to act as the Commissioner during the vacancy\ncan be made.\n(4) An Acting Commissioner holds office on the conditions, including\nconditions about remuneration, expenses and allowances,\ndetermined by the Administrator.\n\nElectoral Act 2004 170\n","sortOrder":371},{"sectionNumber":"327","sectionType":"section","heading":"Oath before taking office","content":"327 Oath before taking office\n(1) Before performing any functions as Commissioner, the\nCommissioner must take an oath that the Commissioner will\nfaithfully, impartially and truly perform the functions of the\nCommissioner according to law.\n(2) Before performing any functions as Acting Commissioner, an Acting\nCommissioner must take an oath that the Acting Commissioner will\nfaithfully, impartially and truly perform the functions for which the\nActing Commissioner is appointed, according to law.\n(3) The oath must be administered:\n(a) for the Commissioner – by the Administrator; or\n(b) for an Acting Commissioner – by the Administrator or the\nMinister.\n","sortOrder":372},{"sectionNumber":"328","sectionType":"section","heading":"Staff and consultants","content":"328 Staff and consultants\n(1) All members of the Commission's staff are to be public sector\nemployees.\n(2) A person who assists the Commission under an arrangement\nmentioned in section 329(1) is, while assisting the Commission,\ntaken to be a member of the Commission's staff.\n(3) The Commission may engage the consultants the Commission\nconsiders necessary for the performing the Commission's functions.\n","sortOrder":373},{"sectionNumber":"329","sectionType":"section","heading":"Sharing staff and physical resources","content":"329 Sharing staff and physical resources\n(1) The Commission may make arrangements for a person who is:\n(a) a member of the staff of another statutory office to assist the\nCommission; or\n(b) a member of the Commission's staff to assist the holder of\nanother statutory office.\n(2) The Commission may make arrangements for the use by:\n(a) the Commission's office of the physical resources of another\nstatutory office; or\n(b) another statutory office of the physical resources of the\nCommission's office.\n\nElectoral Act 2004 171\n","sortOrder":374},{"sectionNumber":"330","sectionType":"section","heading":"Officers","content":"330 Officers\n(1) The Commission may appoint a person to be an officer for this Act.\n(2) Without limiting subsection (1), the officers include:\n(a) the officer in charge of a voting centre; and\n(b) the officer in charge of a scrutiny centre; and\n(c) an officer for a poll or the scrutiny for an election.\n(3) However, a person who is under 18 years must not be appointed an\nofficer.\n(4) In addition, a candidate or a spouse or de facto partner of a\ncandidate must not be appointed an officer.\n","sortOrder":375},{"sectionNumber":"331","sectionType":"section","heading":"Establishment","content":"331 Establishment\nFor each redistribution, a Redistribution Committee is established.\n","sortOrder":376},{"sectionNumber":"332","sectionType":"section","heading":"Composition","content":"332 Composition\nThe Redistribution Committee consists of the following members:\n(a) the Commissioner;\n(b) the Surveyor-General;\n(c) the Auditor-General;\n(d) the appointed member.\n","sortOrder":377},{"sectionNumber":"333","sectionType":"section","heading":"Chairperson","content":"333 Chairperson\nThe appointed member is the Chairperson of the Redistribution\nCommittee.\n","sortOrder":378},{"sectionNumber":"336","sectionType":"section","heading":"Appointment of appointed member","content":"336 Appointment of appointed member\n(1) The Administrator must, by Gazette notice, appoint a person as a\nmember of the Redistribution Committee (the appointed member).\n\nElectoral Act 2004 172\n(2) A person is eligible for appointment as the appointed member of the\nCommittee only if:\n(a) the person has served as, or is qualified for appointment as, a\nSupreme Court Judge or Local Court Judge; and\n(b) the person:\n(i) is not a member of a political party; and\n(ii) the person does not have a recent political affiliation.\n(2A) For subsection (2)(b)(ii), a person has a recent political affiliation if,\nat any time during the previous 5 years, the person:\n(a) was a member of the Legislative Assembly or a local\ngovernment council; or\n(b) was an office holder or elected representative of a political\nparty in the Territory or elsewhere in Australia; or\n(c) was a member of staff of a minister; or\n(d) made a reportable donation to a political party or an\nassociated entity of a political party, in the Territory or\nelsewhere in Australia.\n(2B) For subsection (2A)(d), a person made a reportable donation if it\nwas made by the person or by a body corporate of which the\nperson was an office holder or majority shareholder at the time the\ndonation was made.\n(3) Before a person mentioned in subsection (2) is appointed, the\nMinister must consult the following persons about the proposed\nappointment:\n(a) the leader of each political party represented in the Legislative\nAssembly;\n(b) all MLAs who are not also members of a political party\nrepresented in the Legislative Assembly.