Part 1 Preliminary

1 Short title

This Act may be cited as the Electoral Act 2004 .

2 Commencement

This Act commences on a day to be proclaimed.

3 Interpretation

In this Act, unless the contrary intention appears –

approved means approved by the Commission;

Assembly means the House of Assembly of the Parliament of Tasmania;

Assembly by-election means an election to elect a Member in respect of an Assembly division pursuant to a writ issued under section 64 ;

Assembly division means a division, determined in accordance with the Constitution Act 1934 , for the return of Members to represent the electors of that division in the Assembly;

Assembly election means an election to elect Members in respect of an Assembly division and includes an Assembly by-election;

Assembly general election means the elections held or to be held contemporaneously to elect Members in respect of all Assembly divisions pursuant to writs issued under section 63 ;

ballot material means ballot papers, postal vote applications, declaration vote envelopes and postal vote declaration envelopes;

ballot paper means a ballot paper prepared under section 96 or 101 ;

ballot paper name means –

(a) in respect of a registered party, the name appearing in the party register in accordance with section 52(2)(b) ; and

(b) in respect of a candidate, the name referred to in section 80 ;

candidate means a person who has been publicly announced as a candidate under section 87 ;

candidate roll means the candidate roll prepared under section 39 ;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] carriage service provider has the same meaning as in the Telecommunications Act 1997 of the Commonwealth;

close of poll means 6 p.m. on polling day;

close of roll in relation to an election, means 6 p.m. on the day of issue of the writ for the holding of that election;

Commission means the Tasmanian Electoral Commission established under section 6 ;

Commissioner means the Electoral Commissioner appointed under section 14 ;

Commonwealth Act means the Commonwealth Electoral Act 1918 of the Commonwealth;

Commonwealth roll means the roll of the electors for the State of Tasmania required by section 81 of the Commonwealth Act;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] communicate, in relation to electoral matter, means print, publish, display, distribute, produce, or broadcast, the electoral matter, by any means, including electronically, by social media or by the internet, by electronic phone or by a communication sent to an electronic address at which the communication may be available to a person;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] constitutional documents, in relation to a party, means the written set of principles and rules (however described) under which the party is governed;

corrupt practice means an offence that is a crime by virtue of this Act;

Council means the Legislative Council of the Parliament of Tasmania;

Council by-election means an election to elect a Member in respect of a Council division pursuant to a writ issued under section 66 ;

Council division means a division, determined in accordance with the Constitution Act 1934 , for the return of a member to represent the electors of that division in the Council;

Council election means an election to elect a Member in respect of a Council division and includes a Council by-election;

Council periodic election means an election held or to be held to elect a Member in respect of a Council division pursuant to a writ issued under section 65 ;

declaration vote means a vote marked on a ballot paper issued under section 118 ;

declaration vote envelope means a declaration vote envelope referred to in section 118 ;

deputy registered officer means a person whose name appears in the party register as the deputy registered officer of a party;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] disclosure entity, in relation to electoral matter, means a person, or entity, who or that –

(a) is a candidate in relation to an election to which the electoral matter relates; or

(b) is a registered party; or

(c) is a Member; or

(d) is a significant political donor, within the meaning of the Electoral Disclosure and Funding Act 2023 , in relation to an election to which the electoral matter relates; or

(e) is an associated entity, within the meaning of the Electoral Disclosure and Funding Act 2023 ; or

(f) is a third-party campaigner, within the meaning of the Electoral Disclosure and Funding Act 2023 , in relation to an election to which the electoral matter relates; or

(g) was a candidate in –

(i) an Assembly election in the previous 5 years; or

(ii) a Council election in the previous 7 years;

division means an Assembly division or a Council division;

division roll means a division roll prepared and kept under section 37 ;

election means an Assembly election or a Council election;

election agent means a person appointed under section 158 ;

election expenditure has the meaning given by section 5 ;

election official means a person appointed under section 26 ;

election roll means the election roll prepared under section 39 ;

elector means a person whose name appears on a roll;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024]

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] electoral matter – see section 4 ;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] entity means –

(a) an incorporated or unincorporated body; or

(b) the trustee of a trust;

existing party means a registered party or a registered political party, within the meaning of the Commonwealth Act;

[Section 3 Amended by No. 37 of 2023, s. 186, Applied:01 Jul 2025]

first preference, in relation to a vote recorded for a candidate at an election, means the recording of the number "1" in the box next to the candidate's name on a ballot paper used at the election;

functions includes duties;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] how to vote card means a card, handbill or pamphlet (or an electronic document or electronic representation of a card, handbill or pamphlet) –

(a) that –

(i) is, or includes, a representation of a ballot paper, or part of a ballot paper, for an election or is apparently intended to represent a ballot paper, or part of a ballot paper, for an election; and

(ii) is apparently intended to affect, or is likely to affect, how votes are cast for any or all of the candidates in the election; or

(b) that lists the names of 2 or more of the candidates or registered parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or

(c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet that only relates to first preference votes or that only relates to last preference votes;

illegal practice means an offence under this Act that is not a corrupt practice or an offence under section 181 , and includes aiding, abetting or instigating the commission of, and attempting or conspiring to commit, such an offence;

informal ballot paper means a ballot paper which is informal as specified in section 103 ;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] inspector means a person who is, under section 200D , an inspector;

intending candidate means a person who has publicly declared his or her intention to seek election as a Member;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] listed carriage service has the same meaning as in section 16 of the Telecommunications Act 1997 of the Commonwealth;

Member means a Member of the Council or the Assembly;

mobile polling place means a place referred to in section 92(3) ;

nomination day, in relation to an election, means the day fixed under section 67(1) or section 73(1)(a) on or before which candidates for election are to be nominated;

nomination form means a form referred to in section 77 ;

ordinary polling place means a place referred to in section 92(1) ;

party means a group of persons, whether incorporated or not, that exists for political purposes and includes any branch in Tasmania of such a group that is established outside Tasmania;

party name means the name appearing in the party register in accordance with section 52(2)(a) ;

party register means the register maintained by the Commission pursuant to section 52 ;

party secretary means the secretary or, if there is no position of secretary, the chief administrative officer (however described) of a party;

polling day, in relation to an election, means the day fixed or specified under section 67(1)(b) on which polling for that election is to be held in the event of the election being contested;

polling place means a place referred to in section 91 ;

postal vote means a vote marked on a ballot paper issued under section 128 ;

postal vote declaration envelope means a postal vote declaration envelope referred to in section 128 ;

pre-poll polling place means a place referred to in section 92(2) ;

prisoner means a person who is serving a sentence of imprisonment for an offence against a law of the State, another State, a Territory or the Commonwealth;

public body name means the name, or an abbreviation or acronym of the name, of a prominent corporation or organisation;

publish means publish by any means including by publication on the internet;

registered member means a person whose name appears in the party register as a registered member of a party;

registered officer means a person whose name appears in the party register as the registered officer of a party;

registered party means a party, the name of which appears in the party register as a registered party;

returning officer means a person appointed under section 24 or 25 ;

roll means the State roll, a division roll or an election roll;

scrutineer means a person appointed under section 104 ;

[Section 3 Amended by No. 38 of 2023, s. 7, Applied:01 Jul 2024] social media means internet-based, or mobile broadcasting-based, technology or applications, if –

(a) the sole or primary purpose of the technology or application is to enable social interaction between 2 or more end-users; and

(b) the technology or application allows end-users to link to, or interact with, some or all of the other end-users; and

(c) the technology or application is a means by which a person may create and share content generated by the person –

and includes technology or applications known as internet forums, blogs, wikis, text messaging and online or mobile broadcasting social networks;

State roll means the State roll prepared and kept under section 30 ;

voting screen means a compartment in which a person may mark a ballot paper without any other person seeing how the ballot paper is marked.

4 Electoral matter

[Section 4 Subsection (2) amended by No. 47 of 2012, s. 4, Applied:11 Feb 2013] [Section 4 Subsection (2) amended by No. 47 of 2012, s. 4, Applied:11 Feb 2013] [Section 4 Subsection (2) amended by No. 47 of 2012, s. 4, Applied:11 Feb 2013] [Section 4 Subsection (2) amended by No. 47 of 2012, s. 4, Applied:11 Feb 2013] [Section 4 Subsection (2) amended by No. 47 of 2012, s. 4, Applied:11 Feb 2013] [Section 4 Substituted by No. 38 of 2023, s. 8, Applied:01 Jul 2024]

(1)  In this section –

group means a group of candidates, each of whom has, under section 77(4) , nominated to appear on an Assembly ballot paper in a group that is not under a heading of the ballot paper name of a registered party;

official of a registered industrial organisation means –

(a) a person who holds a relevant office in a Tasmanian industrial organisation; and

(b) a person who holds an office, within the meaning of the Fair Work Act 2009 of the Commonwealth, in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;

political entity means –

(a) a party or a registered party; and

(b) a candidate, intending candidate or member of a group;

public official means –

(a) the Governor; and

(b) a Minister or a parliamentary secretary; and

(c) a Member; and

(d) a State Service officer or State Service employee; and

(e) a police officer; and

(f) a natural person (other than an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the person by or under a law of the State; and

(g) a judge, justice or magistrate; and

(h) a registrar, or other officer, of a court;

relevant office, in relation to a Tasmanian industrial organisation, means –

(a) the office of president, vice president, secretary or assistant secretary of the organisation; and

(b) the office of a voting member of a collective body of the organisation, being a collective body that has power in relation to any of the following functions:

(i) the management of the affairs of the organisation;

(ii) the determination of policy for the organisation;

(iii) the making, alteration or rescission of rules of the organisation;

(iv) the enforcement of rules of the organisation or the performance of functions in relation to the enforcement of such rules; and

(c) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(i) and (iv) , other than an office, the holder of which participates in any of those functions only in accordance with directions given by a collective body, or another person, for the purpose of implementing existing policy of the organisation or decisions concerning the organisation; and

(d) an office, the holder of which is, under the rules of the organisation, entitled to participate directly in any of the functions referred to in paragraph (b)(ii) or (iii) ; and

(e) the office of a person holding, whether as trustee or otherwise, property of the organisation or property in which the organisation has a beneficial interest;

Tasmanian industrial organisation means an organisation registered under Part V of the Industrial Relations Act 1984 .

(2)  For the purposes of this Act –

electoral matter means matter communicated, or intended to be communicated, for the dominant purpose of influencing the way electors vote in an election, including by promoting or opposing a political entity or a Member.

