{"id":"qld:act-2011-027","name":"Local Government Electoral Act 2011","slug":"local-government-electoral-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29801,"registerId":"qld-act-2011-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Local Government Electoral Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nPart 12 , division 4 , other than sections 224 , 228 and 236 , commences on 1 September 2011.\nThe following provisions commence on a day to be fixed by proclamation—\npart 12 , divisions 2 , 3 , 11 , 12 , 14 and 16\nsections 315 and 342 .\n(sec.2-ssec.1) Part 12 , division 4 , other than sections 224 , 228 and 236 , commences on 1 September 2011.\n(sec.2-ssec.2) The following provisions commence on a day to be fixed by proclamation— part 12 , divisions 2 , 3 , 11 , 12 , 14 and 16 sections 315 and 342 .\n- • part 12 , divisions 2 , 3 , 11 , 12 , 14 and 16\n- • sections 315 and 342 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are to—\nensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland’s local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and\nensure and reinforce integrity in Queensland’s local governments, including, for example, by minimising the risk of corruption in relation to—\nthe election of councillors; and\nthe good governance of, and by, local government.\ns 3 sub 2018 No. 9 s 28\namd 2023 No. 8 s 13\n- (a) ensure and reinforce the transparent and equitable conduct of elections of councillors of Queensland’s local governments, including, for example, by minimising the risk of unequal participation in the electoral process and ensuring a fair opportunity to participate in the electoral process; and\n- (b) ensure and reinforce integrity in Queensland’s local governments, including, for example, by minimising the risk of corruption in relation to— (i) the election of councillors; and (ii) the good governance of, and by, local government.\n- (i) the election of councillors; and\n- (ii) the good governance of, and by, local government.\n- (i) the election of councillors; and\n- (ii) the good governance of, and by, local government.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 4 amd 2019 No. 30 s 155","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Particular references in this Act","content":"### sec.5 Particular references in this Act\n\nIn a provision of this Act about an election—\na reference to the returning officer is a reference to the returning officer for the election; and\na reference to an assistant returning officer is a reference to an assistant returning officer for the election; and\na reference to an issuing officer is a reference to an issuing officer for the election; and\na reference to polling day is a reference to polling day for the election; and\na reference to the nomination day is a reference to the nomination day for the election; and\na reference to a ballot paper is a reference to a ballot paper for the election; and\na reference to a candidate is a reference to a candidate for the election; and\na reference to a nominee is a reference to a nominee for the election; and\na reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and\na reference to a local government is a reference to the local government for which the election is held.\n- (a) a reference to the returning officer is a reference to the returning officer for the election; and\n- (b) a reference to an assistant returning officer is a reference to an assistant returning officer for the election; and\n- (c) a reference to an issuing officer is a reference to an issuing officer for the election; and\n- (d) a reference to polling day is a reference to polling day for the election; and\n- (e) a reference to the nomination day is a reference to the nomination day for the election; and\n- (f) a reference to a ballot paper is a reference to a ballot paper for the election; and\n- (g) a reference to a candidate is a reference to a candidate for the election; and\n- (h) a reference to a nominee is a reference to a nominee for the election; and\n- (i) a reference to the mayor or another councillor is a reference to the mayor or other councillor of the local government for which the election is held; and\n- (j) a reference to a local government is a reference to the local government for which the election is held.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to divisions includes wards","content":"### sec.6 References to divisions includes wards\n\nIn a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane.\nIn this section—\nward , of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor.\n(sec.6-ssec.1) In a provision of this Act, a reference to a division of a local government area includes a reference to a ward of Brisbane.\n(sec.6-ssec.2) In this section— ward , of Brisbane, means one of 26 divisions of the local government area of the Brisbane City Council established for the election of councillors or a councillor.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of conclusion of local government election","content":"### sec.7 Meaning of conclusion of local government election\n\nThe conclusion of the election of a councillor is—\nif the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission’s website under section 100 (2) ; or\nif the councillor is elected at a by-election and—\na poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100 (2) ; or\na poll is not conducted—the day after the nomination day for the by-election; or\nif, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and—\n1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100 (2) ; or\nno poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.\nIn this section—\ndeclaration , of a poll, means the declaration by the electoral commission of the result of the poll under section 100 (1) .\ns 7 amd 2014 No. 44 s 14 ; 2019 No. 30 s 156\n(sec.7-ssec.1) The conclusion of the election of a councillor is— if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission’s website under section 100 (2) ; or if the councillor is elected at a by-election and— a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100 (2) ; or a poll is not conducted—the day after the nomination day for the by-election; or if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100 (2) ; or no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.\n(sec.7-ssec.2) In this section— declaration , of a poll, means the declaration by the electoral commission of the result of the poll under section 100 (1) .\n- (a) if the councillor is elected at an election of all councillors of the local government—the day on which the last declaration of a poll conducted in the election is published on the electoral commission’s website under section 100 (2) ; or\n- (b) if the councillor is elected at a by-election and— (i) a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100 (2) ; or (ii) a poll is not conducted—the day after the nomination day for the by-election; or\n- (i) a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100 (2) ; or\n- (ii) a poll is not conducted—the day after the nomination day for the by-election; or\n- (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and— (i) 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100 (2) ; or (ii) no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.\n- (i) 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100 (2) ; or\n- (ii) no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.\n- (i) a poll is conducted—the day on which the declaration of the poll is published on the electoral commission’s website under section 100 (2) ; or\n- (ii) a poll is not conducted—the day after the nomination day for the by-election; or\n- (i) 1 or more polls are conducted in the local government area—the day on which the last declaration of a poll conducted in the local government area is published on the electoral commission’s website under section 100 (2) ; or\n- (ii) no poll is conducted in the local government area—6p.m. on the day that a poll would otherwise have been required to be conducted under this Act.","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Electoral commission","content":"## Electoral commission","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Additional functions and powers of electoral commission","content":"### sec.8 Additional functions and powers of electoral commission\n\nFor the purpose of this Act, the functions of the electoral commission include conducting quadrennial elections, by-elections or fresh elections for local governments.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Electoral officers for local government elections","content":"## Electoral officers for local government elections","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Returning officers","content":"### sec.9 Returning officers\n\nThe returning officer for an election is responsible for the proper conduct of the election.\nThe electoral commission may appoint a person as the returning officer for an election.\nA person must not be appointed under subsection (2) if the person is—\na minor; or\na member of a political party; or\nthe chief executive officer of the local government for which the election is to be held.\nDespite subsection (3) (c) , the electoral commission may appoint the chief executive officer of the local government as the returning officer if—\nthe chief executive officer is not a member of a political party; and\nthe electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer.\nThe returning officer must comply with a direction given by the electoral commission for the proper conduct of the election.\ns 9 sub 2014 No. 44 s 15 ; 2015 No. 6 s 3\n(sec.9-ssec.1) The returning officer for an election is responsible for the proper conduct of the election.\n(sec.9-ssec.2) The electoral commission may appoint a person as the returning officer for an election.\n(sec.9-ssec.3) A person must not be appointed under subsection (2) if the person is— a minor; or a member of a political party; or the chief executive officer of the local government for which the election is to be held.\n(sec.9-ssec.4) Despite subsection (3) (c) , the electoral commission may appoint the chief executive officer of the local government as the returning officer if— the chief executive officer is not a member of a political party; and the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer.\n(sec.9-ssec.5) The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election.\n- (a) a minor; or\n- (b) a member of a political party; or\n- (c) the chief executive officer of the local government for which the election is to be held.\n- (a) the chief executive officer is not a member of a political party; and\n- (b) the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":null,"content":"### Section sec.9A\n\ns 9A ins 2014 No. 44 s 16\nom 2015 No. 6 s 4","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Assistant returning officers","content":"### sec.10 Assistant returning officers\n\nAn assistant returning officer is responsible for helping the returning officer in performing the returning officer’s responsibilities under this Act.\nThe electoral commission may appoint a person as an assistant returning officer for an election.\nA person must not be appointed under subsection (2) if the person is—\na minor; or\na member of a political party.\nThe electoral commission may appoint 1 or more assistant returning officers for an election.\ns 10 amd 2014 No. 44 s 17 ; 2015 No. 6 s 5\n(sec.10-ssec.1) An assistant returning officer is responsible for helping the returning officer in performing the returning officer’s responsibilities under this Act.\n(sec.10-ssec.2) The electoral commission may appoint a person as an assistant returning officer for an election.\n(sec.10-ssec.3) A person must not be appointed under subsection (2) if the person is— a minor; or a member of a political party.\n(sec.10-ssec.4) The electoral commission may appoint 1 or more assistant returning officers for an election.\n- (a) a minor; or\n- (b) a member of a political party.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Presiding officers","content":"### sec.11 Presiding officers\n\nA presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer.\nThe returning officer—\nmay be presiding officer at a polling booth; and\nmust appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer.\nIf a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint another person as presiding officer at the booth while the person can not act.\nAn appointment under subsection (2) or (3) must be in the approved form.\ns 11 amd 2014 No. 44 s 18\n(sec.11-ssec.1) A presiding officer at a polling booth is responsible for the proper conduct of a poll at the polling booth and for carrying out the other duties for an election that are required by the returning officer.\n(sec.11-ssec.2) The returning officer— may be presiding officer at a polling booth; and must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer.\n(sec.11-ssec.3) If a person can not act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer’s approval, may appoint another person as presiding officer at the booth while the person can not act.\n(sec.11-ssec.4) An appointment under subsection (2) or (3) must be in the approved form.\n- (a) may be presiding officer at a polling booth; and\n- (b) must appoint a person as presiding officer at each polling booth other than the booth at which the returning officer is the presiding officer.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Issuing officers","content":"### sec.12 Issuing officers\n\nAn issuing officer is responsible for—\ngiving ballot papers and declaration envelopes to electors; and\nperforming the other duties for an election that are required by the returning officer.\nAn issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992 , section 29 .\ns 12 amd 2014 No. 44 s 19 ; 2015 No. 6 s 6\n(sec.12-ssec.1) An issuing officer is responsible for— giving ballot papers and declaration envelopes to electors; and performing the other duties for an election that are required by the returning officer.\n(sec.12-ssec.2) An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992 , section 29 .\n- (a) giving ballot papers and declaration envelopes to electors; and\n- (b) performing the other duties for an election that are required by the returning officer.","sortOrder":16},{"sectionNumber":"sec.12A","sectionType":"section","heading":null,"content":"### Section sec.12A\n\ns 12A ins 2014 No. 44 s 20\nom 2015 No. 6 s 7","sortOrder":17},{"sectionNumber":"sec.12B","sectionType":"section","heading":null,"content":"### Section sec.12B\n\ns 12B ins 2014 No. 44 s 20\nom 2015 No. 6 s 7","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Removal from office for membership of political party","content":"### sec.13 Removal from office for membership of political party\n\nThe electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party.\nSubsection (1) does not limit the electoral commission’s power to remove a person from the office of returning officer or assistant returning officer.\nA person’s membership of a political party, or failure to comply with section 14 , does not invalidate—\nanything done by the person while the person is a returning officer or assistant returning officer; or\nif the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.\ns 13 sub 2019 No. 30 s 157\n(sec.13-ssec.1) The electoral commission must remove a person from the office of returning officer or assistant returning officer if the person becomes a member of a political party.\n(sec.13-ssec.2) Subsection (1) does not limit the electoral commission’s power to remove a person from the office of returning officer or assistant returning officer.\n(sec.13-ssec.3) A person’s membership of a political party, or failure to comply with section 14 , does not invalidate— anything done by the person while the person is a returning officer or assistant returning officer; or if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.\n- (a) anything done by the person while the person is a returning officer or assistant returning officer; or\n- (b) if the person does a thing for an election while the person is a returning officer or assistant returning officer—the election.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Obligation to notify of membership of a political party","content":"### sec.14 Obligation to notify of membership of a political party\n\nA returning officer or assistant returning officer must immediately notify the electoral commission if the officer becomes a member of a political party, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Returning officer may act through other officers","content":"### sec.15 Returning officer may act through other officers\n\nIf—\nthe returning officer may, under this Act, do a thing; and\nthe returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and\nthe assistant returning officer, presiding officer or issuing officer does the thing;\nthe thing is taken to have been done by the returning officer.\nFor an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division.\nFor an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95 , and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions.\nUnder section 72 , declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box.\n- (a) the returning officer may, under this Act, do a thing; and\n- (b) the returning officer authorises an assistant returning officer, presiding officer or issuing officer to do the thing; and\n- (c) the assistant returning officer, presiding officer or issuing officer does the thing;\n- 1 For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division.\n- 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 95 , and the assistant returning officer carries out the functions, the returning officer is taken to have carried out the functions.\n- 3 Under section 72 , declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Assistant returning officer may act through other officers","content":"### sec.16 Assistant returning officer may act through other officers\n\nIf—\nan assistant returning officer may, under this Act, do a thing; and\nthe assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and\nthe presiding officer or the issuing officer does the thing;\nthe thing is taken to have been done by the assistant returning officer.\n- (a) an assistant returning officer may, under this Act, do a thing; and\n- (b) the assistant returning officer authorises a presiding officer or an issuing officer to do the thing; and\n- (c) the presiding officer or the issuing officer does the thing;","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Voters rolls and register of special postal voters","content":"# Voters rolls and register of special postal voters","sortOrder":23},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Voters rolls","content":"## Voters rolls","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Returning officer must compile voters roll","content":"### sec.17 Returning officer must compile voters roll\n\nThe returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll ).\nThe voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included—\nfor an election for all of a local government’s area—in the area; or\nfor an election for a division of a local government’s area—in the division.\nAn electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election.\ns 17 amd 2014 No. 44 s 23 ; 2015 No. 6 s 8\n(sec.17-ssec.1) The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll ).\n(sec.17-ssec.2) The voters roll must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included— for an election for all of a local government’s area—in the area; or for an election for a division of a local government’s area—in the division.\n(sec.17-ssec.3) An electoral registrar under the Electoral Act 1992 must give the returning officer the assistance the officer reasonably requires to compile a voters roll for an election.\n- (a) for an election for all of a local government’s area—in the area; or\n- (b) for an election for a division of a local government’s area—in the division.","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"When voters roll must be compiled","content":"### sec.18 When voters roll must be compiled\n\nA voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after notice of the election is published on the electoral commission’s website under section 25 (1) .\nHowever, a regulation may fix a different day for compiling the voters roll for a particular election.\nA voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) .\ns 18 amd 2014 No. 44 s 24 ; 2021 No. 8 s 27\n(sec.18-ssec.1) A voters roll for a quadrennial election or fresh election must be compiled at least 5 days, but not more than 7 days, after notice of the election is published on the electoral commission’s website under section 25 (1) .\n(sec.18-ssec.2) However, a regulation may fix a different day for compiling the voters roll for a particular election.\n(sec.18-ssec.3) A voters roll for a by-election must be compiled at least 5 days, but not more than 7 days, after notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) .","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Requirements of voters roll","content":"### sec.19 Requirements of voters roll\n\nA voters roll for an election must—\nshow the names of all persons entitled to vote at the election; and\nbe in the form of the electoral roll used for elections of the Legislative Assembly.\nThe voters roll must not include the address of a silent elector.\ns 19 amd 2014 No. 44 s 25 ; 2019 No. 30 s 201\n(sec.19-ssec.1) A voters roll for an election must— show the names of all persons entitled to vote at the election; and be in the form of the electoral roll used for elections of the Legislative Assembly.\n(sec.19-ssec.2) The voters roll must not include the address of a silent elector.\n- (a) show the names of all persons entitled to vote at the election; and\n- (b) be in the form of the electoral roll used for elections of the Legislative Assembly.","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Inspection of voters roll","content":"### sec.20 Inspection of voters roll\n\nThe electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office.\nThe electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate.\n(sec.20-ssec.1) The electoral commission must ensure the most recent version of all voters rolls is available for inspection by members of the public at the commission’s public office.\n(sec.20-ssec.2) The electoral commission may also make available, for inspection by any person, a copy of the most recent version of a voters roll at any place that the commission considers appropriate.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Supply of voters roll to candidates","content":"### sec.21 Supply of voters roll to candidates\n\nIf a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day.\nThe electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format.\nA person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1) , unless the use, disclosure or giving of access is for a purpose stated in subsection (4) .\nMaximum penalty—20 penalty units or 6 months imprisonment.\nThe purposes are—\nany purpose related to an election under this Act; or\nchecking the accuracy of information on the voters roll; or\nthe performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or\nthe performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.\ns 21 amd 2014 No. 44 s 26 ; 2019 No. 30 s 158\n(sec.21-ssec.1) If a poll is to be conducted in an election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day.\n(sec.21-ssec.2) The electoral commission may decide the format in which the voters roll is given to the candidates and direct the returning officer to give the voters roll that format.\n(sec.21-ssec.3) A person must not use, disclose to another person or allow another person to access information in a copy of a voters roll given to a candidate under subsection (1) , unless the use, disclosure or giving of access is for a purpose stated in subsection (4) . Maximum penalty—20 penalty units or 6 months imprisonment.\n(sec.21-ssec.4) The purposes are— any purpose related to an election under this Act; or checking the accuracy of information on the voters roll; or the performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.\n- (a) any purpose related to an election under this Act; or\n- (b) checking the accuracy of information on the voters roll; or\n- (c) the performance by a councillor of a local government of the councillor’s functions in relation to electors enrolled on the voters roll; or\n- (d) the performance by an official or employee of a political party of the person’s duties in relation to electors enrolled on the voters roll.","sortOrder":29},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Register of special postal voters","content":"## Register of special postal voters","sortOrder":30},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Electoral commission to keep register of special postal voters","content":"### sec.21A Electoral commission to keep register of special postal voters\n\nThe electoral commission must keep, or arrange to be kept, a register of special postal voters.\nThe electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter.\nIn conducting the review, the electoral commissioner must—\nrequire each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and\ndo a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68 (5A) .\nIn this section—\nrelevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68 (5A) (a) (i) or (ii) .\ns 21A ins 2014 No. 44 s 27\n(sec.21A-ssec.1) The electoral commission must keep, or arrange to be kept, a register of special postal voters.\n(sec.21A-ssec.2) The electoral commissioner must, not less than 18 months but not more than 4 years after the result of a poll for a quadrennial election is declared, review the continuing eligibility of a person to cast a vote as a special postal voter.\n(sec.21A-ssec.3) In conducting the review, the electoral commissioner must— require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68 (5A) .\n(sec.21A-ssec.4) In this section— relevant elector means an elector whose name is included in the register of special postal voters because of a circumstance mentioned in section 68 (5A) (a) (i) or (ii) .\n- (a) require each relevant elector to advise, in the approved form, whether the elector still lives at the address shown on the voters roll; and\n- (b) do a random check of approved forms given to the electoral commission under paragraph (a) to decide whether the signature on each approved form checked is the same as the signature on the elector’s application to be a special postal voter mentioned in section 68 (5A) .","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Local government elections","content":"# Local government elections","sortOrder":32},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Local government elections","content":"## Local government elections","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Types of elections","content":"### sec.22 Types of elections\n\nAn election of the mayor of a local government is an election for all of the local government’s area.\nA quadrennial or fresh election for a councillor (other than the mayor) of a local government is—\nif the local government’s area does not have divisions—an election for all of the area; or\nif the local government’s area has divisions—an election for each division of the area.\nA by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected.\n(sec.22-ssec.1) An election of the mayor of a local government is an election for all of the local government’s area.\n(sec.22-ssec.2) A quadrennial or fresh election for a councillor (other than the mayor) of a local government is— if the local government’s area does not have divisions—an election for all of the area; or if the local government’s area has divisions—an election for each division of the area.\n(sec.22-ssec.3) A by-election to fill a vacancy in the office of a councillor (other than the mayor) of a local government is an election for its area, or the division of its area, for which the councillor was elected.\n- (a) if the local government’s area does not have divisions—an election for all of the area; or\n- (b) if the local government’s area has divisions—an election for each division of the area.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Date of quadrennial elections","content":"### sec.23 Date of quadrennial elections\n\nA quadrennial election must be held in, and every fourth year after, 2012.\nA quadrennial election must be held on the last Saturday in March.\nHowever, a regulation may fix a different day, which must be a Saturday, for a quadrennial election for a particular year.\ns 23 amd 2019 No. 30 s 159\n(sec.23-ssec.1) A quadrennial election must be held in, and every fourth year after, 2012.\n(sec.23-ssec.2) A quadrennial election must be held on the last Saturday in March.\n(sec.23-ssec.3) However, a regulation may fix a different day, which must be a Saturday, for a quadrennial election for a particular year.","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Date of by-elections","content":"### sec.24 Date of by-elections\n\nA by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer.\nThe day fixed must be within 2 months after the vacancy happens.\nAs soon as practicable after fixing the day for holding a by-election, the returning officer must—\npublish, on the electoral commission’s website and in the other ways that the officer may consider appropriate, notice of—\nthe day fixed; and\nthe cut-off day for the voters roll for the by-election under section 18 (3) ; and\ntake the steps required by this Act for holding the by-election.\ns 24 amd 2012 No. 33 s 179 ; 2019 No. 30 s 160 ; 2020 No. 38 s 54\n(sec.24-ssec.1) A by-election to fill a vacancy in the office of a councillor is to be held on the day fixed by the returning officer.\n(sec.24-ssec.2) The day fixed must be within 2 months after the vacancy happens.\n(sec.24-ssec.3) As soon as practicable after fixing the day for holding a by-election, the returning officer must— publish, on the electoral commission’s website and in the other ways that the officer may consider appropriate, notice of— the day fixed; and the cut-off day for the voters roll for the by-election under section 18 (3) ; and take the steps required by this Act for holding the by-election.\n- (a) publish, on the electoral commission’s website and in the other ways that the officer may consider appropriate, notice of— (i) the day fixed; and (ii) the cut-off day for the voters roll for the by-election under section 18 (3) ; and\n- (i) the day fixed; and\n- (ii) the cut-off day for the voters roll for the by-election under section 18 (3) ; and\n- (b) take the steps required by this Act for holding the by-election.\n- (i) the day fixed; and\n- (ii) the cut-off day for the voters roll for the by-election under section 18 (3) ; and","sortOrder":36},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Candidates for local government elections","content":"## Candidates for local government elections","sortOrder":37},{"sectionNumber":"sec.24A","sectionType":"section","heading":null,"content":"### Section sec.24A\n\ns 24A ins 2014 No. 44 s 28\nom 2015 No. 6 s 9","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Calling for nominations","content":"### sec.25 Calling for nominations\n\nThe returning officer must publish notice of an election on the electoral commission’s website, and in other ways the returning officer considers appropriate.\nThe notice must—\nstate a day as a nomination day—\nnot less than 8, or more than 18, days after the publication of the notice; and\nnot less than 18, or more than 42, days before the day on which the election is to be held; and\nstate the nominations must be given to the returning officer; and\ninvite nominations of candidates.\nThe place of nomination must be—\nthe office of the returning officer; or\na place in the local government’s area convenient generally to persons in the area.\ns 25 amd 2014 No. 44 s 29 ; 2019 No. 30 s 161\n(sec.25-ssec.1) The returning officer must publish notice of an election on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n(sec.25-ssec.2) The notice must— state a day as a nomination day— not less than 8, or more than 18, days after the publication of the notice; and not less than 18, or more than 42, days before the day on which the election is to be held; and state the nominations must be given to the returning officer; and invite nominations of candidates.\n(sec.25-ssec.3) The place of nomination must be— the office of the returning officer; or a place in the local government’s area convenient generally to persons in the area.\n- (a) state a day as a nomination day— (i) not less than 8, or more than 18, days after the publication of the notice; and (ii) not less than 18, or more than 42, days before the day on which the election is to be held; and\n- (i) not less than 8, or more than 18, days after the publication of the notice; and\n- (ii) not less than 18, or more than 42, days before the day on which the election is to be held; and\n- (b) state the nominations must be given to the returning officer; and\n- (c) invite nominations of candidates.\n- (i) not less than 8, or more than 18, days after the publication of the notice; and\n- (ii) not less than 18, or more than 42, days before the day on which the election is to be held; and\n- (a) the office of the returning officer; or\n- (b) a place in the local government’s area convenient generally to persons in the area.","sortOrder":39},{"sectionNumber":"sec.26","sectionType":"section","heading":"Who may be nominated","content":"### sec.26 Who may be nominated\n\nA person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the—\nfor a councillor of the Brisbane City Council— City of Brisbane Act 2010 , section 152 ; or\nfor a councillor of another local government— Local Government Act 2009 , section 152 .\nAlso, a person may be nominated as a candidate for an election only if—\nthe person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about—\nthe person’s obligations as a candidate, including the person’s obligations under part 6 ; and\nthe person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009 ; or\nthe person is a councillor—\nwho has, at any time, successfully completed a training course mentioned in paragraph (a) ; and\nwhose office has not, before the nomination day for the election, become vacant under the City of Brisbane Act 2010 , section 162 or the Local Government Act 2009 , section 162 .\nHowever, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until—\nfor an election under the Electoral Act 1992 —the day the electoral commission is notified, under section 131 (1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or\nfor an election under the Commonwealth Electoral Act 1918 (Cwlth) —\nthe day the result of the election and the candidates elected are declared under section 283 of that Act; or\nthe day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.\nTo remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee.\nA person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate.\ns 26 amd 2019 No. 30 s 162 ; 2026 No. 5 s 134\n(sec.26-ssec.1) A person may be nominated as a candidate, or for appointment, as a councillor only if the person is qualified to be a councillor under the— for a councillor of the Brisbane City Council— City of Brisbane Act 2010 , section 152 ; or for a councillor of another local government— Local Government Act 2009 , section 152 .\n(sec.26-ssec.2) Also, a person may be nominated as a candidate for an election only if— the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about— the person’s obligations as a candidate, including the person’s obligations under part 6 ; and the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009 ; or the person is a councillor— who has, at any time, successfully completed a training course mentioned in paragraph (a) ; and whose office has not, before the nomination day for the election, become vacant under the City of Brisbane Act 2010 , section 162 or the Local Government Act 2009 , section 162 .\n(sec.26-ssec.3) However, a person who is a candidate for election as a member of an Australian Parliament, can not be nominated for election or appointment as a councillor until— for an election under the Electoral Act 1992 —the day the electoral commission is notified, under section 131 (1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or for an election under the Commonwealth Electoral Act 1918 (Cwlth) — the day the result of the election and the candidates elected are declared under section 283 of that Act; or the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.\n(sec.26-ssec.4) To remove any doubt, it is declared that, a person is not disqualified from being nominated as a candidate, or for appointment, as a councillor only because the person is a member of the Legislative Assembly or a local government employee. A person who is a member of the Legislative Assembly may nominate as a candidate for election as a councillor but must resign on becoming a candidate.\n- (a) for a councillor of the Brisbane City Council— City of Brisbane Act 2010 , section 152 ; or\n- (b) for a councillor of another local government— Local Government Act 2009 , section 152 .\n- (a) the person has, within 6 months before the nomination day for the election, successfully completed a training course approved by the department’s chief executive about— (i) the person’s obligations as a candidate, including the person’s obligations under part 6 ; and (ii) the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009 ; or\n- (i) the person’s obligations as a candidate, including the person’s obligations under part 6 ; and\n- (ii) the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009 ; or\n- (b) the person is a councillor— (i) who has, at any time, successfully completed a training course mentioned in paragraph (a) ; and (ii) whose office has not, before the nomination day for the election, become vacant under the City of Brisbane Act 2010 , section 162 or the Local Government Act 2009 , section 162 .\n- (i) who has, at any time, successfully completed a training course mentioned in paragraph (a) ; and\n- (ii) whose office has not, before the nomination day for the election, become vacant under the City of Brisbane Act 2010 , section 162 or the Local Government Act 2009 , section 162 .\n- (i) the person’s obligations as a candidate, including the person’s obligations under part 6 ; and\n- (ii) the person’s obligations as a councillor, if the person is elected or appointed, including obligations under a Local Government Act within the meaning of the Local Government Act 2009 ; or\n- (i) who has, at any time, successfully completed a training course mentioned in paragraph (a) ; and\n- (ii) whose office has not, before the nomination day for the election, become vacant under the City of Brisbane Act 2010 , section 162 or the Local Government Act 2009 , section 162 .\n- (a) for an election under the Electoral Act 1992 —the day the electoral commission is notified, under section 131 (1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or\n- (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth) — (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.\n- (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or\n- (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.\n- (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or\n- (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act.","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Making and certification of nomination","content":"### sec.27 Making and certification of nomination\n\nA person who wishes to be a candidate in an election may only be nominated by—\nthe registered officer of a registered political party that has endorsed the person as a candidate for the election; or\nat least 6 electors for the local government area, or division of the local government area, for which the election is to be held.\nA nomination must—\nbe in the approved form; and\ncontain the following—\nthe candidate’s name, address and occupation;\na signed statement by the candidate consenting to the nomination;\nif subsection (1) (a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate;\ninformation about the account with a financial institution the candidate intends to use as the candidate’s account for section 126 ;\nthe other matters stated in schedule 1 ; and\nbe given to the returning officer after the nominations are invited for the election but before noon on the nomination day.\nIf the returning officer is satisfied a person has been properly nominated, the returning officer must—\nas soon as practicable, certify the nomination in the approved form; and\ngive a copy of the certificate to the person.\nThe certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper.\nFor subsection (3) , a person is properly nominated for an election if—\nsubsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and\nsection 29 (2) does not apply to the nomination; and\nsection 31 (3) does not apply to the nomination; and\nsection 39 has been complied with; and\nthe nomination has not been withdrawn.\nIn deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond—\nthe form of nomination and payment of the deposit; and\nthe voters roll; and\ndocumentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election—\nthe nominator is an elector for the election or the registered officer of a registered political party; or\nthe nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area.\nIf a nomination is wrongly certified by the returning officer, the certification is of no effect.\ns 27 amd 2014 No. 44 s 30 ; 2019 No. 30 s 202 ; 2023 No. 8 s 14\n(sec.27-ssec.1) A person who wishes to be a candidate in an election may only be nominated by— the registered officer of a registered political party that has endorsed the person as a candidate for the election; or at least 6 electors for the local government area, or division of the local government area, for which the election is to be held.\n(sec.27-ssec.2) A nomination must— be in the approved form; and contain the following— the candidate’s name, address and occupation; a signed statement by the candidate consenting to the nomination; if subsection (1) (a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate; information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126 ; the other matters stated in schedule 1 ; and be given to the returning officer after the nominations are invited for the election but before noon on the nomination day.\n(sec.27-ssec.3) If the returning officer is satisfied a person has been properly nominated, the returning officer must— as soon as practicable, certify the nomination in the approved form; and give a copy of the certificate to the person.\n(sec.27-ssec.4) The certificate must state the time, day and place proposed for a draw, if necessary, for the order of listing of candidates’ names on the ballot paper.\n(sec.27-ssec.5) For subsection (3) , a person is properly nominated for an election if— subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and section 29 (2) does not apply to the nomination; and section 31 (3) does not apply to the nomination; and section 39 has been complied with; and the nomination has not been withdrawn.\n(sec.27-ssec.6) In deciding whether a person is properly nominated for an election, the returning officer is not required to look beyond— the form of nomination and payment of the deposit; and the voters roll; and documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election— the nominator is an elector for the election or the registered officer of a registered political party; or the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area.\n(sec.27-ssec.7) If a nomination is wrongly certified by the returning officer, the certification is of no effect.\n- (a) the registered officer of a registered political party that has endorsed the person as a candidate for the election; or\n- (b) at least 6 electors for the local government area, or division of the local government area, for which the election is to be held.\n- (a) be in the approved form; and\n- (b) contain the following— (i) the candidate’s name, address and occupation; (ii) a signed statement by the candidate consenting to the nomination; (iii) if subsection (1) (a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate; (iv) information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126 ; (v) the other matters stated in schedule 1 ; and\n- (i) the candidate’s name, address and occupation;\n- (ii) a signed statement by the candidate consenting to the nomination;\n- (iii) if subsection (1) (a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate;\n- (iv) information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126 ;\n- (v) the other matters stated in schedule 1 ; and\n- (c) be given to the returning officer after the nominations are invited for the election but before noon on the nomination day.\n- (i) the candidate’s name, address and occupation;\n- (ii) a signed statement by the candidate consenting to the nomination;\n- (iii) if subsection (1) (a) applies—a signed statement by the registered political party’s registered officer that the party has endorsed the candidate;\n- (iv) information about the account with a financial institution the candidate intends to use as the candidate’s account for section 126 ;\n- (v) the other matters stated in schedule 1 ; and\n- (a) as soon as practicable, certify the nomination in the approved form; and\n- (b) give a copy of the certificate to the person.\n- (a) subsection (2) has been complied with, or substantially complied with apart from a mere formal defect or error in the nomination; and\n- (b) section 29 (2) does not apply to the nomination; and\n- (c) section 31 (3) does not apply to the nomination; and\n- (d) section 39 has been complied with; and\n- (e) the nomination has not been withdrawn.\n- (a) the form of nomination and payment of the deposit; and\n- (b) the voters roll; and\n- (c) documentary evidence produced by the nominee or nominator that, at the time the voters roll is compiled for the election— (i) the nominator is an elector for the election or the registered officer of a registered political party; or (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area.\n- (i) the nominator is an elector for the election or the registered officer of a registered political party; or\n- (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area.\n- (i) the nominator is an elector for the election or the registered officer of a registered political party; or\n- (ii) the nominee is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the local government’s area.","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Grounds for deciding a person is not properly nominated","content":"### sec.28 Grounds for deciding a person is not properly nominated\n\nThe returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name—\nis a party name; or\nso nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or\nincludes the word ‘independent’; or\nis a public body name; or\nso nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or\nis obscene or offensive.\nThe returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion.\nIf a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors.\nIf the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating—\nthe decision; and\nthe reasons for the decision; and\nthe person’s right to apply for an injunction.\nFor a person’s right to apply for an injunction, see section 200 .\nIn this section—\nnomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55 (2) .\nparliamentary party means an organisation—\nwhose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and\nof which at least 1 member is a member of an Australian parliament.\nparty name means the name, or an abbreviation or acronym of the name of—\na parliamentary party; or\na political party; or\nan organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to—\nan Australian parliament; or\nan office of councillor of a local government.\npublic body name means the name, or an abbreviation or acronym of the name, of a prominent public body.\ns 28 amd 2014 No. 44 s 31\n(sec.28-ssec.1) The returning officer may decide that a person who has changed his or her name is not properly nominated as a candidate in an election because the nomination name— is a party name; or so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or includes the word ‘independent’; or is a public body name; or so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or is obscene or offensive.\n(sec.28-ssec.2) The returning officer may also decide that a person who has changed his or her name is not properly nominated as a candidate in an election if the returning officer considers the name could cause confusion. If a person’s name is ‘Informal’, the returning officer may consider that the name could cause confusion to electors.\n(sec.28-ssec.3) If the returning officer decides under this section that a person is not properly nominated as a candidate in an election, the returning officer must give the person a notice stating— the decision; and the reasons for the decision; and the person’s right to apply for an injunction. For a person’s right to apply for an injunction, see section 200 .\n(sec.28-ssec.4) In this section— nomination name means the name proposed by a candidate to be used on a ballot paper as the candidate’s name under section 55 (2) . parliamentary party means an organisation— whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of— a parliamentary party; or a political party; or an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— an Australian parliament; or an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body.\n- (a) is a party name; or\n- (b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or\n- (c) includes the word ‘independent’; or\n- (d) is a public body name; or\n- (e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or\n- (f) is obscene or offensive.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) the person’s right to apply for an injunction. Note— For a person’s right to apply for an injunction, see section 200 .\n- (a) whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and\n- (b) of which at least 1 member is a member of an Australian parliament.\n- (a) a parliamentary party; or\n- (b) a political party; or\n- (c) an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to— (i) an Australian parliament; or (ii) an office of councillor of a local government.\n- (i) an Australian parliament; or\n- (ii) an office of councillor of a local government.\n- (i) an Australian parliament; or\n- (ii) an office of councillor of a local government.","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Effect of multiple nominations","content":"### sec.29 Effect of multiple nominations\n\nA person can not, at the same time, be a candidate for election as—\nmayor of a local government and as another councillor of the same local government; or\na councillor of a local government for more than 1 division of the local government’s area.\nIf, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1) , each of the nominations is of no effect.\n(sec.29-ssec.1) A person can not, at the same time, be a candidate for election as— mayor of a local government and as another councillor of the same local government; or a councillor of a local government for more than 1 division of the local government’s area.\n(sec.29-ssec.2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1) , each of the nominations is of no effect.\n- (a) mayor of a local government and as another councillor of the same local government; or\n- (b) a councillor of a local government for more than 1 division of the local government’s area.","sortOrder":43},{"sectionNumber":"sec.30","sectionType":"section","heading":"Withdrawal of consent to nomination","content":"### sec.30 Withdrawal of consent to nomination\n\nA person nominated as a candidate in an election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day.\nIf a person acts under subsection (1) —\nthe nomination is of no effect; and\nthe person’s deposit must be refunded to the person who paid the deposit.\n(sec.30-ssec.1) A person nominated as a candidate in an election may withdraw the person’s agreement to the nomination by signed notice given to the returning officer before noon on the nomination day.\n(sec.30-ssec.2) If a person acts under subsection (1) — the nomination is of no effect; and the person’s deposit must be refunded to the person who paid the deposit.\n- (a) the nomination is of no effect; and\n- (b) the person’s deposit must be refunded to the person who paid the deposit.","sortOrder":44},{"sectionNumber":"sec.31","sectionType":"section","heading":"Withdrawal of endorsement of candidate","content":"### sec.31 Withdrawal of endorsement of candidate\n\nThis section applies if—\na registered political party nominates a person as a candidate for an election under section 27 (1) (a) ; and\nbefore the election, the party withdraws the party’s endorsement of the person as a candidate for the election.\nSee section 135A for the requirement for a registered political party to notify the commission about—\nthe party’s endorsement of a person as a candidate for an election; or\nchanges to the endorsement.\nThe registered officer of the registered political party must notify the electoral commission, in the approved form, of the withdrawal of the endorsement.\nMaximum penalty—40 penalty units.\nIf the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect.\nIf the notification is given to the electoral commission on or after noon on the nomination day for the election—\nthe nomination of the person is not affected; and\na ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.\nAs soon as practicable after the electoral commission receives the notification, the electoral commission must give the candidate a notice that states—\nthe contents of the notification; and\nwhen the electoral commission received the notification; and\nif subsection (3) or (4) applies in relation to the notification—the effect of the subsection.\ns 31 prev s 31 om 2014 No. 44 s 32\npres s 31 ins 2023 No. 8 s 15\n(sec.31-ssec.1) This section applies if— a registered political party nominates a person as a candidate for an election under section 27 (1) (a) ; and before the election, the party withdraws the party’s endorsement of the person as a candidate for the election. See section 135A for the requirement for a registered political party to notify the commission about— the party’s endorsement of a person as a candidate for an election; or changes to the endorsement.\n(sec.31-ssec.2) The registered officer of the registered political party must notify the electoral commission, in the approved form, of the withdrawal of the endorsement. Maximum penalty—40 penalty units.\n(sec.31-ssec.3) If the notification is given to the electoral commission before noon on the nomination day for the election, the nomination of the person is of no effect.\n(sec.31-ssec.4) If the notification is given to the electoral commission on or after noon on the nomination day for the election— the nomination of the person is not affected; and a ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.\n(sec.31-ssec.5) As soon as practicable after the electoral commission receives the notification, the electoral commission must give the candidate a notice that states— the contents of the notification; and when the electoral commission received the notification; and if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.\n- (a) a registered political party nominates a person as a candidate for an election under section 27 (1) (a) ; and\n- (b) before the election, the party withdraws the party’s endorsement of the person as a candidate for the election.\n- (a) the party’s endorsement of a person as a candidate for an election; or\n- (b) changes to the endorsement.\n- (a) the nomination of the person is not affected; and\n- (b) a ballot paper is taken to comply with section 55 even if the name, or an abbreviation of the name, of the registered political party is printed adjacent to the candidate’s name on the ballot paper.\n- (a) the contents of the notification; and\n- (b) when the electoral commission received the notification; and\n- (c) if subsection (3) or (4) applies in relation to the notification—the effect of the subsection.","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"Announcement of nominations","content":"### sec.32 Announcement of nominations\n\nAs soon as practicable after the returning officer has certified the nomination of a person for an election under section 27 (3) (a) , the returning officer must publish the prescribed information for the nomination—\non the electoral commission’s website; and\nin other ways the returning officer considers appropriate.\nThe publication of the prescribed information must continue until the conclusion of the election.\nIn this section—\nprescribed information , for a nomination, means information or a statement contained in the nomination prescribed by regulation.\ns 32 amd 2012 No. 33 s 180 ; 2014 No. 44 s 33 ; 2019 No. 30 s 163\n(sec.32-ssec.1) As soon as practicable after the returning officer has certified the nomination of a person for an election under section 27 (3) (a) , the returning officer must publish the prescribed information for the nomination— on the electoral commission’s website; and in other ways the returning officer considers appropriate.\n(sec.32-ssec.2) The publication of the prescribed information must continue until the conclusion of the election.\n(sec.32-ssec.3) In this section— prescribed information , for a nomination, means information or a statement contained in the nomination prescribed by regulation.\n- (a) on the electoral commission’s website; and\n- (b) in other ways the returning officer considers appropriate.","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Death of candidate","content":"### sec.33 Death of candidate\n\nIf a person nominated as a candidate in an election dies before noon on the nomination day—\nthe nomination is of no effect; and\nthe person’s deposit must be refunded to—\nif the deposit was paid by someone other than the person—the other person; or\notherwise—the person’s personal representative.\n- (a) the nomination is of no effect; and\n- (b) the person’s deposit must be refunded to— (i) if the deposit was paid by someone other than the person—the other person; or (ii) otherwise—the person’s personal representative.\n- (i) if the deposit was paid by someone other than the person—the other person; or\n- (ii) otherwise—the person’s personal representative.\n- (i) if the deposit was paid by someone other than the person—the other person; or\n- (ii) otherwise—the person’s personal representative.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Procedure if number of candidates not more than number required","content":"### sec.34 Procedure if number of candidates not more than number required\n\nIf the number of candidates properly nominated for an election is only equal to the number required to be elected—\nthe nominees are taken to have been elected; and\nthe returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected—\non the electoral commission’s website; and\nin other ways the returning officer considers appropriate.\nIf—\nno-one is nominated as a candidate in an election; or\nthe number of candidates nominated is less than the number required to be elected;\nthe proceedings for the election must start again.\nHowever, if proceedings for the election have previously started again under subsection (2) , the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government.\nEach person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held.\nPersons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed.\nIf proceedings for an election are started again under subsection (2) —\nthe deposits of the candidates must be refunded to the persons who paid the deposits; and\nthe electoral commission must, by gazette notice, fix a new polling day for the election.\ns 34 amd 2012 No. 33 s 181 ; 2014 No. 44 s 113 sch 1 ; 2023 No. 30 s 112\n(sec.34-ssec.1) If the number of candidates properly nominated for an election is only equal to the number required to be elected— the nominees are taken to have been elected; and the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— on the electoral commission’s website; and in other ways the returning officer considers appropriate.\n(sec.34-ssec.2) If— no-one is nominated as a candidate in an election; or the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again.\n(sec.34-ssec.3) However, if proceedings for the election have previously started again under subsection (2) , the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government.\n(sec.34-ssec.4) Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held.\n(sec.34-ssec.5) Persons appointed under subsection (3) are taken to have been properly elected as councillors of the local government for which they are appointed.\n(sec.34-ssec.6) If proceedings for an election are started again under subsection (2) — the deposits of the candidates must be refunded to the persons who paid the deposits; and the electoral commission must, by gazette notice, fix a new polling day for the election.\n- (a) the nominees are taken to have been elected; and\n- (b) the returning officer must, as soon as practicable after the nomination day, publish a notice, in the approved form, that the nominees are taken to have been elected— (i) on the electoral commission’s website; and (ii) in other ways the returning officer considers appropriate.\n- (i) on the electoral commission’s website; and\n- (ii) in other ways the returning officer considers appropriate.\n- (i) on the electoral commission’s website; and\n- (ii) in other ways the returning officer considers appropriate.\n- (a) no-one is nominated as a candidate in an election; or\n- (b) the number of candidates nominated is less than the number required to be elected;\n- (a) the deposits of the candidates must be refunded to the persons who paid the deposits; and\n- (b) the electoral commission must, by gazette notice, fix a new polling day for the election.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Procedure if number of candidates exceeds number required","content":"### sec.35 Procedure if number of candidates exceeds number required\n\nIf the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part.\nThe returning officer must give public notice that a poll will be conducted.\nThe notice must—\nbe in the approved form; and\nstate—\nthe day the poll will be conducted; and\nthe names of all candidates properly nominated for election in the order decided under section 57 ; and\nthe location of all ordinary polling booths to be used for taking the ballot in the poll; and\nthat the ordinary voting hours are from 8a.m. to 6p.m; and\nbe published on the electoral commission’s website, and in other ways the returning officer considers appropriate.\nPublication of the notice under subsection (3) (c) must—\nstart as soon as practicable after noon on the nomination day; and\ncontinue until the close of the poll.\ns 35 amd 2019 No. 30 s 164\n(sec.35-ssec.1) If the number of candidates properly nominated for an election exceeds the number required to be elected, a poll must be conducted under this part.\n(sec.35-ssec.2) The returning officer must give public notice that a poll will be conducted.\n(sec.35-ssec.3) The notice must— be in the approved form; and state— the day the poll will be conducted; and the names of all candidates properly nominated for election in the order decided under section 57 ; and the location of all ordinary polling booths to be used for taking the ballot in the poll; and that the ordinary voting hours are from 8a.m. to 6p.m; and be published on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n(sec.35-ssec.4) Publication of the notice under subsection (3) (c) must— start as soon as practicable after noon on the nomination day; and continue until the close of the poll.\n- (a) be in the approved form; and\n- (b) state— (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 57 ; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and\n- (i) the day the poll will be conducted; and\n- (ii) the names of all candidates properly nominated for election in the order decided under section 57 ; and\n- (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and\n- (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and\n- (c) be published on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n- (i) the day the poll will be conducted; and\n- (ii) the names of all candidates properly nominated for election in the order decided under section 57 ; and\n- (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and\n- (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and\n- (a) start as soon as practicable after noon on the nomination day; and\n- (b) continue until the close of the poll.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Procedure on death of candidate when poll to be conducted","content":"### sec.36 Procedure on death of candidate when poll to be conducted\n\nIf a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election—\nfor a candidate for mayor—the proceedings for the election of the mayor must start again; and\nfor a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and\nfor a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again.\nAlso, the Minister may, by gazette notice, direct that—\nif subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or\nif subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or\nif subsection (1) (c) applies—\nproceedings for holding an election of the mayor of the local government start again; and\nproceedings for the election of councillors for the other divisions of the local government start again.\nThe deceased candidate’s deposit must be refunded to—\nif the deposit was paid by someone other than the candidate—the other person; or\notherwise—the candidate’s personal representative.\nThe deposits of other candidates must be refunded to the persons who paid the deposits.\nIf proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election.\ns 36 amd 2012 No. 33 s 182\n(sec.36-ssec.1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day for an election— for a candidate for mayor—the proceedings for the election of the mayor must start again; and for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again.\n(sec.36-ssec.2) Also, the Minister may, by gazette notice, direct that— if subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or if subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or if subsection (1) (c) applies— proceedings for holding an election of the mayor of the local government start again; and proceedings for the election of councillors for the other divisions of the local government start again.\n(sec.36-ssec.3) The deceased candidate’s deposit must be refunded to— if the deposit was paid by someone other than the candidate—the other person; or otherwise—the candidate’s personal representative.\n(sec.36-ssec.4) The deposits of other candidates must be refunded to the persons who paid the deposits.\n(sec.36-ssec.5) If proceedings for an election are started again, the electoral commission must, by gazette notice, fix a new polling day for the election.\n- (a) for a candidate for mayor—the proceedings for the election of the mayor must start again; and\n- (b) for a candidate for councillor (other than mayor) if the local government’s area is undivided—the proceedings for the election of the councillors must start again; and\n- (c) for a candidate for councillor (other than mayor) for a division of a local government’s area—the proceedings for the election of councillors for the division must start again.\n- (a) if subsection (1) (a) applies—all proceedings for the election of councillors of the local government start again; or\n- (b) if subsection (1) (b) applies—proceedings for holding an election of the mayor of the local government start again; or\n- (c) if subsection (1) (c) applies— (i) proceedings for holding an election of the mayor of the local government start again; and (ii) proceedings for the election of councillors for the other divisions of the local government start again.\n- (i) proceedings for holding an election of the mayor of the local government start again; and\n- (ii) proceedings for the election of councillors for the other divisions of the local government start again.\n- (i) proceedings for holding an election of the mayor of the local government start again; and\n- (ii) proceedings for the election of councillors for the other divisions of the local government start again.\n- (a) if the deposit was paid by someone other than the candidate—the other person; or\n- (b) otherwise—the candidate’s personal representative.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"If successful candidate dies","content":"### sec.37 If successful candidate dies\n\nIf a candidate who is successful at an election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate.\nThe effect of this section would be that a new vacancy exists in the office of the councillor.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Changing nomination day or polling day","content":"### sec.38 Changing nomination day or polling day\n\nThis section applies if a returning officer publishes—\nnotice of a nomination day under section 25 ; or\nnotice of the day a poll will be conducted under section 35 .\nThe electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by—\na storm, flood, fire or a similar happening; or\na riot or open violence; or\nanother exceptional circumstance.\nIf the electoral commission fixes a later day under subsection (2) —\nthe later day must be—\nfor a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or\nfor a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and\nthe returning officer—\nmay give any necessary directions to candidates, and to electors, about the procedures to be followed; and\nmust publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.\ns 38 amd 2019 No. 30 s 165\n(sec.38-ssec.1) This section applies if a returning officer publishes— notice of a nomination day under section 25 ; or notice of the day a poll will be conducted under section 35 .\n(sec.38-ssec.2) The electoral commission may, by gazette notice, fix a later day as the nomination day or polling day if the conduct of the election is likely to be affected by— a storm, flood, fire or a similar happening; or a riot or open violence; or another exceptional circumstance.\n(sec.38-ssec.3) If the electoral commission fixes a later day under subsection (2) — the later day must be— for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and the returning officer— may give any necessary directions to candidates, and to electors, about the procedures to be followed; and must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n- (a) notice of a nomination day under section 25 ; or\n- (b) notice of the day a poll will be conducted under section 35 .\n- (a) a storm, flood, fire or a similar happening; or\n- (b) a riot or open violence; or\n- (c) another exceptional circumstance.\n- (a) the later day must be— (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and\n- (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or\n- (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and\n- (b) the returning officer— (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n- (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and\n- (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n- (i) for a later nomination day—a day that is as close as practicable to the nomination day mentioned in subsection (1) (a) ; or\n- (ii) for a later polling day—the Saturday that is as close as practicable to the day the poll would have been conducted under section 35 ; and\n- (i) may give any necessary directions to candidates, and to electors, about the procedures to be followed; and\n- (ii) must publish a notice detailing the directions on the electoral commission’s website, and in other ways the returning officer considers appropriate.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Deposit to accompany nomination","content":"### sec.39 Deposit to accompany nomination\n\nAt the same time as a nomination is given to the returning officer under section 27 , the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer.\nThe deposit must be paid—\nin cash; or\nby a cheque drawn by a financial institution; or\nby electronic funds transfer.\ns 39 amd 2014 No. 44 s 34\n(sec.39-ssec.1) At the same time as a nomination is given to the returning officer under section 27 , the nominee, or another person on behalf of the nominee, must deposit $250 with the returning officer.\n(sec.39-ssec.2) The deposit must be paid— in cash; or by a cheque drawn by a financial institution; or by electronic funds transfer.\n- (a) in cash; or\n- (b) by a cheque drawn by a financial institution; or\n- (c) by electronic funds transfer.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Disposal of deposits generally","content":"### sec.40 Disposal of deposits generally\n\nAs soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if—\nthe candidate is elected; or\nif the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or\nif the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.\nIf a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person.\nAll other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30 , 33 or 36 applies.\ns 40 amd 2014 No. 44 s 35\n(sec.40-ssec.1) As soon as practicable after the conclusion of an election, each candidate’s deposit must be refunded to the person who paid the deposit if— the candidate is elected; or if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.\n(sec.40-ssec.2) If a deposit is to be refunded to a person, it may be refunded to someone else with the written authority of the person.\n(sec.40-ssec.3) All other candidates’ deposits become the property of the State when the outcome of the election is decided unless section 30 , 33 or 36 applies.\n- (a) the candidate is elected; or\n- (b) if the system of voting at the election is optional-preferential voting—the number of formal first-preference votes received by the candidate is more than 4% of the total number of formal first-preference votes cast in the election; or\n- (c) if the system of voting at the election is first-past-the-post voting—the number of formal votes received by the candidate is more than 4% of the total number of formal votes cast in the election.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.41 Purpose of subdivision\n\nThe purpose of this subdivision is—\nto allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and\nto treat the group, for certain purposes, as if it were a person.\ns 41 amd 2014 No. 44 s 36 ; 2019 No. 30 s 205\nsub 2023 No. 8 s 16\n- (a) to allow candidates to engage in group campaign activities for a particular election by being members of a group of candidates for that election; and\n- (b) to treat the group, for certain purposes, as if it were a person.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Creation of group of candidates","content":"### sec.42 Creation of group of candidates\n\nIf 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may—\nform a group for the purposes of this Act for the election; and\ngive the electoral commission written notice of the membership of the group.\nAs soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5) (d) and (e) has been deleted—\non the electoral commission’s website; and\nin other ways the electoral commission considers appropriate.\nThe group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) .\nSee also sections 43 (3) and 43A (3) .\nThe notice may only be given during the period that—\nstarts—\nif the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or\notherwise—the day after the polling day for the most recent election in relation to the local government’s area; and\nends immediately before the polling day for the election.\nThe notice must—\nbe in the approved form; and\nstate the name of the proposed group of candidates; and\nstate the name of each candidate who will be a member of the group of candidates; and\nbe signed by each candidate who will be a member of the group of candidates; and\ninclude information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127 ; and\nbe accompanied by written notice under section 116C (1) (c) of the appointment of a person as the agent of the proposed group of candidates.\ns 42 amd 2019 No. 30 s 206\nsub 2023 No. 8 s 16\n(sec.42-ssec.1) If 2 or more candidates in an election propose to engage in group campaign activities for the election, the candidates may— form a group for the purposes of this Act for the election; and give the electoral commission written notice of the membership of the group.\n(sec.42-ssec.2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5) (d) and (e) has been deleted— on the electoral commission’s website; and in other ways the electoral commission considers appropriate.\n(sec.42-ssec.3) The group becomes a group of candidates for the election when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) . See also sections 43 (3) and 43A (3) .\n(sec.42-ssec.4) The notice may only be given during the period that— starts— if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and ends immediately before the polling day for the election.\n(sec.42-ssec.5) The notice must— be in the approved form; and state the name of the proposed group of candidates; and state the name of each candidate who will be a member of the group of candidates; and be signed by each candidate who will be a member of the group of candidates; and include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127 ; and be accompanied by written notice under section 116C (1) (c) of the appointment of a person as the agent of the proposed group of candidates.\n- (a) form a group for the purposes of this Act for the election; and\n- (b) give the electoral commission written notice of the membership of the group.\n- (a) on the electoral commission’s website; and\n- (b) in other ways the electoral commission considers appropriate.\n- (a) starts— (i) if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or (ii) otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and\n- (i) if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or\n- (ii) otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and\n- (b) ends immediately before the polling day for the election.\n- (i) if the most recent election in relation to the local government’s area was a quadrennial election—30 days after the polling day for the quadrennial election; or\n- (ii) otherwise—the day after the polling day for the most recent election in relation to the local government’s area; and\n- (a) be in the approved form; and\n- (b) state the name of the proposed group of candidates; and\n- (c) state the name of each candidate who will be a member of the group of candidates; and\n- (d) be signed by each candidate who will be a member of the group of candidates; and\n- (e) include information about the account with a financial institution the proposed group of candidates intends to use as its account for section 127 ; and\n- (f) be accompanied by written notice under section 116C (1) (c) of the appointment of a person as the agent of the proposed group of candidates.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Changing membership of group of candidates","content":"### sec.43 Changing membership of group of candidates\n\nA group of candidates for an election may—\nchange the membership of the group at any time before the polling day for the election; and\nby its agent, give the electoral commission written notice of the proposed change to the membership of the group.\nAs soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5) (f) has been deleted—\non the electoral commission’s website; and\nin other ways the electoral commission considers appropriate.\nDespite section 42 (3) , when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) —\nthe change to the membership of the group of candidates takes effect; and\nthe group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.\nThe change to the membership of the group of candidates must not result in only 1 candidate being a member of the group.\nThe notice must—\nbe in the approved form; and\nstate the name of the group of candidates and, if the name is proposed to change, the proposed name; and\nstate the name of each candidate who is a member of the group when the notice is given; and\nif a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and\nif a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and\nbe signed by each candidate mentioned in paragraphs (c) and (d) .\ns 43 amd 2019 No. 30 s 207 ; 2020 No. 20 s 127\nsub 2023 No. 8 s 16\n(sec.43-ssec.1) A group of candidates for an election may— change the membership of the group at any time before the polling day for the election; and by its agent, give the electoral commission written notice of the proposed change to the membership of the group.\n(sec.43-ssec.2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (5) (f) has been deleted— on the electoral commission’s website; and in other ways the electoral commission considers appropriate.\n(sec.43-ssec.3) Despite section 42 (3) , when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) — the change to the membership of the group of candidates takes effect; and the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.\n(sec.43-ssec.4) The change to the membership of the group of candidates must not result in only 1 candidate being a member of the group.\n(sec.43-ssec.5) The notice must— be in the approved form; and state the name of the group of candidates and, if the name is proposed to change, the proposed name; and state the name of each candidate who is a member of the group when the notice is given; and if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and be signed by each candidate mentioned in paragraphs (c) and (d) .\n- (a) change the membership of the group at any time before the polling day for the election; and\n- (b) by its agent, give the electoral commission written notice of the proposed change to the membership of the group.\n- (a) on the electoral commission’s website; and\n- (b) in other ways the electoral commission considers appropriate.\n- (a) the change to the membership of the group of candidates takes effect; and\n- (b) the group is taken to be comprised of the candidates in accordance with the change to the membership of the group as stated in the notice.\n- (a) be in the approved form; and\n- (b) state the name of the group of candidates and, if the name is proposed to change, the proposed name; and\n- (c) state the name of each candidate who is a member of the group when the notice is given; and\n- (d) if a candidate proposes to become a member of the group—state the name of each candidate who proposes to become a member; and\n- (e) if a candidate proposes to no longer be a member of the group—state the name of each candidate who proposes to no longer be a member; and\n- (f) be signed by each candidate mentioned in paragraphs (c) and (d) .","sortOrder":57},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Winding up group of candidates","content":"### sec.43A Winding up group of candidates\n\nThe members of a group of candidates for an election may—\nwind up the group at any time before the polling day for the election; and\nby its agent, give the electoral commission written notice of the proposed winding up.\nAs soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4) (d) has been deleted—\non the electoral commission’s website; and\nin other ways the electoral commission considers appropriate.\nDespite sections 42 (3) and 43 (3) , when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) , the group of candidates stops being a group of candidates for the election.\nThe notice must—\nbe in the approved form; and\nstate the name of the group of candidates; and\nstate the name of each candidate who is a member of the group when the notice is given; and\nbe signed by each candidate mentioned in paragraph (c) .\ns 43A ins 2023 No. 8 s 16\n(sec.43A-ssec.1) The members of a group of candidates for an election may— wind up the group at any time before the polling day for the election; and by its agent, give the electoral commission written notice of the proposed winding up.\n(sec.43A-ssec.2) As soon as practicable after the electoral commission receives the notice, the electoral commission must publish a copy of the notice from which information required under subsection (4) (d) has been deleted— on the electoral commission’s website; and in other ways the electoral commission considers appropriate.\n(sec.43A-ssec.3) Despite sections 42 (3) and 43 (3) , when the electoral commission publishes the notice on the electoral commission’s website under subsection (2) , the group of candidates stops being a group of candidates for the election.\n(sec.43A-ssec.4) The notice must— be in the approved form; and state the name of the group of candidates; and state the name of each candidate who is a member of the group when the notice is given; and be signed by each candidate mentioned in paragraph (c) .\n- (a) wind up the group at any time before the polling day for the election; and\n- (b) by its agent, give the electoral commission written notice of the proposed winding up.\n- (a) on the electoral commission’s website; and\n- (b) in other ways the electoral commission considers appropriate.\n- (a) be in the approved form; and\n- (b) state the name of the group of candidates; and\n- (c) state the name of each candidate who is a member of the group when the notice is given; and\n- (d) be signed by each candidate mentioned in paragraph (c) .","sortOrder":58},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Requirements for membership of group of candidates","content":"### sec.43B Requirements for membership of group of candidates\n\nA candidate in an election may be a member of a group of candidates only if—\nfor a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and\nthe candidate is not a member of another group of candidates for the election; and\nthe candidate is not endorsed, within the meaning of section 109G , by a registered political party for the election.\nAlso, only 1 member of a group of candidates may be a candidate for election as mayor of a local government.\nThis section applies despite sections 42 and 43 .\ns 43B ins 2023 No. 8 s 16\n(sec.43B-ssec.1) A candidate in an election may be a member of a group of candidates only if— for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and the candidate is not a member of another group of candidates for the election; and the candidate is not endorsed, within the meaning of section 109G , by a registered political party for the election.\n(sec.43B-ssec.2) Also, only 1 member of a group of candidates may be a candidate for election as mayor of a local government.\n(sec.43B-ssec.3) This section applies despite sections 42 and 43 .\n- (a) for a quadrennial election for a local government—each other candidate who is a member of the group is a candidate in the quadrennial election for the same local government; and\n- (b) the candidate is not a member of another group of candidates for the election; and\n- (c) the candidate is not endorsed, within the meaning of section 109G , by a registered political party for the election.","sortOrder":59},{"sectionNumber":"sec.43C","sectionType":"section","heading":"Application of Act to groups of candidates","content":"### sec.43C Application of Act to groups of candidates\n\nPart 6 and part 9 , division 5 apply in relation to a group of candidates as if it were a person.\nAn obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9 , division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.\nAn amount that, apart from this subsection, would be payable under part 6 or part 9 , division 5 by a group of candidates is jointly and severally payable by the members of the group.\nAn offence against a provision of part 6 or part 9 , division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who—\nauthorised or permitted the conduct that would have constituted the offence; or\nwas, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nThis section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9 , division 5 .\nA reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—\non behalf of a group of candidates; and\nunder the group’s actual or apparent authority.\nAlso, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.\ns 43C ins 2023 No. 8 s 16\n(sec.43C-ssec.1) Part 6 and part 9 , division 5 apply in relation to a group of candidates as if it were a person.\n(sec.43C-ssec.2) An obligation or liability that, apart from this subsection, would be imposed under part 6 or part 9 , division 5 on a group of candidates, is imposed on each member of the group, but may be discharged by any of the members of the group.\n(sec.43C-ssec.3) An amount that, apart from this subsection, would be payable under part 6 or part 9 , division 5 by a group of candidates is jointly and severally payable by the members of the group.\n(sec.43C-ssec.4) An offence against a provision of part 6 or part 9 , division 5 that, apart from this subsection, would be committed by a group of candidates is taken to have been committed by each member of the group who— authorised or permitted the conduct that would have constituted the offence; or was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.43C-ssec.5) This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of a group of candidates, for an offence against part 6 or part 9 , division 5 .\n(sec.43C-ssec.6) A reference in part 6 to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting— on behalf of a group of candidates; and under the group’s actual or apparent authority.\n(sec.43C-ssec.7) Also, a reference in part 6 to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of a group of candidates.\n- (a) authorised or permitted the conduct that would have constituted the offence; or\n- (b) was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.\n- (a) on behalf of a group of candidates; and\n- (b) under the group’s actual or apparent authority.","sortOrder":60},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Validation of ballot paper","content":"### sec.43D Validation of ballot paper\n\nThis section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42 , 43 or 43A after noon on the nomination day for the election.\nA ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate’s name on the ballot paper.\ns 43D ins 2023 No. 8 s 16\n(sec.43D-ssec.1) This section applies if a notice in relation to a group of candidates for an election is given to the electoral commission under section 42 , 43 or 43A after noon on the nomination day for the election.\n(sec.43D-ssec.2) A ballot paper is taken to comply with section 55 whether or not the name of the group of candidates is printed adjacent to a candidate’s name on the ballot paper.","sortOrder":61},{"sectionNumber":"sec.43E","sectionType":"section","heading":"Application of return provisions—candidate stops being member of group of candidates","content":"### sec.43E Application of return provisions—candidate stops being member of group of candidates\n\nThis section applies if—\na candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43 (3) ; and\nthe group has not been wound up under section 43A .