\n(3A) In this section:\nreportable donation means a gift or loan that is required to be\ndisclosed or reported under Part 10 or under a similar law in force\nin the Commonwealth or in a State or another Territory.\n\n","sortOrder":379},{"sectionNumber":"Div 3","sectionType":"division","heading":"Functions, powers and procedures of Redistribution Committee","content":"Division 3 Functions, powers and procedures of Redistribution Committee\nElectoral Act 2004 173\n","sortOrder":380},{"sectionNumber":"337","sectionType":"section","heading":"Term of appointed member's appointment","content":"337 Term of appointed member's appointment\nThe appointed member holds office from the date of the member's\nappointment until the date the Redistribution Committee is\ndissolved.\n","sortOrder":381},{"sectionNumber":"338","sectionType":"section","heading":"Conditions of appointment","content":"338 Conditions of appointment\nThe appointed member holds office on the conditions (including\nconditions about remuneration, expenses and allowances)\ndetermined by the Administrator and stated in the appointment.\n","sortOrder":382},{"sectionNumber":"340","sectionType":"section","heading":"Dissolution","content":"340 Dissolution\nThe Redistribution Committee is dissolved on its giving the\nCommissioner a report on the redistribution for which it is\nestablished.\nDivision 3 Functions, powers and procedures of\nRedistribution Committee\n","sortOrder":383},{"sectionNumber":"341","sectionType":"section","heading":"Functions","content":"341 Functions\n(1) The Redistribution Committee has functions given to it under Part 8\nfor conducting redistributions.\n(2) The Commission must give the Redistribution Committee the\ninformation and assistance the Committee requires for performing\nits functions.\n","sortOrder":384},{"sectionNumber":"342","sectionType":"section","heading":"Powers","content":"342 Powers\nThe Redistribution Committee may do all things necessary or\nconvenient to be done for or in relation to the performance of its\nfunctions.\n","sortOrder":385},{"sectionNumber":"343","sectionType":"section","heading":"Procedures","content":"343 Procedures\n(1) Subject to subsection (2), the Redistribution Committee may:\n(a) regulate the conduct of proceedings at its meetings as it\nconsiders appropriate; and\n(b) inform itself in any way it considers appropriate.\n(2) At a meeting of the Redistribution Committee, the Chairperson has\na casting vote as well as a deliberative vote in the event of an\nequality of votes.\n\nElectoral Act 2004 174\n","sortOrder":386},{"sectionNumber":"344","sectionType":"section","heading":"Register of electors precluded from voting because of","content":"344 Register of electors precluded from voting because of\nreligious beliefs\nThe Commission must keep a register of electors who give the\nCommission a statutory declaration stating the elector is precluded\nfrom voting because of the elector's religious beliefs.\n","sortOrder":387},{"sectionNumber":"345","sectionType":"section","heading":"Storage and destruction of electoral papers","content":"345 Storage and destruction of electoral papers\n(1) This section applies to electoral papers in the Commission's\npossession that were used for an election.\n(2) The Commissioner must securely store the electoral papers until\nsatisfied they are no longer required for exercising a power or\nperforming a function under this Act.\n(3) The Commissioner may destroy the electoral papers when they are\nno longer required as mentioned in subsection (2).\n","sortOrder":388},{"sectionNumber":"346","sectionType":"section","heading":"Protection from liability","content":"346 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) the Commissioner; or\n(b) an officer; or\n(c) a member of the Commission's staff.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n","sortOrder":389},{"sectionNumber":"347","sectionType":"section","heading":"Regulations","content":"347 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nElectoral Act 2004 175\n(2) The Regulations may provide for any of the following:\n(a) fees payable, and the refund (wholly or partly) of fees paid,\nunder this Act;\n(b) the designation of an offence against a regulation as a\nregulatory offence;\n(c) penalties for offences against the Regulations not exceeding\n100 penalty units for a natural person and 500 penalty units\nfor a body corporate.\n(3) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to stated exceptions or factors.\n","sortOrder":390},{"sectionNumber":"348","sectionType":"section","heading":"Definitions","content":"348 Definitions\nIn this Part:\ncommencement date means the date on which this Part comes\ninto operation.\nformer division has the meaning in section 350.\nnew division has the meaning in section 350.\nrepealed Act means the Northern Territory Electoral Act 1995 as in\nforce immediately before the commencement date.\n","sortOrder":391},{"sectionNumber":"349","sectionType":"section","heading":"Repeal","content":"349 Repeal\nThe Northern Territory Electoral Act 1995 (No. 37 of 1995) is\nrepealed.\n","sortOrder":392},{"sectionNumber":"350","sectionType":"section","heading":"Divisions","content":"350 Divisions\nA division under the repealed Act as in force immediately before the\ncommencement date (the former division) is a division for this Act\nwith the same boundaries and name (the new division).