(3)  For the avoidance of doubt, a matter may only have one dominant purpose for the purposes of the definition of electoral matter in subsection (2) .

(4)  For the purposes of the definition of electoral matter in subsection (2) , each creation, re-creation, communication or re-communication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.

(5)  Without limiting subsection (2) , communication, or intended communication, for the purpose of educating an audience on, or encouraging debate on, an issue of public policy –

(a) is, unless the contrary is proved, presumed to be the dominant purpose, of the communication or intended communication, for the purposes of the definition of electoral matter in subsection (2) ; and

(b) is not, unless the contrary is proved, taken to be for the purpose of influencing the way electors vote in an election as specified in the definition of electoral matter in subsection (2) .

(6)  Without limiting subsection (2) , the dominant purpose of a communication, or intended communication, of matter that expressly promotes or opposes a political entity or a Member is presumed to be the purpose referred to in the definition of electoral matter in subsection (2) , unless the contrary is proved.

(7)  Without limiting subsection (2) , the following matters must be taken into account in determining the dominant purpose of the communication, or intended communication, of matter:

(a) whether the communication, or intended communication, is or would be to the public or a section of the public;

(b) whether the communication, or intended communication, is or would be by, or on behalf of, a disclosure entity;

(c) whether the communication, or intended communication, contains an express or implied comment on a political entity or a Member;

(d) whether the communication, or intended communication, is or would be received by electors near a polling place;

(e) how soon an election is to be held after the creation or communication of the matter;

(f) whether the communication, or intended communication, is or would be unsolicited.

(8)  Despite subsections (2) and (6) , matter is not electoral matter if the communication, or intended communication –

(a) is the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or

(b) is, or would be, by a person for a dominant purpose that is satirical, academic or artistic, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or

(c) is, or would be, a private communication by a person to another person who is known to the first person; or

(d) is, or would be, by or to a person who is a public official, in that person’s capacity as such an official; or

(e) is, or would be, a private communication, to a political entity that is not a public official, in relation to public policy or public administration; or

(f) occurs, or would occur, in the Assembly or Council or is or would be to a parliamentary committee.

5.

[Section 5 Repealed by No. 37 of 2023, s. 187, Applied:01 Jul 2025]

Part 2 Administration

Division 1 Tasmanian Electoral Commission

6 Establishment

The Tasmanian Electoral Commission is established.

7 Constitution

The Tasmanian Electoral Commission consists of –

(a) the Commissioner; and

(b) two other members.

8 Members

(1)  The members of the Commission referred to in section 7(b) are appointed by the Governor.

(2)  Before a person is appointed as a member of the Commission, the Minister is to consult –

(a) the Parliamentary leader of each party represented in the Assembly; and

(b) the President of the Council.

(3)  A person is not eligible to be appointed as a member of the Commission referred to in section 7(b) if that person is, or has been in the period of 5 years immediately preceding the date on which it is proposed to appoint that person –

(a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or

(b) a member of a party that is registered under this Act or under an Act of the Commonwealth or another State or a Territory as a political party or a member of a similar organisation.

(4)  The Governor may appoint a member of the Commission, other than the Commissioner, to be chairperson of the Commission.

(5)  Schedule 1 has effect with respect to membership of the Commission.

(6)  Schedule 2 has effect with respect to meetings of the Commission.

9 Functions and powers of Commission

(1)  In addition to the functions conferred on it by any other provisions of this Act or any other Act, the Commission has the following functions:

(a) to advise the Minister on matters relating to elections;

(b) to consider and report to the Minister on matters referred to it by the Minister;

(c) to promote public awareness of electoral and parliamentary topics by means of educational and information programs and by other means;

(d) to provide information and advice on electoral issues to the Parliament, the Government, Government departments and State authorities, within the meaning of the State Service Act 2000 ;

(e) to publish material on matters relating to its functions;

(f) to investigate and prosecute illegal practices under this Act.

(2)  The Commission may do all things necessary or convenient to be done, including employing persons, for or in connection with or incidental to the performance of its functions.

(3)  Without limiting subsection (2) and in addition to any power conferred on the Commission by any other provision of this Act or any other Act, the Commission, in addition to conducting Assembly elections or Council elections, may conduct ballots or elections for a person or organisation and may charge fees for that service.

10 Commission not subject to direction or control

The Commission is not subject to the direction or control of the Minister in respect of the performance or exercise of its functions or powers.

11 Delegation

The Commission may, by resolution, delegate to a member of the Commission, a returning officer, an election official, a member of the staff of the Commission or any other person all or any of its functions or powers under this Act or any other Act, other than this power of delegation.

12 Proceedings by or against Commission

The Commission may institute or be a party to proceedings under this or any other Act.

13 Annual and other reports

The Commission, as soon as practicable after 30 June in each year, is to lay before each House of Parliament a report on the performance of its functions and the exercise of its powers during the period of 12 months ending on that date and may, at any time, lay before each House of Parliament a report on any matter arising in connection with the performance of its functions or exercise of its powers.

Division 2 Electoral Commissioner

14 Appointment of Commissioner

(1)  The Governor may appoint a person to be Electoral Commissioner.

(2)  Before a person is appointed as Electoral Commissioner, the Minister is to consult –

(a) the Parliamentary leader of each party represented in the Assembly; and

(b) the President of the Council.

(3)  A person is not eligible to be appointed as Electoral Commissioner if the person is, or has been in the period of 5 years immediately preceding the date on which it is proposed to appoint that person –

(a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or

(b) a member of a party that is registered under this Act or under an Act of the Commonwealth or another State or a Territory as a political party or a member of a similar organisation.

15 Functions and powers

(1)  The Commissioner is to be the chief executive officer of the Commission.

(2)  In addition to the functions and powers imposed or conferred under this Act, the Commissioner has such other functions and powers as are imposed or conferred on the Commissioner by or under any other Act.

(3)  The Commissioner may give written direction to election officials and members of the staff of the Commission with respect to the performance of their functions and the exercise of their powers under this Act.

16 Delegation

The Commissioner may, in writing, delegate to a returning officer, an election official or member of the staff of the Commission all or any of the Commissioner's functions or powers under this Act or any other Act, other than this power of delegation.

17 Tenure and conditions

(1)  The Commissioner holds office for the period (not exceeding 7 years) specified in his or her instrument of appointment.

(2)  The Commissioner holds office on such terms and conditions in relation to matters not provided for by this Act as are specified in his or her instrument of appointment.

(3)  The Commissioner is eligible for reappointment.

(4)  The Commissioner may hold any other office that is compatible with the performance of his or her functions as Commissioner.

18 Remuneration

(1)  The Commissioner is to be paid such remuneration and allowances as are specified in the instrument of appointment.

(2)  [Section 18 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Remuneration payable under this section is to be paid from the Public Account without further appropriation than this section.

19 Leave of absence

The Governor may grant the Commissioner leave of absence on such terms and conditions as the Governor determines.

20 Resignation

The Commissioner may resign office by written notice given to the Governor.

21 Suspension or removal of Commissioner

(1)  The Commissioner may, at any time, be removed from office by the Governor on addresses from both Houses of Parliament.

(2)  The Governor may suspend the Commissioner from office if the Governor is satisfied that the Commissioner –

(a) is incapable of properly performing the functions of Commissioner; or

(b) has shown himself or herself incompetent to properly perform those functions or has neglected to properly perform those functions; or

(c) has been absent without leave granted under section 19 from 3 consecutive meetings of the Commission; or

(d) is or has become bankrupt or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration or estate for their benefit; or

(e) has been convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term exceeding 12 months; or

(f) has contravened clause 8 of Schedule 2 ; or

(g) has been guilty of misconduct.

(3)  If the Commissioner has been suspended from office under subsection (2) , the Commissioner is to be restored to office unless –

(a) a statement of the grounds of the Commissioner's suspension is laid before each House of Parliament during the first 7 sitting-days of the House following the suspension; and

(b) each House of Parliament, during the session of the House in which the statement is so laid, and within 30 sitting-days of the statement being so laid, passes an address requesting the removal of the Commissioner from office.

22 Supplementary provisions relating to Commissioner

(1)  [Section 22 Subsection (1) amended by No. 54 of 2016, s. 21, Applied:31 Mar 2017] The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 and the Long Service Leave (State Employees) Act 1994 .

(2)  If an employee, within the meaning of the State Service Act 2000 , is appointed to the office of Commissioner, that employee is entitled to retain all the employee's existing and accruing rights as if the employee's service in that office were a continuation of his or her service as an employee within the meaning of that Act.

(3)  Where a person ceases to hold the office of Commissioner and becomes a State Service officer or State Service employee, that person's service in that office is to be regarded as service in the State Service for the purpose of determining his or her rights as an employee, within the meaning of that Act.

23 Deputy Commissioner

(1)  The Governor may appoint a person employed under the State Service Act 2000 to be Deputy Electoral Commissioner.

(2)  If the Commissioner is unable, for any period, to perform or exercise the functions or powers of the Commissioner, the Deputy Electoral Commissioner may perform those functions or exercise those powers during that period.

(3)  All acts and things done or omitted to be done by the Deputy Electoral Commissioner pursuant to subsection (2) are as valid, and have the same consequences, as if they had been done or omitted to be done by the Commissioner.

Division 3 Returning officers and election officials

24 Returning officers

(1)  The Commission is to appoint a returning officer for each division.

(2)  Subject to and in accordance with any directions given by the Commission, the returning officer is responsible for conducting every election in the division for which he or she is appointed.

(3)  The functions and powers of a returning officer appointed under subsection (1) are –

(a) the functions and powers specified by or under this Act in respect of a returning officer or an election official; and

(b) any other functions and powers not inconsistent with this Act as may be specified by the Commission.

(4)  The Commission may require any person appointed under this section to sign an approved declaration with respect to the performance or exercise of his or her functions or powers.

(5)  A person holding office as a returning officer is not subject to the State Service Act 2000 .

(6)  A State Service officer or State Service employee may hold office as a returning officer in conjunction with his or her employment in the State Service.

25 Acting returning officer

(1)  If a returning officer is unable, for any period, to perform or exercise the functions or powers of that office, the Commission may appoint a person to act as returning officer for that period.

(2)  A person appointed under subsection (1) , while acting as returning officer, is to perform or exercise the functions or powers of that office.

(3)  A person holding office as an acting returning officer is not subject to the State Service Act 2000 .