\nSections 118 (4) and (7) , 120 (6) , (8) and (9) and 125 apply in relation to the group of candidates as if—\na reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1) (a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and\na reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1) (a) ; and\na reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1) (a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and\na reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1) (a) when the candidate was a member of the group.\ns 43E ins 2023 No. 8 s 16\n(sec.43E-ssec.1) This section applies if— a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43 (3) ; and the group has not been wound up under section 43A .\n(sec.43E-ssec.2) Sections 118 (4) and (7) , 120 (6) , (8) and (9) and 125 apply in relation to the group of candidates as if— a reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1) (a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and a reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1) (a) ; and a reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1) (a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1) (a) when the candidate was a member of the group.\n- (a) a candidate stops being a member of a group of candidates, for an election, because a change to the membership of the group takes effect under section 43 (3) ; and\n- (b) the group has not been wound up under section 43A .\n- (a) a reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, included a reference to the candidate mentioned in subsection (1) (a) receiving a gift, or not receiving any gifts, when the candidate was a member of the group; and\n- (b) a reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates included a reference to the candidate mentioned in subsection (1) (a) ; and\n- (c) a reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to the candidate mentioned in subsection (1) (a) receiving a loan, or not receiving any loans, when the candidate was a member of the group; and\n- (d) a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates included a reference to electoral expenditure incurred, or not incurred, by the candidate mentioned in subsection (1) (a) when the candidate was a member of the group.","sortOrder":62},{"sectionNumber":"sec.43F","sectionType":"section","heading":"Application of return provisions—group of candidates that has been wound up","content":"### sec.43F Application of return provisions—group of candidates that has been wound up\n\nThis section applies if a group of candidates for an election is wound up under section 43A (a former group ).\nSections 118 (4) and (7) , 120 (6) , (8) and (9) and 125 apply in relation to the former group as if—\na reference in the sections to a group of candidates were a reference to the former group; and\na reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and\na reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and\na reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and\na reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and\na reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred—\nby the former group; or\nby a candidate who was a member of the former group when the candidate was a member of the former group; and\na reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.\nAlso, section 127 (5) to (8) applies in relation to the former group as if—\na reference in the provision to a group of candidates were a reference to the former group; and\na reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and\na reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.\ns 43F ins 2023 No. 8 s 16\n(sec.43F-ssec.1) This section applies if a group of candidates for an election is wound up under section 43A (a former group ).\n(sec.43F-ssec.2) Sections 118 (4) and (7) , 120 (6) , (8) and (9) and 125 apply in relation to the former group as if— a reference in the sections to a group of candidates were a reference to the former group; and a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and a reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and a reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and a reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred— by the former group; or by a candidate who was a member of the former group when the candidate was a member of the former group; and a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.\n(sec.43F-ssec.3) Also, section 127 (5) to (8) applies in relation to the former group as if— a reference in the provision to a group of candidates were a reference to the former group; and a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.\n- (a) a reference in the sections to a group of candidates were a reference to the former group; and\n- (b) a reference in the sections to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up; and\n- (c) a reference in section 118 (4) to a member of a group of candidates receiving a gift, or not receiving any gifts, were a reference to a candidate who was a member of the former group receiving a gift, or not receiving any gifts, when the candidate was a member of the former group; and\n- (d) a reference in section 118 (7) or 120 (8) or (9) to a member of a group of candidates were a reference to a candidate who was a member of the former group at any time before the former group was wound up; and\n- (e) a reference in section 120 (6) to a group of candidates receiving a loan, or not receiving any loans, included a reference to a candidate who was a member of the former group receiving a loan, or not receiving any loans, when the candidate was a member of the former group; and\n- (f) a reference in section 125 to electoral expenditure incurred, or not incurred, by a group of candidates were a reference to electoral expenditure incurred, or not incurred— (i) by the former group; or (ii) by a candidate who was a member of the former group when the candidate was a member of the former group; and\n- (i) by the former group; or\n- (ii) by a candidate who was a member of the former group when the candidate was a member of the former group; and\n- (g) a reference in section 125 to the dedicated account of a group of candidates were a reference to the account that was the dedicated account of the former group before the group was wound up.\n- (i) by the former group; or\n- (ii) by a candidate who was a member of the former group when the candidate was a member of the former group; and\n- (a) a reference in the provision to a group of candidates were a reference to the former group; and\n- (b) a reference in the provision to a member of a group of candidates were a reference to a candidate who was a member of the former group immediately before it was wound up; and\n- (c) a reference in the provision to the disclosure period for a group of candidates were a reference to the disclosure period that applied in relation to the former group before it was wound up.","sortOrder":63},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Arrangements for local government elections","content":"## Arrangements for local government elections","sortOrder":64},{"sectionNumber":"sec.44","sectionType":"section","heading":"Poll by ballot","content":"### sec.44 Poll by ballot\n\nA poll must be conducted by ballot taken under this part.","sortOrder":65},{"sectionNumber":"sec.45AA","sectionType":"section","heading":"Application for recommendation that poll be conducted by postal ballot","content":"### sec.45AA Application for recommendation that poll be conducted by postal ballot\n\nA local government may apply to the electoral commissioner to make a written recommendation to the Minister that a poll be conducted by postal ballot in—\nfor an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or\nfor an election for a division of the local government’s area—the division or a part of the division.\nThe application must be made—\nfor a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the electoral commissioner; or\nfor a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24 .\ns 45AA ins 2019 No. 30 s 166\namd 2026 No. 5 s 135\n(sec.45AA-ssec.1) A local government may apply to the electoral commissioner to make a written recommendation to the Minister that a poll be conducted by postal ballot in— for an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or for an election for a division of the local government’s area—the division or a part of the division.\n(sec.45AA-ssec.2) The application must be made— for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the electoral commissioner; or for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24 .\n- (a) for an election for all of the local government’s area—all of the local government’s area or a part or division of the local government’s area; or\n- (b) for an election for a division of the local government’s area—the division or a part of the division.\n- (a) for a poll for a quadrennial election—before 1 May in the year preceding the quadrennial election or a later day approved by the electoral commissioner; or\n- (b) for a poll for a by-election—before the day for holding the by-election is fixed by the returning officer under section 24 .","sortOrder":66},{"sectionNumber":"sec.45AB","sectionType":"section","heading":"Deciding application for recommendation","content":"### sec.45AB Deciding application for recommendation\n\nFor an application by a local government under section 45AA , the electoral commissioner must—\nas soon as practicable after the application is made, give the Minister notice of the application; and\nconsider the application; and\nmake a written recommendation about whether the poll should be conducted by postal ballot and the reasons for the recommendation; and\ngive the recommendation and reasons to the Minister.\nBefore making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation.\nIn making the recommendation, the electoral commissioner must have regard to the following matters—\nthe reasons, stated in the application, why the poll should be conducted by postal ballot;\nthe costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths;\nthe number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates;\nthe population density and distribution in the area to which the application relates;\nwhether a poll has previously been conducted by postal ballot in the area to which the application relates.\ns 45AB ins 2019 No. 30 s 166\namd 2026 No. 5 s 136\n(sec.45AB-ssec.1) For an application by a local government under section 45AA , the electoral commissioner must— as soon as practicable after the application is made, give the Minister notice of the application; and consider the application; and make a written recommendation about whether the poll should be conducted by postal ballot and the reasons for the recommendation; and give the recommendation and reasons to the Minister.\n(sec.45AB-ssec.2) Before making the recommendation, the electoral commissioner may ask the local government for further information the electoral commissioner reasonably requires to make the recommendation.\n(sec.45AB-ssec.3) In making the recommendation, the electoral commissioner must have regard to the following matters— the reasons, stated in the application, why the poll should be conducted by postal ballot; the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths; the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates; the population density and distribution in the area to which the application relates; whether a poll has previously been conducted by postal ballot in the area to which the application relates.\n- (a) as soon as practicable after the application is made, give the Minister notice of the application; and\n- (b) consider the application; and\n- (c) make a written recommendation about whether the poll should be conducted by postal ballot and the reasons for the recommendation; and\n- (d) give the recommendation and reasons to the Minister.\n- (a) the reasons, stated in the application, why the poll should be conducted by postal ballot;\n- (b) the costs of conducting the poll by postal ballot compared to the costs of conducting the poll using polling booths;\n- (c) the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the area to which the application relates;\n- (d) the population density and distribution in the area to which the application relates;\n- (e) whether a poll has previously been conducted by postal ballot in the area to which the application relates.","sortOrder":67},{"sectionNumber":"sec.45","sectionType":"section","heading":"Direction that poll be conducted by postal ballot","content":"### sec.45 Direction that poll be conducted by postal ballot\n\nAfter receiving the electoral commissioner’s recommendation under section 45AB , the Minister must consider the recommendation and decide whether to give a direction that the poll the subject of the recommendation be conducted by postal ballot.\nIn deciding whether to give the direction, the Minister must have regard to—\nthe electoral commissioner’s recommendation and the reasons for the recommendation; and\nthe matters mentioned in section 45AB (3) .\nThe direction may be given for—\nall the local government’s area; or\n1 or more divisions of its area; or\na part of its area marked on a map.\nIf the direction is given for a part of a local government’s area, the local government must—\nensure that the public may inspect the relevant map—\nat the local government’s public office; and\non the local government’s website; and\npublish details of the direction on the local government’s website, and in other ways the local government considers appropriate.\ns 45 amd 2014 No. 44 s 37\nsub 2019 No. 30 s 166\namd 2023 No. 30 s 113 ; 2026 No. 5 s 137\n(sec.45-ssec.1) After receiving the electoral commissioner’s recommendation under section 45AB , the Minister must consider the recommendation and decide whether to give a direction that the poll the subject of the recommendation be conducted by postal ballot.\n(sec.45-ssec.2) In deciding whether to give the direction, the Minister must have regard to— the electoral commissioner’s recommendation and the reasons for the recommendation; and the matters mentioned in section 45AB (3) .\n(sec.45-ssec.3) The direction may be given for— all the local government’s area; or 1 or more divisions of its area; or a part of its area marked on a map.\n(sec.45-ssec.4) If the direction is given for a part of a local government’s area, the local government must— ensure that the public may inspect the relevant map— at the local government’s public office; and on the local government’s website; and publish details of the direction on the local government’s website, and in other ways the local government considers appropriate.\n- (a) the electoral commissioner’s recommendation and the reasons for the recommendation; and\n- (b) the matters mentioned in section 45AB (3) .\n- (a) all the local government’s area; or\n- (b) 1 or more divisions of its area; or\n- (c) a part of its area marked on a map.\n- (a) ensure that the public may inspect the relevant map— (i) at the local government’s public office; and (ii) on the local government’s website; and\n- (i) at the local government’s public office; and\n- (ii) on the local government’s website; and\n- (b) publish details of the direction on the local government’s website, and in other ways the local government considers appropriate.\n- (i) at the local government’s public office; and\n- (ii) on the local government’s website; and","sortOrder":68},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Decisions under this subdivision are not subject to appeal","content":"### sec.45A Decisions under this subdivision are not subject to appeal\n\nA decision of the Minister or the electoral commissioner under this subdivision is not subject to appeal.\nSee the Judicial Review Act 1991 , section 6 in relation to the making of a recommendation for the purposes of that Act. See also section 158 .\ns 45A ins 2019 No. 30 s 166","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Kinds of polling booths","content":"### sec.46 Kinds of polling booths\n\nThere are 3 kinds of polling booths—\nordinary polling booths; and\nmobile polling booths; and\npre-polling booths.\nAn ordinary polling booth is a building or other structure, or a part of a building or other structure, that the returning officer for an election arranges to be available on polling day for the election to enable electors in general to vote.\nA mobile polling booth is—\nall or part of an institution made available as a mobile polling booth under section 49 (1) ; or\nall or part of a place made available as a mobile polling booth under section 49 (2) .\nA pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote.\ns 46 amd 2014 No. 44 s 38\n(sec.46-ssec.1) There are 3 kinds of polling booths— ordinary polling booths; and mobile polling booths; and pre-polling booths.\n(sec.46-ssec.2) An ordinary polling booth is a building or other structure, or a part of a building or other structure, that the returning officer for an election arranges to be available on polling day for the election to enable electors in general to vote.\n(sec.46-ssec.3) A mobile polling booth is— all or part of an institution made available as a mobile polling booth under section 49 (1) ; or all or part of a place made available as a mobile polling booth under section 49 (2) .\n(sec.46-ssec.4) A pre-polling booth means a place arranged under section 50 as a polling booth for electors to cast a pre-poll vote.\n- (a) ordinary polling booths; and\n- (b) mobile polling booths; and\n- (c) pre-polling booths.\n- (a) all or part of an institution made available as a mobile polling booth under section 49 (1) ; or\n- (b) all or part of a place made available as a mobile polling booth under section 49 (2) .","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Polling booths—general","content":"### sec.47 Polling booths—general\n\nThe returning officer for an election—\nmay arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and\nmay arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and\nmust ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers.\nA place on or from which liquor may lawfully be sold can not be used as a polling booth.\nHowever, a civic or cultural centre, community hall or similar place under a local government’s control, may be used as a polling booth if—\nthe floor area for taking the ballot is designated in the polling notice; and\nthe local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot.\nThe returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area.\n(sec.47-ssec.1) The returning officer for an election— may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers.\n(sec.47-ssec.2) A place on or from which liquor may lawfully be sold can not be used as a polling booth.\n(sec.47-ssec.3) However, a civic or cultural centre, community hall or similar place under a local government’s control, may be used as a polling booth if— the floor area for taking the ballot is designated in the polling notice; and the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot.\n(sec.47-ssec.4) The returning officer may arrange for all polling booths, or only particular polling booths, for an election to be used for any other election conducted at the same time for the one local government area.\n- (a) may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used for the election; and\n- (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and\n- (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers.\n- (a) the floor area for taking the ballot is designated in the polling notice; and\n- (b) the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot.","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Provision of ordinary polling booths","content":"### sec.48 Provision of ordinary polling booths\n\nFor taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote.\nThe returning officer may—\nless than 3 days before polling day, arrange for an ordinary polling booth to be used; or\nless than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth;\nonly if it is necessary because of circumstances beyond the returning officer’s control.\nIf, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice—\nof the location of the booth; and\nthat the ordinary voting hours of the booth are from 8a.m. to 6p.m.\nIf the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation.\nThe notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally.\n(sec.48-ssec.1) For taking a ballot in an election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote.\n(sec.48-ssec.2) The returning officer may— less than 3 days before polling day, arrange for an ordinary polling booth to be used; or less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer’s control.\n(sec.48-ssec.3) If, after publication of the polling notice, the returning officer arranges for the use of an ordinary polling booth, the officer must also publish notice— of the location of the booth; and that the ordinary voting hours of the booth are from 8a.m. to 6p.m.\n(sec.48-ssec.4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must also publish notice of the cancellation.\n(sec.48-ssec.5) The notice under subsection (3) or (4) is to be given in the way the returning officer considers is the best way to inform electors generally.\n- (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or\n- (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth;\n- (a) of the location of the booth; and\n- (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.m.","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Declaration of mobile polling booths","content":"### sec.49 Declaration of mobile polling booths\n\nIf the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll.\nIf the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth, the returning officer may arrange for any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll.\nIf the returning officer acts under subsection (1) or (2) , the officer must—\nfix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and\npublish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—\ndeclaring all or part of the institution or the place as a mobile polling booth for the election; and\nstating the times at which votes may be cast at the booth.\nIf the returning officer arranges a place to be available as a mobile polling booth under subsection (2) , the returning officer may change the arrangements made for the mobile polling booth under subsection (3) at any time.\nIf the arrangements are changed under subsection (4) , the returning officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.\nThe returning officer must give written notice to candidates of the declaration of the mobile polling booth, the times at which votes may be cast at the booth, and any change to the arrangements under subsection (4) .\nOn the declaration of a mobile polling booth, the patients or residents of the institution who are electors, or electors resident in the part of the local government area in which the mobile polling booth is situated, may vote at the booth during—\nthe times stated for the booth in the notice published under subsection (3) (b) ; or\nif the times have been changed under subsection (4) —the changed times.\ns 49 amd 2014 No. 44 s 39 ; 2019 No. 30 s 167\n(sec.49-ssec.1) If the returning officer is satisfied patients or residents of an institution should be able to vote at the institution in a poll, the returning officer may arrange for all or part of the institution to be available as a mobile polling booth to enable the patients or residents to vote there in the poll.\n(sec.49-ssec.2) If the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth, the returning officer may arrange for any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll.\n(sec.49-ssec.3) If the returning officer acts under subsection (1) or (2) , the officer must— fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate— declaring all or part of the institution or the place as a mobile polling booth for the election; and stating the times at which votes may be cast at the booth.\n(sec.49-ssec.4) If the returning officer arranges a place to be available as a mobile polling booth under subsection (2) , the returning officer may change the arrangements made for the mobile polling booth under subsection (3) at any time.\n(sec.49-ssec.5) If the arrangements are changed under subsection (4) , the returning officer must take the steps that are practical and appropriate to give public notice of the changed arrangements.\n(sec.49-ssec.6) The returning officer must give written notice to candidates of the declaration of the mobile polling booth, the times at which votes may be cast at the booth, and any change to the arrangements under subsection (4) .\n(sec.49-ssec.7) On the declaration of a mobile polling booth, the patients or residents of the institution who are electors, or electors resident in the part of the local government area in which the mobile polling booth is situated, may vote at the booth during— the times stated for the booth in the notice published under subsection (3) (b) ; or if the times have been changed under subsection (4) —the changed times.\n- (a) fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting; and\n- (b) publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate— (i) declaring all or part of the institution or the place as a mobile polling booth for the election; and (ii) stating the times at which votes may be cast at the booth.\n- (i) declaring all or part of the institution or the place as a mobile polling booth for the election; and\n- (ii) stating the times at which votes may be cast at the booth.\n- (i) declaring all or part of the institution or the place as a mobile polling booth for the election; and\n- (ii) stating the times at which votes may be cast at the booth.\n- (a) the times stated for the booth in the notice published under subsection (3) (b) ; or\n- (b) if the times have been changed under subsection (4) —the changed times.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Declaration of pre-polling booths","content":"### sec.50 Declaration of pre-polling booths\n\nThe returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote.\nA polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held.\nHowever, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places—\nthe public office, or a part of the public office, of the local government for which the election is to be held;\nanother office used by the local government to receive rate payments;\nanother convenient place in the local government’s area.\nAlso, the returning officer must—\nfix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and\npublish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate—\ndeclaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and\nstating the times at which votes may be cast at the booth.\nThe returning officer must give written notice to candidates of the declaration of the polling booth and the times at which votes may be cast at the booth.\ns 50 amd 2014 No. 44 s 40 ; 2019 No. 30 ss 168 , 208\n(sec.50-ssec.1) The returning officer may arrange a place as a polling booth for an election to enable electors to cast a pre-poll vote.\n(sec.50-ssec.2) A polling booth mentioned in subsection (1) may be located anywhere within or outside the local government area, or division of the local government area, for which the election is to be held.\n(sec.50-ssec.3) However, the returning officer must ensure a pre-polling booth mentioned in subsection (1) is arranged at 1 of the following places— the public office, or a part of the public office, of the local government for which the election is to be held; another office used by the local government to receive rate payments; another convenient place in the local government’s area.\n(sec.50-ssec.4) Also, the returning officer must— fix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate— declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and stating the times at which votes may be cast at the booth.\n(sec.50-ssec.5) The returning officer must give written notice to candidates of the declaration of the polling booth and the times at which votes may be cast at the booth.\n- (a) the public office, or a part of the public office, of the local government for which the election is to be held;\n- (b) another office used by the local government to receive rate payments;\n- (c) another convenient place in the local government’s area.\n- (a) fix the times, during the period starting 14 days before the polling day and ending at 6p.m. on the day immediately before polling day, when the polling booth may be used for voting; and\n- (b) publish a notice on the electoral commission’s website, and in other ways the returning officer considers appropriate— (i) declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and (ii) stating the times at which votes may be cast at the booth.\n- (i) declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and\n- (ii) stating the times at which votes may be cast at the booth.\n- (i) declaring the place as a polling booth for the election to enable electors to cast a pre-poll vote; and\n- (ii) stating the times at which votes may be cast at the booth.","sortOrder":74},{"sectionNumber":"sec.51","sectionType":"section","heading":"Duty of person in charge of institution","content":"### sec.51 Duty of person in charge of institution\n\nIf the returning officer arranges for all or part of an institution to be used as an ordinary polling booth for an election, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth.\nIf the returning officer declares all or part of an institution as a mobile polling booth for an election, the person in charge of the institution must allow patients or residents of the institution and issuing officers to have access to the booth whenever votes may be cast at the booth.\ns 51 amd 2014 No. 44 s 41\n(sec.51-ssec.1) If the returning officer arranges for all or part of an institution to be used as an ordinary polling booth for an election, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth.\n(sec.51-ssec.2) If the returning officer declares all or part of an institution as a mobile polling booth for an election, the person in charge of the institution must allow patients or residents of the institution and issuing officers to have access to the booth whenever votes may be cast at the booth.","sortOrder":75},{"sectionNumber":"sec.52","sectionType":"section","heading":"Privacy for electors casting votes at polling booths","content":"### sec.52 Privacy for electors casting votes at polling booths\n\nThe returning officer must ensure that each polling booth for an election is provided with enough voting compartments, or other suitable facilities, to allow the casting of votes in private.","sortOrder":76},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Suspension of poll","content":"### sec.52A Suspension of poll\n\nThe returning officer, or the presiding officer for a polling booth, may suspend the poll at a polling booth on polling day for not more than 4 hours if satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by—\na serious threat that a riot or open violence will happen; or\ncircumstances that pose a serious risk to the health or safety of persons at the polling booth; or\nanother emergency.\nThe returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast a vote, including—\nthe time the poll is expected to resume at the polling booth; and\nthe location of other polling booths.\nThe returning officer or the presiding officer for the polling booth must adjourn the conduct of the poll at the polling booth to another day if—\nfor any reason, taking of the poll at the polling booth can not resume on the polling day; or\nthe returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to cast a vote at another polling booth.\ns 52A ins 2019 No. 30 s 169\n(sec.52A-ssec.1) The returning officer, or the presiding officer for a polling booth, may suspend the poll at a polling booth on polling day for not more than 4 hours if satisfied the taking of the poll is, or is likely to be, temporarily interrupted or obstructed by— a serious threat that a riot or open violence will happen; or circumstances that pose a serious risk to the health or safety of persons at the polling booth; or another emergency.\n(sec.52A-ssec.2) The returning officer, or the presiding officer for the polling booth, must ensure an elector who attends the polling booth while the poll is suspended is given information to assist the elector to cast a vote, including— the time the poll is expected to resume at the polling booth; and the location of other polling booths.\n(sec.52A-ssec.3) The returning officer or the presiding officer for the polling booth must adjourn the conduct of the poll at the polling booth to another day if— for any reason, taking of the poll at the polling booth can not resume on the polling day; or the returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to cast a vote at another polling booth.\n- (a) a serious threat that a riot or open violence will happen; or\n- (b) circumstances that pose a serious risk to the health or safety of persons at the polling booth; or\n- (c) another emergency.\n- (a) the time the poll is expected to resume at the polling booth; and\n- (b) the location of other polling booths.\n- (a) for any reason, taking of the poll at the polling booth can not resume on the polling day; or\n- (b) the returning officer or presiding officer is satisfied that it is unreasonable for an elector who would have otherwise cast a vote at the polling booth while it was suspended to cast a vote at another polling booth.","sortOrder":77},{"sectionNumber":"sec.53","sectionType":"section","heading":"Adjournment of poll","content":"### sec.53 Adjournment of poll\n\nThe returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent the taking of the poll can not start or continue at the polling booth.\nFor subsection (1) , the things are as follows—\na storm, flood, fire or a similar happening;\na riot or open violence;\na serious threat that a riot or open violence will happen;\ncircumstances that pose a serious risk to the health or safety of persons at the polling booth;\nanother emergency.\nIf a poll is adjourned under subsection (1) or section 52A (3) , the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll.\nThe returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission’s website, and in other ways the returning officer considers appropriate.\nIf an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not otherwise voted in the election, are entitled to vote.\nThe adjourned poll is taken to have been held on the polling day.\ns 53 sub 2019 No. 30 s 170\n(sec.53-ssec.1) The returning officer, or the presiding officer for a polling booth, may adjourn the poll at the polling booth to another day if satisfied the taking of the poll at the polling booth is, or is likely to be, interrupted or obstructed by any of the things stated in subsection (2) to the extent the taking of the poll can not start or continue at the polling booth.\n(sec.53-ssec.2) For subsection (1) , the things are as follows— a storm, flood, fire or a similar happening; a riot or open violence; a serious threat that a riot or open violence will happen; circumstances that pose a serious risk to the health or safety of persons at the polling booth; another emergency.\n(sec.53-ssec.3) If a poll is adjourned under subsection (1) or section 52A (3) , the returning officer must fix a day (no later than 34 days after the day on which the poll is adjourned) for taking, or resuming, the adjourned poll.\n(sec.53-ssec.4) The returning officer must publish notice of the day fixed for taking, or resuming, the adjourned poll on the electoral commission’s website, and in other ways the returning officer considers appropriate.\n(sec.53-ssec.5) If an adjourned poll is held, only electors who are enrolled in the electoral district for which the polling booth is established and who have not otherwise voted in the election, are entitled to vote.\n(sec.53-ssec.6) The adjourned poll is taken to have been held on the polling day.\n- (a) a storm, flood, fire or a similar happening;\n- (b) a riot or open violence;\n- (c) a serious threat that a riot or open violence will happen;\n- (d) circumstances that pose a serious risk to the health or safety of persons at the polling booth;\n- (e) another emergency.","sortOrder":78},{"sectionNumber":"sec.54","sectionType":"section","heading":"Ballot boxes generally","content":"### sec.54 Ballot boxes generally\n\nA ballot box used in a poll must—\nhave an opening of a size adequate to allow folded ballot papers and declaration envelopes to be put in the box; and\nbe under the scrutiny and effective control of an issuing officer.\nIssuing officers, candidates and scrutineers for the poll, may inspect a ballot box before the box is locked or sealed for receipt of ballot papers.\n(sec.54-ssec.1) A ballot box used in a poll must— have an opening of a size adequate to allow folded ballot papers and declaration envelopes to be put in the box; and be under the scrutiny and effective control of an issuing officer.\n(sec.54-ssec.2) Issuing officers, candidates and scrutineers for the poll, may inspect a ballot box before the box is locked or sealed for receipt of ballot papers.\n- (a) have an opening of a size adequate to allow folded ballot papers and declaration envelopes to be put in the box; and\n- (b) be under the scrutiny and effective control of an issuing officer.","sortOrder":79},{"sectionNumber":"sec.55","sectionType":"section","heading":"Ballot papers","content":"### sec.55 Ballot papers\n\nThe electoral commission must ensure a sufficient number of ballot papers complying with subsection (1) are printed and available to the returning officer for distribution under section 58 .\nA ballot paper, other than a completed ballot paper printed for an electronically assisted vote, must—\nbe of material that, when folded, the vote recorded on it is effectively concealed; and\nfor a ballot paper other than a ballot paper reproduced under section 58A —be attached to a butt that—\nis not part of the ballot paper; and\nis perforated to allow the ballot paper to be easily detached from the butt; and\nstates the local government area, or division of the local government area, for which the poll is conducted; and\nshow the name of each candidate as required by subsection (2) ; and\nif the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and\nif a candidate endorsed by a political party was nominated under section 27 (1) (a) —contain, printed adjacent to the candidate’s name—\nif the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or\notherwise—the party’s full name included in the register; and\nif a candidate is a member of a group of candidates—contain, printed adjacent to the candidate’s name, the name of the group.\nThe name of a candidate must be shown on a ballot paper to which subsection (1) applies—\nonly once by showing first the surname followed by the given name or names of the candidate; and\nin the order decided under section 57 .\nA completed ballot paper printed for an electronically assisted vote must—\nbe of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and\nstate the local government area, or division of the local government area, for which the vote is cast.\nA ballot paper must not contain the name of anyone who is not a candidate.\ns 55 amd 2014 No. 44 s 42 ; 2019 No. 30 s 171\n(sec.55-ssec.1AA) The electoral commission must ensure a sufficient number of ballot papers complying with subsection (1) are printed and available to the returning officer for distribution under section 58 .\n(sec.55-ssec.1) A ballot paper, other than a completed ballot paper printed for an electronically assisted vote, must— be of material that, when folded, the vote recorded on it is effectively concealed; and for a ballot paper other than a ballot paper reproduced under section 58A —be attached to a butt that— is not part of the ballot paper; and is perforated to allow the ballot paper to be easily detached from the butt; and states the local government area, or division of the local government area, for which the poll is conducted; and show the name of each candidate as required by subsection (2) ; and if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and if a candidate endorsed by a political party was nominated under section 27 (1) (a) —contain, printed adjacent to the candidate’s name— if the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or otherwise—the party’s full name included in the register; and if a candidate is a member of a group of candidates—contain, printed adjacent to the candidate’s name, the name of the group.\n(sec.55-ssec.2) The name of a candidate must be shown on a ballot paper to which subsection (1) applies— only once by showing first the surname followed by the given name or names of the candidate; and in the order decided under section 57 .\n(sec.55-ssec.2A) A completed ballot paper printed for an electronically assisted vote must— be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and state the local government area, or division of the local government area, for which the vote is cast.\n(sec.55-ssec.3) A ballot paper must not contain the name of anyone who is not a candidate.\n- (a) be of material that, when folded, the vote recorded on it is effectively concealed; and\n- (b) for a ballot paper other than a ballot paper reproduced under section 58A —be attached to a butt that— (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) states the local government area, or division of the local government area, for which the poll is conducted; and\n- (i) is not part of the ballot paper; and\n- (ii) is perforated to allow the ballot paper to be easily detached from the butt; and\n- (iii) states the local government area, or division of the local government area, for which the poll is conducted; and\n- (c) show the name of each candidate as required by subsection (2) ; and\n- (d) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors—contain an appropriate description or addition, in the returning officer’s opinion, to distinguish the persons’ names; and\n- (e) if a candidate endorsed by a political party was nominated under section 27 (1) (a) —contain, printed adjacent to the candidate’s name— (i) if the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or (ii) otherwise—the party’s full name included in the register; and\n- (i) if the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or\n- (ii) otherwise—the party’s full name included in the register; and\n- (f) if a candidate is a member of a group of candidates—contain, printed adjacent to the candidate’s name, the name of the group.\n- (i) is not part of the ballot paper; and\n- (ii) is perforated to allow the ballot paper to be easily detached from the butt; and\n- (iii) states the local government area, or division of the local government area, for which the poll is conducted; and\n- (i) if the register of political parties includes an abbreviation of the party’s name—the party’s abbreviated name; or\n- (ii) otherwise—the party’s full name included in the register; and\n- (a) only once by showing first the surname followed by the given name or names of the candidate; and\n- (b) in the order decided under section 57 .\n- (a) be of a size or format that enables the elector’s electronically assisted vote to be accurately determined; and\n- (b) state the local government area, or division of the local government area, for which the vote is cast.","sortOrder":80},{"sectionNumber":"sec.56","sectionType":"section","heading":"Ballot papers for separate polls","content":"### sec.56 Ballot papers for separate polls\n\nThis section applies if a poll for election of mayor of a local government is to be conducted when a poll for election of another councillor of the local government is conducted.\nThe returning officer may decide to use separate ballot papers or combined ballot papers for the poll.\ns 56 amd 2014 No. 44 s 43 ; 2015 No. 6 s 10\n(sec.56-ssec.1) This section applies if a poll for election of mayor of a local government is to be conducted when a poll for election of another councillor of the local government is conducted.\n(sec.56-ssec.2) The returning officer may decide to use separate ballot papers or combined ballot papers for the poll.","sortOrder":81},{"sectionNumber":"sec.57","sectionType":"section","heading":"Order of candidates’ names on ballot papers","content":"### sec.57 Order of candidates’ names on ballot papers\n\nThe order the names of candidates in an election are to be listed on ballot papers and polling notices is to be decided under this section.\nThe order must be decided by the returning officer as soon as practicable after noon on the nomination day.\nThe returning officer must, in the presence of 2 witnesses—\nwrite the name of each candidate on a separate sheet of paper; and\nensure that each piece of paper is of the same kind, shape, size and colour; and\nput each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and\nensure that each envelope is opaque and of the same kind, shape, size and colour; and\nafter each piece of paper has been placed in an envelope, seal the envelope; and\nput all the envelopes in a container and shuffle them; and\ndraw out the envelopes, 1 at a time; and\nas each envelope is drawn out, open it and note the name of the candidate shown on the piece of paper in the envelope.\nThe order in which the names are noted is the order in which the names are to appear on the ballot paper and polling notice.\nThe returning officer must allow any candidate, or the representative of a candidate, to be present when the order of candidates’ names is decided.\n(sec.57-ssec.1) The order the names of candidates in an election are to be listed on ballot papers and polling notices is to be decided under this section.\n(sec.57-ssec.2) The order must be decided by the returning officer as soon as practicable after noon on the nomination day.\n(sec.57-ssec.3) The returning officer must, in the presence of 2 witnesses— write the name of each candidate on a separate sheet of paper; and ensure that each piece of paper is of the same kind, shape, size and colour; and put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and ensure that each envelope is opaque and of the same kind, shape, size and colour; and after each piece of paper has been placed in an envelope, seal the envelope; and put all the envelopes in a container and shuffle them; and draw out the envelopes, 1 at a time; and as each envelope is drawn out, open it and note the name of the candidate shown on the piece of paper in the envelope.\n(sec.57-ssec.4) The order in which the names are noted is the order in which the names are to appear on the ballot paper and polling notice.\n(sec.57-ssec.5) The returning officer must allow any candidate, or the representative of a candidate, to be present when the order of candidates’ names is decided.\n- (a) write the name of each candidate on a separate sheet of paper; and\n- (b) ensure that each piece of paper is of the same kind, shape, size and colour; and\n- (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and\n- (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and\n- (e) after each piece of paper has been placed in an envelope, seal the envelope; and\n- (f) put all the envelopes in a container and shuffle them; and\n- (g) draw out the envelopes, 1 at a time; and\n- (h) as each envelope is drawn out, open it and note the name of the candidate shown on the piece of paper in the envelope.","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Distribution of ballot papers and voters roll","content":"### sec.58 Distribution of ballot papers and voters roll\n\nThe returning officer must ensure an adequate number of the following are available at polling booths for an election—\nballot papers;\ncertified copies of the voters roll for each electoral district (as at the cut-off day for the voters rolls).\nWithout limiting subsection (1) (a) , a ballot paper is available at a polling booth if a ballot paper can be reproduced at the polling booth under section 58A .\nWithout limiting subsection (1) (b) , a certified copy of a voters roll for an electoral district is available at a polling booth if—\na certified copy of the voters roll can be accessed from the polling booth; and\nan issuing officer at the polling booth can use the electronic certified copy to make an electronic record of the persons to whom a ballot paper is issued.\nThe returning officer must prepare a delivery note, in the approved form, in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths.\nThe approved form must—\nshow details of the number of ballot papers supplied; and\nshow the range of numbers of the ballot papers; and\ninclude a form of acknowledgement of receipt of the ballot papers.\nTwo copies of the delivery note must be included in the parcel of ballot papers.\nAs soon as practicable after a presiding officer receives a parcel of ballot papers, the officer must—\ncheck the contents against the details shown in the delivery note; and\ncomplete the particulars prescribed by the delivery note; and\nsign the form of acknowledgement included in the delivery note.\nIf there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by—\nif an issuing officer is available—the issuing officer; or\nif an issuing officer is not available—a responsible person.\nA discrepancy confirmed by a countercheck must be noted in the form of acknowledgement and the form must be signed by the presiding officer and person who made the countercheck.\nThe presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 92 .\ns 58 amd 2014 No. 44 s 44 ; 2019 No. 30 s 172\n(sec.58-ssec.1) The returning officer must ensure an adequate number of the following are available at polling booths for an election— ballot papers; certified copies of the voters roll for each electoral district (as at the cut-off day for the voters rolls).\n(sec.58-ssec.1AA) Without limiting subsection (1) (a) , a ballot paper is available at a polling booth if a ballot paper can be reproduced at the polling booth under section 58A .\n(sec.58-ssec.2) Without limiting subsection (1) (b) , a certified copy of a voters roll for an electoral district is available at a polling booth if— a certified copy of the voters roll can be accessed from the polling booth; and an issuing officer at the polling booth can use the electronic certified copy to make an electronic record of the persons to whom a ballot paper is issued.\n(sec.58-ssec.3) The returning officer must prepare a delivery note, in the approved form, in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths.\n(sec.58-ssec.4) The approved form must— show details of the number of ballot papers supplied; and show the range of numbers of the ballot papers; and include a form of acknowledgement of receipt of the ballot papers.\n(sec.58-ssec.5) Two copies of the delivery note must be included in the parcel of ballot papers.\n(sec.58-ssec.6) As soon as practicable after a presiding officer receives a parcel of ballot papers, the officer must— check the contents against the details shown in the delivery note; and complete the particulars prescribed by the delivery note; and sign the form of acknowledgement included in the delivery note.\n(sec.58-ssec.7) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by— if an issuing officer is available—the issuing officer; or if an issuing officer is not available—a responsible person.\n(sec.58-ssec.8) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgement and the form must be signed by the presiding officer and person who made the countercheck.\n(sec.58-ssec.9) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 92 .\n- (a) ballot papers;\n- (b) certified copies of the voters roll for each electoral district (as at the cut-off day for the voters rolls).\n- (a) a certified copy of the voters roll can be accessed from the polling booth; and\n- (b) an issuing officer at the polling booth can use the electronic certified copy to make an electronic record of the persons to whom a ballot paper is issued.\n- (a) show details of the number of ballot papers supplied; and\n- (b) show the range of numbers of the ballot papers; and\n- (c) include a form of acknowledgement of receipt of the ballot papers.\n- (a) check the contents against the details shown in the delivery note; and\n- (b) complete the particulars prescribed by the delivery note; and\n- (c) sign the form of acknowledgement included in the delivery note.\n- (a) if an issuing officer is available—the issuing officer; or\n- (b) if an issuing officer is not available—a responsible person.","sortOrder":83},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Ballot papers may be reproduced if required","content":"### sec.58A Ballot papers may be reproduced if required\n\nThis section applies if a polling booth does not have, or runs out of, ballot papers for an election.\nAn issuing officer at the polling booth may reproduce a ballot paper for the election, including, for example, by photocopying, handwriting or printing the ballot paper.\nSection 55 (1) applies to a ballot paper reproduced under this section.\nThe issuing officer must keep a record of the number of ballot papers for an election the officer reproduces under this section.\ns 58A ins 2019 No. 30 s 173\n(sec.58A-ssec.1) This section applies if a polling booth does not have, or runs out of, ballot papers for an election.\n(sec.58A-ssec.2) An issuing officer at the polling booth may reproduce a ballot paper for the election, including, for example, by photocopying, handwriting or printing the ballot paper.\n(sec.58A-ssec.3) Section 55 (1) applies to a ballot paper reproduced under this section.\n(sec.58A-ssec.4) The issuing officer must keep a record of the number of ballot papers for an election the officer reproduces under this section.","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Scrutineers","content":"### sec.59 Scrutineers\n\nEach candidate for an election may, by notice given to the returning officer for the election in the approved form, appoint 1 or more adults as scrutineers for the candidate.\nScrutineers are entitled to be present in each polling booth at times when electors are allowed to vote at the booth.\nScrutineers are also entitled to be present—\nbeforehand at each polling booth to—\ninspect ballot boxes; and\nobserve the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and\nafterwards at each polling booth and other places to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and\nat a place to observe any part of a procedure for making an electronically assisted vote.\nFor subsections (2) and (3) , the number of scrutineers each candidate is entitled to have at a polling booth or other place is 1 scrutineer for each issuing officer present at the booth or place.\nA scrutineer may—\nobject to an issuing officer’s decision on a person’s entitlement to vote at the election; and\nobject to the acceptance or rejection of a ballot paper by the returning officer or a presiding officer; and\nrecord the identification details given to an issuing officer at a polling booth by a person who votes at the election at the polling booth; and\nremove from the polling booth the scrutineer’s record of identification details mentioned in paragraph (c) ; and\ndo anything else permitted by this Act.\nA scrutineer may record the name and address, as given to an issuing officer, of a person voting at an election but may not record details of how the person voted at the election. See section 192 (3) .\nA scrutineer must carry adequate identification to show that the person is a scrutineer.\ns 59 sub 2014 No. 44 s 45\namd 2014 No. 44 s 46\n(sec.59-ssec.1) Each candidate for an election may, by notice given to the returning officer for the election in the approved form, appoint 1 or more adults as scrutineers for the candidate.\n(sec.59-ssec.2) Scrutineers are entitled to be present in each polling booth at times when electors are allowed to vote at the booth.\n(sec.59-ssec.3) Scrutineers are also entitled to be present— beforehand at each polling booth to— inspect ballot boxes; and observe the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and afterwards at each polling booth and other places to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and at a place to observe any part of a procedure for making an electronically assisted vote.\n(sec.59-ssec.4) For subsections (2) and (3) , the number of scrutineers each candidate is entitled to have at a polling booth or other place is 1 scrutineer for each issuing officer present at the booth or place.\n(sec.59-ssec.5) A scrutineer may— object to an issuing officer’s decision on a person’s entitlement to vote at the election; and object to the acceptance or rejection of a ballot paper by the returning officer or a presiding officer; and record the identification details given to an issuing officer at a polling booth by a person who votes at the election at the polling booth; and remove from the polling booth the scrutineer’s record of identification details mentioned in paragraph (c) ; and do anything else permitted by this Act. A scrutineer may record the name and address, as given to an issuing officer, of a person voting at an election but may not record details of how the person voted at the election. See section 192 (3) .\n(sec.59-ssec.6) A scrutineer must carry adequate identification to show that the person is a scrutineer.\n- (a) beforehand at each polling booth to— (i) inspect ballot boxes; and (ii) observe the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and\n- (i) inspect ballot boxes; and\n- (ii) observe the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and\n- (b) afterwards at each polling booth and other places to observe the examination of declaration envelopes, the printing of completed ballot papers for electronically assisted votes and the counting of votes; and\n- (c) at a place to observe any part of a procedure for making an electronically assisted vote.\n- (i) inspect ballot boxes; and\n- (ii) observe the examination of declaration envelopes received before 6p.m. the day before the polling day for the election; and\n- (a) object to an issuing officer’s decision on a person’s entitlement to vote at the election; and\n- (b) object to the acceptance or rejection of a ballot paper by the returning officer or a presiding officer; and\n- (c) record the identification details given to an issuing officer at a polling booth by a person who votes at the election at the polling booth; and\n- (d) remove from the polling booth the scrutineer’s record of identification details mentioned in paragraph (c) ; and\n- (e) do anything else permitted by this Act.","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2014 No. 44 s 45","sortOrder":86},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2014 No. 44 s 45","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2014 No. 44 s 45","sortOrder":88},{"sectionNumber":"sec.63","sectionType":"section","heading":"Correction of errors, omissions or delays","content":"### sec.63 Correction of errors, omissions or delays\n\nIf there is an error, omission or delay in or relating to the preparation, issue, sending or return of any voters roll, ballot paper or other document relevant to the conduct of an election, it may be corrected by a gazette notice by the electoral commission setting out what is to be done.","sortOrder":89},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Who may vote","content":"## Who may vote","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Who may vote","content":"### sec.64 Who may vote\n\nThe following persons are the only persons entitled to vote at an election—\npersons enrolled on the voters roll for—\nfor an election for all the local government’s area—the area; or\nfor an election for a division of the local government’s area—the division;\npersons whose names are not on the voters roll for the area or division because of official error;\npersons who—\nare not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and\nafter the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992 , section 65 .\nA person is not entitled to vote—\nmore than once at the same election; or\nat 2 or more divisions of the same local government area.\nAlso, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at an election.\ns 64 amd 2014 No. 44 s 47 ; 2019 No. 30 s 174\n(sec.64-ssec.1) The following persons are the only persons entitled to vote at an election— persons enrolled on the voters roll for— for an election for all the local government’s area—the area; or for an election for a division of the local government’s area—the division; persons whose names are not on the voters roll for the area or division because of official error; persons who— are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992 , section 65 .\n(sec.64-ssec.2) A person is not entitled to vote— more than once at the same election; or at 2 or more divisions of the same local government area.\n(sec.64-ssec.3) Also, a person who is serving a sentence of imprisonment of 3 years or longer is not entitled to vote at an election.\n- (a) persons enrolled on the voters roll for— (i) for an election for all the local government’s area—the area; or (ii) for an election for a division of the local government’s area—the division;\n- (i) for an election for all the local government’s area—the area; or\n- (ii) for an election for a division of the local government’s area—the division;\n- (b) persons whose names are not on the voters roll for the area or division because of official error;\n- (c) persons who— (i) are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and (ii) after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992 , section 65 .\n- (i) are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and\n- (ii) after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992 , section 65 .\n- (i) for an election for all the local government’s area—the area; or\n- (ii) for an election for a division of the local government’s area—the division;\n- (i) are not on the voters roll for the area or division but are entitled under the Electoral Act 1992 to be enrolled on the electoral roll for the electoral district under that Act in which the area or division is situated; and\n- (ii) after the cut-off day for the poll and no later than 6p.m. on the day before the polling day, give the electoral commission a notice under the Electoral Act 1992 , section 65 .\n- (a) more than once at the same election; or\n- (b) at 2 or more divisions of the same local government area.","sortOrder":91},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"How voting takes place","content":"## How voting takes place","sortOrder":92},{"sectionNumber":"sec.65","sectionType":"section","heading":"System of voting","content":"### sec.65 System of voting\n\nThe system of voting at an election, other than an election of a mayor of a local government, is—\nfor a local government area divided into single-member divisions—optional-preferential voting; and\nin any other case—first-past-the-post voting.\nThe system of voting at an election of a mayor of a local government is optional-preferential voting.\ns 65 amd 2014 No. 44 s 48\n(sec.65-ssec.1) The system of voting at an election, other than an election of a mayor of a local government, is— for a local government area divided into single-member divisions—optional-preferential voting; and in any other case—first-past-the-post voting.\n(sec.65-ssec.2) The system of voting at an election of a mayor of a local government is optional-preferential voting.\n- (a) for a local government area divided into single-member divisions—optional-preferential voting; and\n- (b) in any other case—first-past-the-post voting.","sortOrder":93},{"sectionNumber":"sec.66","sectionType":"section","heading":"Compulsory voting","content":"### sec.66 Compulsory voting\n\nVoting at an election is compulsory for electors.","sortOrder":94},{"sectionNumber":"sec.67","sectionType":"section","heading":"Ways in which to cast votes","content":"### sec.67 Ways in which to cast votes\n\nIn an election, other than a postal ballot election, an elector may—\ncast their vote at an ordinary or mobile polling booth on polling day (an ordinary vote ); or\ncast their vote at a pre-polling booth before polling day (a pre-poll vote ); or\ncast their vote using posted voting papers (a postal vote ); or\ncast an electronically assisted vote.\nIn a postal ballot election, an elector must cast a postal vote.\ns 67 amd 2014 No. 44 s 49\n(sec.67-ssec.1) In an election, other than a postal ballot election, an elector may— cast their vote at an ordinary or mobile polling booth on polling day (an ordinary vote ); or cast their vote at a pre-polling booth before polling day (a pre-poll vote ); or cast their vote using posted voting papers (a postal vote ); or cast an electronically assisted vote.\n(sec.67-ssec.2) In a postal ballot election, an elector must cast a postal vote.\n- (a) cast their vote at an ordinary or mobile polling booth on polling day (an ordinary vote ); or\n- (b) cast their vote at a pre-polling booth before polling day (a pre-poll vote ); or\n- (c) cast their vote using posted voting papers (a postal vote ); or\n- (d) cast an electronically assisted vote.","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Who may cast votes in particular ways","content":"### sec.68 Who may cast votes in particular ways\n\nAny elector may cast an ordinary vote in an election, other than a postal ballot election.\nAny elector may cast a pre-poll vote in an election, other than a postal ballot election.\nAny elector may cast an absentee vote in an election, other than a postal ballot election, if the local government is divided into divisions.\nThe following electors may cast a postal vote in an election, other than a postal ballot election—\nany elector who wishes to cast a postal vote before the polling day for an election;\na special postal voter under subsection (5A) .\nAll electors must cast a postal vote in a postal ballot election.\nFor subsection (4) (b) , an elector is a special postal voter if—\nthe elector’s name is included in the register of special postal voters kept under section 21A because of a written application that satisfies the electoral commission that—\nthe elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or\nthe elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or\nthe elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth) , section 184A (2) (d) to (k) ; or\nthe elector is a silent elector.\nSubject to section 75D , if a procedure about how an elector may cast an electronically assisted vote has been made under section 75A , an elector may cast an electronically assisted vote if—\nthe elector can not vote without assistance because the elector has—\nan impairment; or\nan insufficient level of literacy; or\nthe elector can not vote at a polling booth because of an impairment; or\nthe elector is a member of a class of electors prescribed under a regulation for this section.\nelectors whose addresses shown on the voters roll are more than 20km by the nearest practical route from a polling booth\nelectors who will not, throughout ordinary voting hours on polling day, be within Queensland\nIn this section—\nabsentee vote means a vote cast by an elector at a polling booth in any division of a local government area other than the division of the local government area for which the elector is enrolled on the voters roll.\ns 68 amd 2014 No. 44 s 50 ; 2019 No. 30 s 210\n(sec.68-ssec.1) Any elector may cast an ordinary vote in an election, other than a postal ballot election.\n(sec.68-ssec.2) Any elector may cast a pre-poll vote in an election, other than a postal ballot election.\n(sec.68-ssec.3) Any elector may cast an absentee vote in an election, other than a postal ballot election, if the local government is divided into divisions.\n(sec.68-ssec.4) The following electors may cast a postal vote in an election, other than a postal ballot election— any elector who wishes to cast a postal vote before the polling day for an election; a special postal voter under subsection (5A) .\n(sec.68-ssec.5) All electors must cast a postal vote in a postal ballot election.\n(sec.68-ssec.5A) For subsection (4) (b) , an elector is a special postal voter if— the elector’s name is included in the register of special postal voters kept under section 21A because of a written application that satisfies the electoral commission that— the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth) , section 184A (2) (d) to (k) ; or the elector is a silent elector.\n(sec.68-ssec.5B) Subject to section 75D , if a procedure about how an elector may cast an electronically assisted vote has been made under section 75A , an elector may cast an electronically assisted vote if— the elector can not vote without assistance because the elector has— an impairment; or an insufficient level of literacy; or the elector can not vote at a polling booth because of an impairment; or the elector is a member of a class of electors prescribed under a regulation for this section. electors whose addresses shown on the voters roll are more than 20km by the nearest practical route from a polling booth electors who will not, throughout ordinary voting hours on polling day, be within Queensland\n(sec.68-ssec.6) In this section— absentee vote means a vote cast by an elector at a polling booth in any division of a local government area other than the division of the local government area for which the elector is enrolled on the voters roll.\n- (a) any elector who wishes to cast a postal vote before the polling day for an election;\n- (b) a special postal voter under subsection (5A) .\n- (a) the elector’s name is included in the register of special postal voters kept under section 21A because of a written application that satisfies the electoral commission that— (i) the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or (ii) the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or (iii) the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth) , section 184A (2) (d) to (k) ; or\n- (i) the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or\n- (ii) the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or\n- (iii) the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth) , section 184A (2) (d) to (k) ; or\n- (b) the elector is a silent elector.\n- (i) the elector’s address, as shown on the voters roll at the time the application is made, is more than 15km but not more than 20km, by the nearest practicable route, from a polling booth; or\n- (ii) the elector’s address is more than 20km, by the nearest practicable route, from a polling booth; or\n- (iii) the elector is entitled to be enrolled as a general postal voter under the Commonwealth Electoral Act 1918 (Cwlth) , section 184A (2) (d) to (k) ; or\n- (a) the elector can not vote without assistance because the elector has— (i) an impairment; or (ii) an insufficient level of literacy; or\n- (i) an impairment; or\n- (ii) an insufficient level of literacy; or\n- (b) the elector can not vote at a polling booth because of an impairment; or\n- (c) the elector is a member of a class of electors prescribed under a regulation for this section.\n- (i) an impairment; or\n- (ii) an insufficient level of literacy; or\n- • electors whose addresses shown on the voters roll are more than 20km by the nearest practical route from a polling booth\n- • electors who will not, throughout ordinary voting hours on polling day, be within Queensland","sortOrder":96},{"sectionNumber":"sec.69","sectionType":"section","heading":"Who must complete a declaration envelope","content":"### sec.69 Who must complete a declaration envelope\n\nAn elector must complete a declaration envelope for an election if—\nthe elector is casting a postal vote; or\nthe elector’s name is not on the voters roll apparently because of an official error; or\nthe elector appears, from a record apparently made in error, to have already voted in the election; or\nthe elector is serving a sentence of imprisonment on the cut-off day for the voters roll but is not serving a sentence of imprisonment on the polling day for the election; or\nthe elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or\nthe elector is a silent elector; or\nthe elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control.\nan electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election\nAlso, an elector must complete a declaration envelope for an election if an issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election.\ns 69 amd 2014 No. 44 s 51 ; 2015 No. 2 s 39 ; 2019 No. 30 ss 175 , 211\n(sec.69-ssec.1) An elector must complete a declaration envelope for an election if— the elector is casting a postal vote; or the elector’s name is not on the voters roll apparently because of an official error; or the elector appears, from a record apparently made in error, to have already voted in the election; or the elector is serving a sentence of imprisonment on the cut-off day for the voters roll but is not serving a sentence of imprisonment on the polling day for the election; or the elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or the elector is a silent elector; or the elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control. an electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election\n(sec.69-ssec.2) Also, an elector must complete a declaration envelope for an election if an issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election.\n- (a) the elector is casting a postal vote; or\n- (b) the elector’s name is not on the voters roll apparently because of an official error; or\n- (c) the elector appears, from a record apparently made in error, to have already voted in the election; or\n- (d) the elector is serving a sentence of imprisonment on the cut-off day for the voters roll but is not serving a sentence of imprisonment on the polling day for the election; or\n- (e) the elector is serving a sentence of imprisonment, or is otherwise lawfully detained, on the polling day for the election; or\n- (f) the elector is a silent elector; or\n- (g) the elector, who attends a polling booth on the polling day, is not able to make an ordinary vote at the polling booth for a reason beyond the elector’s control. Example of a reason beyond an elector’s control— an electronic copy of the voters roll can not be accessed from the polling booth so an issuing officer at the polling booth can not confirm the elector’s name is on the voters roll for the election","sortOrder":97},{"sectionNumber":"sec.70","sectionType":"section","heading":"Casting an ordinary vote or pre-poll vote","content":"### sec.70 Casting an ordinary vote or pre-poll vote\n\nTo cast an ordinary vote or pre-poll vote in an election, an elector must follow, in order, each of subsections (2) to (7) that applies to the elector.\nThe elector must—\nto cast an ordinary vote—attend a polling booth in the local government area during voting hours for the booth; or\nto cast a pre-poll vote—attend a pre-polling booth in the local government area during voting hours for the booth.\nAt the polling booth or pre-polling booth, the elector must give an issuing officer at the booth the elector’s full name and address.\nThe elector may be asked questions by the issuing officer in order for the issuing officer to decide the following—\nwhether the elector is entitled to vote at the election;\nwhether the elector must complete a declaration envelope.\nIf the elector must complete a declaration envelope when casting their vote, the elector must sign the appropriate declaration on the declaration envelope before an issuing officer and have the officer sign the envelope as witness.\nOn being given the ballot paper and declaration envelope (if any), the elector must, without delay—\ngo alone into an unoccupied voting compartment in the polling booth; and\nthere, in private, record a vote on the ballot paper; and\nfold the ballot paper, concealing the vote, and—\nif the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or\notherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and\nleave the polling booth.\ns 70 amd 2014 No. 44 s 52 ; 2015 No. 2 s 40\n(sec.70-ssec.1) To cast an ordinary vote or pre-poll vote in an election, an elector must follow, in order, each of subsections (2) to (7) that applies to the elector.\n(sec.70-ssec.2) The elector must— to cast an ordinary vote—attend a polling booth in the local government area during voting hours for the booth; or to cast a pre-poll vote—attend a pre-polling booth in the local government area during voting hours for the booth.\n(sec.70-ssec.3) At the polling booth or pre-polling booth, the elector must give an issuing officer at the booth the elector’s full name and address.\n(sec.70-ssec.4) The elector may be asked questions by the issuing officer in order for the issuing officer to decide the following— whether the elector is entitled to vote at the election; whether the elector must complete a declaration envelope.\n(sec.70-ssec.6) If the elector must complete a declaration envelope when casting their vote, the elector must sign the appropriate declaration on the declaration envelope before an issuing officer and have the officer sign the envelope as witness.\n(sec.70-ssec.7) On being given the ballot paper and declaration envelope (if any), the elector must, without delay— go alone into an unoccupied voting compartment in the polling booth; and there, in private, record a vote on the ballot paper; and fold the ballot paper, concealing the vote, and— if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and leave the polling booth.\n- (a) to cast an ordinary vote—attend a polling booth in the local government area during voting hours for the booth; or\n- (b) to cast a pre-poll vote—attend a pre-polling booth in the local government area during voting hours for the booth.\n- (a) whether the elector is entitled to vote at the election;\n- (b) whether the elector must complete a declaration envelope.\n- (a) go alone into an unoccupied voting compartment in the polling booth; and\n- (b) there, in private, record a vote on the ballot paper; and\n- (c) fold the ballot paper, concealing the vote, and— (i) if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or (ii) otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and\n- (i) if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or\n- (ii) otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and\n- (d) leave the polling booth.\n- (i) if the elector completed a declaration envelope—put the folded ballot paper in the envelope, seal the envelope and put the sealed envelope in the appropriate ballot box at the polling booth; or\n- (ii) otherwise—put the folded ballot paper in the appropriate ballot box at the polling booth; and","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2014 No. 44 s 53","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Casting a postal vote by elector other than special postal voter","content":"### sec.72 Casting a postal vote by elector other than special postal voter\n\nTo cast a postal vote in an election, an elector must follow, in order, each of subsections (2) to (5) that applies to the elector.\nThe elector must apply to the returning officer for a declaration envelope and a ballot paper with which to cast a postal vote if—\nthe election is not a postal ballot election; or\nSee section 79 for the relevant application.\nthe election is a postal ballot election and the elector has not been given a ballot paper or declaration envelope.\nSee section 81 for the relevant application.\nAfter being given a ballot paper and a declaration envelope, the elector must, before 6p.m. on polling day—\nrecord a vote on the ballot paper; and\nfold the ballot paper, put it in the declaration envelope and seal the envelope.\nThe elector must sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness.\nFor the duty of a witness in signing declaration envelopes, see section 194 .\nThe elector must put the sealed declaration envelope in the reply paid post envelope that accompanied the declaration envelope and post or give the envelope to the returning officer.\nThe ballot paper must be received by the returning officer no later than 10 days after the polling day. See section 86 (4) or 87 (4) .\nIf the elector is unable to apply under subsection (2) without help, another person may help the elector apply.\nThis section does not apply to a special postal voter.\nBallots are distributed to special postal voters under section 82 .\ns 72 amd 2014 No. 44 s 54\n(sec.72-ssec.1) To cast a postal vote in an election, an elector must follow, in order, each of subsections (2) to (5) that applies to the elector.\n(sec.72-ssec.2) The elector must apply to the returning officer for a declaration envelope and a ballot paper with which to cast a postal vote if— the election is not a postal ballot election; or See section 79 for the relevant application. the election is a postal ballot election and the elector has not been given a ballot paper or declaration envelope. See section 81 for the relevant application.\n(sec.72-ssec.3) After being given a ballot paper and a declaration envelope, the elector must, before 6p.m. on polling day— record a vote on the ballot paper; and fold the ballot paper, put it in the declaration envelope and seal the envelope.\n(sec.72-ssec.4) The elector must sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness. For the duty of a witness in signing declaration envelopes, see section 194 .\n(sec.72-ssec.5) The elector must put the sealed declaration envelope in the reply paid post envelope that accompanied the declaration envelope and post or give the envelope to the returning officer. The ballot paper must be received by the returning officer no later than 10 days after the polling day. See section 86 (4) or 87 (4) .\n(sec.72-ssec.6) If the elector is unable to apply under subsection (2) without help, another person may help the elector apply.\n(sec.72-ssec.7) This section does not apply to a special postal voter. Ballots are distributed to special postal voters under section 82 .\n- (a) the election is not a postal ballot election; or Note— See section 79 for the relevant application.\n- (b) the election is a postal ballot election and the elector has not been given a ballot paper or declaration envelope. Note— See section 81 for the relevant application.\n- (a) record a vote on the ballot paper; and\n- (b) fold the ballot paper, put it in the declaration envelope and seal the envelope.","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Voting hours for polling booths","content":"### sec.73 Voting hours for polling booths\n\nThe voting hours for an ordinary polling booth are between 8a.m. and 6p.m. on polling day.\nThe voting hours for a mobile polling booth are the times fixed for the booth by the returning officer.\nThe voting hours for a pre-polling booth are the times, during the pre-polling period, notified by the returning officer under section 50 (4) .\nIf an elector is in a polling booth at the time of close of voting for the booth and for the purpose of casting a vote, the elector must be allowed to vote.\nIn this section—\npre-polling period , for an election, means the period—\nstarting no earlier than—\n14 days before polling day; or\nthe longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and\nending no later than the day before polling day.\ns 73 amd 2014 No. 44 s 55 ; 2019 No. 30 ss 176 , 212\n(sec.73-ssec.1) The voting hours for an ordinary polling booth are between 8a.m. and 6p.m. on polling day.\n(sec.73-ssec.2) The voting hours for a mobile polling booth are the times fixed for the booth by the returning officer.\n(sec.73-ssec.3) The voting hours for a pre-polling booth are the times, during the pre-polling period, notified by the returning officer under section 50 (4) .\n(sec.73-ssec.4) If an elector is in a polling booth at the time of close of voting for the booth and for the purpose of casting a vote, the elector must be allowed to vote.\n(sec.73-ssec.5) In this section— pre-polling period , for an election, means the period— starting no earlier than— 14 days before polling day; or the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and ending no later than the day before polling day.\n- (a) starting no earlier than— (i) 14 days before polling day; or (ii) the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and\n- (i) 14 days before polling day; or\n- (ii) the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and\n- (b) ending no later than the day before polling day.\n- (i) 14 days before polling day; or\n- (ii) the longer period that the returning officer fixes and publishes on the electoral commission’s website, and in other ways the returning officer considers appropriate; and","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Particular responsibilities of returning officer when electors cast postal votes","content":"### sec.74 Particular responsibilities of returning officer when electors cast postal votes\n\nThis section applies if the returning officer for an election receives a sealed envelope under section 72 (5) .\nThe returning officer must put the sealed envelope in the appropriate ballot box.\n(sec.74-ssec.1) This section applies if the returning officer for an election receives a sealed envelope under section 72 (5) .\n(sec.74-ssec.2) The returning officer must put the sealed envelope in the appropriate ballot box.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes","content":"### sec.75 Particular responsibilities of issuing officers when electors cast ordinary or pre-poll votes\n\nThis section applies if an elector attends a polling booth, during voting hours for the booth, to cast an ordinary or pre-poll vote in an election.\nAn issuing officer at the polling booth must give the elector a ballot paper if—\nthe elector gives the issuing officer the elector’s full name and address; and\nthe issuing officer is satisfied the elector is entitled to vote at the election.\nThe issuing officer may ask the elector questions to decide the following—\nwhether the elector is entitled to vote at the election;\nwhether the elector must complete a declaration envelope.\nSubsection (5) applies if, because of the elector’s answers to the questions under subsection (3) —\nthe issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election; or\nthe issuing officer is satisfied the elector must complete a declaration envelope.\nThe issuing officer must—\ninform the elector that the elector must complete a declaration envelope; and\ngive the elector the declaration envelope to complete.\nAn issuing officer must—\nkeep a record of the ballot papers and declaration envelopes given to electors under this section; and\nsign the record.\ns 75 amd 2014 No. 44 s 56 ; 2015 No. 2 s 41\n(sec.75-ssec.1) This section applies if an elector attends a polling booth, during voting hours for the booth, to cast an ordinary or pre-poll vote in an election.\n(sec.75-ssec.2) An issuing officer at the polling booth must give the elector a ballot paper if— the elector gives the issuing officer the elector’s full name and address; and the issuing officer is satisfied the elector is entitled to vote at the election.\n(sec.75-ssec.3) The issuing officer may ask the elector questions to decide the following— whether the elector is entitled to vote at the election; whether the elector must complete a declaration envelope.\n(sec.75-ssec.4) Subsection (5) applies if, because of the elector’s answers to the questions under subsection (3) — the issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election; or the issuing officer is satisfied the elector must complete a declaration envelope.\n(sec.75-ssec.5) The issuing officer must— inform the elector that the elector must complete a declaration envelope; and give the elector the declaration envelope to complete.\n(sec.75-ssec.6) An issuing officer must— keep a record of the ballot papers and declaration envelopes given to electors under this section; and sign the record.\n- (a) the elector gives the issuing officer the elector’s full name and address; and\n- (b) the issuing officer is satisfied the elector is entitled to vote at the election.\n- (a) whether the elector is entitled to vote at the election;\n- (b) whether the elector must complete a declaration envelope.\n- (a) the issuing officer suspects, on reasonable grounds, the elector is not entitled to vote at the election; or\n- (b) the issuing officer is satisfied the elector must complete a declaration envelope.\n- (a) inform the elector that the elector must complete a declaration envelope; and\n- (b) give the elector the declaration envelope to complete.\n- (a) keep a record of the ballot papers and declaration envelopes given to electors under this section; and\n- (b) sign the record.","sortOrder":103},{"sectionNumber":"sec.75A","sectionType":"section","heading":"Prescribed procedures for electronically assisted voting","content":"### sec.75A Prescribed procedures for electronically assisted voting\n\nThe electoral commission may make procedures about how an elector may cast an electronically assisted vote for an election.\nThe procedures must provide for the following—\nthe registration of electors who may cast an electronically assisted vote for an election under section 68 (5B) ;\nthe authentication of each electronically assisted vote;\nthe recording of each elector who uses electronically assisted voting;\nensuring the secrecy of each electronically assisted vote;\nthe secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;\nthe printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;\nthe secure delivery of each printed ballot paper to the returning officer.\nThe procedures—\ndo not take effect until approved by a regulation; and\nmust be tabled in the Legislative Assembly with the regulation approving the procedures; and\nmust be published on the electoral commission’s website.\ns 75A ins 2014 No. 44 s 57\n(sec.75A-ssec.1) The electoral commission may make procedures about how an elector may cast an electronically assisted vote for an election.\n(sec.75A-ssec.2) The procedures must provide for the following— the registration of electors who may cast an electronically assisted vote for an election under section 68 (5B) ; the authentication of each electronically assisted vote; the recording of each elector who uses electronically assisted voting; ensuring the secrecy of each electronically assisted vote; the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing; the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote; the secure delivery of each printed ballot paper to the returning officer.\n(sec.75A-ssec.3) The procedures— do not take effect until approved by a regulation; and must be tabled in the Legislative Assembly with the regulation approving the procedures; and must be published on the electoral commission’s website.\n- (a) the registration of electors who may cast an electronically assisted vote for an election under section 68 (5B) ;\n- (b) the authentication of each electronically assisted vote;\n- (c) the recording of each elector who uses electronically assisted voting;\n- (d) ensuring the secrecy of each electronically assisted vote;\n- (e) the secure transmission of each electronically assisted vote to the electoral commissioner, and secure storage of each electronically assisted vote by the commissioner, until printing;\n- (f) the printing, for scrutiny and counting, of a ballot paper for each electronically assisted vote;\n- (g) the secure delivery of each printed ballot paper to the returning officer.