\n\nElectoral Act 2004 176\n351 MLAs\nA person who, immediately before the commencement date, was a\nmember of the Legislative Assembly for the former division is taken\nto be the MLA for the new division.\n","sortOrder":393},{"sectionNumber":"352","sectionType":"section","heading":"Rolls","content":"352 Rolls\nA roll of electors kept under the repealed Act for the former division\nand in force immediately before the commencement date is taken\nto be the roll kept under this Act for the new division.\n","sortOrder":394},{"sectionNumber":"353","sectionType":"section","heading":"Arrangement with Commonwealth","content":"353 Arrangement with Commonwealth\nThe arrangement made under section 27 of the repealed Act and in\nforce immediately before the commencement date is taken to be an\narrangement made under section 20 of this Act.\n","sortOrder":395},{"sectionNumber":"354","sectionType":"section","heading":"Register of electors not voting because of religious beliefs","content":"354 Register of electors not voting because of religious beliefs\n(1) A religious beliefs register kept under the repealed Act for the\nformer division and in force immediately before the commencement\ndate is taken to be the register required to be kept under\nsection 344 for the new division.\nreligious beliefs register means a register of the names and\naddresses of persons who have given the person's religious beliefs\nas an explanation for not having voted at an election.\n","sortOrder":396},{"sectionNumber":"355","sectionType":"section","heading":"Pending election","content":"355 Pending election\n(1) If, immediately before the commencement date, a writ for an\nelection issued under the repealed Act had not been returned under\nthat Act, the repealed Act, other than Part 12, applies to the election\nas if it had not been repealed.\n(2) For subsection (1), the repealed Act applies as if a reference to an\nofficer under that Act were a reference to the Commissioner or\nother officer under this Act.\n(3) On the declaration of the results of the election:\n(a) the candidate returned as elected for the former division is\ntaken to be the MLA for the new division; and\n(b) Part 12 of this Act applies to the election.\n\nElectoral Act 2004 177\n","sortOrder":397},{"sectionNumber":"356","sectionType":"section","heading":"Pending legal proceedings","content":"356 Pending legal proceedings\n(1) If, immediately before the commencement date, a proceeding under\n","sortOrder":398},{"sectionNumber":"Part 12","sectionType":"part","heading":"of the repealed Act had not been decided, the proceeding","content":"Part 12 of the repealed Act had not been decided, the proceeding\nmay be heard and decided under that Act as if it had not been\nrepealed.\n(2) For subsection (1):\n(a) the Election Tribunal established under the repealed Act is\ncontinued; and\n(b) the Judge constituting the Tribunal immediately before the\ncommencement date continues to constitute the Tribunal; and\n(c) a decision or declaration of the Tribunal is taken to be a\ndecision or declaration of the Court of Disputed Returns under\nPart 12, Division 2 or 3 of this Act.\n(3) If, immediately before the commencement date, the Chief Electoral\nOfficer was a party to a legal proceeding pending or existing in any\ncourt or tribunal, the Commission is substituted for the Chief\nElectoral Officer as a party to the proceeding and has the same\nrights and obligations the Chief Electoral Officer had in the\nproceeding.\n","sortOrder":399},{"sectionNumber":"357","sectionType":"section","heading":"Chief Electoral Officer","content":"357 Chief Electoral Officer\n(1) The person holding office as the Chief Electoral Officer (the former\noffice) under the repealed Act immediately before the\ncommencement date holds office as the Commissioner on the\nconditions on which the person held the former office until the\nearlier of the following:\n(a) the person's term of appointment to the former office ends;\n(b) a person is appointed Commissioner under section 314 of this\nAct.\n(2) In an Act or document, a reference to the Chief Electoral Officer\nmay, if the context permits, be taken to be a reference to the\nCommission or Commissioner as the case requires.\n","sortOrder":400},{"sectionNumber":"358","sectionType":"section","heading":"Election Tribunal Trust Account","content":"358 Election Tribunal Trust Account\nThe Master must close the trust account kept for section 108(5) of\nthe repealed Act and pay the balance of the account to the Central\nHolding Authority.\n\n","sortOrder":401},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional matters for Integrity and Accountability Legislation Amendment","content":"Part 21 Transitional matters for Integrity and Accountability Legislation Amendment\nElectoral Act 2004 178\n","sortOrder":402},{"sectionNumber":"359","sectionType":"section","heading":"References to repealed Act","content":"359 References to repealed Act\nIn an Act or document, a reference to the repealed Act or a\nprovision of that Act may, if the context permits, be taken to be a\nreference to this Act or the corresponding provision of this Act.