{"id":"local-government-electoral-regulations-2021","name":"LOCAL GOVERNMENT (ELECTORAL) REGULATIONS 2021","slug":"local-government-electoral-regulations-2021","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176968,"registerId":"nt-local-government-electoral-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Title","content":"1 Title\nThese Regulations may be cited as the Local Government\n(Electoral) Regulations 2021.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on the day on which section 141 of\nthe Local Government Act 2019 commences.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn these Regulations:\napproved form means a form approved by the Electoral\nauthorised officer, see regulation 5.\nballot paper includes a declaration ballot paper.\ncandidate square, see regulation 12(2)(c).\ncandidate statement means a candidate statement that meets the\nrequirements of regulation 35.\ndeclaration ballot paper means a ballot paper on which a\ndeclaration vote is cast.\ndeclaration vote means a vote cast under Part 3, Division 3.\ndetermination day, for Part 3, Division 5, see regulation 33.\nearly voting centre means a place declared under\nregulation 14(1)(b) for voting before election day.\n\nLocal Government (Electoral) Regulations 2021 2\nelection day voting centre means a place declared under\nregulation 14(1)(a).\nelectoral roll, see section 139 of the Act.\nelectorate means:\n(a) for the election of ordinary members of a council:\n(i) if the local government area of the council is not divided\ninto wards – the local government area; or\n(ii) otherwise – the whole area of each ward within the local\ngovernment area of the council; or\n(b) for the election of the principal member of a council – the local\ngovernment area.\nenrolled, for a person, means the person's name is on an electoral\nroll.\nindication of preferences means an indication of preferences that\nmeets the requirements of regulation 36.\ninfringement notice, see regulation 79.\ninfringement notice offence, see regulation 78(1).\nmandatory postal vote election means an election declared as a\nmandatory postal vote election under section 137(2) of the Act.\nmobile voting centre means a place declared under regulation 44\nor changed under regulation 45.\nmobile voting period, for a mobile voting centre, means the period\ndeclared under regulation 44 for the centre or changed under\nregulation 45.\nnomination day means:\n(a) for a general election – the 23rd day before election day; or\n(i) if the returning officer is the Electoral Commissioner – a\nday as decided by the Electoral Commissioner; or\n(ii) otherwise – the 23rd day before election day.\nordinary vote means a vote cast under Part 3, Division 2, whether\non or before election day.\n\nLocal Government (Electoral) Regulations 2021 3\npostal vote certificate means:\n(a) for Part 3, Division 5 – see regulation 39(2); or\n(b) otherwise – see regulation 28(3).\npostal voting papers, in relation to an election, means:\n(a) a postal ballot paper for the election; and\n(b) a postal vote certificate printed on an envelope addressed to\nthe returning officer for the election; and\n(c) an explanation in writing of the procedure for postal voting\nunder these Regulations; and\n(d) any other information that the returning officer considers\nappropriate; and\n(e) if the election is a mandatory postal vote election:\n(i) a candidate statement for each candidate in relation to\nwhom a candidate statement is lodged, under\nregulation 35; and\n(ii) an indication of preferences for each candidate in\nrelation to whom an indication of preferences is lodged,\nunder regulation 36.\nprescribed amount, see regulation 78(2).\nreplacement postal voting papers:\n(a) for Part 3, Division 5 – see regulation 38(2); or\n(b) otherwise – see regulation 27(2).\nscrutineer means a person appointed by a candidate to represent\nthe candidate during voting or at the scrutiny of ballot papers.\nscrutiny centre means a place declared under regulation 14(1)(c).\nto sign includes, for a person who is unable to sign the person's\nname, to make an identifying mark.\nvoting centre means an election day voting centre, a mobile voting\ncentre and an early voting centre.\nvoting period, see regulation 4.\n\nLocal Government (Electoral) Regulations 2021 4\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Voting period","content":"4 Voting period\n(1) The voting period for an election is as follows:\n(a) for voting at an election day voting centre – from 8 am to 6 pm\non election day;\n(b) for voting at an early voting centre – the hours decided under\nsubregulation (2);\n(c) for voting at a mobile voting centre – the mobile voting period.\n(2) The returning officer must decide the days and the voting hours for\nvoting at an early voting centre.\n(3) The hours decided under subregulation (2) must not end later than\n6 pm on the day before election day.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Authorised officers","content":"5 Authorised officers\n(1) The following are authorised officers:\n(a) a returning officer, in relation to the election for which the\nperson is the returning officer;\n(b) a person authorised in writing by the returning officer for an\nelection to exercise specified powers or perform specified\nfunctions of an authorised officer under these Regulations in\nrelation to the election.\n(2) Without limiting subregulation (1)(b), an authorisation may specify\nthat an authorised officer:\n(a) is to be in charge of a specified voting centre or scrutiny\ncentre; or\n(b) is to be responsible for, or is to conduct, scrutiny as specified\nin the authorisation.\n(3) An authorised officer must be at least 18 years of age.\n(4) A candidate for election, or the spouse or de facto partner of a\ncandidate for election, must not be an authorised officer for the\nelection.\n\nLocal Government (Electoral) Regulations 2021 5\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Returning officer to invite nominations of candidates","content":"6 Returning officer to invite nominations of candidates\n(1) The returning officer for an election must invite nominations of\ncandidates for the election as follows:\n(a) for a general election – at least 43 days before election day;\n(i) if the returning officer is the Electoral Commissioner – as\ndecided by the Electoral Commissioner; or\n(ii) otherwise – at least 43 days before election day.\n(2) Public notice must be given about the election that includes the\nfollowing information:\n(a) the date on which the election is to be held;\n(b) the contact details of the returning officer;\n(c) the nomination day for the election and the time by which\nnominations must be lodged under regulation 8(1);\n(d) the date and time of the closing of the electoral roll specified in\nregulation 11.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Form of nomination","content":"7 Form of nomination\n(1) A nomination must:\n(a) be in the approved form; and\n(b) state the name and residential address under which the\nnominee is enrolled; and\n(ba) state the name the nominee wishes to have printed on the\nballot paper; and\n(c) state the office for which the nominee is a candidate; and\n(d) include a statement that the nominee consents, if elected, to\nact in the capacity in which the nominee is nominated as a\ncandidate for election; and\n(e) be signed by the nominee; and\n\nLocal Government (Electoral) Regulations 2021 6\n(f) be signed by at least one other person who is enrolled to vote\nin the local government area for which the nominee is\nnominating.\nExamples for subregulation (1)(c)\n1 If the principal member of the council is to be elected at the election, the form\nmust state whether the nominee is a candidate for election as principal\nmember or ordinary member of the council (or both).\n2 If the local government area is divided into wards and the nominee is a\ncandidate for election as an ordinary member of the council, the nomination\nform must state the ward for which the nominee is a candidate.\n(2) Despite subregulation (1)(b), if the enrolled address of a nominee is\nsuppressed, the nomination is not required to state the address but\nthe nomination must instead state a postal address for\ncorrespondence.\n(3) For subregulation (1)(ba), the name the nominee wishes to have\nprinted on the ballot paper must be:\n(a) the name stated under subregulation (1)(b); or\n(b) the surname stated under subregulation (1)(b) and:\n(i) one or more of the given names stated under\nsubregulation (1)(b); or\n(ii) an initial or initials standing for the given name or names\nstated under subregulation (1)(b); or\n(iii) a commonly accepted variation of the given name stated\nunder subregulation (1)(b), such as an abbreviation,\ntruncation or alternative form of the name; or\n(iv) a commonly used name specific to the nominee by\nwhich the nominee is usually identified; or\n(v) a combination of no more than 2 of the names, initials or\nvariations specified in subparagraphs (i) to (iv).\n(3A) For subregulation (3)(b)(iv), the returning officer may require the\nnominee to produce evidence to the satisfaction of the returning\nofficer that the proposed name is a commonly used name specific\nto the nominee by which the nominee is usually identified.\n(4) A nomination must be accompanied by:\n(a) a declaration, in the approved form, to the effect that the\nnominee is eligible for election in the capacity in which the\nnominee is a candidate; and\n\nLocal Government (Electoral) Regulations 2021 7\n(b) a recent photograph of the nominee that is a full faced vertical\nportrait of the nominee's head and shoulders.\n(5) The returning officer may accept a photograph of a nominee that\ndoes not comply with subregulation (4)(b) if the returning officer is\nsatisfied the nominee is readily recognisable in the photograph.\n(6) If a local government area is divided into wards, the same person is\nnot entitled to be a candidate for election in more than one ward.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Making and withdrawal of nomination","content":"8 Making and withdrawal of nomination\n(1) A nomination must be lodged with the returning officer before\n12 noon on nomination day.\n(2) A candidate may withdraw the candidate's nomination by giving\nwritten notice of the withdrawal to the returning officer before\n12 noon on nomination day.\n(3) The lodgement of a nomination or the giving of a notice of\nwithdrawal must be done by:\n(a) hand delivery of the nomination or notice to an authorised\nofficer at an office of the returning officer or another place\napproved by the returning officer; or\n(b) an electronic means approved by the returning officer.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Rejection of nomination","content":"9 Rejection of nomination\n(1) The returning officer may reject a nomination if:\n(a) subject to subregulation (2), the nomination is not substantially\nin accordance with the requirements of regulation 7; or\n(b) the nominee is not enrolled at an address within the local\ngovernment area at the close of the electoral roll for the\nelection; or\n(c) the name stated under regulation 7(1)(b) is not that under\nwhich the nominee is enrolled or entitled to be enrolled; or\n(d) the nominee's name is obscene, frivolous or has been\nassumed for a political purpose; or\n(e) the nomination is not lodged in accordance with\nregulation 8(1).\n(2) The returning officer must not reject a nomination on the ground\nthat it is not accompanied by a photograph under regulation 7(4)(b).\n\nLocal Government (Electoral) Regulations 2021 8\n(3) The returning officer must give a nominee whose nomination is\nrejected written notice of:\n(a) the rejection and the reasons for it; and\n(b) the nominee's right to dispute the validity of the election under\n","sortOrder":8},{"sectionNumber":"Part 8","sectionType":"part","heading":"5 of the Act.","content":"Part 8.5 of the Act.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Declaration of duly nominated candidates and determination of","content":"10 Declaration of duly nominated candidates and determination of\norder of names on ballot paper\n(1) At the appropriate time, the returning officer must:\n(a) declare the names of the duly nominated candidates for\nelection; and\n(b) if a ballot paper is to be prepared for the election – determine\nby lot, in public at a place decided by the returning officer, the\norder of the candidates' names on the ballot paper.\n(2) As soon as practicable after the returning officer makes the\ndeclaration under subregulation (1), the returning officer must give\npublic notice of the declaration.\n(3) The returning officer must rely on the declaration of eligibility\naccompanying the nomination of a candidate in deciding the\ncandidate's eligibility to stand for the election.\n(4) Despite subregulation (3), the Electoral Commissioner may\ndetermine that a candidate is not eligible to stand for the election if\nthere is evidence contrary to the candidate's declaration of\neligibility.\n(5) If the number of candidates nominated does not exceed the number\nof offices to be filled, the returning officer must declare the relevant\ncandidates elected.\n(6) Despite subregulation (5), if the same person is a candidate for\nelection as the principal member and as an ordinary member of the\ncouncil, the returning officer must not declare the candidate elected\nas an ordinary member of the council unless and until it is clear that\nthe candidate has failed to secure election as the principal member\nof the council.\n(7) As soon as practicable after the returning officer makes the\ndeclaration under subregulation (5), the returning officer must give\npublic notice of the declaration.\n\nLocal Government (Electoral) Regulations 2021 9\nappropriate time means:\n(a) 3 pm on the day following nomination day; or\n(b) some other time, not earlier than 12 noon on nomination day\nand not later than 6 pm on the third day after nomination day,\nfixed by the returning officer and notified to all nominees for\nelection.\n","sortOrder":10},{"sectionNumber":"Div 2","sectionType":"division","heading":"Electoral roll","content":"Division 2 Electoral roll\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Closing of electoral roll","content":"11 Closing of electoral roll\n(1) The electoral roll closes:\n(a) for a general election – at 5 pm on the 32nd day before\nelection day; or\n(i) if the returning officer is the Electoral Commissioner – on\na day as decided by the Electoral Commissioner; or\n(ii) otherwise – at 5 pm on the 32nd day before election day.\n(2) The electoral roll re-opens at the close of voting for an election.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Form of ballot paper","content":"12 Form of ballot paper\n(1) A ballot paper must be in the approved form.