\n- (a) do not take effect until approved by a regulation; and\n- (b) must be tabled in the Legislative Assembly with the regulation approving the procedures; and\n- (c) must be published on the electoral commission’s website.","sortOrder":104},{"sectionNumber":"sec.75B","sectionType":"section","heading":"Audit of electronically assisted voting for an election","content":"### sec.75B Audit of electronically assisted voting for an election\n\nThe electoral commission must appoint an independent person to audit the information technology used for an election under the procedures for electronically assisted voting made under section 75A .\nThe audit must be conducted—\nat least 7 days before the nomination day for the election; and\nwithin 60 days after the polling day for the election.\nA person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.\nThe person appointed to conduct the audit may make recommendations to the electoral commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.\nA regulation may prescribe requirements about the conduct of an audit under this section.\ns 75B ins 2014 No. 44 s 57\n(sec.75B-ssec.1) The electoral commission must appoint an independent person to audit the information technology used for an election under the procedures for electronically assisted voting made under section 75A .\n(sec.75B-ssec.2) The audit must be conducted— at least 7 days before the nomination day for the election; and within 60 days after the polling day for the election.\n(sec.75B-ssec.3) A person appointed under subsection (1) must be an individual who is not, and has not ever been, a member of a political party.\n(sec.75B-ssec.4) The person appointed to conduct the audit may make recommendations to the electoral commission to reduce or eliminate risks that could affect the security, accuracy or secrecy of electronically assisted voting.\n(sec.75B-ssec.5) A regulation may prescribe requirements about the conduct of an audit under this section.\n- (a) at least 7 days before the nomination day for the election; and\n- (b) within 60 days after the polling day for the election.","sortOrder":105},{"sectionNumber":"sec.75C","sectionType":"section","heading":"Protection of information technology","content":"### sec.75C Protection of information technology\n\nA person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the disclosure is authorised under—\nthe procedures approved under section 75A (3) ; or\nan agreement entered into by the person with the electoral commissioner.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person must not, without reasonable excuse, destroy or interfere with computer software, a data file or electronic device used for or in connection with electronically assisted voting.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 75C ins 2014 No. 44 s 57\n(sec.75C-ssec.1) A person must not disclose to another person a source code or other computer software relating to electronically assisted voting, unless the disclosure is authorised under— the procedures approved under section 75A (3) ; or an agreement entered into by the person with the electoral commissioner. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.75C-ssec.2) A person must not, without reasonable excuse, destroy or interfere with computer software, a data file or electronic device used for or in connection with electronically assisted voting. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) the procedures approved under section 75A (3) ; or\n- (b) an agreement entered into by the person with the electoral commissioner.","sortOrder":106},{"sectionNumber":"sec.75D","sectionType":"section","heading":"Electoral commissioner may decide electronically assisted voting is not to be used","content":"### sec.75D Electoral commissioner may decide electronically assisted voting is not to be used\n\nThe electoral commissioner may decide that electronically assisted voting is not to be used—\nat a particular election; or\nby a class of electors at a particular election.\nThe electoral commissioner’s decision must be in writing and published on the electoral commission’s website.\ns 75D ins 2014 No. 44 s 57\n(sec.75D-ssec.1) The electoral commissioner may decide that electronically assisted voting is not to be used— at a particular election; or by a class of electors at a particular election.\n(sec.75D-ssec.2) The electoral commissioner’s decision must be in writing and published on the electoral commission’s website.\n- (a) at a particular election; or\n- (b) by a class of electors at a particular election.","sortOrder":107},{"sectionNumber":"sec.75E","sectionType":"section","heading":"Review of electronically assisted voting","content":"### sec.75E Review of electronically assisted voting\n\nOn the request of the Minister following an election, the electoral commissioner must conduct—\na review of the use of electronically assisted voting for the election; and\nan investigation into extending the use of electronically assisted voting to other electors for future elections.\nA report on the review and investigation must be given to the Minister.\nThe Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.\ns 75E ins 2014 No. 44 s 57\n(sec.75E-ssec.1) On the request of the Minister following an election, the electoral commissioner must conduct— a review of the use of electronically assisted voting for the election; and an investigation into extending the use of electronically assisted voting to other electors for future elections.\n(sec.75E-ssec.2) A report on the review and investigation must be given to the Minister.\n(sec.75E-ssec.3) The Minister must, within 14 days after receiving the report, table the report in the Legislative Assembly.\n- (a) a review of the use of electronically assisted voting for the election; and\n- (b) an investigation into extending the use of electronically assisted voting to other electors for future elections.","sortOrder":108},{"sectionNumber":"sec.76","sectionType":"section","heading":"Arrangements for electors at hospitals etc.","content":"### sec.76 Arrangements for electors at hospitals etc.\n\nIf a polling booth is a hospital or part of a hospital, an issuing officer may visit patients and residents in the hospital to enable them to vote.\nThe electoral commission may direct that declaration envelopes be completed by electors voting under this section if, in the opinion of the electoral commission, the size of the voters roll for an election would be impracticable to be used in a portable way.\nBefore taking action under subsection (1) , the issuing officer must inform the scrutineers present of the proposed action.\nWhen visiting patients and residents in a hospital who are electors, the issuing officer must—\ntake to the elector—\na ballot paper and, if directed by the electoral commission, a declaration envelope; and\na ballot box; and\nanything else necessary to enable the elector to vote; and\nbe accompanied by any scrutineer who wishes to accompany the issuing officer.\nThe issuing officer must ensure that, as far as practicable—\nif the electoral commission has directed that declaration envelopes be completed—the elector completes the declaration envelope when casting their vote, including signing the appropriate declaration on the declaration envelope before the issuing officer and having the officer sign the envelope as witness; and\nthe elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and\nthe elector puts the folded ballot paper—\nif the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or\notherwise—in the ballot box.\nIn this section—\nhospital includes any of the following—\na convalescent home;\na nursing home;\na home for the aged;\na hostel for the aged or infirm.\n(sec.76-ssec.1) If a polling booth is a hospital or part of a hospital, an issuing officer may visit patients and residents in the hospital to enable them to vote.\n(sec.76-ssec.2) The electoral commission may direct that declaration envelopes be completed by electors voting under this section if, in the opinion of the electoral commission, the size of the voters roll for an election would be impracticable to be used in a portable way.\n(sec.76-ssec.3) Before taking action under subsection (1) , the issuing officer must inform the scrutineers present of the proposed action.\n(sec.76-ssec.4) When visiting patients and residents in a hospital who are electors, the issuing officer must— take to the elector— a ballot paper and, if directed by the electoral commission, a declaration envelope; and a ballot box; and anything else necessary to enable the elector to vote; and be accompanied by any scrutineer who wishes to accompany the issuing officer.\n(sec.76-ssec.5) The issuing officer must ensure that, as far as practicable— if the electoral commission has directed that declaration envelopes be completed—the elector completes the declaration envelope when casting their vote, including signing the appropriate declaration on the declaration envelope before the issuing officer and having the officer sign the envelope as witness; and the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and the elector puts the folded ballot paper— if the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or otherwise—in the ballot box.\n(sec.76-ssec.6) In this section— hospital includes any of the following— a convalescent home; a nursing home; a home for the aged; a hostel for the aged or infirm.\n- (a) take to the elector— (i) a ballot paper and, if directed by the electoral commission, a declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and\n- (i) a ballot paper and, if directed by the electoral commission, a declaration envelope; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (b) be accompanied by any scrutineer who wishes to accompany the issuing officer.\n- (i) a ballot paper and, if directed by the electoral commission, a declaration envelope; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (a) if the electoral commission has directed that declaration envelopes be completed—the elector completes the declaration envelope when casting their vote, including signing the appropriate declaration on the declaration envelope before the issuing officer and having the officer sign the envelope as witness; and\n- (b) the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and\n- (c) the elector puts the folded ballot paper— (i) if the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or (ii) otherwise—in the ballot box.\n- (i) if the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or\n- (ii) otherwise—in the ballot box.\n- (i) if the electoral commission has directed that declaration envelopes be completed—in the declaration envelope, seals the envelope and puts the sealed envelope in the ballot box; or\n- (ii) otherwise—in the ballot box.\n- (a) a convalescent home;\n- (b) a nursing home;\n- (c) a home for the aged;\n- (d) a hostel for the aged or infirm.","sortOrder":109},{"sectionNumber":"sec.77","sectionType":"section","heading":"Arrangements for electoral visitor voting","content":"### sec.77 Arrangements for electoral visitor voting\n\nEach of the following electors is entitled to be a visitor elector—\nan elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth;\nan elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth.\nAn elector who is entitled to be a visitor elector may apply to the returning officer to vote as a visitor elector.\nThe application must be in the approved form.\nIf the application is received no later than 7p.m. on the Wednesday before polling day, the returning officer must direct an issuing officer to visit the elector to enable the elector to vote.\nAs soon as practicable after the returning officer has directed an issuing officer to visit electors, the returning officer must inform each candidate of—\nthe place from which the issuing officer proposes to start making visits; and\nthe time or times on the day or days when the issuing officer proposes to start making visits.\nThe issuing officer must visit an elector at a reasonable hour before 6p.m. on polling day.\nWhen visiting an elector, the issuing officer must—\ntake to the elector—\na ballot paper; and\na ballot box; and\nanything else necessary to enable the elector to vote; and\nbe accompanied by any scrutineer who wishes to accompany the issuing officer.\nThe issuing officer must ensure that, as far as practicable—\nthe elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and\nthe elector puts the folded ballot paper in the ballot box.\nIf the elector is unable to apply under subsection (2) without help, another person may help the person apply.\ns 77 amd 2014 No. 44 s 58\n(sec.77-ssec.1) Each of the following electors is entitled to be a visitor elector— an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth.\n(sec.77-ssec.2) An elector who is entitled to be a visitor elector may apply to the returning officer to vote as a visitor elector.\n(sec.77-ssec.3) The application must be in the approved form.\n(sec.77-ssec.4) If the application is received no later than 7p.m. on the Wednesday before polling day, the returning officer must direct an issuing officer to visit the elector to enable the elector to vote.\n(sec.77-ssec.5) As soon as practicable after the returning officer has directed an issuing officer to visit electors, the returning officer must inform each candidate of— the place from which the issuing officer proposes to start making visits; and the time or times on the day or days when the issuing officer proposes to start making visits.\n(sec.77-ssec.6) The issuing officer must visit an elector at a reasonable hour before 6p.m. on polling day.\n(sec.77-ssec.7) When visiting an elector, the issuing officer must— take to the elector— a ballot paper; and a ballot box; and anything else necessary to enable the elector to vote; and be accompanied by any scrutineer who wishes to accompany the issuing officer.\n(sec.77-ssec.8) The issuing officer must ensure that, as far as practicable— the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and the elector puts the folded ballot paper in the ballot box.\n(sec.77-ssec.9) If the elector is unable to apply under subsection (2) without help, another person may help the person apply.\n- (a) an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth;\n- (b) an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth.\n- (a) the place from which the issuing officer proposes to start making visits; and\n- (b) the time or times on the day or days when the issuing officer proposes to start making visits.\n- (a) take to the elector— (i) a ballot paper; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and\n- (i) a ballot paper; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (b) be accompanied by any scrutineer who wishes to accompany the issuing officer.\n- (i) a ballot paper; and\n- (ii) a ballot box; and\n- (iii) anything else necessary to enable the elector to vote; and\n- (a) the elector, in private, records a vote on the ballot paper and folds the ballot paper, concealing the vote; and\n- (b) the elector puts the folded ballot paper in the ballot box.","sortOrder":110},{"sectionNumber":"sec.78","sectionType":"section","heading":"Help for electors voting","content":"### sec.78 Help for electors voting\n\nIf an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, be assisted in casting an electronically assisted vote or be otherwise helped, by someone chosen by the elector.\nThe person may help the elector in any of the following ways—\nif asked by the elector—stating the names of candidates;\nacting as interpreter;\nexplaining the following—\nthe ballot paper and the requirements of subdivision 5 about its marking;\nfor electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote;\nmarking or helping to mark the ballot paper, or helping to cast the electronically assisted vote, in the way the elector wishes;\nfolding the ballot paper and putting it into a ballot box or a declaration envelope;\nsealing a declaration envelope or putting it into a ballot box.\nSubsections (1) and (2) apply to all types of voting.\nThis section applies despite section 70 (7) (a) and (b) .\ns 78 amd 2014 No. 44 s 59\n(sec.78-ssec.1) If an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, be assisted in casting an electronically assisted vote or be otherwise helped, by someone chosen by the elector.\n(sec.78-ssec.2) The person may help the elector in any of the following ways— if asked by the elector—stating the names of candidates; acting as interpreter; explaining the following— the ballot paper and the requirements of subdivision 5 about its marking; for electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote; marking or helping to mark the ballot paper, or helping to cast the electronically assisted vote, in the way the elector wishes; folding the ballot paper and putting it into a ballot box or a declaration envelope; sealing a declaration envelope or putting it into a ballot box.\n(sec.78-ssec.3) Subsections (1) and (2) apply to all types of voting.\n(sec.78-ssec.4) This section applies despite section 70 (7) (a) and (b) .\n- (a) if asked by the elector—stating the names of candidates;\n- (b) acting as interpreter;\n- (c) explaining the following— (i) the ballot paper and the requirements of subdivision 5 about its marking; (ii) for electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote;\n- (i) the ballot paper and the requirements of subdivision 5 about its marking;\n- (ii) for electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote;\n- (d) marking or helping to mark the ballot paper, or helping to cast the electronically assisted vote, in the way the elector wishes;\n- (e) folding the ballot paper and putting it into a ballot box or a declaration envelope;\n- (f) sealing a declaration envelope or putting it into a ballot box.\n- (i) the ballot paper and the requirements of subdivision 5 about its marking;\n- (ii) for electronically assisted voting—any aspect of the procedure for casting an electronically assisted vote;","sortOrder":111},{"sectionNumber":"sec.79","sectionType":"section","heading":"Applications to cast postal votes in local government elections that are not postal ballot elections","content":"### sec.79 Applications to cast postal votes in local government elections that are not postal ballot elections\n\nAn elector may apply to the returning officer to cast a postal vote in an election that is not a postal ballot election.\nThe application—\nmay be made orally or in writing; and\nif the application is written—must be in the approved form; and\nmust state the address to which the ballot paper and declaration envelope for the elector is to be sent; and\nmay be given to the returning officer by any person; and\nmust be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day.\nThe polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.\nSubsection (4) applies if—\nthe application complies with subsection (2) ; and\nthe returning officer is satisfied the elector is entitled to cast a postal vote in the election.\nThe returning officer must, as soon as practicable after receiving the application, give the elector—\na ballot paper and a declaration envelope; and\nwritten instructions on how to cast a postal vote.\nThe things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\nHowever, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\nThe returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.\nIf the returning officer receives an application after the time mentioned in subsection (2) (d) , or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election.\ns 79 amd 2014 No. 44 s 60 ; 2015 No. 6 s 11 ; 2019 No. 30 s 177\n(sec.79-ssec.1) An elector may apply to the returning officer to cast a postal vote in an election that is not a postal ballot election.\n(sec.79-ssec.2) The application— may be made orally or in writing; and if the application is written—must be in the approved form; and must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and may be given to the returning officer by any person; and must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.\n(sec.79-ssec.3) Subsection (4) applies if— the application complies with subsection (2) ; and the returning officer is satisfied the elector is entitled to cast a postal vote in the election.\n(sec.79-ssec.4) The returning officer must, as soon as practicable after receiving the application, give the elector— a ballot paper and a declaration envelope; and written instructions on how to cast a postal vote.\n(sec.79-ssec.5) The things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\n(sec.79-ssec.6) However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\n(sec.79-ssec.7) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.\n(sec.79-ssec.8) If the returning officer receives an application after the time mentioned in subsection (2) (d) , or is otherwise satisfied the elector is not entitled to cast a postal vote in the election, the returning officer must give the applicant a written notice that states the elector is not entitled to cast a postal vote in the election.\n- (aa) may be made orally or in writing; and\n- (a) if the application is written—must be in the approved form; and\n- (b) must state the address to which the ballot paper and declaration envelope for the elector is to be sent; and\n- (c) may be given to the returning officer by any person; and\n- (d) must be received by the returning officer no later than 7p.m. on the day that is 12 days before the polling day. Note— The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.\n- (a) the application complies with subsection (2) ; and\n- (b) the returning officer is satisfied the elector is entitled to cast a postal vote in the election.\n- (a) a ballot paper and a declaration envelope; and\n- (b) written instructions on how to cast a postal vote.","sortOrder":112},{"sectionNumber":"sec.80","sectionType":"section","heading":"Distribution of ballot papers to electors for postal ballot elections","content":"### sec.80 Distribution of ballot papers to electors for postal ballot elections\n\nFor a postal ballot election, the returning officer must post the following things to each elector for the election as soon as practicable after the nomination day—\na ballot paper;\na declaration envelope;\nwritten instructions on how a vote may be cast.\nThe things given to an elector under subsection (1) must—\nbe accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’; and\nbe posted to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992 , section 58 (3) .\nHowever, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\nThe returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.\ns 80 amd 2014 No. 44 s 61 ; 2015 No. 6 s 12\n(sec.80-ssec.1) For a postal ballot election, the returning officer must post the following things to each elector for the election as soon as practicable after the nomination day— a ballot paper; a declaration envelope; written instructions on how a vote may be cast.\n(sec.80-ssec.2) The things given to an elector under subsection (1) must— be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’; and be posted to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992 , section 58 (3) .\n(sec.80-ssec.3) However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\n(sec.80-ssec.4) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under this section.\n- (a) a ballot paper;\n- (b) a declaration envelope;\n- (c) written instructions on how a vote may be cast.\n- (a) be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’; and\n- (b) be posted to the elector’s address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992 , section 58 (3) .","sortOrder":113},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applications to cast postal votes in postal ballot elections","content":"### sec.81 Applications to cast postal votes in postal ballot elections\n\nThis section applies if a person believes they are entitled to vote in a postal ballot election but the person is not given a ballot paper and declaration envelope under section 80 (1) .\nThe person may apply to the returning officer to cast a postal vote in the postal ballot election.\nThe application must be received by the returning officer for the election no later than 7p.m. on the day that is 12 days before the polling day.\nThe polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.\nThe application—\nmay be made orally or in writing; and\nif the application is written—must be in the approved form; and\nmust state the address to which the ballot paper and declaration envelope for the person is to be sent; and\nmay be given to the returning officer by any person.\nSubsection (5) applies if—\nthe application complies with subsection (3) ; and\nthe returning officer is satisfied the person is an elector who is entitled to cast a postal vote in the election.\nThe returning officer must, as soon as practicable after receiving the application, give the person—\na ballot paper and a declaration envelope; and\nwritten instructions on how to cast a postal vote.\nThe things given to a person under subsection (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\nHowever, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\nThe returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (5) .\nIf the elector is unable to apply under subsection (2) without help, another person may help the person apply.\nIf the returning officer receives an application after the time mentioned in subsection (2A) , or is otherwise satisfied the person is not an elector who is entitled to cast a postal vote in the election, the returning officer must give the person a written notice that states the person is not entitled to cast a postal vote in the election.\ns 81 amd 2014 No. 44 s 62 ; 2015 No. 6 s 13 ; 2019 No. 30 s 178\n(sec.81-ssec.1) This section applies if a person believes they are entitled to vote in a postal ballot election but the person is not given a ballot paper and declaration envelope under section 80 (1) .\n(sec.81-ssec.2) The person may apply to the returning officer to cast a postal vote in the postal ballot election.\n(sec.81-ssec.2A) The application must be received by the returning officer for the election no later than 7p.m. on the day that is 12 days before the polling day. The polling day for a quadrennial election is a Saturday—see section 23 (2) and (3) . The day that is 12 days before the polling day for a quadrennial election will be 2 Mondays before the polling day.\n(sec.81-ssec.3) The application— may be made orally or in writing; and if the application is written—must be in the approved form; and must state the address to which the ballot paper and declaration envelope for the person is to be sent; and may be given to the returning officer by any person.\n(sec.81-ssec.4) Subsection (5) applies if— the application complies with subsection (3) ; and the returning officer is satisfied the person is an elector who is entitled to cast a postal vote in the election.\n(sec.81-ssec.5) The returning officer must, as soon as practicable after receiving the application, give the person— a ballot paper and a declaration envelope; and written instructions on how to cast a postal vote.\n(sec.81-ssec.6) The things given to a person under subsection (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\n(sec.81-ssec.7) However, the unsealed envelope need not be reply paid post if it is to be sent to an address outside of Australia.\n(sec.81-ssec.8) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (5) .\n(sec.81-ssec.9) If the elector is unable to apply under subsection (2) without help, another person may help the person apply.\n(sec.81-ssec.10) If the returning officer receives an application after the time mentioned in subsection (2A) , or is otherwise satisfied the person is not an elector who is entitled to cast a postal vote in the election, the returning officer must give the person a written notice that states the person is not entitled to cast a postal vote in the election.\n- (a) may be made orally or in writing; and\n- (b) if the application is written—must be in the approved form; and\n- (c) must state the address to which the ballot paper and declaration envelope for the person is to be sent; and\n- (d) may be given to the returning officer by any person.\n- (a) the application complies with subsection (3) ; and\n- (b) the returning officer is satisfied the person is an elector who is entitled to cast a postal vote in the election.\n- (a) a ballot paper and a declaration envelope; and\n- (b) written instructions on how to cast a postal vote.","sortOrder":114},{"sectionNumber":"sec.82","sectionType":"section","heading":"Distribution of ballot papers to silent electors and special postal voters","content":"### sec.82 Distribution of ballot papers to silent electors and special postal voters\n\nAs soon as practicable after the nomination day for an election, the returning officer must post the following things to each silent elector and special postal voter—\na ballot paper;\na declaration envelope;\nwritten instructions on how a vote may be cast;\nan unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\nHowever, the unsealed envelope need not be reply paid post if it is to be posted to an address outside Australia.\nThe returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (1) .\ns 82 amd 2014 No. 44 s 63 ; 2015 No. 6 s 14 ; 2019 No. 30 s 213\n(sec.82-ssec.1) As soon as practicable after the nomination day for an election, the returning officer must post the following things to each silent elector and special postal voter— a ballot paper; a declaration envelope; written instructions on how a vote may be cast; an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.\n(sec.82-ssec.2) However, the unsealed envelope need not be reply paid post if it is to be posted to an address outside Australia.\n(sec.82-ssec.3) The returning officer must keep a record of the ballot papers and declaration envelopes posted to electors under subsection (1) .\n- (a) a ballot paper;\n- (b) a declaration envelope;\n- (c) written instructions on how a vote may be cast;\n- (d) an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’.","sortOrder":115},{"sectionNumber":"sec.83","sectionType":"section","heading":"How electors must record a vote on a ballot paper—optional-preferential voting","content":"### sec.83 How electors must record a vote on a ballot paper—optional-preferential voting\n\nThis section applies if the system of voting at an election is optional-preferential voting.\nAn elector must record a vote in accordance with—\nif the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or\notherwise— subsection (3) or (4) .\nAn elector records a vote on a ballot paper by—\nto record a first-preference vote—writing on the ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of the candidate for whom the elector wishes to cast a first-preference vote; and\nto record a preference vote—writing the numerals 2, 3, and so on (in regular arithmetical sequence by intervals of 1 whole numeral) in other squares to record the order of the elector’s preferences for the other candidates.\nAn elector is only required to record a first-preference vote on a ballot paper but may also record preference votes for 1 or more, but not necessarily all, of the candidates.\ns 83 amd 2014 No. 44 s 64\n(sec.83-ssec.1) This section applies if the system of voting at an election is optional-preferential voting.\n(sec.83-ssec.2) An elector must record a vote in accordance with— if the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or otherwise— subsection (3) or (4) .\n(sec.83-ssec.3) An elector records a vote on a ballot paper by— to record a first-preference vote—writing on the ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of the candidate for whom the elector wishes to cast a first-preference vote; and to record a preference vote—writing the numerals 2, 3, and so on (in regular arithmetical sequence by intervals of 1 whole numeral) in other squares to record the order of the elector’s preferences for the other candidates.\n(sec.83-ssec.4) An elector is only required to record a first-preference vote on a ballot paper but may also record preference votes for 1 or more, but not necessarily all, of the candidates.\n- (a) if the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or\n- (b) otherwise— subsection (3) or (4) .\n- (a) to record a first-preference vote—writing on the ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of the candidate for whom the elector wishes to cast a first-preference vote; and\n- (b) to record a preference vote—writing the numerals 2, 3, and so on (in regular arithmetical sequence by intervals of 1 whole numeral) in other squares to record the order of the elector’s preferences for the other candidates.","sortOrder":116},{"sectionNumber":"sec.84","sectionType":"section","heading":"How electors must record a vote on a ballot paper—first-past-the-post voting","content":"### sec.84 How electors must record a vote on a ballot paper—first-past-the-post voting\n\nThis section applies if the system of voting at an election is first-past-the-post voting.\nAn elector must record a vote in accordance with—\nif the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or\notherwise— subsection (2) or (3) .\nAn elector records a vote on a ballot paper by writing on the ballot paper—\nif 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or\nif 2 or more candidates are to be elected—\nthe numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and\nthe numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.\ns 84 amd 2014 No. 44 s 65 ; 2015 No. 25 s 7\n(sec.84-ssec.1) This section applies if the system of voting at an election is first-past-the-post voting.\n(sec.84-ssec.1A) An elector must record a vote in accordance with— if the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or otherwise— subsection (2) or (3) .\n(sec.84-ssec.2) An elector records a vote on a ballot paper by writing on the ballot paper— if 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or if 2 or more candidates are to be elected— the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and the numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.\n- (a) if the elector votes using electronically assisted voting—the procedures approved under section 75A (3) ; or\n- (b) otherwise— subsection (2) or (3) .\n- (a) if 1 candidate is to be elected—the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or\n- (b) if 2 or more candidates are to be elected— (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and (ii) the numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.\n- (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and\n- (ii) the numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.\n- (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and\n- (ii) the numerals 2, 3 and so on in the squares opposite the names of the other candidates for whom the elector wishes to vote, up to the number of candidates to be elected.","sortOrder":117},{"sectionNumber":"sec.85","sectionType":"section","heading":"Replacement ballot paper issued at polling booth or by visiting issuing officer","content":"### sec.85 Replacement ballot paper issued at polling booth or by visiting issuing officer\n\nThis section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77 , an elector—\nsatisfies an issuing officer that—\na ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and\nthe spoilt ballot paper has not been put in a ballot box in use in the poll; and\nthe elector has not voted in the election; and\ngives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\nThe issuing officer must give the elector another ballot paper.\nThe issuing officer must also—\nplace the spoilt ballot paper in an envelope and seal the envelope; and\nkeep the envelope for separate identification under section 92 (9) (b) .\ns 85 sub 2019 No. 30 s 179\n(sec.85-ssec.1) This section applies if, while voting at a polling booth or when visited by an issuing officer under section 76 or 77 , an elector— satisfies an issuing officer that— a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and the spoilt ballot paper has not been put in a ballot box in use in the poll; and the elector has not voted in the election; and gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\n(sec.85-ssec.2) The issuing officer must give the elector another ballot paper.\n(sec.85-ssec.3) The issuing officer must also— place the spoilt ballot paper in an envelope and seal the envelope; and keep the envelope for separate identification under section 92 (9) (b) .\n- (a) satisfies an issuing officer that— (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and (iii) the elector has not voted in the election; and\n- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and\n- (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and\n- (iii) the elector has not voted in the election; and\n- (b) gives the spoilt ballot paper, or the remains of the ballot paper, to the issuing officer.\n- (i) a ballot paper given to the elector (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a vote; and\n- (ii) the spoilt ballot paper has not been put in a ballot box in use in the poll; and\n- (iii) the elector has not voted in the election; and\n- (a) place the spoilt ballot paper in an envelope and seal the envelope; and\n- (b) keep the envelope for separate identification under section 92 (9) (b) .","sortOrder":118},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Replacement ballot paper issued to postal voter","content":"### sec.85A Replacement ballot paper issued to postal voter\n\nThis section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either—\nthe elector does not receive the ballot paper and declaration envelope; or\nthe ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.\nThe elector may ask the returning officer for a replacement ballot paper.\nIf the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.\nThe returning officer or an issuing officer must—\nif the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or\nif the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\nWhen the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states—\nthe ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and\nthe elector has not otherwise voted in the election.\nThe returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.\ns 85A ins 2019 No. 30 s 179\n(sec.85A-ssec.1) This section applies if a ballot paper for an election and declaration envelope is sent to an elector under subdivision 4 and either— the elector does not receive the ballot paper and declaration envelope; or the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.\n(sec.85A-ssec.2) The elector may ask the returning officer for a replacement ballot paper.\n(sec.85A-ssec.3) If the replacement ballot paper is to be sent to the elector, the request must state the address to which the ballot paper and a declaration envelope are to be sent.\n(sec.85A-ssec.4) The returning officer or an issuing officer must— if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or if the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\n(sec.85A-ssec.5) When the elector casts a postal vote, the elector must make the declaration on the declaration envelope that states— the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and the elector has not otherwise voted in the election.\n(sec.85A-ssec.6) The returning officer must keep a record of all ballot papers and declaration envelopes given or sent under this section.\n- (a) the elector does not receive the ballot paper and declaration envelope; or\n- (b) the ballot paper (the spoilt ballot paper ) is marked, damaged or destroyed to the extent that it can not be used to cast a postal vote.\n- (a) if the elector makes the request in person—give another ballot paper and declaration envelope to the elector; or\n- (b) if the elector’s request complies with subsection (3) —post, deliver or otherwise send another ballot paper and declaration envelope to the elector as soon as practicable after receiving the request.\n- (a) the ballot paper sent to the elector has not been received or has been marked, damaged or destroyed; and\n- (b) the elector has not otherwise voted in the election.","sortOrder":119},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Formal and informal votes","content":"## Formal and informal votes","sortOrder":120},{"sectionNumber":"sec.86","sectionType":"section","heading":"Formal and informal ballot papers—optional-preferential voting","content":"### sec.86 Formal and informal ballot papers—optional-preferential voting\n\nThis section applies to an election if the system of voting is optional-preferential voting.\nA ballot paper has effect as recording a vote in the election only if the ballot paper—\nis completed under section 83 ; and\ndoes not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and\nhas been put into a ballot box as required by this Act.\nAlso, if the ballot paper is sealed in a declaration envelope, the envelope must have been signed, and the signature witnessed, as required under this part.\nAlso, if the ballot paper is sealed in a declaration envelope as a postal vote—\nthe ballot paper must be received by the returning officer no later than 10 days after polling day; and\nfor an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.\nIf a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded.\nIf a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded.\nA ballot paper that has effect to record a vote under this section is a formal ballot paper.\nA ballot paper that has no effect to record a vote under this section is an informal ballot paper.\ns 86 amd 2014 No. 44 s 66 ; 2020 No. 20 s 128\n(sec.86-ssec.1) This section applies to an election if the system of voting is optional-preferential voting.\n(sec.86-ssec.2) A ballot paper has effect as recording a vote in the election only if the ballot paper— is completed under section 83 ; and does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and has been put into a ballot box as required by this Act.\n(sec.86-ssec.3) Also, if the ballot paper is sealed in a declaration envelope, the envelope must have been signed, and the signature witnessed, as required under this part.\n(sec.86-ssec.4) Also, if the ballot paper is sealed in a declaration envelope as a postal vote— the ballot paper must be received by the returning officer no later than 10 days after polling day; and for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.\n(sec.86-ssec.5) If a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded.\n(sec.86-ssec.6) If a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded.\n(sec.86-ssec.7) A ballot paper that has effect to record a vote under this section is a formal ballot paper.\n(sec.86-ssec.8) A ballot paper that has no effect to record a vote under this section is an informal ballot paper.\n- (a) is completed under section 83 ; and\n- (b) does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and\n- (c) has been put into a ballot box as required by this Act.\n- (a) the ballot paper must be received by the returning officer no later than 10 days after polling day; and\n- (b) for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.","sortOrder":121},{"sectionNumber":"sec.87","sectionType":"section","heading":"Formal and informal ballot papers—first-past-the-post voting","content":"### sec.87 Formal and informal ballot papers—first-past-the-post voting\n\nThis section applies to an election if the system of voting is first-past-the-post voting.\nA ballot paper has effect as recording a vote in the election only if the ballot paper—\nis completed under section 84 ; and\ndoes not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and\nhas been put into a ballot box as required by this Act.\nAlso, if the ballot paper is sealed in a declaration envelope, as required by this Act, the envelope must have been signed, and the signature witnessed, as required by section 72 .\nAlso, if the ballot paper is sealed in a declaration envelope as a postal vote—\nthe ballot paper must be received by the returning officer no later than 10 days after polling day; and\nfor an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.\nA ballot paper that complies with section 84 must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected.\nA ballot paper that has effect to record a vote under this section is a formal ballot paper.\nA ballot paper that has no effect to record a vote under this section is an informal ballot paper.\ns 87 amd 2014 No. 44 s 67\n(sec.87-ssec.1) This section applies to an election if the system of voting is first-past-the-post voting.\n(sec.87-ssec.2) A ballot paper has effect as recording a vote in the election only if the ballot paper— is completed under section 84 ; and does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and has been put into a ballot box as required by this Act.\n(sec.87-ssec.3) Also, if the ballot paper is sealed in a declaration envelope, as required by this Act, the envelope must have been signed, and the signature witnessed, as required by section 72 .\n(sec.87-ssec.4) Also, if the ballot paper is sealed in a declaration envelope as a postal vote— the ballot paper must be received by the returning officer no later than 10 days after polling day; and for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.\n(sec.87-ssec.5) A ballot paper that complies with section 84 must not be rejected merely because it indicates the elector’s intention to vote for a number of candidates greater than the number to be elected.\n(sec.87-ssec.6) A ballot paper that has effect to record a vote under this section is a formal ballot paper.\n(sec.87-ssec.7) A ballot paper that has no effect to record a vote under this section is an informal ballot paper.\n- (a) is completed under section 84 ; and\n- (b) does not contain any writing or mark (other than as permitted by this Act) by which the elector can, in the returning officer’s opinion, be identified; and\n- (c) has been put into a ballot box as required by this Act.\n- (a) the ballot paper must be received by the returning officer no later than 10 days after polling day; and\n- (b) for an elector who made a signed application under section 79 or 81 to cast a postal vote in the election—the signature on the declaration envelope must match the elector’s signature on the application.","sortOrder":122},{"sectionNumber":"sec.88","sectionType":"section","heading":"Ballot paper partly formal and partly informal","content":"### sec.88 Ballot paper partly formal and partly informal\n\nThis section applies if—\nan election for mayor of a local government and an election for the other councillors of the local government are held at the same time and 1 ballot paper is used for both elections; and\nthe ballot paper, as completed for 1 of the elections, is informal but, as completed for the other election, is formal.\nThe informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 7 .\n(sec.88-ssec.1) This section applies if— an election for mayor of a local government and an election for the other councillors of the local government are held at the same time and 1 ballot paper is used for both elections; and the ballot paper, as completed for 1 of the elections, is informal but, as completed for the other election, is formal.\n(sec.88-ssec.2) The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 7 .\n- (a) an election for mayor of a local government and an election for the other councillors of the local government are held at the same time and 1 ballot paper is used for both elections; and\n- (b) the ballot paper, as completed for 1 of the elections, is informal but, as completed for the other election, is formal.","sortOrder":123},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Counting of votes","content":"## Counting of votes","sortOrder":124},{"sectionNumber":"sec.89","sectionType":"section","heading":"Preliminary processing of declaration envelopes","content":"### sec.89 Preliminary processing of declaration envelopes\n\nFor a postal ballot election, before, on or after the polling day, the returning officer may open all ballot boxes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\nFor an election other than a postal ballot election, before or after the polling day, the returning officer may open all ballot boxes containing only sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\nAs soon as practicable after 6p.m. on polling day, the returning officer may open all other ballot boxes containing sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\nAs soon as practicable after receipt by the returning officer of a parcel of sealed declaration envelopes from a polling booth, the returning officer may open the parcel and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\ns 89 amd 2014 No. 44 s 68 ; 2019 No. 30 s 180\n(sec.89-ssec.1) For a postal ballot election, before, on or after the polling day, the returning officer may open all ballot boxes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\n(sec.89-ssec.2) For an election other than a postal ballot election, before or after the polling day, the returning officer may open all ballot boxes containing only sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\n(sec.89-ssec.3) As soon as practicable after 6p.m. on polling day, the returning officer may open all other ballot boxes containing sealed declaration envelopes and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.\n(sec.89-ssec.4) As soon as practicable after receipt by the returning officer of a parcel of sealed declaration envelopes from a polling booth, the returning officer may open the parcel and examine the envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting.","sortOrder":125},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2014 No. 44 s 69","sortOrder":126},{"sectionNumber":"sec.91","sectionType":"section","heading":"Procedure for processing declaration envelopes","content":"### sec.91 Procedure for processing declaration envelopes\n\nThe returning officer must—\ninform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer; and\nallow the candidates, or their scrutineers, to attend at the processing of declaration envelopes.\nOn examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a vote, the returning officer must—\nrecord on the voters roll, in a way approved by the returning officer, that the declarant has voted; and\nplace the envelope containing the ballot paper (the accepted envelope ) in a locked or sealed ballot box; and\nkeep the accepted envelope in the ballot box until dealt with under subsection (3) and section 95 .\nThe returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 95 .\nThe returning officer must—\nput all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 89 (3) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and\nkeep them there until they are dealt with in the official counting of votes.\nIf a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification.\nThe returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification—\nall accepted declaration envelopes from which ballot papers have been removed; and\nall rejected declaration envelopes.\ns 91 amd 2019 No. 30 s 181\n(sec.91-ssec.1) The returning officer must— inform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer; and allow the candidates, or their scrutineers, to attend at the processing of declaration envelopes.\n(sec.91-ssec.2) On examining the declaration envelopes, if the returning officer is satisfied the declaration has been properly completed, the envelope is sealed and the declarant on the envelope is entitled to cast a vote, the returning officer must— record on the voters roll, in a way approved by the returning officer, that the declarant has voted; and place the envelope containing the ballot paper (the accepted envelope ) in a locked or sealed ballot box; and keep the accepted envelope in the ballot box until dealt with under subsection (3) and section 95 .\n(sec.91-ssec.3) The returning officer may take the accepted envelopes from the locked or sealed ballot box and remove the ballot papers from the envelopes, without unfolding them, or allowing anyone else to unfold them, and keep them in a locked or sealed ballot box until dealt with under section 95 .\n(sec.91-ssec.4) The returning officer must— put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 89 (3) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and keep them there until they are dealt with in the official counting of votes.\n(sec.91-ssec.5) If a declaration envelope is rejected, the returning officer must set it aside in the officer’s custody for separate identification.\n(sec.91-ssec.6) The returning officer must seal up in separate parcels, and keep in the officer’s custody for separate identification— all accepted declaration envelopes from which ballot papers have been removed; and all rejected declaration envelopes.\n- (a) inform all candidates for election of the times when, and the places where, declaration envelopes will be examined by the returning officer; and\n- (b) allow the candidates, or their scrutineers, to attend at the processing of declaration envelopes.\n- (a) record on the voters roll, in a way approved by the returning officer, that the declarant has voted; and\n- (b) place the envelope containing the ballot paper (the accepted envelope ) in a locked or sealed ballot box; and\n- (c) keep the accepted envelope in the ballot box until dealt with under subsection (3) and section 95 .\n- (a) put all ballot papers (not in declaration envelopes) that are in a ballot box opened under section 89 (3) into a locked or sealed ballot box, without unfolding them, or allowing anyone else to unfold them; and\n- (b) keep them there until they are dealt with in the official counting of votes.\n- (a) all accepted declaration envelopes from which ballot papers have been removed; and\n- (b) all rejected declaration envelopes.","sortOrder":127},{"sectionNumber":"sec.92","sectionType":"section","heading":"Preliminary counting of ordinary votes","content":"### sec.92 Preliminary counting of ordinary votes\n\nThe presiding officer of a polling booth must follow, in order, the procedures stated in subsections (3) to (11) —\nas soon as practicable after the end of ordinary voting hours for the polling booth; and\nat a place nominated by the officer; and\nin the presence of issuing officers and any candidates and scrutineers who wish to attend.\nHowever, the presiding officer may do anything required under subsections (3) to (10) through an issuing officer authorised by the presiding officer for that purpose.\nOpen all ballot boxes used at the polling booth.\nIdentify, and keep in a separate parcel, all declaration envelopes.\nExamine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and—\nidentify, and keep in a separate parcel, all informal ballot papers; and\nif the system of voting is first-past-the-post voting—count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and\nif the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel all formal ballot papers on which a first-preference vote is recorded for the same candidate.\nPrepare a written statement in the approved form.\nSeal up in separate parcels all formal and informal ballot papers (including ballot papers printed for electronically assisted votes), declaration envelopes and unused ballot papers.\nEndorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement.\nPut the following into separate parcels and endorse on each parcel a description of its contents—\nthe voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under subsection (6) ;\nall ballot papers or remains of ballot papers set aside, under section 85 (3) (b) , for separate identification.\nEndorse the following on each parcel, and sign each endorsement—\nthe name of the local government area, or division of the local government area, for which the election was held;\nthe name of the polling booth from which the parcel has come.\nIf the presiding officer is a person other than the returning officer, the presiding officer must, as soon as practicable, give each of the following things to the returning officer or a person nominated by the returning officer—\nthe parcels mentioned in subsections (3) to (10) ;\na copy of the statement prepared under subsection (6) , other than the copy mentioned in subsection (9) (a) ;\na reconciliation statement, in the approved form, for all ballot papers given out at the polling booth and all votes put in ballot boxes at the booth.\ns 92 amd 2014 No. 44 s 70 ; 2019 No. 30 s 182 ; 2020 No. 20 s 129\n(sec.92-ssec.1) The presiding officer of a polling booth must follow, in order, the procedures stated in subsections (3) to (11) — as soon as practicable after the end of ordinary voting hours for the polling booth; and at a place nominated by the officer; and in the presence of issuing officers and any candidates and scrutineers who wish to attend.\n(sec.92-ssec.2) However, the presiding officer may do anything required under subsections (3) to (10) through an issuing officer authorised by the presiding officer for that purpose.\n(sec.92-ssec.3) Open all ballot boxes used at the polling booth.\n(sec.92-ssec.4) Identify, and keep in a separate parcel, all declaration envelopes.\n(sec.92-ssec.5) Examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— identify, and keep in a separate parcel, all informal ballot papers; and if the system of voting is first-past-the-post voting—count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel all formal ballot papers on which a first-preference vote is recorded for the same candidate.\n(sec.92-ssec.6) Prepare a written statement in the approved form.\n(sec.92-ssec.7) Seal up in separate parcels all formal and informal ballot papers (including ballot papers printed for electronically assisted votes), declaration envelopes and unused ballot papers.\n(sec.92-ssec.8) Endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement.\n(sec.92-ssec.9) Put the following into separate parcels and endorse on each parcel a description of its contents— the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under subsection (6) ; all ballot papers or remains of ballot papers set aside, under section 85 (3) (b) , for separate identification.\n(sec.92-ssec.10) Endorse the following on each parcel, and sign each endorsement— the name of the local government area, or division of the local government area, for which the election was held; the name of the polling booth from which the parcel has come.\n(sec.92-ssec.11) If the presiding officer is a person other than the returning officer, the presiding officer must, as soon as practicable, give each of the following things to the returning officer or a person nominated by the returning officer— the parcels mentioned in subsections (3) to (10) ; a copy of the statement prepared under subsection (6) , other than the copy mentioned in subsection (9) (a) ; a reconciliation statement, in the approved form, for all ballot papers given out at the polling booth and all votes put in ballot boxes at the booth.\n- (a) as soon as practicable after the end of ordinary voting hours for the polling booth; and\n- (b) at a place nominated by the officer; and\n- (c) in the presence of issuing officers and any candidates and scrutineers who wish to attend.\n- (a) identify, and keep in a separate parcel, all informal ballot papers; and\n- (b) if the system of voting is first-past-the-post voting—count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and\n- (c) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel all formal ballot papers on which a first-preference vote is recorded for the same candidate.\n- (a) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under subsection (6) ;\n- (b) all ballot papers or remains of ballot papers set aside, under section 85 (3) (b) , for separate identification.\n- (a) the name of the local government area, or division of the local government area, for which the election was held;\n- (b) the name of the polling booth from which the parcel has come.\n- (a) the parcels mentioned in subsections (3) to (10) ;\n- (b) a copy of the statement prepared under subsection (6) , other than the copy mentioned in subsection (9) (a) ;\n- (c) a reconciliation statement, in the approved form, for all ballot papers given out at the polling booth and all votes put in ballot boxes at the booth.","sortOrder":128},{"sectionNumber":"sec.93","sectionType":"section","heading":"Objections by scrutineers during preliminary count","content":"### sec.93 Objections by scrutineers during preliminary count\n\nIf, while a presiding officer is complying with section 92 (5) , a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.\nIf, while a presiding officer is complying with section 92 (5) , a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.\n(sec.93-ssec.1) If, while a presiding officer is complying with section 92 (5) , a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.\n(sec.93-ssec.2) If, while a presiding officer is complying with section 92 (5) , a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.","sortOrder":129},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2014 No. 44 s 71","sortOrder":130},{"sectionNumber":"sec.95","sectionType":"section","heading":"Official counting of votes","content":"### sec.95 Official counting of votes\n\nThe returning officer must follow, in order, the procedures stated in subsections (2) to (6) —\nas soon as practicable after close of the poll in an election; and\nin the presence of the candidates or scrutineers who wish to attend.\nThe returning officer must work out from the statements of presiding officers under section 92 (6) —\nif the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or\nif the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate.\nThe returning officer must—\nopen all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and\nexamine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and—\nif the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or\nif the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.\nThe returning officer must—\nopen all other ballot boxes on hand; and\nopen all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and\nidentify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and\nexamine all formal ballot papers, including ballot papers printed for electronically assisted votes, and—\nif the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or\nif the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.\nThe returning officer must add together—\nif the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or\nif the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) .\nThe returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll.\ns 95 amd 2019 No. 30 s 183\n(sec.95-ssec.1) The returning officer must follow, in order, the procedures stated in subsections (2) to (6) — as soon as practicable after close of the poll in an election; and in the presence of the candidates or scrutineers who wish to attend.\n(sec.95-ssec.2) The returning officer must work out from the statements of presiding officers under section 92 (6) — if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate.\n(sec.95-ssec.3) The returning officer must— open all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.\n(sec.95-ssec.4) The returning officer must— open all other ballot boxes on hand; and open all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and— if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.\n(sec.95-ssec.5) The returning officer must add together— if the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or if the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) .\n(sec.95-ssec.6) The returning officer must reapply subsections (4) and (5) as more declaration envelopes are received by the returning officer under section 72 after close of the poll.\n- (a) as soon as practicable after close of the poll in an election; and\n- (b) in the presence of the candidates or scrutineers who wish to attend.\n- (a) if the system of voting is first-past-the-post voting—the number of votes cast for each candidate; or\n- (b) if the system of voting is optional-preferential voting—the number of first-preference votes cast for each candidate.\n- (a) open all sealed parcels of ballot papers given to the returning officer under section 92 (11) or sealed by the returning officer if the returning officer conducted the preliminary count under section 92 ; and\n- (b) examine all ballot papers that are not in declaration envelopes, including ballot papers printed for electronically assisted votes, and— (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.\n- (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or\n- (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.\n- (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on formal ballot papers, and keep the ballot papers in a separate parcel; or\n- (ii) if the system of voting is optional-preferential voting—arrange all formal ballot papers under the names of the candidates by putting in a separate parcel the formal ballot papers on which a first-preference vote is indicated for the same candidate, and count the number of first-preference votes for each candidate on the formal ballot papers.\n- (a) open all other ballot boxes on hand; and\n- (b) open all accepted envelopes mentioned in section 91 (2) (c) that have not yet been opened and remove the ballot papers; and\n- (c) identify, and keep in a separate parcel, all informal ballot papers, including ballot papers printed for electronically assisted votes; and\n- (d) examine all formal ballot papers, including ballot papers printed for electronically assisted votes, and— (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.\n- (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or\n- (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.\n- (i) if the system of voting is first-past-the-post voting—count the number of votes cast for each candidate on the ballot papers, and keep the ballot papers in a separate parcel; or\n- (ii) if the system of voting is optional-preferential voting—arrange the ballot papers under the names of the candidates by putting in a separate parcel the ballot papers on which a first-preference vote is recorded for the same candidate, and count the number of first-preference votes for each candidate on the ballot papers.\n- (a) if the system of voting is first-past-the-post voting—the number counted under subsections (3) (b) (i) and (4) (d) (i) ; or\n- (b) if the system of voting is optional-preferential voting—the number counted under subsections (3) (b) (ii) and (4) (d) (ii) .","sortOrder":131},{"sectionNumber":"sec.96","sectionType":"section","heading":"Objections by scrutineers during official count","content":"### sec.96 Objections by scrutineers during official count\n\nIf, while the returning officer is complying with section 95 , a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.\nIf, while the returning officer is complying with section 95 , a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.\n(sec.96-ssec.1) If, while the returning officer is complying with section 95 , a candidate or scrutineer objects to the treatment of a particular ballot paper as informal, the officer must mark on the back of it ‘formal’ or ‘informal’ according to whether the officer’s decision is to treat it as formal or informal.\n(sec.96-ssec.2) If, while the returning officer is complying with section 95 , a candidate or scrutineer objects to the counting of a vote for a particular candidate, the officer must mark on the back of the relevant ballot paper the name of the candidate for whom it is counted.","sortOrder":132},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Re-counting of votes","content":"### sec.96A Re-counting of votes\n\nAt any time before the following happens, the electoral commission may direct the returning officer, or another member of the electoral commission’s staff, to re-count some or all of the ballot papers for an election—\nthe result of the poll for the election is notified by the electoral commission under section 100 ;\nthe electoral commission refers a matter to the Court of Disputed Returns under part 7 .\nThe returning officer may re-count some or all of the ballot papers for the election at any time before the results of the election are notified.\nA person carrying out a re-count of ballot papers must, so far as practicable, ensure that the requirements of section 95 are complied with.\nThis section does not limit by implication section 9 (5) .\ns 96A ins 2014 No. 44 s 72\namd 2015 No. 6 s 15\n(sec.96A-ssec.1) At any time before the following happens, the electoral commission may direct the returning officer, or another member of the electoral commission’s staff, to re-count some or all of the ballot papers for an election— the result of the poll for the election is notified by the electoral commission under section 100 ; the electoral commission refers a matter to the Court of Disputed Returns under part 7 .\n(sec.96A-ssec.2) The returning officer may re-count some or all of the ballot papers for the election at any time before the results of the election are notified.\n(sec.96A-ssec.3) A person carrying out a re-count of ballot papers must, so far as practicable, ensure that the requirements of section 95 are complied with.\n(sec.96A-ssec.4) This section does not limit by implication section 9 (5) .\n- (a) the result of the poll for the election is notified by the electoral commission under section 100 ;\n- (b) the electoral commission refers a matter to the Court of Disputed Returns under part 7 .","sortOrder":133},{"sectionNumber":"sec.97","sectionType":"section","heading":"Counting of votes for optional-preferential system","content":"### sec.97 Counting of votes for optional-preferential system\n\nThis section applies for counting votes in an election in which the system of voting is optional-preferential voting.\nIf, after final counting under section 95 , an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected.\nAlternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate.\nFor subsection (3) , a further count assigning preference votes is conducted by—\nexcluding the candidate with the fewest votes in a previous count; and\nexcluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and\nassigning each preference vote recorded on the remaining ballot papers to the candidate who—\nis next in the order of an elector’s preference on the ballot paper; and\nhas not been excluded; and\ncounting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded.\nIf, after final counting under subsection (4) , an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected.\nIf subsection (4) (a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is—\nif there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or\nif there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) .\nFor subsection (6) (b) , the returning officer must, in the presence of any candidates, or their representative, who wish to attend—\nwrite the names of the candidates who have an equal number of votes on similar slips of paper; and\nfold the slips, concealing the names; and\nput the slips in an opaque container and shuffle them; and\nraise the container so that its contents can not be seen and choose a slip at random.\nIf, under subsection (6) , the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6) , the candidate whose name is recorded under subsection (9) (g) is elected.\nThe returning officer must, in the presence of 2 witnesses—\nprepare a list of the candidates; and\nassign a different number or colour to each candidate; and\nplace only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and\nrotate the container and permit another person present who wishes to do so to rotate it; and\nraise the container so that its contents can not be seen; and\nwhile the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and\nrecord the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\nFor subsection (9) (c) , the marbles must be—\nthe same size and weight; and\nthe same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates.\nThe returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9) .\nIn this section—\nabsolute majority means more than 50% of votes.\n(sec.97-ssec.1) This section applies for counting votes in an election in which the system of voting is optional-preferential voting.\n(sec.97-ssec.2) If, after final counting under section 95 , an absolute majority of formal first-preference votes are for 1 candidate, that candidate is elected.\n(sec.97-ssec.3) Alternatively, if there is no absolute majority of the formal first-preference votes for 1 candidate, a further count assigning preference votes must be conducted and, if necessary, repeated until an absolute majority of the remaining votes are for 1 candidate.\n(sec.97-ssec.4) For subsection (3) , a further count assigning preference votes is conducted by— excluding the candidate with the fewest votes in a previous count; and excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and assigning each preference vote recorded on the remaining ballot papers to the candidate who— is next in the order of an elector’s preference on the ballot paper; and has not been excluded; and counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded.\n(sec.97-ssec.5) If, after final counting under subsection (4) , an absolute majority of the votes remaining in the count are for 1 candidate, that candidate is elected.\n(sec.97-ssec.6) If subsection (4) (a) can not be applied because 2 or more candidates (1 of whom must be excluded) have an equal number of votes, the candidate to be excluded is— if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) .\n(sec.97-ssec.7) For subsection (6) (b) , the returning officer must, in the presence of any candidates, or their representative, who wish to attend— write the names of the candidates who have an equal number of votes on similar slips of paper; and fold the slips, concealing the names; and put the slips in an opaque container and shuffle them; and raise the container so that its contents can not be seen and choose a slip at random.\n(sec.97-ssec.8) If, under subsection (6) , the candidates who have an equal number of votes are the only candidates remaining in the count, then, despite subsection (6) , the candidate whose name is recorded under subsection (9) (g) is elected.\n(sec.97-ssec.9) The returning officer must, in the presence of 2 witnesses— prepare a list of the candidates; and assign a different number or colour to each candidate; and place only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and rotate the container and permit another person present who wishes to do so to rotate it; and raise the container so that its contents can not be seen; and while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\n(sec.97-ssec.10) For subsection (9) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates.\n(sec.97-ssec.11) The returning officer must allow each of the 2 candidates, or their representative, to be present for the process mentioned in subsection (9) .\n(sec.97-ssec.12) In this section— absolute majority means more than 50% of votes.\n- (a) excluding the candidate with the fewest votes in a previous count; and\n- (b) excluding all ballot papers on which there is not recorded a preference vote for a candidate who has not been excluded for the count or a previous count; and\n- (c) assigning each preference vote recorded on the remaining ballot papers to the candidate who— (i) is next in the order of an elector’s preference on the ballot paper; and (ii) has not been excluded; and\n- (i) is next in the order of an elector’s preference on the ballot paper; and\n- (ii) has not been excluded; and\n- (d) counting the number of votes (first-preference votes for a candidate together with any preference votes assigned to the candidate) for each candidate who has not been excluded.\n- (i) is next in the order of an elector’s preference on the ballot paper; and\n- (ii) has not been excluded; and\n- (a) if there has been an earlier count—the candidate who had the fewest votes at the last count at which the candidates did not have an equal number of votes; or\n- (b) if there has not been an earlier count or the candidates had an equal number of votes at all earlier counts—the candidate whose name is on a slip chosen under subsection (7) .\n- (a) write the names of the candidates who have an equal number of votes on similar slips of paper; and\n- (b) fold the slips, concealing the names; and\n- (c) put the slips in an opaque container and shuffle them; and\n- (d) raise the container so that its contents can not be seen and choose a slip at random.\n- (a) prepare a list of the candidates; and\n- (b) assign a different number or colour to each candidate; and\n- (c) place only the marbles, balls or other similar things ( marbles ), complying with subsection (10) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and\n- (d) rotate the container and permit another person present who wishes to do so to rotate it; and\n- (e) raise the container so that its contents can not be seen; and\n- (f) while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and\n- (g) record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\n- (a) the same size and weight; and\n- (b) the same colours or numbers as the colours or numbers assigned under subsection (9) (b) to the candidates.","sortOrder":134},{"sectionNumber":"sec.98","sectionType":"section","heading":"Counting of votes for first-past-the-post system","content":"### sec.98 Counting of votes for first-past-the-post system\n\nThis section applies for counting votes in an election in which the system of voting is first-past-the-post voting.\nIf only 1 person is to be elected, the candidate who receives the majority of votes is elected.\nIf subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7) (g) is elected.\nIf 2 or more persons are to be elected (as councillors)—the candidates elected are—\nthe candidate who receives the majority of votes; and\nthe candidates who receive the next highest number of votes, up to the number of persons to be elected.\nA candidate who receives no votes has a number of votes that is 0.\nIf—\nsubsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and\nthe number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected;\nthe candidate whose name is recorded under subsection (7) (g) is elected.\nA candidate who receives no votes has a number of votes that is 0.\nTo remove any doubt, it is declared that, if—\nsubsection (4) can not be applied there are tied candidates; and\nthe number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected;\nthe tied candidates are elected.\nIf three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be elected.\nThe returning officer must, in the presence of 2 witnesses—\nprepare a list of the candidates; and\nassign a different number or colour to each candidate; and\nplace only the marbles, balls or other similar things ( marbles ), complying with subsection (8) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and\nrotate the container and permit another person present who wishes to do so to rotate it; and\nraise the container so that its contents can not be seen; and\nwhile the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and\nrecord the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\nFor subsection (7) (c) , the marbles must be—\nthe same size and weight; and\nthe same colours or numbers as the colours or numbers assigned under subsection (7) (b) to the candidates.\nThe returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7) .\ns 98 amd 2014 No. 44 s 73\n(sec.98-ssec.1) This section applies for counting votes in an election in which the system of voting is first-past-the-post voting.\n(sec.98-ssec.2) If only 1 person is to be elected, the candidate who receives the majority of votes is elected.\n(sec.98-ssec.3) If subsection (2) can not be applied because 2 or more candidates have an equal number of votes, the candidate whose name is recorded under subsection (7) (g) is elected.\n(sec.98-ssec.4) If 2 or more persons are to be elected (as councillors)—the candidates elected are— the candidate who receives the majority of votes; and the candidates who receive the next highest number of votes, up to the number of persons to be elected. A candidate who receives no votes has a number of votes that is 0.\n(sec.98-ssec.5) If— subsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and the number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected; the candidate whose name is recorded under subsection (7) (g) is elected. A candidate who receives no votes has a number of votes that is 0.\n(sec.98-ssec.6) To remove any doubt, it is declared that, if— subsection (4) can not be applied there are tied candidates; and the number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected; the tied candidates are elected. If three persons remain to be elected and the 2 candidates with the highest number of votes have an equal number of votes, the candidates are elected and then only 1 person would remain to be elected.\n(sec.98-ssec.7) The returning officer must, in the presence of 2 witnesses— prepare a list of the candidates; and assign a different number or colour to each candidate; and place only the marbles, balls or other similar things ( marbles ), complying with subsection (8) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and rotate the container and permit another person present who wishes to do so to rotate it; and raise the container so that its contents can not be seen; and while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\n(sec.98-ssec.8) For subsection (7) (c) , the marbles must be— the same size and weight; and the same colours or numbers as the colours or numbers assigned under subsection (7) (b) to the candidates.\n(sec.98-ssec.9) The returning officer must allow each of the candidates, or their representative, to be present for the process mentioned in subsection (7) .\n- (a) the candidate who receives the majority of votes; and\n- (b) the candidates who receive the next highest number of votes, up to the number of persons to be elected.\n- (a) subsection (4) can not be applied because 2 or more candidates (the tied candidates ) have an equal number of votes; and\n- (b) the number of tied candidates, together with any candidates already elected under subsection (4) , is more than the number of persons to be elected;\n- (a) subsection (4) can not be applied there are tied candidates; and\n- (b) the number of tied candidates, together with any candidates already elected under subsection (4) , is not more than the number of persons to be elected;\n- (a) prepare a list of the candidates; and\n- (b) assign a different number or colour to each candidate; and\n- (c) place only the marbles, balls or other similar things ( marbles ), complying with subsection (8) , in an opaque container large enough to allow the marbles in it to move about freely when it is rotated; and\n- (d) rotate the container and permit another person present who wishes to do so to rotate it; and\n- (e) raise the container so that its contents can not be seen; and\n- (f) while the container is raised, take 1 of the marbles out of it or allow 1 of the marbles to come out of it; and\n- (g) record the name of the candidate assigned the numbered or coloured marble that, under paragraph (f) , is taken or allowed to come out of the container.\n- (a) the same size and weight; and\n- (b) the same colours or numbers as the colours or numbers assigned under subsection (7) (b) to the candidates.","sortOrder":135},{"sectionNumber":"sec.99","sectionType":"section","heading":"Returning officer’s duty after counting votes","content":"### sec.99 Returning officer’s duty after counting votes\n\nWhen the result of the poll for the election is known, the returning officer must—\nseal the following in separate parcels—\nall formal ballot papers, including ballot papers printed for electronically assisted votes;\nall informal ballot papers, including ballot papers printed for electronically assisted votes;\nall accepted declaration envelopes from which ballot papers have been removed;\nall rejected declaration envelopes;\nall spoilt ballot papers in sealed envelopes;\nall unused ballot papers;\nall of the books and papers (other than the voters roll) used in the poll by each presiding officer; and\nendorse on each parcel a description of its contents and sign the endorsement; and\nallow any scrutineers, who wish to do so, to countersign the endorsement.\ns 99 amd 2019 No. 30 s 184\n- (a) seal the following in separate parcels— (i) all formal ballot papers, including ballot papers printed for electronically assisted votes; (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes; (iii) all accepted declaration envelopes from which ballot papers have been removed; (iv) all rejected declaration envelopes; (v) all spoilt ballot papers in sealed envelopes; (vi) all unused ballot papers; (vii) all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and\n- (i) all formal ballot papers, including ballot papers printed for electronically assisted votes;\n- (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes;\n- (iii) all accepted declaration envelopes from which ballot papers have been removed;\n- (iv) all rejected declaration envelopes;\n- (v) all spoilt ballot papers in sealed envelopes;\n- (vi) all unused ballot papers;\n- (vii) all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and\n- (b) endorse on each parcel a description of its contents and sign the endorsement; and\n- (c) allow any scrutineers, who wish to do so, to countersign the endorsement.\n- (i) all formal ballot papers, including ballot papers printed for electronically assisted votes;\n- (ii) all informal ballot papers, including ballot papers printed for electronically assisted votes;\n- (iii) all accepted declaration envelopes from which ballot papers have been removed;\n- (iv) all rejected declaration envelopes;\n- (v) all spoilt ballot papers in sealed envelopes;\n- (vi) all unused ballot papers;\n- (vii) all of the books and papers (other than the voters roll) used in the poll by each presiding officer; and","sortOrder":136},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Notifying the results of local government elections etc.","content":"## Notifying the results of local government elections etc.","sortOrder":137},{"sectionNumber":"sec.100","sectionType":"section","heading":"Notifying the results of an election","content":"### sec.100 Notifying the results of an election\n\nAs soon as practicable after the result of a poll for an election is known, the electoral commission must, by notice in the approved form, declare—\nthe result of the poll; and\nfor a poll for the election of a mayor, the name of the mayor who has been elected; and\nthe names of each candidate who has been elected.\nThe electoral commission must ensure the notice is published on the electoral commission’s website, and in other ways the electoral commission considers appropriate.\nThe returning officer must ensure the notice is published on the website of the local government for which the election was held.\nThe electoral commission must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election.\ns 100 amd 2014 No. 44 s 74 ; 2019 No. 30 s 185\n(sec.100-ssec.1) As soon as practicable after the result of a poll for an election is known, the electoral commission must, by notice in the approved form, declare— the result of the poll; and for a poll for the election of a mayor, the name of the mayor who has been elected; and the names of each candidate who has been elected.\n(sec.100-ssec.2) The electoral commission must ensure the notice is published on the electoral commission’s website, and in other ways the electoral commission considers appropriate.\n(sec.100-ssec.3) The returning officer must ensure the notice is published on the website of the local government for which the election was held.\n(sec.100-ssec.4) The electoral commission must not delay complying with subsection (1) or (2) merely because some ballot papers have not been received by the returning officer, if it is clear the votes recorded on the ballot papers could not affect the result of the election.\n- (a) the result of the poll; and\n- (b) for a poll for the election of a mayor, the name of the mayor who has been elected; and\n- (c) the names of each candidate who has been elected.","sortOrder":138},{"sectionNumber":"sec.101","sectionType":"section","heading":"Notice of results of poll to candidates","content":"### sec.101 Notice of results of poll to candidates\n\nThe electoral commission must give notice of the final result of the poll to each candidate as soon as practicable after—\nall ballot papers used in the poll have been examined; and\nall votes cast in the poll on ballot papers that appear to be formal have been counted.\n- (a) all ballot papers used in the poll have been examined; and\n- (b) all votes cast in the poll on ballot papers that appear to be formal have been counted.","sortOrder":139},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Election and elector information","content":"### sec.101A Election and elector information\n\nThis section applies if the electoral commission has given notice of the final result of a poll for an election under section 101 .\nAs soon as practicable after giving the notice, the electoral commission must publish on the commission’s website—\nthe number of formal first preference votes cast for each candidate in the poll; and\ninformation about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.\nAlso, the following (each a requester ) may ask the electoral commission for elector information for the election—\na registered political party;\na member of a group of candidates for the election, if at least 1 member of the group was elected at the election;\na councillor who—\nwas elected at the election; and\nas a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.\nThe electoral commission must comply with a request under subsection (3) by giving the requester the elector information about each elector who—\nwas enrolled on the relevant voters roll for the election; and\nvoted in the election.\nThe relevant voters roll for the election is—\nfor a request made by a registered political party—the voters roll for each local government area; or\nfor a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or\nfor a request made by a councillor mentioned in subsection (3) (c) —the voters roll for the local government area, or division of a local government area, for which the councillor was elected.\nThe elector information about an elector who voted in an election is—\nthe elector’s name and address; and\nwhether the elector voted in person, by post or in another way; and\nif the elector voted in person at a polling booth in the local government area—the location of the polling booth.\nHowever, the commission must not give the requester the elector information about a silent elector.\nA person must not use, disclose to another person or allow another person to access elector information given to a registered political party, a member of a group of candidates or a councillor under this section, unless the use, disclosure or access is for a purpose related to an election.\nMaximum penalty for subsection (8) —200 penalty units.\ns 101A ins 2019 No. 30 s 219\namd 2023 No. 8 s 59 sch 1\n(sec.101A-ssec.1) This section applies if the electoral commission has given notice of the final result of a poll for an election under section 101 .