\n","sortOrder":403},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional matters for Electoral Legislation","content":"Part 19 Transitional matters for Electoral Legislation\nAmendment Act 2016\n","sortOrder":404},{"sectionNumber":"360","sectionType":"section","heading":"Transitional matter","content":"360 Transitional matter\nThe amendments made to this Act by the Electoral Legislation\nAmendment Act 2016 do not apply to an election or general\nelection (including an extraordinary general election) for which a\nwrit was issued under Part 5 before the commencement of that Act.\n","sortOrder":405},{"sectionNumber":"Part 20","sectionType":"part","heading":"Transitional matters for Electoral Amendment","content":"Part 20 Transitional matters for Electoral Amendment\nAct 2018\n","sortOrder":406},{"sectionNumber":"361","sectionType":"section","heading":"Appointed member and Chairperson of Redistribution","content":"361 Appointed member and Chairperson of Redistribution\nCommittee\n(1) The person holding office as the appointed member and\nChairperson of the Augmented Redistribution Committee\nimmediately before the commencement date holds office as the\nappointed member and Chairperson of the Redistribution\nCommittee on and after the commencement date on the conditions\non which the person held the former office.\ncommencement date means the date on which section 26 of the\nElectoral Amendment Act 2018 comes into operation.\nPart 21 Transitional matters for Integrity and\nAccountability Legislation Amendment\n","sortOrder":407},{"sectionNumber":"362","sectionType":"section","heading":"Effect on Commissioner in office","content":"362 Effect on Commissioner in office\n(1) The office holder continues to hold the office of Commissioner on\nthe same terms and conditions that applied to the office holder's\nappointment before the commencement.\n\n","sortOrder":408},{"sectionNumber":"Part 22","sectionType":"part","heading":"Transitional matters for Electoral Legislation Further Amendment Act 2019","content":"Part 22 Transitional matters for Electoral Legislation Further Amendment Act 2019\nElectoral Act 2004 179\n(2) After the commencement, this Act applies to the office holder for\nthe purposes of any reappointment as Commissioner and the term\nof office that the office holder held before the commencement is to\nbe counted for section 320(2).\ncommencement means the commencement of section 15 of the\nIntegrity and Accountability Legislation Amendment Act 2019.\nofficer holder means the person who, immediately before the\ncommencement, held office as the Commissioner.\nPart 22 Transitional matters for Electoral Legislation\nFurther Amendment Act 2019\n","sortOrder":409},{"sectionNumber":"363","sectionType":"section","heading":"Disclosure of gifts – reporting agent of a candidate, persons","content":"363 Disclosure of gifts – reporting agent of a candidate, persons\nincurring political expenditure and donations to candidates\n(1) Subject to subsection (2), despite the repeal of sections 191\nand 192 and the amendment of section 193 by the Electoral\nLegislation Further Amendment Act 2019, each section and any\nother necessary provision of this Act, as in force immediately before\nthose repeals or amendments:\n(a) continues to apply in respect of a person to whom it applied\nimmediately before the repeals or amendments; and\n(b) ceases to apply immediately after the person gives the\nrequired return to the Commission.\n(2) For subsection (1), despite anything to the contrary in this Act or the\nElectoral Legislation Further Amendment Act 2019:\n(a) the disclosure period for each return is taken to end on\n31 December 2019; and\n(b) each return must be given to the Commission no later than\n60 days after that date.\n","sortOrder":410},{"sectionNumber":"364","sectionType":"section","heading":"Disapplication of monetary units indexation scheme for 2020","content":"364 Disapplication of monetary units indexation scheme for 2020\nelection\nDespite the references to 40 000 monetary units in\nsection 203B(1)(a) and (b), the applicable amounts mentioned in\nthose paragraphs for the capped expenditure period beginning on\n1 January 2020 are taken to be $40 000.\n\nElectoral Act 2004 180\nsection 27(1)\nWRIT\nTo:\nThe Electoral Commission\nI request that you conduct an election in accordance with the Electoral\nAct 2004 for one member of the Legislative Assembly of the Northern Territory\nof Australia for the division of [insert name of division].*\nI request that you conduct a general election in accordance with the Electoral\nAct 2004 for all members of the Legislative Assembly of the Northern Territory\nof Australia.*\nI fix the following dates for the election:\n[insert date] to be nomination day;\n[insert date] to be election day;\n[insert date] to be the last day on which this writ may be returned.\nGiven under my hand and the Public Seal of the Northern Territory of\nAustralia on [insert date].\nAdministrator\n* Delete whichever is inapplicable.