\n(2) A ballot paper must have:\n(a) the name or names of each candidate for election to the\nrelevant office, as provided under regulation 7(1)(ba); and\n(i) a photograph of each candidate adjacent to the\ncandidate's name or names on the ballot paper; or\n(ii) for a candidate for whom a photograph has not been\nsupplied – the words \"photograph not supplied\"; and\n(c) a square printed adjacent to the candidate's photograph or the\nwords mentioned in paragraph (b)(ii).\n\nLocal Government (Electoral) Regulations 2021 10\n(3) The order in which the names of candidates appear on the ballot\npaper is to be as determined under regulation 10.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Administrative arrangements","content":"13 Administrative arrangements\n(1) The returning officer must make appropriate administrative\narrangements for the conduct of an election.\n(2) Without limiting subregulation (1), the returning officer must ensure\neach voting centre is properly equipped with the following:\n(a) separate voting compartments constructed to screen voters\nfrom observation while marking ballot papers;\n(b) ballot boxes capable of being securely sealed;\n(c) a copy of the electoral roll for the election;\n(d) ballot papers;\n(e) any other required documents and stationery.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Voting centres","content":"14 Voting centres\n(1) The returning officer may declare a specified place to be any of the\nfollowing in relation to an election:\n(a) an election day voting centre;\n(b) an early voting centre;\n(c) a scrutiny centre.\n(2) A part of premises licensed under the Liquor Act 2019 must not be\ndeclared as a voting centre unless the returning officer is satisfied\nthat, during the voting period:\n(a) liquor will not be available for sale or consumption on that part\nof the premises; and\n(b) that part of the premises will be segregated from the part of\nthe premises where liquor will be available for sale or\nconsumption; and\n(c) access to that part of the premises would not involve passing\nthrough a part of the premises where liquor will be available\nfor sale or consumption.\n\nLocal Government (Electoral) Regulations 2021 11\n(3) The returning officer must give public notice of the following in\nrelation to an election:\n(a) each election day voting centre and the voting period on\nelection day;\n(b) each early voting centre and the voting period for each centre.\n(4) If voting at an election day voting centre or early voting centre is to\nbe limited to certain local government areas, the public notice under\nsubregulation (3) must state those local government areas.\n(5) Subregulation (4) does not limit the local government areas for\nwhich a ballot paper may be issued under Part 3.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Scrutineers – appointment","content":"15 Scrutineers – appointment\n(1) A candidate for election may appoint a scrutineer to represent the\ncandidate during voting or the scrutiny.\n(2) The appointment is made by giving written notice, in the approved\nform, of the appointment to:\n(a) the returning officer; or\n(b) the authorised officer in charge of the voting centre or the\nscrutiny centre.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Scrutineers – presence at voting centre and scrutiny centre","content":"16 Scrutineers – presence at voting centre and scrutiny centre\n(1) One scrutineer representing each candidate is entitled to be\npresent at a particular voting centre while the voting centre is open\nfor voting.\n(2) One scrutineer representing each candidate may enter or remain at\na particular scrutiny centre at any time while the scrutiny is\nconducted at the centre.\n(3) Despite subregulation (2), if there is more than one counting table\nfor a local government area or ward at the scrutiny centre, one\nscrutineer representing each candidate is entitled to be present at\neach counting table.\n\n","sortOrder":17},{"sectionNumber":"Div 1","sectionType":"division","heading":"Entitlement to vote and other preliminary matters","content":"Division 1 Entitlement to vote and other preliminary matters\nLocal Government (Electoral) Regulations 2021 12\n(4) A scrutineer is entitled to observe the process of scrutiny and\ncounting of ballot papers.\nNote for subregulation (4)\nIf votes are counted by computer, the scrutineer must be allowed to observe the\noperation of the computer equipment and the progress of the count as indicated\nby that equipment.\n(5) A scrutineer who contravenes this regulation is no longer entitled to\nbe at the voting centre or scrutiny centre.\nDivision 1 Entitlement to vote and other preliminary matters\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Entitlement to vote","content":"17 Entitlement to vote\n(1) An elector for a local government area is entitled to vote at an\nelection for the relevant council as follows:\n(a) if the council's principal member is to be elected at the\nelection – the elector is entitled to cast one vote for the\nelection of the principal member;\n(b) if the local government area is divided into wards – the elector\nis entitled to cast one vote for the election of ordinary\nmembers representing the elector's ward;\n(c) if the local government area is not divided into wards – the\nelector is entitled to cast one vote for the election of ordinary\nmembers representing the local government area as a whole.\n(2) The inclusion of the name of a person on an electoral roll as an\nelector for a local government area or ward is conclusive evidence\nthat the person is entitled to vote at an election for the electorate\ncomprising the local government area or ward.\n(3) The omission of the name of a person from an electoral roll, or any\nother error, omission or misdescription does not disqualify the\nperson from voting.\n(4) In this regulation:\nelector for a local government area includes a person who is\nentitled to be an elector for the local government area.\n\nLocal Government (Electoral) Regulations 2021 13\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Method of voting","content":"18 Method of voting\n(1) A person's vote on a ballot paper must be marked in accordance\nwith subregulation (2).\n(2) The person must:\n(a) place the number \"1\" in the candidate square for the candidate\nof the person's first preference; and\n(b) place consecutively increasing whole numbers in the\ncandidate squares for the other candidates in the order of the\nperson's preferences until a number is placed in all candidate\nsquares.\nNote for regulation 18\nSee regulation 57(3) to (5).\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Voter's question","content":"19 Voter's question\nThe following question must be put to a person who claims to vote\nat an election:\nIs this the first time you have voted at this election?\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Issue of ballot paper","content":"20 Issue of ballot paper\n(1) If a person attends before an authorised officer at a voting centre\nduring the voting period and claims to vote at an election, the officer\nmust issue a ballot paper to the person if:\n(a) the person states the person's full name and address; and\n(b) the officer is satisfied the electoral roll:\n(i) includes the person's name and address (or indicates\nthat the person's address is suppressed); and\n(ii) has not been marked to indicate a ballot paper has\nalready been issued to the person; and\n(c) the person answers the voter's question in the affirmative.\n(2) Immediately before issuing the ballot paper to the person the\nauthorised officer must:\n(a) place a mark against the voter's name on the electoral roll;\nand\n\nLocal Government (Electoral) Regulations 2021 14\n(b) initial the ballot paper.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Voting in private","content":"21 Voting in private\n(1) On receipt of the ballot paper, the person must, without delay:\n(a) go to an unoccupied voting compartment at the voting centre;\nand\n(b) there, in private, mark the person's vote on the ballot paper;\nand\n(c) fold the ballot paper to conceal the vote and, without unfolding\nit:\n(i) if there is a designated ballot box at the voting centre for\nthe local government area or ward for which the person\nhas cast a vote – place it in that ballot box; or\n(ii) otherwise – hand the folded ballot paper to an\nauthorised officer to be dealt with under\nsubregulation (2); and\n(d) leave the voting centre.\n(2) An authorised officer who is handed a ballot paper under\nsubregulation (1)(c)(ii) must, in the presence of the person, without\nunfolding the ballot paper:\n(a) place it in an envelope bearing the name of the person's\nenrolled local government area or ward and the name of the\nvoting centre; and\n(b) seal the envelope and place it in a ballot box at the voting\ncentre.\n(3) Subregulations (1) and (2) are subject to regulations 50 and 51.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Right to declaration voting","content":"22 Right to declaration voting\nA person may vote under this Division if the person claims to be\nentitled to vote but the person's name:\n(a) does not appear on the electoral roll; or\n(b) has been marked on the electoral roll as having already voted.\n\nLocal Government (Electoral) Regulations 2021 15\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Issue of ballot paper for declaration voting","content":"23 Issue of ballot paper for declaration voting\n(1) If a person attends before an authorised officer at a voting centre\nduring the voting period and claims to vote at an election, the officer\nmust issue a ballot paper to the person if:\n(a) the person:\n(i) states the person's full name and address; and\n(ii) completes and signs, in the presence of the officer, a\ndeclaration in the approved form about the person being\nin a situation referred to in regulation 22; and\n(b) the officer signs the declaration as a witness.\n(2) Before issuing a ballot paper to a person to whom regulation 22(a)\napplies, the authorised officer may require the person to provide\nproof of identity in accordance with section 98AA(2) of the\nCommonwealth Electoral Act 1918 (Cth).\n(3) The authorised officer must:\n(a) immediately before issuing the declaration ballot paper to the\nperson, initial the ballot paper; and\n(b) immediately after issuing the declaration ballot paper to the\nperson, record the issue of the ballot paper to the person.\n(4) The declaration by a person to whom regulation 22(a) applies must\nstate the following:\n(a) the person:\n(i) has complied with Part VIII of the Commonwealth\nElectoral Act 1918 (Cth) before the close of the electoral\nroll; or\n(ii) is eligible to enrol under Part VIII of the Commonwealth\nElectoral Act 1918 (Cth);\n(b) to the best of the person's knowledge no objection has been\nupheld in relation to the inclusion of the person's name on the\nelectoral roll;\n(c) the person is not qualified for enrolment in a local government\narea or ward other than the local government area or ward for\nwhich the person claims to vote;\n(d) the person has not already voted at the election.\n\nLocal Government (Electoral) Regulations 2021 16\n(5) The declaration by a person to whom regulation 22(b) applies must\nstate the person has not already voted at the election.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Casting declaration vote","content":"24 Casting declaration vote\n(1) After the issue of a declaration ballot paper to a person:\n(a) the person must, without delay, go to an unoccupied voting\ncompartment at the voting centre and there, in private:\n(i) mark the person's vote on the ballot paper; and\n(ii) fold the ballot paper to conceal the vote; and\n(b) the person must return the folded ballot paper to the\nauthorised officer who issued it; and\n(c) the officer must, in the presence of the person, without\nunfolding the ballot paper, place it in the envelope on which\nthe declaration appears, seal the envelope and place it in a\nballot box at the voting centre; and\n(d) the person must then leave the voting centre.\n(2) Subregulation (1) is subject to regulations 50 and 51.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Application of Division","content":"25 Application of Division\nThis Division applies to any election other than a mandatory postal\nvote election.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Application for postal voting papers","content":"26 Application for postal voting papers\n(1) A person who is on the electoral roll may apply, in the approved\nform, to the returning officer for an election for postal voting papers\nfor the election:\n(a) if the election is a general election – within the period that\nstarts 3 months before the election day for the election; or\n(b) otherwise – after the invitation for nominations of candidates\nhas been made under regulation 6.\n(2) A person who is a registered postal voter within the meaning of the\nElectoral Act 2004 is taken to have applied for postal voting papers\nfor an election.\n\nLocal Government (Electoral) Regulations 2021 17\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Application for replacement postal voting papers","content":"27 Application for replacement postal voting papers\n(1) A person may apply, in the approved form, to the returning officer\nfor an election for replacement postal voting papers if the person\nclaims that:\n(a) the person has applied for, or is entitled to receive, postal\nvoting papers under regulation 26; and\n(b) the papers have been lost, damaged or destroyed.\n(2) When the application has been received by the returning officer:\n(a) an authorised officer must make a notation, on the postal vote\ncertificate, that the postal voting papers (the replacement\npostal voting papers) are issued in replacement of other\npostal voting papers; and\n(b) the authorised officer must issue, or issue and send, the\nreplacement postal voting papers to the applicant; and\n(c) these Regulations apply in relation to the replacement postal\nvoting papers as if they were the postal voting papers being\nreplaced.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Issue of postal voting papers","content":"28 Issue of postal voting papers\n(1) An authorised officer must issue and send postal voting papers to\neach person who applies or is taken to have applied for postal\nvoting papers under regulation 26 or 27(1).\n(2) An authorised officer may issue postal voting papers directly to the\nperson if the authorised officer has the postal voting papers\navailable.