\n(sec.101A-ssec.2) As soon as practicable after giving the notice, the electoral commission must publish on the commission’s website— the number of formal first preference votes cast for each candidate in the poll; and information about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.\n(sec.101A-ssec.3) Also, the following (each a requester ) may ask the electoral commission for elector information for the election— a registered political party; a member of a group of candidates for the election, if at least 1 member of the group was elected at the election; a councillor who— was elected at the election; and as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.\n(sec.101A-ssec.4) The electoral commission must comply with a request under subsection (3) by giving the requester the elector information about each elector who— was enrolled on the relevant voters roll for the election; and voted in the election.\n(sec.101A-ssec.5) The relevant voters roll for the election is— for a request made by a registered political party—the voters roll for each local government area; or for a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or for a request made by a councillor mentioned in subsection (3) (c) —the voters roll for the local government area, or division of a local government area, for which the councillor was elected.\n(sec.101A-ssec.6) The elector information about an elector who voted in an election is— the elector’s name and address; and whether the elector voted in person, by post or in another way; and if the elector voted in person at a polling booth in the local government area—the location of the polling booth.\n(sec.101A-ssec.7) However, the commission must not give the requester the elector information about a silent elector.\n(sec.101A-ssec.8) A person must not use, disclose to another person or allow another person to access elector information given to a registered political party, a member of a group of candidates or a councillor under this section, unless the use, disclosure or access is for a purpose related to an election. Maximum penalty for subsection (8) —200 penalty units.\n- (a) the number of formal first preference votes cast for each candidate in the poll; and\n- (b) information about the distribution of formal preference votes, other than first preference votes, for the candidates in the poll.\n- (a) a registered political party;\n- (b) a member of a group of candidates for the election, if at least 1 member of the group was elected at the election;\n- (c) a councillor who— (i) was elected at the election; and (ii) as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.\n- (i) was elected at the election; and\n- (ii) as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.\n- (i) was elected at the election; and\n- (ii) as a candidate for the election, was not a member of a group of candidates or endorsed by a registered political party.\n- (a) was enrolled on the relevant voters roll for the election; and\n- (b) voted in the election.\n- (a) for a request made by a registered political party—the voters roll for each local government area; or\n- (b) for a request made by a group of candidates—the voters roll for the local government area, or division of a local government area, for each member of the group that was elected; or\n- (c) for a request made by a councillor mentioned in subsection (3) (c) —the voters roll for the local government area, or division of a local government area, for which the councillor was elected.\n- (a) the elector’s name and address; and\n- (b) whether the elector voted in person, by post or in another way; and\n- (c) if the elector voted in person at a polling booth in the local government area—the location of the polling booth.","sortOrder":140},{"sectionNumber":"sec.102","sectionType":"section","heading":"Storage and disposal of material resulting from election","content":"### sec.102 Storage and disposal of material resulting from election\n\nAs soon as practicable after the electoral commission gives notice of the final result of a poll for an election under section 101 , the returning officer for the election must—\ndestroy all unused ballot papers; and\nseal up in packets all other parcels sealed up under section 99 ; and\nendorse the following on each packet and sign the endorsement—\na description of its contents;\nthe name of the local government area, or division of a local government area, for which the election was held;\nthe polling day; and\ngive each packet to the electoral commission.\nThe electoral commission must keep the packets in safe custody until the next quadrennial election.\nAt the end of the period under subsection (2) , the electoral commission must—\ndestroy all ballot papers contained in the packets; and\ndispose of the other contents of the packets in the way the commission considers appropriate.\n(sec.102-ssec.1) As soon as practicable after the electoral commission gives notice of the final result of a poll for an election under section 101 , the returning officer for the election must— destroy all unused ballot papers; and seal up in packets all other parcels sealed up under section 99 ; and endorse the following on each packet and sign the endorsement— a description of its contents; the name of the local government area, or division of a local government area, for which the election was held; the polling day; and give each packet to the electoral commission.\n(sec.102-ssec.2) The electoral commission must keep the packets in safe custody until the next quadrennial election.\n(sec.102-ssec.3) At the end of the period under subsection (2) , the electoral commission must— destroy all ballot papers contained in the packets; and dispose of the other contents of the packets in the way the commission considers appropriate.\n- (a) destroy all unused ballot papers; and\n- (b) seal up in packets all other parcels sealed up under section 99 ; and\n- (c) endorse the following on each packet and sign the endorsement— (i) a description of its contents; (ii) the name of the local government area, or division of a local government area, for which the election was held; (iii) the polling day; and\n- (i) a description of its contents;\n- (ii) the name of the local government area, or division of a local government area, for which the election was held;\n- (iii) the polling day; and\n- (d) give each packet to the electoral commission.\n- (i) a description of its contents;\n- (ii) the name of the local government area, or division of a local government area, for which the election was held;\n- (iii) the polling day; and\n- (a) destroy all ballot papers contained in the packets; and\n- (b) dispose of the other contents of the packets in the way the commission considers appropriate.","sortOrder":141},{"sectionNumber":"sec.103","sectionType":"section","heading":"Notice to electors whose ballot papers are not accepted","content":"### sec.103 Notice to electors whose ballot papers are not accepted\n\nThis section applies if—\nin an election, a person casts a vote in the election and completes a declaration envelope for the vote; and\nthe person’s ballot paper is not accepted for counting under section 91 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a vote in the election.\nAs soon as practicable after the election, the electoral commission must send a notice to the person advising the person why the ballot paper was not accepted for counting.\ns 103 amd 2014 No. 44 s 75\n(sec.103-ssec.1) This section applies if— in an election, a person casts a vote in the election and completes a declaration envelope for the vote; and the person’s ballot paper is not accepted for counting under section 91 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a vote in the election.\n(sec.103-ssec.2) As soon as practicable after the election, the electoral commission must send a notice to the person advising the person why the ballot paper was not accepted for counting.\n- (a) in an election, a person casts a vote in the election and completes a declaration envelope for the vote; and\n- (b) the person’s ballot paper is not accepted for counting under section 91 because the returning officer is not satisfied that the declarant on the declaration envelope is entitled to cast a vote in the election.","sortOrder":142},{"sectionNumber":"sec.104","sectionType":"section","heading":"Notice to electoral commission of error in electoral roll","content":"### sec.104 Notice to electoral commission of error in electoral roll\n\nAs soon as practicable after an election, the returning officer must give to the electoral commission notice of the names and addresses of all persons permitted to vote at the election whose names are not on the voters roll, apparently because of official error, if the error relates to the keeping of an electoral roll under the Electoral Act 1992 .","sortOrder":143},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fresh elections","content":"# Fresh elections","sortOrder":144},{"sectionNumber":"sec.105","sectionType":"section","heading":"Arrangements for fresh election","content":"### sec.105 Arrangements for fresh election\n\nThis section applies if—\nthe Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009 , section 123 (3) (b) (i) ; or\nThe dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001 , section 75 (2) .\na fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009 , chapter 2 , part 3 .\nThe day on which a fresh election is to be held must be a Saturday.\nThe provisions of part 4 apply, with all necessary changes and any changes prescribed by regulation, to the fresh election as if the election were a quadrennial election.\ns 105 amd 2020 No. 20 s 130\n(sec.105-ssec.1) This section applies if— the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009 , section 123 (3) (b) (i) ; or The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001 , section 75 (2) . a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009 , chapter 2 , part 3 .\n(sec.105-ssec.2) The day on which a fresh election is to be held must be a Saturday.\n(sec.105-ssec.3) The provisions of part 4 apply, with all necessary changes and any changes prescribed by regulation, to the fresh election as if the election were a quadrennial election.\n- (a) the Governor in Council gives effect to a recommendation by the Minister to dissolve a local government under the Local Government Act 2009 , section 123 (3) (b) (i) ; or Note— The dissolution does not take effect until it is ratified by the Legislative Assembly under the Constitution of Queensland 2001 , section 75 (2) .\n- (b) a fresh election is required under a regulation implementing a recommendation of the change commission under the Local Government Act 2009 , chapter 2 , part 3 .","sortOrder":145},{"sectionNumber":"pt.6","sectionType":"part","heading":"Electoral funding and financial disclosure","content":"# Electoral funding and financial disclosure","sortOrder":146},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":147},{"sectionNumber":"sec.106","sectionType":"section","heading":"Definitions for part","content":"### sec.106 Definitions for part\n\nIn this part—\nagent means an agent of any of the following who is appointed under division 2 for an election—\na registered political party that endorses a candidate in the election;\na candidate in the election;\na group of candidates for the election;\na third party for the election.\ns 106 def agent ins 2023 No. 8 s 17 (2)\nassociated entity —\nof a registered political party that endorses a candidate in an election—see section 112C (2) and (3) ; or\nof a candidate in an election—see section 112D (2) , (3) , (4) and (5) ; or\nof a group of candidates for an election—see section 112E (2) and (3) .\ns 106 def associated entity ins 2023 No. 8 s 17 (2)\nauditor means an individual who—\nhas the qualifications or experience prescribed by regulation for this definition; and\nis not, and has never been, a member of a political party.\ns 106 def auditor ins 2023 No. 8 s 17 (2)\nbank statement , for an account with a financial institution—\nmeans a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period; and\nincludes a written record of the transactions printed from an online banking facility provided by the financial institution.\ns 106 def bank statement ins 2023 No. 8 s 17 (2)\nbroadcaster means—\nthe Australian Broadcasting Corporation continued in existence under the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 5 ; or\nthe Special Broadcasting Service Corporation continued in existence under the Special Broadcasting Service Act 1991 (Cwlth) , section 5 ; or\nthe holder of a licence under the Broadcasting Services Act 1992 (Cwlth) ; or\nthe provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth) .\ns 106 def broadcaster ins 2023 No. 8 s 17 (2)\ncampaign purpose , for incurring electoral expenditure, see section 109B .\ns 106 def campaign purpose ins 2023 No. 8 s 17 (2)\ncandidate’s disclosure period ...\ns 106 def candidate’s disclosure period om 2019 No. 30 s 220 (1)\ncapped expenditure period , for an election, see section 123A .\ns 106 def capped expenditure period ins 2023 No. 8 s 17 (2)\ndisclosure date ...\ns 106 def disclosure date ins 2017 No. 12 s 11 (2)\nom 2019 No. 30 s 220 (1)\ndisclosure deadline , for a return, means the day or time prescribed by regulation for the giving of the return.\ns 106 def disclosure deadline ins 2019 No. 30 s 220 (2)\ndisclosure period , for an election—\nfor a candidate in the election—see section 106A (1) ; or\nfor a registered political party that endorses a candidate in the election—see section 106A (3) ; or\nfor a group of candidates for the election—see section 106A (4) ; or\nfor a third party for the election—see section 106A (5) ; or\nfor an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A (6) .\ns 106 def disclosure period ins 2019 No. 30 s 220 (2)\nsub 2023 No. 8 s 17 (1) – (2)\nelectoral expenditure see section 109A .\ns 106 def electoral expenditure ins 2018 No. 9 s 29\nsub 2019 No. 30 s 220 (1) – (2) ; 2023 No. 8 s 17 (1) – (2)\nendorsed , in relation to a candidate by a registered political party, see section 109G .\ns 106 def endorsed ins 2023 No. 8 s 17 (2)\nfinancial controller , of an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election, means—\nif the entity is a corporation, including a corporation that is the trustee of a trust—the secretary of the corporation; or\nif the entity is the trustee of a trust but is not a corporation—the trustee; or\notherwise—the person responsible for keeping the financial records of the entity.\ns 106 def financial controller ins 2023 No. 8 s 17 (2)\nfundraising contribution see section 107A .\ns 106 def fundraising contribution ins 2019 No. 30 s 220 (2)\ngift see section 107 .\ns 106 def gift amd 2019 No. 30 s 220 (3)\ngifted , for an amount of electoral expenditure incurred, see section 109C (1) .\ns 106 def gifted ins 2023 No. 8 s 17 (2)\ngifts register ...\ns 106 def gifts register om 2019 No. 30 s 220 (1)\ngroup’s disclosure period ...\ns 106 def group’s disclosure period om 2019 No. 30 s 220 (1)\nindividual candidate see section 106AA .\ns 106 def individual candidate ins 2023 No. 8 s 17 (2)\ninformation notice , about a decision, means a notice that states—\nthe decision; and\nthe reasons for the decision; and\nthat the person to whom the notice is given may apply to the electoral commissioner for a review of the decision within 20 business days after the person receives the notice; and\nhow to apply for a review.\ns 106 def information notice ins 2018 No. 9 s 29\nloan means any of the following made other than by a financial institution or use of a credit card—\nan advance of money;\na provision of credit or another form of financial accommodation;\na payment of an amount for, on account of, on behalf of or at the request of an entity, if there is an express or implied obligation to repay the amount;\na transaction (whatever its terms or form) that in substance effects a loan of money.\ns 106 def loan ins 2018 No. 9 s 29\namd 2023 No. 8 s 17 (3)\nparticipant , in an election, see section 106AB .\ns 106 def participant ins 2023 No. 8 s 17 (2)\nperson acting on behalf of a candidate see section 111 (1) .\nperson acting on behalf of a group of candidates see section 111 (2) .\npolitical activity ...\ns 106 def political activity om 2019 No. 30 s 220 (1)\npolitical donation , for division 1A , see section 113A .\ns 106 def political donation ins 2018 No. 9 s 29\nprohibited donor , for division 1A , see section 113 (1) .\ns 106 def prohibited donor ins 2018 No. 9 s 29\nrecipient , of a gift or loan, means the entity to whom, or for the benefit of whom, the gift or loan was made.\ns 106 def recipient ins 2019 No. 30 s 220 (2)\nregistered , for a third party in relation to an election, means registered under division 5A for the election.\ns 106 def registered ins 2023 No. 8 s 17 (2)\nregistered industrial organisation means an organisation registered under a law of the State, another State or the Commonwealth about the registration of industrial organisations.\nregister of agents means the register kept under section 116D .\ns 106 def register of agents ins 2023 No. 8 s 17 (2)\nregister of third parties , for an election, means the register kept under section 127E (1) for the election.\ns 106 def register of third parties ins 2023 No. 8 s 17 (2)\nrelated political party has the meaning given by section 112A .\ns 106 def related political party ins 2023 No. 8 s 17 (2)\nrelevant details , for a gift or loan, see section 109 .\ns 106 def relevant details amd 2019 No. 30 s 220 (4)\nrelevant material means material produced as a result of incurring electoral expenditure, including, for example, an advertisement.\ns 106 def relevant material ins 2023 No. 8 s 17 (2)\nrelevant third party , for an election, means—\na registered third party for the election; or\nanother third party that is required, under section 127D , to be registered for the election.\ns 106 def relevant third party ins 2023 No. 8 s 17 (2)\nreporting period means each of the following periods in a year—\nthe period that starts on 1 January and ends on 30 June in the year;\nthe period that starts on 1 July and ends on 31 December in the year.\ns 106 def reporting period ins 2023 No. 8 s 17 (2)\nrequired period , for an election, means 15 weeks after the polling day for the election or, if no poll is conducted, the day a poll would have been conducted if it were required.\ns 106 def required period ins 2017 No. 12 s 11 (2)\nrestricted donation means a gift or loan that—\nis made by a prohibited donor to a political party; and\nis accompanied by a restricted donation statement.\ns 106 def restricted donation ins 2026 No. 1 s 32\nsource —\nof a gift—see section 121A (1) ; or\nof a loan—see section 121A (2) .\ns 106 def source ins 2019 No. 30 s 220 (2)\nsponsorship arrangement see section 107B .\ns 106 def sponsorship arrangement ins 2023 No. 8 s 17 (2)\nthird party , for an election, means an entity other than—\na registered political party that endorses a candidate in the election; or\na candidate in the election; or\na group of candidates for the election; or\nan associated entity of an entity mentioned in paragraph (a) , (b) or (c) ; or\na person who is a member of a committee for the election of a candidate endorsed by a registered political party, if the committee is part of the political party; or\na person who is a member of a committee for the election of—\na candidate in the election; or\nmembers of a group of candidates for the election.\ns 106 def third party sub 2019 No. 30 s 220 (1) – (2)\namd 2023 No. 8 s 17 (4) – (5)\nvalue , of a gift, see section 108 .\ns 106 amd 2017 No. 12 s 11\n- (a) a registered political party that endorses a candidate in the election;\n- (b) a candidate in the election;\n- (c) a group of candidates for the election;\n- (d) a third party for the election.\n- (a) of a registered political party that endorses a candidate in an election—see section 112C (2) and (3) ; or\n- (b) of a candidate in an election—see section 112D (2) , (3) , (4) and (5) ; or\n- (c) of a group of candidates for an election—see section 112E (2) and (3) .\n- (a) has the qualifications or experience prescribed by regulation for this definition; and\n- (b) is not, and has never been, a member of a political party.\n- (a) means a written record issued by the financial institution of all of the transactions carried out in relation to the account during a stated period; and\n- (b) includes a written record of the transactions printed from an online banking facility provided by the financial institution.\n- (a) the Australian Broadcasting Corporation continued in existence under the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 5 ; or\n- (b) the Special Broadcasting Service Corporation continued in existence under the Special Broadcasting Service Act 1991 (Cwlth) , section 5 ; or\n- (c) the holder of a licence under the Broadcasting Services Act 1992 (Cwlth) ; or\n- (d) the provider of a broadcasting service under a class licence under the Broadcasting Services Act 1992 (Cwlth) .\n- (a) for a candidate in the election—see section 106A (1) ; or\n- (b) for a registered political party that endorses a candidate in the election—see section 106A (3) ; or\n- (c) for a group of candidates for the election—see section 106A (4) ; or\n- (d) for a third party for the election—see section 106A (5) ; or\n- (e) for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election—see section 106A (6) .\n- (a) if the entity is a corporation, including a corporation that is the trustee of a trust—the secretary of the corporation; or\n- (b) if the entity is the trustee of a trust but is not a corporation—the trustee; or\n- (c) otherwise—the person responsible for keeping the financial records of the entity.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the person to whom the notice is given may apply to the electoral commissioner for a review of the decision within 20 business days after the person receives the notice; and\n- (d) how to apply for a review.\n- (a) an advance of money;\n- (b) a provision of credit or another form of financial accommodation;\n- (c) a payment of an amount for, on account of, on behalf of or at the request of an entity, if there is an express or implied obligation to repay the amount;\n- (d) a transaction (whatever its terms or form) that in substance effects a loan of money.\n- (a) a registered third party for the election; or\n- (b) another third party that is required, under section 127D , to be registered for the election.\n- (a) the period that starts on 1 January and ends on 30 June in the year;\n- (b) the period that starts on 1 July and ends on 31 December in the year.\n- (a) is made by a prohibited donor to a political party; and\n- (b) is accompanied by a restricted donation statement.\n- (a) of a gift—see section 121A (1) ; or\n- (b) of a loan—see section 121A (2) .\n- (a) a registered political party that endorses a candidate in the election; or\n- (b) a candidate in the election; or\n- (c) a group of candidates for the election; or\n- (d) an associated entity of an entity mentioned in paragraph (a) , (b) or (c) ; or\n- (e) a person who is a member of a committee for the election of a candidate endorsed by a registered political party, if the committee is part of the political party; or\n- (f) a person who is a member of a committee for the election of— (i) a candidate in the election; or (ii) members of a group of candidates for the election.\n- (i) a candidate in the election; or\n- (ii) members of a group of candidates for the election.\n- (i) a candidate in the election; or\n- (ii) members of a group of candidates for the election.","sortOrder":148},{"sectionNumber":"sec.106AA","sectionType":"section","heading":"When candidate is individual candidate","content":"### sec.106AA When candidate is individual candidate\n\nA candidate in an election is an individual candidate for any part of the capped expenditure period for the election during which the candidate—\nis not a member of a group of candidates for the election; and\nis not endorsed by a registered political party for the election.\nWithout limiting subsection (1) , a candidate in an election may be an individual candidate during 1 or more parts, but not all, of the capped expenditure period for the election.\ns 106AA ins 2023 No. 8 s 18\n(sec.106AA-ssec.1) A candidate in an election is an individual candidate for any part of the capped expenditure period for the election during which the candidate— is not a member of a group of candidates for the election; and is not endorsed by a registered political party for the election.\n(sec.106AA-ssec.2) Without limiting subsection (1) , a candidate in an election may be an individual candidate during 1 or more parts, but not all, of the capped expenditure period for the election.\n- (a) is not a member of a group of candidates for the election; and\n- (b) is not endorsed by a registered political party for the election.","sortOrder":149},{"sectionNumber":"sec.106AB","sectionType":"section","heading":"Meaning of participant in an election","content":"### sec.106AB Meaning of participant in an election\n\nFor this part, each of the following is a participant in an election—\na candidate in the election;\na group of candidates for the election;\na registered political party that endorses a candidate in the election;\na registered third party for the election;\na third party that—\nis not registered for the election; and\nincurs electoral expenditure for the election.\ns 106AB ins 2023 No. 8 s 18\n- (a) a candidate in the election;\n- (b) a group of candidates for the election;\n- (c) a registered political party that endorses a candidate in the election;\n- (d) a registered third party for the election;\n- (e) a third party that— (i) is not registered for the election; and (ii) incurs electoral expenditure for the election.\n- (i) is not registered for the election; and\n- (ii) incurs electoral expenditure for the election.\n- (i) is not registered for the election; and\n- (ii) incurs electoral expenditure for the election.","sortOrder":150},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Meaning of disclosure period","content":"### sec.106A Meaning of disclosure period\n\nThe disclosure period for an election, for a candidate in the election, is the period that—\nstarts—\nif the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or\notherwise—on the day that applies for the candidate under subsection (2) ; and\nends 30 days after the polling day for the election.\nFor subsection (1) (a) (ii) , the day that applies for the candidate for the election is the earlier of the following days—\nthe day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election;\nthe day the person nominates as a candidate in the election;\nthe day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.\nThe disclosure period for an election, for a registered political party that endorses a candidate in the election, is the period that—\nstarts—\nif the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or\nif subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or\notherwise—on the day the party first incurs electoral expenditure for the election; and\nends 30 days after the polling day for the election.\nThe disclosure period for an election, for a group of candidates for the election, is the period that—\nstarts—\nif the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or\notherwise—30 days after the polling day for the last quadrennial election; and\nends 30 days after the polling day for the election.\nThe disclosure period for an election, for a third party for the election, is the period that—\nfor sections 118A and 118B —\nstarts 30 days after the polling day for the last quadrennial election; and\nends 30 days after the polling day for the election; or\nfor sections 125B and 125C —\nstarts on the day the capped expenditure period for the election starts; and\nends 30 days after the polling day for the election; or\nfor section 127AB —\nstarts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and\nends 30 days after the polling day for the election.\nThe disclosure period for an election, for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election, is the period that—\nstarts on the earlier of the following days—\nthe day the associated entity first incurs electoral expenditure for the election;\nthe day the capped expenditure period for the elections starts; and\nends 30 days after the polling day for the election.\nHowever, a regulation may prescribe another day on which a disclosure period mentioned in this section starts or ends.\ns 106A ins 2019 No. 30 s 221\namd 2023 No. 8 s 19\n(sec.106A-ssec.1) The disclosure period for an election, for a candidate in the election, is the period that— starts— if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or otherwise—on the day that applies for the candidate under subsection (2) ; and ends 30 days after the polling day for the election.\n(sec.106A-ssec.2) For subsection (1) (a) (ii) , the day that applies for the candidate for the election is the earlier of the following days— the day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election; the day the person nominates as a candidate in the election; the day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.\n(sec.106A-ssec.3) The disclosure period for an election, for a registered political party that endorses a candidate in the election, is the period that— starts— if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or otherwise—on the day the party first incurs electoral expenditure for the election; and ends 30 days after the polling day for the election.\n(sec.106A-ssec.4) The disclosure period for an election, for a group of candidates for the election, is the period that— starts— if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or otherwise—30 days after the polling day for the last quadrennial election; and ends 30 days after the polling day for the election.\n(sec.106A-ssec.5) The disclosure period for an election, for a third party for the election, is the period that— for sections 118A and 118B — starts 30 days after the polling day for the last quadrennial election; and ends 30 days after the polling day for the election; or for sections 125B and 125C — starts on the day the capped expenditure period for the election starts; and ends 30 days after the polling day for the election; or for section 127AB — starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and ends 30 days after the polling day for the election.\n(sec.106A-ssec.6) The disclosure period for an election, for an associated entity of a registered political party that endorses a candidate in the election or of a candidate in the election or a group of candidates for the election, is the period that— starts on the earlier of the following days— the day the associated entity first incurs electoral expenditure for the election; the day the capped expenditure period for the elections starts; and ends 30 days after the polling day for the election.\n(sec.106A-ssec.7) However, a regulation may prescribe another day on which a disclosure period mentioned in this section starts or ends.\n- (a) starts— (i) if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or (ii) otherwise—on the day that applies for the candidate under subsection (2) ; and\n- (i) if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or\n- (ii) otherwise—on the day that applies for the candidate under subsection (2) ; and\n- (b) ends 30 days after the polling day for the election.\n- (i) if the candidate was a candidate in an election held within 5 years before the polling day for the election—30 days after the polling day for the earlier election; or\n- (ii) otherwise—on the day that applies for the candidate under subsection (2) ; and\n- (a) the day the person announces or otherwise publicly indicates the person’s intention to be a candidate in the election;\n- (b) the day the person nominates as a candidate in the election;\n- (c) the day the person otherwise indicates the person’s intention to be a candidate in the election, including, for example, by accepting a gift made for the purpose of the election.\n- (a) starts— (i) if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or (ii) if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or (iii) otherwise—on the day the party first incurs electoral expenditure for the election; and\n- (i) if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or\n- (ii) if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or\n- (iii) otherwise—on the day the party first incurs electoral expenditure for the election; and\n- (b) ends 30 days after the polling day for the election.\n- (i) if the party endorsed a candidate in a by-election or fresh election held after the last quadrennial election—30 days after the polling day for the last by-election or fresh election in which the party endorsed a candidate; or\n- (ii) if subparagraph (i) does not apply and the party endorsed a candidate in the last quadrennial election—30 days after the polling day for the last quadrennial election; or\n- (iii) otherwise—on the day the party first incurs electoral expenditure for the election; and\n- (a) starts— (i) if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or (ii) otherwise—30 days after the polling day for the last quadrennial election; and\n- (i) if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or\n- (ii) otherwise—30 days after the polling day for the last quadrennial election; and\n- (b) ends 30 days after the polling day for the election.\n- (i) if the most recent election was not a quadrennial election and the group of candidates was also a group of candidates for the most recent election—30 days after the polling day for the last election; or\n- (ii) otherwise—30 days after the polling day for the last quadrennial election; and\n- (a) for sections 118A and 118B — (i) starts 30 days after the polling day for the last quadrennial election; and (ii) ends 30 days after the polling day for the election; or\n- (i) starts 30 days after the polling day for the last quadrennial election; and\n- (ii) ends 30 days after the polling day for the election; or\n- (b) for sections 125B and 125C — (i) starts on the day the capped expenditure period for the election starts; and (ii) ends 30 days after the polling day for the election; or\n- (i) starts on the day the capped expenditure period for the election starts; and\n- (ii) ends 30 days after the polling day for the election; or\n- (c) for section 127AB — (i) starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and (ii) ends 30 days after the polling day for the election.\n- (i) starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and\n- (ii) ends 30 days after the polling day for the election.\n- (i) starts 30 days after the polling day for the last quadrennial election; and\n- (ii) ends 30 days after the polling day for the election; or\n- (i) starts on the day the capped expenditure period for the election starts; and\n- (ii) ends 30 days after the polling day for the election; or\n- (i) starts on the day the third party is registered, or was first required under section 127D to have been registered, for the election; and\n- (ii) ends 30 days after the polling day for the election.\n- (a) starts on the earlier of the following days— (i) the day the associated entity first incurs electoral expenditure for the election; (ii) the day the capped expenditure period for the elections starts; and\n- (i) the day the associated entity first incurs electoral expenditure for the election;\n- (ii) the day the capped expenditure period for the elections starts; and\n- (b) ends 30 days after the polling day for the election.\n- (i) the day the associated entity first incurs electoral expenditure for the election;\n- (ii) the day the capped expenditure period for the elections starts; and","sortOrder":151},{"sectionNumber":"sec.107","sectionType":"section","heading":"Meaning of gift","content":"### sec.107 Meaning of gift\n\nA gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.\nAlso, a gift includes—\nan amount of electoral expenditure a person gifted to a participant in an election; and\nFor when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C .\nan amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by—\nif the party is a part of another entity—a federal or interstate branch or division of the other entity; or\na related political party of the party; and\nin relation to a loan made by a person to another person—\nan amount of uncharged interest on the loan; or\nan amount forgiven on the loan; and\nthe part of a fundraising contribution made by a person to another person that exceeds $200; and\nan amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement.\nA gift does not include—\nthe disposition of property under a will; or\na fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or\nthe following amounts paid to a political party—\nan amount for a person’s subscription for membership of the party;\nan amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ;\nan amount that is a compulsory levy imposed on councillors by the party under its constitution; or\nan amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or\nthe provision of voluntary labour; or\nthe incidental or ancillary use of—\na volunteer’s vehicle or equipment; or\na vehicle or equipment that is ordinarily available for the personal use of a volunteer.\nA reference in this part to a gift does not include a reference to a gift made by a person to an individual (the recipient ) if, when the gift is made—\nit is made in a private capacity for the recipient’s personal use; and\nthe recipient does not intend to use the gift for an electoral purpose.\nHowever, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose—\nthe gift, or that part of the gift, is a gift for this part; and\nthe recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.\nIf the recipient is a councillor, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift directly or indirectly for the recipient’s duties as a councillor.\nIn this section—\nuncharged interest , on a loan, means an amount that would have been payable on the loan if—\nfor a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or\nfor a loan for which interest payable is waived—the interest payable had not been waived; or\nfor a loan for which interest payments are not capitalised—the interest payments were capitalised.\ns 107 sub 2019 No. 30 s 222 ; 2023 No. 8 s 20\n(sec.107-ssec.1) A gift made by a person to another person is the disposition of property, or provision of a service, by the person to the other person, for no consideration or inadequate consideration.\n(sec.107-ssec.2) Also, a gift includes— an amount of electoral expenditure a person gifted to a participant in an election; and For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C . an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by— if the party is a part of another entity—a federal or interstate branch or division of the other entity; or a related political party of the party; and in relation to a loan made by a person to another person— an amount of uncharged interest on the loan; or an amount forgiven on the loan; and the part of a fundraising contribution made by a person to another person that exceeds $200; and an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement.\n(sec.107-ssec.3) A gift does not include— the disposition of property under a will; or a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or the following amounts paid to a political party— an amount for a person’s subscription for membership of the party; an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; an amount that is a compulsory levy imposed on councillors by the party under its constitution; or an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or the provision of voluntary labour; or the incidental or ancillary use of— a volunteer’s vehicle or equipment; or a vehicle or equipment that is ordinarily available for the personal use of a volunteer.\n(sec.107-ssec.4) A reference in this part to a gift does not include a reference to a gift made by a person to an individual (the recipient ) if, when the gift is made— it is made in a private capacity for the recipient’s personal use; and the recipient does not intend to use the gift for an electoral purpose.\n(sec.107-ssec.5) However, if a gift, or part of a gift, mentioned in subsection (4) is used for an electoral purpose— the gift, or that part of the gift, is a gift for this part; and the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.\n(sec.107-ssec.6) If the recipient is a councillor, a reference in subsection (4) or (5) to using a gift for an electoral purpose includes using the gift directly or indirectly for the recipient’s duties as a councillor.\n(sec.107-ssec.7) In this section— uncharged interest , on a loan, means an amount that would have been payable on the loan if— for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or for a loan for which interest payable is waived—the interest payable had not been waived; or for a loan for which interest payments are not capitalised—the interest payments were capitalised.\n- (a) an amount of electoral expenditure a person gifted to a participant in an election; and Note— For when an amount of electoral expenditure incurred by a person is gifted to a participant in an election, see section 109C .\n- (b) an amount, other than the amount of a loan, paid to or for the benefit of, or an amount of electoral expenditure gifted to, a registered political party that endorses a candidate in an election by— (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or (ii) a related political party of the party; and\n- (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or\n- (ii) a related political party of the party; and\n- (c) in relation to a loan made by a person to another person— (i) an amount of uncharged interest on the loan; or (ii) an amount forgiven on the loan; and\n- (i) an amount of uncharged interest on the loan; or\n- (ii) an amount forgiven on the loan; and\n- (d) the part of a fundraising contribution made by a person to another person that exceeds $200; and\n- (e) an amount paid, or service provided, by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement.\n- (i) if the party is a part of another entity—a federal or interstate branch or division of the other entity; or\n- (ii) a related political party of the party; and\n- (i) an amount of uncharged interest on the loan; or\n- (ii) an amount forgiven on the loan; and\n- (a) the disposition of property under a will; or\n- (b) a fundraising contribution of $200 or less, or the first $200 of a fundraising contribution that exceeds $200; or\n- (c) the following amounts paid to a political party— (i) an amount for a person’s subscription for membership of the party; (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ; (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or\n- (i) an amount for a person’s subscription for membership of the party;\n- (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ;\n- (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or\n- (d) an amount transferred to an individual from funds the individual holds jointly with the individual’s spouse; or\n- (e) the provision of voluntary labour; or\n- (f) the incidental or ancillary use of— (i) a volunteer’s vehicle or equipment; or (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer.\n- (i) a volunteer’s vehicle or equipment; or\n- (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer.\n- (i) an amount for a person’s subscription for membership of the party;\n- (ii) an amount for a person’s affiliation with the party, other than an amount paid under a sponsorship arrangement mentioned in subsection (2) (e) ;\n- (iii) an amount that is a compulsory levy imposed on councillors by the party under its constitution; or\n- (i) a volunteer’s vehicle or equipment; or\n- (ii) a vehicle or equipment that is ordinarily available for the personal use of a volunteer.\n- (a) it is made in a private capacity for the recipient’s personal use; and\n- (b) the recipient does not intend to use the gift for an electoral purpose.\n- (a) the gift, or that part of the gift, is a gift for this part; and\n- (b) the recipient is taken to accept the gift, or that part of the gift, at the time it is used for an electoral purpose.\n- (a) for a loan made on terms requiring the payment of interest at less than the official cash rate plus 3% a year—the loan had been made on terms requiring the payment of interest at a rate that is at least at the official cash rate plus 3% a year; or\n- (b) for a loan for which interest payable is waived—the interest payable had not been waived; or\n- (c) for a loan for which interest payments are not capitalised—the interest payments were capitalised.","sortOrder":152},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Meaning of fundraising contribution","content":"### sec.107A Meaning of fundraising contribution\n\nA fundraising contribution is an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain a benefit from, a fundraising or other venture or function.\nWithout limiting subsection (1) , a fundraising contribution includes—\nan amount paid for a raffle ticket; and\nan amount paid for an item at a fundraising auction.\nAn amount mentioned in subsection (1) is a fundraising contribution whether or not the venture or function to which the payment relates raises funds for an entity.\nA fundraising contribution does not include an amount relating to the venture or function that is paid under a sponsorship arrangement.\ns 107A ins 2019 No. 30 s 223\namd 2023 No. 8 s 21\n(sec.107A-ssec.1) A fundraising contribution is an amount paid by a person as a contribution, entry fee or other payment to entitle the person or another person to participate in, or otherwise obtain a benefit from, a fundraising or other venture or function.\n(sec.107A-ssec.2) Without limiting subsection (1) , a fundraising contribution includes— an amount paid for a raffle ticket; and an amount paid for an item at a fundraising auction.\n(sec.107A-ssec.3) An amount mentioned in subsection (1) is a fundraising contribution whether or not the venture or function to which the payment relates raises funds for an entity.\n(sec.107A-ssec.4) A fundraising contribution does not include an amount relating to the venture or function that is paid under a sponsorship arrangement.\n- (a) an amount paid for a raffle ticket; and\n- (b) an amount paid for an item at a fundraising auction.","sortOrder":153},{"sectionNumber":"sec.107B","sectionType":"section","heading":"Meaning of sponsorship arrangement","content":"### sec.107B Meaning of sponsorship arrangement\n\nA sponsorship arrangement , between a person (the sponsor ) and a registered political party that endorses a candidate in an election, is an arrangement—\nthat establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or\nthat confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with—\nthe party; or\na fundraising or other venture or event; or\na program or event associated with a venture or event mentioned in subparagraph (ii) .\nIt does not matter whether or not the sponsor is entitled, under the arrangement—\nto be acknowledged as a sponsor; or\nto advertising or marketing rights; or\nto supply the sponsor’s goods or services; or\nto another benefit, including, for example, entry to a particular event or function.\ns 107B ins 2023 No. 8 s 22\n(sec.107B-ssec.1) A sponsorship arrangement , between a person (the sponsor ) and a registered political party that endorses a candidate in an election, is an arrangement— that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with— the party; or a fundraising or other venture or event; or a program or event associated with a venture or event mentioned in subparagraph (ii) .\n(sec.107B-ssec.2) It does not matter whether or not the sponsor is entitled, under the arrangement— to be acknowledged as a sponsor; or to advertising or marketing rights; or to supply the sponsor’s goods or services; or to another benefit, including, for example, entry to a particular event or function.\n- (a) that establishes a relationship of sponsorship, approval or association between the sponsor and the party, whether or not for commercial gain; or\n- (b) that confers a right on the sponsor to associate the sponsor, or the sponsor’s goods or services, with— (i) the party; or (ii) a fundraising or other venture or event; or (iii) a program or event associated with a venture or event mentioned in subparagraph (ii) .\n- (i) the party; or\n- (ii) a fundraising or other venture or event; or\n- (iii) a program or event associated with a venture or event mentioned in subparagraph (ii) .\n- (i) the party; or\n- (ii) a fundraising or other venture or event; or\n- (iii) a program or event associated with a venture or event mentioned in subparagraph (ii) .\n- (a) to be acknowledged as a sponsor; or\n- (b) to advertising or marketing rights; or\n- (c) to supply the sponsor’s goods or services; or\n- (d) to another benefit, including, for example, entry to a particular event or function.","sortOrder":154},{"sectionNumber":"sec.108","sectionType":"section","heading":"Meaning of value of gift","content":"### sec.108 Meaning of value of gift\n\nThe value of a gift is the amount stated in, or worked out under, this section.\nThe value of a gift of money is the amount of money given.\nThe value of a gift of property other than money is—\nthe market value of the property; or\nif a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.\nThe value of a gift of the provision of a service is—\nthe amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or\nif a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles.\nThe value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.\nThe value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.\nThe value of a gift provided by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement is worked out—\nas the amount paid, or value of the service provided, under the arrangement; and\nSee subsection (4) for working out the value of a service provided.\nregardless of the value of the goods, services or other benefits provided to the person under the arrangement.\nThe value of a gift of an amount of uncharged interest on a loan is the amount of interest that would have been payable on the loan if interest on the loan were calculated annually, as simple interest, and at the official cash rate for the day the loan was made plus 3% a year, less any amount of interest paid on the loan.\nThe value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not—\nthe loan is legally enforceable; and\nthe forgiveness of the amount is legally enforceable.\nIf consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7) , the value of the gift is reduced by the amount or value of the consideration given.\nIn this section—\nuncharged interest , on a loan, see section 107 (7) .\ns 108 amd 2019 No. 30 s 224\nsub 2023 No. 8 s 23\n(sec.108-ssec.1) The value of a gift is the amount stated in, or worked out under, this section.\n(sec.108-ssec.2) The value of a gift of money is the amount of money given.\n(sec.108-ssec.3) The value of a gift of property other than money is— the market value of the property; or if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.\n(sec.108-ssec.4) The value of a gift of the provision of a service is— the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or if a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles.\n(sec.108-ssec.5) The value of a gift of an amount of electoral expenditure incurred is the amount of the expenditure.\n(sec.108-ssec.6) The value of a gift that is a fundraising contribution is the gross amount of the contribution, regardless of the value of anything received in consideration for the contribution.\n(sec.108-ssec.7) The value of a gift provided by a person to a registered political party that endorses a candidate in an election under a sponsorship arrangement is worked out— as the amount paid, or value of the service provided, under the arrangement; and See subsection (4) for working out the value of a service provided. regardless of the value of the goods, services or other benefits provided to the person under the arrangement.\n(sec.108-ssec.8) The value of a gift of an amount of uncharged interest on a loan is the amount of interest that would have been payable on the loan if interest on the loan were calculated annually, as simple interest, and at the official cash rate for the day the loan was made plus 3% a year, less any amount of interest paid on the loan.\n(sec.108-ssec.9) The value of a gift of an amount forgiven on a loan is the total amount the debtor is no longer required to pay under the loan because the amount has been forgiven, including, for example, amounts of principal, interest, fees or other charges, whether or not— the loan is legally enforceable; and the forgiveness of the amount is legally enforceable.\n(sec.108-ssec.10) If consideration is given for a gift made, other than a gift mentioned in subsection (6) or (7) , the value of the gift is reduced by the amount or value of the consideration given.\n(sec.108-ssec.11) In this section— uncharged interest , on a loan, see section 107 (7) .\n- (a) the market value of the property; or\n- (b) if a regulation prescribes principles under which the value of the property is to be decided—the value decided under the principles.\n- (a) the amount that would reasonably be charged for providing the service if the service were provided on a commercial basis; or\n- (b) if a regulation prescribes principles under which the amount that would reasonably be charged for providing the service is to be decided—the amount decided under the principles.\n- (a) as the amount paid, or value of the service provided, under the arrangement; and Note— See subsection (4) for working out the value of a service provided.\n- (b) regardless of the value of the goods, services or other benefits provided to the person under the arrangement.\n- (a) the loan is legally enforceable; and\n- (b) the forgiveness of the amount is legally enforceable.","sortOrder":155},{"sectionNumber":"sec.109","sectionType":"section","heading":"Meaning of relevant details for a gift or loan","content":"### sec.109 Meaning of relevant details for a gift or loan\n\nAll of the following are relevant details for a gift or loan—\nthe value of the gift or loan;\nwhen the gift or loan was made;\nfor a loan—the terms of the loan;\nif the person making the gift or loan has an interest in a local government matter that is greater than that of other persons in the local government area—\nthat fact; and\nthe nature of the person’s interest;\nfor a gift or loan made by an individual—\nthe individual’s name and residential or business address; and\nthe individual’s occupation; and\nif the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;\nfor a gift or loan made by a corporation—\nthe corporation’s name; and\nthe names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and\nif the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and\na description of the type of business the corporation carries on;\nfor a gift or loan made on behalf of the members of an unincorporated association—\nthe association’s name; and\nunless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;\nfor a gift or loan made out of a trust fund or out of the funds of a foundation—\nthe names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\nthe name or other description of the trust fund or foundation; and\nif the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;\nfor a gift or loan not mentioned in paragraph (e) , (f) , (g) or (h) —the name and residential or business address of the person who made the gift or loan.\nIf a gift or loan is made by an entity that is not the source of the gift or loan, the relevant details for the gift or loan include—\nthat fact; and\nthe details mentioned in subsection (1) (d) to (i) for the entity that is the source of the gift or loan.\nIn this section—\nholding company , of a corporation, see the Corporations Act , section 9 .\nlocal government matter , in relation to a local government, means—\na transaction, contract or other arrangement entered into by the local government; or\nanother matter to be decided or otherwise dealt with by the local government.\ns 109 sub 2019 No. 30 s 225\n(sec.109-ssec.1) All of the following are relevant details for a gift or loan— the value of the gift or loan; when the gift or loan was made; for a loan—the terms of the loan; if the person making the gift or loan has an interest in a local government matter that is greater than that of other persons in the local government area— that fact; and the nature of the person’s interest; for a gift or loan made by an individual— the individual’s name and residential or business address; and the individual’s occupation; and if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged; for a gift or loan made by a corporation— the corporation’s name; and the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and a description of the type of business the corporation carries on; for a gift or loan made on behalf of the members of an unincorporated association— the association’s name; and unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association; for a gift or loan made out of a trust fund or out of the funds of a foundation— the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and the name or other description of the trust fund or foundation; and if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person; for a gift or loan not mentioned in paragraph (e) , (f) , (g) or (h) —the name and residential or business address of the person who made the gift or loan.\n(sec.109-ssec.2) If a gift or loan is made by an entity that is not the source of the gift or loan, the relevant details for the gift or loan include— that fact; and the details mentioned in subsection (1) (d) to (i) for the entity that is the source of the gift or loan.\n(sec.109-ssec.3) In this section— holding company , of a corporation, see the Corporations Act , section 9 . local government matter , in relation to a local government, means— a transaction, contract or other arrangement entered into by the local government; or another matter to be decided or otherwise dealt with by the local government.\n- (a) the value of the gift or loan;\n- (b) when the gift or loan was made;\n- (c) for a loan—the terms of the loan;\n- (d) if the person making the gift or loan has an interest in a local government matter that is greater than that of other persons in the local government area— (i) that fact; and (ii) the nature of the person’s interest;\n- (i) that fact; and\n- (ii) the nature of the person’s interest;\n- (e) for a gift or loan made by an individual— (i) the individual’s name and residential or business address; and (ii) the individual’s occupation; and (iii) if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;\n- (i) the individual’s name and residential or business address; and\n- (ii) the individual’s occupation; and\n- (iii) if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;\n- (f) for a gift or loan made by a corporation— (i) the corporation’s name; and (ii) the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and (iii) if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and (iv) a description of the type of business the corporation carries on;\n- (i) the corporation’s name; and\n- (ii) the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and\n- (iii) if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and\n- (iv) a description of the type of business the corporation carries on;\n- (g) for a gift or loan made on behalf of the members of an unincorporated association— (i) the association’s name; and (ii) unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;\n- (i) the association’s name; and\n- (ii) unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;\n- (h) for a gift or loan made out of a trust fund or out of the funds of a foundation— (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and (ii) the name or other description of the trust fund or foundation; and (iii) if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;\n- (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\n- (ii) the name or other description of the trust fund or foundation; and\n- (iii) if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;\n- (i) for a gift or loan not mentioned in paragraph (e) , (f) , (g) or (h) —the name and residential or business address of the person who made the gift or loan.\n- (i) that fact; and\n- (ii) the nature of the person’s interest;\n- (i) the individual’s name and residential or business address; and\n- (ii) the individual’s occupation; and\n- (iii) if the individual is employed, carries on a business or is otherwise engaged in an industry—the industry in which the individual is employed, carries on a business or is otherwise engaged;\n- (i) the corporation’s name; and\n- (ii) the names and residential or business addresses of the directors or members of the executive committee (however described) of the corporation; and\n- (iii) if the corporation has a holding company—the names and residential or business addresses of the directors or members of the executive committee (however described) of the holding company; and\n- (iv) a description of the type of business the corporation carries on;\n- (i) the association’s name; and\n- (ii) unless the organisation is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee (however described) of the association;\n- (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\n- (ii) the name or other description of the trust fund or foundation; and\n- (iii) if the gift is given, or loan is made, out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the giver of the gift or lender—the name and residential or business address of the person;\n- (a) that fact; and\n- (b) the details mentioned in subsection (1) (d) to (i) for the entity that is the source of the gift or loan.\n- (a) a transaction, contract or other arrangement entered into by the local government; or\n- (b) another matter to be decided or otherwise dealt with by the local government.","sortOrder":156},{"sectionNumber":"sec.109A","sectionType":"section","heading":"Meaning of electoral expenditure","content":"### sec.109A Meaning of electoral expenditure\n\nElectoral expenditure is expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.\nFor subsection (1) , the kind of expenditure is—\nexpenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example—\nan advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and\nmaterial for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and\nmaterial for distribution in letters; or\nexpenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or\nexpenditure for carrying out an opinion poll or research; or\nexpenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or\nexpenditure of another kind prescribed by regulation to be a kind of electoral expenditure.\nFor subsection (2) (a) and (b) , it does not matter whether section 177 applies to the material.\nHowever, electoral expenditure does not include—\nexpenditure incurred substantially for or related to the election of—\nmembers of the Parliament of the State or another State or the Commonwealth; or\ncouncillors (however described) of a local government of another State; or\nexpenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party—\nfor an organisational purpose; or\nto select a candidate to nominate for election; or\nexpenditure on employing staff for a campaign purpose; or\nexpenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.\nExpenditure incurred by a third party for an election is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.\nHowever, expenditure incurred by a third party for an election is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose.\nto educate or raise awareness about an issue of public policy\nAlso, electoral expenditure incurred by or for a councillor of a local government does not include expenditure of a kind for which the councillor is entitled to receive an allowance or entitlement.\nAn amount of electoral expenditure is inclusive of GST.\nIn this section—\nallowance or entitlement , for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy.\nexpenses reimbursement policy , in relation to a local government, means a policy—\nthat the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and\nabout the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.\ns 109A ins 2023 No. 8 s 24\n(sec.109A-ssec.1) Electoral expenditure is expenditure of a kind mentioned in subsection (2) incurred for a campaign purpose.\n(sec.109A-ssec.2) For subsection (1) , the kind of expenditure is— expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example— an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and material for distribution in letters; or expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or expenditure for carrying out an opinion poll or research; or expenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.\n(sec.109A-ssec.3) For subsection (2) (a) and (b) , it does not matter whether section 177 applies to the material.\n(sec.109A-ssec.4) However, electoral expenditure does not include— expenditure incurred substantially for or related to the election of— members of the Parliament of the State or another State or the Commonwealth; or councillors (however described) of a local government of another State; or expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party— for an organisational purpose; or to select a candidate to nominate for election; or expenditure on employing staff for a campaign purpose; or expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.\n(sec.109A-ssec.5) Expenditure incurred by a third party for an election is electoral expenditure if the dominant purpose for which the expenditure is incurred is a campaign purpose.\n(sec.109A-ssec.6) However, expenditure incurred by a third party for an election is not electoral expenditure if the dominant purpose for which the expenditure is incurred is another purpose, even if the expenditure is also incurred for, or achieves, a campaign purpose. to educate or raise awareness about an issue of public policy\n(sec.109A-ssec.7) Also, electoral expenditure incurred by or for a councillor of a local government does not include expenditure of a kind for which the councillor is entitled to receive an allowance or entitlement.\n(sec.109A-ssec.8) An amount of electoral expenditure is inclusive of GST.\n(sec.109A-ssec.9) In this section— allowance or entitlement , for a councillor of a local government, means an allowance or entitlement the councillor is entitled to under the local government’s expenses reimbursement policy. expenses reimbursement policy , in relation to a local government, means a policy— that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.\n- (a) expenditure for designing, producing, printing, broadcasting or publishing material for an election, including, for example— (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and (iii) material for distribution in letters; or\n- (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and\n- (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and\n- (iii) material for distribution in letters; or\n- (b) expenditure for the cost of distributing material for an election, including, for example, the cost of postage, sending SMS messages or couriers; or\n- (c) expenditure for carrying out an opinion poll or research; or\n- (d) expenditure for contracted services related to an activity mentioned in paragraph (a) , (b) or (c) , including, for example, fees for consultants or the provision of data; or\n- (e) expenditure of another kind prescribed by regulation to be a kind of electoral expenditure.\n- (i) an advertisement for broadcast on radio or television, at a cinema, or using the internet, email or SMS; and\n- (ii) material for publication in newspapers or magazines, on billboards, or as brochures, flyers, signs, how-to-vote cards or information sheets; and\n- (iii) material for distribution in letters; or\n- (a) expenditure incurred substantially for or related to the election of— (i) members of the Parliament of the State or another State or the Commonwealth; or (ii) councillors (however described) of a local government of another State; or\n- (i) members of the Parliament of the State or another State or the Commonwealth; or\n- (ii) councillors (however described) of a local government of another State; or\n- (b) expenditure on factual advertising about a matter that relates mainly to the administration of a registered political party that endorses a candidate in an election, including, for example, a meeting of a branch, division or committee of the party— (i) for an organisational purpose; or (ii) to select a candidate to nominate for election; or\n- (i) for an organisational purpose; or\n- (ii) to select a candidate to nominate for election; or\n- (c) expenditure on employing staff for a campaign purpose; or\n- (d) expenditure of a kind prescribed by regulation not to be a kind of electoral expenditure.\n- (i) members of the Parliament of the State or another State or the Commonwealth; or\n- (ii) councillors (however described) of a local government of another State; or\n- (i) for an organisational purpose; or\n- (ii) to select a candidate to nominate for election; or\n- (a) that the local government is required to adopt under the Local Government Act 2009 or the City of Brisbane Act 2010 ; and\n- (b) about the payment of expenses incurred or to be incurred by, and the provision of facilities to, councillors of the local government relating to the discharge of their duties and responsibilities as councillors.","sortOrder":157},{"sectionNumber":"sec.109B","sectionType":"section","heading":"Meaning of campaign purpose","content":"### sec.109B Meaning of campaign purpose\n\nExpenditure is incurred for a campaign purpose if the expenditure is incurred—\nto promote or oppose a political party or group of candidates in relation to an election; or\nto promote or oppose the election of a candidate; or\nto otherwise influence voting at an election.\nWithout limiting subsection (1) , expenditure is incurred for a purpose mentioned in subsection (1) (a) , (b) or (c) if material produced as a result of the expenditure does any of the following in relation to an election—\nexpressly promotes or opposes—\npolitical parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or\npolitical parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or\ncandidates who express a particular opinion;\nexpressly or impliedly comments—\nabout a political party, a candidate in the election or a group of candidates for the election; or\nin relation to a local government’s area or a division of a local government’s area;\nexpresses a particular position on a policy, issue or opinion—\nif the position is publicly associated with a political party, candidate or group of candidates; and\nwhether or not, in expressing the position, the party, candidate or group is mentioned.\ns 109B ins 2023 No. 8 s 24\n(sec.109B-ssec.1) Expenditure is incurred for a campaign purpose if the expenditure is incurred— to promote or oppose a political party or group of candidates in relation to an election; or to promote or oppose the election of a candidate; or to otherwise influence voting at an election.\n(sec.109B-ssec.2) Without limiting subsection (1) , expenditure is incurred for a purpose mentioned in subsection (1) (a) , (b) or (c) if material produced as a result of the expenditure does any of the following in relation to an election— expressly promotes or opposes— political parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or political parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or candidates who express a particular opinion; expressly or impliedly comments— about a political party, a candidate in the election or a group of candidates for the election; or in relation to a local government’s area or a division of a local government’s area; expresses a particular position on a policy, issue or opinion— if the position is publicly associated with a political party, candidate or group of candidates; and whether or not, in expressing the position, the party, candidate or group is mentioned.\n- (a) to promote or oppose a political party or group of candidates in relation to an election; or\n- (b) to promote or oppose the election of a candidate; or\n- (c) to otherwise influence voting at an election.\n- (a) expressly promotes or opposes— (i) political parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or (ii) political parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or (iii) candidates who express a particular opinion;\n- (i) political parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or\n- (ii) political parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or\n- (iii) candidates who express a particular opinion;\n- (b) expressly or impliedly comments— (i) about a political party, a candidate in the election or a group of candidates for the election; or (ii) in relation to a local government’s area or a division of a local government’s area;\n- (i) about a political party, a candidate in the election or a group of candidates for the election; or\n- (ii) in relation to a local government’s area or a division of a local government’s area;\n- (c) expresses a particular position on a policy, issue or opinion— (i) if the position is publicly associated with a political party, candidate or group of candidates; and (ii) whether or not, in expressing the position, the party, candidate or group is mentioned.\n- (i) if the position is publicly associated with a political party, candidate or group of candidates; and\n- (ii) whether or not, in expressing the position, the party, candidate or group is mentioned.\n- (i) political parties, candidates or groups of candidates who advocate, or do not advocate, a particular policy or issue; or\n- (ii) political parties, candidates or groups of candidates who have, or do not have, a particular position on a policy or issue; or\n- (iii) candidates who express a particular opinion;\n- (i) about a political party, a candidate in the election or a group of candidates for the election; or\n- (ii) in relation to a local government’s area or a division of a local government’s area;\n- (i) if the position is publicly associated with a political party, candidate or group of candidates; and\n- (ii) whether or not, in expressing the position, the party, candidate or group is mentioned.","sortOrder":158},{"sectionNumber":"sec.109C","sectionType":"section","heading":"Meaning of gifted for electoral expenditure","content":"### sec.109C Meaning of gifted for electoral expenditure\n\nAn amount of electoral expenditure incurred by a person is gifted to a participant in an election if—\nthe expenditure benefits the participant; and\nany of the following applies—\nthe expenditure is incurred with the authority or consent of the participant;\nrelevant material resulting from the expenditure is accepted by the participant;\nanother circumstance prescribed by regulation happens in relation to the expenditure; and\nthe person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen—\nreceive consideration, or adequate consideration, from the participant incurring the expenditure; or\ninvoice the participant for payment of the amount.\nIf an amount of electoral expenditure mentioned in subsection (1) (the total amount ) is incurred under an arrangement between 2 or more participants in the election, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.\nA gift of electoral expenditure is made when subsection (1) applies to the expenditure, regardless of when the expenditure is incurred.\nSee also section 109E for when electoral expenditure is incurred generally.\nSee also section 123U in relation to electoral expenditure incurred by a participant in an election that benefits another participant in the election.\ns 109C ins 2023 No. 8 s 24\n(sec.109C-ssec.1) An amount of electoral expenditure incurred by a person is gifted to a participant in an election if— the expenditure benefits the participant; and any of the following applies— the expenditure is incurred with the authority or consent of the participant; relevant material resulting from the expenditure is accepted by the participant; another circumstance prescribed by regulation happens in relation to the expenditure; and the person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen— receive consideration, or adequate consideration, from the participant incurring the expenditure; or invoice the participant for payment of the amount.\n(sec.109C-ssec.2) If an amount of electoral expenditure mentioned in subsection (1) (the total amount ) is incurred under an arrangement between 2 or more participants in the election, the amount gifted to any 1 of the participants is the amount equal to the total amount divided by the number of participants who are parties to the arrangement.\n(sec.109C-ssec.3) A gift of electoral expenditure is made when subsection (1) applies to the expenditure, regardless of when the expenditure is incurred. See also section 109E for when electoral expenditure is incurred generally. See also section 123U in relation to electoral expenditure incurred by a participant in an election that benefits another participant in the election.\n- (a) the expenditure benefits the participant; and\n- (b) any of the following applies— (i) the expenditure is incurred with the authority or consent of the participant; (ii) relevant material resulting from the expenditure is accepted by the participant; (iii) another circumstance prescribed by regulation happens in relation to the expenditure; and\n- (i) the expenditure is incurred with the authority or consent of the participant;\n- (ii) relevant material resulting from the expenditure is accepted by the participant;\n- (iii) another circumstance prescribed by regulation happens in relation to the expenditure; and\n- (c) the person does not, within 7 days after the circumstances mentioned in paragraphs (a) and (b) happen— (i) receive consideration, or adequate consideration, from the participant incurring the expenditure; or (ii) invoice the participant for payment of the amount.\n- (i) receive consideration, or adequate consideration, from the participant incurring the expenditure; or\n- (ii) invoice the participant for payment of the amount.\n- (i) the expenditure is incurred with the authority or consent of the participant;\n- (ii) relevant material resulting from the expenditure is accepted by the participant;\n- (iii) another circumstance prescribed by regulation happens in relation to the expenditure; and\n- (i) receive consideration, or adequate consideration, from the participant incurring the expenditure; or\n- (ii) invoice the participant for payment of the amount.\n- 1 See also section 109E for when electoral expenditure is incurred generally.\n- 2 See also section 123U in relation to electoral expenditure incurred by a participant in an election that benefits another participant in the election.","sortOrder":159},{"sectionNumber":"sec.109D","sectionType":"section","heading":"Participant taken to have incurred gifted electoral expenditure","content":"### sec.109D Participant taken to have incurred gifted electoral expenditure\n\nIf electoral expenditure incurred by a person is gifted to a participant in an election, the participant is taken to have incurred the electoral expenditure.\nSection 109E applies for determining when gifted electoral expenditure is incurred.\ns 109D ins 2023 No. 8 s 24\n(sec.109D-ssec.1) If electoral expenditure incurred by a person is gifted to a participant in an election, the participant is taken to have incurred the electoral expenditure.\n(sec.109D-ssec.2) Section 109E applies for determining when gifted electoral expenditure is incurred.","sortOrder":160},{"sectionNumber":"sec.109E","sectionType":"section","heading":"When electoral expenditure is incurred generally","content":"### sec.109E When electoral expenditure is incurred generally\n\nFor this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are supplied or provided, regardless of when the amount of the expenditure is invoiced or paid.\nWithout limiting subsection (1) —\nexpenditure on advertising is incurred when the advertisement is first broadcast or published; and\nexpenditure on the production and distribution of relevant material is incurred when the material is first distributed; and\nexpenditure of another kind is incurred at the time prescribed by regulation.\nSubsection (4) applies if—\nelectoral expenditure is incurred to obtain goods; and\nthe goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and\nthe goods are supplied before the capped expenditure period for an election starts.\nDespite subsection (1) , the electoral expenditure is taken to have been incurred when the goods are first used for a campaign purpose during the capped expenditure period for an election, regardless of when the amount of the expenditure is invoiced or paid.\nFor this section, the electoral expenditure incurred to obtain goods includes electoral expenditure incurred to design, produce, print or distribute the goods.\ns 109E ins 2023 No. 8 s 24\n(sec.109E-ssec.1) For this part, electoral expenditure is incurred when the goods or services for which the expenditure is incurred are supplied or provided, regardless of when the amount of the expenditure is invoiced or paid.\n(sec.109E-ssec.2) Without limiting subsection (1) — expenditure on advertising is incurred when the advertisement is first broadcast or published; and expenditure on the production and distribution of relevant material is incurred when the material is first distributed; and expenditure of another kind is incurred at the time prescribed by regulation.\n(sec.109E-ssec.3) Subsection (4) applies if— electoral expenditure is incurred to obtain goods; and the goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and the goods are supplied before the capped expenditure period for an election starts.\n(sec.109E-ssec.4) Despite subsection (1) , the electoral expenditure is taken to have been incurred when the goods are first used for a campaign purpose during the capped expenditure period for an election, regardless of when the amount of the expenditure is invoiced or paid.\n(sec.109E-ssec.5) For this section, the electoral expenditure incurred to obtain goods includes electoral expenditure incurred to design, produce, print or distribute the goods.\n- (a) expenditure on advertising is incurred when the advertisement is first broadcast or published; and\n- (b) expenditure on the production and distribution of relevant material is incurred when the material is first distributed; and\n- (c) expenditure of another kind is incurred at the time prescribed by regulation.\n- (a) electoral expenditure is incurred to obtain goods; and\n- (b) the goods are obtained for the dominant purpose of being used for a campaign purpose in relation to 1 or more elections; and\n- (c) the goods are supplied before the capped expenditure period for an election starts.","sortOrder":161},{"sectionNumber":"sec.109F","sectionType":"section","heading":"When electoral expenditure is incurred for particular purposes","content":"### sec.109F When electoral expenditure is incurred for particular purposes\n\nThis section applies in relation to incurring electoral expenditure for the purpose of working out when—\na person becomes a candidate in an election; or\na registered political party has endorsed a candidate in an election; or\nanother entity becomes a participant in an election; or\na disclosure period under section 106A starts.\nDespite section 109E , the electoral expenditure is taken to be incurred when a transaction to incur the expenditure is entered into, regardless of when—\nthe amount of the expenditure is invoiced or paid; or\nthe obligation to pay for the expenditure arises; or\nthe goods or services for which the expenditure is incurred are supplied or provided.\nHowever, this section does not affect the operation of section 109E in relation to the electoral expenditure for any other purpose under this part.\ns 109F ins 2023 No. 8 s 24\n(sec.109F-ssec.1) This section applies in relation to incurring electoral expenditure for the purpose of working out when— a person becomes a candidate in an election; or a registered political party has endorsed a candidate in an election; or another entity becomes a participant in an election; or a disclosure period under section 106A starts.\n(sec.109F-ssec.2) Despite section 109E , the electoral expenditure is taken to be incurred when a transaction to incur the expenditure is entered into, regardless of when— the amount of the expenditure is invoiced or paid; or the obligation to pay for the expenditure arises; or the goods or services for which the expenditure is incurred are supplied or provided.\n(sec.109F-ssec.3) However, this section does not affect the operation of section 109E in relation to the electoral expenditure for any other purpose under this part.\n- (a) a person becomes a candidate in an election; or\n- (b) a registered political party has endorsed a candidate in an election; or\n- (c) another entity becomes a participant in an election; or\n- (d) a disclosure period under section 106A starts.\n- (a) the amount of the expenditure is invoiced or paid; or\n- (b) the obligation to pay for the expenditure arises; or\n- (c) the goods or services for which the expenditure is incurred are supplied or provided.","sortOrder":162},{"sectionNumber":"sec.109G","sectionType":"section","heading":"When candidate is endorsed by registered political party","content":"### sec.109G When candidate is endorsed by registered political party\n\nFor this part, a candidate is endorsed by a registered political party for an election if—\nany of the following has happened—\nthe party has publicly announced the party’s intention to endorse the candidate in the election;\nthe party has started to incur electoral expenditure for the benefit of the candidate for the election;\nthe party has otherwise endorsed the candidate in the election under the party’s constitution; and\nthe registered officer of the party has not given notice under section 31 or 135A of the withdrawal of the endorsement.\ns 109G ins 2023 No. 8 s 24\n- (a) any of the following has happened— (i) the party has publicly announced the party’s intention to endorse the candidate in the election; (ii) the party has started to incur electoral expenditure for the benefit of the candidate for the election; (iii) the party has otherwise endorsed the candidate in the election under the party’s constitution; and\n- (i) the party has publicly announced the party’s intention to endorse the candidate in the election;\n- (ii) the party has started to incur electoral expenditure for the benefit of the candidate for the election;\n- (iii) the party has otherwise endorsed the candidate in the election under the party’s constitution; and\n- (b) the registered officer of the party has not given notice under section 31 or 135A of the withdrawal of the endorsement.\n- (i) the party has publicly announced the party’s intention to endorse the candidate in the election;\n- (ii) the party has started to incur electoral expenditure for the benefit of the candidate for the election;\n- (iii) the party has otherwise endorsed the candidate in the election under the party’s constitution; and","sortOrder":163},{"sectionNumber":"sec.110","sectionType":"section","heading":"References to candidates","content":"### sec.110 References to candidates\n\nA person who is a candidate in an election is taken, for this part, to remain a candidate for the entire period of the candidate’s disclosure period for the election.","sortOrder":164},{"sectionNumber":"sec.111","sectionType":"section","heading":"Persons acting on behalf of candidates and groups of candidates","content":"### sec.111 Persons acting on behalf of candidates and groups of candidates\n\nA person acting on behalf of a candidate includes a committee formed to help the candidate’s election campaign in an election but does not include a committee that is recognised by a political party as forming part of the political party.\nA person acting on behalf of a group of candidates includes a committee formed to help the election campaign of members of the group in an election.\ns 111 amd 2023 No. 8 s 25\n(sec.111-ssec.1) A person acting on behalf of a candidate includes a committee formed to help the candidate’s election campaign in an election but does not include a committee that is recognised by a political party as forming part of the political party.\n(sec.111-ssec.2) A person acting on behalf of a group of candidates includes a committee formed to help the election campaign of members of the group in an election.","sortOrder":165},{"sectionNumber":"sec.112","sectionType":"section","heading":"Related corporations","content":"### sec.112 Related corporations\n\nFor this part—\ncorporations that are related to each other are taken to be the same person; and\nthe question whether a corporation is related to another corporation must be decided in the same way as the question whether a corporation is related to another corporation is decided under the Corporations Act .\ns 112 sub 2023 No. 8 s 26\n- (a) corporations that are related to each other are taken to be the same person; and\n- (b) the question whether a corporation is related to another corporation must be decided in the same way as the question whether a corporation is related to another corporation is decided under the Corporations Act .","sortOrder":166},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Related political parties","content":"### sec.112A Related political parties\n\nFor this part, 2 political parties are related political parties if—\n1 is a part of the other; or\nboth are parts of the same political party.\ns 112A ins 2019 No. 30 s 226\nsub 2023 No. 8 s 26\n- (a) 1 is a part of the other; or\n- (b) both are parts of the same political party.","sortOrder":167},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Application to unincorporated bodies","content":"### sec.112B Application to unincorporated bodies\n\nThis section applies in relation to any of the following entities that are unincorporated bodies—\na registered political party;\na third party;\nan associated entity of—\na registered political party that endorses a candidate in an election; or\na candidate in an election; or\na group of candidates for an election.\nThis part, and part 9 , division 5 , apply in relation to the unincorporated body as if it were a person.\nAn obligation or liability that, apart from this subsection, would be imposed under this part or part 9 , division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee.\nAn amount that, apart from this subsection, would be payable under this part or part 9 , division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body.\nAn offence against a provision of this part or part 9 , division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who—\nauthorised or permitted the conduct that would have constituted the offence; or\nwas, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.\nMaximum penalty—the penalty for a contravention of the provision by an individual.\nThis section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9 , division 5 .\nA reference in this part to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting—\non behalf of the unincorporated body; and\nunder the body’s actual or apparent authority.\nAlso, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body.