\n\nElectoral Act 2004 181\nsection 225\nA decision under section 158(1) or (2) to\nrefuse an application for registration of a\npolitical party\nA decision under section 157(1) to\nregister a political party\nA person who objected to\nregistration of the party\nA decision under section 158(1) or (2), as\napplied by section 169(2), to refuse to\nchange the registered particulars of a\npolitical party\nA decision under section 161(3) to cancel\nthe registration of a political party\nA decision under section 175F to refuse\nan application for registration of an\nassociated entity or a third party\ncampaigner\nThe applicants\nA decision to give a notice under\nsection 217\nThe person given the notice\nA decision to refuse a request under\nsection 223(2) to make a stated\namendment of a return\nThe person making the request\n\nElectoral Act 2004 182\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nElectoral Act 2004 (Act No. 11, 2004)\nAssent date 1 March 2004\nCommenced 15 March 2004 (Gaz S6, 15 March 2004)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nElectoral Amendment Act 2009 (Act No. 3, 2009)\nAssent date 12 March 2009\nCommenced 12 March 2009\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\n\nElectoral Act 2004 183\nElectoral and Other Legislation Amendment Act 2011 (Act No. 40, 2011)\nAssent date 21 December 2011\nCommenced pts 4, 6 and 7: 1 May 2012; rem: 21 December 2011 (s 2)\nConstitutional Convention (Election) Act 2011 (Act No. 41, 2011)\nAssent date 21 December 2011\nCommenced 21 December 2011\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nElectoral Legislation Amendment Act 2016 (Act No. 1, 2016)\nAssent date 2 March 2016\nCommenced 2 March 2016\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016))\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nElectoral Amendment Act 2018 (Act No. 31, 2018)\nAssent date 19 December 2018\nCommenced 20 December 2018 (s 2)\nElectoral Legislation Amendment Act 2019 (Act No. 11, 2019)\nAssent date 9 April 2019\nCommenced 10 April 2019\nIntegrity and Accountability Legislation Amendment Act 2019 (Act No. 23, 2019)\nAssent date 9 August 2019\nCommenced 10 August 2019 (s 2)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)s\nElectoral Legislation Further Amendment Act 2019 (Act No. 30, 2019)\nAssent date 9 October 2019\nCommenced 1 January 2020 (s 2)\n\nElectoral Act 2004 184\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 16, 19, 43, 140, 140B, 215,\n297, 312 and 315 and sch 1.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 40, 2011, s 34\npt 2 hdg amd No. 30, 2019, s 4\ns 3 amd No. 3, 2009, s 3; No. 40, 2011, ss 4 and 34; No. 18, 2017, s 36; No. 31,\n2018, s 4; No. 11, 2019, s 4; No. 23, 2019, s 13; No. 30, 2019, s 5\ns 3A ins No. 30, 2019, s 6\ns 5 amd No. 40, 2011, s 5\ns 7 amd No. 40, 2011, s 6\ns 8 amd No. 30, 2019, s 7\ns 8A ins No. 30, 2019, s 8\ns 11 amd No. 30, 2019, s 9\ns 12 amd No. 40, 2011, s 7\ns 13 amd No. 30, 2019, s 10\ns 14 amd No. 27, 2011, s 3\ns 15 amd No. 27, 2011, s 3; No. 40, 2011, s 34\ns 16A ins No. 40, 2011, s 8\ns 18 amd No. 27, 2011, s 3\ns 19 amd No. 27, 2011, s 3; No. 40, 2011, s 34; No. 39, 2019, s 370\ns 21 amd No. 1, 2016, s 3\npt 5 hdg amd No. 1, 2016, s 4\ns 23 sub No. 3, 2009, s 4\ns 24 amd No. 3, 2009, s 5\ns 25 amd No. 3, 2009, s 6\ns 26 amd No. 3, 2009, s 7\n\nElectoral Act 2004 185\ns 26A ins No. 3, 2009, s 8\ns 28 amd No. 3, 2009, s 9; No. 30, 2019, s 11\ns 31 sub No. 40, 2011, s 9\ns 32 amd No. 40, 2011, s 34; No. 30, 2019, s 12\ns 36 amd No. 40, 2011, s 34\ns 38 amd No. 30, 2019, s 13\ns 39 amd No. 40, 2011, s 10\ns 40 amd No. 40, 2011, s 34; No. 1, 2016, s 5\ns 41 amd No. 1, 2016, s 6\ns 42 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 14\ns 42A ins No. 11, 2019, s 5\namd No. 30, 2019, s 15\ns 43 amd No. 40, 2011, s 34; No. 11, 2019, s14; No. 29, 2019, s 346; No. 30,\n2019, s 16\ns 45 amd No. 40, 2011, s 34; No. 11, 2019, s 14\ns 46 – 47 amd No. 11, 2019, s 14; No. 30, 2019, s 17\ns 47 amd No. 11, 2019, s 14; No. 30, 2019, s 18\ns 49 amd No. 40, 2011, s 11; No. 11, 2019, s 14; No. 30, 2019, s 19\ns 50 amd No. 40, 2011, s 12; No. 1, 2016, s 7; No. 11, 2019, s 6\ns 51A ins No. 40, 2011, s 13\namd No. 30, 2019, s 20\npt 6\ndiv 2 hdg amd No. 11, 2019, s 14; No. 30, 2019, s 21\ns 52 amd No. 40, 2011, s 34, No. 11, 2019, s 14; No. 30, 2019, s 22\ns 53 amd No. 40, 2011, s 34, No. 11, 2019, s 14; No. 30, 2019, s 23\npt 6\ndiv 3 hdg amd No. 11, 2019, s 14\nsub No. 30, 2019, s 24\npt 6\ndiv 3\nsdiv 1 hdg amd No. 30, 2019, s 25\ns 54 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 26\ns 55 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 27\npt 6\ndiv 3\nsdiv 2 hdg amd No. 30, 2019, s 28\ns 56 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 29\ns 57 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 30\ns 60 amd No. 40, 2011, s 14; No. 27, 2014, s 57\nsub No. 1, 2016, s 8\ns 61 sub No. 1, 2016, s 8\ns 62 amd No. 3, 2009, s 10; No. 40, 2011, s 15; No. 1, 2016, s 9; No. 30, 2019,\ns 31\ns 63 amd No. 40, 2011, s 34\ns 64 amd No. 40, 2011, s 16; No. 30, 2019, s 32\ns 66 amd No. 30, 2019, s 33\ns 67 amd No. 1, 2016, s 10; No. 30, 2019, s 34\npt 6\ndiv 5 hdg sub No. 30, 2019, s 35\ns 68 amd No. 3, 2009, s 11; No. 30, 2019, s 36\ns 69 amd No. 3, 2009, s 12; No. 30, 2019, s 37\ns 70 amd No. 3, 2009, s 13; No. 30, 2019, s 38\npt 6\nsdiv 2 hdg amd No. 30, 2019, s 39\ns 71 amd No. 40, 2011, s 34; No. 1, 2016, s 11; No. 30, 2019, s 40\ns 72 amd No. 40, 2011, s 34; No. 30, 2019, s 41\n\nElectoral Act 2004 186\npt 6\nsdiv 3 hdg amd No. 30, 2019, s 42\ns 73 amd No. 40, 2011, s 34; No. 30, 2019, s 43\ns 74 amd No. 40, 2011, s 34, No. 11, 2019, s 14\ns 75 amd No. 30, 2019, s 44\ns 76 amd No. 40, 2011, s 34; No. 30, 