{"id":"nsw:act-1903-009","name":"Senators’ Elections Act 1903","slug":"senators-elections-act-1903","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"9 of 1903","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112039,"registerId":"nsw-act-1903-009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Senators’ Elections Act 1903](/view/html/inforce/current/act-1903-009).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":null,"content":"#### 2\n\n2 (Repealed)","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Power to fix dates for election and place of nomination","content":"#### 3 Power to fix dates for election and place of nomination\n\n3 Power to fix dates for election and place of nomination\n\n> For the purpose of elections of Senators for New South Wales of the Parliament of the Commonwealth, the Governor may, from time to time, by order published in the Gazette, fix the dates for:\n> \n> > the issue of the writ,\n> \n> > the close of the electoral rolls,\n> \n> > the nomination of the candidates,\n> \n> > the polling, and\n> \n> > the return of the writ.\n> \n> **s 3:** Am 1984 No 112, Sch 1 (1).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4 (Repealed)","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Date of nomination","content":"#### 4A Date of nomination\n\n4A Date of nomination\n\n> > (1) Subject to subsection (2), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.\n> \n> > (2) Where a candidate for an election dies, after being nominated and before 12 o’clock noon on the day fixed as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of section 4B, be taken to be the day next succeeding the day so fixed.\n> \n> **s 4A:** Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 \\[1\\].","sortOrder":6},{"sectionNumber":"4B","sectionType":"section","heading":"Date of polling","content":"#### 4B Date of polling\n\n4B Date of polling\n\n> The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination.\n> \n> **s 4B:** Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 \\[2\\].","sortOrder":7},{"sectionNumber":"4C","sectionType":"section","heading":"Polling to be on a Saturday","content":"#### 4C Polling to be on a Saturday\n\n4C Polling to be on a Saturday\n\n> The day fixed for the polling shall be a Saturday.\n> \n> **s 4C:** Ins 1984 No 112, Sch 1 (2).","sortOrder":8},{"sectionNumber":"4D","sectionType":"section","heading":"Date of return of writ","content":"#### 4D Date of return of writ\n\n4D Date of return of writ\n\n> The date fixed for the return of the writ shall not be more than 100 days after the issue of the writ.\n> \n> **s 4D:** Ins 1984 No 112, Sch 1 (2). Am 1988 No 92, Sch 19 (1).","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Writs","content":"#### 5 Writs\n\n5 Writs\n\n> > (1) The writ shall specify the date for:\n> > \n> > > (a) the close of the electoral rolls,\n> > \n> > > (b) the nomination,\n> > \n> > > (c) the polling, and\n> > \n> > > (d) the return of the writ.\n> \n> > (2) The writ shall be deemed to have been issued at the hour of 6 o’clock in the afternoon of the day on which the writ was issued.\n> \n> **s 5:** Subst 1984 No 112, Sch 1 (2).","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Time for nomination","content":"#### 6 Time for nomination\n\n6 Time for nomination\n\n> Nomination may be made at any time after the issue of the writ but before twelve o’clock noon on the day of nomination.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Polling places","content":"#### 7 Polling places\n\n7 Polling places\n\n> The polling shall be taken at all polling places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Hours of polling","content":"#### 8 Hours of polling\n\n8 Hours of polling\n\n> The poll shall be open at 8 o’clock in the morning, and shall not close until all electors in the polling booth at 6 o’clock in the afternoon and desiring to vote have voted.\n> \n> **s 8:** Am 1912 No 75, sec 4; 1984 No 112, Sch 1 (3).","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Power to extend time and make provision to meet difficulties","content":"#### 9 Power to extend time and make provision to meet difficulties\n\n9 Power to extend time and make provision to meet difficulties\n\n> > (1) Notwithstanding any other provision of this Act, before or after the day appointed for the polling the Governor may, by notice published in the Gazette, provide for extending the time for holding the election or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provision so made shall be valid and sufficient and any date provided for in lieu of a date specified by the writ shall be deemed to be the date so specified.\n> \n> > (2) (Repealed)\n> \n> **s 9:** Am 1984 No 112, Sch 1 (4); 1988 No 92, Sch 19 (2).","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Place of nomination","content":"#### 10 Place of nomination\n\n10 Place of nomination\n\n> The office of the Australian Electoral Officer for the State shall be the place of nomination for the election.\n> \n> **s 10:** Ins 1984 No 112, Sch 1 (5).","sortOrder":15}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s scope has been narrowed and modernised through amendments: several timing and procedural provisions were inserted (notably ss 4A–4D and 4C, Ins 1984 No 112) and other provisions repealed. The present text focuses on scheduling mechanics for NSW Senate elections, adding explicit nomination/polling windows, a Saturday polling rule and an extension power (s 9), reflecting changes to how elections are organised since the original 1903 enactment."},"complexity_factors":["Governor discretion to fix dates and publish orders in the Gazette (s 3) and power to extend times to meet difficulties (s 9)","Multiple interlocking time limits for nomination (s 4A), polling (s 4B), and return of the writ (s 4D)","Special rule when a nominated candidate dies shifting the nomination day (s 4A(2))","Mandatory Saturday polling (s 4C) and specified polling hours with finish rule for voters in booths (s 8)","Writ formalities including specification of dates and deemed issue time (s 5(1)–(2))","Cross-reference to Commonwealth law for appointing polling places (s 7), creating dependency on external rules","Place of nomination specified as the Australian Electoral Officer’s office (s 10), concentrating administrative control","Historical amendments and repeals referenced in the text (ins. and rep. notes) add interpretive complexity"],"plain_english_summary":"This Act sets the procedural timetable and places for Senate elections in New South Wales. It gives the Governor the power to fix key dates (writ, roll close, nomination, polling and return), sets nomination and polling windows (including a rule if a nominated candidate dies), requires Saturday polling and fixed polling hours, and makes the Australian Electoral Officer’s office the place of nomination.