\n(3) The postal vote certificate printed on the envelope that is issued\nor issued and sent to an applicant under subregulation (1) or (2)\nmust contain the following:\n(a) if the person applied for replacement postal voting papers\nunder regulation 27(1):\n(i) the person's name; and\n(ii) a space for the signature of the person; and\n(iii) a space for inserting the date when the envelope bearing\nthe certificate is received by the authorised officer; and\n(iv) a space for inserting the person's address; and\n\nLocal Government (Electoral) Regulations 2021 18\n(v) a space for inserting the person's date of birth;\n(b) otherwise – the matters mentioned in paragraph (a)(i) to (iii).\n(4) Subject to subregulations (5) to (7), postal voting papers must be\nissued and sent as soon as practicable after the order of\ncandidates' names on the ballot paper is determined or, if\napplicable, the receipt of the application (whichever is the later).\n(5) An authorised officer must not send postal voting papers to a\nperson who did not apply in person for the postal voting papers if:\n(a) the application is received after 6 pm on the 4th day before\nelection day and the address to which the postal voting papers\nare to be sent is outside Australia; or\n(b) the application is received after 6 pm on the second day\nbefore election day and the address to which the postal voting\npapers are to be sent is within Australia.\n(6) An authorised officer may send postal voting papers to a person\nwhose application is received later than a time mentioned in\nsubregulation (5) if the officer considers doing so is appropriate,\nhaving regard to:\n(a) the special circumstances of the person; and\n(b) the need to allow sufficient time for the papers to be\ncompleted by the person by 6 pm on election day; and\n(c) any other matters the officer considers relevant.\n(7) An authorised officer may issue postal voting papers to a person\nwho applies for postal voting papers in person under\nregulation 26(1) or 27(1) if the application is made by 6 pm on\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Records of applications for, and issue of, postal voting papers","content":"29 Records of applications for, and issue of, postal voting papers\nAn authorised officer must:\n(a) carry out the following procedures with regard to the issue of\npostal voting papers:\n(i) number in consecutive order all applications for postal\nvoting papers received by the officer;\n(ii) endorse each application with the date of issue of the\npostal voting papers;\n\nLocal Government (Electoral) Regulations 2021 19\n(iii) number each postal vote certificate issued by the officer\nwith the number corresponding to the number on the\napplication;\n(iv) initial the ballot paper issued by the officer;\n(v) record the issue of the postal voting papers to the\nperson on the electoral roll; or\n(b) follow other procedures approved as an alternative by the\nElectoral Commissioner under regulation 86.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Applications to be available for public inspection","content":"30 Applications to be available for public inspection\nThe returning officer must keep the applications for postal voting\npapers and make them available for public inspection for 14 days\nfrom and including the 4th day after the declaration of the results of\nthe election.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Casting postal vote","content":"31 Casting postal vote\n(1) A person to whom postal voting papers have been issued casts a\npostal vote in accordance with the following provisions.\n(2) The person must sign the person's name and insert the date and\ntime on the postal vote certificate.\n(3) The person must:\n(a) mark the person's vote on the ballot paper; and\n(b) fold the ballot paper and place it in the envelope bearing the\npostal vote certificate and seal the envelope.\nNote for subregulation (3)\nIf a person needs assistance to cast a postal vote, see regulation 50.\n(4) As soon as practicable after the envelope is sealed, the person, or\na person to whom the person has entrusted the envelope for\nposting or delivery, must post or deliver the sealed envelope to the\nreturning officer.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Application of Division","content":"32 Application of Division\nThis Division applies to a mandatory postal vote election.\n\nLocal Government (Electoral) Regulations 2021 20\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Definition","content":"33 Definition\nIn this Division:\ndetermination day means the day on which the returning officer\ndetermines the order of the candidates' names on the ballot paper\nfor an election under regulation 10(1).\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Public notice of election","content":"34 Public notice of election\nThe public notice under regulation 6(2) must also include the\nfollowing information:\n(a) the date of the resolution mentioned in section 137(2) of the\nAct;\n(b) the approximate date on which the postal voting papers are\nlikely to be issued and sent to persons on the electoral roll;\n(c) an explanation of the procedures for postal voting;\n(d) any other information that the returning officer considers\nappropriate.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Lodgement of candidate statement","content":"35 Lodgement of candidate statement\n(1) A candidate may lodge a candidate statement.\n(2) The candidate statement may only include the following:\n(a) a statement of no more than 150 words;\n(b) a photograph of the candidate that complies with\nregulation 7(4)(b).\n(3) The candidate statement must not include:\n(a) a reference to another candidate in the election, unless that\nother candidate has consented in writing to the reference; or\n(b) a claim of endorsement or support from a party, an\norganisation or a person, unless the party, organisation or\nperson has consented in writing to the claim being included.\n(4) The following documents must be lodged before 12 noon on the\nsecond day after the determination day:\n(a) the candidate's candidate statement;\n(b) a signed declaration declaring the matters mentioned in\nsubregulation (5);\n\nLocal Government (Electoral) Regulations 2021 21\n(c) if the documents are lodged by a person authorised in writing\nto do so by the candidate – the authorisation.\n(5) The declaration to be lodged must state that the candidate declares\n(a) that the candidate statement is true and correct;\n(b) that the candidate statement does not contain a defamatory\nstatement;\n(c) that the candidate statement does not contain material that\nmay mislead or deceive a person in the casting of a vote;\n(d) that the candidate understands that the candidate is liable to\nbe prosecuted if the candidate statement contains:\n(i) a defamatory statement; or\n(ii) material that may mislead or deceive a person in the\ncasting of a vote.\n(6) The lodgement of the documents under subregulation (4) must be\ndone:\n(a) by the candidate personally or by a person authorised in\nwriting to do so by the candidate; and\n(i) by hand delivery of the documents to an authorised\nofficer at an office of the returning officer or another\nplace approved by the returning officer; or\n(ii) by the electronic means approved by the returning\n(7) The returning officer must reject a candidate statement if the\nreturning officer is of the opinion that at least one of the following\napplies:\n(a) the candidate statement does not meet the requirements of\nsubregulation (2) or (3);\n(b) the candidate statement contains offensive or obscene\nmaterial.\n(8) The returning officer may reject a candidate statement if the\nreturning officer is of the opinion that the candidate statement does\nnot comply with any other requirement of these Regulations.\n\nLocal Government (Electoral) Regulations 2021 22\n(9) A rejection under subregulation (7) or (8) must:\n(a) be made in writing before 12 noon on the 3rd day after the\ndetermination day; and\n(b) state the following:\n(i) the reason for the rejection;\n(ii) which part of the candidate statement requires\namendment;\n(iii) that the candidate may lodge an amended candidate\nstatement before 12 noon on the 4th day after the\ndetermination day.\n(10) If a candidate statement is rejected under subregulation (7) or (8):\n(a) a candidate who wishes to lodge an amended candidate\nstatement may do so if it is lodged before 12 noon on the\n4th day after the determination day by the candidate, or a\nperson authorised in writing by the candidate; and\n(b) subject to paragraph (c), these Regulations apply (with the\nnecessary changes) to the amended candidate statement as if\nit were a candidate statement lodged under this regulation;\nand\n(c) if the amended candidate statement is also rejected under\nsubregulation (7) or (8) – the candidate is not entitled to lodge\na further amended candidate statement.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Lodgement of indication of preferences","content":"36 Lodgement of indication of preferences\n(1) A candidate may lodge an indication of preferences.\n(2) The indication of preferences must:\n(a) be substantially in the form of a ballot paper; and\n(b) include the name of each duly nominated candidate for the\nelection, in the order determined under regulation 10(1); and\n(c) include the following in the candidate squares:\n(i) in the candidate square for the candidate of the\nparticular candidate's first preference, the number \"1\";\n(ii) in each other candidate square, a whole number,\nconsecutively increasing in the order of the particular\ncandidate's preferences.\n\nLocal Government (Electoral) Regulations 2021 23\n(3) The following documents must be lodged before 12 noon on the\nsecond day after the determination day:\n(a) the indication of preferences;\n(b) if the indication of preferences is lodged by a person\nauthorised in writing to do so by the candidate – the\nauthorisation.\n(4) The lodgement of the documents under subregulation (3) must be\ndone:\n(a) by the candidate personally or by a person authorised in\nwriting to do so by the candidate; and\n(i) by hand delivery of the documents to an authorised\nofficer at an office of the returning officer or another\nplace approved by the returning officer; or\n(ii) by the electronic means approved by the returning\n(5) The returning officer must reject an indication of preferences if the\nreturning officer is of the opinion that the indication of preferences\ndoes not meet the requirements of these Regulations.\n(6) A rejection under subregulation (5) must:\n(a) be made in writing before 12 noon on the 3rd day after the\ndetermination day; and\n(b) state the following:\n(i) the reason for the rejection;\n(ii) which part of the indication of preferences requires\namendment;\n(iii) that the candidate may lodge an amended indication of\npreferences before 12 noon on the 4th day after the\ndetermination day.\n(7) If an indication of preferences is rejected under subregulation (5):\n(a) a candidate who wishes to lodge an amended indication of\npreferences may do so if it is lodged before 12 noon on the\n4th day after the determination day, by the candidate or a\nperson authorised in writing by the candidate; and\n\nLocal Government (Electoral) Regulations 2021 24\n(b) subject to paragraph (c), these Regulations apply (with the\nnecessary changes) to the amended indication of preferences\nas if it were an indication of preferences lodged under this\nregulation; and\n(c) if the amended indication of preferences is also rejected under\nsubregulation (5) – the candidate is not entitled to lodge a\nfurther amended indication of preferences.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Application for postal voting papers","content":"37 Application for postal voting papers\n(1) A person may apply to the returning officer for postal voting papers\nto be issued to the person if:\n(a) the person claims to be entitled to vote in the election; and\n(b) the person's name does not appear on the electoral roll; and\n(c) the person makes the application:\n(i) in the approved form; and\n(ii) after the electoral roll closes under regulation 11(1); and\n(iii) before election day.\n(2) A person whose name appears on the electoral roll is taken to have\napplied for postal voting papers.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Application for replacement postal voting papers","content":"38 Application for replacement postal voting papers\n(1) A person who claims to be entitled to vote in an election may apply\nto the returning officer, in the approved form, for replacement postal\nvoting papers, if the person claims that the person applied, or is\ntaken to have applied, for postal voting papers and:\n(a) the person has not received postal voting papers, and the\nperson's address stated in the application:\n(i) is not the address that has previously been associated\nwith the person, either on the electoral roll or in the\napplication under regulation 37(1); and\n(ii) is an address within the area of the election; or\n(b) the person is not a person mentioned in paragraph (a) but has\nnevertheless not received postal voting papers; or\n(c) the postal voting papers have been lost, damaged or\ndestroyed.\n\nLocal Government (Electoral) Regulations 2021 25\n(2) When the application has been received by the returning officer:\n(a) an authorised officer must make a notation, on the postal vote\ncertificate, that the postal voting papers (the replacement\npostal voting papers) are issued in replacement of other\npostal voting papers; and\n(b) the authorised officer must issue, or issue and send, the\nreplacement postal voting papers to the applicant; and\n(c) these Regulations apply in relation to the replacement postal\nvoting papers as if they were the postal voting papers being\nreplaced.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Issue of postal voting papers","content":"39 Issue of postal voting papers\n(1) An authorised officer must issue, or issue and send, postal voting\npapers as follows:\n(a) the authorised officer must issue postal voting papers directly\nto a person if:\n(i) the person applies for the postal voting papers in person\nunder regulation 37(1) or 38(1); and\n(ii) the application is not made before the day mentioned in\nsubregulation (5);\n(b) the authorised officer must issue and send the postal voting\npapers to each other person who is taken to have applied for\npostal voting papers under regulation 37(2).\n(2) The postal vote certificate printed on the envelope that is issued\nto an applicant under subregulation (1) must contain the following:\n(a) if the person applied for postal voting papers under\nregulation 37(1) or replacement postal voting papers under\nregulation 38(1):\n(i) the person's name; and\n(ii) a space for the signature of the person; and\n(iii) a space for inserting the date when the envelope bearing\nthe certificate is received by the authorised officer; and\n(iv) a space for inserting the person's address; and\n(v) a space for inserting the person's date of birth; and\n\nLocal Government (Electoral) Regulations 2021 26\n(vi) a space for inserting the basis on which the person\nclaims to be entitled to vote in the election; and\n(b) otherwise – the matters mentioned in paragraph (a)(i) to (iii).