(4)  A State Service officer or State Service employee may hold office as an acting returning officer in conjunction with his or her employment in the State Service.

25A Delegation by returning officer

[Section 25A Inserted by No. 5 of 2019, s. 4, Applied:18 Apr 2019] A returning officer may, by instrument in writing, delegate to any election official any of the returning officer's functions or powers that are –

(a) specified in Division 11 or 12 of Part 5; or

(b) set out in procedures approved by the Commission under Division 10 of Part 5 .

26 Election officials

(1)  The Commission or a returning officer may appoint appropriate persons to be election officials for Assembly or Council elections or any other ballots or elections conducted by the Commission.

(2)  The functions and powers of an election official appointed under this section are –

(a) the functions and powers specified by or under this Act in respect of an election official; and

(b) any other functions and powers not inconsistent with this Act as may be specified by the Commission.

(3)  The Commission may require any person appointed under this section to sign an approved declaration with respect to the performance or exercise of his or her functions or powers.

(4)  A person holding office as an election official is not subject to the State Service Act 2000 .

(5)  A State Service officer or State Service employee may hold office as an election official in conjunction with his or her employment in the State Service.

27 Conditions of employment

(1)  A returning officer or an election official is entitled to be paid the remuneration and allowances determined by the Commission.

(2)  The terms and conditions of employment of a returning officer or an election official are to be such as may be determined by the Commission.

28 Returning officer or election official to cease to hold office on becoming a candidate

(1)  [Section 28 Subsection (1) amended by No. 47 of 2012, s. 5, Applied:11 Feb 2013] If at any time a person who holds office as a returning officer or an election official becomes an intending candidate or is nominated as a candidate, that person, by operation of this section, ceases to hold that office, unless he or she is a person to whom section 2(1) of the Constitution (State Employees) Act 1944 applies.

(2)  [Section 28 Subsection (2) amended by No. 47 of 2012, s. 5, Applied:11 Feb 2013] [Section 28 Subsection (2) amended by No. 47 of 2012, s. 5, Applied:11 Feb 2013] A person who becomes an intending candidate or who has nominated as a candidate is not eligible for appointment as a returning officer or an election official unless the election for which the person became an intending candidate or was nominated has been held and he or she was not returned as a Member at that election.

29 Staff of Commission

Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purpose of enabling the functions of the Commission to be carried out.

Part 3 Enrolment

30 State roll

(1)  The Commission must keep a State roll of the persons enrolled in accordance with section 32 .

(2)  The State roll may be kept by electronic means or any similar means.

(3)  The State roll must indicate the Assembly division and Council division for which each person is enrolled.

(4)  Each person enrolled on the State roll is to be enrolled –

(a) for the Assembly division which relates to the address in respect of which the person is enrolled; and

(b) for the Council division which relates to the address in respect of which the person is enrolled.

(5)  A person is not entitled to be enrolled on the State roll more than once at any one time.

31 Entitlement to enrolment

(1)  A person, other than a prisoner, is entitled to be enrolled on the State roll if the person is entitled to be enrolled on the Commonwealth roll.

(2)  A person who, but for the fact of being a prisoner, would be entitled to be enrolled on the Commonwealth roll is entitled to be enrolled on the State roll if serving a sentence of imprisonment for a term of less than 3 years.

32 Enrolment

(1)  Except in the case of a prisoner, if an arrangement has been made under section 35 , a person enrolled on the Commonwealth roll is taken to be enrolled on the State roll.

(2)  If an arrangement has been made under section 35 , a prisoner who is enrolled on the Commonwealth roll is taken to be enrolled on the State roll if the prisoner is entitled to be enrolled under section 31(2) .

(3)  [Section 32 Subsection (3) substituted by No. 47 of 2009, s. 4, Applied:06 Nov 2009] Notwithstanding that an arrangement has been made under section 35 , subsection (4) and section 33 apply to a person who is entitled to be –

(a) enrolled under section 31(2) , but is not entitled to be enrolled on the Commonwealth roll because he or she is a prisoner; and

(b) enrolled under section 31(1) , but is not enrolled on the Commonwealth roll because of the operation of section 102(4) of the Commonwealth Act.

(4)  If no arrangement has been made under section 35  –

(a) a person may be enrolled on the State roll only in accordance with procedures approved under section 33(a) ; and

(b) the particulars of an elector shown on the State roll may be amended only in accordance with procedures approved under section 33(b) ; and

(c) the name of an elector may be removed from the State roll only in accordance with procedures approved under section 33(c) .

33 Enrolment forms and procedures

If no arrangement has been made under section 35 , the Commission is to approve forms and procedures to –

(a) enrol on the State roll a person who is entitled to be so enrolled; and

(b) amend the particulars of an elector on the State roll; and

(c) remove from the State roll the name of an elector who is deceased or not entitled to be enrolled.

34 Compulsory enrolment and transfer

(1)  If a person –

(a) is not enrolled on the State roll; and

(b) has attained the age of 18 years; and

(c) is entitled under section 31 to be enrolled on the State roll –

that person must apply to enrol in accordance with the forms and procedures approved under section 33 .

(2)  If a person –

(a) is enrolled on the State roll; and

(b) has changed his or her place of residence; and

(c) is entitled under section 31 to be enrolled on the State roll in respect of a new address –

that person must apply to enrol in respect of that new address in accordance with the forms and procedures approved under section 33 .

(3)  An application required under subsection (1) or (2) must be made within 21 days of being required to do so.

(4)  If an arrangement has been made under section 35 , a person is taken to have complied with subsections (1) and (2) if the person has made application to enrol under the Commonwealth Act.

35 Joint roll arrangement with Commonwealth

(1)  The Governor may arrange with the Governor-General of the Commonwealth for, or for the carrying out of a procedure relating to, the preparation, alteration or revision of the State roll, in any manner consistent with the provisions of this Act, jointly by the State and the Commonwealth, for the purpose of the State roll being used for State or Commonwealth elections or for any other purpose.

(2)  The Governor may arrange with the Governor-General of the Commonwealth for the exchange of information necessary for the preparation, alteration or revision of the State roll under this Act and a roll under the Commonwealth Act.

36 Particulars contained on State roll

(1)  Except as provided in subsection (5) , the State roll is to contain the following particulars in relation to each elector:

(a) surname or family name;

(b) Christian or given names;

(c) title;

(d) place of living or other approved address;

(e) such other particulars as may be approved.

(2)  If a person is taken to be enrolled on the State roll under section 32(1) , the particulars recorded on the Commonwealth roll in respect of that person are, as far as practicable, to be taken to be the particulars contained on the State roll.

(3)  An elector may request that his or her address not be shown on the State roll, on the ground that this would place the personal safety of the elector or members of the elector's family at risk.

(4)  The Commission is to approve forms and procedures to determine if, following a request under subsection (3) , there are reasonable grounds for believing that the inclusion of the address of an elector on the State roll would place the personal safety of the elector or members of the elector's family at risk.

(5)  If, in accordance with forms and procedures approved under subsection (4) , a determination is made that there are reasonable grounds for believing that the inclusion of the address of an elector on the State roll would place the personal safety of the elector or members of the elector's family at risk, the address of the elector is not to be shown on the roll.

37 Division rolls

(1)  There is to be a division roll for each division which is to contain the details of each elector shown on the State roll as being enrolled for that division.

(2)  Subject to subsection (3) , the Commission is to print each division roll at least once a year.

(3)  A print of a division roll is to specify only the name and address of each elector shown on that roll but is not to include the address of any elector whose address, pursuant to section 36(5) , does not appear on the State roll.

(4)  A print of a division roll may be provided to a person only in accordance with section 38 or 40 .

38 Public inspection of roll

(1)  The Commission may make the name and address of each elector, other than an elector whose address, pursuant to section 36(5) , does not appear on the State roll, available for inspection by members of the public without fee in such printed or electronic means as are approved and at such places as the Commission may determine.

(2)  The Commission may make the details of an elector, other than an elector whose address, pursuant to section 36(5) , does not appear on the State roll, available for verification by members of the public without fee in such printed or electronic means as are approved and at such places as the Commission may determine.

39 Preparation of election and candidate rolls

(1)  The Commission is to prepare, as soon as practicable after the close of roll for an election, the election roll and candidate roll for that election.

(2)  The election roll and candidate roll are to be in approved forms and, subject to subsection (4) , are to include only the name and address of all electors who –

(a) are on the relevant division roll as at the close of roll for the election; and

(b) have attained the age of 18 years on polling day.

(3)  An election roll or candidate roll is not to include the address of any elector whose address, pursuant to section 36(5) , does not appear on the State roll.

(4)  An election roll may include approved numbers or markings for administrative purposes.

40 Supply of rolls

(1)  The Commission is to prepare, at least once per year, an electronic edition of the State roll and of each division roll for the purposes of this section.

(2)  On written request, in an approved form, by the registered officer of a registered party, the Commission is to provide the registered officer with any of the following:

(a) the latest electronic edition of the State roll and such future editions as may be requested;

(b) a copy of the latest print of each division roll, printed under section 37 , and such future prints of each division roll as may be requested.

(3)  On written request, in an approved form, by a Member, the Commission is to provide the Member with any of the following:

(a) the latest electronic edition of the division roll for the division which he or she represents and such future editions as may be requested;

(b) a copy of the latest print of the division roll, printed under section 37 , for the division which he or she represents and such future prints of that division roll as may be requested.

(4)  For the purposes of subsections (2) and (3)  –

(a) an electronic edition of a roll is to specify only the names, titles, residential addresses and postal addresses of electors but is not to include the address of any elector whose address, pursuant to section 36(5) , does not appear on the State roll; and

(b) an electronic edition of a roll is, if practicable, to clearly indicate the variations between that edition and the previous edition.

(5)  On request, in an approved form, by a person who has nominated as a candidate for an election, the Commission is to provide that person with a printed copy of the relevant candidate roll.

(6)  The Commission may provide to any other person, body or organisation, as it may approve, a copy of the State roll or any part of that roll in printed or electronic form.

(7)  For the purposes of subsection (6)  –

(a) an approval by the Commission is to be in writing and is to specify the purpose for which information contained in the roll may be used; and

(b) a copy of the roll may include the names, residential addresses, postal addresses and such other particulars relating to the electors as the Commission considers relevant to the purpose for which the roll may be used.

41 Permitted use of rolls

(1)  A person provided with a roll under section 40(2) , (3) or (5) is permitted to use that roll only for the following purposes:

(a) any purpose connected with an election or referendum;

(b) monitoring the accuracy of information on the roll;

(c) the performance by a Member of his or her functions as a Member.