\n\nIt affects electors, candidates and electoral officers: the Governor decides the schedule, candidates and voters must meet the statutory time limits, and electoral officers run nominations and polling under those constraints."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1903 Act likely covered broader arrangements for Senate elections. The current version has been heavily stripped back through repeals (sections 2 and 4 repealed; section 9(2) repealed). The 1984 amendments inserted a detailed timeline framework (sections 4A-4D) that wasn't in the original Act, and section 10 was added in 1984 to specify the nomination place. The Act has narrowed to focus specifically on date-fixing powers and procedural mechanics for NSW Senate elections, with other matters now presumably covered by the Commonwealth Electoral Act 1918."},"complexity_factors":["Short statute with only 10 operative sections (several repealed)","Minimal defined terms (no dedicated interpretation section)","Straightforward procedural rules with clear numerical thresholds (10-27 days, 23-31 days, 100 days)","Simple conditional logic limited to one exception in section 4A(2) regarding candidate death","Some amendment history visible in section notes but does not affect current readability","No complex cross-referencing to other Acts (only generic reference to 'law of the Commonwealth for the time being in force')","Clear structure following chronological election process (writ → nomination → polling → return)"],"plain_english_summary":"This law sets the rules for how elections are held to choose Senators for New South Wales in Australia's federal Parliament.\n\n**What it does:**\n- Gives the Governor of New South Wales the power to set key dates for Senate elections by publishing an order in the official government Gazette (a public notice). These dates include:\n  - When the official election document (the **writ**) is issued\n  - When voter registration closes\n  - When candidates must be nominated\n  - When voting happens\n  - When the writ must be returned with the results\n\n- Sets specific time limits:\n  - Candidates must be nominated between 10 and 27 days after the writ is issued\n  - Voting must happen between 23 and 31 days after nominations close\n  - **Voting must be on a Saturday**\n  - The writ must be returned within 100 days of being issued\n\n- Sets practical details:\n  - Voting happens at all polling places set up under federal election laws\n  - Polling booths open at 8am and close at 6pm (though anyone already in line at 6pm can still vote)\n  - Nominations happen at the office of the Australian Electoral Officer for NSW\n  - The writ is officially deemed issued at 6pm on the day it is released\n\n- Includes a safety valve: The Governor can extend deadlines or fix problems that might interfere with the election by publishing a notice in the Gazette.\n\n**Who it affects:**\n- Voters in New South Wales who vote for federal Senators\n- Political parties and candidates running for the Senate in NSW\n- The Australian Electoral Commission (which runs federal elections)\n- The Governor of New South Wales (who sets the dates)\n\n**Why it matters:**\nThis law ensures Senate elections happen in an orderly, predictable way with clear timelines. The requirement that voting be on a Saturday and the specific date ranges create consistency and fairness. The Governor's power to extend deadlines acts as an emergency brake if something goes wrong (like a natural disaster or the death of a candidate)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1903 scope — governing NSW's direct role in managing Senate elections — has almost certainly been significantly reduced in practical effect over time. The Commonwealth Electoral Act and federal electoral machinery have progressively taken over Senate election administration, meaning this state Act likely now covers only a narrow residual area, if anything at all. Its continued existence on the NSW statute books despite minimal amendments since 2000 suggests its real-world scope is now much narrower than originally intended."},"complexity_factors":["Sits at the intersection of state and NSW constitutional law and federal electoral law, which creates interpretive complexity","Over 120 years old — requires understanding of the historical federation context to properly interpret","The substantive provisions of the Act are not reproduced in the provided text, making full analysis impossible","Involves interplay between state (NSW) and Commonwealth governmental responsibilities, which is an inherently complex constitutional area","Has had minimal amendments, suggesting either very narrow scope or that it has been largely superseded by federal law without formal repeal"],"plain_english_summary":"The Senators' Elections Act 1903 (NSW) is a state law setting out how New South Wales handles elections for its representatives to the Australian Senate. It affects NSW voters, officials who administer Senate ballots, and candidates, reflecting an early-federation arrangement where states ran aspects of federal elections.\n\nNotably, the Act is over 120 years old, largely unchanged (current text in force since 2007), and unusually ties state executive responsibility (the NSW Premier) to federal election administration."}},"importantCases":[],"_links":{"self":"/api/acts/senators-elections-act-1903","history":"/api/acts/senators-elections-act-1903/history","analysis":"/api/acts/senators-elections-act-1903/analysis","conflicts":"/api/acts/senators-elections-act-1903/conflicts","importantCases":"/api/acts/senators-elections-act-1903/important-cases","documents":"/api/acts/senators-elections-act-1903/documents"}}