\n(3) A postal ballot paper issued under this Division must include a\nstatement of the offence in regulation 74(1).\n(4) Subject to subregulations (5) to (8), postal voting papers must be\nissued and sent as soon as practicable after the order of\ncandidates' names on the ballot paper is determined or, if\napplicable, the receipt of the application (whichever is the later).\n(5) Postal voting papers must be issued and sent not later than the day\nthat is 15 days before election day, unless the person has made an\napplication under regulation 37(1) or 38(1).\n(6) An authorised officer must not send postal voting papers to a\nperson who did not apply in person for the postal voting papers if:\n(a) the application is received after 6 pm on the 4th day before\nelection day and the address to which the postal voting papers\nare to be sent is outside Australia; or\n(b) the application is received after 6 pm on the second day\nbefore election day and the address to which the postal voting\npapers are to be sent is within Australia.\n(7) An authorised officer may send postal voting papers to a person\nwhose application is received later than a time mentioned in\nsubregulation (6) if the officer considers doing so is appropriate,\nhaving regard to:\n(a) the special circumstances of the person; and\n(b) the need to allow sufficient time for the papers to be\ncompleted by the person by 6 pm on election day; and\n(c) any other matters the officer considers relevant.\n(8) An authorised officer may issue postal voting papers to a person\nwho applies for postal voting papers in person under\nregulation 37(1) or 38(1) if the application is made by 6 pm on\n\nLocal Government (Electoral) Regulations 2021 27\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Records of issue of postal voting papers","content":"40 Records of issue of postal voting papers\nThe authorised officer must:\n(a) carry out the following procedures in relation to the issue of\npostal voting papers:\n(i) initial the ballot paper issued by the officer;\n(ii) if postal voting papers were issued, or issued and sent,\nto a person mentioned in regulation 37(2) or 38:\n(A) number each postal vote certificate with the\nnumber (if any) for the person on the electoral roll;\nand\n(B) record the issue of the postal voting papers, or\nreplacement postal voting papers, to the person on\nthe electoral roll; or\n(b) follow other procedures approved as an alternative by the\nElectoral Commissioner under regulation 86.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Applications to be available for public inspection","content":"41 Applications to be available for public inspection\nThe returning officer must keep the applications for postal voting\npapers and make them available for public inspection for 14 days\nfrom and including the 4th day after the declaration of the results of\nthe election.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Casting postal vote","content":"42 Casting postal vote\n(1) A person to whom postal voting papers have been issued casts a\npostal vote in accordance with the following provisions.\n(2) The person must sign the person's name and insert the date and\ntime on the postal vote certificate.\n(3) The person must:\n(a) mark the person's vote on the ballot paper; and\n(b) fold the ballot paper and place it in the envelope bearing the\npostal vote certificate and seal the envelope.\nNote for subregulation (3)\nIf a person needs assistance to cast a postal vote, see regulation 50.\n\nLocal Government (Electoral) Regulations 2021 28\n(4) As soon as practicable after the envelope is sealed, the person, or\na person to whom the person has entrusted the envelope for\nposting or delivery, must post or deliver the sealed envelope to the\nreturning officer.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Application of Division","content":"43 Application of Division\n(1) This Division provides for the casting of ordinary votes and\ndeclaration votes by persons at a mobile voting centre during the\nmobile voting period for the election.\n(2) This Division does not apply to a mandatory postal vote election.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Mobile voting centre","content":"44 Mobile voting centre\n(1) The returning officer may, in writing, declare a specified place to be\na mobile voting centre for an election where votes may be taken by\nan authorised officer during a specified period.\n(2) The declaration may specify:\n(a) classes of voters who may vote at the mobile voting centre;\nand\n(b) dates and hours during which votes may be cast at the place\nduring the specified period.\n(3) In making the declaration, the returning officer must have regard to\n(a) whether or not there is a distinct community of voters who may\nbe served by the mobile voting centre;\n(b) the practicality for those voters to attend another voting centre\nfor the election;\n(c) the practicality of establishing the mobile voting centre for\nthose voters, having regard to their number and resources\nrequired for doing so.\n(4) If the declaration specifies a class of voters, only a person in that\nclass may vote at the mobile voting centre.\n(5) The returning officer must:\n(a) give notice to the public of the declaration that is reasonable\nand practicable in the circumstances; and\n\nLocal Government (Electoral) Regulations 2021 29\n(b) as far as practicable, notify the community or voters to be\nserved by the mobile voting centre in a way that is reasonable\nin the circumstances.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Change of mobile voting centre, dates or hours for voting","content":"45 Change of mobile voting centre, dates or hours for voting\n(1) The returning officer may substitute another place for the mobile\nvoting centre or change the dates or hours specified for the place if\nsatisfied there are special circumstances requiring the substitution\nor change.\n(2) The returning officer must give notice to the public of the\nsubstitution or change that is reasonable and practicable in the\ncircumstances.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Authorised officers to be present during voting","content":"46 Authorised officers to be present during voting\nAt least 2 authorised officers must be present at a mobile voting\ncentre when the place is open for voting.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Voting at mobile voting centre","content":"47 Voting at mobile voting centre\nVoting is to take place at a mobile voting centre in the same way as\nat a voting centre on election day.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Dealing with ballot boxes","content":"48 Dealing with ballot boxes\n(1) The authorised officer in charge of a mobile voting centre must\nkeep ballot boxes containing ballot papers in proper custody and\nmust ensure that they are properly secured when they are not in\nuse.\n(2) At the conclusion of mobile voting, the authorised officer must send\nthe ballot boxes to the Electoral Commissioner for safe custody, or\nmake other provision as directed by the Electoral Commissioner for\nthe safe custody of the ballot boxes, pending the scrutiny.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Voting times","content":"49 Voting times\nOn election day:\n(a) voting must open at the start of the voting period and close\nwhen all persons present in the voting centre at the end of the\nvoting period and desiring to vote have voted; and\n(b) the voting centre must be closed at the end of the voting\nperiod and no person is to be admitted after that time for\nvoting.\n\nLocal Government (Electoral) Regulations 2021 30\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Assistance to certain persons","content":"50 Assistance to certain persons\n(1) A person who is unable to vote may be assisted in voting if the\nperson would otherwise be unable to vote.\n(2) An assisting person must be a nominee of the person or, if there is\nno nominee, an authorised officer.\n(3) An assisting person may enter a voting compartment to assist a\nperson to vote, but an authorised officer must not do so except in\nthe presence of:\n(a) a scrutineer; or\n(b) if no scrutineer is present – another authorised officer.\n(4) An assisting person may assist a person in any of the following\nways:\n(a) by acting as an interpreter;\n(b) for a declaration vote – by completing, or assisting the person\nto complete, the declaration;\n(c) for a postal vote – by placing the ballot paper in the envelope\nbearing the postal vote certificate, sealing the envelope and\nsending or delivering the envelope to the returning officer;\n(d) by explaining the ballot paper and the requirements of these\nRegulations relating to its marking;\n(e) by marking, or assisting the person to mark, the ballot paper at\nthe person's direction;\n(f) by folding the ballot paper and placing it in a ballot box or\ndeclaration envelope, or giving it to an authorised officer, as\nrequired by these Regulations.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Assistance to persons unable to enter voting centre","content":"51 Assistance to persons unable to enter voting centre\n(1) This regulation applies if the authorised officer in charge of a voting\ncentre is satisfied a person cannot enter the voting centre because\nof a physical or other disability, illness, advanced pregnancy or\nanother condition.\n(2) The person may:\n(a) vote outside the voting centre, but close to the voting centre;\nand\n(b) be assisted in voting.\n\nLocal Government (Electoral) Regulations 2021 31\n(3) Before allowing the person to vote outside the voting centre, the\nauthorised officer must:\n(a) tell any scrutineers at the voting centre that the person is to\nvote outside the voting centre; and\n(b) allow, from the scrutineers present, one scrutineer\nrepresenting each candidate to be present when the person\nvotes.\n(4) The person must:\n(a) mark the person's vote on the ballot paper in the presence of\nthe authorised officer; and\n(b) fold the ballot paper to conceal the names of the candidates;\nand\n(c) give the ballot paper to the authorised officer to be dealt with\nin accordance with subregulation (6) or (7) as appropriate.\n(5) The person must be allowed to mark the person's vote on the ballot\npaper in private.\n(6) If the person is casting an ordinary vote:\n(a) if there is a designated ballot box at the voting centre for the\nlocal government area or ward for which the person has cast a\nvote – the authorised officer must ensure the folded ballot\npaper is placed in the ballot box in the presence of any\nscrutineers who were present when the person voted; or\n(b) otherwise – the authorised officer must, in the presence of the\nperson, without unfolding the ballot paper:\n(i) place it in an envelope bearing the name of the person's\nenrolled local government area or ward and the name of\nthe voting centre; and\n(ii) seal the envelope and place it in a ballot box at the\nvoting centre.\n(7) If the person is casting a declaration vote, the authorised officer\nmust:\n(a) in the presence of the person, without unfolding the ballot\npaper, place the ballot paper in the declaration envelope and\nseal the envelope; and\n(b) place the envelope in a ballot box at the voting centre.\n\nLocal Government (Electoral) Regulations 2021 32\n(8) This regulation is subject to regulation 50.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Spoilt or discarded ballot paper","content":"52 Spoilt or discarded ballot paper\n(1) Subregulation (2) applies if an authorised officer at a voting centre:\n(a) is satisfied a ballot paper given to the officer by a person has\nbeen spoilt by mistake or accident; or\n(b) finds a ballot paper discarded at the voting centre.\n(2) The authorised officer must:\n(a) cancel the ballot paper by writing \"spoilt\" or \"discarded\" on it;\nand\n(b) place the ballot paper in an envelope, seal the envelope and\nendorse the envelope with a statement of its contents; and\n(c) for a spoilt ballot paper – issue to the person an unused ballot\npaper.\n(3) As soon as practicable after the close of voting, the authorised\nofficer must place all envelopes mentioned in subregulation (2)(b)\nwith unused ballot papers.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Dealing with ballot boxes and electoral papers","content":"53 Dealing with ballot boxes and electoral papers\n(1) At the close of voting, the authorised officer in charge of a voting\ncentre must, in the presence of any scrutineers:\n(a) close and seal the ballot boxes containing ballot papers for\nordinary voting or declaration voting; and\n(b) parcel and seal all unused ballot papers; and\n(c) parcel and seal all other electoral papers used at the voting\ncentre (including spoilt and discarded ballot papers).\n(2) The authorised officer must send the ballot boxes and papers\nmentioned in subregulation (1) to the returning officer for the\nelection for scrutiny.\n(3) Subregulations (1)(a) and (2) do not apply to ballot boxes if the\nvoting centre is a scrutiny centre and scrutiny of voting is to\nproceed immediately after the close of voting at the voting centre.\n\nLocal Government (Electoral) Regulations 2021 33\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Adjournment of voting","content":"54 Adjournment of voting\n(1) An authorised officer in charge of a voting centre may adjourn\nvoting at the place on election day if, because of riot, violence, fire,\nstorm, flood or another similar event, it is not practicable to proceed\nwith voting.\n(2) If the authorised officer is not the returning officer for the election,\nthe authorised officer must immediately notify the returning officer\nof an adjournment under subregulation (1).\n(3) The returning officer must decide a day as the day when voting is to\nresume if the returning officer believes it is not reasonably\npracticable for a person affected by the adjournment to cast a vote\nat another voting centre.\n(4) If it is impracticable to resume the voting at the same voting centre,\nthe returning officer must decide the voting centre where voting\nmay be resumed.\n(5) The day decided under subregulation (3) must be as soon as\npracticable and no later than 21 days after the adjournment.\n(6) The returning officer must, as soon as practicable, give such notice\nas is reasonable in the circumstances of the adjournment and any\ndecision under subregulation (3) or (4).