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Electoral Act 1985
Div 2The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner
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Division 2—The powers and functions of the Electoral Commissioner and the Deputy Electoral Commissioner
8—Powers and functions of the Electoral Commissioner
(1) The Electoral Commissioner—
(a) is responsible to the Minister for the administration of this Act;
(b) is responsible for the proper conduct of elections in accordance with this Act;
(c) is responsible for the carrying out of appropriate programmes of publicity and public education in order to ensure that the public is adequately informed of their democratic rights and obligations under this Act;
(d) is empowered—
(i) to conduct and promote research into electoral matters;
(ii) to publish the results of such research and other material on electoral matters.
(1a) The Electoral Commissioner must, where relevant in the carrying out of the Electoral Commissioner's functions under this Act, promote and encourage the casting of votes at a polling booth on polling day.
(2) The Electoral Commissioner—
(a) has the powers and functions conferred on or assigned to him or her under this Act or any other Act; and
(b) may, with the permission of the Minister, carry out any other statutory or non-statutory functions on terms and conditions approved by the Minister.
9—Delegation
(1) The Electoral Commissioner may delegate any of his or her powers or functions under this or any other Act.
(2) A delegation under this section—
(a) may be absolute or conditional; and
(b) does not prevent the Electoral Commissioner from acting personally in any matter; and
(c) is revocable at will.
10—Duties of the Deputy Electoral Commissioner
The Deputy Electoral Commissioner—
(a) must perform such duties as the Electoral Commissioner may direct; and
(b) must, if the office of the Electoral Commissioner is temporarily vacant or the Electoral Commissioner is absent or unavailable to discharge the duties of his or her office, act in the office of the Electoral Commissioner.