\ns 112B ins 2020 No. 20 s 131\nsub 2023 No. 8 s 26\n(sec.112B-ssec.1) This section applies in relation to any of the following entities that are unincorporated bodies— a registered political party; a third party; an associated entity of— a registered political party that endorses a candidate in an election; or a candidate in an election; or a group of candidates for an election.\n(sec.112B-ssec.2) This part, and part 9 , division 5 , apply in relation to the unincorporated body as if it were a person.\n(sec.112B-ssec.3) An obligation or liability that, apart from this subsection, would be imposed under this part or part 9 , division 5 on the unincorporated body, is imposed on each member of the executive committee (however described) of the body, but may be discharged by any of the members of the executive committee.\n(sec.112B-ssec.4) An amount that, apart from this subsection, would be payable under this part or part 9 , division 5 by the unincorporated body is jointly and severally payable by the members of the executive committee (however described) of the body.\n(sec.112B-ssec.5) An offence against a provision of this part or part 9 , division 5 that, apart from this subsection, would be committed by the unincorporated body is taken to have been committed by each member of the executive committee (however described) of the body who— authorised or permitted the conduct that would have constituted the offence; or was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence. Maximum penalty—the penalty for a contravention of the provision by an individual.\n(sec.112B-ssec.6) This section does not affect the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is a member of the executive committee (however described) of the unincorporated body, for an offence against this part or part 9 , division 5 .\n(sec.112B-ssec.7) A reference in this part to a gift or loan made, expenditure incurred or something else done by a person includes a reference to a gift or loan made, expenditure incurred or other thing done by a person acting— on behalf of the unincorporated body; and under the body’s actual or apparent authority.\n(sec.112B-ssec.8) Also, a reference in this part to a gift or loan made to a person includes a reference to the gift or loan being made for the benefit of the members of the unincorporated body.\n- (a) a registered political party;\n- (b) a third party;\n- (c) an associated entity of— (i) a registered political party that endorses a candidate in an election; or (ii) a candidate in an election; or (iii) a group of candidates for an election.\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election.\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election.\n- (a) authorised or permitted the conduct that would have constituted the offence; or\n- (b) was, directly or indirectly, knowingly concerned in the conduct that would have constituted the offence.\n- (a) on behalf of the unincorporated body; and\n- (b) under the body’s actual or apparent authority.","sortOrder":168},{"sectionNumber":"sec.112C","sectionType":"section","heading":"Associated entity to be treated as part of registered political party","content":"### sec.112C Associated entity to be treated as part of registered political party\n\nIf a registered political party that endorses a candidate in an election has an associated entity, divisions 4 and 5 apply as if—\nthe party and the associated entity together constituted the party; and\na reference to the party included a reference to the associated entity; and\nthe dedicated account of the party were the dedicated account of the associated entity; and\nelectoral expenditure incurred by or for the associated entity were incurred by or for the party.\nSee also sections 118AA , 120A , 124 and 125A about disclosure obligations imposed on the associated entity.\nAn entity is an associated entity of a registered political party that endorses a candidate in an election if the entity—\nis controlled by the party or endorsed candidates of the party; or\noperates wholly, or to a significant extent, for the benefit of the party or endorsed candidates of the party; or\noperates for the dominant purpose of—\npromoting the party in elections; or\npromoting endorsed candidates of the party in an election.\nHowever, an associated entity of a registered political party that endorses a candidate in an election does not include—\na candidate endorsed by the party for the election; or\nanother political party that is a related political party of the party; or\nif the party is part of another entity—a federal or interstate branch or division of the other entity.\nIn this section—\nendorsed candidates , of a registered political party that endorses a candidate in an election, means 2 or more candidates endorsed by the party for the election.\ns 112C ins 2023 No. 8 s 26\n(sec.112C-ssec.1) If a registered political party that endorses a candidate in an election has an associated entity, divisions 4 and 5 apply as if— the party and the associated entity together constituted the party; and a reference to the party included a reference to the associated entity; and the dedicated account of the party were the dedicated account of the associated entity; and electoral expenditure incurred by or for the associated entity were incurred by or for the party. See also sections 118AA , 120A , 124 and 125A about disclosure obligations imposed on the associated entity.\n(sec.112C-ssec.2) An entity is an associated entity of a registered political party that endorses a candidate in an election if the entity— is controlled by the party or endorsed candidates of the party; or operates wholly, or to a significant extent, for the benefit of the party or endorsed candidates of the party; or operates for the dominant purpose of— promoting the party in elections; or promoting endorsed candidates of the party in an election.\n(sec.112C-ssec.3) However, an associated entity of a registered political party that endorses a candidate in an election does not include— a candidate endorsed by the party for the election; or another political party that is a related political party of the party; or if the party is part of another entity—a federal or interstate branch or division of the other entity.\n(sec.112C-ssec.4) In this section— endorsed candidates , of a registered political party that endorses a candidate in an election, means 2 or more candidates endorsed by the party for the election.\n- (a) the party and the associated entity together constituted the party; and\n- (b) a reference to the party included a reference to the associated entity; and\n- (c) the dedicated account of the party were the dedicated account of the associated entity; and\n- (d) electoral expenditure incurred by or for the associated entity were incurred by or for the party.\n- (a) is controlled by the party or endorsed candidates of the party; or\n- (b) operates wholly, or to a significant extent, for the benefit of the party or endorsed candidates of the party; or\n- (c) operates for the dominant purpose of— (i) promoting the party in elections; or (ii) promoting endorsed candidates of the party in an election.\n- (i) promoting the party in elections; or\n- (ii) promoting endorsed candidates of the party in an election.\n- (i) promoting the party in elections; or\n- (ii) promoting endorsed candidates of the party in an election.\n- (a) a candidate endorsed by the party for the election; or\n- (b) another political party that is a related political party of the party; or\n- (c) if the party is part of another entity—a federal or interstate branch or division of the other entity.","sortOrder":169},{"sectionNumber":"sec.112D","sectionType":"section","heading":"Associated entity to be treated as part of candidate","content":"### sec.112D Associated entity to be treated as part of candidate\n\nIf a candidate in an election has an associated entity, divisions 4 and 5 apply as if—\nthe associated entity and the candidate together constituted the candidate; and\na reference to the candidate included a reference to the associated entity; and\na gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and\nthe dedicated account of the candidate were the dedicated account of the associated entity; and\nelectoral expenditure incurred by or for the associated entity were incurred by or for the candidate.\nSee also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.\nAn entity is an associated entity of a candidate in an election if the entity—\nis controlled by the candidate in relation to the election; or\noperates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or\noperates for the dominant purpose of promoting the candidate in the election.\nHowever, an associated entity of a candidate in an election does not include an entity if—\nthe entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity—\nis controlled by endorsed candidates of the party; or\noperates wholly or to a significant extent for the benefit of endorsed candidates of the party; or\noperates for the dominant purpose of promoting endorsed candidates of the party; and\nthe candidate is 1 of the candidates endorsed by the party for the election.\nAlso, an associated entity of a candidate in an election does not include an entity if—\nthe entity is an associated entity of a group of candidates under section 112E because the entity—\nis controlled by the group; or\noperates wholly or to a significant extent for the benefit of the group; or\noperates for the dominant purpose of promoting the group; and\nthe candidate is a member of the group.\nFurther, an associated entity of a candidate in an election does not include—\nfor a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or\nfor a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or\na committee formed to help the candidate’s election campaign in the election.\nIn this section—\nendorsed candidates , of a registered political party that endorses a candidate in an election, see section 112C (4) .\ns 112D ins 2023 No. 8 s 26\n(sec.112D-ssec.1) If a candidate in an election has an associated entity, divisions 4 and 5 apply as if— the associated entity and the candidate together constituted the candidate; and a reference to the candidate included a reference to the associated entity; and a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and the dedicated account of the candidate were the dedicated account of the associated entity; and electoral expenditure incurred by or for the associated entity were incurred by or for the candidate. See also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.\n(sec.112D-ssec.2) An entity is an associated entity of a candidate in an election if the entity— is controlled by the candidate in relation to the election; or operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or operates for the dominant purpose of promoting the candidate in the election.\n(sec.112D-ssec.3) However, an associated entity of a candidate in an election does not include an entity if— the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity— is controlled by endorsed candidates of the party; or operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or operates for the dominant purpose of promoting endorsed candidates of the party; and the candidate is 1 of the candidates endorsed by the party for the election.\n(sec.112D-ssec.4) Also, an associated entity of a candidate in an election does not include an entity if— the entity is an associated entity of a group of candidates under section 112E because the entity— is controlled by the group; or operates wholly or to a significant extent for the benefit of the group; or operates for the dominant purpose of promoting the group; and the candidate is a member of the group.\n(sec.112D-ssec.5) Further, an associated entity of a candidate in an election does not include— for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or a committee formed to help the candidate’s election campaign in the election.\n(sec.112D-ssec.6) In this section— endorsed candidates , of a registered political party that endorses a candidate in an election, see section 112C (4) .\n- (a) the associated entity and the candidate together constituted the candidate; and\n- (b) a reference to the candidate included a reference to the associated entity; and\n- (c) a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the candidate; and\n- (d) the dedicated account of the candidate were the dedicated account of the associated entity; and\n- (e) electoral expenditure incurred by or for the associated entity were incurred by or for the candidate.\n- (a) is controlled by the candidate in relation to the election; or\n- (b) operates wholly, or to a significant extent, for the benefit of the candidate in relation to the election; or\n- (c) operates for the dominant purpose of promoting the candidate in the election.\n- (a) the entity is an associated entity of a registered political party that endorses a candidate in the election under section 112C because the entity— (i) is controlled by endorsed candidates of the party; or (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and\n- (i) is controlled by endorsed candidates of the party; or\n- (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or\n- (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and\n- (b) the candidate is 1 of the candidates endorsed by the party for the election.\n- (i) is controlled by endorsed candidates of the party; or\n- (ii) operates wholly or to a significant extent for the benefit of endorsed candidates of the party; or\n- (iii) operates for the dominant purpose of promoting endorsed candidates of the party; and\n- (a) the entity is an associated entity of a group of candidates under section 112E because the entity— (i) is controlled by the group; or (ii) operates wholly or to a significant extent for the benefit of the group; or (iii) operates for the dominant purpose of promoting the group; and\n- (i) is controlled by the group; or\n- (ii) operates wholly or to a significant extent for the benefit of the group; or\n- (iii) operates for the dominant purpose of promoting the group; and\n- (b) the candidate is a member of the group.\n- (i) is controlled by the group; or\n- (ii) operates wholly or to a significant extent for the benefit of the group; or\n- (iii) operates for the dominant purpose of promoting the group; and\n- (a) for a candidate who is endorsed by a registered political party for the election—another candidate who is endorsed by the registered political party; or\n- (b) for a candidate who is a member of a group of candidates for the election—another candidate who is a member of the group; or\n- (c) a committee formed to help the candidate’s election campaign in the election.","sortOrder":170},{"sectionNumber":"sec.112E","sectionType":"section","heading":"Associated entity to be treated as part of group of candidates","content":"### sec.112E Associated entity to be treated as part of group of candidates\n\nIf a group of candidates for an election has an associated entity, divisions 4 and 5 apply as if—\nthe associated entity and the group together constituted the group; and\na reference to the group included a reference to the associated entity; and\na gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the group; and\nthe dedicated account of the group were the dedicated account of the associated entity; and\nelectoral expenditure incurred by or for the associated entity were incurred by or for the group.\nSee also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.\nAn entity is an associated entity of a group of candidates for an election if the entity—\nis controlled by the group in relation to the election; or\noperates wholly, or to a significant extent, for the benefit of the group in relation to the election; or\noperates for the dominant purpose of promoting the group in the election.\nHowever, an associated entity of a group of candidates for an election does not include—\na candidate who is a member of the group; or\na committee formed to help the election campaign of members of the group in the election.\ns 112E ins 2023 No. 8 s 26\n(sec.112E-ssec.1) If a group of candidates for an election has an associated entity, divisions 4 and 5 apply as if— the associated entity and the group together constituted the group; and a reference to the group included a reference to the associated entity; and a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the group; and the dedicated account of the group were the dedicated account of the associated entity; and electoral expenditure incurred by or for the associated entity were incurred by or for the group. See also sections 118AA , 120A , 124 , 125A and 125G about disclosure obligations imposed on the associated entity.\n(sec.112E-ssec.2) An entity is an associated entity of a group of candidates for an election if the entity— is controlled by the group in relation to the election; or operates wholly, or to a significant extent, for the benefit of the group in relation to the election; or operates for the dominant purpose of promoting the group in the election.\n(sec.112E-ssec.3) However, an associated entity of a group of candidates for an election does not include— a candidate who is a member of the group; or a committee formed to help the election campaign of members of the group in the election.\n- (a) the associated entity and the group together constituted the group; and\n- (b) a reference to the group included a reference to the associated entity; and\n- (c) a gift or loan made to or for the benefit of, or received by, the associated entity were a gift or loan made to or for the benefit of, or received by, the group; and\n- (d) the dedicated account of the group were the dedicated account of the associated entity; and\n- (e) electoral expenditure incurred by or for the associated entity were incurred by or for the group.\n- (a) is controlled by the group in relation to the election; or\n- (b) operates wholly, or to a significant extent, for the benefit of the group in relation to the election; or\n- (c) operates for the dominant purpose of promoting the group in the election.\n- (a) a candidate who is a member of the group; or\n- (b) a committee formed to help the election campaign of members of the group in the election.","sortOrder":171},{"sectionNumber":"pt.6-div.1A","sectionType":"division","heading":"Political donations from property developers","content":"## Political donations from property developers","sortOrder":172},{"sectionNumber":"sec.113","sectionType":"section","heading":"Meaning of prohibited donor","content":"### sec.113 Meaning of prohibited donor\n\nFor this division, prohibited donor —\nmeans—\na property developer; or\nan industry representative organisation, a majority of whose members are property developers; but\ndoes not include an entity for whom a determination is in effect under section 113D .\nSee section 194C (4) in relation to the non-effect of a determination in particular circumstances.\nFor subsection (1) (a) , each of the following persons is a property developer —\na corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation—\nin connection with the residential or commercial development of land; and\nwith the ultimate purpose of the sale or lease of the land for profit;\na close associate of a corporation mentioned in paragraph (a) .\nFor deciding whether a corporation is a corporation mentioned in subsection (2) (a) , any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.\nIn this section—\nclose associate , of a corporation, means any of the following persons—\na related body corporate of the corporation;\na director or other officer of the corporation;\na person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;\na spouse of an individual mentioned in paragraph (b) or (c) ;\nif the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;\nif the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;\nif the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.\ndirector , of a corporation, see the Corporations Act , section 9 .\nofficer , of a corporation, see the Corporations Act , section 9 .\nrelated body corporate , of a corporation, see the Corporations Act , section 9 .\nrelevant planning application means—\nan application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or\na request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or\nan application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or\na request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act—\nthe declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;\nthe imposition of, or change to, conditions on a coordinated project;\nthe preparation or variation of a development scheme; or\nan application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or\na request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act—\na priority development area or provisional priority development area;\na development scheme, interim land use plan, or PDA-associated development for a priority development area;\na provisional land use plan or PDA-associated development for a provisional priority development area; or\nan application or request of a type prescribed by regulation to be a relevant planning application.\nstapled entity —\nmeans an entity the interests in which are traded along with the interests in another entity as stapled securities; and\nfor an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.\nvoting power see the Corporations Act , section 610 .\ns 113 prev s 113 om 2014 No. 44 s 76\npres s 113 ins 2018 No. 9 s 30\n(sec.113-ssec.1) For this division, prohibited donor — means— a property developer; or an industry representative organisation, a majority of whose members are property developers; but does not include an entity for whom a determination is in effect under section 113D . See section 194C (4) in relation to the non-effect of a determination in particular circumstances.\n(sec.113-ssec.2) For subsection (1) (a) , each of the following persons is a property developer — a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation— in connection with the residential or commercial development of land; and with the ultimate purpose of the sale or lease of the land for profit; a close associate of a corporation mentioned in paragraph (a) .\n(sec.113-ssec.3) For deciding whether a corporation is a corporation mentioned in subsection (2) (a) , any activity engaged in by the corporation for the dominant purpose of providing commercial premises at which the corporation, or a related body corporate of the corporation, will carry on business is to be disregarded, unless the business involves the sale or leasing of a substantial part of the premises.\n(sec.113-ssec.4) In this section— close associate , of a corporation, means any of the following persons— a related body corporate of the corporation; a director or other officer of the corporation; a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation; a spouse of an individual mentioned in paragraph (b) or (c) ; if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security; if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust; if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust. director , of a corporation, see the Corporations Act , section 9 . officer , of a corporation, see the Corporations Act , section 9 . related body corporate , of a corporation, see the Corporations Act , section 9 . relevant planning application means— an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act— the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; the imposition of, or change to, conditions on a coordinated project; the preparation or variation of a development scheme; or an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act— a priority development area or provisional priority development area; a development scheme, interim land use plan, or PDA-associated development for a priority development area; a provisional land use plan or PDA-associated development for a provisional priority development area; or an application or request of a type prescribed by regulation to be a relevant planning application. stapled entity — means an entity the interests in which are traded along with the interests in another entity as stapled securities; and for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust. voting power see the Corporations Act , section 610 .\n- (a) means— (i) a property developer; or (ii) an industry representative organisation, a majority of whose members are property developers; but\n- (i) a property developer; or\n- (ii) an industry representative organisation, a majority of whose members are property developers; but\n- (b) does not include an entity for whom a determination is in effect under section 113D . Note— See section 194C (4) in relation to the non-effect of a determination in particular circumstances.\n- (i) a property developer; or\n- (ii) an industry representative organisation, a majority of whose members are property developers; but\n- (a) a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation— (i) in connection with the residential or commercial development of land; and (ii) with the ultimate purpose of the sale or lease of the land for profit;\n- (i) in connection with the residential or commercial development of land; and\n- (ii) with the ultimate purpose of the sale or lease of the land for profit;\n- (b) a close associate of a corporation mentioned in paragraph (a) .\n- (i) in connection with the residential or commercial development of land; and\n- (ii) with the ultimate purpose of the sale or lease of the land for profit;\n- (a) a related body corporate of the corporation;\n- (b) a director or other officer of the corporation;\n- (c) a person with more than 20% of the voting power in the corporation or a related body corporate of the corporation;\n- (d) a spouse of an individual mentioned in paragraph (b) or (c) ;\n- (e) if the corporation or a related body corporate of the corporation is a stapled entity in relation to a stapled security—the other stapled entity in relation to the stapled security;\n- (f) if the corporation is a trustee, manager or responsible entity in relation to a unit trust—a person who holds more than 20% of the units in the trust;\n- (g) if the corporation is a trustee, manager or responsible entity in relation to a discretionary trust—a beneficiary of the trust.\n- (a) an application for, or to change, a development approval under the Planning Act 2016 or the repealed Sustainable Planning Act 2009 ; or\n- (b) a request to the Minister administering the Planning Act 2016 or the repealed Sustainable Planning Act 2009 or a local government about the making or amendment of a planning instrument or designation under either Act; or\n- (c) an application for, or to change, an SDA approval under the State Development and Public Works Organisation Act 1971 ; or\n- (d) a request or application to the Minister who administers the State Development and Public Works Organisation Act 1971 or the Coordinator-General about any of the following under that Act— (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area; (ii) the imposition of, or change to, conditions on a coordinated project; (iii) the preparation or variation of a development scheme; or\n- (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;\n- (ii) the imposition of, or change to, conditions on a coordinated project;\n- (iii) the preparation or variation of a development scheme; or\n- (e) an application for, or to change, a PDA development approval under the Economic Development Act 2012 ; or\n- (f) a request to the Minister who administers the Economic Development Act 2012 or the MEDQ about the making, declaration or amendment of any of the following under that Act— (i) a priority development area or provisional priority development area; (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area; (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or\n- (i) a priority development area or provisional priority development area;\n- (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area;\n- (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or\n- (g) an application or request of a type prescribed by regulation to be a relevant planning application.\n- (i) the declaration or variation of a coordinated project, prescribed development, prescribed project or State development area;\n- (ii) the imposition of, or change to, conditions on a coordinated project;\n- (iii) the preparation or variation of a development scheme; or\n- (i) a priority development area or provisional priority development area;\n- (ii) a development scheme, interim land use plan, or PDA-associated development for a priority development area;\n- (iii) a provisional land use plan or PDA-associated development for a provisional priority development area; or\n- (a) means an entity the interests in which are traded along with the interests in another entity as stapled securities; and\n- (b) for an entity mentioned in paragraph (a) that is a trust, includes any trustee, manager or responsible entity in relation to the trust.","sortOrder":173},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Meaning of political donation","content":"### sec.113A Meaning of political donation\n\nFor this division, each of the following is a political donation —\na gift made to or for the benefit of—\na political party, other than a restricted donation; or\na candidate in an election; or\na group of candidates for an election;\na gift made to or for the benefit of another entity—\nto enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or\nto reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;\na loan from an entity that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b) .\nDespite section 107 (3) (b) , a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.\nDespite section 107 (3) (c) , a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000—\nan amount paid as a subscription for a person’s membership of the party;\nan amount paid for a person’s affiliation with the party.\ns 113A ins 2018 No. 9 s 30\namd 2019 No. 30 s 227 ; 2023 No. 8 s 27 ; 2026 No. 1 s 33\n(sec.113A-ssec.1) For this division, each of the following is a political donation — a gift made to or for the benefit of— a political party, other than a restricted donation; or a candidate in an election; or a group of candidates for an election; a gift made to or for the benefit of another entity— to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure; a loan from an entity that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b) .\n(sec.113A-ssec.2) Despite section 107 (3) (b) , a reference in this section to a gift includes a fundraising contribution, to the extent the amount of the contribution forms part of the proceeds of the fundraising venture or function to which the contribution relates.\n(sec.113A-ssec.3) Despite section 107 (3) (c) , a reference in this section to a gift includes any of the following amounts paid by a person to a political party, to the extent the total amount of the person’s payments in a calendar year exceeds $1,000— an amount paid as a subscription for a person’s membership of the party; an amount paid for a person’s affiliation with the party.\n- (a) a gift made to or for the benefit of— (i) a political party, other than a restricted donation; or (ii) a candidate in an election; or (iii) a group of candidates for an election;\n- (i) a political party, other than a restricted donation; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election;\n- (b) a gift made to or for the benefit of another entity— (i) to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or (ii) to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;\n- (i) to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or\n- (ii) to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;\n- (c) a loan from an entity that, if the loan were a gift, would be a gift mentioned in paragraph (a) or (b) .\n- (i) a political party, other than a restricted donation; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election;\n- (i) to enable the entity (directly or indirectly) to make a gift mentioned in paragraph (a) or to incur electoral expenditure; or\n- (ii) to reimburse the entity (directly or indirectly) for making a gift mentioned in paragraph (a) or incurring electoral expenditure;\n- (a) an amount paid as a subscription for a person’s membership of the party;\n- (b) an amount paid for a person’s affiliation with the party.","sortOrder":174},{"sectionNumber":"sec.113AB","sectionType":"section","heading":"Meaning of restricted donation statement","content":"### sec.113AB Meaning of restricted donation statement\n\nA restricted donation statement about a gift or loan is a statement about the gift or loan that complies with this section.\nA restricted donation statement about a gift or loan must—\nbe in writing; and\nbe made by the donor of the gift or loan; and\nstate the relevant particulars of the entity that is the donor of the gift or loan; and\nstate that the gift or loan is made with the intention that it is not used for an electoral purpose; and\nbe given to the recipient when the gift or loan is made.\nIn this section—\nrelevant particulars , of an entity, see the Electoral Act 1992 , section 197 .\ns 113AB ins 2026 No. 1 s 34\n(sec.113AB-ssec.1) A restricted donation statement about a gift or loan is a statement about the gift or loan that complies with this section.\n(sec.113AB-ssec.2) A restricted donation statement about a gift or loan must— be in writing; and be made by the donor of the gift or loan; and state the relevant particulars of the entity that is the donor of the gift or loan; and state that the gift or loan is made with the intention that it is not used for an electoral purpose; and be given to the recipient when the gift or loan is made.\n(sec.113AB-ssec.3) In this section— relevant particulars , of an entity, see the Electoral Act 1992 , section 197 .\n- (a) be in writing; and\n- (b) be made by the donor of the gift or loan; and\n- (c) state the relevant particulars of the entity that is the donor of the gift or loan; and\n- (d) state that the gift or loan is made with the intention that it is not used for an electoral purpose; and\n- (e) be given to the recipient when the gift or loan is made.","sortOrder":175},{"sectionNumber":"sec.113B","sectionType":"section","heading":"Political donations by prohibited donors","content":"### sec.113B Political donations by prohibited donors\n\nIt is unlawful for a prohibited donor to make a political donation.\nIt is unlawful for a person to make a political donation on behalf of a prohibited donor.\nIt is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.\nIt is unlawful for a prohibited donor to solicit a person to make a political donation.\nIt is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.\ns 113B ins 2018 No. 9 s 30\n(sec.113B-ssec.1) It is unlawful for a prohibited donor to make a political donation.\n(sec.113B-ssec.2) It is unlawful for a person to make a political donation on behalf of a prohibited donor.\n(sec.113B-ssec.3) It is unlawful for a person to accept a political donation that was made (wholly or in part) by or on behalf of a prohibited donor.\n(sec.113B-ssec.4) It is unlawful for a prohibited donor to solicit a person to make a political donation.\n(sec.113B-ssec.5) It is unlawful for a person to solicit, on behalf of a prohibited donor, another person to make a political donation.","sortOrder":176},{"sectionNumber":"sec.113BA","sectionType":"section","heading":"Use of restricted donations","content":"### sec.113BA Use of restricted donations\n\nIt is unlawful for a person to use a restricted donation made by a prohibited donor for an electoral purpose.\ns 113BA ins 2026 No. 1 s 35","sortOrder":177},{"sectionNumber":"sec.113C","sectionType":"section","heading":"Recovery of prohibited donations and amounts used unlawfully","content":"### sec.113C Recovery of prohibited donations and amounts used unlawfully\n\nIf a person accepts a prohibited donation, the following amount is payable by the person to the State—\nif the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;\notherwise—an amount equal to the amount or value of the prohibited donation.\nIf a person uses a restricted donation for an electoral purpose, an amount equal to twice the amount or value of the restricted donation is payable by the person to the State.\nThe amount may be recovered by the State as a debt due to the State from—\nif the recipient is a registered political party that is not a corporation—the party’s agent; or\nif the recipient is a group of candidates—the members of the group or the group’s agent; or\nif the recipient is a candidate—the candidate or the candidate’s agent; or\notherwise—the recipient.\nThe imposition of liability to pay an amount to the State under this section—\nis not a punishment or sentence for an offence against section 194A or any other offence; and\nis not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.\nAn action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.\nAny process in the action required to be served on the State may be served on the electoral commission.\nIn this section—\nprohibited donation means a political donation that was unlawfully made or accepted under section 113B .\nrecipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.\ns 113C ins 2018 No. 9 s 30\namd 2026 No. 1 s 36\n(sec.113C-ssec.1) If a person accepts a prohibited donation, the following amount is payable by the person to the State— if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation; otherwise—an amount equal to the amount or value of the prohibited donation.\n(sec.113C-ssec.1A) If a person uses a restricted donation for an electoral purpose, an amount equal to twice the amount or value of the restricted donation is payable by the person to the State.\n(sec.113C-ssec.2) The amount may be recovered by the State as a debt due to the State from— if the recipient is a registered political party that is not a corporation—the party’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or if the recipient is a candidate—the candidate or the candidate’s agent; or otherwise—the recipient.\n(sec.113C-ssec.3) The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 194A or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.\n(sec.113C-ssec.4) An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.\n(sec.113C-ssec.5) Any process in the action required to be served on the State may be served on the electoral commission.\n(sec.113C-ssec.6) In this section— prohibited donation means a political donation that was unlawfully made or accepted under section 113B . recipient means the entity to whom, or for the benefit of whom, the prohibited donation was made.\n- (a) if the person knew it was unlawful to accept the prohibited donation—an amount equal to twice the amount or value of the prohibited donation;\n- (b) otherwise—an amount equal to the amount or value of the prohibited donation.\n- (a) if the recipient is a registered political party that is not a corporation—the party’s agent; or\n- (b) if the recipient is a group of candidates—the members of the group or the group’s agent; or\n- (c) if the recipient is a candidate—the candidate or the candidate’s agent; or\n- (d) otherwise—the recipient.\n- (a) is not a punishment or sentence for an offence against section 194A or any other offence; and\n- (b) is not a matter to which a court may have regard in sentencing an offender for an offence against section 194A or any other offence.","sortOrder":178},{"sectionNumber":"sec.113D","sectionType":"section","heading":"Making of determination that entity is not a prohibited donor","content":"### sec.113D Making of determination that entity is not a prohibited donor\n\nA person may apply to the electoral commissioner for a determination that the person, or another entity, is not an entity mentioned in section 113 (1) (a) (i) or (ii) .\nThe application must be written and supported by enough information to enable the electoral commissioner to decide the application.\nIf the electoral commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 113 (1) (a) (i) or (ii) , the electoral commissioner must make the determination sought by the applicant.\nOtherwise, the electoral commissioner must—\ndecide not to make the determination; and\ngive the applicant an information notice about the decision.\nFor the right to appeal against the decision, see section 113G .\nA determination has effect for 1 year unless it is earlier revoked.\ns 113D ins 2018 No. 9 s 30\namd 2026 No. 1 s 37\n(sec.113D-ssec.1) A person may apply to the electoral commissioner for a determination that the person, or another entity, is not an entity mentioned in section 113 (1) (a) (i) or (ii) .\n(sec.113D-ssec.2) The application must be written and supported by enough information to enable the electoral commissioner to decide the application.\n(sec.113D-ssec.3) If the electoral commissioner is satisfied the entity to whom the application relates is not an entity mentioned in section 113 (1) (a) (i) or (ii) , the electoral commissioner must make the determination sought by the applicant.\n(sec.113D-ssec.4) Otherwise, the electoral commissioner must— decide not to make the determination; and give the applicant an information notice about the decision. For the right to appeal against the decision, see section 113G .\n(sec.113D-ssec.5) A determination has effect for 1 year unless it is earlier revoked.\n- (a) decide not to make the determination; and\n- (b) give the applicant an information notice about the decision.","sortOrder":179},{"sectionNumber":"sec.113E","sectionType":"section","heading":"Revocation of determination","content":"### sec.113E Revocation of determination\n\nIf, at any time, the electoral commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 113 (1) (a) (i) or (ii) , the electoral commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.\nThe notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination.\nFor the right to appeal against the decision, see section 113G .\ns 113E ins 2018 No. 9 s 30\namd 2026 No. 1 s 38\n(sec.113E-ssec.1) If, at any time, the electoral commissioner ceases to be satisfied the entity to whom a determination relates is not an entity mentioned in section 113 (1) (a) (i) or (ii) , the electoral commissioner may revoke the determination by giving a written notice of revocation to the entity and, if the entity was not the applicant for the determination, the applicant.\n(sec.113E-ssec.2) The notice of revocation given to the entity must include, or be accompanied by, an information notice about the decision to revoke the determination. For the right to appeal against the decision, see section 113G .","sortOrder":180},{"sectionNumber":"sec.113F","sectionType":"section","heading":"Register of determinations","content":"### sec.113F Register of determinations\n\nThe electoral commissioner must keep a register of determinations made under section 113D .\nThe register must include any revocations made under section 113E .\nThe electoral commissioner must make the register available for public inspection without fee.\ns 113F ins 2018 No. 9 s 30\n(sec.113F-ssec.1) The electoral commissioner must keep a register of determinations made under section 113D .\n(sec.113F-ssec.2) The register must include any revocations made under section 113E .\n(sec.113F-ssec.3) The electoral commissioner must make the register available for public inspection without fee.","sortOrder":181},{"sectionNumber":"sec.113G","sectionType":"section","heading":"Review of decisions","content":"### sec.113G Review of decisions\n\nA person who is given, or is entitled to be given, an information notice about a decision under this division has a right to appeal against the decision under the Electoral Act 1992 , part 11 , division 20 , as if the decision were a decision to which section 374 of that Act applied.\ns 113G ins 2018 No. 9 s 30\namd 2026 No. 1 s 39","sortOrder":182},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Agents","content":"## Agents","sortOrder":183},{"sectionNumber":"sec.114","sectionType":"section","heading":"Agent of registered political party","content":"### sec.114 Agent of registered political party\n\nA registered political party that endorses a candidate in an election must appoint a person to be the agent of the party, for this part, for the election.\nThe registered political party must appoint a person as the party’s agent for an election under subsection (1) as soon as practicable after the party becomes a participant in the election by endorsing a candidate in the election.\ns 114 prev s 114 amd 2014 No. 44 s 77 ; 2017 No. 12 s 12\nom 2019 No. 30 s 228\npres s 114 ins 2023 No. 8 s 28\n(sec.114-ssec.1) A registered political party that endorses a candidate in an election must appoint a person to be the agent of the party, for this part, for the election.\n(sec.114-ssec.2) The registered political party must appoint a person as the party’s agent for an election under subsection (1) as soon as practicable after the party becomes a participant in the election by endorsing a candidate in the election.","sortOrder":184},{"sectionNumber":"sec.115","sectionType":"section","heading":"Agent of candidate","content":"### sec.115 Agent of candidate\n\nA candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.\nDuring any period for which no appointment is in effect under subsection (1) , the candidate is taken to be the candidate’s own agent for this part for the election.\ns 115 prev s 115 amd 2014 No. 44 s 78 ; 2017 No. 12 s 13\nom 2019 No. 30 s 228\npres s 115 ins 2023 No. 8 s 28\n(sec.115-ssec.1) A candidate in an election may appoint a person to be the agent of the candidate, for this part, for the election.\n(sec.115-ssec.2) During any period for which no appointment is in effect under subsection (1) , the candidate is taken to be the candidate’s own agent for this part for the election.","sortOrder":185},{"sectionNumber":"sec.116","sectionType":"section","heading":"Agent of group of candidates","content":"### sec.116 Agent of group of candidates\n\nA group of candidates for an election must appoint a person to be the agent of the group, for this part, for the election.\nSee also section 42 (5) (f) .\ns 116 prev s 116 amd 2014 No. 44 s 79 ; 2017 No. 12 s 14\nom 2019 No. 30 s 228\npres s 116 ins 2023 No. 8 s 26","sortOrder":186},{"sectionNumber":"sec.116A","sectionType":"section","heading":"Agent of registered third party","content":"### sec.116A Agent of registered third party\n\nA registered third party for an election who is not an individual must appoint a person to be the agent of the third party, for this part, for the election.\nSee also section 127F (2) (c) .\nA registered third party for an election who is an individual may appoint a person to be the agent of the third party, for this part, for the election.\nDuring any period for which no appointment is in effect under subsection (2) , the third party is taken to be the third party’s own agent for this part for the election.\ns 116A prev s 116A ins 2014 No. 44 s 80\nom 2017 No. 12 s 15\npres s 116A ins 2023 No. 8 s 26\n(sec.116A-ssec.1) A registered third party for an election who is not an individual must appoint a person to be the agent of the third party, for this part, for the election. See also section 127F (2) (c) .\n(sec.116A-ssec.2) A registered third party for an election who is an individual may appoint a person to be the agent of the third party, for this part, for the election.\n(sec.116A-ssec.3) During any period for which no appointment is in effect under subsection (2) , the third party is taken to be the third party’s own agent for this part for the election.","sortOrder":187},{"sectionNumber":"sec.116B","sectionType":"section","heading":"Agent of unregistered third party","content":"### sec.116B Agent of unregistered third party\n\nA third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.\nIf the third party is an individual, during any period for which no appointment is in effect under subsection (1) , the third party is taken to be the third party’s own agent for this part for the election.\ns 116B ins 2023 No. 8 s 26\n(sec.116B-ssec.1) A third party that is not registered for an election may appoint a person to be the third party’s agent, for this part, for the election.\n(sec.116B-ssec.2) If the third party is an individual, during any period for which no appointment is in effect under subsection (1) , the third party is taken to be the third party’s own agent for this part for the election.","sortOrder":188},{"sectionNumber":"sec.116C","sectionType":"section","heading":"Requirements for registration","content":"### sec.116C Requirements for registration\n\nThe appointment of a person as an agent has no effect unless—\nthe person is an adult; and\nthe person has—\nconsented to the appointment in writing; and\nsigned a declaration that the person is eligible for appointment; and\nthe electoral commission is given written notice of the appointment that—\nstates the person’s name and address; and\nincludes or is accompanied by the consent and declaration mentioned in paragraph (b) ; and\nfor the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and\nthe person’s name is included in the register of agents.\nA person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against section 43C (4) , this part or part 9 , division 5 .\ns 116C ins 2023 No. 8 s 26\n(sec.116C-ssec.1) The appointment of a person as an agent has no effect unless— the person is an adult; and the person has— consented to the appointment in writing; and signed a declaration that the person is eligible for appointment; and the electoral commission is given written notice of the appointment that— states the person’s name and address; and includes or is accompanied by the consent and declaration mentioned in paragraph (b) ; and for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and the person’s name is included in the register of agents.\n(sec.116C-ssec.2) A person is not eligible to be appointed, or to hold office, as an agent for this part if the person has been convicted of an offence against section 43C (4) , this part or part 9 , division 5 .\n- (a) the person is an adult; and\n- (b) the person has— (i) consented to the appointment in writing; and (ii) signed a declaration that the person is eligible for appointment; and\n- (i) consented to the appointment in writing; and\n- (ii) signed a declaration that the person is eligible for appointment; and\n- (c) the electoral commission is given written notice of the appointment that— (i) states the person’s name and address; and (ii) includes or is accompanied by the consent and declaration mentioned in paragraph (b) ; and (iii) for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and\n- (i) states the person’s name and address; and\n- (ii) includes or is accompanied by the consent and declaration mentioned in paragraph (b) ; and\n- (iii) for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and\n- (d) the person’s name is included in the register of agents.\n- (i) consented to the appointment in writing; and\n- (ii) signed a declaration that the person is eligible for appointment; and\n- (i) states the person’s name and address; and\n- (ii) includes or is accompanied by the consent and declaration mentioned in paragraph (b) ; and\n- (iii) for the appointment of an agent of a group of candidates—is signed by each candidate who is a member of the group; and","sortOrder":189},{"sectionNumber":"sec.116D","sectionType":"section","heading":"Register of agents","content":"### sec.116D Register of agents\n\nThe electoral commission must keep a register called the register of agents.\nSee section 135B for the requirement to make information from the register available for public inspection.\nThe register of agents must include the name and address of each person appointed as the agent of the following, for this part, for an election—\na registered political party that endorses a candidate in the election;\na candidate in the election;\na group of candidates for the election;\na third party for the election.\nThe register of agents may be kept in the way, and in the form, the electoral commission considers appropriate.\nAn entry in the register of agents about a person appointed as the agent of an entity mentioned in subsection (2) , for this part, for an election, is evidence that the person is the agent of the entity for the election.\ns 116D ins 2023 No. 8 s 26\n(sec.116D-ssec.1) The electoral commission must keep a register called the register of agents. See section 135B for the requirement to make information from the register available for public inspection.\n(sec.116D-ssec.2) The register of agents must include the name and address of each person appointed as the agent of the following, for this part, for an election— a registered political party that endorses a candidate in the election; a candidate in the election; a group of candidates for the election; a third party for the election.\n(sec.116D-ssec.3) The register of agents may be kept in the way, and in the form, the electoral commission considers appropriate.\n(sec.116D-ssec.4) An entry in the register of agents about a person appointed as the agent of an entity mentioned in subsection (2) , for this part, for an election, is evidence that the person is the agent of the entity for the election.\n- (a) a registered political party that endorses a candidate in the election;\n- (b) a candidate in the election;\n- (c) a group of candidates for the election;\n- (d) a third party for the election.","sortOrder":190},{"sectionNumber":"sec.116E","sectionType":"section","heading":"Registration of agent","content":"### sec.116E Registration of agent\n\nThe appointment of a person as an agent, for this part, for an election—\ntakes effect when the person’s name is entered in the register of agents; and\ncontinues until the person’s obligations as an agent under this part for the election end, unless the appointment ends sooner under subsection (2) .\nA person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.\nThe appointment of a person as an agent, for this part, for an election, ends when—\nthe person resigns the person’s appointment as agent; or\nthe entity that appointed the person revokes the person’s appointment; or\nthe person dies; or\nthe person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 .\nA person’s name must not be removed from the register of agents unless—\nthe person gives the electoral commission written notice that the person has resigned the person’s appointment as agent; or\nthe entity that appointed the person gives the electoral commission written notice that the person’s appointment has been revoked; or\nthe person dies; or\nthe person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 ; or\nif the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.\nIf a person’s appointment as the agent of an entity ends under subsection (2) , the entity must, within 28 days after the person’s appointment ends, give the electoral commission—\na written notice that states—\nthe person’s appointment has ended; and\nthe day the appointment ended; and\nthe reason the appointment ended; and\nif the entity is required to have an agent under this division—a written notice under section 116C (1) (c) of the appointment of another person as the entity’s agent.\nA written notice given to the electoral commission under subsection (3) (b) by a group of candidates must be signed by each candidate who is a member of the group.\ns 116E ins 2023 No. 8 s 26\n(sec.116E-ssec.1) The appointment of a person as an agent, for this part, for an election— takes effect when the person’s name is entered in the register of agents; and continues until the person’s obligations as an agent under this part for the election end, unless the appointment ends sooner under subsection (2) . A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.\n(sec.116E-ssec.2) The appointment of a person as an agent, for this part, for an election, ends when— the person resigns the person’s appointment as agent; or the entity that appointed the person revokes the person’s appointment; or the person dies; or the person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 .\n(sec.116E-ssec.3) A person’s name must not be removed from the register of agents unless— the person gives the electoral commission written notice that the person has resigned the person’s appointment as agent; or the entity that appointed the person gives the electoral commission written notice that the person’s appointment has been revoked; or the person dies; or the person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 ; or if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.\n(sec.116E-ssec.4) If a person’s appointment as the agent of an entity ends under subsection (2) , the entity must, within 28 days after the person’s appointment ends, give the electoral commission— a written notice that states— the person’s appointment has ended; and the day the appointment ended; and the reason the appointment ended; and if the entity is required to have an agent under this division—a written notice under section 116C (1) (c) of the appointment of another person as the entity’s agent.\n(sec.116E-ssec.5) A written notice given to the electoral commission under subsection (3) (b) by a group of candidates must be signed by each candidate who is a member of the group.\n- (a) takes effect when the person’s name is entered in the register of agents; and\n- (b) continues until the person’s obligations as an agent under this part for the election end, unless the appointment ends sooner under subsection (2) . Note— A person’s obligations as a candidate’s agent under this part may end after the election to which the appointment relates, whether or not the candidate is elected at the election.\n- (a) the person resigns the person’s appointment as agent; or\n- (b) the entity that appointed the person revokes the person’s appointment; or\n- (c) the person dies; or\n- (d) the person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 .\n- (a) the person gives the electoral commission written notice that the person has resigned the person’s appointment as agent; or\n- (b) the entity that appointed the person gives the electoral commission written notice that the person’s appointment has been revoked; or\n- (c) the person dies; or\n- (d) the person is convicted of an offence against section 43C (4) , this part or part 9 , division 5 ; or\n- (e) if the entity that appointed the person is a registered political party or registered third party—the entity’s registration is cancelled.\n- (a) a written notice that states— (i) the person’s appointment has ended; and (ii) the day the appointment ended; and (iii) the reason the appointment ended; and\n- (i) the person’s appointment has ended; and\n- (ii) the day the appointment ended; and\n- (iii) the reason the appointment ended; and\n- (b) if the entity is required to have an agent under this division—a written notice under section 116C (1) (c) of the appointment of another person as the entity’s agent.\n- (i) the person’s appointment has ended; and\n- (ii) the day the appointment ended; and\n- (iii) the reason the appointment ended; and","sortOrder":191},{"sectionNumber":"sec.116F","sectionType":"section","heading":"Responsibility for action in absence of agent","content":"### sec.116F Responsibility for action in absence of agent\n\nThis section applies if—\na provision of this part imposes an obligation on the agent of—\na registered political party that endorses a candidate in an election; or\na group of candidates for an election; or\na third party who is not an individual, whether or not the third party is registered for an election; and\nthe entity does not have an agent for this part for the election.\nFor a registered political party or a third party, each member of the executive committee (however described) of the registered political party or third party is responsible for complying with the obligation as if the provision applied to the member of the committee.\nFor a group of candidates, each member of the group is responsible for complying with the obligation as if the provision applied to the member of the group.\ns 116F ins 2023 No. 8 s 26\n(sec.116F-ssec.1) This section applies if— a provision of this part imposes an obligation on the agent of— a registered political party that endorses a candidate in an election; or a group of candidates for an election; or a third party who is not an individual, whether or not the third party is registered for an election; and the entity does not have an agent for this part for the election.\n(sec.116F-ssec.2) For a registered political party or a third party, each member of the executive committee (however described) of the registered political party or third party is responsible for complying with the obligation as if the provision applied to the member of the committee.\n(sec.116F-ssec.3) For a group of candidates, each member of the group is responsible for complying with the obligation as if the provision applied to the member of the group.\n- (a) a provision of this part imposes an obligation on the agent of— (i) a registered political party that endorses a candidate in an election; or (ii) a group of candidates for an election; or (iii) a third party who is not an individual, whether or not the third party is registered for an election; and\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a group of candidates for an election; or\n- (iii) a third party who is not an individual, whether or not the third party is registered for an election; and\n- (b) the entity does not have an agent for this part for the election.\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a group of candidates for an election; or\n- (iii) a third party who is not an individual, whether or not the third party is registered for an election; and","sortOrder":192},{"sectionNumber":"sec.116G","sectionType":"section","heading":"Agent’s obligation to ensure compliance","content":"### sec.116G Agent’s obligation to ensure compliance\n\nThe agent of a participant in an election must take all reasonable steps—\nto inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and\nto establish and maintain appropriate systems to support the participant and person to comply with the obligations.\nMaximum penalty—100 penalty units.\nIf a participant in an election has an associated entity, the agent of the participant must take all reasonable steps—\nto inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and\nto establish and maintain appropriate systems to support the associated entity and person to comply with the obligations.\nMaximum penalty—100 penalty units.\nIn deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by—\nthe participant; and\nif the participant has an associated entity—the associated entity.\nSubsection (5) applies in relation to the agent of—\na registered political party that endorses a candidate in an election; or\na third party for an election; or\nany of the following participants that has an associated entity—\na registered political party that endorses a candidate in an election;\na candidate in an election;\na group of candidates for an election.\nIn deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider—\nthe number of members and employees of the registered political party, third party or associated entity; and\nthe number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.\nSee section 127O about keeping records.\ns 116G ins 2023 No. 8 s 26\n(sec.116G-ssec.1) The agent of a participant in an election must take all reasonable steps— to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the participant and person to comply with the obligations. Maximum penalty—100 penalty units.\n(sec.116G-ssec.2) If a participant in an election has an associated entity, the agent of the participant must take all reasonable steps— to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations. Maximum penalty—100 penalty units.\n(sec.116G-ssec.3) In deciding whether steps taken by the agent of a participant in an election to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider the amount of electoral expenditure incurred, or expected to be incurred, by— the participant; and if the participant has an associated entity—the associated entity.\n(sec.116G-ssec.4) Subsection (5) applies in relation to the agent of— a registered political party that endorses a candidate in an election; or a third party for an election; or any of the following participants that has an associated entity— a registered political party that endorses a candidate in an election; a candidate in an election; a group of candidates for an election.\n(sec.116G-ssec.5) In deciding whether steps taken by the agent of the participant to do a thing mentioned in subsection (1) or (2) are reasonable, a court must consider— the number of members and employees of the registered political party, third party or associated entity; and the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.\n- (a) to inform the participant, and each person the participant authorises to act for the participant under divisions 4 and 5 , about the obligations that apply to the participant and person under divisions 4 and 5 ; and\n- (b) to establish and maintain appropriate systems to support the participant and person to comply with the obligations.\n- (a) to inform the associated entity, and each person the associated entity authorises to act for it under divisions 4 and 5 , about the obligations that apply to the associated entity and person under divisions 4 and 5 ; and\n- (b) to establish and maintain appropriate systems to support the associated entity and person to comply with the obligations.\n- (a) the participant; and\n- (b) if the participant has an associated entity—the associated entity.\n- (a) a registered political party that endorses a candidate in an election; or\n- (b) a third party for an election; or\n- (c) any of the following participants that has an associated entity— (i) a registered political party that endorses a candidate in an election; (ii) a candidate in an election; (iii) a group of candidates for an election.\n- (i) a registered political party that endorses a candidate in an election;\n- (ii) a candidate in an election;\n- (iii) a group of candidates for an election.\n- (i) a registered political party that endorses a candidate in an election;\n- (ii) a candidate in an election;\n- (iii) a group of candidates for an election.\n- (a) the number of members and employees of the registered political party, third party or associated entity; and\n- (b) the number of people authorised to act for the registered political party, candidate, group of candidates or associated entity.","sortOrder":193},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Gifts and loans","content":"## Gifts and loans","sortOrder":194},{"sectionNumber":"sec.117","sectionType":"section","heading":"Gifts to candidates","content":"### sec.117 Gifts to candidates\n\nSubsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a gift of a value equal to or more than $500.\nThe agent of the candidate must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\nEach return must—\nbe in the approved form; and\nstate the relevant details for the gift.\nAlso, the agent of a candidate in an election must, within the required period for the election, give the electoral commission a return in the approved form, stating—\nif the candidate received gifts during the disclosure period—\nthe total value of all gifts received during the disclosure period; and\nthe number of entities that gave the gifts; or\notherwise—that no gifts were received during the disclosure period.\nFor subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the candidate by the same entity during the candidate’s disclosure period.\nThe agent of a candidate need not comply with subsection (4) if—\nthe agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states—\nthe candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and\nthe agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and\nthe candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given.\nIf the electoral commission receives a return under subsection (4) from the agent of a candidate who is successful in an election, the electoral commission must give a copy of the return to the chief executive officer of the local government for which the election was held.\nThis section does not apply in relation to a candidate who is a member of a group of candidates.\ns 117 amd 2014 No. 44 s 81 ; 2017 No. 12 s 16 ; 2019 No. 30 s 229A ; 2023 No. 8 s 29\n(sec.117-ssec.1) Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a gift of a value equal to or more than $500.\n(sec.117-ssec.2) The agent of the candidate must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\n(sec.117-ssec.3) Each return must— be in the approved form; and state the relevant details for the gift.\n(sec.117-ssec.4) Also, the agent of a candidate in an election must, within the required period for the election, give the electoral commission a return in the approved form, stating— if the candidate received gifts during the disclosure period— the total value of all gifts received during the disclosure period; and the number of entities that gave the gifts; or otherwise—that no gifts were received during the disclosure period.\n(sec.117-ssec.5) For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the candidate by the same entity during the candidate’s disclosure period.\n(sec.117-ssec.6) The agent of a candidate need not comply with subsection (4) if— the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given.\n(sec.117-ssec.7) If the electoral commission receives a return under subsection (4) from the agent of a candidate who is successful in an election, the electoral commission must give a copy of the return to the chief executive officer of the local government for which the election was held.\n(sec.117-ssec.8) This section does not apply in relation to a candidate who is a member of a group of candidates.\n- (a) be in the approved form; and\n- (b) state the relevant details for the gift.\n- (a) if the candidate received gifts during the disclosure period— (i) the total value of all gifts received during the disclosure period; and (ii) the number of entities that gave the gifts; or\n- (i) the total value of all gifts received during the disclosure period; and\n- (ii) the number of entities that gave the gifts; or\n- (b) otherwise—that no gifts were received during the disclosure period.\n- (i) the total value of all gifts received during the disclosure period; and\n- (ii) the number of entities that gave the gifts; or\n- (a) the agent gives the electoral commission a return, in the approved form, before the candidate makes the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and\n- (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and\n- (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and\n- (b) the candidate does not receive gifts during the candidate’s disclosure period for the election after the return is given.\n- (i) the candidate does not expect to receive gifts during the candidate’s disclosure period for the election after the return is given; and\n- (ii) the agent will give returns under this section if gifts are received during the candidate’s disclosure period for the election after the return is given; and","sortOrder":195},{"sectionNumber":"sec.118","sectionType":"section","heading":"Gifts to groups of candidates","content":"### sec.118 Gifts to groups of candidates\n\nSubsection (2) applies if, during the disclosure period for an election for a group of candidates, a member of the group, or a person acting on behalf of the group, receives a gift of a value equal to or more than $500.\nThe group’s agent must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\nEach return must—\nbe in the approved form; and\nstate—\nthe names of the candidates who are members of the group; and\nthe name, if any, of the group; and\nthe relevant details for the gift.\nAlso, the agent of a group of candidates must, within the required period for the election, give the electoral commission a return in the approved form, stating—\nif any members of the group, or a person acting on behalf of the group, received gifts during the disclosure period—\nthe total value of all gifts received during the disclosure period; and\nthe number of entities that gave the gifts; or\notherwise—that no gifts were received by any member of the group, or a person acting on behalf of the group, during the disclosure period.\nSee also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.\nFor subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to any member of the group, or a person acting on behalf of the group, by the same entity during the group’s disclosure period.\nThe agent need not comply with subsection (4) if—\neach candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states—\nthe candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and\nthe group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and\nthe group does not receive further gifts during the group’s disclosure period for the election after giving the return.\nIf the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the election, the electoral commission must give a copy of the return to—\nthe chief executive officer of the local government for which the election was held; and\neach successful candidate who is a member of the group.\ns 118 amd 2014 No. 44 s 82 ; 2017 No. 12 s 17 ; 2019 No. 30 s 229B ; 2023 No. 8 s 30\n(sec.118-ssec.1) Subsection (2) applies if, during the disclosure period for an election for a group of candidates, a member of the group, or a person acting on behalf of the group, receives a gift of a value equal to or more than $500.\n(sec.118-ssec.2) The group’s agent must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\n(sec.118-ssec.3) Each return must— be in the approved form; and state— the names of the candidates who are members of the group; and the name, if any, of the group; and the relevant details for the gift.\n(sec.118-ssec.4) Also, the agent of a group of candidates must, within the required period for the election, give the electoral commission a return in the approved form, stating— if any members of the group, or a person acting on behalf of the group, received gifts during the disclosure period— the total value of all gifts received during the disclosure period; and the number of entities that gave the gifts; or otherwise—that no gifts were received by any member of the group, or a person acting on behalf of the group, during the disclosure period. See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.\n(sec.118-ssec.5) For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to any member of the group, or a person acting on behalf of the group, by the same entity during the group’s disclosure period.\n(sec.118-ssec.6) The agent need not comply with subsection (4) if— each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and the group does not receive further gifts during the group’s disclosure period for the election after giving the return.\n(sec.118-ssec.7) If the electoral commission receives a return under subsection (4) from the agent of a group of candidates for an election and any of the members of the group are successful in the election, the electoral commission must give a copy of the return to— the chief executive officer of the local government for which the election was held; and each successful candidate who is a member of the group.\n- (a) be in the approved form; and\n- (b) state— (i) the names of the candidates who are members of the group; and (ii) the name, if any, of the group; and (iii) the relevant details for the gift.\n- (i) the names of the candidates who are members of the group; and\n- (ii) the name, if any, of the group; and\n- (iii) the relevant details for the gift.\n- (i) the names of the candidates who are members of the group; and\n- (ii) the name, if any, of the group; and\n- (iii) the relevant details for the gift.\n- (a) if any members of the group, or a person acting on behalf of the group, received gifts during the disclosure period— (i) the total value of all gifts received during the disclosure period; and (ii) the number of entities that gave the gifts; or\n- (i) the total value of all gifts received during the disclosure period; and\n- (ii) the number of entities that gave the gifts; or\n- (b) otherwise—that no gifts were received by any member of the group, or a person acting on behalf of the group, during the disclosure period.\n- (i) the total value of all gifts received during the disclosure period; and\n- (ii) the number of entities that gave the gifts; or\n- (a) each candidate who is a member of the group gives a return, in the approved form, to the electoral commission before making the declaration of office under the Local Government Act 2009 , section 169 or the City of Brisbane Act 2010 , section 169 and the return states— (i) the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and\n- (i) the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and\n- (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and\n- (b) the group does not receive further gifts during the group’s disclosure period for the election after giving the return.\n- (i) the candidate does not expect the group to receive further gifts during the group’s disclosure period for the election after giving the return; and\n- (ii) the group’s agent will give a return under this section if further gifts are received during the group’s disclosure period for the election after giving the return; and\n- (a) the chief executive officer of the local government for which the election was held; and\n- (b) each successful candidate who is a member of the group.","sortOrder":196},{"sectionNumber":"sec.118AA","sectionType":"section","heading":"Gifts to associated entities of candidates or groups of candidates","content":"### sec.118AA Gifts to associated entities of candidates or groups of candidates\n\nSubsection (2) applies if—\nan entity receives a gift—\nduring a reporting period; and\nwhen the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\nthe value of the gift is equal to or more than $500.\nThe financial controller of the associated entity must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\nEach return must—\nbe in the approved form; and\nstate the relevant details for the gift.\nFor subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the associated entity by the same entity during the reporting period.\ns 118AA ins 2023 No. 8 s 31\n(sec.118AA-ssec.1) Subsection (2) applies if— an entity receives a gift— during a reporting period; and when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and the value of the gift is equal to or more than $500.\n(sec.118AA-ssec.2) The financial controller of the associated entity must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\n(sec.118AA-ssec.3) Each return must— be in the approved form; and state the relevant details for the gift.\n(sec.118AA-ssec.4) For subsection (1) , the value of a gift is taken to include the value of all other gifts previously given to the associated entity by the same entity during the reporting period.\n- (a) an entity receives a gift— (i) during a reporting period; and (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (i) during a reporting period; and\n- (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (b) the value of the gift is equal to or more than $500.\n- (i) during a reporting period; and\n- (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (a) be in the approved form; and\n- (b) state the relevant details for the gift.","sortOrder":197},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Gifts to third parties to enable political expenditure","content":"### sec.118A Gifts to third parties to enable political expenditure\n\nThis section applies to a third party for an election if—\nthe third party receives a gift of a value of $500 or more from an entity during the disclosure period for an election; and\nthe entity that is the source of the gift intended the gift to be used, wholly or in part—\nby the recipient of the gift to incur political expenditure; or\nas reimbursement for political expenditure incurred by the recipient of the gift; and\nthe third party used the gift, wholly or in part—\nto incur political expenditure for the election; or\nas reimbursement for political expenditure for the election incurred by the third party.\nThe third party must give the electoral commission a return about the gift by the disclosure deadline for the return.\nThe return must—\nbe in the approved form; and\nstate the relevant details for the gift.\nAlso, the third party must give the electoral commission a return, in the approved form, within the required period for the election that states—\nthe total value of all gifts received by the party during the disclosure period; and\nthe number of entities that made the gifts.\nFor subsection (1) (a) , the value of a gift made to the third party by an entity is taken to include the value of all other gifts made to the third party by the same entity during the disclosure period.\nIn this section—\npolitical expenditure , for an election, means expenditure that is comprised of—\nelectoral expenditure; or\na gift made to or for the benefit of—\na registered political party that endorses a candidate in the election; or\na candidate in the election; or\na group of candidates for the election, a member of the group or a person acting on behalf of the group; or\na gift made to another person on the understanding that the person, or another person, uses the gift (directly or indirectly) to incur expenditure mentioned in paragraph (a) or (b) .\ns 118A ins 2019 No. 30 s 230\namd 2023 No. 8 s 32\n(sec.118A-ssec.1) This section applies to a third party for an election if— the third party receives a gift of a value of $500 or more from an entity during the disclosure period for an election; and the entity that is the source of the gift intended the gift to be used, wholly or in part— by the recipient of the gift to incur political expenditure; or as reimbursement for political expenditure incurred by the recipient of the gift; and the third party used the gift, wholly or in part— to incur political expenditure for the election; or as reimbursement for political expenditure for the election incurred by the third party.\n(sec.118A-ssec.2) The third party must give the electoral commission a return about the gift by the disclosure deadline for the return.\n(sec.118A-ssec.3) The return must— be in the approved form; and state the relevant details for the gift.\n(sec.118A-ssec.4) Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election that states— the total value of all gifts received by the party during the disclosure period; and the number of entities that made the gifts.\n(sec.118A-ssec.5) For subsection (1) (a) , the value of a gift made to the third party by an entity is taken to include the value of all other gifts made to the third party by the same entity during the disclosure period.\n(sec.118A-ssec.6) In this section— political expenditure , for an election, means expenditure that is comprised of— electoral expenditure; or a gift made to or for the benefit of— a registered political party that endorses a candidate in the election; or a candidate in the election; or a group of candidates for the election, a member of the group or a person acting on behalf of the group; or a gift made to another person on the understanding that the person, or another person, uses the gift (directly or indirectly) to incur expenditure mentioned in paragraph (a) or (b) .\n- (a) the third party receives a gift of a value of $500 or more from an entity during the disclosure period for an election; and\n- (b) the entity that is the source of the gift intended the gift to be used, wholly or in part— (i) by the recipient of the gift to incur political expenditure; or (ii) as reimbursement for political expenditure incurred by the recipient of the gift; and\n- (i) by the recipient of the gift to incur political expenditure; or\n- (ii) as reimbursement for political expenditure incurred by the recipient of the gift; and\n- (c) the third party used the gift, wholly or in part— (i) to incur political expenditure for the election; or (ii) as reimbursement for political expenditure for the election incurred by the third party.\n- (i) to incur political expenditure for the election; or\n- (ii) as reimbursement for political expenditure for the election incurred by the third party.\n- (i) by the recipient of the gift to incur political expenditure; or\n- (ii) as reimbursement for political expenditure incurred by the recipient of the gift; and\n- (i) to incur political expenditure for the election; or\n- (ii) as reimbursement for political expenditure for the election incurred by the third party.\n- (a) be in the approved form; and\n- (b) state the relevant details for the gift.\n- (a) the total value of all gifts received by the party during the disclosure period; and\n- (b) the number of entities that made the gifts.\n- (a) electoral expenditure; or\n- (b) a gift made to or for the benefit of— (i) a registered political party that endorses a candidate in the election; or (ii) a candidate in the election; or (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or\n- (c) a gift made to another person on the understanding that the person, or another person, uses the gift (directly or indirectly) to incur expenditure mentioned in paragraph (a) or (b) .\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or","sortOrder":198},{"sectionNumber":"sec.118B","sectionType":"section","heading":"Gifts made by third parties","content":"### sec.118B Gifts made by third parties\n\nThis section applies if a third party for an election, during the third party’s disclosure period for the election, makes a gift of a value equal to or more than $500—\nto or for the benefit of—\na registered political party that endorses a candidate in the election; or\na candidate in the election; or\na group of candidates for the election, a member of the group or a person acting on behalf of the group; or\nto another person on the understanding that the person, or another person, uses the gift (directly or indirectly)—\nto incur electoral expenditure; or\nto make a gift to or for the benefit of a person mentioned in paragraph (a) (i) , (ii) or (iii) .\nThe third party must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\nEach return must—\nbe in the approved form; and\nstate—\nthe value of the gift; and\nwhen the gift was made; and\nthe name of the entity to whom, or for whose benefit, the gift was made; and\nif the third party is not the source of the gift, the relevant details for the gift mentioned in section 109 (2) .\nAlso, the third party must give the electoral commission a return, in the approved form, within the required period for the election about the total value of the gifts made by the third party during the third party’s disclosure period for the election.\nFor subsection (1) , a gift made by the third party for 2 or more elections is taken to have been made by the third party for each of the elections.\nAlso, for subsection (1) , the value of a gift is taken to include the value of all other gifts previously made by the third party during the third party’s disclosure period for the election to or for the benefit of the same entity.\ns 118B ins 2023 No. 8 s 33\n(sec.118B-ssec.1) This section applies if a third party for an election, during the third party’s disclosure period for the election, makes a gift of a value equal to or more than $500— to or for the benefit of— a registered political party that endorses a candidate in the election; or a candidate in the election; or a group of candidates for the election, a member of the group or a person acting on behalf of the group; or to another person on the understanding that the person, or another person, uses the gift (directly or indirectly)— to incur electoral expenditure; or to make a gift to or for the benefit of a person mentioned in paragraph (a) (i) , (ii) or (iii) .\n(sec.118B-ssec.2) The third party must give the electoral commission a return about the gift on or before the disclosure deadline for the return.\n(sec.118B-ssec.3) Each return must— be in the approved form; and state— the value of the gift; and when the gift was made; and the name of the entity to whom, or for whose benefit, the gift was made; and if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109 (2) .\n(sec.118B-ssec.4) Also, the third party must give the electoral commission a return, in the approved form, within the required period for the election about the total value of the gifts made by the third party during the third party’s disclosure period for the election.\n(sec.118B-ssec.5) For subsection (1) , a gift made by the third party for 2 or more elections is taken to have been made by the third party for each of the elections.\n(sec.118B-ssec.6) Also, for subsection (1) , the value of a gift is taken to include the value of all other gifts previously made by the third party during the third party’s disclosure period for the election to or for the benefit of the same entity.\n- (a) to or for the benefit of— (i) a registered political party that endorses a candidate in the election; or (ii) a candidate in the election; or (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or\n- (b) to another person on the understanding that the person, or another person, uses the gift (directly or indirectly)— (i) to incur electoral expenditure; or (ii) to make a gift to or for the benefit of a person mentioned in paragraph (a) (i) , (ii) or (iii) .\n- (i) to incur electoral expenditure; or\n- (ii) to make a gift to or for the benefit of a person mentioned in paragraph (a) (i) , (ii) or (iii) .\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election, a member of the group or a person acting on behalf of the group; or\n- (i) to incur electoral expenditure; or\n- (ii) to make a gift to or for the benefit of a person mentioned in paragraph (a) (i) , (ii) or (iii) .\n- (a) be in the approved form; and\n- (b) state— (i) the value of the gift; and (ii) when the gift was made; and (iii) the name of the entity to whom, or for whose benefit, the gift was made; and (iv) if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109 (2) .\n- (i) the value of the gift; and\n- (ii) when the gift was made; and\n- (iii) the name of the entity to whom, or for whose benefit, the gift was made; and\n- (iv) if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109 (2) .\n- (i) the value of the gift; and\n- (ii) when the gift was made; and\n- (iii) the name of the entity to whom, or for whose benefit, the gift was made; and\n- (iv) if the third party is not the source of the gift, the relevant details for the gift mentioned in section 109 (2) .","sortOrder":199},{"sectionNumber":"sec.119","sectionType":"section","heading":"Receiving anonymous gifts prohibited","content":"### sec.119 Receiving anonymous gifts prohibited\n\nA candidate for an election, or a person acting on behalf of the candidate, must not, during the candidate’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the candidate unless—\nthe relevant details for the gift are known to the person receiving the gift; or\nwhen the gift is made—\nthe entity giving the gift gives to the person receiving the gift details of the gift; and\nthe person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\nA group of candidates for an election, or a person acting on behalf of the group, must not, during the group’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the group of candidates unless—\nthe relevant details for the gift are known to the group or person receiving the gift; or\nwhen the gift is made—\nthe entity making the gift gives the group or person receiving the gift details of the gift; and\nthe group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\nFor this section, the value of a gift is taken to include the value of all other gifts previously received by the candidate, group of candidates or person acting on behalf of the candidate or group, from the same entity during the candidate’s or group’s disclosure period.