\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Employee wishing to vote","content":"55 Employee wishing to vote\n(1) A person commits an offence if the person:\n(a) is an employer of another person (employee); and\n(b) before election day the person receives an application from\nthe employee for leave of up to 2 hours for the purpose of\nvoting; and\n(c) the person:\n(i) declines or refuses to grant leave; or\n(ii) imposes a penalty, disproportionate reduction of pay or\nother impediment or disadvantage on the employee.\nMaximum penalty: for an individual – 5 penalty units; or\nfor a body corporate – 25 penalty units.\n\nLocal Government (Electoral) Regulations 2021 34\n(2) A person does not commit an offence against subregulation (1) if\nthe employee's absence is likely to:\n(a) cause danger to the employer or other employees; or\n(b) cause substantial loss to the employer.\nDivision 1 Preliminary\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"How scrutiny carried out","content":"56 How scrutiny carried out\n(1) The result of voting at an election must be determined by scrutiny in\naccordance with this Part.\n(2) Proceedings at the scrutiny must be open to the inspection of\nscrutineers and other persons approved by the returning officer.\n(3) The returning officer may from time to time adjourn the scrutiny.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Informal ballot paper","content":"57 Informal ballot paper\n(1) A ballot paper is informal:\n(a) unless it is:\n(i) printed by a printer authorised by the returning officer to\nprint ballot papers for the election; or\n(ii) created for the election by an authorised officer and\ninitialled by an authorised officer; or\n(b) unless it is marked with a vote clearly indicating the order of\nthe voter's preference for all candidates; or\n(c) if an authorised officer is satisfied the voter can be identified\nbecause of a mark or other writing on it.\n(2) For subregulation (1)(b), a voter is taken to have indicated the\nvoter's order of preferences for all the candidates on a ballot paper\nin the circumstances mentioned in subregulation (3), (4) or (5).\n\nLocal Government (Electoral) Regulations 2021 35\n(3) If there are only 2 candidates and the voter placed a mark in one\ncandidate square and either placed a \"2\" in the remaining candidate\nsquare or left it blank:\n(b) the other candidate is the voter's last preference.\n(4) If there are 3 or more candidates and the voter placed a mark in\none candidate square and placed consecutively increasing whole\nnumbers (starting with a \"2\") in the remaining candidate squares\nuntil a number is placed in each of those candidate squares:\n(b) the number placed in each other candidate square indicates\nthe voter's order of preference for the remaining candidates.\n(5) If there are 3 or more candidates and the voter placed a mark in\none candidate square, left one candidate square blank and placed\nconsecutively increasing whole numbers (starting with a \"2\") in the\nremaining candidate squares until a number is placed in each of\nthose candidate squares:\n(b) the candidate whose candidate square is left blank is the\nvoter's last preference; and\n(c) the number placed in each other candidate square indicates\nthe voter's order of preferences between the first and last\npreference.\n(6) A ballot paper is not informal merely because of some other error or\nmisdescription unless an authorised officer is satisfied that the error\nor misdescription is likely to have misled the voter, thus causing the\nvote to miscarry.\nNote for subregulation (6)\nIf a candidate's name appears on a ballot paper in an incomplete form, or is\nmisspelled, the ballot paper is not informal unless an authorised officer was\nsatisfied that the deficiency or error is likely to have caused doubt or confusion\nabout the identity of the candidate.\n(7) Subject to this regulation, a ballot paper must be given effect\naccording to the voter's intention so far as the voter's intention is\nclear.\n\nLocal Government (Electoral) Regulations 2021 36\nmark means a single \"1\", tick, cross or any other writing or mark\nthat indicates the voter's intention.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Postal and declaration voting papers to be rejected on basis of","content":"58 Postal and declaration voting papers to be rejected on basis of\ntime or manner of receipt\n(1) Postal voting papers must not be accepted for scrutiny unless the\nenvelope bearing the postal vote certificate is received by the\nreturning officer before 12 noon on the 13th day after election day.\n(2) A declaration ballot paper must not be accepted for scrutiny if:\n(a) it is not received for scrutiny in a sealed envelope; and\n(b) the sealed envelope is not signed as required under these\nRegulations.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Rejection of informal ballot papers","content":"59 Rejection of informal ballot papers\nAn authorised officer responsible for the scrutiny must:\n(a) examine each ballot paper (except those not accepted for\nscrutiny) to determine whether it is formal; and\n(b) set aside all informal ballot papers, count them and place\nthem in a parcel.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Objections by candidate's scrutineer","content":"60 Objections by candidate's scrutineer\n(1) A candidate's scrutineer may object to the admission or rejection of\na ballot paper as a formal ballot paper.\n(2) The objection must be made to an authorised officer conducting the\nscrutiny.\n(3) The authorised officer must decide the objection by admitting or\nrejecting the ballot paper the subject of the objection as a formal\nballot paper and must mark the ballot paper \"admitted\" or \"rejected\"\naccording to the decision.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Dealing with certain votes cast by absent voters","content":"61 Dealing with certain votes cast by absent voters\n(1) If the authorised officer in charge of a scrutiny centre finds an\nunenclosed absent ballot paper in a ballot box at a voting centre,\nthe officer must not reject the ballot paper from scrutiny merely\nbecause it is not in an envelope.\n\nLocal Government (Electoral) Regulations 2021 37\n(2) The officer must:\n(a) place the unenclosed absent ballot paper in an envelope\nbearing the name of the local government area or ward and\nthe name of the voting centre; and\n(b) send it to the authorised officer for the local government area\nor ward to which it relates.\n(3) In this regulation:\nunenclosed absent ballot paper means a ballot paper to which\nregulation 21(1)(c)(ii) applies that is not contained in an envelope\nbearing the name of the local government area or ward stated on\nthe ballot paper.\n","sortOrder":63},{"sectionNumber":"Div 3","sectionType":"division","heading":"Ordinary votes","content":"Division 3 Ordinary votes\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Examination of voting papers for certain ordinary votes","content":"62 Examination of voting papers for certain ordinary votes\n(1) An authorised officer must examine each unopened envelope\nplaced in a ballot box under regulation 21(2) or 51(6)(b).\n(2) If it appears that an envelope contains a vote for an election for\nanother local government area, the authorised officer must send the\nunopened envelope to an authorised officer for the relevant area for\ndetermination whether the vote should be admitted to the count for\nthat area or a ward within that area.\n(3) For each local government area or ward, an authorised officer\nmust:\n(a) open the envelopes containing ballot papers; and\n(b) take the ballot papers out of the envelopes; and\n(c) place the envelopes in a parcel with all other envelopes from\n(4) The authorised officer must seal the parcel referred to in\nsubregulation (3)(c) and endorse on it a statement of its contents.\n(5) A candidate's scrutineer may sign the sealed parcel.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Examination of voting papers for declaration voting","content":"63 Examination of voting papers for declaration voting\n(1) An authorised officer must examine each unopened envelope\ncontaining a declaration ballot paper.\n\nLocal Government (Electoral) Regulations 2021 38\n(2) If it appears from the declaration that an envelope contains a vote\nfor an election for another local government area, the authorised\nofficer must send the unopened envelope to an authorised officer\nfor the relevant area for determination whether the vote should be\nadmitted to the count for that area or a ward within that area.\n(3) The authorised officer must admit the envelope to the scrutiny if the\nofficer is satisfied that:\n(a) the declaration on the envelope is properly signed; and\n(b) the person who made the declaration is entitled to vote and:\n(i) the person does not appear to have voted more than\nonce at the election; or\n(ii) in the case of a person marked as having already\nvoted – there is a reasonable possibility that the mark\nwas inserted in error.\n(4) In deciding under subregulation (3)(b) whether a person who made\na declaration is entitled to vote, the authorised officer may have\nregard to an electoral roll or extract as in force at an earlier time\nand any other matters the officer considers appropriate.\n(5) When the authorised officer admits a declaration envelope to the\nscrutiny, the authorised officer must:\n(a) make a record of:\n(i) the fact that the voter has voted by placing a mark\nagainst the voter's name on an electoral roll or in some\nother appropriate way; or\n(ii) in the case of a person whose name is not on an\nelectoral roll but who the authorised officer is satisfied is\nentitled to vote in accordance with Part VIII of the\nCommonwealth Electoral Act 1918 (Cth) – that\nentitlement in some appropriate way; and\n(b) take the ballot paper out of the envelope; and\n(c) place the envelope in a parcel with all other envelopes from\n(6) If the authorised officer is not satisfied of the matters mentioned in\nsubregulation (3), the officer must:\n(a) exclude the ballot paper from further scrutiny without opening\nthe envelope in which it is contained; and\n\nLocal Government (Electoral) Regulations 2021 39\n(b) place the unopened envelopes in a parcel.\n(7) The authorised officer must seal the parcels mentioned in\nsubregulations (5)(c) and (6)(b) and endorse on each parcel a\nstatement of its contents.\n(8) A candidate's scrutineer may sign a sealed parcel.\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Receipt of postal voting papers","content":"64 Receipt of postal voting papers\nOn receipt of postal voting papers, an authorised officer must:\n(a) note on the voter's postal vote certificate the date and time of\nreceipt; and\n(b) place the postal voting papers in a secure receptacle.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Scrutiny of postal voting papers","content":"65 Scrutiny of postal voting papers\n(1) The following provisions apply to the scrutiny of postal voting\npapers.\n(2) An authorised officer must reject postal voting papers if the\nauthorised officer is satisfied that:\n(a) the postal voting papers were signed after 6 pm on election\nday; or\n(b) the postal voting papers were received after 12 noon on the\n13th day after election day.\n(4) Subject to subregulation (5), the authorised officer must admit a\npostal ballot paper for scrutiny if satisfied that:\n(a) the voter has signed the postal vote certificate and the\nauthorised officer has no reason to doubt that the signature is\nthat of the voter; and\n(b) one of the following applies:\n(i) the election is not a mandatory postal vote election and\nthe signature is that of the elector who signed the\napplication;\n(ii) the election is a mandatory postal vote election, the\npostal voting papers were issued to a person other than\na person who applied for postal voting papers under\nregulation 37(1) and the number on the postal vote\n\nLocal Government (Electoral) Regulations 2021 40\ncertificate corresponds with the number of the person on\nthe electoral roll.\n(4A) For subregulation (4)(a), if the authorised officer has any reason to\ndoubt that the signature on the postal vote certificate is that of the\nvoter, the authorised officer must:\n(a) check the signature against the most recent record (if any) of\nthe voter's signature that is available to the authorised officer;\nand\n(b) if the authorised officer remains in any doubt as to whether the\nsignature is that of the voter, the authorised officer must:\n(i) make all reasonable attempts to contact the voter; and\n(ii) give the voter the opportunity to provide evidence of the\nvoter's identity by 12 noon on the 13th day after election\nday.\n(5) If replacement postal voting papers have been issued, or issued\nand sent, to a voter and the authorised officer receives both the\nreplacement postal voting papers and the other voting papers\nreplaced by the replacement postal voting papers, the authorised\nofficer must admit only the replacement postal ballot paper for\nscrutiny.\n(6) When the authorised officer admits for scrutiny a postal ballot paper\nissued or issued and sent to a voter, other than a voter who applied\nfor postal voting papers under regulation 37(1), the authorised\nofficer must:\n(a) place a mark against the voter's name on the electoral roll;\nand\n(b) take the ballot paper out of the envelope and, without\nunfolding it, place it in a ballot box; and\n(c) place the envelope in a parcel with all other envelopes from\n(7) If the authorised officer rejects postal voting papers under\nsubregulation (2), the officer must mark the unopened envelope\nwith the word \"rejected\" before placing it in a parcel of rejected\npostal voting papers.\n\nLocal Government (Electoral) Regulations 2021 41\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Determination of result of election","content":"66 Determination of result of election\nAs soon as practicable after the close of voting for an electorate, an\nauthorised officer must, in accordance with this Division and\nSchedule 1:\n(a) continue the scrutiny of all formal ballot papers for the\nelectorate; and\n(b) proceed to determine the result of the election for the\nelectorate.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Election of principal member of council","content":"67 Election of principal member of council\n(1) If the principal member of a council is to be elected, the authorised\nofficer must determine the result of that election by counting the\nvotes and filling the vacancy in accordance with Schedule 1.\n(2) The authorised officer must do so before determining the result of\nthe election of ordinary members of the council.