(2)  A person, body or organisation provided with a roll or part of a roll under section 40(6) is permitted to use that roll only for the purpose specified by the Commission in the approval granted under that section.

42 Persons to provide information

(1)  Every State employee, every employee of a local authority, and every elector and person entitled to be enrolled on the State roll is to, on being requested to do so by an election official, provide all such information as may be required in connection with the preparation, alteration or revision of a roll.

(2)  In subsection (1) , a reference to a State employee is a reference to an employee within the meaning of the Long Service Leave (State Employees) Act 1994 .

(3)  A police officer is to assist the Commission by making such inquiries and collecting such information as the Commission may specify and in so assisting the Commission has the powers of an election official.

(4)  Without limiting subsection (1)  –

(a) the Registrar of Births, Deaths and Marriages is to provide to the Commission, on request, particulars entered in the register of deaths in respect of the death of persons aged 17 years or older; and

(b) the Director of Corrective Services is to provide to the Commission, on request, particulars in respect of a person who has attained the age of 17 years and who is in prison by reason of that person being sentenced to a term of imprisonment.

43 Power of Commission to amend election roll

If the Commission is satisfied that, due to an administrative error or other cause –

(a) a name appears on an election roll and should not appear on that roll; or

(b) a name does not appear on an election roll and should appear on that roll; or

(c) the details of an elector shown on an election roll are not correct –

the Commission may amend that election roll accordingly.

Part 4 Registration of Political Parties

44 Application to register party

(1)  An application for registration of a party under this Part is to be in writing in accordance with the approved form and is to –

(a) be signed by the party secretary; and

(b) set out the name of the party, which –

(i) is not to be the name of an existing party, unless the party to be registered has obtained the written consent of the existing party; and

(ii) is not to include the word "independent"; and

(ba) [Section 44 Subsection (1) amended by No. 38 of 2023, s. 9, Applied:01 Jul 2024] be accompanied by a copy of the party’s constitutional documents; and

(c) set out the ballot paper name, which is the form of the name of the party to appear on ballot papers and –

(i) is not to be the name of an existing party, unless the party to be registered has obtained the written consent of the existing party; and

(ii) is not to include the word "independent"; and

(iii) is not to consist of more than 6 words; and

(d) set out the name and address of the person who is to be the registered officer of the party and be signed by that person; and

(e) set out the name and address of the person who is to be the deputy registered officer of the party and be signed by that person; and

(f) set out the names and addresses of at least 100 members of the party who are to be the registered members; and

(g) [Section 44 Subsection (1) amended by No. 38 of 2023, s. 9, Applied:01 Jul 2024] be accompanied by the statutory declarations referred to in subsection (3) , each of which is to have been made within the period of 12 months before the day on which the application is lodged with the Commission; and

(h) be lodged with the Commission.

(2)  A person is not eligible to be a registered officer, deputy registered officer or registered member unless that person is an elector.

(3)  Each of the persons listed in accordance with subsection (1)(f) is to make a statutory declaration in an approved form that he or she –

(a) is a member of the party in relation to which the application is made; and

(b) supports the application for registration of that party.

45 Publication of application for registration

(1)  As soon as practicable after an application is received by the Commission, the Commission is to, if that application complies with section 44 , publish a notice of the application –

(a) in the Gazette; and

(b) in 3 daily newspapers circulating generally in the State; and

(c) by any other means determined by the Commission.

(2)  The notice is to –

(a) include the particulars referred to in section 44(1)(a) , (b) , (c) , (d) , (e) and (f) ; and

(b) state that objections to the registration of the party, in accordance with section 46 , may be lodged with the Commission.

(3)  If the Commission determines that any of the particulars referred to in subsection (2)(a) are obscene or may cause offence it may, in the notice referred to in subsection (1) , omit or amend those particulars and include in the notice advice that some particulars have been omitted or amended and that the original application may be inspected at the office of the Commission.

46 Objections to registration of party

(1)  A person may, not later than 30 days after the publication of the notice referred to in section 45 , lodge with the Commission an objection against the registration of the party.

(2)  An objection lodged under subsection (1) is to be only on a ground specified in section 47 .

47 Grounds for rejecting application for registration

(1)  The Commission may reject an application to register a party –

(a) if the application does not comply with the requirements of section 44 ; or

(b) if the Commission believes on reasonable grounds that information set out in the application, or in documents required to accompany the application, is incorrect.

(2)  The Commission is to reject an application to register a party if the Commission considers that –

(a) the name of the party or the ballot paper name is obscene, offensive or frivolous; or

(b) the name of the party or the ballot paper name so nearly resembles an existing party name that it is likely to be confused with or mistaken for that party name; or

(c) the name of the party or the ballot paper name would otherwise be likely to cause confusion if registered.

(3)  The Commission may reject an application to register a party if the name of the party or the ballot paper name –

(a) is a public body name; or

(b) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name.

48 Commission to accept or reject application for registration

(1)  The Commission, not later than 21 days after the last day on which objections may be lodged under section 46(1) in respect of an application for registration of a party, is to consider that application and –

(a) accept that application; or

(b) reject that application in accordance with section 47 .

(2)  In considering an application for registration of a party, the Commission is to take into account any objection in respect of that application which has been lodged under section 46(1) , and may take into account any other information.

(3)  As soon as practicable after the Commission decides to accept or reject an application, it must give the party secretary, and any person who lodged an objection in respect of that application, written notice of –

(a) the decision; and

(b) the reasons for the decision; and

(c) any right to appeal the decision under section 49 .

49 Right of appeal to Supreme Court

(1)  If the Commission decides to reject an application to register a party under section 48 , the party secretary may appeal that decision to the Supreme Court.

(2)  If the Commission decides to accept an application to register a party under section 48 , any person who lodged an objection under section 46 may appeal that decision to the Supreme Court.

(3)  An appeal to the Supreme Court may be lodged in accordance with the Supreme Court Rules 2000 not later than the eighth day after the day on which the Commission decides to accept or reject the application to register a party.

(4)  [Section 49 Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] An appeal is to be heard and determined by a Judge or the Associate Judge of the Supreme Court as soon as practicable.

(5)  [Section 49 Subsection (5) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] On an appeal, an order for costs may not be made against the appellant unless the Judge or Associate Judge of the Supreme Court is satisfied that the appeal is frivolous or vexatious.

(6)  No action or proceeding may be brought in respect of a decision of the Commission under section 48 except as provided by this section.

50 Registration of political parties

(1)  The Commission is to register a party as soon as practicable after its decision to accept an application in accordance with section 48(1) if no objection in relation to that application has been lodged with the Commission under section 46 .

(2)  The Commission is to register a party if –

(a) in accordance with section 48(1) , the Commission accepts an application to register the party; and

(b) an objection was lodged with the Commission under section 46 ; and

(c) no appeal was lodged in accordance with section 49  –

as soon as practicable after the time by which appeals may be lodged has expired.

(3)  The Commission is to register a party if –

(a) an appeal was lodged in accordance with section 49 ; and

(b) the effect of the decision of the Supreme Court is that the application to register the party should be accepted –

as soon as practicable after that decision.

51 Publication of decision

The Commission is to publish, in the Gazette and 3 daily newspapers circulating generally in the State –

(a) notice of the registration of a party, as soon as practicable after that registration; or

(b) notice of the decision to reject an application to register a party, as soon as practicable after completion of the appeal process, if any.

52 Party register

(1)  The Commission is to prepare and maintain the party register.

(2)  The party register is to contain the following particulars in respect of each registered party:

(a) the name of the party;

(b) the ballot paper name;

(c) the name and address of the registered officer of the party;

(d) the name and address of the deputy registered officer of the party;

(e) the names and addresses of the registered members of the party.

(3)  If the Commission is satisfied that particulars in the party register in relation to a registered member or the registered officer are no longer correct, the Commission may correct those particulars.

(4)  Subsection (3) does not authorise the Commission to add or delete the name of a registered member or the registered officer.

(5)  The party register may be kept electronically.

(6)  [Section 52 Subsection (6) omitted by No. 38 of 2023, s. 10, Applied:01 Jul 2024] .  .  .  .  .  .  .  .

52A Public access to information about registered parties

[Section 52A Inserted by No. 38 of 2023, s. 11, Applied:01 Jul 2024]

(1)  The Commission is to ensure that, on the request of a person made to a member of the staff of the Commission, the party register is available for inspection by the person free of charge.

(2)  The Commission is to ensure that, on the request of a person made to a member of the staff of the Commission, a copy of a registered party’s constitutional documents is made available for inspection by the person free of charge.

(3)  The Commission is to ensure that there is, at all times, published on a website of the Commission, a list of the names of all parties that are registered parties.

53 Performance or exercise of registered officer's functions and powers by deputy registered officer

If the registered officer of a party is unable to perform or exercise his or her functions or powers under this Act, the deputy registered officer of the party may perform those functions or exercise those powers.

54 Adding to list of registered members

(1)  An application to add the name of an elector to the list of registered members of a party in the party register is to be in writing, in accordance with the approved form, and lodged with the Commission.

(2)  An application under subsection (1) is to be signed by the registered officer and accompanied by the statutory declaration referred to in subsection (3) .

(3)  The person whose name is proposed to be added to the register is to make a statutory declaration that he or she –

(a) is a member of the party; and

(b) agrees to become a registered member in relation to that party.

(4)  On receiving an application that complies with this section, the Commission is to amend the party register accordingly and give notice in writing of the change to the registered officer.

55 Deleting registered member

(1)  An application to delete the name of a registered member of a party from the party register is to be in writing, in accordance with the approved form, and lodged with the Commission.

(2)  An application under subsection (1) is to be –

(a) if the registered member is no longer a member of the party, signed by the registered officer; or

(b) if the registered member no longer wishes to be a registered member of the party, signed by the registered member.

(3)  On receiving an application that complies with this section, the Commission is to amend the party register accordingly and give notice in writing of the change to the registered officer and, if practicable, to the person whose name has been deleted.

56 Change of registered officer

(1)  An application to change the registered officer of a registered party or the deputy registered officer of a registered party is to be in writing, in accordance with the approved form, and lodged with the Commission.

(2)  An application under subsection (1) is to be signed by the party secretary, 3 registered members of the party and the person who is to be the registered officer or deputy registered officer.

(3)  On receiving an application that complies with this section, the Commission is to amend the party register accordingly and give notice in writing of the change to the party secretary.