\nIn this section—\nprescribed gift means a gift with a value of at least $500.\ns 119 amd 2017 No. 12 s 18 ; 2019 No. 30 s 231\n(sec.119-ssec.1) A candidate for an election, or a person acting on behalf of the candidate, must not, during the candidate’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the candidate unless— the relevant details for the gift are known to the person receiving the gift; or when the gift is made— the entity giving the gift gives to the person receiving the gift details of the gift; and the person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n(sec.119-ssec.2) A group of candidates for an election, or a person acting on behalf of the group, must not, during the group’s disclosure period for the election, receive a prescribed gift made to, or for the benefit of, the group of candidates unless— the relevant details for the gift are known to the group or person receiving the gift; or when the gift is made— the entity making the gift gives the group or person receiving the gift details of the gift; and the group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n(sec.119-ssec.3) For this section, the value of a gift is taken to include the value of all other gifts previously received by the candidate, group of candidates or person acting on behalf of the candidate or group, from the same entity during the candidate’s or group’s disclosure period.\n(sec.119-ssec.4) In this section— prescribed gift means a gift with a value of at least $500.\n- (a) the relevant details for the gift are known to the person receiving the gift; or\n- (b) when the gift is made— (i) the entity giving the gift gives to the person receiving the gift details of the gift; and (ii) the person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n- (i) the entity giving the gift gives to the person receiving the gift details of the gift; and\n- (ii) the person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n- (i) the entity giving the gift gives to the person receiving the gift details of the gift; and\n- (ii) the person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n- (a) the relevant details for the gift are known to the group or person receiving the gift; or\n- (b) when the gift is made— (i) the entity making the gift gives the group or person receiving the gift details of the gift; and (ii) the group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n- (i) the entity making the gift gives the group or person receiving the gift details of the gift; and\n- (ii) the group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.\n- (i) the entity making the gift gives the group or person receiving the gift details of the gift; and\n- (ii) the group or person receiving the gift has no reasonable grounds to believe that the details given are not the correct relevant details for the gift.","sortOrder":200},{"sectionNumber":"sec.119A","sectionType":"section","heading":"How subdivision applies to gifts that are returned within 6 weeks","content":"### sec.119A How subdivision applies to gifts that are returned within 6 weeks\n\nSubject to subsection (2) , this subdivision does not apply to a gift that is returned in full within 6 weeks after its receipt.\nIf the gift is returned in full within 6 weeks after its receipt, any return under this subdivision that includes the value of the gift must also include a statement to the effect that the gift was returned.\ns 119A ins 2023 No. 8 s 34\n(sec.119A-ssec.1) Subject to subsection (2) , this subdivision does not apply to a gift that is returned in full within 6 weeks after its receipt.\n(sec.119A-ssec.2) If the gift is returned in full within 6 weeks after its receipt, any return under this subdivision that includes the value of the gift must also include a statement to the effect that the gift was returned.","sortOrder":201},{"sectionNumber":"sec.119B","sectionType":"section","heading":"How subdivision applies to particular gifts used for electoral purposes","content":"### sec.119B How subdivision applies to particular gifts used for electoral purposes\n\nThis section applies in relation to a gift, to the extent section 107 (5) applies to the gift.\nSection 107 (5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.\nThe person who made the gift is not required to comply with a requirement under this subdivision to give the electoral commission a return about the gift.\nA return about the gift given under this subdivision by the person who received the gift must state—\nthat, when the gift was made—\nit was made in a private capacity for the recipient’s private use; and\nthe recipient did not intend to use the gift for an electoral purpose; and\nthe gift was used for the electoral purpose; and\nthe day on which the gift was used for the electoral purpose.\nIn this section—\nelectoral purpose see section 107 (6) .\ns 119B ins 2023 No. 8 s 34\n(sec.119B-ssec.1) This section applies in relation to a gift, to the extent section 107 (5) applies to the gift. Section 107 (5) deals with a gift made in a private capacity for the recipient’s personal use if the gift, or part of the gift, is later used for an electoral purpose.\n(sec.119B-ssec.2) The person who made the gift is not required to comply with a requirement under this subdivision to give the electoral commission a return about the gift.\n(sec.119B-ssec.3) A return about the gift given under this subdivision by the person who received the gift must state— that, when the gift was made— it was made in a private capacity for the recipient’s private use; and the recipient did not intend to use the gift for an electoral purpose; and the gift was used for the electoral purpose; and the day on which the gift was used for the electoral purpose.\n(sec.119B-ssec.4) In this section— electoral purpose see section 107 (6) .\n- (a) that, when the gift was made— (i) it was made in a private capacity for the recipient’s private use; and (ii) the recipient did not intend to use the gift for an electoral purpose; and\n- (i) it was made in a private capacity for the recipient’s private use; and\n- (ii) the recipient did not intend to use the gift for an electoral purpose; and\n- (b) the gift was used for the electoral purpose; and\n- (c) the day on which the gift was used for the electoral purpose.\n- (i) it was made in a private capacity for the recipient’s private use; and\n- (ii) the recipient did not intend to use the gift for an electoral purpose; and","sortOrder":202},{"sectionNumber":"sec.120","sectionType":"section","heading":"Loans to candidates or groups of candidates","content":"### sec.120 Loans to candidates or groups of candidates\n\nSubsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a loan equal to or more than $500.\nThe agent of the candidate must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\nSubsection (4) applies if, during the disclosure period for a group of candidates for an election, the group receives a loan equal to or more than $500.\nThe agent of the group must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\nEach return given under subsection (2) or (4) must—\nbe in the approved form; and\nstate the relevant details for the loan.\nAlso, the agent of a candidate in an election or group of candidates for an election must, within the required period for the election, give the electoral commission a return in the approved form, stating—\nif the candidate or group received loans during the disclosure period—\nthe total value of all loans received during the disclosure period; and\nthe number of entities who made the loans; or\notherwise—that no loans were received by the candidate or group during the disclosure period.\nSee also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.\nFor subsections (1) and (3) , the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.\nSubsection (9) applies if the electoral commission receives a return under subsection (6) from—\nthe agent of a candidate who is successful in the election; or\nthe agent of a group of candidates, any of whose members are successful in the election.\nThe electoral commission must give a copy of the return to—\nthe chief executive officer of the local government for which the election was held; and\nif the return is received from the agent of a group of candidates—each successful candidate who is a member of the group.\ns 120 amd 2014 No. 44 s 83\nsub 2017 No. 12 s 19\namd 2019 No. 30 s 233 ; 2023 No. 8 s 35\n(sec.120-ssec.1) Subsection (2) applies if, during a candidate’s disclosure period for an election, the candidate receives a loan equal to or more than $500.\n(sec.120-ssec.2) The agent of the candidate must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\n(sec.120-ssec.3) Subsection (4) applies if, during the disclosure period for a group of candidates for an election, the group receives a loan equal to or more than $500.\n(sec.120-ssec.4) The agent of the group must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\n(sec.120-ssec.5) Each return given under subsection (2) or (4) must— be in the approved form; and state the relevant details for the loan.\n(sec.120-ssec.6) Also, the agent of a candidate in an election or group of candidates for an election must, within the required period for the election, give the electoral commission a return in the approved form, stating— if the candidate or group received loans during the disclosure period— the total value of all loans received during the disclosure period; and the number of entities who made the loans; or otherwise—that no loans were received by the candidate or group during the disclosure period. See also section 43E in relation to candidates who have stopped being members of a group of candidates and section 43F in relation to groups of candidates that have been wound up.\n(sec.120-ssec.7) For subsections (1) and (3) , the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.\n(sec.120-ssec.8) Subsection (9) applies if the electoral commission receives a return under subsection (6) from— the agent of a candidate who is successful in the election; or the agent of a group of candidates, any of whose members are successful in the election.\n(sec.120-ssec.9) The electoral commission must give a copy of the return to— the chief executive officer of the local government for which the election was held; and if the return is received from the agent of a group of candidates—each successful candidate who is a member of the group.\n- (a) be in the approved form; and\n- (b) state the relevant details for the loan.\n- (a) if the candidate or group received loans during the disclosure period— (i) the total value of all loans received during the disclosure period; and (ii) the number of entities who made the loans; or\n- (i) the total value of all loans received during the disclosure period; and\n- (ii) the number of entities who made the loans; or\n- (b) otherwise—that no loans were received by the candidate or group during the disclosure period.\n- (i) the total value of all loans received during the disclosure period; and\n- (ii) the number of entities who made the loans; or\n- (a) the agent of a candidate who is successful in the election; or\n- (b) the agent of a group of candidates, any of whose members are successful in the election.\n- (a) the chief executive officer of the local government for which the election was held; and\n- (b) if the return is received from the agent of a group of candidates—each successful candidate who is a member of the group.","sortOrder":203},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Loans to associated entities of candidates or groups of candidates","content":"### sec.120A Loans to associated entities of candidates or groups of candidates\n\nThis section applies if an entity—\nreceives a loan—\nduring a reporting period; and\nwhen the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\nthe amount of the loan is equal to or more than $500.\nThe financial controller of the associated entity must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\nEach return must—\nbe in the approved form; and\nstate the relevant details for the loan.\nFor subsection (1) , the amount of a loan is taken to include the amount of all other loans previously given to the associated entity by the same entity during the reporting period.\ns 120A ins 2023 No. 8 s 36\n(sec.120A-ssec.1) This section applies if an entity— receives a loan— during a reporting period; and when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and the amount of the loan is equal to or more than $500.\n(sec.120A-ssec.2) The financial controller of the associated entity must give the electoral commission a return about the loan on or before the disclosure deadline for the return.\n(sec.120A-ssec.3) Each return must— be in the approved form; and state the relevant details for the loan.\n(sec.120A-ssec.4) For subsection (1) , the amount of a loan is taken to include the amount of all other loans previously given to the associated entity by the same entity during the reporting period.\n- (a) receives a loan— (i) during a reporting period; and (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (i) during a reporting period; and\n- (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (b) the amount of the loan is equal to or more than $500.\n- (i) during a reporting period; and\n- (ii) when the entity is an associated entity of a candidate in an election or a group of candidates for an election; and\n- (a) be in the approved form; and\n- (b) state the relevant details for the loan.","sortOrder":204},{"sectionNumber":"sec.121","sectionType":"section","heading":"Particular loans not to be received","content":"### sec.121 Particular loans not to be received\n\nA candidate for an election, or person acting on behalf of the candidate, must not receive a loan of $500 or more from a person during the candidate’s disclosure period for the election unless the candidate or person keeps a record of the loan.\nA group of candidates for an election, or person acting on behalf of the group of candidates, must not receive a loan of $500 or more from a person during the group’s disclosure period for the election unless the group or person keeps a record of the loan.\nThe record under subsection (1) or (2) must state the following—\nthe terms of the loan;\nif the loan was received from a registered industrial organisation—\nthe name of the organisation; and\nthe names and addresses of the members of the executive committee, however described, of the organisation;\nif the loan was received from an unincorporated association—\nthe name of the association; and\nunless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association;\nif the loan was paid out of a trust fund or out of the funds of a foundation—\nthe names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\nthe title or other description of the trust fund, or the name of the foundation; and\nif the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender;\nif none of paragraphs (b) , (c) and (d) applies—the name and residential or business address of the person.\nFor subsections (1) and (2) , the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.\ns 121 amd 2017 No. 12 s 20 ; 2019 No. 30 s 234 ; 2023 No. 8 s 37\n(sec.121-ssec.1) A candidate for an election, or person acting on behalf of the candidate, must not receive a loan of $500 or more from a person during the candidate’s disclosure period for the election unless the candidate or person keeps a record of the loan.\n(sec.121-ssec.2) A group of candidates for an election, or person acting on behalf of the group of candidates, must not receive a loan of $500 or more from a person during the group’s disclosure period for the election unless the group or person keeps a record of the loan.\n(sec.121-ssec.3) The record under subsection (1) or (2) must state the following— the terms of the loan; if the loan was received from a registered industrial organisation— the name of the organisation; and the names and addresses of the members of the executive committee, however described, of the organisation; if the loan was received from an unincorporated association— the name of the association; and unless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association; if the loan was paid out of a trust fund or out of the funds of a foundation— the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and the title or other description of the trust fund, or the name of the foundation; and if the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender; if none of paragraphs (b) , (c) and (d) applies—the name and residential or business address of the person.\n(sec.121-ssec.4) For subsections (1) and (2) , the amount of a loan received by the candidate or group is taken to include the value of all other loans previously given to the candidate or group by the same entity during the disclosure period.\n- (a) the terms of the loan;\n- (b) if the loan was received from a registered industrial organisation— (i) the name of the organisation; and (ii) the names and addresses of the members of the executive committee, however described, of the organisation;\n- (i) the name of the organisation; and\n- (ii) the names and addresses of the members of the executive committee, however described, of the organisation;\n- (c) if the loan was received from an unincorporated association— (i) the name of the association; and (ii) unless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association;\n- (i) the name of the association; and\n- (ii) unless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association;\n- (d) if the loan was paid out of a trust fund or out of the funds of a foundation— (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and (ii) the title or other description of the trust fund, or the name of the foundation; and (iii) if the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender;\n- (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\n- (ii) the title or other description of the trust fund, or the name of the foundation; and\n- (iii) if the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender;\n- (e) if none of paragraphs (b) , (c) and (d) applies—the name and residential or business address of the person.\n- (i) the name of the organisation; and\n- (ii) the names and addresses of the members of the executive committee, however described, of the organisation;\n- (i) the name of the association; and\n- (ii) unless the association is a registered industrial organisation—the names and residential or business addresses of the members of the executive committee, however described, of the association;\n- (i) the names and residential or business addresses of the trustees of the fund or other persons responsible for the funds of the foundation; and\n- (ii) the title or other description of the trust fund, or the name of the foundation; and\n- (iii) if the loan is made out of a trust account of a lawyer or accountant under the instructions of a person who is in substance the lender—the name and residential or business address of the lender;","sortOrder":205},{"sectionNumber":"sec.121A","sectionType":"section","heading":"When an entity is the source of a gift or loan","content":"### sec.121A When an entity is the source of a gift or loan\n\nAn entity is the source of a gift (the ultimate gift ) made to another entity (the ultimate recipient ) if—\nthe entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and\nthe entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and\nthe first recipient, or another person, makes the ultimate gift to the ultimate recipient; and\nthe first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift.\nAn entity is the source of a loan (the ultimate loan ) made to another entity (the ultimate recipient ) if—\nthe entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and\nthe entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and\nthe first recipient, or another person, makes the ultimate loan to the ultimate recipient; and\nthe first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate loan.\ns 121A ins 2019 No. 30 s 235\n(sec.121A-ssec.1) An entity is the source of a gift (the ultimate gift ) made to another entity (the ultimate recipient ) if— the entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift.\n(sec.121A-ssec.2) An entity is the source of a loan (the ultimate loan ) made to another entity (the ultimate recipient ) if— the entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate loan.\n- (a) the entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and\n- (b) the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate gift to the ultimate recipient; and\n- (c) the first recipient, or another person, makes the ultimate gift to the ultimate recipient; and\n- (d) the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate gift.\n- (a) the entity makes a gift or loan (the first gift or loan ) to another entity (the first recipient ); and\n- (b) the entity’s main purpose in making the first gift or loan is to enable (directly or indirectly) the first recipient, or another person, to make the ultimate loan to the ultimate recipient; and\n- (c) the first recipient, or another person, makes the ultimate loan to the ultimate recipient; and\n- (d) the first gift or loan enabled (directly or indirectly) the first recipient, or the other person, to make the ultimate loan.","sortOrder":206},{"sectionNumber":"sec.121B","sectionType":"section","heading":"Donor must disclose source of gift or loan","content":"### sec.121B Donor must disclose source of gift or loan\n\nThis section applies to an entity that—\nmakes a gift of a value of $500 or more, or a loan of $500 or more, to—\na registered political party that endorses a candidate in an election; or\na candidate in an election; or\na group of candidates for an election; or\nan associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or\nmakes a gift mentioned in section 118A (1) to a third party.\nWhen the entity makes the gift or loan, the entity must give the recipient of the gift or loan a notice that states—\nthe relevant details of the gift or loan in relation to the entity; and\nif the entity is not the source of the gift or loan—\nthat fact; and\nthe relevant details of the gift or loan in relation to the entity that is the source of the gift or loan.\nMaximum penalty—20 penalty units.\ns 121B ins 2019 No. 30 s 235\namd 2023 No. 8 s 38\n(sec.121B-ssec.1) This section applies to an entity that— makes a gift of a value of $500 or more, or a loan of $500 or more, to— a registered political party that endorses a candidate in an election; or a candidate in an election; or a group of candidates for an election; or an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or makes a gift mentioned in section 118A (1) to a third party.\n(sec.121B-ssec.2) When the entity makes the gift or loan, the entity must give the recipient of the gift or loan a notice that states— the relevant details of the gift or loan in relation to the entity; and if the entity is not the source of the gift or loan— that fact; and the relevant details of the gift or loan in relation to the entity that is the source of the gift or loan. Maximum penalty—20 penalty units.\n- (a) makes a gift of a value of $500 or more, or a loan of $500 or more, to— (i) a registered political party that endorses a candidate in an election; or (ii) a candidate in an election; or (iii) a group of candidates for an election; or (iv) an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election; or\n- (iv) an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or\n- (b) makes a gift mentioned in section 118A (1) to a third party.\n- (i) a registered political party that endorses a candidate in an election; or\n- (ii) a candidate in an election; or\n- (iii) a group of candidates for an election; or\n- (iv) an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election; or\n- (a) the relevant details of the gift or loan in relation to the entity; and\n- (b) if the entity is not the source of the gift or loan— (i) that fact; and (ii) the relevant details of the gift or loan in relation to the entity that is the source of the gift or loan.\n- (i) that fact; and\n- (ii) the relevant details of the gift or loan in relation to the entity that is the source of the gift or loan.\n- (i) that fact; and\n- (ii) the relevant details of the gift or loan in relation to the entity that is the source of the gift or loan.","sortOrder":207},{"sectionNumber":"sec.121C","sectionType":"section","heading":"Recovery of prohibited gifts or loans","content":"### sec.121C Recovery of prohibited gifts or loans\n\nIf a person receives a gift in contravention of section 119 , or a loan in contravention of section 121 , an amount equal to the amount or value of the gift or loan is payable by the person to the State.\nThe amount may be recovered by the State as a debt due to the State from—\nif the recipient is a candidate—the candidate or the candidate’s agent; or\nif the recipient is a group of candidates—the members of the group or the group’s agent; or\notherwise—the recipient.\nIf, under subsection (2) , the amount may be recovered from 2 or more persons, those persons are jointly and severally liable for the amount.\nAn action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.\nAny process in the action required to be served on the State may be served on the electoral commission.\ns 121C ins 2019 No. 30 s 235\namd 2023 No. 8 s 39\n(sec.121C-ssec.1) If a person receives a gift in contravention of section 119 , or a loan in contravention of section 121 , an amount equal to the amount or value of the gift or loan is payable by the person to the State.\n(sec.121C-ssec.2) The amount may be recovered by the State as a debt due to the State from— if the recipient is a candidate—the candidate or the candidate’s agent; or if the recipient is a group of candidates—the members of the group or the group’s agent; or otherwise—the recipient.\n(sec.121C-ssec.3) If, under subsection (2) , the amount may be recovered from 2 or more persons, those persons are jointly and severally liable for the amount.\n(sec.121C-ssec.4) An action in a court to recover an amount due to the State under this section may be brought in the name of the electoral commission.\n(sec.121C-ssec.5) Any process in the action required to be served on the State may be served on the electoral commission.\n- (a) if the recipient is a candidate—the candidate or the candidate’s agent; or\n- (b) if the recipient is a group of candidates—the members of the group or the group’s agent; or\n- (c) otherwise—the recipient.","sortOrder":208},{"sectionNumber":"sec.122","sectionType":"section","heading":"Requirement to notify the public about disclosure obligations","content":"### sec.122 Requirement to notify the public about disclosure obligations\n\nThis section applies if any of the following persons are required, under this division, to give the electoral commission a return about a gift or loan—\nthe agent of a candidate in an election;\nthe agent of a group of candidates for an election;\nthe financial controller of an associated entity of a candidate in an election or a group of candidates for an election;\na third party for an election to whom section 118A applies for the election.\nThe person must take reasonable steps to notify the public that the person is required—\nto give the return to the electoral commission; and\nto state the relevant details for the gift or loan in the return.\npublishing a notice on a website\nincluding a notice in a brochure distributed in the local government area or division of a local government area for which a candidate has been nominated for election\nMaximum penalty—1 penalty unit.\nA notification under subsection (2) must include a fair summary of the provisions under which the requirement arises.\ns 122 amd 2014 No. 44 s 84 ; 2017 No. 12 s 21\nsub 2019 No. 30 s 237 ; 2023 No. 8 s 40\n(sec.122-ssec.1) This section applies if any of the following persons are required, under this division, to give the electoral commission a return about a gift or loan— the agent of a candidate in an election; the agent of a group of candidates for an election; the financial controller of an associated entity of a candidate in an election or a group of candidates for an election; a third party for an election to whom section 118A applies for the election.\n(sec.122-ssec.2) The person must take reasonable steps to notify the public that the person is required— to give the return to the electoral commission; and to state the relevant details for the gift or loan in the return. publishing a notice on a website including a notice in a brochure distributed in the local government area or division of a local government area for which a candidate has been nominated for election Maximum penalty—1 penalty unit.\n(sec.122-ssec.3) A notification under subsection (2) must include a fair summary of the provisions under which the requirement arises.\n- (a) the agent of a candidate in an election;\n- (b) the agent of a group of candidates for an election;\n- (c) the financial controller of an associated entity of a candidate in an election or a group of candidates for an election;\n- (d) a third party for an election to whom section 118A applies for the election.\n- (a) to give the return to the electoral commission; and\n- (b) to state the relevant details for the gift or loan in the return.\n- • publishing a notice on a website\n- • including a notice in a brochure distributed in the local government area or division of a local government area for which a candidate has been nominated for election","sortOrder":209},{"sectionNumber":"sec.122A","sectionType":"section","heading":"Requirement to notify third party of obligation to give return under s 118B","content":"### sec.122A Requirement to notify third party of obligation to give return under s 118B\n\nThis section applies if—\na gift is made to or for the benefit of a candidate or group of candidates that is—\nof a value equal to or more than $500; and\ncomprised of a gift mentioned in section 118B (1) made by a third party for an election; or\na gift mentioned in section 118A (1) (a) is made to or for the benefit of a third party for the election by another third party for the election.\nWithin 7 business days after the gift is received by the recipient, the agent of the candidate or group of candidates, or the third party to or for whose benefit the gift was made, must give the third party who made the gift a notice that states the third party may be required, under section 118B , to give a return about the gift.\nMaximum penalty—20 penalty units.\ns 122A ins 2019 No. 30 s 237\nsub 2023 No. 8 s 40\n(sec.122A-ssec.1) This section applies if— a gift is made to or for the benefit of a candidate or group of candidates that is— of a value equal to or more than $500; and comprised of a gift mentioned in section 118B (1) made by a third party for an election; or a gift mentioned in section 118A (1) (a) is made to or for the benefit of a third party for the election by another third party for the election.\n(sec.122A-ssec.2) Within 7 business days after the gift is received by the recipient, the agent of the candidate or group of candidates, or the third party to or for whose benefit the gift was made, must give the third party who made the gift a notice that states the third party may be required, under section 118B , to give a return about the gift. Maximum penalty—20 penalty units.\n- (a) a gift is made to or for the benefit of a candidate or group of candidates that is— (i) of a value equal to or more than $500; and (ii) comprised of a gift mentioned in section 118B (1) made by a third party for an election; or\n- (i) of a value equal to or more than $500; and\n- (ii) comprised of a gift mentioned in section 118B (1) made by a third party for an election; or\n- (b) a gift mentioned in section 118A (1) (a) is made to or for the benefit of a third party for the election by another third party for the election.\n- (i) of a value equal to or more than $500; and\n- (ii) comprised of a gift mentioned in section 118B (1) made by a third party for an election; or","sortOrder":210},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Caps on electoral expenditure","content":"## Caps on electoral expenditure","sortOrder":211},{"sectionNumber":"sec.123","sectionType":"section","heading":"Definitions for division","content":"### sec.123 Definitions for division\n\nIn this division—\nexpenditure cap , for an election, in relation to a participant in the election, see section 123B .\nmaximum amount , for an election, means the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nA is the amount of an individual candidate’s expenditure cap for the election under section 123D .\nB is—\nif the office of mayor is to be filled in the election—1; or\notherwise—0.\nC is the amount of an individual candidate’s expenditure cap for the election under section 123E .\nD is the total number of vacant offices of councillors, other than mayor, to be filled in the election.\nM is the maximum amount for the election.\nnumber of enrolled electors , for an election, see section 123S (1) .\nrelevant day , for an election, see section 123S (3) and (4) .\ns 123 def required period om 2017 No. 12 s 22 (2)\ns 123 amd 2014 No. 44 s 85 ; 2017 No. 12 s 22\nsub 2019 No. 30 s 238 ; 2023 No. 8 s 41\n- (a) if the office of mayor is to be filled in the election—1; or\n- (b) otherwise—0.","sortOrder":212},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Meaning of capped expenditure period","content":"### sec.123A Meaning of capped expenditure period\n\nThe capped expenditure period , for an election, starts—\nfor a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or\nfor a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\nfor a fresh election—\nif, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or\notherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\nHowever, if before the day mentioned in subsection (1) (a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23 (3) , the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.\nThe capped expenditure period , for an election, ends at 6p.m. on the later of—\nthe polling day for the election; or\nif the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.\nSubsection (3) (b) applies despite section 53 (6) .\ns 123A ins 2023 No. 8 s 41\n(sec.123A-ssec.1) The capped expenditure period , for an election, starts— for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election— if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n(sec.123A-ssec.2) However, if before the day mentioned in subsection (1) (a) for a quadrennial election a regulation fixes a day for the quadrennial election under section 23 (3) , the capped expenditure period for the quadrennial election starts on a day prescribed by regulation for this subsection.\n(sec.123A-ssec.3) The capped expenditure period , for an election, ends at 6p.m. on the later of— the polling day for the election; or if the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.\n(sec.123A-ssec.4) Subsection (3) (b) applies despite section 53 (6) .\n- (a) for a quadrennial election—on the first business day after the last Saturday in August that occurs in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or\n- (b) for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\n- (c) for a fresh election— (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or\n- (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (i) if, when notice of the election is published on the electoral commission’s website under section 25 (1) , the capped expenditure period for a quadrennial election has started under paragraph (a) or subsection (2) —on the day the capped expenditure period started; or\n- (ii) otherwise—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (a) the polling day for the election; or\n- (b) if the poll at a polling booth for an election is adjourned under section 52A (3) or 53 (1) —the day the adjourned poll is held.","sortOrder":213},{"sectionNumber":"sec.123B","sectionType":"section","heading":"Expenditure caps for participants","content":"### sec.123B Expenditure caps for participants\n\nA participant’s expenditure cap for an election is the amount mentioned in subdivision 2 , 3 , 4 or 5 for the participant for the election.\ns 123B ins 2023 No. 8 s 41","sortOrder":214},{"sectionNumber":"sec.123C","sectionType":"section","heading":"How expenditure caps apply in local government areas and divisions","content":"### sec.123C How expenditure caps apply in local government areas and divisions\n\nThis section provides for how an expenditure cap for an election applies or is worked out for this division in relation to a participant in the election other than a third party that is not registered for the election.\nIf the election is a quadrennial election, an expenditure cap for the election applies, and is worked out, separately for each local government area.\nA registered political party endorses 2 candidates, X and Y, in local government A and 1 candidate, Z, in local government B for a quadrennial election. An expenditure cap would apply and be worked out for the party and candidates X and Y in relation to local government A for the election. Also, an expenditure cap would apply and be worked out for the party and candidate Z in relation to local government B for the election.\nIf the election is a fresh election, an expenditure cap for the election applies separately for each local government area.\nIf the election is a by-election to fill a vacancy in the office of mayor of a local government, an expenditure cap for the election applies for the local government’s area.\nIf the election is a by-election to fill a vacancy in the office of a councillor (other than mayor), an expenditure cap for the election applies separately for each local government area or, for a local government area that is divided, each division of the area.\nAn expenditure cap that applies for 1 local government area or a division of a local government area under this section can not be aggregated with an expenditure cap that applies for another local government area or division.\ns 123B ins 2023 No. 8 s 41\n(sec.123C-ssec.1) This section provides for how an expenditure cap for an election applies or is worked out for this division in relation to a participant in the election other than a third party that is not registered for the election.\n(sec.123C-ssec.2) If the election is a quadrennial election, an expenditure cap for the election applies, and is worked out, separately for each local government area. A registered political party endorses 2 candidates, X and Y, in local government A and 1 candidate, Z, in local government B for a quadrennial election. An expenditure cap would apply and be worked out for the party and candidates X and Y in relation to local government A for the election. Also, an expenditure cap would apply and be worked out for the party and candidate Z in relation to local government B for the election.\n(sec.123C-ssec.3) If the election is a fresh election, an expenditure cap for the election applies separately for each local government area.\n(sec.123C-ssec.4) If the election is a by-election to fill a vacancy in the office of mayor of a local government, an expenditure cap for the election applies for the local government’s area.\n(sec.123C-ssec.5) If the election is a by-election to fill a vacancy in the office of a councillor (other than mayor), an expenditure cap for the election applies separately for each local government area or, for a local government area that is divided, each division of the area.\n(sec.123C-ssec.6) An expenditure cap that applies for 1 local government area or a division of a local government area under this section can not be aggregated with an expenditure cap that applies for another local government area or division.","sortOrder":215},{"sectionNumber":"sec.123D","sectionType":"section","heading":"Individual candidates for mayor","content":"### sec.123D Individual candidates for mayor\n\nThis section applies for an individual candidate for election as mayor of a local government.\nIf the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $1.3m.\nFor a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is—\nif the number of enrolled electors for the election is not more than 30,000—$30,000; or\nif the number of enrolled electors for the election is more than 30,000 but not more than 150,000—the amount worked out by—\nmultiplying the number of enrolled electors for the election by $1; and\nrounding the result to the nearest $10 (rounding one-half upwards); or\nif the number of enrolled electors for the election is more than 150,000 but not more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nA is $150,000.\nB is $0.50.\nC is the number of enrolled electors for the election.\nD is 150,000.\nE is the expenditure cap; or\nif the number of enrolled electors for the election is more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nE is the expenditure cap.\nF is $175,000.\nG is $0.25.\nH is the number of enrolled electors for the election.\nI is 200,000.\nHowever, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q , the monetary amount is the amount most recently published by the electoral commission under section 123Q (6) .\ns 123D ins 2023 No. 8 s 41\n(sec.123D-ssec.1) This section applies for an individual candidate for election as mayor of a local government.\n(sec.123D-ssec.2) If the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $1.3m.\n(sec.123D-ssec.3) For a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is— if the number of enrolled electors for the election is not more than 30,000—$30,000; or if the number of enrolled electors for the election is more than 30,000 but not more than 150,000—the amount worked out by— multiplying the number of enrolled electors for the election by $1; and rounding the result to the nearest $10 (rounding one-half upwards); or if the number of enrolled electors for the election is more than 150,000 but not more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— A is $150,000. B is $0.50. C is the number of enrolled electors for the election. D is 150,000. E is the expenditure cap; or if the number of enrolled electors for the election is more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— E is the expenditure cap. F is $175,000. G is $0.25. H is the number of enrolled electors for the election. I is 200,000.\n(sec.123D-ssec.4) However, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q , the monetary amount is the amount most recently published by the electoral commission under section 123Q (6) .\n- (a) if the number of enrolled electors for the election is not more than 30,000—$30,000; or\n- (b) if the number of enrolled electors for the election is more than 30,000 but not more than 150,000—the amount worked out by— (i) multiplying the number of enrolled electors for the election by $1; and (ii) rounding the result to the nearest $10 (rounding one-half upwards); or\n- (i) multiplying the number of enrolled electors for the election by $1; and\n- (ii) rounding the result to the nearest $10 (rounding one-half upwards); or\n- (c) if the number of enrolled electors for the election is more than 150,000 but not more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— A is $150,000. B is $0.50. C is the number of enrolled electors for the election. D is 150,000. E is the expenditure cap; or\n- (d) if the number of enrolled electors for the election is more than 200,000—the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— E is the expenditure cap. F is $175,000. G is $0.25. H is the number of enrolled electors for the election. I is 200,000.\n- (i) multiplying the number of enrolled electors for the election by $1; and\n- (ii) rounding the result to the nearest $10 (rounding one-half upwards); or","sortOrder":216},{"sectionNumber":"sec.123E","sectionType":"section","heading":"Individual candidates for councillor (other than mayor)","content":"### sec.123E Individual candidates for councillor (other than mayor)\n\nThis section applies for an individual candidate for election as a councillor, other than mayor, of a local government.\nIf the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $55,000.\nFor a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is—\nif the number of enrolled electors for the election is 20,000 or less—$15,000; or\nif the number of enrolled electors for the election is more than 20,000 but less than 40,000—the amount worked out by—\nmultiplying the number of enrolled electors for the election by $0.75; and\nrounding the result to the nearest $10 (rounding one-half upwards); or\nif the number of enrolled electors for the election is 40,000 or more—$30,000.\nHowever, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q , the monetary amount is the amount most recently published by the electoral commission under section 123Q (6) .\ns 123E ins 2023 No. 8 s 41\n(sec.123E-ssec.1) This section applies for an individual candidate for election as a councillor, other than mayor, of a local government.\n(sec.123E-ssec.2) If the local government is the Brisbane City Council, the individual candidate’s expenditure cap for the election is $55,000.\n(sec.123E-ssec.3) For a local government other than the Brisbane City Council, the individual candidate’s expenditure cap for the election is— if the number of enrolled electors for the election is 20,000 or less—$15,000; or if the number of enrolled electors for the election is more than 20,000 but less than 40,000—the amount worked out by— multiplying the number of enrolled electors for the election by $0.75; and rounding the result to the nearest $10 (rounding one-half upwards); or if the number of enrolled electors for the election is 40,000 or more—$30,000.\n(sec.123E-ssec.4) However, if a monetary amount stated in subsection (2) or (3) has been adjusted under section 123Q , the monetary amount is the amount most recently published by the electoral commission under section 123Q (6) .\n- (a) if the number of enrolled electors for the election is 20,000 or less—$15,000; or\n- (b) if the number of enrolled electors for the election is more than 20,000 but less than 40,000—the amount worked out by— (i) multiplying the number of enrolled electors for the election by $0.75; and (ii) rounding the result to the nearest $10 (rounding one-half upwards); or\n- (i) multiplying the number of enrolled electors for the election by $0.75; and\n- (ii) rounding the result to the nearest $10 (rounding one-half upwards); or\n- (c) if the number of enrolled electors for the election is 40,000 or more—$30,000.\n- (i) multiplying the number of enrolled electors for the election by $0.75; and\n- (ii) rounding the result to the nearest $10 (rounding one-half upwards); or","sortOrder":217},{"sectionNumber":"sec.123F","sectionType":"section","heading":"Amount of expenditure cap—general","content":"### sec.123F Amount of expenditure cap—general\n\nThis section applies to—\na registered political party that endorses 1 or more candidates in an election; and\neach candidate who is, at any time during the capped expenditure period for the election, endorsed by the party for the election (each an endorsed candidate ).\nThe expenditure cap for the registered political party, and each endorsed candidate, for the election is the sum of the individual capped amounts for each of the endorsed candidates, up to the maximum amount for the election.\nThe expenditure cap under this section is shared by the registered political party and each endorsed candidate.\nIn this section—\nindividual capped amount , for a candidate endorsed by a registered political party for an election, means the amount that would be the candidate’s expenditure cap under subdivision 2 if the candidate were an individual candidate.\ns 123F ins 2023 No. 8 s 41\n(sec.123F-ssec.1) This section applies to— a registered political party that endorses 1 or more candidates in an election; and each candidate who is, at any time during the capped expenditure period for the election, endorsed by the party for the election (each an endorsed candidate ).\n(sec.123F-ssec.2) The expenditure cap for the registered political party, and each endorsed candidate, for the election is the sum of the individual capped amounts for each of the endorsed candidates, up to the maximum amount for the election.\n(sec.123F-ssec.3) The expenditure cap under this section is shared by the registered political party and each endorsed candidate.\n(sec.123F-ssec.4) In this section— individual capped amount , for a candidate endorsed by a registered political party for an election, means the amount that would be the candidate’s expenditure cap under subdivision 2 if the candidate were an individual candidate.\n- (a) a registered political party that endorses 1 or more candidates in an election; and\n- (b) each candidate who is, at any time during the capped expenditure period for the election, endorsed by the party for the election (each an endorsed candidate ).","sortOrder":218},{"sectionNumber":"sec.123G","sectionType":"section","heading":"New endorsement of candidate","content":"### sec.123G New endorsement of candidate\n\nThis section applies if, during the capped expenditure period for an election, a person becomes a candidate who is endorsed by a registered political party for the election.\nFor this division, electoral expenditure previously incurred by the person during the capped expenditure period is taken to have been incurred by the person as a candidate endorsed by the registered political party for the election.\nThis section applies subject to sections 123H (3) and 123K (3) .\ns 123G ins 2023 No. 8 s 41\n(sec.123G-ssec.1) This section applies if, during the capped expenditure period for an election, a person becomes a candidate who is endorsed by a registered political party for the election.\n(sec.123G-ssec.2) For this division, electoral expenditure previously incurred by the person during the capped expenditure period is taken to have been incurred by the person as a candidate endorsed by the registered political party for the election.\n(sec.123G-ssec.3) This section applies subject to sections 123H (3) and 123K (3) .","sortOrder":219},{"sectionNumber":"sec.123H","sectionType":"section","heading":"Ending of endorsement of candidate","content":"### sec.123H Ending of endorsement of candidate\n\nThis section applies if, during the capped expenditure period for an election, a candidate who is endorsed by a registered political party (the relevant party ) for the election stops being endorsed by the party for the election.\nthe relevant party withdraws its endorsement of the candidate\nthe candidate withdraws their agreement to the candidate’s nomination under section 30\nThe ending of the endorsement by the relevant party of the previously endorsed candidate for the election is the relevant event .\nFor this division, electoral expenditure that was incurred by the previously endorsed candidate during the capped expenditure period before the relevant event occurred is taken to have been incurred by the relevant party.\nDespite section 123F , the expenditure cap for the relevant party, and each continuing candidate, for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nA is the greater of—\nthe amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or\nthe amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\nB is the amount of the previously endorsed candidate’s expenditure cap as an individual candidate for the election under subsection (7) .\nE is the expenditure cap.\nHowever, the expenditure cap for the relevant party, and each continuing candidate for the election, can not be more than the maximum amount for the election.\nThe expenditure cap under subsection (4) is shared by the relevant party and each continuing candidate.\nDespite subdivision 2 , the previously endorsed candidate’s expenditure cap as an individual candidate for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nB is the expenditure cap.\nC is the amount that would otherwise be the candidate’s expenditure cap for the election under subdivision 2 .\nD is the greater of—\nthe amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or\nthe amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\nF is the amount of the electoral expenditure incurred, by the relevant party and each candidate who was endorsed by the party, during the capped expenditure period for the election before the relevant event occurred.\nIn this section—\ncontinuing candidate , in relation to the relevant party, means a candidate who is endorsed by the party for the election immediately after the relevant event occurs.\ns 123H ins 2023 No. 8 s 41\n(sec.123H-ssec.1) This section applies if, during the capped expenditure period for an election, a candidate who is endorsed by a registered political party (the relevant party ) for the election stops being endorsed by the party for the election. the relevant party withdraws its endorsement of the candidate the candidate withdraws their agreement to the candidate’s nomination under section 30\n(sec.123H-ssec.2) The ending of the endorsement by the relevant party of the previously endorsed candidate for the election is the relevant event .\n(sec.123H-ssec.3) For this division, electoral expenditure that was incurred by the previously endorsed candidate during the capped expenditure period before the relevant event occurred is taken to have been incurred by the relevant party.\n(sec.123H-ssec.4) Despite section 123F , the expenditure cap for the relevant party, and each continuing candidate, for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— A is the greater of— the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied. B is the amount of the previously endorsed candidate’s expenditure cap as an individual candidate for the election under subsection (7) . E is the expenditure cap.\n(sec.123H-ssec.5) However, the expenditure cap for the relevant party, and each continuing candidate for the election, can not be more than the maximum amount for the election.\n(sec.123H-ssec.6) The expenditure cap under subsection (4) is shared by the relevant party and each continuing candidate.\n(sec.123H-ssec.7) Despite subdivision 2 , the previously endorsed candidate’s expenditure cap as an individual candidate for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— B is the expenditure cap. C is the amount that would otherwise be the candidate’s expenditure cap for the election under subdivision 2 . D is the greater of— the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied. F is the amount of the electoral expenditure incurred, by the relevant party and each candidate who was endorsed by the party, during the capped expenditure period for the election before the relevant event occurred.\n(sec.123H-ssec.8) In this section— continuing candidate , in relation to the relevant party, means a candidate who is endorsed by the party for the election immediately after the relevant event occurs.\n- • the relevant party withdraws its endorsement of the candidate\n- • the candidate withdraws their agreement to the candidate’s nomination under section 30\n- (a) the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or\n- (b) the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\n- (a) the amount of the expenditure cap under section 123F for the relevant party, and each candidate who was endorsed by the party, for the election immediately before the relevant event occurred; or\n- (b) the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.","sortOrder":220},{"sectionNumber":"sec.123I","sectionType":"section","heading":"Amount of expenditure cap—general","content":"### sec.123I Amount of expenditure cap—general\n\nThis section applies to—\na group of candidates for an election; and\neach candidate who is, at any time during the capped expenditure period for the election, a member of the group (each a group member ).\nThe expenditure cap for the group of candidates, and each group member, for the election is the sum of the individual capped amounts for each of the group members, up to the maximum amount for the election.\nThe expenditure cap under this section is shared by the group members.\nIn this section—\nindividual capped amount , for a member of a group of candidates for an election, means the amount that would be the member’s expenditure cap under subdivision 2 if the member were an individual candidate.\ns 123I ins 2023 No. 8 s 41\n(sec.123I-ssec.1) This section applies to— a group of candidates for an election; and each candidate who is, at any time during the capped expenditure period for the election, a member of the group (each a group member ).\n(sec.123I-ssec.2) The expenditure cap for the group of candidates, and each group member, for the election is the sum of the individual capped amounts for each of the group members, up to the maximum amount for the election.\n(sec.123I-ssec.3) The expenditure cap under this section is shared by the group members.\n(sec.123I-ssec.4) In this section— individual capped amount , for a member of a group of candidates for an election, means the amount that would be the member’s expenditure cap under subdivision 2 if the member were an individual candidate.\n- (a) a group of candidates for an election; and\n- (b) each candidate who is, at any time during the capped expenditure period for the election, a member of the group (each a group member ).","sortOrder":221},{"sectionNumber":"sec.123J","sectionType":"section","heading":"Addition of group member","content":"### sec.123J Addition of group member\n\nThis section applies if, during the capped expenditure period for an election, a person becomes a candidate who is a member of a group of candidates under section 42 or 43 .\nFor this division, electoral expenditure previously incurred by the person during the capped expenditure period is taken to have been incurred by the person as a member of the group of candidates for the election.\nThis section applies subject to sections 123H (3) and 123K (3) .\ns 123J ins 2023 No. 8 s 41\n(sec.123J-ssec.1) This section applies if, during the capped expenditure period for an election, a person becomes a candidate who is a member of a group of candidates under section 42 or 43 .\n(sec.123J-ssec.2) For this division, electoral expenditure previously incurred by the person during the capped expenditure period is taken to have been incurred by the person as a member of the group of candidates for the election.\n(sec.123J-ssec.3) This section applies subject to sections 123H (3) and 123K (3) .","sortOrder":222},{"sectionNumber":"sec.123K","sectionType":"section","heading":"Removal of group member","content":"### sec.123K Removal of group member\n\nThis section applies if, during the capped expenditure period for an election, a candidate who is a member of a group of candidates for the election stops being a member of the group for the election under section 43 or 43A .\nThe removal of the candidate (the previous group member ) from the group of candidates for the election is the relevant event .\nFor this division, electoral expenditure that was incurred by the previous group member during the capped expenditure period before the relevant event occurred is taken to have been incurred by the group of candidates.\nDespite section 123I , the expenditure cap for the group of candidates, and each continuing group member, for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nA is the greater of—\nthe amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or\nthe amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\nB is the amount of the previous group member’s expenditure cap as an individual candidate for the election under subsection (7) .\nE is the expenditure cap.\nHowever, the expenditure cap for the group of candidates, and each continuing group member, for the election can not be more than the maximum amount for the election.\nThe expenditure cap under subsection (4) is shared by the continuing group members.\nDespite subdivision 2 , the previous group member’s expenditure cap as an individual candidate for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)—\nwhere—\nB is the expenditure cap.\nC is the amount that would otherwise be the candidate’s expenditure cap for the election under subdivision 2 .\nD is the greater of—\nthe amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or\nthe amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\nF is the amount of the electoral expenditure incurred, by the group of candidates and each candidate who was a member of the group, during the capped expenditure period for the election before the relevant event occurred.\nIn this section—\ncontinuing group member , in relation to a group of candidates mentioned in subsection (1) , means a candidate who is a member of the group of candidates after the relevant event occurs.\ns 123K ins 2023 No. 8 s 41\n(sec.123K-ssec.1) This section applies if, during the capped expenditure period for an election, a candidate who is a member of a group of candidates for the election stops being a member of the group for the election under section 43 or 43A .\n(sec.123K-ssec.2) The removal of the candidate (the previous group member ) from the group of candidates for the election is the relevant event .\n(sec.123K-ssec.3) For this division, electoral expenditure that was incurred by the previous group member during the capped expenditure period before the relevant event occurred is taken to have been incurred by the group of candidates.\n(sec.123K-ssec.4) Despite section 123I , the expenditure cap for the group of candidates, and each continuing group member, for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— A is the greater of— the amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied. B is the amount of the previous group member’s expenditure cap as an individual candidate for the election under subsection (7) . E is the expenditure cap.\n(sec.123K-ssec.5) However, the expenditure cap for the group of candidates, and each continuing group member, for the election can not be more than the maximum amount for the election.\n(sec.123K-ssec.6) The expenditure cap under subsection (4) is shared by the continuing group members.\n(sec.123K-ssec.7) Despite subdivision 2 , the previous group member’s expenditure cap as an individual candidate for the election is the amount worked out by using the following formula and rounding the result to the nearest $10 (rounding one-half upwards)— where— B is the expenditure cap. C is the amount that would otherwise be the candidate’s expenditure cap for the election under subdivision 2 . D is the greater of— the amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied. F is the amount of the electoral expenditure incurred, by the group of candidates and each candidate who was a member of the group, during the capped expenditure period for the election before the relevant event occurred.\n(sec.123K-ssec.8) In this section— continuing group member , in relation to a group of candidates mentioned in subsection (1) , means a candidate who is a member of the group of candidates after the relevant event occurs.\n- (a) the amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or\n- (b) the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.\n- (a) the amount of the expenditure cap under section 123I for the group of candidates, and each candidate who was a member of the group, for the election immediately before the relevant event occurred; or\n- (b) the amount that would have been the expenditure cap mentioned in paragraph (a) if the maximum amount for the election had not applied.","sortOrder":223},{"sectionNumber":"sec.123L","sectionType":"section","heading":"Registered third parties","content":"### sec.123L Registered third parties\n\nThis section applies for a registered third party for an election.\nThe registered third party’s expenditure cap for the election is—\nfor a quadrennial election or fresh election—the amount equal to an individual candidate’s expenditure cap for the election under section 123D ; or\nfor a by-election—the amount equal to an individual candidate’s expenditure cap for the election under subdivision 2 .\ns 123L ins 2023 No. 8 s 41\n(sec.123L-ssec.1) This section applies for a registered third party for an election.\n(sec.123L-ssec.2) The registered third party’s expenditure cap for the election is— for a quadrennial election or fresh election—the amount equal to an individual candidate’s expenditure cap for the election under section 123D ; or for a by-election—the amount equal to an individual candidate’s expenditure cap for the election under subdivision 2 .\n- (a) for a quadrennial election or fresh election—the amount equal to an individual candidate’s expenditure cap for the election under section 123D ; or\n- (b) for a by-election—the amount equal to an individual candidate’s expenditure cap for the election under subdivision 2 .","sortOrder":224},{"sectionNumber":"sec.123M","sectionType":"section","heading":"Unregistered third parties","content":"### sec.123M Unregistered third parties\n\nThis section applies for a third party for an election that is not registered for the election.\nThe third party’s expenditure cap for the election is $6,000.\ns 123M ins 2023 No. 8 s 41\n(sec.123M-ssec.1) This section applies for a third party for an election that is not registered for the election.\n(sec.123M-ssec.2) The third party’s expenditure cap for the election is $6,000.","sortOrder":225},{"sectionNumber":"sec.123N","sectionType":"section","heading":"Compliance with expenditure cap generally","content":"### sec.123N Compliance with expenditure cap generally\n\nThis section applies to the following participants in an election—\na candidate in the election;\neach member of a group of candidates for the election;\na registered political party that endorses a candidate in the election;\na registered third party for the election.\nThe participant, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—\nthe amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or\nboth of the following apply—\nthe amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election;\nthe participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\nMaximum penalty—1,500 penalty units or 10 years imprisonment.\nAn offence against subsection (2) is a crime.\nThis section applies subject to section 123T (4) .\nIn this section—\nother relevant electoral expenditure , in relation to a participant in an election mentioned in subsection (1) , means—\nother electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or\nif the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election.\ns 123N ins 2023 No. 8 s 41\n(sec.123N-ssec.1) This section applies to the following participants in an election— a candidate in the election; each member of a group of candidates for the election; a registered political party that endorses a candidate in the election; a registered third party for the election.\n(sec.123N-ssec.2) The participant, or a person acting with the participant’s authority, must not incur electoral expenditure during the capped expenditure period for the election if— the amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—1,500 penalty units or 10 years imprisonment.\n(sec.123N-ssec.3) An offence against subsection (2) is a crime.\n(sec.123N-ssec.4) This section applies subject to section 123T (4) .\n(sec.123N-ssec.5) In this section— other relevant electoral expenditure , in relation to a participant in an election mentioned in subsection (1) , means— other electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or if the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election.\n- (a) a candidate in the election;\n- (b) each member of a group of candidates for the election;\n- (c) a registered political party that endorses a candidate in the election;\n- (d) a registered third party for the election.\n- (a) the amount of the expenditure, by itself, exceeds the participant’s expenditure cap for the election; or\n- (b) both of the following apply— (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election; (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election;\n- (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (i) the amount of the expenditure exceeds the participant’s expenditure cap when added to other relevant electoral expenditure for the election;\n- (ii) the participant or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (a) other electoral expenditure incurred for the election by the participant, or with the participant’s authority, during the capped expenditure period for the election; or\n- (b) if the participant’s expenditure cap for the election is shared under subdivision 3 or 4 —other electoral expenditure incurred for the election by another participant with whom the expenditure cap is shared, or with the other participant’s authority, during the capped expenditure period for the election.","sortOrder":226},{"sectionNumber":"sec.123O","sectionType":"section","heading":"Compliance with expenditure cap—unregistered third party","content":"### sec.123O Compliance with expenditure cap—unregistered third party\n\nThis section applies to a third party for an election that is not registered for the election.\nThe third party, or a person acting with the third party’s authority, must not incur electoral expenditure during the capped expenditure period for the election if—\nthe amount of the expenditure, by itself, exceeds the third party’s expenditure cap for the election; or\nboth of the following apply—\nthe amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election;\nthe third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\nMaximum penalty—the greater of the following amounts—\nthe amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election;\n200 penalty units.\ns 123O ins 2023 No. 8 s 41\n(sec.123O-ssec.1) This section applies to a third party for an election that is not registered for the election.\n(sec.123O-ssec.2) The third party, or a person acting with the third party’s authority, must not incur electoral expenditure during the capped expenditure period for the election if— the amount of the expenditure, by itself, exceeds the third party’s expenditure cap for the election; or both of the following apply— the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded. Maximum penalty—the greater of the following amounts— the amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election; 200 penalty units.\n- (a) the amount of the expenditure, by itself, exceeds the third party’s expenditure cap for the election; or\n- (b) both of the following apply— (i) the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election; (ii) the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (i) the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election;\n- (ii) the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (i) the amount of the expenditure exceeds the third party’s expenditure cap when added to other electoral expenditure incurred for the election by the third party, or with the third party’s authority, during the capped expenditure period for the election;\n- (ii) the third party or person knows, or ought reasonably to know, the amount would result in the cap being exceeded.\n- (a) the amount that is equal to twice the amount by which the electoral expenditure exceeded the third party’s expenditure cap for the election;\n- (b) 200 penalty units.","sortOrder":227},{"sectionNumber":"sec.123P","sectionType":"section","heading":"Recovery of unlawful electoral expenditure","content":"### sec.123P Recovery of unlawful electoral expenditure\n\nThis section applies if a participant in an election, or a person acting with the participant’s authority, incurs unlawful electoral expenditure for the election.\nThe amount that is twice the amount of the unlawful electoral expenditure is payable to the State.\nThe amount may be recovered by the State as a debt due to the State from—\nif the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or\nif the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or\nif the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or\nif the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or\nif the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant.\nThe imposition of liability to pay an amount to the State under this section—\nis not a punishment or sentence for an offence against section 123N or 123O or any other offence; and\nis not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence.\nIn this section—\nunlawful electoral expenditure , for an election, in relation to a participant in the election, means electoral expenditure incurred for the election in contravention of section 123N or 123O , to the extent the expenditure exceeds the participant’s expenditure cap for the election as mentioned in the section.\ns 123P ins 2023 No. 8 s 41\n(sec.123P-ssec.1) This section applies if a participant in an election, or a person acting with the participant’s authority, incurs unlawful electoral expenditure for the election.\n(sec.123P-ssec.2) The amount that is twice the amount of the unlawful electoral expenditure is payable to the State.\n(sec.123P-ssec.3) The amount may be recovered by the State as a debt due to the State from— if the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or if the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant.\n(sec.123P-ssec.4) The imposition of liability to pay an amount to the State under this section— is not a punishment or sentence for an offence against section 123N or 123O or any other offence; and is not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence.\n(sec.123P-ssec.5) In this section— unlawful electoral expenditure , for an election, in relation to a participant in the election, means electoral expenditure incurred for the election in contravention of section 123N or 123O , to the extent the expenditure exceeds the participant’s expenditure cap for the election as mentioned in the section.\n- (a) if the unlawful electoral expenditure was incurred by or with the authority of a registered political party that endorsed a candidate in the election and is not a corporation—the party’s agent; or\n- (b) if the unlawful electoral expenditure was incurred by or with the authority of a candidate—the candidate or the candidate’s agent; or\n- (c) if the unlawful electoral expenditure was incurred by or with the authority of a group of candidates—the group’s agent; or\n- (d) if the unlawful electoral expenditure was incurred by or with the authority of a third party that is not a corporation—the third party’s agent; or\n- (e) if the unlawful electoral expenditure was incurred by or with the authority of another participant—the participant.\n- (a) is not a punishment or sentence for an offence against section 123N or 123O or any other offence; and\n- (b) is not a matter to which a court may have regard in sentencing an offender for an offence against section 123N or 123O or any other offence.","sortOrder":228},{"sectionNumber":"sec.123Q","sectionType":"section","heading":"Adjustment of expenditure caps","content":"### sec.123Q Adjustment of expenditure caps\n\nThis section applies to a monetary amount stated in section 123D (2) or (3) or 123E (2) or (3) (a relevant factor ), including a monetary amount stated in the section that has been adjusted by the operation of this section.\nHowever, a monetary amount stated in section 123D or 123E for the purpose of rounding is not a relevant factor.\nA relevant factor—\nis adjusted under this section 30 days after the polling day for each quadrennial election (the recent quadrennial election ); and\nas adjusted under this section, applies for each election that is held until the relevant factor is next adjusted under this section.\nA relevant factor is adjusted to the amount worked out by using the following formula and rounding the result as provided under subsection (5) —\nwhere—\nA is the relevant factor as adjusted.\nB is the amount of the relevant factor that applied immediately before its adjustment.\nC is the CPI number published for the last quarter that ended before the polling day for the recent quadrennial election.\nD is the CPI number for the last quarter that ended before the polling day for the quadrennial election last held before the recent quadrennial election.\nFor subsection (4) , the result must be rounded as follows—\nfor a relevant factor mentioned in section 123D (2) or (3) (a) , (c) , definition A or (d), definition F or 123E(2) or (3)(a) or (c)—to the nearest $10 (rounding one-half upwards);\nfor another relevant factor—to the nearest cent (rounding one-half upwards).\nAs soon as practicable after a relevant factor is adjusted under this section, the electoral commission must publish the amount of the relevant factor as adjusted on the electoral commission’s website.\nIn this section—\nCPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.\nquarter means the following periods in a year—\n1 January to 31 March;\n1 April to 30 June;\n1 July to 30 September;\n1 October to 31 December.\ns 123Q ins 2023 No. 8 s 41\n(sec.123Q-ssec.1) This section applies to a monetary amount stated in section 123D (2) or (3) or 123E (2) or (3) (a relevant factor ), including a monetary amount stated in the section that has been adjusted by the operation of this section.\n(sec.123Q-ssec.2) However, a monetary amount stated in section 123D or 123E for the purpose of rounding is not a relevant factor.\n(sec.123Q-ssec.3) A relevant factor— is adjusted under this section 30 days after the polling day for each quadrennial election (the recent quadrennial election ); and as adjusted under this section, applies for each election that is held until the relevant factor is next adjusted under this section.\n(sec.123Q-ssec.4) A relevant factor is adjusted to the amount worked out by using the following formula and rounding the result as provided under subsection (5) — where— A is the relevant factor as adjusted. B is the amount of the relevant factor that applied immediately before its adjustment. C is the CPI number published for the last quarter that ended before the polling day for the recent quadrennial election. D is the CPI number for the last quarter that ended before the polling day for the quadrennial election last held before the recent quadrennial election.\n(sec.123Q-ssec.5) For subsection (4) , the result must be rounded as follows— for a relevant factor mentioned in section 123D (2) or (3) (a) , (c) , definition A or (d), definition F or 123E(2) or (3)(a) or (c)—to the nearest $10 (rounding one-half upwards); for another relevant factor—to the nearest cent (rounding one-half upwards).\n(sec.123Q-ssec.6) As soon as practicable after a relevant factor is adjusted under this section, the electoral commission must publish the amount of the relevant factor as adjusted on the electoral commission’s website.\n(sec.123Q-ssec.7) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics. quarter means the following periods in a year— 1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December.\n- (a) is adjusted under this section 30 days after the polling day for each quadrennial election (the recent quadrennial election ); and\n- (b) as adjusted under this section, applies for each election that is held until the relevant factor is next adjusted under this section.\n- (a) for a relevant factor mentioned in section 123D (2) or (3) (a) , (c) , definition A or (d), definition F or 123E(2) or (3)(a) or (c)—to the nearest $10 (rounding one-half upwards);\n- (b) for another relevant factor—to the nearest cent (rounding one-half upwards).\n- (a) 1 January to 31 March;\n- (b) 1 April to 30 June;\n- (c) 1 July to 30 September;\n- (d) 1 October to 31 December.","sortOrder":229},{"sectionNumber":"sec.123R","sectionType":"section","heading":"Electoral commission must give notice of expenditure caps","content":"### sec.123R Electoral commission must give notice of expenditure caps\n\nFor an election, the electoral commission must publish a notice, on the electoral commission’s website, that states—\nthe amount of an expenditure cap for an individual candidate for the election; and\nthe amount of an expenditure cap for a registered third party for the election; and\na general outline of expenditure caps for other participants in the election.\nThe electoral commission must publish the notice—\nfor a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or\nfor a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\nfor a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\nAlso, as soon as practicable after the returning officer has certified the nomination of a person for an election under section 27 (3) (a) , the electoral commission must give the person a written notice that states—\nthe amount of the person’s expenditure cap as if the person were an individual candidate for the election; and\na general outline of expenditure caps for participants who are not individual candidates, including how the caps adjust during the capped expenditure period for the election under this division.\ns 123R ins 2023 No. 8 s 41\n(sec.123R-ssec.1) For an election, the electoral commission must publish a notice, on the electoral commission’s website, that states— the amount of an expenditure cap for an individual candidate for the election; and the amount of an expenditure cap for a registered third party for the election; and a general outline of expenditure caps for other participants in the election.\n(sec.123R-ssec.2) The electoral commission must publish the notice— for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n(sec.123R-ssec.3) Also, as soon as practicable after the returning officer has certified the nomination of a person for an election under section 27 (3) (a) , the electoral commission must give the person a written notice that states— the amount of the person’s expenditure cap as if the person were an individual candidate for the election; and a general outline of expenditure caps for participants who are not individual candidates, including how the caps adjust during the capped expenditure period for the election under this division.\n- (a) the amount of an expenditure cap for an individual candidate for the election; and\n- (b) the amount of an expenditure cap for a registered third party for the election; and\n- (c) a general outline of expenditure caps for other participants in the election.\n- (a) for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or\n- (b) for a by-election—on the day notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\n- (c) for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (a) the amount of the person’s expenditure cap as if the person were an individual candidate for the election; and\n- (b) a general outline of expenditure caps for participants who are not individual candidates, including how the caps adjust during the capped expenditure period for the election under this division.","sortOrder":230},{"sectionNumber":"sec.123S","sectionType":"section","heading":"Electoral commission to decide number of enrolled electors for election","content":"### sec.123S Electoral commission to decide number of enrolled electors for election\n\nThe number of enrolled electors , for an election, is the number of persons decided by the electoral commission under this section to be the number of enrolled electors for the election.\nThe number decided by the electoral commission under subsection (1) must be—\nfor an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or\nfor an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or\nfor an election for a councillor (other than mayor) of a division of a local government’s area—\nif the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)—\nwhere—\nA is the number of persons.\nB is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election.\nC is the total number of councillors to be elected for the election for the local government’s area.\nD is the number of councillors to be elected for the division of the local government’s area; or\nif the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.\nThe relevant day , for an election, is—\nfor a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or\nfor a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\nfor a fresh election—\nif, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or\notherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .\nHowever, if the capped expenditure period for a quadrennial election starts on a day prescribed by regulation under section 123A (2) , the relevant day for the quadrennial election is a day prescribed by regulation for this subsection.\nThe electoral commission must publish notice of the number of enrolled electors for an election on the electoral commission’s website—\nfor a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or\nfor a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or\nfor a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\nThis section does not apply in relation to an election for the Brisbane City Council.\ns 123S ins 2023 No. 8 s 41\n(sec.123S-ssec.1) The number of enrolled electors , for an election, is the number of persons decided by the electoral commission under this section to be the number of enrolled electors for the election.\n(sec.123S-ssec.2) The number decided by the electoral commission under subsection (1) must be— for an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or for an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or for an election for a councillor (other than mayor) of a division of a local government’s area— if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.\n(sec.123S-ssec.3) The relevant day , for an election, is— for a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or for a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election— if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .\n(sec.123S-ssec.4) However, if the capped expenditure period for a quadrennial election starts on a day prescribed by regulation under section 123A (2) , the relevant day for the quadrennial election is a day prescribed by regulation for this subsection.\n(sec.123S-ssec.5) The electoral commission must publish notice of the number of enrolled electors for an election on the electoral commission’s website— for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or for a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .\n(sec.123S-ssec.6) This section does not apply in relation to an election for the Brisbane City Council.\n- (a) for an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or\n- (b) for an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or\n- (c) for an election for a councillor (other than mayor) of a division of a local government’s area— (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.\n- (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or\n- (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.\n- (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or\n- (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.\n- (a) for a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or\n- (b) for a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or\n- (c) for a fresh election— (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or\n- (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or\n- (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .\n- (a) for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or\n- (b) for a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or\n- (c) for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .","sortOrder":231},{"sectionNumber":"sec.123T","sectionType":"section","heading":"Electoral expenditure incurred by particular councillors","content":"### sec.123T Electoral expenditure incurred by particular councillors\n\nThis section applies if—\na councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and\nthe councillor—\nannounces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or\ndoes not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 .\nFor section 123N , electoral expenditure incurred by or for the councillor during the capped expenditure period for the election mentioned in subsection (1) (b) is taken to have been incurred by or for the registered political party.\nHowever, subsection (2) applies only to electoral expenditure incurred by or for the councillor during any part of the capped expenditure period for the election for the local government for which—\nthe councillor is a member of the registered political party; and\nthe party endorses a candidate in the election for the local government.\nThe registered political party, a candidate endorsed by the party for the election or a person acting with the authority of the party or candidate does not commit an offence against section 123N if—\nthe party, candidate or person incurs electoral expenditure for the election; and\nthe expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and\nthe party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred.\nIn this section—\naggregated expenditure , for a registered political party, means electoral expenditure taken to have been incurred by or for the party under subsection (2) .\ns 123T ins 2023 No. 8 s 41\n(sec.123T-ssec.1) This section applies if— a councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and the councillor— announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 .\n(sec.123T-ssec.2) For section 123N , electoral expenditure incurred by or for the councillor during the capped expenditure period for the election mentioned in subsection (1) (b) is taken to have been incurred by or for the registered political party.\n(sec.123T-ssec.3) However, subsection (2) applies only to electoral expenditure incurred by or for the councillor during any part of the capped expenditure period for the election for the local government for which— the councillor is a member of the registered political party; and the party endorses a candidate in the election for the local government.\n(sec.123T-ssec.4) The registered political party, a candidate endorsed by the party for the election or a person acting with the authority of the party or candidate does not commit an offence against section 123N if— the party, candidate or person incurs electoral expenditure for the election; and the expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and the party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred.\n(sec.123T-ssec.5) In this section— aggregated expenditure , for a registered political party, means electoral expenditure taken to have been incurred by or for the party under subsection (2) .\n- (a) a councillor of a local government was endorsed by a registered political party for the election for which the councillor was elected; and\n- (b) the councillor— (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 .\n- (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or\n- (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 .