\nNote for subregulation (2)\nRegulation 68(2) applies in relation to a candidate for an election both as the\nprincipal member and as an ordinary member of a council.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Election of ordinary member of council","content":"68 Election of ordinary member of council\n(1) If ordinary members of a council are to be elected, the authorised\nofficer must determine the result of the election by counting the\nvotes and filling the vacancies in accordance with Schedule 1.\n(2) If a candidate for a position of ordinary member of a council has\nbeen elected as the principal member of the council under\nregulation 67, the authorised officer must determine the result of the\nelection of ordinary members of the council as follows:\n(a) a vote indicated on a ballot paper opposite the name of the\ncandidate must be counted to the candidate next in the order\nof the voter's preference;\n(b) the numbers indicating subsequent preferences are taken to\nhave been altered accordingly.\n\nLocal Government (Electoral) Regulations 2021 42\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Death of candidate – election of ordinary members","content":"69 Death of candidate – election of ordinary members\n(1) This regulation applies to the election of ordinary members of a\ncouncil under regulation 68.\n(2) If a candidate for an electorate dies before the end of election day,\nthe result of the election for the electorate must be determined as\nprovided in Schedule 1, clause 18.\n(3) If a candidate for an electorate dies after election day and before\nthe result of the election for the electorate is declared under\nregulation 71 (the deceased candidate), the result must be\ndetermined under Schedule 1 as if the deceased candidate had not\ndied.\n(4) If the deceased candidate would have been elected on that\ndetermination (the original determination), the result of the\nelection for the electorate must be further determined as follows:\n(a) if there is only one unelected candidate remaining on the\noriginal determination (including an excluded candidate as\ndefined in Schedule 1) – that candidate is to be determined as\nelected;\n(b) otherwise – the votes are to be recounted under Schedule 1,\nclause 18 as if the deceased candidate were a candidate who\ndied as mentioned in that clause.\n(5) The recount under subregulation (4)(b) must:\n(a) not take into account the result of the original determination;\nand\n(b) cease immediately after a candidate, other than a candidate\nwho was determined to be elected on the original\ndetermination (a previously elected candidate), is\ndetermined to be the earliest elected.\n(6) The candidate who is determined as elected under\nsubregulation (4)(a), or determined to be the earliest elected as\nmentioned in subregulation (5)(b), is to be elected in place of the\ndeceased candidate for the electorate.\n(7) Despite the result of the original determination and the recount,\neach of the previously elected candidates is to be determined to be\nelected for the electorate.\n\nLocal Government (Electoral) Regulations 2021 43\n(8) If more than one candidate has died as mentioned in\nsubregulation (2):\n(a) subregulations (2) to (7) operate separately for each death in\nthe order of the deaths; and\n(b) if 2 or more deaths occur at the same time – an older person\nis taken to have died earlier than a younger person.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Recount","content":"70 Recount\n(1) At any time before the declaration of the result of an election, the\nreturning officer may direct an authorised officer to recount all or a\nspecified class of the ballot papers.\n(2) The returning officer may give the direction:\n(a) on receipt of a written request from a candidate stating the\nreasons why a recount is sought; or\n(b) on the returning officer's own initiative.\n(3) In the course of the recount the authorised officer may reconsider\nany decision made earlier in the scrutiny relating to the admission\nor rejection of a ballot paper as a formal ballot paper and may\nreverse the decision.\n(4) If on an earlier count the question of which of 2 or more candidates\nwith an equal number of votes is to be excluded arose and that\nquestion was resolved by lot, if the same question arises on the\nrecount the same candidate must be excluded.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Declaration of result of election","content":"71 Declaration of result of election\nAs soon as practicable after the results of an election have been\ndetermined the returning officer must do the following:\n(a) give public notice of the results of the election and the name of\nthe candidate or candidates returned as elected;\n(b) certify the results of the election to the CEO of the council;\n(c) notify the Minister of the results of the election;\n(d) if the returning officer is not the Electoral Commissioner –\nnotify the Electoral Commissioner and the Chief Executive\nOfficer of the Agency of the results of the election.\n\nLocal Government (Electoral) Regulations 2021 44\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Extension or change of time","content":"72 Extension or change of time\nThe Minister, by Gazette notice, may extend or change the time for\nholding an election, or for taking a step in an election, for an\nelectorate if the Minister is satisfied there is good reason to do so.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"New election on failure of election","content":"73 New election on failure of election\n(1) An election fails if any of the following occur:\n(a) it fails wholly if no candidate is elected;\n(b) it fails in part if one or more candidates are elected but not as\nmany as required to fill all vacancies that were to be filled at\nthe election;\n(c) an election for the principal member of a council fails wholly if\nany candidate for principal member dies before the end of\n(2) If an election fails wholly or in part, the returning officer must, as\nsoon as practicable, fix a date for a new election to fill any resulting\ndeficiencies in the membership of the council.\n(3) The electoral roll prepared for the failed election must be used for\nthe new election.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Dishonesty","content":"74 Dishonesty\n(1) A person commits an offence if:\n(a) the person intentionally claims, or purports, to exercise a\nvoting or other right in relation to an election; and\n(b) the person is not entitled to exercise that right; and\n(c) the person has knowledge of that circumstance.\n(2) A person commits an offence if:\n(a) the person makes a misleading statement to an authorised\nofficer in connection with an election; and\n\nLocal Government (Electoral) Regulations 2021 45\n(b) the person knows the statement is misleading.\nMaximum penalty: 5 penalty units.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Interference with electoral materials","content":"75 Interference with electoral materials\nA person commits an offence if the person:\n(a) intentionally damages, destroys or interferes with voting\npapers or other materials prepared for official use in an\nelection; and\n(b) does not have proper authority to do so.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Duty of those who assist voters","content":"76 Duty of those who assist voters\n(1) A person commits an offence if:\n(a) the person (the assisting person) intentionally assists a\nperson to vote who is unable to vote without assistance; and\n(b) the assisted person's ballot paper is not marked in accordance\nwith the instructions of the assisted person and the assisting\nperson has knowledge of that result.\n(2) A person commits an offence if the person:\n(a) accepts an application for postal voting papers, or completed\npostal voting papers, for posting or delivery to a returning\nofficer; and\n(b) fails to immediately post or deliver them to the returning\n(3) An offence against subregulation (2) is an offence of strict liability.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Conduct at voting centre","content":"77 Conduct at voting centre\n(1) A person commits an offence if the person intentionally canvasses\nfor votes in, or within 10 metres of the entrance to, a voting centre\nwhile the voting centre is open for voting.\n\nLocal Government (Electoral) Regulations 2021 46\n(2) A person commits an offence if the person intentionally wears or\ndisplays campaign material in a voting centre while the voting\ncentre is open for voting.\nMaximum penalty: 5 penalty units.\n(3) A person commits an offence if:\n(a) the person is at a voting centre; and\n(b) the authorised officer in charge of the voting centre gives a\ndirection to the person; and\n(c) the direction relates to the person's conduct; and\n(d) the person intentionally fails to comply with the direction.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Infringement notice offence and prescribed amount payable","content":"78 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 2.\n(2) The prescribed amount for an infringement notice offence is the\namount specified in Schedule 2 for the offence.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"When infringement notice may be given","content":"79 When infringement notice may be given\nIf an authorised officer believes on reasonable grounds that a\nperson has committed an infringement notice offence, the\nauthorised officer may give a notice (an infringement notice) to\nthe person.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Contents of infringement notice","content":"80 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person to whom it is issued, if\nknown;\n(b) the date the infringement notice is given or sent to the person\nand:\n(i) if the offence consists of a failure to vote at an election –\nthe date of the election; or\n\nLocal Government (Electoral) Regulations 2021 47\n(ii) in any other case – the date, time and place of the\nalleged offence;\n(c) a description of the offence;\n(d) the prescribed amount payable for the offence;\n(e) that the prescribed amount is payable to:\n(i) for a by-election and if the returning officer is not the\nElectoral Commissioner – the relevant council; or\n(ii) otherwise – the Electoral Commission.\n(2) The infringement notice must include a statement to the effect of\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount within 28 days after the notice is given;\n(b) the person may elect to have the matter dealt with by a court\ninstead of paying the prescribed amount by completing a\nstatement of election and returning it to the person stated in\nthe notice;\n(c) if the person does nothing in response to the notice, a\nsummons may be issued requiring the alleged offender to\nappear before the Local Court to be dealt with for the offence.\n(3) The infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Expiation of offence","content":"81 Expiation of offence\nIf the prescribed amount for the infringement offence is paid in\naccordance with the infringement notice, the alleged offence is\nexpiated and no further proceedings can be taken in relation to the\noffence.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Electronic payment and payment by cheque","content":"82 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the payee's\nbank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n\nLocal Government (Electoral) Regulations 2021 48\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Withdrawal of infringement notice","content":"83 Withdrawal of infringement notice\n(1) An authorised officer may withdraw the infringement notice by\nwritten notice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"How service effected","content":"84 How service effected\nService of an infringement notice or a notice of withdrawal of an\ninfringement notice must be effected by:\n(a) delivering it to the person personally; or\n(b) posting it to the person at the person's last known address; or\n(c) leaving it for the person at the person's last known place of\nresidence or business with someone who appears to be at\nleast 16 years old and resident or employed there.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Application of Part","content":"85 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) This Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nLocal Government (Electoral) Regulations 2021 49\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"Electoral Commissioner's power to approve electronic or other","content":"86 Electoral Commissioner's power to approve electronic or other\nautomated systems\n(1) The Electoral Commissioner may, in writing, approve the use of a\nspecified electronic or other automated system (approved system)\nfor specified purposes relating to any of the following:\n(a) issuing and returning of ballot papers;\n(b) counting and processing of votes;\n(c) voting by a specified group of persons;\n(d) assisting persons to vote who have a physical or other\ndisability, illness, advanced pregnancy or another condition.\nExample for subregulation (1)(a)\nThe confirmation and recording of the issuing of ballot papers.\nExamples for subregulation (1)(c)\nVoters in remote locations or interstate or overseas voters.\n(2) The Electoral Commissioner must not give the approval unless the\nElectoral Commissioner is satisfied:\n(a) as far as practicable, the secrecy of the ballot will be\nmaintained by the approved system; and\n(b) the approval is warranted having regard to the practicality of\nthe system and resources required to establish and maintain\nit; and\n(c) the approval is consistent with the Electoral Commissioner's\nfunctions under these Regulations; and\n(d) the approved system would be supported by secure facilities;\nand\n(e) if subregulation (1)(c) applies – there are exceptional\ncircumstances relating to the specified group of persons.\n(3) As soon as practicable after giving the approval, the Electoral\nCommissioner must give notice to the public of the approved\nsystem that is reasonable and practicable in the circumstances.\n\nLocal Government (Electoral) Regulations 2021 50\n(4) If the approval specifies that a matter covered by subregulation (1)\nmay be done in accordance with the approved system instead of a\nspecified requirement under these Regulations, a thing done in\naccordance with the approval has effect as if that requirement had\nbeen met.\n","sortOrder":89},{"sectionNumber":"87","sectionType":"section","heading":"Electoral costs and expenses","content":"87 Electoral costs and expenses\n(1) If the returning officer for an election is the Electoral Commissioner,\nthe reasonable costs and expenses of conducting the election,\nincluding the costs and expenses incurred by the Electoral\nCommissioner, are payable from the funds of the relevant council\nand may be recovered from the council as a debt.