57 Change of party name or ballot paper name

(1)  An application to change the name or ballot paper name of a party is to be in writing, in accordance with the approved form, and lodged with the Commission.

(2)  An application under subsection (1) is to be signed by the registered officer and 3 registered members of the party and is to include a statement that the change of name has been approved by the executive or other controlling body of the party.

(3)  This Part applies to an application under this section, subject to any necessary changes, as if it were an application for registration of a party under section 44 .

58 Review of party register

(1)  Subject to subsection (3) , the Commission may review a registered party.

(2)  Before conducting a review of a registered party, the Commission is to give notice in writing to the registered officer of the party that the party is to be reviewed and include with that notice an approved review of party registration form –

(a) setting out the names and addresses of the registered members; and

(b) indicating if any registered member is not currently an elector; and

(c) setting out the name and address of the registered officer.

(3)  The Commission may not review a party more than once in any year unless –

(a) the Commission believes for any reason that less than 100 registered members of the party remain eligible to be registered members of that party; or

(b) an objection to the cancellation of registration of the party has been received in accordance with section 61(6) .

(4)  [Section 58 Subsection (4) amended by No. 38 of 2023, s. 12, Applied:01 Jul 2024] The registered officer is to indicate on the review of party registration form –

(a) next to the name of each registered member –

(i) whether or not the member is a current member of the registered party; and

(ii) the new address for the member if he or she has changed his or her address; and

(b) the new address for the registered officer if he or she has changed his or her address –

and return it, together with a copy of the party’s constitutional documents, to the Commission within 30 days of the date of the notice.

(5)  If the registered officer indicates on the review of party registration form that a registered member is not a current member of the party, the registered officer must provide to the Commission, with that form, an application to delete the name of that member in accordance with section 55 .

(6)  The registered officer may also provide to the Commission, together with the review of party registration form, an application to add the name of an elector in accordance with section 54 .

(7)  On the return of a review of party registration form and any accompanying application to delete from or add to the list of registered members, the Commission is to –

(a) amend the party register accordingly; and

(b) delete from the party register the name and address of any registered member who is not an elector.

59 Cancellation of registration of party: failure to return review of party registration form

(1)  If the registered officer of a party has not completed and returned a review of party registration form in accordance with section 58(4) , the Commission is to give notice in an approved form to that officer that, if the review of party registration form is not received before the expiration of 30 days from the date of the notice, the Commission will cancel the registration of that party.

(2)  A copy of the notice given under subsection (1) is to be published in the Gazette and in 3 daily newspapers circulating generally in the State.

(3)  If a review of party registration form is not returned within the period specified in the notice given under subsection (1) , the Commission is to cancel the registration of the party and delete all particulars in relation to that party from the party register and give notice in writing of the cancellation and deletion to the former registered officer.

60 Cancellation of registration of party: less than 100 registered members

(1)  If after the Commission has amended the party register in accordance with section 58(7) there are less than 100 registered members of a party, the Commission is to give notice in an approved form to the registered officer of that party –

(a) that if, after the expiration of 30 days from the date of the notice, there are not at least 100 registered members of the party, the Commission will cancel the registration of the party; and

(b) inviting the registered officer to lodge an application to add the names of further electors to the list of registered members under section 54 .

(2)  A copy of the notice given under subsection (1) is to be published in the Gazette and in 3 daily newspapers circulating generally in the State.

(3)  If –

(a) after the period specified in the notice given under subsection (1) ; and

(b) after processing any applications under section 54 or 55 received during that period –

there are not at least 100 registered members of the party, the Commission is to cancel the registration of the party, delete all particulars in relation to that party from the party register and give notice in writing of the cancellation and deletion to the former registered officer.

61 Cancellation of registration of party on application

(1)  An application to cancel the registration of a registered party is to be in writing, in accordance with the approved form, and lodged with the Commission.

(2)  An application under subsection (1) is to be signed by 3 registered members and accompanied by the statutory declarations referred to in subsection (3) .

(3)  Each of the registered members referred to in subsection (2) is to make a statutory declaration that –

(a) the registered party has ceased to exist; or

(b) the application is in consequence of the proper action of the executive or other controlling body of the party.

(4)  As soon as practicable after receiving an application that complies with this section, the Commission is to give notice of the application in an approved form to the registered officer stating that objections may be lodged in accordance with subsection (6) .

(5)  A copy of the notice given under subsection (4) is to be published in the Gazette and in 3 daily newspapers circulating generally in the State.

(6)  A registered member of the party or the registered officer of the party may, within 30 days of the publication of the notice under subsection (5) , lodge with the Commission an objection to the cancellation of the registration of the party.

(7)  If the Commission receives an application that complies with this section and no objection is lodged in accordance with subsection (6) , the Commission is to, as soon as practicable, cancel the registration of the party and delete all particulars in relation to that party from the party register and give notice in writing of the cancellation and deletion to the former registered officer and the 3 registered members referred to in subsection (2) .

(8)  If an objection is received in accordance with subsection (6) , the Commission is to review the registered party in accordance with section 58 .

62 Operation of Part suspended on issue of writ for election

(1)  During the period commencing with the issue of a writ for an election and ending with the return of that writ no action is to be taken under this Part.

(2)  Notwithstanding subsection (1) , an application to change the registered officer of a registered party or the deputy registered officer of a registered party may be made during the period specified in that subsection.

Part 5 Conduct of Elections

63 Issue of writs for Assembly general election

Whenever –

(a) a proclamation dissolving the Assembly is published in the Gazette; or

(b) the terms for which Members of the Assembly have been elected expire by effluxion of time –

writs for the holding of an Assembly general election are to be issued by the Governor not less than 5 days and within 10 days after that publication or the expiry of those terms.

64 Issue of writ for Assembly by-election

As soon as practicable after –

(a) a report under section 232(3) is received by the Governor; or

(b) the Supreme Court makes an order under section 215 that a by-election is to be held –

a writ for the holding of a by-election to fill the vacancy is to be issued by the Governor.

65 Issue of writs for Council periodic elections

(1)  Subject to subsection (2) , writs are to be issued by the Governor for the holding of the periodical elections of Members of the Council required to be held in a year in accordance with section 19 of the Constitution Act 1934 .

(2)  The writs referred to in subsection (1) are to be issued not earlier than 51 days nor later than 14 days before the day fixed by or in accordance with section 19(4) of the Constitution Act 1934 .

66 Issue of writ for Council by-election

(1)  Except as provided by subsection (2) , whenever the seat of a Member of the Council becomes vacant otherwise than by reason of the expiry of his or her term of office, a writ for the holding of a by-election to fill the vacancy is to be issued by the Governor within 40 days after the vacancy occurs.

(2)  Subject to subsection (3) , in the event of the seat of a Member of the Council becoming vacant at any time during the period –

(a) commencing on 1 January immediately preceding polling day for the next Council periodic elections; and

(b) ending with the day on which writs for the holding of those elections are issued –

a writ for the holding of a by-election is not, unless the Governor otherwise determines, required to be issued until the day on which the writs for those Council periodic elections are issued.

(3)  If in any year –

(a) a Council periodic election is required in a division; and

(b) the seat of the Member for that division becomes vacant between 1 January and polling day for that election –

a writ for the holding of a by-election is not, unless the Governor otherwise determines, required to be issued.

(4)  Where in any year a writ for the holding of a by-election to fill a vacancy occurring in the seat of a Member of the Council is not issued until the date on which the writs for the Council periodic elections for that year are issued, the writ for the by-election is to specify the same dates as the writs for those Council periodic elections.

(5)  The Governor may, by proclamation, extend the period of 40 days referred to in subsection (1) .

67 Contents of writ for election

(1)  A writ for the holding of an election is to be in accordance with the prescribed form and is to –

(a) fix the day on or before which candidates for election are to be nominated; and

(b) in the case of –

(i) an Assembly election, fix the day on which polling for the election is to be held in the event of the election being contested; or

(ii) a Council periodic election, specify the day fixed by or in accordance with section 19(4) of the Constitution Act 1934 on which polling for the election is to be held in the event of the election being contested; or

(iii) a Council by-election, fix the day on which polling for the election is to be held in the event of the election being contested; and

(c) fix the day on or before which the writ is to be returned to the Governor.

(2)  For the purposes of this Act, a writ to which subsection (1) applies is taken to have been issued at 6 p.m. on the date on which the writ was issued.

68 Writ directed to returning officer

A writ for the holding of an election is to be directed to the returning officer for the division concerned.

69 Nomination day

Nomination day is to be a day which is not less than 7 days, nor more than 21 days, after the date on which the writ for the election was issued, or such later day as the Governor may fix by proclamation.

70 Polling day

(1)  The polling day fixed for –

(a) [Section 70 Subsection (1) amended by No. 47 of 2009, s. 5, Applied:06 Nov 2009] [Section 70 Subsection (1) amended by No. 5 of 2019, s. 5, Applied:18 Apr 2019] an Assembly election is to be a Saturday which is not less than 22 days, nor more than 30 days, after nomination day; or

(b) a Council periodic election is to be the day fixed by or in accordance with section 19(4) of the Constitution Act 1934 ; or

(c) [Section 70 Subsection (1) amended by No. 47 of 2009, s. 5, Applied:06 Nov 2009] [Section 70 Subsection (1) amended by No. 5 of 2019, s. 5, Applied:18 Apr 2019] a Council by-election is to be a Saturday which is not less than 22 days, nor more than 30 days, after nomination day.

(2)  In the case of an Assembly general election, the same day is to be fixed for polling in each Assembly division.

71 Day for return of writ

The day fixed for the return of a writ for an election is to be a day which is not later than 60 days after the date of the issue of that writ or such later day as the Governor, by proclamation, may direct.

72 Duties of returning officer on receipt of writ

The returning officer for a division, on receiving a writ for an election in respect of that division, is to –

(a) endorse on the writ the date of its receipt; and

(b) fix a place at which and the hours during which he or she will receive nominations; and

(c) as soon as practicable publish, in at least one newspaper approved for the purpose and circulating generally in the division, a notice of –

(i) the receipt of the writ; and

(ii) the particulars of the writ; and

(iii) the address of the place and hours fixed under paragraph (b) .

73 Extension of time

(1)  If a writ for an election has been issued and not returned, and the Governor considers it appropriate, the Governor may by proclamation fix –

(a) another day on or before which candidates for election are to be nominated; or

(b) another day on which polling for the election is to be held in the event of the election being contested; or

(c) another day on or before which the writ is to be returned to the Governor.