2019, s 45\ns 77 amd No. 30, 2019, s 46\ns 78 sub No. 40, 2011, s 17\namd No. 11, 2019, ss 7 and 14; No. 30, 2019, s 47\nss 79 – 80 rep No. 40, 2011, s 17\ns 81 amd No. 40, 2011, s 18\nsub No, xx, 2019, s 8\nss 82 - 83 amd No. 11, 2019, s 14\ns 84 amd No. 40, 2011, s 19; No. 11, 2019 s 14\ns 85 amd No. 11, 2019, s 14\npt 6\ndiv 6A hdg ins No. 40, 2011, s 20\ns 85A ins No. 40, 2011, s 20\namd No. 1, 2016, s 12\ns 86 amd No. 11, 2019, s 14; No. 30, 2019, s 48\ns 87 amd No. 30, 2019, s 49\ns 88 amd No. 40, 2011, ss 21 and 34; No. 11, 2019, s 14\ns 89 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 50; No. 26,\n2020, s 3\ns 90 amd No. 40, 2011, s 34; No. 11, 2019, s 14; No. 30, 2019, s 51\ns 91 amd No. 11, 2019, s 14; No. 30, 2019, s 52\ns 92 amd No. 27, 2011, s 3; No. 30, 2019, s 53\ns 93 amd No. 30, 2019, s 54\ns 94 amd No. 40, 2011, ss 22 and 34; No. 1, 2016, s 13; No. 11, 2019, s 9\ns 95 amd No. 30, 2019, s 55\ns 96 amd No. 1, 2016, s 14; No. 30, 2019, s 56\ns 97 amd No. 11, 2019, s 14; No. 30, 2019, s 57\ns 98 amd No. 30, 2019, s 58\ns 99 amd No. 40, 2011, s 34\npt 7\ndiv 4 hdg sub No. 30, 2019, s 59\ns 100 amd No. 30, 2019, s 60\ns 101 amd No. 40, 2011, s 34; No. 30, 2019, s 61\npt 7\nsdiv 2 hdg amd No. 30, 2019, s 62\ns 102 amd No. 30, 2019, s 63\ns 103 amd No. 40, 2011, s 34; No. 30, 2019, s 64\ns 104 amd No. 30, 2019, s 65\ns 105 amd No. 40, 2011, s 23 and 34; No. 30, 2019, s 66\ns 106 amd No. 30, 2019, s 67\npt 7\nsdiv 5 hdg amd No. 30, 2019, s 68\ns 108 amd No. 40, 2011, s 34; No. 30, 2019, s 69\ns 109 amd No. 40, 2011, s 34; No. 30, 2019, s 70\npt 7\nsdiv 1 hdg amd No. 30, 2019, s 71\ns 111 amd No. 40, 2011, s 34; No. 30, 2019, s 72\ns 112 amd No. 40, 2011, s 34; No. 1, 2016, s 15; No. 30, 2019, s 73\nss 113 – 114 amd No. 40, 2011, s 34\n\nElectoral Act 2004 187\npt 7\ndiv 6 hdg sub No. 30, 2019, s 74\ns 115 amd No. 30, 2019, s 75\ns 116 amd No. 40, 2011, s 34; No. 30, 2019, s 76\npt 7\nsdiv 2 hdg sub No. 30, 2019, s 77\ns 117 amd No. 30, 2019, s 78\ns 118 amd No. 40, 2011, s 34; No. 30, 2019, s 79\npt 7\nsdiv 3 hdg sub No. 30, 2019, s 80\ns 119 amd No. 30, 2019, s 81\ns 120 amd No. 40, 2011, s 34; No. 30, 2019, s 82\ns 121 amd No. 40, 2011, s 34; No. 30, 2019, s 83\npt 7\nsdiv 4 hdg amd No. 30, 2019, s 84\ns 122 amd No. 40, 2011, s 34; No. 30, 2019, s 85\ns 123 amd No. 30, 2019, s 86\ns 124 amd No. 30, 2019, s 87\ns 128 amd No. 40, 2011, s 34; No. 1, 2016, s 16\ns 131 amd No. 30, 2019, s 88\ns 133 amd No. 40, 2011, s 34\ns 134 amd No. 3, 2009, s 14; No. 40, 2011, s 34; No. 30, 2019, s 89\ns 135 amd No. 40, 2011, s 34; No. 30, 2019, s 90\ns 137 amd No. 40, 2011, s 34\ns 138 amd No. 40, 2011, s 24 and 34; No. 31, 2018, s 5; No. 30, 2019, s 91\npt 8\ndiv 2 hdg amd No. 31, 2018, s 6\ns 139 sub No. 31, 2018, s 7\nss 139A –\n139B ins No. 31, 2018, s 7\ns 140 amd No. 28, 2008, s 3; No. 40, 2011, s 25 and 34; No. 31, 2018, s 8; No. 39,\n2019, s 370\nss 140A –\n140B ins No. 31, 2018, s 9\ns 143 amd No. 31, 2018, s 10\ns 144 amd No. 31, 2018, s 11\ns 145 amd No. 31, 2018, s 12\nss 145A –\n145B ins No. 31, 2018, s 13\ns 146 amd No. 31, 2018, s 14\ns 147 amd No. 31, 2018, s 15\ns 148 amd No. 31, 2018, s 16\ns 149 rep No. 31, 2018, s 17\ns 150A ins No. 31, 2018, s 18\ns 151 amd No. 40, 2011, s 34; No. 31, 2018, s 19\ns 152 amd No. 40, 2011, s 34\ns 155 amd No. 40, 2011, s 34\ns 156 amd No. 40, 2011, s 26\nss 157 – 158 amd No. 40, 2011, s 34\nss 161 – 162 amd No. 40, 2011, s 34\ns 169 amd No. 40, 2011, s 34\ns 171A ins No. 40, 2011, s 27\ns 172 amd No. 27, 2011, s 3\ns 174 amd No. 27, 2011, s 3\npt 9A hdg ins No. 30, 2019, s 92\n\nElectoral Act 2004 188\ndiv 1 hdg ins No. 30, 2019, s 92\nss 175A –\n175G ins No. 30, 2019, s 92\ndiv 2 hdg ins No. 30, 2019, s 92\nss 175H –\n175K ins No. 30, 2019, s 92\ndiv 3 hdg ins No. 30, 2019, s 92\nss 175L –\n175R ins No. 30, 2019, s 92\ndiv 1 hdg sub No. 30, 2019, s 93\ns 175S ins No. 30, 2019, s 93\ns 176 amd No. 6, 2008, s 3; No. 40, 2011, s 28 and 34; No. 30, 2019, s 94\ns 175A ins No. 30, 2019, s 95\ns 182 amd No. 40, 2011, s 34\nsub No. 30, 2019, s 96\ndiv 2 hdg amd No. 30, 2019, s 97\ns 184 amd No. 40, 2011, s 34; No. 30, 2019, s 98\ns 185 amd No. 30, 2019, s 99\ns 187 amd No. 40, 2011, s 34; No. 30, 2019, s 100\ns 189 amd No. 40, 2011, s 34\ns 190 amd No. 30, 2019, s 101\ns 191 sub No. 30, 2019, s 102\ns 192 amd No. 40, 2011, s 34\nsub No. 30, 2019, s 102\nss 192A –\n192E ins No. 30, 2019, s 102\ns 193 amd No. 40, 2011, s 34; No. 30, 2019, s 103\ns 194 amd No. 40, 2011, s 34; No. 30, 2019, s 104\ns 195 amd No. 40, 2011, s 34\nrep No. 30, 2019, s 105\ns 196 amd No. 27, 2011, s 3; No. 30, 2019, s 106\ns 196A ins No. 30, 2019, s 107\ns 197 amd No. 6, 2008, s 3; No. 30, 2019, s 108\ndiv 4 hdg sub No. 30, 2019, s 109\nsdiv 1 hdg ins No. 30, 2019, s 109\ns 199 amd No. 40, 2011, s 29 and 34; No. 30, 2019, s 110\nsdiv 2 hdg ins No. 30, 2019, s 111\ns 200 amd No. 4, 2007, s 7; No. 30, 2019, s 112\ns 101 amd No. 30, 2019, s 113\ns 202 amd No. 40, 2011, s 34\nrep No. 30, 2019, s 114\nsdiv 3 hdg ins No. 30, 2019, s 115\nss 203A –\n203D ins No. 30, 2019, s 115\ndiv 5 hdg amd No. 30, 2019, s 116\n\nElectoral Act 2004 189\ns 204 amd No. 40, 2011, s 34\ns 204A ins No. 30, 2019, s 117\ns 205 amd No. 40, 2011, s 34; No. 30, 2019, s 118\ns 205A ins No. 30, 2019, s 119\ns 206 amd No. 30, 2019, s 