\n(2) The reasonable costs and expenses of conducting an election are\nto be determined in accordance with an agreement between the\ncouncil and the Electoral Commissioner.\n(3) If there is no agreement under subregulation (2), the Electoral\nCommissioner may commence a proceeding in a court to recover\nthe reasonable costs and expenses incurred by the Electoral\nCommissioner as a debt due to the Electoral Commission.\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Contravention of Part 4, Division 6","content":"88 Contravention of Part 4, Division 6\n(1) A returning officer for an election commits an offence if:\n(b) the conduct results in the election being determined or\ndeclared otherwise than in accordance with Part 4, Division 6;\nand\nMaximum penalty: 100 penalty units.\n(2) An offence against subregulation (1) does not apply to the Electoral\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Contravention of regulations – returning officer","content":"89 Contravention of regulations – returning officer\n(1) A returning officer for an election commits an offence if:\n(b) the conduct results in a contravention of a regulation, other\nthan a regulation for which another penalty is prescribed; and\n\nLocal Government (Electoral) Regulations 2021 51\nMaximum penalty: 30 penalty units.\n(2) An offence against subregulation (1) does not apply to the Electoral\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Contravention of regulations – authorised officer or employee","content":"90 Contravention of regulations – authorised officer or employee\n(1) A person who is or was a relevant person in relation to an election\ncommits an offence if:\n(a) the person engages in conduct; and\n(b) the conduct results in a contravention of a regulation, other\nthan a regulation for which another penalty is prescribed; and\n(c) the person is reckless in relation to that result.\nMaximum penalty: 15 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubregulation (1) if the defendant has a reasonable excuse.\n(3) In this regulation:\nrelevant person means:\n(a) a person authorised under regulation 5(1)(b) to be an\nauthorised officer by the returning officer, other than the\nElectoral Commissioner, for an election; or\n(b) an employee of the returning officer, other than the Electoral\nCommissioner, for an election.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Storage and destruction of electoral papers","content":"91 Storage and destruction of electoral papers\n(1) A returning officer, other than the Electoral Commissioner, must:\n(a) securely store electoral papers in the returning officer's\npossession; and\n(b) give the electoral papers to the Electoral Commissioner on the\nearlier of the following days:\n(i) the day on which the returning officer ceases to be a\nreturning officer;\n\nLocal Government (Electoral) Regulations 2021 52\n(ii) the day on which the returning officer is first satisfied that\nthe electoral papers are no longer required for exercising\na power or performing a function under these\nRegulations.\n(2) Until the Electoral Commissioner is satisfied that electoral papers in\nthe Electoral Commissioner's possession are no longer required for\nexercising a power or performing a function under these\nRegulations, the Electoral Commissioner must securely store:\n(a) the electoral papers in the Electoral Commissioner's\npossession as returning officer for an election; and\n(b) the electoral papers that came into the Electoral\nCommissioner's possession under subregulation (1)(b).\n(3) The Electoral Commissioner may destroy the electoral papers when\nthey are no longer required to be stored under subregulation (2).\n(4) A returning officer for an election commits an offence if:\n(b) the conduct results in electoral papers that were used for the\nelection being damaged or destroyed; and\nMaximum penalty: 100 penalty units.\n(5) A returning officer for an election commits an offence if:\n(b) the conduct results in electoral papers that were used for the\nelection not being given to the Electoral Commissioner as\nrequired by subregulation (1)(b); and\n(6) An offence against subregulation (4) or (5) does not apply to the\nElectoral Commissioner.\n(7) It is a defence to a prosecution for an offence against\nsubregulation (4) or (5) if the defendant has a reasonable excuse.\n\nLocal Government (Electoral) Regulations 2021 53\nelectoral papers means papers in the possession of the Electoral\nCommissioner or another returning officer that were used for an\nelection, including postal voting papers that were not delivered and\nhave been returned to the returning officer.\n\nLocal Government (Electoral) Regulations 2021 54\nregulations 66 to 69\n1 Definitions\nIn this Schedule:\ncontinuing candidate means a candidate not already elected or\nexcluded from a count under this Schedule.\nelected, in relation to a candidate, means the candidate is to be\nelected as determined under this Schedule.\nexcluded candidate means a candidate who is excluded under\nclause 8 or 10.\nquota means the quota calculated under clause 5(1)(d).\nsurplus, of an elected candidate, see clause 6(1).\ntransfer value:\n(a) for a transfer of the surplus of an elected candidate – see\nclause 6(1)(a) (including that clause as affected by clause 7);\nor\n(b) for a transfer of the votes of an excluded candidate – means\nthe transfer value mentioned in clause 8(3) or (5).\n2 References to votes for a candidate\nA reference to votes of, or obtained or received by, a candidate\nincludes votes obtained or received by the candidate on any\ntransfer under this Schedule.\n3 What constitutes a separate transfer\nFor this Schedule, each of the following constitutes a separate\ntransfer:\n(a) a transfer under clause 6 or 9(2) of the surplus of any elected\n(b) a transfer under clause 8(3) of all first preference votes of an\nexcluded candidate;\n(c) a transfer under clause 8(5) of all the votes of an excluded\ncandidate that were transferred from another candidate.\n\nLocal Government (Electoral) Regulations 2021 55\n4 Roles of authorised officer, other officers and scrutineers\nThe counting of votes for an electorate must be conducted by an\nauthorised officer (the authorised officer) with the assistance of\nany other authorised officers, and in the presence of any\nscrutineers, under this Schedule.\n5 Determination of quota and election of candidate on first\npreference votes\n(1) The authorised officer must:\n(a) ascertain the number of first preference votes given to each\ncandidate in the electorate; and\n(b) ascertain the total number of all first preference votes given in\nthe electorate (the amount A); and\n(c) add 1 to the number of candidates required to be elected for\nthe electorate (the amount B); and\n(d) determine the quota for each electorate, which is worked out\nas follows:\n(i) divide A by B (disregarding any fraction);\n(ii) add 1 to the amount worked out under subparagraph (i).\n(2) Any candidate who has received a number of first preference votes\nequal to or greater than the quota is elected.\n(3) For this Schedule, if the total number of all first preference votes\ngiven in the electorate is 150 or less, the number of votes of any\nkind contained in the ballot papers are taken to be the amount\nworked out by multiplying the number of votes of that kind\ncontained in the ballot papers by 100.\n6 Transfer of surplus from elected candidates\n(1) Unless all the vacancies for the electorate have been filled, the\nnumber (if any) of votes in excess of the quota (the surplus) of\neach elected candidate must be transferred to the continuing\ncandidates as follows:\n(a) the surplus must be divided by the number of first preference\nvotes received by the elected candidate (the resulting fraction\nis the transfer value);\n\nLocal Government (Electoral) Regulations 2021 56\n(b) the total number of ballot papers of the elected candidate that\nboth express the first preference vote for that candidate and\nthe next available preference for a particular continuing\ncandidate must be multiplied by the transfer value;\n(c) the number so obtained (disregarding any fraction) must be\nadded to the number of first preference votes of the continuing\ncandidate and all those ballot papers must be transferred to\nthe continuing candidate.\nNote for subclause (1)\nUnder clause 7, the transfer value for an elected candidate's surplus is calculated\nby dividing the surplus by the total number of ballot papers received by the\nelected candidate, including those expressing votes that are taken to be first\npreference votes for the elected candidate under clause 7(a).\n(2) Any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of any transfer\nunder subclause (1) is elected.\n(3) Unless all the vacancies for the electorate have been filled:\n(a) the surplus (if any) of any candidate elected under\nsubclause (2), or elected subsequently under this subclause,\nmust be transferred to the continuing candidates in\naccordance with subclause (1); and\n(b) any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of any\nsuch transfer is elected.\nNote for subclause (3)\nSee clause 7.\n(4) If a continuing candidate has received a number of votes equal to\nor greater than the quota on the completion of a transfer of the\nsurplus of a particular elected candidate because of subclause (1)\nor (3), no votes of any other candidate are to be transferred to the\ncontinuing candidate.\n7 How to deal with ballot papers on transfer of surplus\nFor the purpose of applying clause 6(1) to a transfer of the surplus\nof an elected candidate because of clause 6(3)(a) or 9(2), each\nballot paper of the elected candidate that was obtained on a\ntransfer under this Schedule must be dealt with as if:\n(a) any vote it expressed for the elected candidate were a first\npreference vote; and\n\nLocal Government (Electoral) Regulations 2021 57\n(b) any other candidate previously elected or excluded had not\nbeen a candidate; and\n(c) the subsequent preferences of the voter had been altered\naccordingly.\n8 Transfer of ballot papers on exclusion of candidate\n(1) This clause applies if no candidate has, or fewer than the number of\ncandidates required to be elected have, received a number of votes\nequal to or greater than the quota after:\n(a) the counting of first preference votes; or\n(b) the election of a candidate and the transfer of the surplus (if\nany) of the elected candidate that are capable of being\ntransferred.\n(2) If this clause applies:\n(a) the candidate who has the fewest votes must be excluded;\nand\n(b) the excluded candidate's votes and ballot papers must be\ntransferred to the continuing candidates as provided in\nsubclauses (3) to (6).\n(3) The total number of first preference votes for the excluded\ncandidate contained in ballot papers that express the next available\npreference for a particular continuing candidate must be transferred\n(each first preference vote at a transfer value of one) to the\ncontinuing candidate.\n(4) The transferred votes must be added to the number of votes of the\ncontinuing candidate and all the ballot papers containing those\nvotes must be transferred to the continuing candidate.\n(5) The total number (if any) of other votes obtained by the excluded\ncandidate on transfers under this Schedule must be transferred\nfrom the excluded candidate in the order of the transfers on which\nthey were obtained (the votes obtained on the earliest transfer\nbeing transferred first) as follows:\n(a) the total number of ballot papers of the excluded candidate\nreceived from a particular candidate that express the next\navailable preference for a particular continuing candidate must\nbe multiplied by the transfer value at which the votes\ncontained in those papers were transferred to the excluded\n\nLocal Government (Electoral) Regulations 2021 58\n(b) the number so obtained (disregarding any fraction) must be\nadded to the number of votes of the continuing candidate;\n(c) all those ballot papers must be transferred to the continuing\ncandidate.\n(6) However, the total number of ballot papers of the excluded\ncandidate received from all candidates may be amalgamated if:\n(a) those ballot papers have the same transfer value; and\n(b) the election was for a single vacancy.\n9 Election of candidate on transfer of excluded candidate's votes\nand transfer of surplus of elected candidate\n(1) Any continuing candidate who has received a number of votes\nequal to or greater than the quota on the completion of a transfer\nunder clause 8 of votes of an excluded candidate is elected.\n(2) Unless all the vacancies for the electorate have been filled, the\nsurplus (if any) of the candidate so elected must be transferred in\naccordance with clause 6.\nNote for subclause (2)\nSee clause 7.\n(3) Despite subclause (2), if the candidate so elected is elected before\nall the votes of the excluded candidate have been transferred, the\nsurplus (if any) of the candidate so elected must not be transferred\nuntil the remaining votes of the excluded candidate have been\ntransferred as provided in clause 8(3) to (5) to continuing\ncandidates.\n10 Further exclusion of candidate\nSubject to clause 12, if after the exclusion of a candidate and the\ntransfer of the votes (if any) of the excluded candidate that are\ncapable of being transferred, no continuing candidate has received\na number of votes greater than the quota:\n(a) the continuing candidate who has the fewest votes must be\nexcluded; and\n(b) that continuing candidate's votes and ballot papers must be\ntransferred in accordance with clause 8(3) to (5).\n\nLocal Government (Electoral) Regulations 2021 59\n11 No further transfer of votes\nIf a candidate is elected as a result of either of the following, no\nother votes of the excluded candidate may be transferred to the\ncandidate so elected:\n(a) a transfer of the first preference votes of an excluded\n(b) a transfer of all the votes of an excluded candidate that were\ntransferred to the excluded candidate from a particular\ncandidate.\n12 Election of candidate out of 2 continuing candidates\n(1) For the last vacancy for which 2 continuing candidates remain, the\ncontinuing candidate who has the larger number of votes is elected\neven if that number is below the quota.\n(2) If those candidates have the same number of votes, the candidate\nwith the larger number of votes at the last preceding count or\ntransfer is taken to be elected.\n(3) If the number of votes at the last preceding count or transfer was\nequal:\n(a) the candidate with the larger number of votes at the last\npreceding count or transfer at which those candidates had a\ndifferent number of votes is taken to be elected; or\n(b) if there is no preceding count or transfer at which those\ncandidates had a different number of votes – the authorised\nofficer must, in the presence of any scrutineers who may be\npresent, draw lots to determine which of the candidates is to\nbe elected.