(2)  Any dates fixed by the Governor under subsection (1) are not subject to section 69 , 70 or 71 .

(3)  If the Governor issues a proclamation under subsection (1) , the returning officer for the relevant division is to, as soon as practicable, publish in at least one newspaper approved for the purpose and circulating generally in the division, a notice of that proclamation.

74 Fresh writ to be issued where election fails or partially fails

If an Assembly election fails or partially fails, or a Council election fails, a writ for the holding of a fresh election in respect of the division concerned is to be issued by the Governor –

(a) within 10 days after polling day; or

(b) if the failure or partial failure of the election does not become apparent until after polling day, within 10 days after the day on which that failure or partial failure becomes apparent.

75 Persons who may be nominated and elected

[Section 75 Amended by No. 47 of 2009, s. 6, Applied:06 Nov 2009] A person may be nominated as a candidate for election and may be elected as a Member of the Assembly or the Council if the person –

(a) [Section 75 Amended by No. 47 of 2009, s. 6, Applied:06 Nov 2009] is qualified under the Constitution Act 1934 to be elected; and

(b) [Section 75 Amended by No. 47 of 2009, s. 6, Applied:06 Nov 2009] is not ineligible under section 76 ; and

(c) [Section 75 Amended by No. 47 of 2009, s. 6, Applied:06 Nov 2009] has attained the age of 18 years.

76 Persons ineligible for nomination

(1)  A person is ineligible to be nominated as a candidate for election to represent a division if –

(a) the person is –

(i) the holder of a seat in the other House of the Parliament of Tasmania; or

(ii) in the case of a nomination at a Council election, the holder of a seat in another Council division; or

(iii) in the case of a nomination at an Assembly by-election, the holder of a seat in another Assembly division; or

(b) the person is a candidate for an election in another division of either House for which the writ has not been returned; or

(c) the person is a Member of the Parliament of the Commonwealth.

(2)  A person is not ineligible under subsection (1)(a)(ii) to be nominated as a candidate for election to represent a Council division where his or her term of office as a Member is to cease at the election by the operation of a determination under section 29A(1) of the Legislative Council Electoral Boundaries Act 1995 .

77 How and when nomination takes place

(1)  A nomination of a person as a candidate for election is invalid unless it complies with the requirements of this section.

(2)  Except as provided in subsection (3) , (4) or (5) , the nomination is to –

(a) be in an approved form; and

(b) include the name, ballot paper name, address and occupation of the person being nominated; and

(ba) [Section 77 Subsection (2) amended by No. 50 of 2015, s. 4, Applied:08 Dec 2015] include, if the nomination is for a Council election and subsection (5) does not apply to the nomination, a statement by the person being nominated stating whether or not the person wants the word "independent" to appear on the ballot paper under the person's name; and

(c) be signed by at least 10 nominators, other than the candidate, who are electors entitled to vote at the election to which the nomination relates; and

(d) be consented to in a statement signed by the person being nominated; and

(e) include a declaration made by the person being nominated that complies with section 78 ; and

(f) [Section 77 Subsection (2) amended by No. 5 of 2019, s. 6, Applied:18 Apr 2019] be lodged, posted or sent by an approved electronic means so as to be received by the returning officer for the division after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.

(3)  If one or more persons are being nominated to appear on an Assembly ballot paper in a group under a heading of the ballot paper name of a registered party, the nomination is to –

(a) be in an approved form; and

(b) include the name, ballot paper name, address and occupation of each person being nominated; and

(c) be signed by the registered officer of the party, as nominator; and

(d) include a statement signed by the registered officer that the party has endorsed those persons; and

(e) be consented to by each person being nominated, in a statement signed by each such person; and

(f) include a declaration made by each person being nominated that complies with section 78 ; and

(g) [Section 77 Subsection (3) amended by No. 5 of 2019, s. 6, Applied:18 Apr 2019] be lodged, posted or sent by an approved electronic means so as to be received by the returning officer for the division or the Commissioner after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.

(4)  If one or more persons are being nominated to appear on an Assembly ballot paper in a group not under a heading of the ballot paper name of a registered party, the nomination is to –

(a) be in an approved form; and

(b) include the name, ballot paper name, address and occupation of each person being nominated; and

(c) be signed by at least 100 nominators, other than the candidates, who are electors entitled to vote at the election to which the nomination relates; and

(d) be consented to by each person being nominated, in a statement signed by each person being nominated; and

(e) include a declaration made by each person being nominated that complies with section 78 ; and

(f) [Section 77 Subsection (4) amended by No. 5 of 2019, s. 6, Applied:18 Apr 2019] be lodged, posted or sent by an approved electronic means so as to be received by the returning officer for the division after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.

(5)  If a person is being nominated to appear on a Council ballot paper together with the name of a registered party, the nomination is to –

(a) be in an approved form; and

(b) include the name, ballot paper name, address and occupation of the person being nominated; and

(c) be signed by the registered officer of the party, as nominator; and

(d) include a statement signed by the registered officer that the party has endorsed that person; and

(e) be consented to in a statement signed by the person being nominated; and

(f) include a declaration made by the person being nominated that complies with section 78 ; and

(g) [Section 77 Subsection (5) amended by No. 5 of 2019, s. 6, Applied:18 Apr 2019] be lodged, posted or sent by an approved electronic means so as to be received by the returning officer for the division or the Commissioner after the issue of the writ for the election and, subject to section 90 , before noon on nomination day.

(6)  Any consent or declaration required under subsection (2) , (3) , (4) or (5) may be provided by another approved method.

(7)  At the time the nomination is lodged, the nomination deposit is to be lodged with the returning officer or the Commissioner.

(8)  The nomination deposit is $400 per person nominated, in legal tender or in a cheque drawn by an authorised deposit-taking institution or other financial institution on itself.

(9)  A nomination is not invalid by reason of a formal defect or error in it if the returning officer or the Commissioner receiving the nomination is satisfied that the provisions of this Act have been substantially complied with in relation to it.

78 Declaration by candidate

[Section 78 Substituted by No. 47 of 2009, s. 7, Applied:06 Nov 2009] The declaration referred to in section 77(2)(e) , (3)(f) , (4)(e) or (5)(f) is to be in an approved form and is to contain a statement to the effect that the person making the declaration –

(a) is qualified under section 14 of the Constitution Act 1934 ; and

(b) is not incapable of being elected as a Member under section 32 or 33 of the Constitution Act 1934 .

79 Returning officer to endorse nomination

(1)  As soon as practicable after receiving a nomination, the Commissioner or the returning officer is to endorse the nomination form as accepted if he or she is satisfied that –

(a) the nomination is in accordance with section 77 ; and

(b) the person being nominated is not known by the Commissioner or the returning officer to be ineligible under section 76 to be nominated.

(2)  The acceptance of a nomination by the Commissioner or the returning officer is conclusive evidence that –

(a) if the nomination was lodged under section 77(2) , at least 10 of the nominators were nominators eligible under section 77(2)(c) ; or

(b) if the nomination was lodged under section 77(3) or (5) , the nominator was the registered officer of the relevant registered party; or

(c) if the nomination was lodged under section 77(4) , at least 100 of the nominators were nominators eligible under section 77(4)(c) .

80 Ballot paper name of candidate

(1)  A candidate is to specify on the nomination form a ballot paper name which is to be the form in which the person's name is to appear on the ballot papers for the election.

(2)  The Commissioner may approve a ballot paper name, other than a form of the candidate's name, if satisfied that the person is commonly known by that name.

81 Names of registered parties on ballot papers

(1)  If one or more persons are nominated in accordance with section 77(3) , the names of those candidates are to appear on the ballot paper in a separate column under a heading of the ballot paper name of the registered party.

(2)  If a person is nominated in accordance with section 77(5) , the ballot paper name of the registered party is to appear on the ballot paper under the name of that candidate.

(3)  [Section 81 Subsection (3) inserted by No. 50 of 2015, s. 5, Applied:08 Dec 2015] If a person is nominated in accordance with section 77(2) for a Council election and has stated in accordance with paragraph (ba) of that section that he or she wants the word "independent" to appear on the ballot paper under his or her name, the word "independent" is to appear on the ballot paper immediately under the name of that candidate.

82 Multiple nominations

If at noon on nomination day a person is nominated as a candidate for election in more than one division having that nomination day, each nomination of that person is invalid.

83 Withdrawal of nomination of candidate for election

(1)  Subject to subsection (2) , a person nominated as a candidate for election in accordance with section 77 may withdraw that nomination by notice signed by the person or by another approved method and lodged with the Commissioner or the returning officer, as appropriate, before noon on nomination day.

(2)  A person nominated as a candidate for election in accordance with section 77(3) or (5) may withdraw that nomination only with the consent, in an approved form, of the registered officer who nominated that person.

(3)  A person nominated as a candidate for election in accordance with section 77(4) may withdraw that nomination only with the consent, in an approved form, of each of the other persons nominated in the same group.

84 Nominations invalid due to name of candidate

(1)  In this section –

business day means a day when the place fixed for receiving nominations for the relevant division is open for business.

(2)  The Commission may determine that a nomination in respect of a person as a candidate for an election is invalid on the ground that the person has changed his or her name to a name which –

(a) is a party name; or

(b) so nearly resembles a party name that it is likely to be confused with, or mistaken for, a party name; or

(c) includes the word "independent" or a word of similar import; or

(d) is a public body name; or

(e) so nearly resembles a public body name that it is likely to be confused with, or mistaken for, the public body name; or

(f) is obscene or offensive.

(3)  The Commission may also determine that a nomination in respect of a person as a candidate for an election is invalid if the person has changed his or her name to a name which the Commission considers could cause confusion.

(4)  If the Commission determines that a nomination is invalid on a ground mentioned in subsection (2) or (3) , it must –

(a) advise the person nominated in writing of the decision; and

(b) state reasons for the decision; and

(c) inform the person of any right to appeal to the Supreme Court under section 85 ; and

(d) if the nomination was received before 5 p.m. on the fourth business day before nomination day, make the decision available to the person at the place fixed for receiving nominations for the relevant division before 5 p.m. on the third business day before nomination day.

85 Right of appeal to Supreme Court in relation to invalid name

(1)  In this section –

business day has the same meaning as in section 84 .