\n- (i) announces or otherwise publicly indicates the councillor’s intention not to be a candidate in an election for a local government before the nomination day for the election; or\n- (ii) does not become a candidate for an election for a local government when the prescribed information for nominations is published on the electoral commission’s website under section 32 .\n- (a) the councillor is a member of the registered political party; and\n- (b) the party endorses a candidate in the election for the local government.\n- (a) the party, candidate or person incurs electoral expenditure for the election; and\n- (b) the expenditure exceeds the party’s expenditure cap for the election, including any expenditure cap that is shared under subdivision 3 , because it is added to aggregated expenditure for the party; and\n- (c) the party, candidate or person did not know, and could not reasonably have known, about the aggregated expenditure being incurred.","sortOrder":232},{"sectionNumber":"sec.123U","sectionType":"section","heading":"Electoral expenditure incurred for another participant","content":"### sec.123U Electoral expenditure incurred for another participant\n\nThis section applies if a participant in an election (the first election participant ) incurs electoral expenditure that benefits another participant in the election (the recipient ).\nFor this division, if the first election participant gifts the electoral expenditure to the recipient, the electoral expenditure is incurred by the first election participant.\nHowever, for this division, the recipient is taken to have incurred the electoral expenditure if—\nany of the following apply—\nthe expenditure is incurred with the recipient’s authority or consent;\nthe recipient accepts relevant material resulting from the expenditure;\nanother circumstance prescribed by regulation happens in relation to the expenditure being incurred; and\nthe first election participant invoices the recipient for payment for the amount of the expenditure.\nThis section applies despite section 109D (1) .\nSee section 109E for when electoral expenditure is incurred.\ns 123U ins 2023 No. 8 s 41\n(sec.123U-ssec.1) This section applies if a participant in an election (the first election participant ) incurs electoral expenditure that benefits another participant in the election (the recipient ).\n(sec.123U-ssec.2) For this division, if the first election participant gifts the electoral expenditure to the recipient, the electoral expenditure is incurred by the first election participant.\n(sec.123U-ssec.3) However, for this division, the recipient is taken to have incurred the electoral expenditure if— any of the following apply— the expenditure is incurred with the recipient’s authority or consent; the recipient accepts relevant material resulting from the expenditure; another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and the first election participant invoices the recipient for payment for the amount of the expenditure.\n(sec.123U-ssec.4) This section applies despite section 109D (1) . See section 109E for when electoral expenditure is incurred.\n- (a) any of the following apply— (i) the expenditure is incurred with the recipient’s authority or consent; (ii) the recipient accepts relevant material resulting from the expenditure; (iii) another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and\n- (i) the expenditure is incurred with the recipient’s authority or consent;\n- (ii) the recipient accepts relevant material resulting from the expenditure;\n- (iii) another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and\n- (b) the first election participant invoices the recipient for payment for the amount of the expenditure.\n- (i) the expenditure is incurred with the recipient’s authority or consent;\n- (ii) the recipient accepts relevant material resulting from the expenditure;\n- (iii) another circumstance prescribed by regulation happens in relation to the expenditure being incurred; and","sortOrder":233},{"sectionNumber":"sec.123V","sectionType":"section","heading":"Electoral expenditure incurred by registered political party or third party for quadrennial election","content":"### sec.123V Electoral expenditure incurred by registered political party or third party for quadrennial election\n\nThis section applies in relation to electoral expenditure incurred, for a quadrennial election, by—\na registered political party that endorses a candidate in the election; or\na registered third party for the election.\nSubsection (3) applies if the electoral expenditure is for advertising or other relevant material that—\nis communicated to electors in a local government’s area; and\nis not mainly communicated to electors outside the local government’s area.\nThe electoral expenditure is taken to be incurred by the registered political party or registered third party for the quadrennial election for the local government.\nSubsection (5) applies if the electoral expenditure is for advertising or other relevant material that—\nis communicated to electors in more than 1 local government area; and\nis not mainly communicated to electors in any 1 local government area.\nThe electoral expenditure is taken to be incurred by the registered political party or registered third party—\nin relation to a registered political party—for the quadrennial election for each local government—\nin whose area the advertising or other relevant material is communicated; and\nfor which the party endorsed a candidate; or\nin relation to a registered third party—for the quadrennial election for each local government in whose area the advertising or other relevant material is communicated.\nIf the electoral expenditure is for carrying out an opinion poll or research mainly in relation to 1 local government’s area, the electoral expenditure is taken to be incurred by the registered political party or registered third party for the quadrennial election for the local government.\nSubsection (8) applies if the electoral expenditure is for carrying out an opinion poll or research—\nin relation to more than 1 local government area; and\nthat is not mainly in relation to any 1 local government area.\nThe electoral expenditure is taken to be incurred by the registered political party or registered third party—\nin relation to a registered political party—for the quadrennial election for each local government—\nin relation to whose area the opinion poll or research is carried out; and\nfor which the party endorsed a candidate; or\nin relation to a registered third party—for the quadrennial election for each local government in relation to whose area the opinion poll or research is carried out.\ns 123V ins 2023 No. 8 s 41\n(sec.123V-ssec.1) This section applies in relation to electoral expenditure incurred, for a quadrennial election, by— a registered political party that endorses a candidate in the election; or a registered third party for the election.\n(sec.123V-ssec.2) Subsection (3) applies if the electoral expenditure is for advertising or other relevant material that— is communicated to electors in a local government’s area; and is not mainly communicated to electors outside the local government’s area.\n(sec.123V-ssec.3) The electoral expenditure is taken to be incurred by the registered political party or registered third party for the quadrennial election for the local government.\n(sec.123V-ssec.4) Subsection (5) applies if the electoral expenditure is for advertising or other relevant material that— is communicated to electors in more than 1 local government area; and is not mainly communicated to electors in any 1 local government area.\n(sec.123V-ssec.5) The electoral expenditure is taken to be incurred by the registered political party or registered third party— in relation to a registered political party—for the quadrennial election for each local government— in whose area the advertising or other relevant material is communicated; and for which the party endorsed a candidate; or in relation to a registered third party—for the quadrennial election for each local government in whose area the advertising or other relevant material is communicated.\n(sec.123V-ssec.6) If the electoral expenditure is for carrying out an opinion poll or research mainly in relation to 1 local government’s area, the electoral expenditure is taken to be incurred by the registered political party or registered third party for the quadrennial election for the local government.\n(sec.123V-ssec.7) Subsection (8) applies if the electoral expenditure is for carrying out an opinion poll or research— in relation to more than 1 local government area; and that is not mainly in relation to any 1 local government area.\n(sec.123V-ssec.8) The electoral expenditure is taken to be incurred by the registered political party or registered third party— in relation to a registered political party—for the quadrennial election for each local government— in relation to whose area the opinion poll or research is carried out; and for which the party endorsed a candidate; or in relation to a registered third party—for the quadrennial election for each local government in relation to whose area the opinion poll or research is carried out.\n- (a) a registered political party that endorses a candidate in the election; or\n- (b) a registered third party for the election.\n- (a) is communicated to electors in a local government’s area; and\n- (b) is not mainly communicated to electors outside the local government’s area.\n- (a) is communicated to electors in more than 1 local government area; and\n- (b) is not mainly communicated to electors in any 1 local government area.\n- (a) in relation to a registered political party—for the quadrennial election for each local government— (i) in whose area the advertising or other relevant material is communicated; and (ii) for which the party endorsed a candidate; or\n- (i) in whose area the advertising or other relevant material is communicated; and\n- (ii) for which the party endorsed a candidate; or\n- (b) in relation to a registered third party—for the quadrennial election for each local government in whose area the advertising or other relevant material is communicated.\n- (i) in whose area the advertising or other relevant material is communicated; and\n- (ii) for which the party endorsed a candidate; or\n- (a) in relation to more than 1 local government area; and\n- (b) that is not mainly in relation to any 1 local government area.\n- (a) in relation to a registered political party—for the quadrennial election for each local government— (i) in relation to whose area the opinion poll or research is carried out; and (ii) for which the party endorsed a candidate; or\n- (i) in relation to whose area the opinion poll or research is carried out; and\n- (ii) for which the party endorsed a candidate; or\n- (b) in relation to a registered third party—for the quadrennial election for each local government in relation to whose area the opinion poll or research is carried out.\n- (i) in relation to whose area the opinion poll or research is carried out; and\n- (ii) for which the party endorsed a candidate; or","sortOrder":234},{"sectionNumber":"pt.6-div.4A","sectionType":"division","heading":"Disclosure of electoral expenditure","content":"## Disclosure of electoral expenditure","sortOrder":235},{"sectionNumber":"sec.124","sectionType":"section","heading":"Expenditure returns—candidates, groups of candidates, registered political parties and associated entities","content":"### sec.124 Expenditure returns—candidates, groups of candidates, registered political parties and associated entities\n\nThis section applies if any of the following entities incur electoral expenditure in relation to an election, during the entity’s disclosure period for the election, that totals $500 or more—\na candidate in the election;\na group of candidates for the election, a member of the group or another person acting on behalf of the group;\na registered political party that endorses a candidate in the election;\nan associated entity of—\na registered political party that endorses a candidate in the election; or\na candidate in the election; or\na group of candidates for the election.\nA return for each amount of electoral expenditure incurred by the entity must be given to the electoral commission by—\nfor electoral expenditure incurred by a candidate—the agent of the candidate; or\nfor electoral expenditure incurred by or on behalf of a group of candidates—the agent of the group; or\nfor electoral expenditure incurred by a registered political party that endorses a candidate in the election—the agent of the party; or\nfor electoral expenditure incurred by an associated entity—the financial controller of the entity.\nThe return must—\nbe in the approved form; and\nbe given to the electoral commission by the disclosure deadline for the return; and\nstate the following—\nthe name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\na description of the goods or service;\nthe amount of the expenditure;\nwhen the expenditure was incurred;\nthe purpose for incurring the expenditure.\nFor this section, an amount of electoral expenditure incurred by an entity for 2 or more elections is taken to have been incurred by the entity for each of the elections.\nFor subsection (2) (c) , a reference to electoral expenditure incurred by a registered political party that endorses a candidate in the election includes electoral expenditure that is taken to have been incurred by the party under section 123T .\ns 124 amd 2014 No. 44 s 86 ; 2017 No. 12 s 23\nsub 2019 No. 30 s 238\namd 2020 No. 20 s 132\nsub 2023 No. 8 s 41\n(sec.124-ssec.1) This section applies if any of the following entities incur electoral expenditure in relation to an election, during the entity’s disclosure period for the election, that totals $500 or more— a candidate in the election; a group of candidates for the election, a member of the group or another person acting on behalf of the group; a registered political party that endorses a candidate in the election; an associated entity of— a registered political party that endorses a candidate in the election; or a candidate in the election; or a group of candidates for the election.\n(sec.124-ssec.2) A return for each amount of electoral expenditure incurred by the entity must be given to the electoral commission by— for electoral expenditure incurred by a candidate—the agent of the candidate; or for electoral expenditure incurred by or on behalf of a group of candidates—the agent of the group; or for electoral expenditure incurred by a registered political party that endorses a candidate in the election—the agent of the party; or for electoral expenditure incurred by an associated entity—the financial controller of the entity.\n(sec.124-ssec.3) The return must— be in the approved form; and be given to the electoral commission by the disclosure deadline for the return; and state the following— the name and business address of the person who supplied the goods or service to which the electoral expenditure relates; a description of the goods or service; the amount of the expenditure; when the expenditure was incurred; the purpose for incurring the expenditure.\n(sec.124-ssec.4) For this section, an amount of electoral expenditure incurred by an entity for 2 or more elections is taken to have been incurred by the entity for each of the elections.\n(sec.124-ssec.5) For subsection (2) (c) , a reference to electoral expenditure incurred by a registered political party that endorses a candidate in the election includes electoral expenditure that is taken to have been incurred by the party under section 123T .\n- (a) a candidate in the election;\n- (b) a group of candidates for the election, a member of the group or another person acting on behalf of the group;\n- (c) a registered political party that endorses a candidate in the election;\n- (d) an associated entity of— (i) a registered political party that endorses a candidate in the election; or (ii) a candidate in the election; or (iii) a group of candidates for the election.\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election.\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election.\n- (a) for electoral expenditure incurred by a candidate—the agent of the candidate; or\n- (b) for electoral expenditure incurred by or on behalf of a group of candidates—the agent of the group; or\n- (c) for electoral expenditure incurred by a registered political party that endorses a candidate in the election—the agent of the party; or\n- (d) for electoral expenditure incurred by an associated entity—the financial controller of the entity.\n- (a) be in the approved form; and\n- (b) be given to the electoral commission by the disclosure deadline for the return; and\n- (c) state the following— (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates; (ii) a description of the goods or service; (iii) the amount of the expenditure; (iv) when the expenditure was incurred; (v) the purpose for incurring the expenditure.\n- (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\n- (ii) a description of the goods or service;\n- (iii) the amount of the expenditure;\n- (iv) when the expenditure was incurred;\n- (v) the purpose for incurring the expenditure.\n- (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\n- (ii) a description of the goods or service;\n- (iii) the amount of the expenditure;\n- (iv) when the expenditure was incurred;\n- (v) the purpose for incurring the expenditure.","sortOrder":236},{"sectionNumber":"sec.125","sectionType":"section","heading":"Summary expenditure returns—candidates, groups of candidates and registered political parties","content":"### sec.125 Summary expenditure returns—candidates, groups of candidates and registered political parties\n\nThis section applies to the agent of any of the following participants in an election—\na candidate in the election;\na group of candidates for the election;\na registered political party that endorsed a candidate in the election.\nThe agent of the participant must give the electoral commission a return about the total amount of electoral expenditure incurred by the participant, or a person acting with the participant’s authority, during the participant’s disclosure period for the election.\nA return by a registered political party that endorsed a candidate in an election must be accompanied by a certificate from an auditor. See section 135D .\nThe return must—\nbe in the approved form; and\nbe given to the electoral commission within the required period for the election.\nAlso, the return must be accompanied by a copy of each bank statement for the participant’s dedicated account—\nfor the period that—\nstarts when the capped expenditure period for the election starts; and\nends on the day before the return is given to the electoral commission; and\nfor an earlier period that includes a transaction related to electoral expenditure incurred during the participant’s disclosure period for the election.\nIf the participant did not incur electoral expenditure during the participant’s disclosure period for the election, the return must state that fact.\nFor subsection (2) , a reference to electoral expenditure incurred by a participant, or a person acting with the participant’s authority, includes electoral expenditure that is taken to have been incurred by the participant under section 123T .\nSubsection (8) applies if the electoral commission receives a return under subsection (2) from—\nthe agent of a candidate who is successful in the election; or\nthe agent of a group of candidates, any of whose members are successful in the election; or\nthe agent of a registered political party that endorsed a candidate who is successful in the election.\nThe electoral commission must give a copy of the return to—\nthe chief executive officer of the local government for which the election was held; and\nif the return was received from the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election—each successful candidate who is a member of the group or endorsed by the party.\nFor this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\ns 125 amd 2014 No. 44 s 87 ; 2017 No. 12 s 24\nsub 2019 No. 30 s 238\namd 2020 No. 20 s 133\nsub 2023 No. 8 s 41\n(sec.125-ssec.1) This section applies to the agent of any of the following participants in an election— a candidate in the election; a group of candidates for the election; a registered political party that endorsed a candidate in the election.\n(sec.125-ssec.2) The agent of the participant must give the electoral commission a return about the total amount of electoral expenditure incurred by the participant, or a person acting with the participant’s authority, during the participant’s disclosure period for the election. A return by a registered political party that endorsed a candidate in an election must be accompanied by a certificate from an auditor. See section 135D .\n(sec.125-ssec.3) The return must— be in the approved form; and be given to the electoral commission within the required period for the election.\n(sec.125-ssec.4) Also, the return must be accompanied by a copy of each bank statement for the participant’s dedicated account— for the period that— starts when the capped expenditure period for the election starts; and ends on the day before the return is given to the electoral commission; and for an earlier period that includes a transaction related to electoral expenditure incurred during the participant’s disclosure period for the election.\n(sec.125-ssec.5) If the participant did not incur electoral expenditure during the participant’s disclosure period for the election, the return must state that fact.\n(sec.125-ssec.6) For subsection (2) , a reference to electoral expenditure incurred by a participant, or a person acting with the participant’s authority, includes electoral expenditure that is taken to have been incurred by the participant under section 123T .\n(sec.125-ssec.7) Subsection (8) applies if the electoral commission receives a return under subsection (2) from— the agent of a candidate who is successful in the election; or the agent of a group of candidates, any of whose members are successful in the election; or the agent of a registered political party that endorsed a candidate who is successful in the election.\n(sec.125-ssec.8) The electoral commission must give a copy of the return to— the chief executive officer of the local government for which the election was held; and if the return was received from the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election—each successful candidate who is a member of the group or endorsed by the party.\n(sec.125-ssec.9) For this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\n- (a) a candidate in the election;\n- (b) a group of candidates for the election;\n- (c) a registered political party that endorsed a candidate in the election.\n- (a) be in the approved form; and\n- (b) be given to the electoral commission within the required period for the election.\n- (a) for the period that— (i) starts when the capped expenditure period for the election starts; and (ii) ends on the day before the return is given to the electoral commission; and\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and\n- (b) for an earlier period that includes a transaction related to electoral expenditure incurred during the participant’s disclosure period for the election.\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and\n- (a) the agent of a candidate who is successful in the election; or\n- (b) the agent of a group of candidates, any of whose members are successful in the election; or\n- (c) the agent of a registered political party that endorsed a candidate who is successful in the election.\n- (a) the chief executive officer of the local government for which the election was held; and\n- (b) if the return was received from the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election—each successful candidate who is a member of the group or endorsed by the party.","sortOrder":237},{"sectionNumber":"sec.125A","sectionType":"section","heading":"Summary expenditure returns—associated entities","content":"### sec.125A Summary expenditure returns—associated entities\n\nThis section applies to the financial controller of an associated entity of—\na registered political party that endorsed a candidate in an election; or\na candidate in an election; or\na group of candidates for an election.\nThe financial controller must give the electoral commission a return about the total amount of electoral expenditure incurred by the associated entity, or a person acting with the associated entity’s authority, during the associated entity’s disclosure period for the election.\nThe return must—\nbe in the approved form; and\nbe given to the electoral commission within the required period for the election.\nAlso, the return must be accompanied by a copy of each bank statement for the dedicated account of the registered political party, candidate or group of candidates for which the associated entity is an associated entity—\nfor the period that—\nstarts when the capped expenditure period for the election starts; and\nends on the day before the return is given to the electoral commission; and\nfor an earlier period that includes a transaction related to electoral expenditure incurred during the associated entity’s disclosure period for the election.\nIf the associated entity did not incur electoral expenditure during the associated entity’s disclosure period for the election, the return must state that fact.\nFor this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\ns 125A ins 2019 No. 30 s 238\nsub 2023 No. 8 s 41\n(sec.125A-ssec.1) This section applies to the financial controller of an associated entity of— a registered political party that endorsed a candidate in an election; or a candidate in an election; or a group of candidates for an election.\n(sec.125A-ssec.2) The financial controller must give the electoral commission a return about the total amount of electoral expenditure incurred by the associated entity, or a person acting with the associated entity’s authority, during the associated entity’s disclosure period for the election.\n(sec.125A-ssec.3) The return must— be in the approved form; and be given to the electoral commission within the required period for the election.\n(sec.125A-ssec.4) Also, the return must be accompanied by a copy of each bank statement for the dedicated account of the registered political party, candidate or group of candidates for which the associated entity is an associated entity— for the period that— starts when the capped expenditure period for the election starts; and ends on the day before the return is given to the electoral commission; and for an earlier period that includes a transaction related to electoral expenditure incurred during the associated entity’s disclosure period for the election.\n(sec.125A-ssec.5) If the associated entity did not incur electoral expenditure during the associated entity’s disclosure period for the election, the return must state that fact.\n(sec.125A-ssec.6) For this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\n- (a) a registered political party that endorsed a candidate in an election; or\n- (b) a candidate in an election; or\n- (c) a group of candidates for an election.\n- (a) be in the approved form; and\n- (b) be given to the electoral commission within the required period for the election.\n- (a) for the period that— (i) starts when the capped expenditure period for the election starts; and (ii) ends on the day before the return is given to the electoral commission; and\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and\n- (b) for an earlier period that includes a transaction related to electoral expenditure incurred during the associated entity’s disclosure period for the election.\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and","sortOrder":238},{"sectionNumber":"sec.125B","sectionType":"section","heading":"Expenditure returns—relevant third parties","content":"### sec.125B Expenditure returns—relevant third parties\n\nThis section applies if a relevant third party for an election incurs electoral expenditure, during the third party’s disclosure period for the election, that totals $500 or more.\nThe agent of the relevant third party must give the electoral commission a return for each amount of electoral expenditure incurred by the third party during the third party’s disclosure period for the election.\nThe return must—\nbe in the approved form; and\nbe given to the electoral commission by the disclosure deadline for the return; and\nstate the following—\nthe name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\na description of the goods or service;\nthe amount of the expenditure;\nwhen the expenditure was incurred;\nthe purpose for incurring the expenditure;\nif the expenditure was incurred to benefit, support or oppose a particular candidate, group of candidates or political party in the election—that fact and the name of the candidate, group or party;\nif the expenditure was incurred to support or oppose a particular issue in the election—that fact and a description of the issue.\nFor this section, an amount of electoral expenditure incurred by the relevant third party for 2 or more elections is taken to have been incurred by the third party for each of the elections.\ns 125B ins 2023 No. 8 s 41\n(sec.125B-ssec.1) This section applies if a relevant third party for an election incurs electoral expenditure, during the third party’s disclosure period for the election, that totals $500 or more.\n(sec.125B-ssec.2) The agent of the relevant third party must give the electoral commission a return for each amount of electoral expenditure incurred by the third party during the third party’s disclosure period for the election.\n(sec.125B-ssec.3) The return must— be in the approved form; and be given to the electoral commission by the disclosure deadline for the return; and state the following— the name and business address of the person who supplied the goods or service to which the electoral expenditure relates; a description of the goods or service; the amount of the expenditure; when the expenditure was incurred; the purpose for incurring the expenditure; if the expenditure was incurred to benefit, support or oppose a particular candidate, group of candidates or political party in the election—that fact and the name of the candidate, group or party; if the expenditure was incurred to support or oppose a particular issue in the election—that fact and a description of the issue.\n(sec.125B-ssec.4) For this section, an amount of electoral expenditure incurred by the relevant third party for 2 or more elections is taken to have been incurred by the third party for each of the elections.\n- (a) be in the approved form; and\n- (b) be given to the electoral commission by the disclosure deadline for the return; and\n- (c) state the following— (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates; (ii) a description of the goods or service; (iii) the amount of the expenditure; (iv) when the expenditure was incurred; (v) the purpose for incurring the expenditure; (vi) if the expenditure was incurred to benefit, support or oppose a particular candidate, group of candidates or political party in the election—that fact and the name of the candidate, group or party; (vii) if the expenditure was incurred to support or oppose a particular issue in the election—that fact and a description of the issue.\n- (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\n- (ii) a description of the goods or service;\n- (iii) the amount of the expenditure;\n- (iv) when the expenditure was incurred;\n- (v) the purpose for incurring the expenditure;\n- (vi) if the expenditure was incurred to benefit, support or oppose a particular candidate, group of candidates or political party in the election—that fact and the name of the candidate, group or party;\n- (vii) if the expenditure was incurred to support or oppose a particular issue in the election—that fact and a description of the issue.\n- (i) the name and business address of the person who supplied the goods or service to which the electoral expenditure relates;\n- (ii) a description of the goods or service;\n- (iii) the amount of the expenditure;\n- (iv) when the expenditure was incurred;\n- (v) the purpose for incurring the expenditure;\n- (vi) if the expenditure was incurred to benefit, support or oppose a particular candidate, group of candidates or political party in the election—that fact and the name of the candidate, group or party;\n- (vii) if the expenditure was incurred to support or oppose a particular issue in the election—that fact and a description of the issue.","sortOrder":239},{"sectionNumber":"sec.125C","sectionType":"section","heading":"Summary expenditure returns—relevant third parties","content":"### sec.125C Summary expenditure returns—relevant third parties\n\nThis section applies to the agent of a relevant third party for an election.\nThe agent of the relevant third party must give the electoral commission a return about the total amount of electoral expenditure incurred by the third party during the third party’s disclosure period for the election.\nThe return must—\nbe in the approved form; and\nbe given to the electoral commission within the required period for the election.\nAlso, the return must be accompanied by a copy of each bank statement for the relevant third party’s dedicated account—\nfor the period that—\nstarts when the capped expenditure period for the election starts; and\nends on the day before the return is given to the electoral commission; and\nfor an earlier period that includes a transaction related to electoral expenditure incurred during the third party’s disclosure period for the election.\nIf the relevant third party did not incur electoral expenditure during the third party’s disclosure period for the election, the return must state that fact.\nFor this section, an amount of electoral expenditure incurred by the relevant third party for 2 or more elections is taken to have been incurred by the third party for each of the elections.\nFor this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\ns 125C ins 2023 No. 8 s 41\n(sec.125C-ssec.1) This section applies to the agent of a relevant third party for an election.\n(sec.125C-ssec.2) The agent of the relevant third party must give the electoral commission a return about the total amount of electoral expenditure incurred by the third party during the third party’s disclosure period for the election.\n(sec.125C-ssec.3) The return must— be in the approved form; and be given to the electoral commission within the required period for the election.\n(sec.125C-ssec.4) Also, the return must be accompanied by a copy of each bank statement for the relevant third party’s dedicated account— for the period that— starts when the capped expenditure period for the election starts; and ends on the day before the return is given to the electoral commission; and for an earlier period that includes a transaction related to electoral expenditure incurred during the third party’s disclosure period for the election.\n(sec.125C-ssec.5) If the relevant third party did not incur electoral expenditure during the third party’s disclosure period for the election, the return must state that fact.\n(sec.125C-ssec.6) For this section, an amount of electoral expenditure incurred by the relevant third party for 2 or more elections is taken to have been incurred by the third party for each of the elections.\n(sec.125C-ssec.7) For this section, it does not matter whether electoral expenditure for an election is incurred during the capped expenditure period for the election.\n- (a) be in the approved form; and\n- (b) be given to the electoral commission within the required period for the election.\n- (a) for the period that— (i) starts when the capped expenditure period for the election starts; and (ii) ends on the day before the return is given to the electoral commission; and\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and\n- (b) for an earlier period that includes a transaction related to electoral expenditure incurred during the third party’s disclosure period for the election.\n- (i) starts when the capped expenditure period for the election starts; and\n- (ii) ends on the day before the return is given to the electoral commission; and","sortOrder":240},{"sectionNumber":"sec.125D","sectionType":"section","heading":"Summary expenditure returns—broadcasters","content":"### sec.125D Summary expenditure returns—broadcasters\n\nThis section applies to a broadcaster—\nwho broadcasts an advertisement relating to an election—\nwith the authority of a participant in the election; and\nduring the capped expenditure period for the election; and\neven if the broadcaster is outside Queensland when the advertisement is broadcast.\nThe broadcaster must, within 8 weeks after the polling day for the election, give the electoral commission a return, in the approved form, stating particulars of the advertisement, being particulars—\nidentifying the broadcasting service as part of which the advertisement was broadcast; and\nidentifying the person at whose request the advertisement was broadcast; and\nidentifying the participant in the election with whose authority the advertisement was broadcast; and\nstating the date on which, and the times between which, the advertisement was broadcast; and\nshowing whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, stating the amount of the charge.\nIf, in a return under subsection (2) , the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast.\nA broadcaster who is required to make a return under this section for an advertisement must keep the record made for the relevant provision for at least 1 month starting on the day on which the return is given to the electoral commission.\nSubsection (4) applies in addition to the requirements of the relevant provision for the retention of the record.\nIn this section—\nrelevant provision means—\nin relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or\nin relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or\nin relation to another broadcaster—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .\ns 125D ins 2023 No. 8 s 41\n(sec.125D-ssec.1) This section applies to a broadcaster— who broadcasts an advertisement relating to an election— with the authority of a participant in the election; and during the capped expenditure period for the election; and even if the broadcaster is outside Queensland when the advertisement is broadcast.\n(sec.125D-ssec.2) The broadcaster must, within 8 weeks after the polling day for the election, give the electoral commission a return, in the approved form, stating particulars of the advertisement, being particulars— identifying the broadcasting service as part of which the advertisement was broadcast; and identifying the person at whose request the advertisement was broadcast; and identifying the participant in the election with whose authority the advertisement was broadcast; and stating the date on which, and the times between which, the advertisement was broadcast; and showing whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, stating the amount of the charge.\n(sec.125D-ssec.3) If, in a return under subsection (2) , the amount of a charge is specified by a broadcaster in relation to an advertisement, the broadcaster must, in the return, state whether or not the charge is a charge at less than normal commercial rates having regard to the length of the advertisement and the day on which, and the times between which, the advertisement was broadcast.\n(sec.125D-ssec.4) A broadcaster who is required to make a return under this section for an advertisement must keep the record made for the relevant provision for at least 1 month starting on the day on which the return is given to the electoral commission.\n(sec.125D-ssec.5) Subsection (4) applies in addition to the requirements of the relevant provision for the retention of the record.\n(sec.125D-ssec.6) In this section— relevant provision means— in relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or in relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or in relation to another broadcaster—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .\n- (a) who broadcasts an advertisement relating to an election— (i) with the authority of a participant in the election; and (ii) during the capped expenditure period for the election; and\n- (i) with the authority of a participant in the election; and\n- (ii) during the capped expenditure period for the election; and\n- (b) even if the broadcaster is outside Queensland when the advertisement is broadcast.\n- (i) with the authority of a participant in the election; and\n- (ii) during the capped expenditure period for the election; and\n- (a) identifying the broadcasting service as part of which the advertisement was broadcast; and\n- (b) identifying the person at whose request the advertisement was broadcast; and\n- (c) identifying the participant in the election with whose authority the advertisement was broadcast; and\n- (d) stating the date on which, and the times between which, the advertisement was broadcast; and\n- (e) showing whether or not, on each occasion when the advertisement was broadcast, a charge was made by the broadcaster for the broadcasting of the advertisement and, if a charge was made, stating the amount of the charge.\n- (a) in relation to the Australian Broadcasting Corporation—the Australian Broadcasting Corporation Act 1983 (Cwlth) , section 79B ; or\n- (b) in relation to the Special Broadcasting Service—the Special Broadcasting Service Act 1991 (Cwlth) , section 70B ; or\n- (c) in relation to another broadcaster—the Broadcasting Services Act 1992 (Cwlth) , schedule 2 , section 5 .","sortOrder":241},{"sectionNumber":"sec.125E","sectionType":"section","heading":"Summary expenditure returns—publishers","content":"### sec.125E Summary expenditure returns—publishers\n\nThis section applies to the publisher of a journal—\nwho publishes an advertisement relating to an election—\nwith the authority of a participant in the election; and\nduring the capped expenditure period for the election; and\neven if the publisher is outside Queensland when the advertisement is published.\nThe publisher must, within 8 weeks after the polling day for the election, give the electoral commission a return, in the approved form, stating particulars of the advertisement, being particulars—\nidentifying the journal in which the advertisement was published; and\nidentifying the person at whose request the advertisement was published; and\nidentifying the participant in the election with whose authority the advertisement was published; and\nstating the date on which the advertisement was published; and\nidentifying the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and\nshowing whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, stating the amount of the charge.\nIf, in a return under subsection (2) , the amount of a charge is specified by a publisher in relation to an advertisement, the publisher must, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal.\nA publisher is not required to give a return under subsection (2) in relation to an election if the total amount of the charges made by the publisher for the publication of the following advertisements does not exceed $1,000—\nthe advertisement mentioned in the subsection;\nany other advertisement relating to an election that took place on the same day as the election to which the return relates.\nIn this section—\njournal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.\ns 125E ins 2023 No. 8 s 41\n(sec.125E-ssec.1) This section applies to the publisher of a journal— who publishes an advertisement relating to an election— with the authority of a participant in the election; and during the capped expenditure period for the election; and even if the publisher is outside Queensland when the advertisement is published.\n(sec.125E-ssec.2) The publisher must, within 8 weeks after the polling day for the election, give the electoral commission a return, in the approved form, stating particulars of the advertisement, being particulars— identifying the journal in which the advertisement was published; and identifying the person at whose request the advertisement was published; and identifying the participant in the election with whose authority the advertisement was published; and stating the date on which the advertisement was published; and identifying the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and showing whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, stating the amount of the charge.\n(sec.125E-ssec.3) If, in a return under subsection (2) , the amount of a charge is specified by a publisher in relation to an advertisement, the publisher must, in the return, state whether or not the charge was a charge at less than normal commercial rates having regard to the space in the journal occupied by the advertisement and the nature of the journal.\n(sec.125E-ssec.4) A publisher is not required to give a return under subsection (2) in relation to an election if the total amount of the charges made by the publisher for the publication of the following advertisements does not exceed $1,000— the advertisement mentioned in the subsection; any other advertisement relating to an election that took place on the same day as the election to which the return relates.\n(sec.125E-ssec.5) In this section— journal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge.\n- (a) who publishes an advertisement relating to an election— (i) with the authority of a participant in the election; and (ii) during the capped expenditure period for the election; and\n- (i) with the authority of a participant in the election; and\n- (ii) during the capped expenditure period for the election; and\n- (b) even if the publisher is outside Queensland when the advertisement is published.\n- (i) with the authority of a participant in the election; and\n- (ii) during the capped expenditure period for the election; and\n- (a) identifying the journal in which the advertisement was published; and\n- (b) identifying the person at whose request the advertisement was published; and\n- (c) identifying the participant in the election with whose authority the advertisement was published; and\n- (d) stating the date on which the advertisement was published; and\n- (e) identifying the page in the journal on which the advertisement was published and the space in the journal occupied by the advertisement; and\n- (f) showing whether or not a charge was made by the publisher for the publication of the advertisement and, if a charge was made, stating the amount of the charge.\n- (a) the advertisement mentioned in the subsection;\n- (b) any other advertisement relating to an election that took place on the same day as the election to which the return relates.","sortOrder":242},{"sectionNumber":"pt.6-div.4B","sectionType":"division","heading":"Particular returns by associated entities of candidates and groups of candidates","content":"## Particular returns by associated entities of candidates and groups of candidates","sortOrder":243},{"sectionNumber":"sec.125F","sectionType":"section","heading":"How division applies to gifts that are returned within 6 weeks","content":"### sec.125F How division applies to gifts that are returned within 6 weeks\n\nSubject to subsection (2) , this division does not apply to a gift that is returned in full within 6 weeks after its receipt.\nIf the gift is returned in full within 6 weeks after its receipt, any return under this division that includes the value of the gift must also include a statement to the effect that the gift was returned.\ns 125F ins 2023 No. 8 s 41\n(sec.125F-ssec.1) Subject to subsection (2) , this division does not apply to a gift that is returned in full within 6 weeks after its receipt.\n(sec.125F-ssec.2) If the gift is returned in full within 6 weeks after its receipt, any return under this division that includes the value of the gift must also include a statement to the effect that the gift was returned.","sortOrder":244},{"sectionNumber":"sec.125G","sectionType":"section","heading":"Disclosure of amounts by associated entities","content":"### sec.125G Disclosure of amounts by associated entities\n\nThis section applies if, at any time during a reporting period, an entity was an associated entity of—\na candidate in an election; or\na group of candidates for an election.\nThe financial controller of the associated entity must, within 8 weeks after the end of the reporting period, give the electoral commission a return in the approved form stating—\nthe total amount received by or for the associated entity from anyone during the reporting period; and\nthe total amount paid by or for the associated entity to anyone during the reporting period; and\nif the entity is an associated entity of a candidate or of a group of candidates at the end of the reporting period—the total amount outstanding, at the end of the reporting period, of all debts incurred by or for the entity to anyone; and\nany other information prescribed by regulation.\nA return under this section must be accompanied by a certificate from an auditor. See section 135D .\nIf the total of all amounts received from a particular entity during a reporting period is equal to or more than $500, a return under subsection (2) must also state—\nthe total amount received; and\nif all or part of the total was a gift—the relevant details for the gift; and\nif all or part of the total was an amount borrowed from a financial institution—the name of the financial institution from which the amount was borrowed; and\nif all or part of the total was a loan from an entity—the relevant details for the loan.\nIf the total of all amounts paid to a particular entity during a reporting period is equal to or more than $500, a return under subsection (2) must also state the following—\nthe total amount paid;\nif the total was paid to an unincorporated association—\nthe name of the association; and\nthe names and addresses of the members of the executive committee (however described) of the association;\nif the total was paid to a trust fund or foundation—\nthe names and addresses of the trustees of the fund or the foundation; or\nthe title or other description of the trust fund or the name of the foundation;\nif the total was paid to another entity—the name and address of the entity.\nIn calculating the total under subsection (3) or (4) , an amount paid under a contract of employment or an award stating terms and conditions of employment need not be counted.\nSubsection (7) applies if any amount required to be disclosed under subsection (2) (b) for a reporting period—\nwas paid by the associated entity to, or for, 1 or more registered political parties; and\nwas paid out of funds generated from the capital of the associated entity.\nThe return must also state the following details about each person who contributed to the capital at any time—\nthe name and address of the person;\nthe total amount of the person’s contributions to the capital, up to the end of the reporting period to which the return relates.\nA reference in subsection (2) (a) or (b) to an amount received or paid does not include an amount received or paid when the entity was not an associated entity of a candidate in an election or group of candidates for an election.\nSubsection (7) does not apply to contributions that have been set out in a previous return under subsection (2) .\nIn this section—\namount includes the value of a gift, loan or bequest.\ns 125G ins 2023 No. 8 s 41\n(sec.125G-ssec.1) This section applies if, at any time during a reporting period, an entity was an associated entity of— a candidate in an election; or a group of candidates for an election.\n(sec.125G-ssec.2) The financial controller of the associated entity must, within 8 weeks after the end of the reporting period, give the electoral commission a return in the approved form stating— the total amount received by or for the associated entity from anyone during the reporting period; and the total amount paid by or for the associated entity to anyone during the reporting period; and if the entity is an associated entity of a candidate or of a group of candidates at the end of the reporting period—the total amount outstanding, at the end of the reporting period, of all debts incurred by or for the entity to anyone; and any other information prescribed by regulation. A return under this section must be accompanied by a certificate from an auditor. See section 135D .\n(sec.125G-ssec.3) If the total of all amounts received from a particular entity during a reporting period is equal to or more than $500, a return under subsection (2) must also state— the total amount received; and if all or part of the total was a gift—the relevant details for the gift; and if all or part of the total was an amount borrowed from a financial institution—the name of the financial institution from which the amount was borrowed; and if all or part of the total was a loan from an entity—the relevant details for the loan.\n(sec.125G-ssec.4) If the total of all amounts paid to a particular entity during a reporting period is equal to or more than $500, a return under subsection (2) must also state the following— the total amount paid; if the total was paid to an unincorporated association— the name of the association; and the names and addresses of the members of the executive committee (however described) of the association; if the total was paid to a trust fund or foundation— the names and addresses of the trustees of the fund or the foundation; or the title or other description of the trust fund or the name of the foundation; if the total was paid to another entity—the name and address of the entity.\n(sec.125G-ssec.5) In calculating the total under subsection (3) or (4) , an amount paid under a contract of employment or an award stating terms and conditions of employment need not be counted.\n(sec.125G-ssec.6) Subsection (7) applies if any amount required to be disclosed under subsection (2) (b) for a reporting period— was paid by the associated entity to, or for, 1 or more registered political parties; and was paid out of funds generated from the capital of the associated entity.\n(sec.125G-ssec.7) The return must also state the following details about each person who contributed to the capital at any time— the name and address of the person; the total amount of the person’s contributions to the capital, up to the end of the reporting period to which the return relates.\n(sec.125G-ssec.8) A reference in subsection (2) (a) or (b) to an amount received or paid does not include an amount received or paid when the entity was not an associated entity of a candidate in an election or group of candidates for an election.\n(sec.125G-ssec.9) Subsection (7) does not apply to contributions that have been set out in a previous return under subsection (2) .\n(sec.125G-ssec.10) In this section— amount includes the value of a gift, loan or bequest.\n- (a) a candidate in an election; or\n- (b) a group of candidates for an election.\n- (a) the total amount received by or for the associated entity from anyone during the reporting period; and\n- (b) the total amount paid by or for the associated entity to anyone during the reporting period; and\n- (c) if the entity is an associated entity of a candidate or of a group of candidates at the end of the reporting period—the total amount outstanding, at the end of the reporting period, of all debts incurred by or for the entity to anyone; and\n- (d) any other information prescribed by regulation.\n- (a) the total amount received; and\n- (b) if all or part of the total was a gift—the relevant details for the gift; and\n- (c) if all or part of the total was an amount borrowed from a financial institution—the name of the financial institution from which the amount was borrowed; and\n- (d) if all or part of the total was a loan from an entity—the relevant details for the loan.\n- (a) the total amount paid;\n- (b) if the total was paid to an unincorporated association— (i) the name of the association; and (ii) the names and addresses of the members of the executive committee (however described) of the association;\n- (i) the name of the association; and\n- (ii) the names and addresses of the members of the executive committee (however described) of the association;\n- (c) if the total was paid to a trust fund or foundation— (i) the names and addresses of the trustees of the fund or the foundation; or (ii) the title or other description of the trust fund or the name of the foundation;\n- (i) the names and addresses of the trustees of the fund or the foundation; or\n- (ii) the title or other description of the trust fund or the name of the foundation;\n- (d) if the total was paid to another entity—the name and address of the entity.\n- (i) the name of the association; and\n- (ii) the names and addresses of the members of the executive committee (however described) of the association;\n- (i) the names and addresses of the trustees of the fund or the foundation; or\n- (ii) the title or other description of the trust fund or the name of the foundation;\n- (a) was paid by the associated entity to, or for, 1 or more registered political parties; and\n- (b) was paid out of funds generated from the capital of the associated entity.\n- (a) the name and address of the person;\n- (b) the total amount of the person’s contributions to the capital, up to the end of the reporting period to which the return relates.","sortOrder":245},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Operation of accounts","content":"## Operation of accounts","sortOrder":246},{"sectionNumber":"sec.126","sectionType":"section","heading":"Requirement for candidate to operate dedicated account","content":"### sec.126 Requirement for candidate to operate dedicated account\n\nThis section applies to a candidate for an election.\nThe candidate must operate an account with a financial institution if the candidate receives an amount mentioned in subsection (3) or pays an amount mentioned in subsection (4) .\nAll amounts received by the candidate, or a person acting with the authority of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign, including all gifts received by the candidate for the election, and all amounts received as loans to the candidate, must be placed in the account.\nAll amounts paid by the candidate, or a person acting with the authority of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign, including electoral expenditure incurred by the candidate, must be paid—\nout of the account; and\nin a way permitted under section 127A .\nThe account must not, during the candidate’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4) .\nIf an amount remains in the account at the end of the disclosure period, the amount or part of the amount may—\nbe kept in the account for the conduct of another election campaign by the candidate; or\nif the candidate was a member of a political party during the disclosure period—be paid to the political party; or\nbe paid to a charity nominated by the candidate.\nAn amount mentioned in subsection (6) must not be dealt with other than under that subsection.\nThe candidate must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with.\nMaximum penalty for subsection (8) —100 penalty units.\nAmounts mentioned in subsections (3) and (4) do not include amounts received or paid out by—\na registered political party that endorsed the candidate for the election; or\na group of candidates for the election of which the candidate is a member.\ns 126 amd 2017 No. 12 s 25; 2019 No. 30 s 186 ; 2023 No. 8 s 42 ; 2023 No. 30 s 113A\n(sec.126-ssec.1) This section applies to a candidate for an election.\n(sec.126-ssec.2) The candidate must operate an account with a financial institution if the candidate receives an amount mentioned in subsection (3) or pays an amount mentioned in subsection (4) .\n(sec.126-ssec.3) All amounts received by the candidate, or a person acting with the authority of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign, including all gifts received by the candidate for the election, and all amounts received as loans to the candidate, must be placed in the account.\n(sec.126-ssec.4) All amounts paid by the candidate, or a person acting with the authority of the candidate, during the candidate’s disclosure period for the election for the conduct of the candidate’s election campaign, including electoral expenditure incurred by the candidate, must be paid— out of the account; and in a way permitted under section 127A .\n(sec.126-ssec.5) The account must not, during the candidate’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4) .\n(sec.126-ssec.6) If an amount remains in the account at the end of the disclosure period, the amount or part of the amount may— be kept in the account for the conduct of another election campaign by the candidate; or if the candidate was a member of a political party during the disclosure period—be paid to the political party; or be paid to a charity nominated by the candidate.\n(sec.126-ssec.7) An amount mentioned in subsection (6) must not be dealt with other than under that subsection.\n(sec.126-ssec.8) The candidate must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with. Maximum penalty for subsection (8) —100 penalty units.\n(sec.126-ssec.9) Amounts mentioned in subsections (3) and (4) do not include amounts received or paid out by— a registered political party that endorsed the candidate for the election; or a group of candidates for the election of which the candidate is a member.\n- (a) out of the account; and\n- (b) in a way permitted under section 127A .\n- (a) be kept in the account for the conduct of another election campaign by the candidate; or\n- (b) if the candidate was a member of a political party during the disclosure period—be paid to the political party; or\n- (c) be paid to a charity nominated by the candidate.\n- (a) a registered political party that endorsed the candidate for the election; or\n- (b) a group of candidates for the election of which the candidate is a member.","sortOrder":247},{"sectionNumber":"sec.127","sectionType":"section","heading":"Requirement for group of candidates to operate dedicated account","content":"### sec.127 Requirement for group of candidates to operate dedicated account\n\nThis section applies if a candidate is a member of a group of candidates for an election.\nThe group must operate an account with a financial institution if the group receives an amount mentioned in subsection (3) or pays an amount mentioned in subsection (4) .\nAll amounts received by the group, or a person acting with the authority of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign, including all gifts received by the group for the election, and all amounts received as loans to the group, must be placed in the account.\nAll amounts paid by the group, or a person acting with the authority of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign, including electoral expenditure incurred by the group, must be paid—\nout of the account; and\nin a way permitted under section 127A .\nThe account must not, during the group’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4) .\nIf an amount remains in the account at the end of the group’s disclosure period for the election, the amount or part of the amount may—\nbe kept in the account for the conduct of another election campaign by the group; or\nif each member of the group was a member of a political party during the disclosure period—be paid to the political party; or\nbe paid to a charity nominated by the group.\nAn amount mentioned in subsection (6) must not be dealt with other than under that subsection.\nEach candidate who is a member of the group must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with.\nMaximum penalty for subsection (8) —100 penalty units.\ns 127 amd 2017 No. 12 s 26; 2019 No. 30 s 187 ; 2023 No. 8 s 43 ; 2023 No. 30 s 113B\n(sec.127-ssec.1) This section applies if a candidate is a member of a group of candidates for an election.\n(sec.127-ssec.2) The group must operate an account with a financial institution if the group receives an amount mentioned in subsection (3) or pays an amount mentioned in subsection (4) .\n(sec.127-ssec.3) All amounts received by the group, or a person acting with the authority of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign, including all gifts received by the group for the election, and all amounts received as loans to the group, must be placed in the account.\n(sec.127-ssec.4) All amounts paid by the group, or a person acting with the authority of the group, during the group’s disclosure period for the election for the conduct of the group’s election campaign, including electoral expenditure incurred by the group, must be paid— out of the account; and in a way permitted under section 127A .\n(sec.127-ssec.5) The account must not, during the group’s disclosure period for the election, be used other than for receiving and paying amounts under subsections (3) and (4) .\n(sec.127-ssec.6) If an amount remains in the account at the end of the group’s disclosure period for the election, the amount or part of the amount may— be kept in the account for the conduct of another election campaign by the group; or if each member of the group was a member of a political party during the disclosure period—be paid to the political party; or be paid to a charity nominated by the group.\n(sec.127-ssec.7) An amount mentioned in subsection (6) must not be dealt with other than under that subsection.\n(sec.127-ssec.8) Each candidate who is a member of the group must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with. Maximum penalty for subsection (8) —100 penalty units.\n- (a) out of the account; and\n- (b) in a way permitted under section 127A .\n- (a) be kept in the account for the conduct of another election campaign by the group; or\n- (b) if each member of the group was a member of a political party during the disclosure period—be paid to the political party; or\n- (c) be paid to a charity nominated by the group.","sortOrder":248},{"sectionNumber":"sec.127AA","sectionType":"section","heading":"Requirement for registered political party to operate dedicated account","content":"### sec.127AA Requirement for registered political party to operate dedicated account\n\nThis section applies to a registered political party that endorses a candidate in an election.\nThe registered political party must operate an account with a financial institution if the party pays an amount mentioned in subsection (3) .\nAll amounts paid by the registered political party, or a person acting with the authority of the party, during the party’s disclosure period for the election for electoral expenditure incurred by the party must be paid—\nout of the account; and\nin a way permitted under section 127A .\nThe account must not, during the registered political party’s disclosure period for the election, be used for paying an amount other than an amount under subsection (3) .\nA restricted donation received by the political party must not be paid into the account.\nIf an amount remains in the account at the end of the registered political party’s disclosure period for the election, the amount or part of the amount may—\nbe kept in the account for incurring electoral expenditure for another election; or\nbe paid to the party; or\nbe paid to a charity nominated by the party.\nAn amount mentioned in subsection (6) must not be dealt with other than under that subsection.\nThe registered political party must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with.\nMaximum penalty for subsection (8) —100 penalty units.\ns 127AA ins 2023 No. 8 s 44\namd 2026 No. 1 s 40\n(sec.127AA-ssec.1) This section applies to a registered political party that endorses a candidate in an election.\n(sec.127AA-ssec.2) The registered political party must operate an account with a financial institution if the party pays an amount mentioned in subsection (3) .\n(sec.127AA-ssec.3) All amounts paid by the registered political party, or a person acting with the authority of the party, during the party’s disclosure period for the election for electoral expenditure incurred by the party must be paid— out of the account; and in a way permitted under section 127A .\n(sec.127AA-ssec.4) The account must not, during the registered political party’s disclosure period for the election, be used for paying an amount other than an amount under subsection (3) .\n(sec.127AA-ssec.5) A restricted donation received by the political party must not be paid into the account.\n(sec.127AA-ssec.6) If an amount remains in the account at the end of the registered political party’s disclosure period for the election, the amount or part of the amount may— be kept in the account for incurring electoral expenditure for another election; or be paid to the party; or be paid to a charity nominated by the party.\n(sec.127AA-ssec.7) An amount mentioned in subsection (6) must not be dealt with other than under that subsection.\n(sec.127AA-ssec.8) The registered political party must take all reasonable steps to ensure the requirements of subsections (2) to (7) are complied with. Maximum penalty for subsection (8) —100 penalty units.\n- (a) out of the account; and\n- (b) in a way permitted under section 127A .\n- (a) be kept in the account for incurring electoral expenditure for another election; or\n- (b) be paid to the party; or\n- (c) be paid to a charity nominated by the party.","sortOrder":249},{"sectionNumber":"sec.127AB","sectionType":"section","heading":"Requirement for relevant third party to operate dedicated account","content":"### sec.127AB Requirement for relevant third party to operate dedicated account\n\nThis section applies to a relevant third party.\nThe relevant third party must operate an account with a financial institution if the third party pays an amount mentioned in subsection (3) .\nAll amounts paid by the relevant third party, or a person acting with the authority of the third party, during the third party’s disclosure period for the election for electoral expenditure incurred by the third party must be paid—\nout of the account; and\nin a way permitted under section 127A .\nThe account must not, during the relevant third party’s disclosure period for the election, be used for paying an amount other than an amount under subsection (3) .\nIf an amount remains in the account at the end of the relevant third party’s disclosure period for the election, the amount or part of the amount may—\nbe kept in the account for incurring electoral expenditure for another election; or\nbe paid to a charity nominated by the third party.\nAn amount mentioned in subsection (5) must not be dealt with other than under that subsection.\nThe relevant third party must take all reasonable steps to ensure the requirements of subsections (2) to (6) are complied with.\nMaximum penalty for subsection (7) —100 penalty units.\ns 127AB ins 2023 No. 8 s 44\n(sec.127AB-ssec.1) This section applies to a relevant third party.\n(sec.127AB-ssec.2) The relevant third party must operate an account with a financial institution if the third party pays an amount mentioned in subsection (3) .\n(sec.127AB-ssec.3) All amounts paid by the relevant third party, or a person acting with the authority of the third party, during the third party’s disclosure period for the election for electoral expenditure incurred by the third party must be paid— out of the account; and in a way permitted under section 127A .\n(sec.127AB-ssec.4) The account must not, during the relevant third party’s disclosure period for the election, be used for paying an amount other than an amount under subsection (3) .\n(sec.127AB-ssec.5) If an amount remains in the account at the end of the relevant third party’s disclosure period for the election, the amount or part of the amount may— be kept in the account for incurring electoral expenditure for another election; or be paid to a charity nominated by the third party.\n(sec.127AB-ssec.6) An amount mentioned in subsection (5) must not be dealt with other than under that subsection.\n(sec.127AB-ssec.7) The relevant third party must take all reasonable steps to ensure the requirements of subsections (2) to (6) are complied with. Maximum penalty for subsection (7) —100 penalty units.\n- (a) out of the account; and\n- (b) in a way permitted under section 127A .\n- (a) be kept in the account for incurring electoral expenditure for another election; or\n- (b) be paid to a charity nominated by the third party.","sortOrder":250},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Permitted ways to pay amounts from dedicated account","content":"### sec.127A Permitted ways to pay amounts from dedicated account\n\nAn amount paid from an account under section 126 (4) , 127 (4) , 127AA (3) or 127AB (3) may be paid in 1 of the following ways or a combination of the ways—\nby an electronic funds transfer transaction from the account; or\nusing a debit card that withdraws the payment directly from the account; or\nin cash withdrawn from the account.\nFor subsection (1) (c) , the amount of cash withdrawn from the account to pay an amount under section 126 (4) , 127 (4) , 127AA (3) or 127AB (3) must not exceed—\nthe amount to be paid; or\nif the cash is withdrawn from an ATM—the amount to be paid rounded up to the nearest amount the ATM can dispense.\ns 127A ins 2019 No. 30 s 188\namd 2023 No. 8 s 45\n(sec.127A-ssec.1) An amount paid from an account under section 126 (4) , 127 (4) , 127AA (3) or 127AB (3) may be paid in 1 of the following ways or a combination of the ways— by an electronic funds transfer transaction from the account; or using a debit card that withdraws the payment directly from the account; or in cash withdrawn from the account.\n(sec.127A-ssec.2) For subsection (1) (c) , the amount of cash withdrawn from the account to pay an amount under section 126 (4) , 127 (4) , 127AA (3) or 127AB (3) must not exceed— the amount to be paid; or if the cash is withdrawn from an ATM—the amount to be paid rounded up to the nearest amount the ATM can dispense.\n- (a) by an electronic funds transfer transaction from the account; or\n- (b) using a debit card that withdraws the payment directly from the account; or\n- (c) in cash withdrawn from the account.\n- (a) the amount to be paid; or\n- (b) if the cash is withdrawn from an ATM—the amount to be paid rounded up to the nearest amount the ATM can dispense.","sortOrder":251},{"sectionNumber":"sec.127B","sectionType":"section","heading":"Payment of amount of electoral expenditure by credit card prohibited","content":"### sec.127B Payment of amount of electoral expenditure by credit card prohibited\n\nA person to whom section 126 (8) , 127 (8) , 127AA (7) or 127AB (7) applies must not—\nuse a credit card to pay any of the following amounts—\nan amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party;\nfor a person to whom section 126 (8) or 127 (8) applies—any other amount for the conduct of an election campaign incurred by, or with the authority of, a candidate or group of candidates; or\npay an amount out of the dedicated account of a candidate, group of candidates, registered political party or relevant third party to pay a charge incurred using a credit card.\nMaximum penalty—100 penalty units.\nFor subsection (1) (b) , it does not matter whether or not the charge incurred was for an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party.\nThis section does not limit section 126 , 127 , 127AA , 127AB or 127A .\ns 127B ins 2019 No. 30 s 188\nsub 2023 No. 8 s 46\namd 2023 No. 30 s 113C\n(sec.127B-ssec.1) A person to whom section 126 (8) , 127 (8) , 127AA (7) or 127AB (7) applies must not— use a credit card to pay any of the following amounts— an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party; for a person to whom section 126 (8) or 127 (8) applies—any other amount for the conduct of an election campaign incurred by, or with the authority of, a candidate or group of candidates; or pay an amount out of the dedicated account of a candidate, group of candidates, registered political party or relevant third party to pay a charge incurred using a credit card. Maximum penalty—100 penalty units.\n(sec.127B-ssec.2) For subsection (1) (b) , it does not matter whether or not the charge incurred was for an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party.\n(sec.127B-ssec.3) This section does not limit section 126 , 127 , 127AA , 127AB or 127A .\n- (a) use a credit card to pay any of the following amounts— (i) an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party; (ii) for a person to whom section 126 (8) or 127 (8) applies—any other amount for the conduct of an election campaign incurred by, or with the authority of, a candidate or group of candidates; or\n- (i) an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party;\n- (ii) for a person to whom section 126 (8) or 127 (8) applies—any other amount for the conduct of an election campaign incurred by, or with the authority of, a candidate or group of candidates; or\n- (b) pay an amount out of the dedicated account of a candidate, group of candidates, registered political party or relevant third party to pay a charge incurred using a credit card.\n- (i) an amount of electoral expenditure incurred by, or with the authority of, a candidate, group of candidates, registered political party or relevant third party;\n- (ii) for a person to whom section 126 (8) or 127 (8) applies—any other amount for the conduct of an election campaign incurred by, or with the authority of, a candidate or group of candidates; or","sortOrder":252},{"sectionNumber":"sec.127BA","sectionType":"section","heading":"Notice of dedicated account","content":"### sec.127BA Notice of dedicated account\n\nThis section applies if—\nan entity becomes a participant in an election, including because any of the following events happen—\na registered political party endorses a candidate in the election;\na person becomes a candidate in the election;\na third party is registered for the election;\na third party incurs electoral expenditure for the election to the extent the third party is required, under section 127D , to be registered for the election; or\n2 or more candidates become a group of candidates under section 42 (3) .\nThe agent of the participant must give the electoral commission a notice, in the approved form, about the participant’s dedicated account for the election within 5 business days after the event happens, unless the agent has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a required detail of a participant’s dedicated account changes, the agent of the participant must give the electoral commission a notice about the change, in the approved form, within 5 business days after the change happens, unless the agent has a reasonable excuse.\nMaximum penalty—20 penalty units.\nHowever, the agent of a candidate need not comply with subsection (2) in relation to an election if—\nnotice of the candidate’s dedicated account for a previous election was given under this section; and\nthe same account is the candidate’s dedicated account for the election to which subsection (2) applies; and\nnone of the required details of the account have changed since the notice was given.\nAlso, the agent of a candidate or group of candidates need not comply with subsection (2) if—\nfor the agent of a candidate—\nthe candidate becomes a participant because the candidate’s nomination as a candidate for the election was certified by the returning officer under section 27 (3) (a) ; and\nthe candidate’s nomination included information about the candidate’s dedicated account; or\nfor the agent of a group of candidates—the notice of the membership of the group given under section 42 included information about the group’s dedicated account.\nIn this section—\nrequired detail , of a dedicated account, means a detail about the account required to be stated in the approved form mentioned in subsection (2) .\ns 127BA ins 2023 No. 8 s 46\n(sec.127BA-ssec.1) This section applies if— an entity becomes a participant in an election, including because any of the following events happen— a registered political party endorses a candidate in the election; a person becomes a candidate in the election; a third party is registered for the election; a third party incurs electoral expenditure for the election to the extent the third party is required, under section 127D , to be registered for the election; or 2 or more candidates become a group of candidates under section 42 (3) .\n(sec.127BA-ssec.2) The agent of the participant must give the electoral commission a notice, in the approved form, about the participant’s dedicated account for the election within 5 business days after the event happens, unless the agent has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.127BA-ssec.3) If a required detail of a participant’s dedicated account changes, the agent of the participant must give the electoral commission a notice about the change, in the approved form, within 5 business days after the change happens, unless the agent has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.127BA-ssec.4) However, the agent of a candidate need not comply with subsection (2) in relation to an election if— notice of the candidate’s dedicated account for a previous election was given under this section; and the same account is the candidate’s dedicated account for the election to which subsection (2) applies; and none of the required details of the account have changed since the notice was given.\n(sec.127BA-ssec.5) Also, the agent of a candidate or group of candidates need not comply with subsection (2) if— for the agent of a candidate— the candidate becomes a participant because the candidate’s nomination as a candidate for the election was certified by the returning officer under section 27 (3) (a) ; and the candidate’s nomination included information about the candidate’s dedicated account; or for the agent of a group of candidates—the notice of the membership of the group given under section 42 included information about the group’s dedicated account.\n(sec.127BA-ssec.6) In this section— required detail , of a dedicated account, means a detail about the account required to be stated in the approved form mentioned in subsection (2) .\n- (a) an entity becomes a participant in an election, including because any of the following events happen— (i) a registered political party endorses a candidate in the election; (ii) a person becomes a candidate in the election; (iii) a third party is registered for the election; (iv) a third party incurs electoral expenditure for the election to the extent the third party is required, under section 127D , to be registered for the election; or\n- (i) a registered political party endorses a candidate in the election;\n- (ii) a person becomes a candidate in the election;\n- (iii) a third party is registered for the election;\n- (iv) a third party incurs electoral expenditure for the election to the extent the third party is required, under section 127D , to be registered for the election; or\n- (b) 2 or more candidates become a group of candidates under section 42 (3) .\n- (i) a registered political party endorses a candidate in the election;\n- (ii) a person becomes a candidate in the election;\n- (iii) a third party is registered for the election;\n- (iv) a third party incurs electoral expenditure for the election to the extent the third party is required, under section 127D , to be registered for the election; or\n- (a) notice of the candidate’s dedicated account for a previous election was given under this section; and\n- (b) the same account is the candidate’s dedicated account for the election to which subsection (2) applies; and\n- (c) none of the required details of the account have changed since the notice was given.\n- (a) for the agent of a candidate— (i) the candidate becomes a participant because the candidate’s nomination as a candidate for the election was certified by the returning officer under section 27 (3) (a) ; and (ii) the candidate’s nomination included information about the candidate’s dedicated account; or\n- (i) the candidate becomes a participant because the candidate’s nomination as a candidate for the election was certified by the returning officer under section 27 (3) (a) ; and\n- (ii) the candidate’s nomination included information about the candidate’s dedicated account; or\n- (b) for the agent of a group of candidates—the notice of the membership of the group given under section 42 included information about the group’s dedicated account.\n- (i) the candidate becomes a participant because the candidate’s nomination as a candidate for the election was certified by the returning officer under section 27 (3) (a) ; and\n- (ii) the candidate’s nomination included information about the candidate’s dedicated account; or","sortOrder":253},{"sectionNumber":"sec.127C","sectionType":"section","heading":"Time for prosecuting offences","content":"### sec.127C Time for prosecuting offences\n\nA prosecution for an offence against this division may be started at any time within 4 years after the offence was committed.\ns 127C ins 2019 No. 30 s 188","sortOrder":254},{"sectionNumber":"pt.6-div.5A","sectionType":"division","heading":"Registration of third parties","content":"## Registration of third parties","sortOrder":255},{"sectionNumber":"sec.127D","sectionType":"section","heading":"Requirement for registration","content":"### sec.127D Requirement for registration\n\nA third party must be registered under this part for an election if the electoral expenditure incurred by, or with the authority of, the third party during the capped expenditure period for the election exceeds $6,000.\nTo remove any doubt, it is declared that a third party does not commit an offence against this Act or another Act only because the third party fails to register for an election under subsection (1) .\nUnder section 123O , a third party that is not registered for an election commits an offence if it incurs electoral expenditure of more than $6,000 during the capped expenditure period for the election.\ns 127D ins 2023 No. 8 s 47\n(sec.127D-ssec.1) A third party must be registered under this part for an election if the electoral expenditure incurred by, or with the authority of, the third party during the capped expenditure period for the election exceeds $6,000.\n(sec.127D-ssec.2) To remove any doubt, it is declared that a third party does not commit an offence against this Act or another Act only because the third party fails to register for an election under subsection (1) . Under section 123O , a third party that is not registered for an election commits an offence if it incurs electoral expenditure of more than $6,000 during the capped expenditure period for the election.","sortOrder":256},{"sectionNumber":"sec.127E","sectionType":"section","heading":"Register of third parties","content":"### sec.127E Register of third parties\n\nThe electoral commission must, for each election, keep a register of the third parties registered under this part for the election.\nThe register—\nis called the register of third parties for the election for which the register is kept; and\nmust be kept up to date; and\nmay be kept in the way, and in the form, the electoral commission considers appropriate.\nSee section 135B for the requirement to make information on the register available for public inspection.\ns 127E ins 2023 No. 8 s 47\n(sec.127E-ssec.1) The electoral commission must, for each election, keep a register of the third parties registered under this part for the election.\n(sec.127E-ssec.2) The register— is called the register of third parties for the election for which the register is kept; and must be kept up to date; and may be kept in the way, and in the form, the electoral commission considers appropriate. See section 135B for the requirement to make information on the register available for public inspection.\n- (a) is called the register of third parties for the election for which the register is kept; and\n- (b) must be kept up to date; and\n- (c) may be kept in the way, and in the form, the electoral commission considers appropriate.","sortOrder":257},{"sectionNumber":"sec.127F","sectionType":"section","heading":"Application for registration","content":"### sec.127F Application for registration\n\nA third party that intends to incur electoral expenditure for an election may apply to the electoral commission for registration for the election.\nThe application must—\nbe in the approved form; and\ninclude the details prescribed by regulation for the application; and\nif the third party is not an individual—be accompanied by a notice mentioned in section 116C (1) (c) of the appointment of a person as the third party’s agent; and\nbe made to the electoral commission before the polling day for the election.\ns 127F ins 2023 No. 8 s 47\n(sec.127F-ssec.1) A third party that intends to incur electoral expenditure for an election may apply to the electoral commission for registration for the election.\n(sec.127F-ssec.2) The application must— be in the approved form; and include the details prescribed by regulation for the application; and if the third party is not an individual—be accompanied by a notice mentioned in section 116C (1) (c) of the appointment of a person as the third party’s agent; and be made to the electoral commission before the polling day for the election.\n- (a) be in the approved form; and\n- (b) include the details prescribed by regulation for the application; and\n- (c) if the third party is not an individual—be accompanied by a notice mentioned in section 116C (1) (c) of the appointment of a person as the third party’s agent; and\n- (d) be made to the electoral commission before the polling day for the election.","sortOrder":258},{"sectionNumber":"sec.127G","sectionType":"section","heading":"Deciding application","content":"### sec.127G Deciding application\n\nThe electoral commission must decide to approve or refuse the application as soon as practicable after receiving it.\nThe electoral commission must refuse the application if it was not made before the day required under section 127F (2) (d) .\nOtherwise, the electoral commission may refuse the application only if it is incomplete or incorrect.\ns 127G ins 2023 No. 8 s 47\n(sec.127G-ssec.1) The electoral commission must decide to approve or refuse the application as soon as practicable after receiving it.\n(sec.127G-ssec.2) The electoral commission must refuse the application if it was not made before the day required under section 127F (2) (d) .\n(sec.127G-ssec.3) Otherwise, the electoral commission may refuse the application only if it is incomplete or incorrect.","sortOrder":259},{"sectionNumber":"sec.127H","sectionType":"section","heading":"Registration","content":"### sec.127H Registration\n\nThis section applies if the electoral commission decides to approve the application.\nAs soon as practicable after making the decision, the electoral commission must—\nenter the details about the third party stated in the application in the register of third parties kept for the election; and\ngive the third party written notice that the third party has been registered for the election.\ns 127H ins 2023 No. 8 s 47\n(sec.127H-ssec.1) This section applies if the electoral commission decides to approve the application.\n(sec.127H-ssec.2) As soon as practicable after making the decision, the electoral commission must— enter the details about the third party stated in the application in the register of third parties kept for the election; and give the third party written notice that the third party has been registered for the election.