\n13 Election of candidates if number of vacancies equal to number\nof continuing candidates\nDespite anything to the contrary in this Schedule, if on the\ncompletion of a transfer of votes under this Schedule the number of\ncontinuing candidates is equal to the number of remaining unfilled\nvacancies, those continuing candidates are elected.\n14 Order of election\n(1) For this Schedule, the order of election of candidates must be:\n(a) in accordance with the order of the count or transfer as a\nresult of which they were elected; and\n\nLocal Government (Electoral) Regulations 2021 60\n(b) on the basis that the candidates (if any) elected on the count\nof first preference votes are to be the earliest elected.\n(2) If 2 or more candidates are elected as a result of the same count or\ntransfer, the order in which they will be taken to have been elected\nmust be:\n(a) in accordance with the relative numbers of their votes; and\n(b) on the basis that the candidate with the largest number of\nvotes is the earliest elected.\n(3) Despite subclause (2), if 2 or more of those candidates each has\nthe same number of votes, the order in which they are taken to\nhave been elected must be:\n(a) in accordance with the relative numbers of their votes at the\nlast count or transfer before their election at which each of\nthem had a different number of votes; and\n(b) on the basis that the candidate with the largest number of\nvotes at that count or transfer is the earliest elected.\n(4) If there has been no count or transfer, the authorised officer must,\nin the presence of any scrutineers who may be present, draw lots to\ndetermine the order in which the candidates are taken to have been\nelected.\n15 Order of transfer\n(1) Subject to subclauses (2) to (4), if after any count or transfer under\nthis Schedule, 2 or more candidates each has a surplus, the order\nof any transfers of those surpluses must be:\n(a) in accordance with the relative sizes of the surpluses; and\n(b) on the basis that the surplus of the candidate having the\nlargest surplus is to be transferred first.\n(2) Subject to subclause (4), if after any count or transfer under this\nSchedule, 2 or more candidates have equal surpluses, the order of\nany transfers of those surpluses must be:\n(a) in accordance with the relative numbers of votes of those\ncandidates at the last count or transfer at which each of those\ncandidates had a different number of votes; and\n(b) on the basis that the surplus of the candidate with the largest\nnumber of votes at that count or transfer is to be transferred\nfirst.\n\nLocal Government (Electoral) Regulations 2021 61\n(3) However, if there has been no such count or transfer, the\nauthorised officer must, in the presence of any scrutineers who may\nbe present, draw lots to determine the order in which the surpluses\nare to be dealt with.\n(4) If a candidate obtains a surplus after any count or transfer under\nthis Schedule, the surplus must not be transferred before the\ntransfer of any surplus obtained by any other candidate on an\nearlier count or transfer.\n16 Order of exclusion\n(1) If the candidate who has the fewest votes is required to be\nexcluded and there are 2 or more candidates each having the\nfewest votes, whichever of those candidates had the fewest votes\nat the last count or transfer at which each of those candidates had a\ndifferent number of votes will be excluded.\n(2) Despite subclause (2), if there has been no count or transfer, the\nauthorised officer must, in the presence of any scrutineers who may\nbe present, draw lots to determine which candidate will be\nexcluded.\n17 Setting aside of ballot papers\n(1) If the total number of votes of an elected candidate is equal to the\nquota, the ballot papers expressing those votes must be set aside\nas finally dealt with.\n(2) In subclause (1):\nballot papers include:\n(a) ballot papers expressing first preference votes received by the\ncandidate; and\n(b) ballot papers obtained by the candidate on transfers under this\nSchedule.\n18 Death of candidate\nIf a candidate dies before the end of election day in relation to an\nelection that does not fail:\n(a) a vote indicated on a ballot paper opposite the name or names\nof the candidate must be counted to the candidate next in the\norder of the voter's preference; and\n\nLocal Government (Electoral) Regulations 2021 62\n(b) the numbers indicating subsequent preferences are taken to\nhave been altered accordingly.\nNote for clause 18\nSee regulation 69.\n\n","sortOrder":94},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Infringement notice offences and prescribed amounts","content":"Schedule 2 Infringement notice offences and prescribed amounts\nLocal Government (Electoral) Regulations 2021 63\nSchedule 2 Infringement notice offences and prescribed\namounts\nregulation 78\nInfringement notice offence Prescribed amount\nAn offence against section 142(3) of the Act $25.00\nAn offence against section 164(1) or (3) of\nthe Act\n$100.00\nAn offence against regulation 55, 74(1)\nor (2), 75, 76(1) or (2) or 77(1), (2) or (3) of\nthese Regulations\n$100.00\n\nLocal Government (Electoral) Regulations 2021 64\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Government (Electoral) Regulations 2021 (SL No. 11, 2021)\nNotified 30 June 2021\nCommenced 1 July 2021 (r 2, s 2 Local Government Act 2019 (Act No. 39,\n2019) and Gaz S27, 30 June 2021)\nLocal Government (Electoral) Amendment Regulations 2025 (SL No. 8, 2025)\nDate made 26 June 2025\nCommenced 27 June 2025 (r 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\nr 7 amd No. 8, 2025, r 4\nr 9 amd No. 8, 2025, r 6\nr 12 amd No. 8, 2025, r 6\nr 63 amd Act No. 3, 2026, s 38\nr 65 amd No. 8, 2025, r 5\nsch 1 amd No. 8, 2025, r 6","sortOrder":95}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the scope has changed from the original intent. The regulations appear to be a reprint or update (Reprint No: REPL018R23) of the existing 2021 framework, maintaining the same core purpose of governing NT local government elections. The split administrative responsibility between the Department and Electoral Commission appears to be a continuation of existing arrangements rather than a new expansion."},"complexity_factors":["Split administrative responsibility between two government bodies (Department and Electoral Commission), which can create coordination challenges","Regulations amend or sit within a 2021 principal instrument despite being made in 2025, requiring cross-referencing to understand the full picture","Electoral law involves precise procedural requirements where small errors can have significant legal consequences","The deferred commencement date (February 2026) means practitioners must track when different rules apply","Local government electoral law intersects with broader NT electoral legislation, requiring familiarity with multiple instruments"],"plain_english_summary":"The Local Government (Electoral) Regulations 2021 set the detailed rules for running local council elections across the Northern Territory — who can vote, how candidates nominate, how ballots are cast and counted, and how disputes are resolved. They affect NT voters, candidates, councils, the NT Electoral Commission and the Department of Housing, Local Government and Community Development.\n\nUpdated in 2025, the Regulations take effect 10 February 2026 and split operational responsibility between the Department and the Electoral Commission."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Endnotes record amendments in 2025–2026 to regulations 7, 9, 12, 63, 65 and Schedule 1. Those amendments alter nomination/name/display rules and related rejection criteria (r7, r9), ballot-paper content and photo requirements (r12), and aspects of scrutiny/acceptance and counting procedures (r63, r65, Sch 1). The changes therefore adjust procedural scope around candidate identification, ballot presentation and vote processing."},"complexity_factors":["Multiple voting streams and procedures (ordinary, declaration, optional and mandatory postal, mobile) with distinct timelines and rules","Detailed nomination and ballot-paper formalities (name display options, photos, declarations) that create administrative checks (r7, r12)","Extensive scrutiny and counting regime modelled on transferable-vote rules (Schedule 1) with transfers, quotas and recount mechanisms","High record-keeping and public‑inspection requirements for postal applications and candidate materials (rr29, 30, 40, 41)","Delegation and discretion vested in returning officers and authorised officers (r5, r13, r44, r86) requiring judgement calls","Interaction and cross-reference with Commonwealth Electoral Act identity/enrolment provisions (r23(2), r63(4))","Offences, infringement notices and prescribed penalties across many operational breaches (Part 5, Part 6)","Contingency rules for adjournments, vacancies, deaths of candidates and failed elections (rr54, 72–73, Sch 1, r69)","Approval and use of electronic/automated systems subject to security and secrecy conditions (r86)"],"plain_english_summary":"These Regulations set the detailed procedures for Northern Territory local government elections: nominations, ballot-paper form, voting methods (in‑person, declaration, postal, mobile), scrutiny and counting, offences, and administrative duties. They assign responsibilities to returning officers and the Electoral Commissioner and set timelines, approved forms and record‑keeping.\n\nThey affect candidates, electors, authorised officers and councils; councils must pay election costs when the Electoral Commissioner is the returning officer (r87). They impose compliance steps (e.g. nomination requirements and candidate photos (r7)), grant administrative discretion (r5, r86) and prescribe penalties for breaches (r74–77)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2184},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of establishing detailed administrative procedures for conducting local government elections in the Northern Territory. The amendments noted in the endnotes (2025 and 2026) appear to be minor technical or procedural updates rather than expansions into new substantive areas."},"complexity_factors":["Schedule 1 contains a mathematical single transferable vote counting system involving quotas, transfer values, and surplus redistribution formulas","20+ defined terms in the interpretation section (regulation 3) including specific distinctions between 'election day voting centre', 'early voting centre', and 'mobile voting centre'","Four distinct voting methods (ordinary, declaration, optional postal, and mandatory postal) each with separate procedural divisions and specific timing triggers","Extensive cross-referencing to the Local Government Act 2019 and the Commonwealth Electoral Act 1918 (Cth) for enrolment and identity verification matters","Nested conditional logic for issuing postal voting papers based on timing cut-offs (e.g., '6 pm on the 4th day before election day') and geographical location (inside vs outside Australia)","Complex administrative requirements including approved forms, photographs, candidate statements (with word limits and content restrictions), and declarations","Exception handling for multiple scenarios: death of candidates (regulation 69 and Schedule 1 clause 18), spoiled ballot papers, adjournments due to emergencies, and replacement postal papers"],"plain_english_summary":"These regulations set out the rulebook for how local council elections work in the Northern Territory—from putting your hand up as a candidate to counting the final votes.\n\n**What it covers:**\n\n*   **Running for council:** If you want to be a councillor or mayor (called the \"principal member\"), you must fill out a nomination form, provide a recent photo, get someone enrolled in the area to sign your form, and declare you are eligible. You can choose how your name appears on the ballot (within reason—no obscene or fake names).\n\n*   **Who can vote:** Generally, anyone enrolled in the local government area can vote. If your name isn’t on the roll when it closes, you might still be able to cast a \"declaration vote\" by signing a statutory declaration (a formal legal statement) that you are entitled to vote.\n\n*   **How to vote:**\n    *   **Ordinary voting:** Vote in person at a voting centre on election day or at an early voting centre. You must number all candidates in order of preference (1 for your favourite, 2 for next, etc.).\n    *   **Postal voting:** You can apply to vote by mail if you can’t get to a polling place. There are special rules for areas declared as \"mandatory postal vote elections\" where everyone votes by mail.\n    *   **Mobile voting:** For remote communities or people who can’t easily reach a voting centre, authorised officers can bring a mobile voting centre to you.\n    *   **Assistance:** If you have a disability, illness, or are pregnant and can’t enter the booth, you can vote outside with help, or have someone assist you inside the booth.\n\n*   **Counting the votes:** The system used is **preferential voting** (also called single transferable vote). To win, a candidate needs to reach a \"quota\" (a specific number of votes calculated based on total votes and positions available). If a candidate gets more votes than needed (a \"surplus\"), the extra votes are transferred to other candidates according to voters’ preferences. If no one reaches the quota, the candidate with the fewest votes is eliminated and their votes are redistributed. This continues until all positions are filled.\n\n*   **Watching the process:** Candidates can appoint **scrutineers** (official representatives) to watch voting and counting to make sure everything is above board.\n\n*   **Rules and penalties:** It is an offence to interfere with ballot papers, vote twice, forge signatures, or canvas for votes within 10 metres of a voting centre. Employers must give staff up to two hours off to vote without penalty. Fines apply for breaking these rules, and some minor offences can be handled via infringement notices (on-the-spot fines)."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-electoral-regulations-2021","history":"/api/acts/local-government-electoral-regulations-2021/history","analysis":"/api/acts/local-government-electoral-regulations-2021/analysis","conflicts":"/api/acts/local-government-electoral-regulations-2021/conflicts","importantCases":"/api/acts/local-government-electoral-regulations-2021/important-cases","documents":"/api/acts/local-government-electoral-regulations-2021/documents"}}