(2)  A person –

(a) whose nomination was received before 5 p.m. on the fourth business day before nomination day; and

(b) who is aggrieved by a determination of the Commission under section 84(2) or (3) that the nomination is invalid may, not later than 5 p.m. on the second business day before nomination day, appeal to the Supreme Court against the determination.

(3)  [Section 85 Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] An appeal is to be heard and determined by a Judge or the Associate Judge of the Supreme Court as soon as practicable.

(4)  [Section 85 Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] On an appeal, an order for costs may not be made against the appellant unless the Judge or Associate Judge of the Supreme Court is satisfied that the appeal is frivolous or vexatious.

(5)  No action or proceeding may be brought in respect of a determination of the Commission under section 84(2) or (3) except as provided by this section.

86 Disposal of deposit lodged for election

(1)  The sum deposited with the returning officer or the Commissioner in accordance with section 77(8) is to be held in an approved account until the writ for the election is returned.

(2)  The deposit is to be returned to a candidate if the candidate –

(a) withdraws the nomination under section 83 ; or

(b) is elected; or

(c) at any stage of the scrutiny, obtained a number of votes which is not less than 20% of –

(i) in the case of an Assembly election, a quota as defined in Schedule 4 ; or

(ii) in the case of a Council election, an absolute majority of votes as defined in Schedule 5 .

(3)  If a candidate dies before polling day, the deposit is to be returned to the candidate's personal representatives.

(4)  If an election fails, the deposit is to be returned to each candidate.

(5)  [Section 86 Subsection (5) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The deposit is to be forfeited to the Crown and paid by the returning officer into the Treasury to the credit of the Public Account unless it is returned to the candidate under subsection (2) , (3) or (4) .

87 Announcement of candidates

(1)  At noon on the day after nomination day, the returning officer is to publicly produce all nomination forms that have been endorsed as accepted under section 79(1) , and not withdrawn under section 83 , and –

(a) publicly announce –

(i) the names of the persons who are candidates at the election; and

(ii) in the case of an Assembly election, the group, if any, in which they are included; and

(b) display, at the office of the returning officer, a notice containing the details of that announcement.

(2)  Unless the Commission otherwise determines, the Commissioner, a returning officer or an election official is not to disclose any information in relation to a nomination received until the announcement referred to in subsection (1)(a) .

88 Election without poll

(1)  If the number of candidates for an election does not exceed the number required to be elected, the returning officer for the division concerned is to –

(a) in the case of an Assembly election, as soon as practicable after the announcement of candidates, publicly declare those candidates to be duly elected as Members of the Assembly for that division; and

(b) in the case of a Council periodic election, on polling day, publicly declare the candidate to be duly elected as a Member of the Council for that division; and

(c) in the case of a Council by-election, as soon as practicable after the announcement of candidates, publicly declare the candidate to be duly elected as a Member of the Council for that division.

(2)  The Commissioner is to publish a declaration made under subsection (1) in at least one newspaper approved for the purpose and circulating generally in the division and return the writ to the Governor endorsed according to that declaration.

89 Election with poll

(1)  If the number of candidates for an election exceeds the number required to be elected, the returning officer for the division concerned is to announce that a poll will take place on the day fixed by the writ for that election.

(2)  As soon as practicable after the announcement of candidates under section 87 , the returning officer is to –

(a) for the purposes of Schedule 3 determine, by an approved method, the random order in which the names of candidates are to appear in each column on the first batch of ballot papers; and

(b) in the case of an Assembly election, for the purposes of section 97(6) determine, by an approved method, the random order in which the columns mentioned in section 97(2) and (3) , if any, are to appear on the ballot papers.

(3)  The Commissioner is to, as soon as practicable, publish in at least one newspaper approved for the purpose and circulating generally in the division a notice –

(a) that a poll will take place on the day fixed by the writ for that election; and

(b) in the case of an Assembly election, listing –

(i) the groups in the order they are to appear on the ballot paper; and

(ii) the names of the candidates in alphabetical order within each group; and

(c) in the case of a Council election, listing the names of the candidates in alphabetical order; and

(d) including a statement to the effect that the names of the candidates on ballot papers are rotated and may not appear in the order shown in the notice.

(4)  The Commissioner may also publish the notice referred to in subsection (3) in any other approved manner.

(5)  The Commissioner is to, on or before polling day, publish in at least one newspaper approved for the purpose and circulating generally in the division a notice listing the polling places approved for that election.

90 Death of candidate at election

(1)  If a person nominated as a candidate for an election dies before noon on nomination day –

(a) nominations for that election may be lodged until noon on the day after nomination day; and

(b) candidates are to be announced as soon as practicable after noon on the day after nomination day.

(2)  If, in relation to an Assembly election, a person nominated as a candidate dies after noon on nomination day and before polling day, and –

(a) [Section 90 Subsection (2) amended by No. 40 of 2022, s. 10, Applied:14 Dec 2022] there are no more than 7 candidates remaining, the election is to proceed in accordance with section 88 as if the remaining candidates were the only candidates nominated; or

(b) [Section 90 Subsection (2) amended by No. 40 of 2022, s. 10, Applied:14 Dec 2022] there are more than 7 candidates remaining, the election is to proceed in accordance with section 89 and the votes cast for the deceased candidate are to be counted as votes cast for the candidate next in order of the elector's preference.

(3)  If, in relation to a Council election, a person nominated as a candidate dies after noon on nomination day and before polling day, the election fails.

(4)  If a candidate dies on or after polling day for an election, the count for that election is to be conducted as if the candidate had not died and, if that candidate receives sufficient votes to be elected, a vacancy is taken to have occurred in his or her seat as if he or she had died on the day after the declaration of the poll.

(5)  If, in accordance with subsection (4) , a vacancy is taken to have occurred –

(a) in the case of an Assembly election, that vacancy is to be filled as provided by Part 9 ; and

(b) in the case of a Council election, that vacancy is to be filled as provided by section 74 .

91 Polling places

A polling place is a place appointed by the Commission at which electors may vote and may be an ordinary polling place, a pre-poll polling place or a mobile polling place.

92 Ordinary, pre-poll and mobile polling places

(1)  An ordinary polling place is a place appointed by the Commission at which electors may vote on polling day.

(2)  A pre-poll polling place is a place appointed by the Commission at which electors may vote during specified time periods before polling day.

(3)  A mobile polling place is a mobile unit appointed by the Commission at which electors may vote during specified time periods on or before polling day.

(4)  The Commission may appoint a hospital, convalescent home, nursing home or other place as a place at which a mobile polling place may be operated.

93 Appointment of polling places

(1)  The Commission is to appoint, in respect of each Assembly division and Council division, such polling places as the Commission considers appropriate for the conduct of an election in relation to that division.

(2)  The Commission may appoint, in respect of an Assembly division or a Council division, a polling place which is located outside the boundaries of that division.

(3)  The Commission may, subject to subsection (4) , terminate the appointment of a polling place in respect of an Assembly division or a Council division.

(4)  The Commission is not to terminate the appointment of a polling place in respect of a division between the issue of the writ and the return of the writ for an election in respect of that division, unless it is necessary to do so for circumstances beyond the Commission's control.

(5)  The Commission is to, as soon as practicable, publish in the Gazette notice of an appointment or a termination of an appointment made under this section.

94 Hours of polling

(1)  Each ordinary polling place is to be open for polling from 8 a.m. on polling day until the close of poll.

(2)  The Commissioner is to determine the times during which each pre-poll polling place and mobile polling place is to be open for polling.

95 Commissioner to make arrangements for polling

The Commissioner is to make arrangements for the conduct of a poll in accordance with this Act, and in particular is to –

(a) provide appropriate numbers of election officials; and

(b) provide, at each polling place, appropriate numbers of –

(i) certified copies of the election roll; and

(ii) ballot papers; and

(iii) declaration voting materials; and

(iv) voting screens; and

(v) ballot boxes which can be securely fastened.

Division 4 Ballot papers

96 Preparation and printing of ballot papers

(1)  Ballot papers for use at elections are to be prepared and printed by the Commissioner in an approved form and in accordance with this Division.

(2)  [Section 96 Subsection (2) amended by No. 38 of 2023, s. 13, Applied:01 Jul 2024] Ballot papers to be issued as postal votes under section 128 , or that are to be counted with the postal votes under section 134 , are to have the additional word "postal" on them.

(3)  Except as provided by section 101 , ballot papers are to be authenticated by an approved mark.

97 Design of Assembly ballot papers

(1)  The ballot paper names of the candidates for Assembly elections are to be printed in columns with a box printed next to each name.

(2)  Each group of candidates nominated under section 77(3) to appear on a ballot paper under a heading of the ballot paper name of a registered party is to be listed in a separate column on the ballot paper under that name.

(3)  Each group of candidates nominated under section 77(4) to appear on a ballot paper as a group is to be listed in a separate column on the ballot paper under a heading "Group" followed by a capital letter representing the position of the column.

(4)  The first column on the ballot paper (when reading from left to right) is Column A, and each subsequent column to the right of Column A is designated by a successive letter of the English alphabet.

(5)  If more than 26 columns are required, the Commission is to determine the headings to be used.

(6)  The order in which the columns mentioned in subsections (2) and (3) are to be printed on the ballot paper is to be the order determined under section 89(2)(b) .

(7)  Candidates nominated under section 77(2) are to be listed in a column under the heading "ungrouped", and that column is to be printed on the ballot paper in a position to the right of the columns mentioned in subsections (2) and (3) .

(8)  The Commissioner may, if he or she considers it impractical to print the ballot paper names of all candidates nominated under section 77(2) in a single column, print those names in more than one column with –

(a) each column headed "ungrouped"; and

(b) as close as possible to equal numbers of names in each column; and

(c) the names to be included in each column being determined in accordance with Schedule 3 ; and

(d) those columns printed on the ballot paper in positions to the right of the columns mentioned in subsections (2) and (3) .

(9)  The ballot paper names of the candidates within each column are to be printed on each batch of ballot papers in the order specified in Schedule 3 .

(10)  Ballot papers are to be collated in an approved manner so that each ballot paper is followed by a ballot paper having the ballot paper names in a different order within each column.

98 Design of Council ballot papers

(1)  The ballot paper names of the candidates for Council elections are to be in a single column with a box printed next to each name.

(1A)  [Section 98 Subsection (1A) inserted by No. 50 of 2015, s. 6, Applied:08 Dec 2015] If any candidate has stated in accordance with section 77(2)(ba) that he or she wants the word "independent" to appear on the ballot paper under his or her name, the word "independent" is to appear on the ballot paper immediately under the name of that candidate.