120\ns 207 amd No. 40, 2011, s 34\nsub No. 30, 2019, s 121\ns 208 amd No. 40, 2011, s 34; No. 30, 2019, s 122\ns 209 sub No. 30, 2019, s 123\ns 210 amd No. 30, 2019, s 124\ndiv 5A hdg ins No. 30, 2019, s 125\nss 213A –\n213E ins No. 30, 2019, s 125\ns 214 amd No. 40, 2011, s 34\ns 215 amd No. 27, 2011, s 3; No. 8, 2016, s 45; No. 30, 2019, s 126\nss 216 – 217 amd No. 40, 2010, s 118\ns 218 amd No. 27, 2011, s 3\ns 219 amd No. 40, 2011, s 34; No. 8, 2016, s 45\ns 220 amd No. 30, 2019, s 127\ns 221 amd No. 40, 2011, s 34\ns 223 amd No. 40, 2011, s 34\ns 224 sub No. 30, 2019, s 128\ns 231 amd No. 40, 2011, s 34\ns 233 amd No. 8, 2016, s 45\ns 234 amd No. 41, 2011, s 197\ns 238 amd No. 40, 2011, s 34; No. 18, 2017, s 36\nss 239 – 240 amd No. 18, 2017, s 36\ns 242 amd No. 40, 2011, s 34; No. 18, 2017, s 36\ns 243 amd No. 30, 2019, s 129\ns 246 amd No. 30, 2019, s 130\ns 248 – 250 amd No. 18, 2017, s 36\ns 255 amd No. 18, 2017, s 36\ns 257 amd No. 40, 2011, s 34\ns 258 amd No. 40, 2010, s 118\ns 262 amd No. 40, 2011, s 34\nss 264 – 266 amd No. 27, 2011, s 3\ns 267 amd No. 27, 2011, s 3; No. 40, 2011, s 34\ns 268 amd No. 40, 2011, ss 30 and 34; No. 11, 2019, s 10\ns 268A ins No. 40, 2011, s 31\ns 270 amd No. 27, 2011, s 3\nsub No. 40, 2011, s 32\namd No. 30, 2019, s 131\ns 271 amd No. 27, 2011, s 3\nsub No. 40, 2011, s 32\namd No. 30, 2019, s 132\nss 272 – 273 amd No. 27, 2011, s 3; No. 40, 2011, s 34\ns 275 amd No. 27, 2011, s 3; No. 1, 2016, s 17\nsub No 11, 2019, s 11\namd No. 30, 2019, s 133\nss 275A –\n275B ins No. 11 2019, s 11\nss 276 – 277 amd No. 27, 2011, s 3; No. 11, 2019, s 14\nss 278 – 282 amd No. 27, 2011, s 3\ns 283 amd No. 27, 2011, s 3; No. 11, 2019, s 14\ns 284 amd No. 27, 2011, s 3; No. 30, 2019, s 134\ns 285 amd No. 27, 2011, s 3; No. 30, 2019, s 135\nss 286 – 289 amd No. 27, 2011, s 3\n\nElectoral Act 2004 190\ns 290 amd No. 27, 2011, s 3; No. 40, 2011, s 34\ns 291 amd No. 27, 2011, s 3\ns 292 amd No. 27, 2011, s 3; No. 31, 2018, s 20\nss 293 – 294 amd No. 27, 2011, s 3\ns 295 amd No. 27, 2011, s 3; No. 40, 2011, s 34; No. 11, 2019, s 14\ns 297 amd No. 8, 2016, s 45\nsub No. 30, 2019, s 136\ns 299 amd No. 40, 2011, s 34\nrep No. 26, 2015, s 18\npt 13\ndiv 3 hdg sub No. 30, 2019, s 137\ns 301 amd No. 8, 2016, s 45\ns 305 amd No. 40, 2011, s 34\ns 306 amd No. 30, 2019, s 138\ns 313A ins No. 11, 2019, s 12\ns 314 amd No. 40, 2011, s 34\nsub No. 23, 2019, s 14\ns 314A ins No. 23, 2019, s 14\ns 318 amd No. 30, 2019, s 139\nss 320 – 324 sub No. 23, 2019, s 15\nss 325 – 326 amd No. 40, 2011, s 34\nsub No. 23, 2019, s 15\ns 327 sub No. 23, 2019, s 15\ns 328 amd No. 40, 2011, s 34\ns 330 amd No. 40, 2011, s 34; No. 11, 2019, s 14\npt 16 hdg amd No. 31, 2018, s 21\ns 331 amd No. 31, 2018, s 22\ns 332 amd No. 31, 2018, s 23\ns 333 amd No. 31, 2018, s 24\npt 16\ndiv 2 hdg om No. 31, 2018, s 25\nss 334 – 338 rep No. 31, 2018, s 26\ns 336 amd No. 40, 2011, s 34; No. 8, 2016, s 45; No. 31, 2018, s 27; No. 11, 2019,\ns 13\ns 337 amd No. 31, 2018, s 28\ns 339 rep No. 31, 2018, s 29\ns 340 amd No. 31, 2018, s 30\npt 16\ndiv 3 hdg amd No. 31, 2018, s 31\ns 341 amd No. 31, 2018, s 32\ns 342 amd No. 31, 2018, s 33\ns 343 amd No. 31, 2018, s 34\ns 345 amd No. 40, 2011, s 33\ns 346 amd No. 40, 2011, s 34\ns 356 amd No. 40, 2011, s 34\ns 358 amd No. 4, 2007, s 7\npt 19 hdg ins No. 1, 2016, s 18\ns 360 exp No. 11, 2004, s 360\nins No. 1, 2016, s 18\npt 20 hdg ins No. 31, 2018, s 35\ns 361 ins No. 31, 2018, s 35\npt 21 hdg ins No. 23, 2019, s 16\ns 362 ins No. 23, 2019, s 16\npt 22 hdg ins No. 30, 2019, s 140\nss 363 – 364 ins No. 30, 2019, s 140\nsch 1 amd No. 26, 2020, s 3; No. 3, 2026, s 64\nsch 2 amd No. 30, 2019, s 141","sortOrder":411}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1386},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2004 scope. Major growth areas include: (1) Part 9A (ss.175A-175R) added in 2019 for registration of associated entities and third-party campaigners – entirely new regulated categories; (2) Part 10's donation and expenditure regime has been repeatedly expanded with caps on spending (2019), Territory campaign accounts (2019), and complex disclosure periods; (3) new campaigning offence provisions including 'push-polling' (s.271) and designated campaign areas (ss.275A-275B); (4) electronic voting approval powers (s.85A); and (5) extensive integrity protections for the Commissioner (ss.314A, 320-327 added 2019). The original Act was primarily procedural; it is now a comprehensive political finance and integrity regime."