\n- (a) enter the details about the third party stated in the application in the register of third parties kept for the election; and\n- (b) give the third party written notice that the third party has been registered for the election.","sortOrder":260},{"sectionNumber":"sec.127I","sectionType":"section","heading":"Decision to refuse application","content":"### sec.127I Decision to refuse application\n\nIf the electoral commission decides to refuse the application, the electoral commission must give the third party written notice of the decision as soon as practicable after making the decision.\nThe notice must state—\nthe electoral commission has decided to refuse the application; and\nthe reason for the refusal; and\nif the reason for the refusal is the application is incomplete or incorrect—that the third party may—\namend the application in the way stated in the notice; and\nresubmit the application to the electoral commission within 30 days after receiving the notice.\nAn application that is amended and resubmitted to the electoral commission as stated in the notice under subsection (2) (c) is taken to have been made on the day the original application was made.\ns 127I ins 2023 No. 8 s 47\n(sec.127I-ssec.1) If the electoral commission decides to refuse the application, the electoral commission must give the third party written notice of the decision as soon as practicable after making the decision.\n(sec.127I-ssec.2) The notice must state— the electoral commission has decided to refuse the application; and the reason for the refusal; and if the reason for the refusal is the application is incomplete or incorrect—that the third party may— amend the application in the way stated in the notice; and resubmit the application to the electoral commission within 30 days after receiving the notice.\n(sec.127I-ssec.3) An application that is amended and resubmitted to the electoral commission as stated in the notice under subsection (2) (c) is taken to have been made on the day the original application was made.\n- (a) the electoral commission has decided to refuse the application; and\n- (b) the reason for the refusal; and\n- (c) if the reason for the refusal is the application is incomplete or incorrect—that the third party may— (i) amend the application in the way stated in the notice; and (ii) resubmit the application to the electoral commission within 30 days after receiving the notice.\n- (i) amend the application in the way stated in the notice; and\n- (ii) resubmit the application to the electoral commission within 30 days after receiving the notice.\n- (i) amend the application in the way stated in the notice; and\n- (ii) resubmit the application to the electoral commission within 30 days after receiving the notice.","sortOrder":261},{"sectionNumber":"sec.127J","sectionType":"section","heading":"Obligation to notify electoral commission of change to details","content":"### sec.127J Obligation to notify electoral commission of change to details\n\nIf a relevant detail about a registered third party changes, the agent of the third party must give the electoral commission notice about the change, in the approved form, within 30 days after the change happens.\nMaximum penalty—20 penalty units.\nA person does not commit an offence against subsection (1) if the person has a reasonable excuse.\nIn this section—\nrelevant detail , about a registered third party, means—\na detail about the third party stated in the third party’s application for registration for an election; or\nif a detail mentioned in paragraph (a) has been the subject of a notice under subsection (1) —the changed detail as stated in the notice.\ns 127J ins 2023 No. 8 s 47\n(sec.127J-ssec.1) If a relevant detail about a registered third party changes, the agent of the third party must give the electoral commission notice about the change, in the approved form, within 30 days after the change happens. Maximum penalty—20 penalty units.\n(sec.127J-ssec.2) A person does not commit an offence against subsection (1) if the person has a reasonable excuse.\n(sec.127J-ssec.3) In this section— relevant detail , about a registered third party, means— a detail about the third party stated in the third party’s application for registration for an election; or if a detail mentioned in paragraph (a) has been the subject of a notice under subsection (1) —the changed detail as stated in the notice.\n- (a) a detail about the third party stated in the third party’s application for registration for an election; or\n- (b) if a detail mentioned in paragraph (a) has been the subject of a notice under subsection (1) —the changed detail as stated in the notice.","sortOrder":262},{"sectionNumber":"sec.127K","sectionType":"section","heading":"Cancellation of registration","content":"### sec.127K Cancellation of registration\n\nThe agent of a registered third party may ask the electoral commission, in writing, to cancel the third party’s registration for an election.\nThe electoral commission must cancel the registered third party’s registration for the election if the electoral commission is satisfied that the obligations that apply to the third party for the election under this part have ended.\nIf the electoral commission cancels the registration, the electoral commission must—\nrecord the cancellation and the day of the cancellation in the register of third parties for the election; and\ngive the third party notice about the cancellation.\nThe cancellation takes effect on—\nthe day the third party receives the notice; or\nif a later day is stated in the notice—the stated day.\nIf the electoral commission refuses to cancel the registration, the electoral commission must give the registered third party a notice stating the electoral commission’s decision and reasons for the decision.\ns 127K ins 2023 No. 8 s 47\n(sec.127K-ssec.1) The agent of a registered third party may ask the electoral commission, in writing, to cancel the third party’s registration for an election.\n(sec.127K-ssec.2) The electoral commission must cancel the registered third party’s registration for the election if the electoral commission is satisfied that the obligations that apply to the third party for the election under this part have ended.\n(sec.127K-ssec.3) If the electoral commission cancels the registration, the electoral commission must— record the cancellation and the day of the cancellation in the register of third parties for the election; and give the third party notice about the cancellation.\n(sec.127K-ssec.4) The cancellation takes effect on— the day the third party receives the notice; or if a later day is stated in the notice—the stated day.\n(sec.127K-ssec.5) If the electoral commission refuses to cancel the registration, the electoral commission must give the registered third party a notice stating the electoral commission’s decision and reasons for the decision.\n- (a) record the cancellation and the day of the cancellation in the register of third parties for the election; and\n- (b) give the third party notice about the cancellation.\n- (a) the day the third party receives the notice; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":263},{"sectionNumber":"pt.6-div.5B","sectionType":"division","heading":"Records to be kept","content":"## Records to be kept","sortOrder":264},{"sectionNumber":"sec.127L","sectionType":"section","heading":"Definitions for division","content":"### sec.127L Definitions for division\n\nIn this division—\nprescribed matter , in relation to a relevant entity for an election, see section 127M .\nrelevant entity , for an election, means—\na participant in the election; or\nan associated entity of—\na registered political party that endorses a candidate in the election; or\na candidate in the election; or\na group of candidates for the election.\ns 127L ins 2023 No. 8 s 47\n- (a) a participant in the election; or\n- (b) an associated entity of— (i) a registered political party that endorses a candidate in the election; or (ii) a candidate in the election; or (iii) a group of candidates for the election.\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election.\n- (i) a registered political party that endorses a candidate in the election; or\n- (ii) a candidate in the election; or\n- (iii) a group of candidates for the election.","sortOrder":265},{"sectionNumber":"sec.127M","sectionType":"section","heading":"Meaning of prescribed matter","content":"### sec.127M Meaning of prescribed matter\n\nEach of the following is a prescribed matter in relation to a relevant entity for an election, other than a third party for the election—\na gift or loan made to, or for the benefit of, the relevant entity;\na gift or loan made by the relevant entity to another relevant entity for the election;\nelectoral expenditure incurred by the relevant entity or with the relevant entity’s authority;\nwithout limiting paragraph (a) , (b) or (c) , a return given, or required to be given, by or for the relevant entity under division 3 , 4A or 4B and the matters required to be stated in the return;\nfor a relevant entity that is a candidate in the election or a group of candidates for the election—an amount paid into or from the relevant entity’s dedicated account;\nfor a relevant entity that is a registered political party that endorses a candidate in the election—an amount paid from the relevant entity’s dedicated account;\nanother matter prescribed by regulation to be a prescribed matter in relation to the relevant entity.\nAlso, each of the following is a prescribed matter in relation to a relevant entity that is a third party for an election—\na gift made to the third party about which the third party is required to give the electoral commission a return under section 118A ;\nelectoral expenditure incurred by the third party, or with the third party’s authority, during the capped expenditure period for the election;\nwithout limiting paragraph (a) or (b) , a return given, or required to be given, by or for the third party under division 3 or 4A and the matters required to be stated in the return;\nif the third party is required to operate a dedicated account under section 127AB for the election—an amount paid from the third party’s dedicated account;\nanother matter prescribed by regulation to be a prescribed matter in relation to the third party.\ns 127M ins 2023 No. 8 s 47\n(sec.127M-ssec.1) Each of the following is a prescribed matter in relation to a relevant entity for an election, other than a third party for the election— a gift or loan made to, or for the benefit of, the relevant entity; a gift or loan made by the relevant entity to another relevant entity for the election; electoral expenditure incurred by the relevant entity or with the relevant entity’s authority; without limiting paragraph (a) , (b) or (c) , a return given, or required to be given, by or for the relevant entity under division 3 , 4A or 4B and the matters required to be stated in the return; for a relevant entity that is a candidate in the election or a group of candidates for the election—an amount paid into or from the relevant entity’s dedicated account; for a relevant entity that is a registered political party that endorses a candidate in the election—an amount paid from the relevant entity’s dedicated account; another matter prescribed by regulation to be a prescribed matter in relation to the relevant entity.\n(sec.127M-ssec.2) Also, each of the following is a prescribed matter in relation to a relevant entity that is a third party for an election— a gift made to the third party about which the third party is required to give the electoral commission a return under section 118A ; electoral expenditure incurred by the third party, or with the third party’s authority, during the capped expenditure period for the election; without limiting paragraph (a) or (b) , a return given, or required to be given, by or for the third party under division 3 or 4A and the matters required to be stated in the return; if the third party is required to operate a dedicated account under section 127AB for the election—an amount paid from the third party’s dedicated account; another matter prescribed by regulation to be a prescribed matter in relation to the third party.\n- (a) a gift or loan made to, or for the benefit of, the relevant entity;\n- (b) a gift or loan made by the relevant entity to another relevant entity for the election;\n- (c) electoral expenditure incurred by the relevant entity or with the relevant entity’s authority;\n- (d) without limiting paragraph (a) , (b) or (c) , a return given, or required to be given, by or for the relevant entity under division 3 , 4A or 4B and the matters required to be stated in the return;\n- (e) for a relevant entity that is a candidate in the election or a group of candidates for the election—an amount paid into or from the relevant entity’s dedicated account;\n- (f) for a relevant entity that is a registered political party that endorses a candidate in the election—an amount paid from the relevant entity’s dedicated account;\n- (g) another matter prescribed by regulation to be a prescribed matter in relation to the relevant entity.\n- (a) a gift made to the third party about which the third party is required to give the electoral commission a return under section 118A ;\n- (b) electoral expenditure incurred by the third party, or with the third party’s authority, during the capped expenditure period for the election;\n- (c) without limiting paragraph (a) or (b) , a return given, or required to be given, by or for the third party under division 3 or 4A and the matters required to be stated in the return;\n- (d) if the third party is required to operate a dedicated account under section 127AB for the election—an amount paid from the third party’s dedicated account;\n- (e) another matter prescribed by regulation to be a prescribed matter in relation to the third party.","sortOrder":266},{"sectionNumber":"sec.127N","sectionType":"section","heading":"Records to be kept by relevant entities","content":"### sec.127N Records to be kept by relevant entities\n\nA relevant entity for an election must ensure a record about each prescribed matter is made that—\nincludes the information necessary to demonstrate, to the greatest extent practicable, the relevant entity’s compliance with this part and part 9 , division 5 in relation to the prescribed matter; and\nwithout limiting paragraph (a) , includes the information required by regulation to be included in the record; and\ncomplies with section 127R .\nMaximum penalty—20 penalty units.\nA relevant entity may transfer a record made by or for the relevant entity under subsection (1) to another person in the ordinary course of the relevant entity’s business or administration.\nIf a relevant entity transfers a record under subsection (2) , the relevant entity must—\nmake a record about the transfer that includes—\ndetails sufficient to identify the record transferred, including the date it was made; and\nthe name and contact details of the person to whom the record is transferred; and\nthe date the record is transferred; and\ntell the person to whom the record is transferred about the person’s obligations under section 127S in relation to the record.\nMaximum penalty—20 penalty units.\nFor subsection (1) , it does not matter whether a return about the prescribed matter is required to be given to the electoral commission under this part.\ns 127N ins 2023 No. 8 s 47\n(sec.127N-ssec.1) A relevant entity for an election must ensure a record about each prescribed matter is made that— includes the information necessary to demonstrate, to the greatest extent practicable, the relevant entity’s compliance with this part and part 9 , division 5 in relation to the prescribed matter; and without limiting paragraph (a) , includes the information required by regulation to be included in the record; and complies with section 127R . Maximum penalty—20 penalty units.\n(sec.127N-ssec.2) A relevant entity may transfer a record made by or for the relevant entity under subsection (1) to another person in the ordinary course of the relevant entity’s business or administration.\n(sec.127N-ssec.3) If a relevant entity transfers a record under subsection (2) , the relevant entity must— make a record about the transfer that includes— details sufficient to identify the record transferred, including the date it was made; and the name and contact details of the person to whom the record is transferred; and the date the record is transferred; and tell the person to whom the record is transferred about the person’s obligations under section 127S in relation to the record. Maximum penalty—20 penalty units.\n(sec.127N-ssec.4) For subsection (1) , it does not matter whether a return about the prescribed matter is required to be given to the electoral commission under this part.\n- (a) includes the information necessary to demonstrate, to the greatest extent practicable, the relevant entity’s compliance with this part and part 9 , division 5 in relation to the prescribed matter; and\n- (b) without limiting paragraph (a) , includes the information required by regulation to be included in the record; and\n- (c) complies with section 127R .\n- (a) make a record about the transfer that includes— (i) details sufficient to identify the record transferred, including the date it was made; and (ii) the name and contact details of the person to whom the record is transferred; and (iii) the date the record is transferred; and\n- (i) details sufficient to identify the record transferred, including the date it was made; and\n- (ii) the name and contact details of the person to whom the record is transferred; and\n- (iii) the date the record is transferred; and\n- (b) tell the person to whom the record is transferred about the person’s obligations under section 127S in relation to the record.\n- (i) details sufficient to identify the record transferred, including the date it was made; and\n- (ii) the name and contact details of the person to whom the record is transferred; and\n- (iii) the date the record is transferred; and","sortOrder":267},{"sectionNumber":"sec.127O","sectionType":"section","heading":"Records to be kept by agents of participants","content":"### sec.127O Records to be kept by agents of participants\n\nThe agent of a participant in an election must make a record about the agent’s compliance with section 116G that—\nincludes the information necessary to demonstrate, to the greatest extent practicable, each step taken by the agent to comply with section 116G ; and\nwithout limiting paragraph (a) , includes the information required by regulation to be included in the record; and\ncomplies with section 127R .\nMaximum penalty—20 penalty units.\ns 127O ins 2023 No. 8 s 47\n- (a) includes the information necessary to demonstrate, to the greatest extent practicable, each step taken by the agent to comply with section 116G ; and\n- (b) without limiting paragraph (a) , includes the information required by regulation to be included in the record; and\n- (c) complies with section 127R .","sortOrder":268},{"sectionNumber":"sec.127P","sectionType":"section","heading":"Records to be kept about advertisements or other relevant material","content":"### sec.127P Records to be kept about advertisements or other relevant material\n\nThis section applies if—\nelectoral expenditure is incurred to print, publish or broadcast an advertisement or other relevant material; and\na person is required to give the electoral commission a return about the expenditure under section 125 , 125A or 125C in relation to an election.\nThe person must make a record, that complies with subsection (3) and section 127R , about the printing, publishing or broadcast of the advertisement or other relevant material.\nMaximum penalty—20 penalty units.\nThe record must—\nbe accompanied by a copy of the advertisement or other relevant material; and\ncontain—\na description of the audience to which the advertisement or other relevant material was distributed, published or broadcast; and\nother details about the advertisement or other relevant material, or its distribution, publication or broadcast, required by regulation; and\nif the election is for all of a local government’s area—the name of the local government; and\nif the election is for a division of a local government’s area—the name of the division.\ns 127P ins 2023 No. 8 s 47\n(sec.127P-ssec.1) This section applies if— electoral expenditure is incurred to print, publish or broadcast an advertisement or other relevant material; and a person is required to give the electoral commission a return about the expenditure under section 125 , 125A or 125C in relation to an election.\n(sec.127P-ssec.2) The person must make a record, that complies with subsection (3) and section 127R , about the printing, publishing or broadcast of the advertisement or other relevant material. Maximum penalty—20 penalty units.\n(sec.127P-ssec.3) The record must— be accompanied by a copy of the advertisement or other relevant material; and contain— a description of the audience to which the advertisement or other relevant material was distributed, published or broadcast; and other details about the advertisement or other relevant material, or its distribution, publication or broadcast, required by regulation; and if the election is for all of a local government’s area—the name of the local government; and if the election is for a division of a local government’s area—the name of the division.\n- (a) electoral expenditure is incurred to print, publish or broadcast an advertisement or other relevant material; and\n- (b) a person is required to give the electoral commission a return about the expenditure under section 125 , 125A or 125C in relation to an election.\n- (a) be accompanied by a copy of the advertisement or other relevant material; and\n- (b) contain— (i) a description of the audience to which the advertisement or other relevant material was distributed, published or broadcast; and (ii) other details about the advertisement or other relevant material, or its distribution, publication or broadcast, required by regulation; and (iii) if the election is for all of a local government’s area—the name of the local government; and (iv) if the election is for a division of a local government’s area—the name of the division.\n- (i) a description of the audience to which the advertisement or other relevant material was distributed, published or broadcast; and\n- (ii) other details about the advertisement or other relevant material, or its distribution, publication or broadcast, required by regulation; and\n- (iii) if the election is for all of a local government’s area—the name of the local government; and\n- (iv) if the election is for a division of a local government’s area—the name of the division.\n- (i) a description of the audience to which the advertisement or other relevant material was distributed, published or broadcast; and\n- (ii) other details about the advertisement or other relevant material, or its distribution, publication or broadcast, required by regulation; and\n- (iii) if the election is for all of a local government’s area—the name of the local government; and\n- (iv) if the election is for a division of a local government’s area—the name of the division.","sortOrder":269},{"sectionNumber":"sec.127Q","sectionType":"section","heading":"Records to be kept by broadcasters or publishers","content":"### sec.127Q Records to be kept by broadcasters or publishers\n\nThis section applies to—\na broadcaster who is required to give the electoral commission a return under section 125D ; or\na publisher who is required to give the electoral commission a return under section 125E .\nThe broadcaster or publisher must make a record, that complies with section 127R , about the return and the matters required to be stated in the return.\nMaximum penalty—20 penalty units.\ns 127Q ins 2023 No. 8 s 47\n(sec.127Q-ssec.1) This section applies to— a broadcaster who is required to give the electoral commission a return under section 125D ; or a publisher who is required to give the electoral commission a return under section 125E .\n(sec.127Q-ssec.2) The broadcaster or publisher must make a record, that complies with section 127R , about the return and the matters required to be stated in the return. Maximum penalty—20 penalty units.\n- (a) a broadcaster who is required to give the electoral commission a return under section 125D ; or\n- (b) a publisher who is required to give the electoral commission a return under section 125E .","sortOrder":270},{"sectionNumber":"sec.127R","sectionType":"section","heading":"Requirements for records","content":"### sec.127R Requirements for records\n\nA record required to be made under this division must—\nbe in English; and\nbe accurate; and\nbe made in—\npaper or electronic form; or\nanother form approved by the electoral commission by notice published on the electoral commission’s website; and\nbe made in a way that allows the record to be—\nconveniently and properly investigated or examined by an authorised officer under this part; and\nfor a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\ns 127R ins 2023 No. 8 s 47\n- (a) be in English; and\n- (b) be accurate; and\n- (c) be made in— (i) paper or electronic form; or (ii) another form approved by the electoral commission by notice published on the electoral commission’s website; and\n- (i) paper or electronic form; or\n- (ii) another form approved by the electoral commission by notice published on the electoral commission’s website; and\n- (d) be made in a way that allows the record to be— (i) conveniently and properly investigated or examined by an authorised officer under this part; and (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\n- (i) conveniently and properly investigated or examined by an authorised officer under this part; and\n- (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\n- (i) paper or electronic form; or\n- (ii) another form approved by the electoral commission by notice published on the electoral commission’s website; and\n- (i) conveniently and properly investigated or examined by an authorised officer under this part; and\n- (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .","sortOrder":271},{"sectionNumber":"sec.127S","sectionType":"section","heading":"Records must be kept for 5 years","content":"### sec.127S Records must be kept for 5 years\n\nThis section applies to—\na person required to make a record under this division other than section 127N ; and\na person required to make a record under section 127N (1) , unless the person has transferred the record under section 127N (2) ; and\na person to whom a record has been transferred under section 127N (2) ; and\na person required to make a record under section 127N (3) .\nThe person must keep the record, unless the person has a reasonable excuse—\nfor 5 years after the day the record is made; and\nin a way that allows the record to be—\nconveniently and properly investigated or examined by an authorised officer under this part; and\nfor a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\nMaximum penalty—20 penalty units.\ns 127S ins 2023 No. 8 s 47\n(sec.127S-ssec.1) This section applies to— a person required to make a record under this division other than section 127N ; and a person required to make a record under section 127N (1) , unless the person has transferred the record under section 127N (2) ; and a person to whom a record has been transferred under section 127N (2) ; and a person required to make a record under section 127N (3) .\n(sec.127S-ssec.2) The person must keep the record, unless the person has a reasonable excuse— for 5 years after the day the record is made; and in a way that allows the record to be— conveniently and properly investigated or examined by an authorised officer under this part; and for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U . Maximum penalty—20 penalty units.\n- (a) a person required to make a record under this division other than section 127N ; and\n- (b) a person required to make a record under section 127N (1) , unless the person has transferred the record under section 127N (2) ; and\n- (c) a person to whom a record has been transferred under section 127N (2) ; and\n- (d) a person required to make a record under section 127N (3) .\n- (a) for 5 years after the day the record is made; and\n- (b) in a way that allows the record to be— (i) conveniently and properly investigated or examined by an authorised officer under this part; and (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\n- (i) conveniently and properly investigated or examined by an authorised officer under this part; and\n- (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .\n- (i) conveniently and properly investigated or examined by an authorised officer under this part; and\n- (ii) for a record made by or for a participant—readily given, under this part, to an auditor appointed to conduct an audit under section 127U .","sortOrder":272},{"sectionNumber":"sec.127T","sectionType":"section","heading":"Division does not limit other record-keeping provisions","content":"### sec.127T Division does not limit other record-keeping provisions\n\nThis division does not limit another provision of this Act about making or keeping a record.\ns 127T ins 2023 No. 8 s 47","sortOrder":273},{"sectionNumber":"pt.6-div.5C","sectionType":"division","heading":"Audits","content":"## Audits","sortOrder":274},{"sectionNumber":"sec.127U","sectionType":"section","heading":"Electoral commission may appoint auditor","content":"### sec.127U Electoral commission may appoint auditor\n\nThe electoral commission may, by instrument, appoint an auditor to conduct an audit of a participant in an election under this division.\nAn auditor may be appointed to audit any of the following matters stated in the instrument of appointment—\na return given to the electoral commission under division 3 or 4A by a participant in an election;\nthe dedicated account of a participant in an election;\nthe compliance of a participant in an election with this part generally or part 9 , division 5 .\nThe electoral commission may appoint an auditor to conduct an audit under subsection (1) whether or not the electoral commission suspects the participant has contravened a provision of this part or part 9 , division 5 .\ns 127U ins 2023 No. 8 s 47\n(sec.127U-ssec.1) The electoral commission may, by instrument, appoint an auditor to conduct an audit of a participant in an election under this division.\n(sec.127U-ssec.2) An auditor may be appointed to audit any of the following matters stated in the instrument of appointment— a return given to the electoral commission under division 3 or 4A by a participant in an election; the dedicated account of a participant in an election; the compliance of a participant in an election with this part generally or part 9 , division 5 .\n(sec.127U-ssec.3) The electoral commission may appoint an auditor to conduct an audit under subsection (1) whether or not the electoral commission suspects the participant has contravened a provision of this part or part 9 , division 5 .\n- (a) a return given to the electoral commission under division 3 or 4A by a participant in an election;\n- (b) the dedicated account of a participant in an election;\n- (c) the compliance of a participant in an election with this part generally or part 9 , division 5 .","sortOrder":275},{"sectionNumber":"sec.127V","sectionType":"section","heading":"Participant in election must assist appointed auditor","content":"### sec.127V Participant in election must assist appointed auditor\n\nThis section applies if an auditor is appointed under section 127U to conduct an audit of a participant in an election.\nThe participant must give the auditor the assistance the auditor reasonably requires to conduct the audit.\nMaximum penalty—200 penalty units.\nWithout limiting subsection (2) , the participant must give the auditor—\nfull and free access, at all reasonable times, to all accounts, records and documents reasonably required by the auditor that—\nare in the possession, or under the control, of the participant; and\nrelate, directly or indirectly, to a matter being audited; and\nother information, or an explanation, the auditor reasonably requires about a matter being audited.\nFor subsection (3) , a matter being audited includes—\nfor an audit about a return given under division 3 or 4A —a matter required to be stated in the return; or\nfor an audit of a dedicated account—a transaction on the dedicated account carried out, or required to be carried out, under this part.\nIn this section—\nreasonably requires means requires on grounds that are reasonable in the circumstances.\ns 127V ins 2023 No. 8 s 47\n(sec.127V-ssec.1) This section applies if an auditor is appointed under section 127U to conduct an audit of a participant in an election.\n(sec.127V-ssec.2) The participant must give the auditor the assistance the auditor reasonably requires to conduct the audit. Maximum penalty—200 penalty units.\n(sec.127V-ssec.3) Without limiting subsection (2) , the participant must give the auditor— full and free access, at all reasonable times, to all accounts, records and documents reasonably required by the auditor that— are in the possession, or under the control, of the participant; and relate, directly or indirectly, to a matter being audited; and other information, or an explanation, the auditor reasonably requires about a matter being audited.\n(sec.127V-ssec.4) For subsection (3) , a matter being audited includes— for an audit about a return given under division 3 or 4A —a matter required to be stated in the return; or for an audit of a dedicated account—a transaction on the dedicated account carried out, or required to be carried out, under this part.\n(sec.127V-ssec.5) In this section— reasonably requires means requires on grounds that are reasonable in the circumstances.\n- (a) full and free access, at all reasonable times, to all accounts, records and documents reasonably required by the auditor that— (i) are in the possession, or under the control, of the participant; and (ii) relate, directly or indirectly, to a matter being audited; and\n- (i) are in the possession, or under the control, of the participant; and\n- (ii) relate, directly or indirectly, to a matter being audited; and\n- (b) other information, or an explanation, the auditor reasonably requires about a matter being audited.\n- (i) are in the possession, or under the control, of the participant; and\n- (ii) relate, directly or indirectly, to a matter being audited; and\n- (a) for an audit about a return given under division 3 or 4A —a matter required to be stated in the return; or\n- (b) for an audit of a dedicated account—a transaction on the dedicated account carried out, or required to be carried out, under this part.","sortOrder":276},{"sectionNumber":"sec.127W","sectionType":"section","heading":"Audit report","content":"### sec.127W Audit report\n\nAn auditor who conducts an audit of a participant in an election under this division must prepare a report about the audit.\nThe report—\nmust state whether, in the auditor’s opinion—\nthe participant has been truthful and accurate in relation to the matters audited; and\nthe participant has, or may have, contravened a provision of this part or part 9 , division 5 ; and\nmay suggest ways the practices or systems used by the participant to manage its financial affairs may be improved to assist the participant’s compliance with this part or part 9 , division 5 .\nThe auditor must give a copy of the report to—\nthe electoral commission; and\nthe participant.\ns 127W ins 2023 No. 8 s 47\n(sec.127W-ssec.1) An auditor who conducts an audit of a participant in an election under this division must prepare a report about the audit.\n(sec.127W-ssec.2) The report— must state whether, in the auditor’s opinion— the participant has been truthful and accurate in relation to the matters audited; and the participant has, or may have, contravened a provision of this part or part 9 , division 5 ; and may suggest ways the practices or systems used by the participant to manage its financial affairs may be improved to assist the participant’s compliance with this part or part 9 , division 5 .\n(sec.127W-ssec.3) The auditor must give a copy of the report to— the electoral commission; and the participant.\n- (a) must state whether, in the auditor’s opinion— (i) the participant has been truthful and accurate in relation to the matters audited; and (ii) the participant has, or may have, contravened a provision of this part or part 9 , division 5 ; and\n- (i) the participant has been truthful and accurate in relation to the matters audited; and\n- (ii) the participant has, or may have, contravened a provision of this part or part 9 , division 5 ; and\n- (b) may suggest ways the practices or systems used by the participant to manage its financial affairs may be improved to assist the participant’s compliance with this part or part 9 , division 5 .\n- (i) the participant has been truthful and accurate in relation to the matters audited; and\n- (ii) the participant has, or may have, contravened a provision of this part or part 9 , division 5 ; and\n- (a) the electoral commission; and\n- (b) the participant.","sortOrder":277},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Publication of returns","content":"## Publication of returns","sortOrder":278},{"sectionNumber":"sec.128","sectionType":"section","heading":"Electoral commission must publish returns and other documents","content":"### sec.128 Electoral commission must publish returns and other documents\n\nThe electoral commission must publish the following returns and other documents on its website—\nall returns given to the electoral commission under this part;\napplications made to the electoral commission under section 132 ;\ncopies of information given by the electoral commission under section 130 (2) ;\nstatutory declarations given to the electoral commission under section 130 (5) ;\ncopies of notices given by the electoral commission under section 131 (3) ;\nparticulars given to the electoral commission after a request made under section 131 (3) ;\nnotices given to the electoral commission under section 198 (2) .\nA return or other document must be published within 5 business days after it is given to the commission.\nHowever, if publishing a return or other document would disclose any of the following information, the electoral commission must publish a copy of the return or document from which the information has been deleted—\nif the electoral commission is informed, by the person giving the return, that an individual identified in the return is a silent elector or an elector whose status is equivalent or similar to a silent elector under a law of the Commonwealth or another State—the address of the individual elector;\nthe street address, but not the suburb, town, city or other locality including the State, of each individual identified in the return;\na copy of, or extract from, a bank statement mentioned in section 125 (4) , 125A (4) or 125C (4) that accompanied a return given under that section;\nthe details of a participant’s dedicated account;\ninformation prescribed by regulation for this subsection.\ns 128 amd 2014 No. 44 s 88; 2019 No. 30 s 240 ; 2023 No. 8 s 48\n(sec.128-ssec.1) The electoral commission must publish the following returns and other documents on its website— all returns given to the electoral commission under this part; applications made to the electoral commission under section 132 ; copies of information given by the electoral commission under section 130 (2) ; statutory declarations given to the electoral commission under section 130 (5) ; copies of notices given by the electoral commission under section 131 (3) ; particulars given to the electoral commission after a request made under section 131 (3) ; notices given to the electoral commission under section 198 (2) .\n(sec.128-ssec.2) A return or other document must be published within 5 business days after it is given to the commission.\n(sec.128-ssec.3) However, if publishing a return or other document would disclose any of the following information, the electoral commission must publish a copy of the return or document from which the information has been deleted— if the electoral commission is informed, by the person giving the return, that an individual identified in the return is a silent elector or an elector whose status is equivalent or similar to a silent elector under a law of the Commonwealth or another State—the address of the individual elector; the street address, but not the suburb, town, city or other locality including the State, of each individual identified in the return; a copy of, or extract from, a bank statement mentioned in section 125 (4) , 125A (4) or 125C (4) that accompanied a return given under that section; the details of a participant’s dedicated account; information prescribed by regulation for this subsection.\n- (a) all returns given to the electoral commission under this part;\n- (b) applications made to the electoral commission under section 132 ;\n- (c) copies of information given by the electoral commission under section 130 (2) ;\n- (d) statutory declarations given to the electoral commission under section 130 (5) ;\n- (e) copies of notices given by the electoral commission under section 131 (3) ;\n- (f) particulars given to the electoral commission after a request made under section 131 (3) ;\n- (g) notices given to the electoral commission under section 198 (2) .\n- (a) if the electoral commission is informed, by the person giving the return, that an individual identified in the return is a silent elector or an elector whose status is equivalent or similar to a silent elector under a law of the Commonwealth or another State—the address of the individual elector;\n- (b) the street address, but not the suburb, town, city or other locality including the State, of each individual identified in the return;\n- (c) a copy of, or extract from, a bank statement mentioned in section 125 (4) , 125A (4) or 125C (4) that accompanied a return given under that section;\n- (d) the details of a participant’s dedicated account;\n- (e) information prescribed by regulation for this subsection.","sortOrder":279},{"sectionNumber":"sec.129","sectionType":"section","heading":"Access to published returns and other documents","content":"### sec.129 Access to published returns and other documents\n\nThe electoral commission must ensure that the public may inspect a return or other document published under section 128 —\nat the commission’s public office; and\non the commission’s website.\ns 129 sub 2019 No. 30 s 241\n- (a) at the commission’s public office; and\n- (b) on the commission’s website.","sortOrder":280},{"sectionNumber":"sec.130","sectionType":"section","heading":"Queries on contents of return","content":"### sec.130 Queries on contents of return\n\nA person who suspects or believes, on reasonable grounds, that a return given to the electoral commission under this part has an error or omission may, in writing, inform the electoral commission of the suspicion or belief.\nThe electoral commission must immediately, after being informed under subsection (1) , take reasonable steps to inform, in writing, the person who gave the return about the suspicion or belief.\nThe person who gave the return must, within 30 days after being informed under subsection (2) , establish whether the return should be amended to make it a true record of fact.\nIf the person establishes that the return should be amended, the person must apply, under section 132 , to the electoral commission to amend the return to correct the error or omission.\nIf the person establishes the return does not need to be amended, the person must—\ncomplete a statutory declaration to the effect that the particulars in the return are a true record of fact; and\ngive the statutory declaration to the electoral commission.\ns 130 amd 2019 No. 30 s 242\n(sec.130-ssec.1) A person who suspects or believes, on reasonable grounds, that a return given to the electoral commission under this part has an error or omission may, in writing, inform the electoral commission of the suspicion or belief.\n(sec.130-ssec.2) The electoral commission must immediately, after being informed under subsection (1) , take reasonable steps to inform, in writing, the person who gave the return about the suspicion or belief.\n(sec.130-ssec.3) The person who gave the return must, within 30 days after being informed under subsection (2) , establish whether the return should be amended to make it a true record of fact.\n(sec.130-ssec.4) If the person establishes that the return should be amended, the person must apply, under section 132 , to the electoral commission to amend the return to correct the error or omission.\n(sec.130-ssec.5) If the person establishes the return does not need to be amended, the person must— complete a statutory declaration to the effect that the particulars in the return are a true record of fact; and give the statutory declaration to the electoral commission.\n- (a) complete a statutory declaration to the effect that the particulars in the return are a true record of fact; and\n- (b) give the statutory declaration to the electoral commission.","sortOrder":281},{"sectionNumber":"pt.6-div.6A","sectionType":"division","heading":"Authorised officers under pt 6","content":"## Authorised officers under pt 6","sortOrder":282},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Functions and powers of authorised officers etc.","content":"### sec.130A Functions and powers of authorised officers etc.\n\nThe purpose of this division is to ensure the electoral commission has available to it suitably qualified persons who can help the electoral commission properly deal with issues about compliance under this part.\nThe functions of an authorised officer under the Electoral Act 1992 , part 11 , also include the following functions (the further functions )—\nto investigate and enforce compliance with this part;\nto investigate whether an occasion has arisen for the exercise of powers under this part;\nto facilitate the exercise of powers under this part.\nFor the performance of the further functions by an authorised officer—\nthe authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and\non an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and\nthe evidence is at the place or, within the next 7 days, will be at the place; and\nthe electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and\nthe authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and\na person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and\nthe electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and\na reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and\na person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act.\ns 130A ins 2014 No. 44 s 89\namd 2023 No. 8 s 49\n(sec.130A-ssec.1) The purpose of this division is to ensure the electoral commission has available to it suitably qualified persons who can help the electoral commission properly deal with issues about compliance under this part.\n(sec.130A-ssec.2) The functions of an authorised officer under the Electoral Act 1992 , part 11 , also include the following functions (the further functions )— to investigate and enforce compliance with this part; to investigate whether an occasion has arisen for the exercise of powers under this part; to facilitate the exercise of powers under this part.\n(sec.130A-ssec.3) For the performance of the further functions by an authorised officer— the authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and the evidence is at the place or, within the next 7 days, will be at the place; and the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and the authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act.\n- (a) to investigate and enforce compliance with this part;\n- (b) to investigate whether an occasion has arisen for the exercise of powers under this part;\n- (c) to facilitate the exercise of powers under this part.\n- (a) the authorised officer may exercise the officer’s powers under the Electoral Act 1992 , part 11 , divisions 15 to 18 ; and\n- (b) on an application by the authorised officer, a magistrate may issue a warrant for a place under section 336 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and (ii) the evidence is at the place or, within the next 7 days, will be at the place; and\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and\n- (ii) the evidence is at the place or, within the next 7 days, will be at the place; and\n- (c) the electoral commissioner may decide a seized thing is forfeited to the State under section 354 of that Act; and\n- (d) the authorised officer must comply with part 11 , division 19 , subdivision 1 of that Act; and\n- (e) a person who incurs a loss because of the exercise, or purported exercise, of a power mentioned in paragraph (a) may apply for compensation under section 367 of that Act; and\n- (f) the electoral commissioner, an authorised officer and a person acting under the authority or direction of an authorised officer are each a designated person for section 372 of that Act; and\n- (g) a reference in part 11 of that Act to an offence against that part is taken to be a reference to an offence against this part; and\n- (h) a person who is given an information notice under part 11 of that Act has a right to appeal under section 374 of that Act.\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this part; and\n- (ii) the evidence is at the place or, within the next 7 days, will be at the place; and","sortOrder":283},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":284},{"sectionNumber":"sec.130B","sectionType":"section","heading":"Electoral commission must give reminder notice about requirement for return","content":"### sec.130B Electoral commission must give reminder notice about requirement for return\n\nThis section applies if—\na person is required to give the electoral commission any of the following returns (each a relevant return )—\nan advertising return in relation to an election; or\na periodic return in relation to a reporting period; or\na summary return in relation to an election; and\nthe person has not given the relevant return to the electoral commission by the reminder day for the return.\nAs soon as practicable after the reminder day for the relevant return, the electoral commission must give the person a written notice that states—\nthe person is required to give the return; and\nthe provision under which the return is required to be given; and\nthe following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return—\nthe Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;\nsection 117 ;\nsection 118 ;\nsection 118A ;\nsection 118B ;\nsection 120 ;\nsection 125 ;\nsection 125A ;\nsection 125C ;\nsection 125D ;\nsection 125E ;\nsection 125G ;\nsection 195 ;\nsection 197 .\nIf the person to whom the notice must be given is the agent of a candidate who is successful in the election, the electoral commission must also give a copy of the notice to the candidate.\nAlso, if the person to whom the notice must be given is the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election, the electoral commission must also give a copy of the notice to each candidate who is—\na member of the group or endorsed by the party; and\nsuccessful in the election.\nIn this section—\nadvertising return , in relation to an election, means a return required to be given under the following provisions in relation to the election—\nsection 125D (2) ;\nsection 125E (2) .\nperiodic return , in relation to a reporting period, means a return required to be given under section 125G (2) in relation to the period.\nreminder day , for a relevant return, means—\nfor an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or\nfor a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or\nfor a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required.\nsummary return , in relation to an election, means a return required to be given under the following provisions in relation to the election—\nsection 117 (4) ;\nsection 118 (4) ;\nsection 118A (4) ;\nsection 118B (4) ;\nsection 120 (6) ;\nsection 125 (2) ;\nsection 125A (2) ;\nsection 125C (2) .\ns 130B ins 2019 No. 30 s 243\namd 2020 No. 20 s 134\nsub 2023 No. 8 s 50\n(sec.130B-ssec.1) This section applies if— a person is required to give the electoral commission any of the following returns (each a relevant return )— an advertising return in relation to an election; or a periodic return in relation to a reporting period; or a summary return in relation to an election; and the person has not given the relevant return to the electoral commission by the reminder day for the return.\n(sec.130B-ssec.2) As soon as practicable after the reminder day for the relevant return, the electoral commission must give the person a written notice that states— the person is required to give the return; and the provision under which the return is required to be given; and the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ; section 117 ; section 118 ; section 118A ; section 118B ; section 120 ; section 125 ; section 125A ; section 125C ; section 125D ; section 125E ; section 125G ; section 195 ; section 197 .\n(sec.130B-ssec.3) If the person to whom the notice must be given is the agent of a candidate who is successful in the election, the electoral commission must also give a copy of the notice to the candidate.\n(sec.130B-ssec.4) Also, if the person to whom the notice must be given is the agent of a group of candidates for the election, or the agent of a registered political party that endorsed a candidate in the election, the electoral commission must also give a copy of the notice to each candidate who is— a member of the group or endorsed by the party; and successful in the election.\n(sec.130B-ssec.5) In this section— advertising return , in relation to an election, means a return required to be given under the following provisions in relation to the election— section 125D (2) ; section 125E (2) . periodic return , in relation to a reporting period, means a return required to be given under section 125G (2) in relation to the period. reminder day , for a relevant return, means— for an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or for a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or for a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required. summary return , in relation to an election, means a return required to be given under the following provisions in relation to the election— section 117 (4) ; section 118 (4) ; section 118A (4) ; section 118B (4) ; section 120 (6) ; section 125 (2) ; section 125A (2) ; section 125C (2) .\n- (a) a person is required to give the electoral commission any of the following returns (each a relevant return )— (i) an advertising return in relation to an election; or (ii) a periodic return in relation to a reporting period; or (iii) a summary return in relation to an election; and\n- (i) an advertising return in relation to an election; or\n- (ii) a periodic return in relation to a reporting period; or\n- (iii) a summary return in relation to an election; and\n- (b) the person has not given the relevant return to the electoral commission by the reminder day for the return.\n- (i) an advertising return in relation to an election; or\n- (ii) a periodic return in relation to a reporting period; or\n- (iii) a summary return in relation to an election; and\n- (a) the person is required to give the return; and\n- (b) the provision under which the return is required to be given; and\n- (c) the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ; (ii) section 117 ; (iii) section 118 ; (iv) section 118A ; (v) section 118B ; (vi) section 120 ; (vii) section 125 ; (viii) section 125A ; (ix) section 125C ; (x) section 125D ; (xi) section 125E ; (xii) section 125G ; (xiii) section 195 ; (xiv) section 197 .\n- (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;\n- (ii) section 117 ;\n- (iii) section 118 ;\n- (iv) section 118A ;\n- (v) section 118B ;\n- (vi) section 120 ;\n- (vii) section 125 ;\n- (viii) section 125A ;\n- (ix) section 125C ;\n- (x) section 125D ;\n- (xi) section 125E ;\n- (xii) section 125G ;\n- (xiii) section 195 ;\n- (xiv) section 197 .\n- (i) the Local Government Act 2009 , sections 153 , 162 , 172 and 175K and the City of Brisbane Act 2010 , sections 153 , 162 , 174 and 186B ;\n- (ii) section 117 ;\n- (iii) section 118 ;\n- (iv) section 118A ;\n- (v) section 118B ;\n- (vi) section 120 ;\n- (vii) section 125 ;\n- (viii) section 125A ;\n- (ix) section 125C ;\n- (x) section 125D ;\n- (xi) section 125E ;\n- (xii) section 125G ;\n- (xiii) section 195 ;\n- (xiv) section 197 .\n- (a) a member of the group or endorsed by the party; and\n- (b) successful in the election.\n- (a) section 125D (2) ;\n- (b) section 125E (2) .\n- (a) for an advertising return in relation to an election—the day that is 5 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required; or\n- (b) for a periodic return in relation to a reporting period—the day that is 5 weeks after the end of the reporting period; or\n- (c) for a summary return in relation to an election—the day that is 10 weeks after the polling day for the election or, if no poll is conducted for the election, the day a poll would have been conducted if it were required.\n- (a) section 117 (4) ;\n- (b) section 118 (4) ;\n- (c) section 118A (4) ;\n- (d) section 118B (4) ;\n- (e) section 120 (6) ;\n- (f) section 125 (2) ;\n- (g) section 125A (2) ;\n- (h) section 125C (2) .","sortOrder":285},{"sectionNumber":"sec.130C","sectionType":"section","heading":"Electoral commission must give notice about agent’s failure to give return","content":"### sec.130C Electoral commission must give notice about agent’s failure to give return\n\nThis section applies if—\nan agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election—\nis required to give the electoral commission a summary return in relation to the election; and\nhas not given the return to the electoral commission within the required period for the election; and\nthe candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.\nThe electoral commission must, as soon as practicable after the end of the required period, give each successful candidate represented by the agent (each the councillor ) a notice stating—\nthat the agent has failed to give the electoral commission the summary return within the required period; and\nthat the councillor is required to give the return and the provision of division 3 or 4A under which the return is required to be given; and\nthe following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return—\nthe City of Brisbane Act 2010 , section 174 (3) and (4) ;\nthe Local Government Act 2009 , section 172 (3) and (4) .\nIn this section—\nsummary return , in relation to an election, means a return required to be given under the following provisions in relation to the election—\nsection 117 (4) ;\nsection 118 (4) ;\nsection 120 (6) ;\nsection 125 (2) .\ns 130C ins 2019 No. 30 s 243A\namd 2023 No. 8 s 51\n(sec.130C-ssec.1) This section applies if— an agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election— is required to give the electoral commission a summary return in relation to the election; and has not given the return to the electoral commission within the required period for the election; and the candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.\n(sec.130C-ssec.2) The electoral commission must, as soon as practicable after the end of the required period, give each successful candidate represented by the agent (each the councillor ) a notice stating— that the agent has failed to give the electoral commission the summary return within the required period; and that the councillor is required to give the return and the provision of division 3 or 4A under which the return is required to be given; and the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— the City of Brisbane Act 2010 , section 174 (3) and (4) ; the Local Government Act 2009 , section 172 (3) and (4) .\n(sec.130C-ssec.3) In this section— summary return , in relation to an election, means a return required to be given under the following provisions in relation to the election— section 117 (4) ; section 118 (4) ; section 120 (6) ; section 125 (2) .\n- (a) an agent of a candidate in an election, group of candidates for an election or registered political party that endorsed a candidate in an election— (i) is required to give the electoral commission a summary return in relation to the election; and (ii) has not given the return to the electoral commission within the required period for the election; and\n- (i) is required to give the electoral commission a summary return in relation to the election; and\n- (ii) has not given the return to the electoral commission within the required period for the election; and\n- (b) the candidate, or 1 or more of the candidates in the group or endorsed by the party, is elected as a councillor.\n- (i) is required to give the electoral commission a summary return in relation to the election; and\n- (ii) has not given the return to the electoral commission within the required period for the election; and\n- (a) that the agent has failed to give the electoral commission the summary return within the required period; and\n- (b) that the councillor is required to give the return and the provision of division 3 or 4A under which the return is required to be given; and\n- (c) the following provisions, or a general outline of them, to the extent they are relevant to the requirement to give the return— (i) the City of Brisbane Act 2010 , section 174 (3) and (4) ; (ii) the Local Government Act 2009 , section 172 (3) and (4) .\n- (i) the City of Brisbane Act 2010 , section 174 (3) and (4) ;\n- (ii) the Local Government Act 2009 , section 172 (3) and (4) .\n- (i) the City of Brisbane Act 2010 , section 174 (3) and (4) ;\n- (ii) the Local Government Act 2009 , section 172 (3) and (4) .\n- (a) section 117 (4) ;\n- (b) section 118 (4) ;\n- (c) section 120 (6) ;\n- (d) section 125 (2) .","sortOrder":286},{"sectionNumber":"sec.131","sectionType":"section","heading":"Inability to complete returns","content":"### sec.131 Inability to complete returns\n\nIf a person who is required to give a return under this part considers it is impossible to complete the return because the person is unable to obtain particulars required for the preparation of the return, the person may—\nprepare the return to the extent it is possible to do so without the particulars; and\ngive the return to the electoral commission; and\ngive the electoral commission a written notice—\nidentifying the return; and\nstating that the return is incomplete; and\nidentifying the particulars; and\nstating the reasons the person is unable to obtain the particulars; and\nif the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\nA person who complies with subsection (1) must not, merely because of the omission of the particulars, be taken, for section 195 (1) , to have failed to comply with that section.\nThe electoral commission may, by written notice, ask a person stated in a notice given under subsection (1) (c) (v) or (5) (e) , to give the particulars mentioned in the notice to the commission, in writing, within a stated period.\nThe person must comply with the requirement.\nIf a person required to give particulars under subsection (3) is unable to obtain some or all of the particulars, the person must give the commission a written notice—\nstating any particulars the person is able to give; and\nstating that the person is unable to obtain some or all of the particulars; and\nidentifying the particulars the person is unable to obtain; and\nstating the reasons the person considers the person is unable to obtain the particulars; and\nif the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\ns 131 sub 2014 No. 44 s 90\n(sec.131-ssec.1) If a person who is required to give a return under this part considers it is impossible to complete the return because the person is unable to obtain particulars required for the preparation of the return, the person may— prepare the return to the extent it is possible to do so without the particulars; and give the return to the electoral commission; and give the electoral commission a written notice— identifying the return; and stating that the return is incomplete; and identifying the particulars; and stating the reasons the person is unable to obtain the particulars; and if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\n(sec.131-ssec.2) A person who complies with subsection (1) must not, merely because of the omission of the particulars, be taken, for section 195 (1) , to have failed to comply with that section.\n(sec.131-ssec.3) The electoral commission may, by written notice, ask a person stated in a notice given under subsection (1) (c) (v) or (5) (e) , to give the particulars mentioned in the notice to the commission, in writing, within a stated period.\n(sec.131-ssec.4) The person must comply with the requirement.\n(sec.131-ssec.5) If a person required to give particulars under subsection (3) is unable to obtain some or all of the particulars, the person must give the commission a written notice— stating any particulars the person is able to give; and stating that the person is unable to obtain some or all of the particulars; and identifying the particulars the person is unable to obtain; and stating the reasons the person considers the person is unable to obtain the particulars; and if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\n- (a) prepare the return to the extent it is possible to do so without the particulars; and\n- (b) give the return to the electoral commission; and\n- (c) give the electoral commission a written notice— (i) identifying the return; and (ii) stating that the return is incomplete; and (iii) identifying the particulars; and (iv) stating the reasons the person is unable to obtain the particulars; and (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\n- (i) identifying the return; and\n- (ii) stating that the return is incomplete; and\n- (iii) identifying the particulars; and\n- (iv) stating the reasons the person is unable to obtain the particulars; and\n- (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\n- (i) identifying the return; and\n- (ii) stating that the return is incomplete; and\n- (iii) identifying the particulars; and\n- (iv) stating the reasons the person is unable to obtain the particulars; and\n- (v) if the person believes, on reasonable grounds, that another person can give those particulars—stating that belief and reasons for it and, if known, the name and address of that other person.\n- (a) stating any particulars the person is able to give; and\n- (b) stating that the person is unable to obtain some or all of the particulars; and\n- (c) identifying the particulars the person is unable to obtain; and\n- (d) stating the reasons the person considers the person is unable to obtain the particulars; and\n- (e) if the person believes, on reasonable grounds, that another person whose name and address the person knows can give the particulars—stating that belief and reasons for it and, if known, the name and address of that other person.","sortOrder":287},{"sectionNumber":"sec.132","sectionType":"section","heading":"Amendment of returns","content":"### sec.132 Amendment of returns\n\nA person who has given a return under this part to the electoral commission may at any time apply to the electoral commission to amend the return to correct an error or omission.\nThe application under subsection (1) must—\nbe signed by the applicant; and\nstate the particulars of the amendment.\nThe electoral commission must—\nallow the applicant to amend the return as stated in the application; and\npublish, under section 128 , the amended return and the day and time the amendment was made.\nThe amendment of a return under this section does not affect the liability of a person to be convicted of an offence under section 195 (2) committed before the amendment.\ns 132 amd 2019 No. 30 s 245\n(sec.132-ssec.1) A person who has given a return under this part to the electoral commission may at any time apply to the electoral commission to amend the return to correct an error or omission.\n(sec.132-ssec.2) The application under subsection (1) must— be signed by the applicant; and state the particulars of the amendment.\n(sec.132-ssec.3) The electoral commission must— allow the applicant to amend the return as stated in the application; and publish, under section 128 , the amended return and the day and time the amendment was made.\n(sec.132-ssec.4) The amendment of a return under this section does not affect the liability of a person to be convicted of an offence under section 195 (2) committed before the amendment.\n- (a) be signed by the applicant; and\n- (b) state the particulars of the amendment.\n- (a) allow the applicant to amend the return as stated in the application; and\n- (b) publish, under section 128 , the amended return and the day and time the amendment was made.","sortOrder":288},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Electronic lodgement of returns","content":"### sec.132A Electronic lodgement of returns\n\nThe electoral commission may make procedures about how a return under this part may be lodged electronically.\nThe procedures—\ndo not take effect until approved by a regulation; and\nmust be tabled in the Legislative Assembly with the regulation approving the procedures; and\nmust be published on the commission’s website.\nIf a return under this part is lodged as provided for under the procedures, the return is taken to have been given to the electoral commission.\ns 132A ins 2017 No. 12 s 27\n(sec.132A-ssec.1) The electoral commission may make procedures about how a return under this part may be lodged electronically.\n(sec.132A-ssec.2) The procedures— do not take effect until approved by a regulation; and must be tabled in the Legislative Assembly with the regulation approving the procedures; and must be published on the commission’s website.\n(sec.132A-ssec.3) If a return under this part is lodged as provided for under the procedures, the return is taken to have been given to the electoral commission.\n- (a) do not take effect until approved by a regulation; and\n- (b) must be tabled in the Legislative Assembly with the regulation approving the procedures; and\n- (c) must be published on the commission’s website.","sortOrder":289},{"sectionNumber":"sec.133","sectionType":"section","heading":"Things taken to be done by political party","content":"### sec.133 Things taken to be done by political party\n\nThis section applies to a political party that is not a body corporate.\nFor this part, things done by or with the authority of members or officers of the party on behalf of the party are done by or for the political party.\n(sec.133-ssec.1) This section applies to a political party that is not a body corporate.\n(sec.133-ssec.2) For this part, things done by or with the authority of members or officers of the party on behalf of the party are done by or for the political party.","sortOrder":290},{"sectionNumber":"sec.134","sectionType":"section","heading":"Noncompliance with part does not affect election","content":"### sec.134 Noncompliance with part does not affect election\n\nA failure of a person to comply with a provision of this part for an election does not invalidate the election.\nWithout limiting subsection (1) , if a candidate who is elected at an election fails to comply with a provision of this part for the election, the failure does not invalidate the election of the candidate.\ns 134 amd 2014 No. 44 s 91\n(sec.134-ssec.1) A failure of a person to comply with a provision of this part for an election does not invalidate the election.\n(sec.134-ssec.2) Without limiting subsection (1) , if a candidate who is elected at an election fails to comply with a provision of this part for the election, the failure does not invalidate the election of the candidate.","sortOrder":291},{"sectionNumber":"sec.135","sectionType":"section","heading":"Associated entity to give notice of financial controller","content":"### sec.135 Associated entity to give notice of financial controller\n\nAs soon as practicable after an entity becomes an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election, the associated entity must give the electoral commission written notice of the name of the financial controller of the entity.\nAn associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election must give the electoral commission written notice of any change to the name of the financial controller of the entity as soon as practicable after the change happens.\ns 135 prev s 135 om 2014 No. 44 s 92\npres s 135 ins 2023 No. 8 s 52\n(sec.135-ssec.1) As soon as practicable after an entity becomes an associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election, the associated entity must give the electoral commission written notice of the name of the financial controller of the entity.\n(sec.135-ssec.2) An associated entity of a registered political party that endorses a candidate in an election or of a candidate in an election or a group of candidates for an election must give the electoral commission written notice of any change to the name of the financial controller of the entity as soon as practicable after the change happens.","sortOrder":292},{"sectionNumber":"sec.135A","sectionType":"section","heading":"Registered political party must notify endorsement of candidate","content":"### sec.135A Registered political party must notify endorsement of candidate\n\nThis section applies if any of the following events happen—\na registered political party endorses a person to be a candidate in an election;\nif a registered political party notifies the electoral commission under this section about the endorsement of a person to be a candidate in an election—the party’s endorsement of the person changes before the polling day for the election;\na councillor who was endorsed by a registered political party for the election for which the councillor was elected stops being a member of the party.\nThe registered officer of the registered political party must give the electoral commission written notice, in the approved form, about the event (an event notice ) within 7 days after the event happens.\nMaximum penalty—40 penalty units.\nAs soon as practicable after the electoral commission receives the event notice, the electoral commission must give the candidate or councillor a written notice that states—\nthe contents of the event notice; and\nwhen the electoral commission received the event notice.\nIf a change mentioned in subsection (1) (b) is the withdrawal of a registered political party’s endorsement of a person as a candidate for an election, a notice given by the party under section 31 about the withdrawal is taken to be an event notice given about the change under this section.\nSection 31 requires a registered political party to notify the electoral commission about the withdrawal of the party’s endorsement of a candidate nominated by the party for election.\nThe electoral commission may publish an event notice on the electoral commission’s website.\ns 135A ins 2023 No. 8 s 52\n(sec.135A-ssec.1) This section applies if any of the following events happen— a registered political party endorses a person to be a candidate in an election; if a registered political party notifies the electoral commission under this section about the endorsement of a person to be a candidate in an election—the party’s endorsement of the person changes before the polling day for the election; a councillor who was endorsed by a registered political party for the election for which the councillor was elected stops being a member of the party.\n(sec.135A-ssec.2) The registered officer of the registered political party must give the electoral commission written notice, in the approved form, about the event (an event notice ) within 7 days after the event happens. Maximum penalty—40 penalty units.\n(sec.135A-ssec.3) As soon as practicable after the electoral commission receives the event notice, the electoral commission must give the candidate or councillor a written notice that states— the contents of the event notice; and when the electoral commission received the event notice.\n(sec.135A-ssec.4) If a change mentioned in subsection (1) (b) is the withdrawal of a registered political party’s endorsement of a person as a candidate for an election, a notice given by the party under section 31 about the withdrawal is taken to be an event notice given about the change under this section. Section 31 requires a registered political party to notify the electoral commission about the withdrawal of the party’s endorsement of a candidate nominated by the party for election.\n(sec.135A-ssec.5) The electoral commission may publish an event notice on the electoral commission’s website.\n- (a) a registered political party endorses a person to be a candidate in an election;\n- (b) if a registered political party notifies the electoral commission under this section about the endorsement of a person to be a candidate in an election—the party’s endorsement of the person changes before the polling day for the election;\n- (c) a councillor who was endorsed by a registered political party for the election for which the councillor was elected stops being a member of the party.\n- (a) the contents of the event notice; and\n- (b) when the electoral commission received the event notice.","sortOrder":293},{"sectionNumber":"sec.135B","sectionType":"section","heading":"Register of agents and register of third parties to be available for public inspection","content":"### sec.135B Register of agents and register of third parties to be available for public inspection\n\nThis section applies if the electoral commission is required to keep a register of agents or register of third parties for an election under this part.\nThe electoral commission must make information from the register available for public inspection including by publishing the information on the electoral commission’s website.\nHowever, the electoral commission must not make the following information available for public inspection under subsection (2) —\nif the electoral commission is informed that an individual identified in the information is a silent elector or enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector—the address of the individual;\nthe street address, but not the suburb, town, city or other locality, including the State, of another individual;\nan individual’s date of birth;\nan individual’s contact details, including, for example, a telephone number or email address, unless the individual has consented to the contact details being made public;\nthe details of a bank account of an entity, including a participant’s dedicated account.\nIn this section—\ninformation , from a register, includes—\na copy of a document included in the register; and\npersonal information about an individual.\npersonal information see the Information Privacy Act 2009 , section 12 .\ns 135B ins 2023 No. 8 s 52\n(sec.135B-ssec.1) This section applies if the electoral commission is required to keep a register of agents or register of third parties for an election under this part.\n(sec.135B-ssec.2) The electoral commission must make information from the register available for public inspection including by publishing the information on the electoral commission’s website.\n(sec.135B-ssec.3) However, the electoral commission must not make the following information available for public inspection under subsection (2) — if the electoral commission is informed that an individual identified in the information is a silent elector or enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector—the address of the individual; the street address, but not the suburb, town, city or other locality, including the State, of another individual; an individual’s date of birth; an individual’s contact details, including, for example, a telephone number or email address, unless the individual has consented to the contact details being made public; the details of a bank account of an entity, including a participant’s dedicated account.\n(sec.135B-ssec.4) In this section— information , from a register, includes— a copy of a document included in the register; and personal information about an individual. personal information see the Information Privacy Act 2009 , section 12 .\n- (a) if the electoral commission is informed that an individual identified in the information is a silent elector or enrolled on the electoral roll of the Commonwealth or another State with status equivalent or similar to a silent elector—the address of the individual;\n- (b) the street address, but not the suburb, town, city or other locality, including the State, of another individual;\n- (c) an individual’s date of birth;\n- (d) an individual’s contact details, including, for example, a telephone number or email address, unless the individual has consented to the contact details being made public;\n- (e) the details of a bank account of an entity, including a participant’s dedicated account.\n- (a) a copy of a document included in the register; and\n- (b) personal information about an individual.","sortOrder":294},{"sectionNumber":"sec.135C","sectionType":"section","heading":"Electoral commission must not publish information about political party membership","content":"### sec.135C Electoral commission must not publish information about political party membership\n\nThe electoral commission must not publish, or otherwise make available for public inspection, information about the membership of a political party.\nFor subsection (1) , it does not matter how the information came to be in the possession or control of the electoral commission.\ns 135C ins 2023 No. 8 s 52\n(sec.135C-ssec.1) The electoral commission must not publish, or otherwise make available for public inspection, information about the membership of a political party.\n(sec.135C-ssec.2) For subsection (1) , it does not matter how the information came to be in the possession or control of the electoral commission.","sortOrder":295},{"sectionNumber":"sec.135D","sectionType":"section","heading":"Audit certificates to accompany particular returns","content":"### sec.135D Audit certificates to accompany particular returns\n\nThis section applies if a person is required to give the electoral commission—\na return about electoral expenditure incurred by a registered political party that endorsed a candidate in an election under section 125 ; or\na return about amounts received, paid and outstanding under section 125G .\nThe return must be accompanied by a certificate from an auditor stating—\nthat the auditor was given full and free access at all reasonable times to the records related to a matter required to be disclosed in the return; and\nthe auditor examined the records mentioned in paragraph (a) that the auditor considered material for giving the certificate; and\nthe auditor received all the information and explanations the auditor asked for in relation to any matter required to be stated in the certificate, subject to any qualifications stated in the certificate; and\nthe auditor has no reason to think any statement in the declaration is not correct.\nThe electoral commission may waive compliance with the requirement to give an audit certificate if the electoral commission considers the cost of compliance with the requirement would be unreasonable.\nA return required to be accompanied by a certificate from an auditor is taken not to have been given as required under this part if the return is not accompanied by the certificate.\ns 135D ins 2023 No. 8 s 52\n(sec.135D-ssec.1) This section applies if a person is required to give the electoral commission— a return about electoral expenditure incurred by a registered political party that endorsed a candidate in an election under section 125 ; or a return about amounts received, paid and outstanding under section 125G .\n(sec.135D-ssec.2) The return must be accompanied by a certificate from an auditor stating— that the auditor was given full and free access at all reasonable times to the records related to a matter required to be disclosed in the return; and the auditor examined the records mentioned in paragraph (a) that the auditor considered material for giving the certificate; and the auditor received all the information and explanations the auditor asked for in relation to any matter required to be stated in the certificate, subject to any qualifications stated in the certificate; and the auditor has no reason to think any statement in the declaration is not correct.\n(sec.135D-ssec.3) The electoral commission may waive compliance with the requirement to give an audit certificate if the electoral commission considers the cost of compliance with the requirement would be unreasonable.\n(sec.135D-ssec.4) A return required to be accompanied by a certificate from an auditor is taken not to have been given as required under this part if the return is not accompanied by the certificate.\n- (a) a return about electoral expenditure incurred by a registered political party that endorsed a candidate in an election under section 125 ; or\n- (b) a return about amounts received, paid and outstanding under section 125G .\n- (a) that the auditor was given full and free access at all reasonable times to the records related to a matter required to be disclosed in the return; and\n- (b) the auditor examined the records mentioned in paragraph (a) that the auditor considered material for giving the certificate; and\n- (c) the auditor received all the information and explanations the auditor asked for in relation to any matter required to be stated in the certificate, subject to any qualifications stated in the certificate; and\n- (d) the auditor has no reason to think any statement in the declaration is not correct.","sortOrder":296},{"sectionNumber":"sec.135E","sectionType":"section","heading":"Auditor preparing audit certificate to give notice of contravention","content":"### sec.135E Auditor preparing audit certificate to give notice of contravention\n\nThis section applies if, in carrying out an audit to prepare an audit certificate mentioned in section 135D (2) , an auditor becomes aware of a matter that the auditor considers is reasonably likely to constitute a contravention of this part or part 9 , division 5 .\nThe auditor must, within 7 days after becoming aware of the matter, give the electoral commission written notice of the matter.\nMaximum penalty—100 penalty units.\ns 135E ins 2023 No. 8 s 52\n(sec.135E-ssec.1) This section applies if, in carrying out an audit to prepare an audit certificate mentioned in section 135D (2) , an auditor becomes aware of a matter that the auditor considers is reasonably likely to constitute a contravention of this part or part 9 , division 5 .\n(sec.135E-ssec.2) The auditor must, within 7 days after becoming aware of the matter, give the electoral commission written notice of the matter. Maximum penalty—100 penalty units.","sortOrder":297},{"sectionNumber":"pt.7","sectionType":"part","heading":"Disputed results","content":"# Disputed results","sortOrder":298},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Disputing local government elections","content":"## Disputing local government elections","sortOrder":299}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":781},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 form. Major additions include: (1) comprehensive electoral expenditure caps and caps on donations introduced in 2023 (Part 6 Division 4), transforming it from a procedural elections law into a campaign finance regulation regime; (2) property developer donation bans added in 2018; (3) third party registration and disclosure requirements; (4) electronically assisted voting provisions; (5) group of candidates provisions with complex winding-up and membership change mechanics; and (6) associated entity rules that treat separate entities as part of candidates/parties for disclosure purposes. The 2023 amendments in particular added substantial new Divisions 4 and 5 to Part 6, more than doubling the length of the campaign finance provisions."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., Part 6 Division 4 and 5 for expenditure caps)","Multiple overlapping disclosure periods and capped expenditure periods with different start/end dates for different participant types","Complex mathematical formulas for calculating expenditure caps with CPI adjustments (sections 123D-123E, 123Q)","Nested definitions and exceptions (e.g., 'electoral expenditure' excludes certain activities but includes others based on 'dominant purpose' tests)","Detailed procedural requirements for ballot paper handling, counting, and declaration envelopes with multiple conditional branches","Extensive agent appointment and registration requirements with cascading obligations to associated entities","Property developer prohibition with multi-layered definitions including 'close associates', 'relevant planning applications', and stapled entities"],"plain_english_summary":"**What this law does:** This is Queensland's Local Government Electoral Act 2011, which sets the rules for how local council elections are run across the state. It covers everything from who can vote and stand as a candidate, to how votes are counted and how much money candidates can spend on their campaigns.\n\n**Who it affects:**\n- **Voters** – anyone enrolled to vote in a local government area\n- **Candidates** – people running for mayor or councillor positions\n- **Political parties** – parties that endorse candidates\n- **Third parties** – individuals or groups who spend money to influence elections\n- **Local governments** – councils that must hold elections every four years\n\n**Key things the law does:**\n\n1. **Elections must be held every four years** (quadrennial elections), with by-elections held when vacancies occur\n\n2. **Two voting systems** are used:\n   - *Optional preferential voting* for mayors and single-member divisions\n   - *First-past-the-post* for other councillor elections\n\n3. **Spending caps** limit how much candidates and parties can spend on campaigns – ranging from $6,000 for unregistered third parties up to $1.3 million for Brisbane mayoral candidates\n\n4. **Financial disclosure rules** require candidates, parties and third parties to report gifts and loans over $500, and electoral expenditure\n\n5. **Property developer donations are banned** – property developers and their close associates cannot make political donations\n\n6. **Strict rules for electoral officers** – returning officers and assistants must not be members of political parties\n\n7. **Multiple ways to vote** – ordinary voting at polling booths, pre-poll voting, postal voting, and electronically assisted voting for people with disabilities\n\n8. **Groups of candidates** can form to campaign together, with shared spending caps and disclosure obligations\n\nThe law aims to ensure elections are fair, transparent and free from corruption, while making sure voters have accessible ways to participate."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-electoral-act-2011","history":"/api/acts/local-government-electoral-act-2011/history","analysis":"/api/acts/local-government-electoral-act-2011/analysis","conflicts":"/api/acts/local-government-electoral-act-2011/conflicts","importantCases":"/api/acts/local-government-electoral-act-2011/important-cases","documents":"/api/acts/local-government-electoral-act-2011/documents"}}