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., Part 10 donation rules reference definitions in s.176, s.3A, and multiple other sections)","Nested conditional logic with multiple exceptions (e.g., s.3A 'gift' definition has 3 subsections with 'despite' clauses and regulation-making powers)","47+ defined terms in the interpretation section (s.3) with some terms having their own definitional sections (s.3A, s.176, s.176A)","Multiple overlapping disclosure regimes with different thresholds ($200 for candidates, $1,500 for parties/entities) and time periods (s.191-192, s.205-209)","Complex expenditure cap calculations involving 'monetary units' indexed annually, with special transitional rules (s.203B, s.364)","Strict liability offences mixed with fault-based offences requiring proof of intention, knowledge or recklessness (ss.203C-203D, s.215)","Detailed procedural requirements for voting, scrutiny and counting spread across Parts 6-7 with numerous subdivisions","Redistribution process with multiple stages, public consultation periods, and mathematical quota calculations (Part 8, ss.139-151)","Transitional provisions spanning 22 Parts (Parts 18-22) dealing with repeals, amendments and savings from multiple amending Acts","Regulation-making powers throughout that can 'broaden or narrow' definitions or prescribe additional requirements (e.g., s.3A(4), s.347)"],"plain_english_summary":"This is the **Northern Territory Electoral Act 2004**, the main law governing elections for the NT Legislative Assembly. Here's what it does:\n\n**Who it affects:**\n- **Voters** – all NT residents enrolled to vote (compulsory voting applies)\n- **Candidates** – people running for election as MLAs (Members of the Legislative Assembly)\n- **Political parties** – organisations seeking registration and endorsement of candidates\n- **Associated entities and third-party campaigners** – groups or individuals spending money to influence elections\n- **The Electoral Commission** – the independent body running elections\n\n**What it covers:**\n\n**1. Setting up elections**\n- Establishes the Northern Territory Electoral Commission and the Electoral Commissioner as an independent officer\n- Fixes the Legislative Assembly at **25 members** (MLAs)\n- Sets election timing: general elections held on the **4th Saturday in August every 4 years**, with provisions for early elections if government loses confidence or budget bills fail\n\n**2. Enrolment and voting**\n- Maintains electoral rolls (linked to Commonwealth rolls)\n- Provides multiple voting methods: ordinary voting on election day, early voting, postal voting, mobile polling for remote areas, and declaration voting for those not on the roll\n- **Compulsory voting** – electors must vote unless they have a valid reason (religious beliefs count)\n- Protects **voting secrecy** and prohibits multiple voting\n\n**3. Candidate nominations and ballot papers**\n- Candidates need 6 elector nominations or party endorsement\n- Requires **photographs on ballot papers** and full preferential voting (number all boxes)\n- Sets nomination deposits (returned if candidate polls >20%)\n\n**4. Counting votes and results**\n- Detailed scrutiny procedures with multiple check counts\n- Uses **full preferential voting** – if no one gets 50%+ on first preferences, lowest candidate is eliminated and preferences distributed until someone wins\n- Establishes a **Court of Disputed Returns** (a Supreme Court judge) to hear election challenges\n\n**5. Political party registration**\n- Parties need 200 members or Commonwealth registration to register\n- Strict rules on party names (no \"Independent\" in name, no confusingly similar names)\n- Registration can be cancelled if party doesn't endorse candidates at two consecutive elections\n\n**6. Donations and expenditure – the transparency regime (Part 10)**\n- **Disclosure thresholds**: $200 for gifts to candidates; $1,500 for gifts to parties, associated entities and third-party campaigners\n- **Multiple disclosure periods** during election cycles with strict deadlines\n- **Electoral expenditure caps**: $40,000 per candidate (or per division for party-endorsed candidates)\n- **Territory campaign accounts**: parties and candidates must use dedicated bank accounts for electoral funds\n- **Annual returns** required for parties and associated entities\n- **Investigation powers**: Commission can issue notices, conduct searches with warrants, and prosecute offences\n\n**7. Electoral boundaries (redistributions)**\n- Redistributions required after each election to ensure equal elector numbers\n- Redistribution Committee follows principles: minimise rural area size, keep communities together, minimise voter transfers\n- Two-stage public consultation: suggestions, then objections\n\n**8. Electoral offences**\n- Criminal offences for: interfering with voting, false statements, improper influence of voters, vote secrecy breaches, voting fraud, forging electoral papers, and campaign material offences\n- **Campaigning restrictions**: no campaigning within 100m of polling places on election day, 10m at early voting centres\n- **Authorisation requirements**: all campaign material must show who authorised it and funding source\n\n**Why it matters:**\nThis Act ensures **free, fair and transparent elections** in the NT. The 2019 amendments significantly strengthened transparency around political donations and spending, capped campaign expenditure, and created new categories of regulated entities (associated entities and third-party campaigners). The independent Electoral Commissioner and Commission are protected from political interference, with security of tenure and specific disqualifications for recent political affiliations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/electoral-act-2004","history":"/api/acts/electoral-act-2004/history","analysis":"/api/acts/electoral-act-2004/analysis","conflicts":"/api/acts/electoral-act-2004/conflicts","importantCases":"/api/acts/electoral-act-2004/important-cases","documents":"/api/acts/electoral-act-2004/documents"}}