(2)  The ballot paper names of the candidates are to be printed on each batch of ballot papers in the order specified in Schedule 3 .

(3)  Ballot papers are to be collated in an approved manner so that each ballot paper is followed by a ballot paper having the ballot paper names in a different order.

99 Printing of names on ballot papers

(1)  The surname or family name of each candidate for election is to be in more conspicuous type than the remaining part of the ballot paper name.

(2)  The surname or family name of each candidate for election may be on a different line to the remaining part of the ballot paper name.

(3)  As far as practicable the ballot paper names of candidates are to be printed in the same fonts and styles.

(4)  As far as practicable the ballot paper names of parties are to be printed in the same fonts and styles.

(5)  If the Commissioner considers that a similarity in the ballot paper names of 2 or more candidates is likely to cause confusion, a description or addition is to be included with each such name to enable them to be distinguished from each other.

100 Instructions on ballot papers

[Section 100 Amended by No. 40 of 2022, s. 11, Applied:14 Dec 2022] [Section 100 Substituted by No. 38 of 2023, s. 14, Applied:01 Jul 2024] A ballot paper is to include instructions to the elector that are consistent with the requirements set out in section 102 .

101 Preparation of additional ballot papers

(1)  If a returning officer or the election official in charge of a polling place is unable to provide an elector with a ballot paper printed in accordance with section 96 , he or she is to prepare a ballot paper which as far as practicable duplicates the required ballot paper.

(2)  Returning officers and election officials in charge of polling places are to keep a record in an approved manner of the number of ballot papers prepared in accordance with subsection (1) .

(3)  A ballot paper prepared under subsection (1) is to be taken to be a ballot paper for the purposes of this Act if it is authenticated by the initials of the election official.

102 Marking of ballot papers

(1)  In respect of an Assembly election, an elector –

(a) [Section 102 Subsection (1) amended by No. 40 of 2022, s. 12, Applied:14 Dec 2022] must mark the ballot paper by placing, without omission or duplication, the numbers 1, 2, 3, 4, 5, 6 and 7 in the boxes next to the names of candidates in order of preference; and

(b) may place further consecutive numbers in any or all of the boxes next to the names of the remaining candidates.

(2)  In respect of a Council election, an elector –

(a) must mark the ballot paper by placing, without omission or duplication –

(i) if there are more than 3 candidates, the numbers 1, 2 and 3 in the boxes next to the names of the candidates in order of preference; or

(ii) if there are 3 candidates, the numbers 1 and 2 in the boxes next to the names of the candidates in order of preference; or

(iii) if there are 2 candidates, the number 1 in the box next to the name of the candidate of first preference; and

(b) may place further consecutive numbers in any or all of the remaining boxes next to the names of the remaining candidates.

103 Informal ballot papers

(1)  A ballot paper is informal if –

(a) it is not authenticated by –

(i) the initials of an election official; or

(ii) an approved mark; or

(b) there is no vote recorded on the ballot paper; or

(c) the vote is recorded on the ballot paper otherwise than in accordance with section 102 ; or

(d) there is on the ballot paper a mark or writing which identifies the elector who marked that ballot paper.

(2)  [Section 103 Subsection (2) amended by No. 40 of 2022, s. 13, Applied:14 Dec 2022] If an Assembly ballot paper has preferences above the number 7 marked on it and –

(a) one or more of those numbers is omitted or duplicated; and

(b) the ballot paper would otherwise be formal –

the numbers including and above such, or the first such, omission or duplication are to be disregarded and the ballot paper is to be treated as being formal.

(3)  If a Council ballot paper having more than 3 candidates has preferences above the number 3 marked on it and –

(a) one or more of those numbers is omitted or duplicated; and

(b) the ballot paper would otherwise be formal –

the numbers including and above such, or the first such, omission or duplication are to be disregarded and the ballot paper is to be treated as being formal.

(4)  A ballot paper is not to be treated as informal or rejected at the counting of votes if, in the opinion of the returning officer, the elector's intention is clearly indicated on the ballot paper.

Division 5 Scrutineers

104 Appointment of scrutineers

(1)  A candidate at an election, or a person nominated to contest a recount under Part 9 , may appoint one or more persons who are not candidates at that election to be scrutineers on his or her behalf.

(2)  The appointment of a scrutineer is to be in an approved form signed by the candidate.

(3)  Before commencing his or her functions as a scrutineer, a scrutineer –

(a) is to produce to an election official his or her appointment as a scrutineer; and

(b) is to sign a declaration, in an approved form, that he or she will perform the functions in accordance with this Division and preserve the secrecy of the voting.

105 Presence of scrutineers

(1)  Subject to subsection (2) or (3) , a candidate is entitled to be represented by one or more scrutineers at any polling place or other place where ballot material is sorted, checked or counted.

(2)  The number of scrutineers representing a candidate at a polling place which is open for polling is not to exceed the number of election officials issuing ballot papers at that polling place.

(3)  The number of scrutineers representing a candidate at a polling place or other place when ballot material is sorted, checked or counted is not to exceed the number of election officials sorting, checking or counting at that place.

(4)  An election official is to supply a scrutineer with an identity badge to be worn or displayed by the scrutineer while scrutineering.

106 Scrutineering

(1)  A scrutineer may observe the issuing, sorting, checking and counting of ballot material.

(2)  A scrutineer may bring to the attention of an election official any matter the scrutineer believes may not be in accordance with the provisions of this Act.

(3)  If, under subsection (2) , a scrutineer brings a matter to the attention of an election official, that official is to –

(a) consider the request; and

(b) take any action he or she considers appropriate; and

(c) if requested by the scrutineer, record details of the request and the action taken.

Division 6 Entitlement to vote

107 Entitlement to vote

(1)  An elector whose name appears on the election roll for an election is entitled to vote at that election.

(2)  A person whose name does not appear on the election roll for an election is entitled to vote at that election if –

(a) the person's name has been on the division roll for the relevant division at some time during the 4-year period ending on the day of the close of roll for that election; and

(b) the person has continuously resided within the current boundaries of the relevant division since that person's name was removed from that division roll.

(3)  A person whose name does not appear on the election roll for an election is entitled to vote at that election if the returning officer is satisfied that the omission of the person's name from the election roll was due to an administrative error.

(4)  A person is not entitled to vote more than once at any election.

Division 7 Voting at ordinary, pre-poll and mobile polling places

108 Entitlement to vote within division

(1)  A person who is entitled to vote at an election in a division, may vote –

(a) on polling day at an ordinary polling place appointed in respect of that division; or

(b) before polling day at a pre-poll polling place if he or she –

(i) expects to be unable to attend a polling place on polling day; or

(ii) is a person whose address is not included on the roll pursuant to section 36(5) ; or

(c) on or before polling day at a mobile polling place if he or she –

(i) is a resident of an institution appointed as a place at which a mobile polling place may be operated; or

(ii) such other person as may be approved.

(2)  When requesting a ballot paper before polling day, a person entitled to do so under subsection (1)(b)(i) is to make a declaration in an approved form that he or she is unable to attend a polling place on polling day.

109 Requesting ballot paper

A person may request a ballot paper from an election official at a polling place by –

(a) stating his or her name and address; and

(b) answering any questions asked by the election official in accordance with section 110(2) ; and

(c) if the person is requesting a ballot paper at a pre-poll polling place, signing the declaration required under section 108(2) .

110 Election official to issue ballot paper

(1)  An election official is to issue a ballot paper, which has been initialled by the election official, to a person requesting a ballot paper if –

(a) the election official is satisfied that –

(i) the person is entitled under section 107(1) to vote at the election; and

(ii) the name of the person has not been marked on the certified copy of the election roll provided to the election official as having already been issued a ballot paper; and

(b) the person states that he or she has not already voted at the election; and

(c) at a pre-poll polling place, the person has made the declaration required under section 108(2) .

(2)  An election official may ask a person requesting a ballot paper questions for the purpose of deciding whether to issue a ballot paper under subsection (1) .

111 Issue of ballot paper to be recorded on certified copy of election roll

At the time of issuing a ballot paper to an elector, the election official is to mark, in an approved manner, the name of that elector on a certified copy of the election roll.

112 Vote to be marked in private

Subject to section 113 , an elector who has been issued with a ballot paper is to, without delay –

(a) go to an unoccupied voting screen in the polling place; and

(b) mark his or her vote on the ballot paper in accordance with the directions on that ballot paper; and

(c) fold the ballot paper so as to conceal the vote and place it in a ballot box in the polling place; and

(d) leave the polling place.

113 Assistance to certain electors at polling places

(1)  The Commission may approve any procedures that are reasonable and appropriate to assist an elector at an ordinary, pre-poll or mobile polling place who is unable to vote without assistance.

(2)  If an elector is to be assisted in voting, an election official at the polling place is to advise any scrutineers present of the approved procedure by which the elector will be voting.

114 Mobile polling not to take place on medical grounds

If the person in charge of an institution which is appointed as a place at which a mobile polling place may be operated, or his or her delegate, informs an election official that a visit to a resident is forbidden on medical grounds, election officials are not to visit that resident.

115 Entitlement to vote – absent from division

(1)  [Section 115 Subsection (1) amended by No. 47 of 2009, s. 8, Applied:06 Nov 2009] On polling day, a person who is entitled to vote at an election in a division may, if he or she is absent from that division, lodge a declaration vote at an ordinary polling place or mobile polling place appointed for another division.

(2)  Before polling day, a person who is entitled to vote at an election in a division may, if he or she will be unable to attend a polling place on polling day, lodge a declaration vote at a pre-poll polling place or mobile polling place appointed for another division.

(3)  When requesting a declaration vote under subsection (1) or (2) , a person is to make a declaration that he or she is entitled to vote at the election in the specified division.

116 Entitlement to vote – not on roll

(1)  If an election official does not issue a ballot paper to a person requesting a ballot paper, because the election official is not satisfied that the person meets the requirements of section 110(1)(a)(i) , the election official is to advise that person of his or her entitlement to request a declaration vote.

(2)  When requesting a declaration vote under subsection (1) , a person is to make a declaration that he or she is entitled to vote under section 107(2) or (3) for the division in which the election is being conducted.

117 Entitlement to vote – already marked off roll

(1)  If an election official does not issue a ballot paper to a person requesting a ballot paper, because the election official is not satisfied that the person meets the requirements of section 110(1)(a)(ii) , the election official is to advise that person of his or her entitlement to request a declaration vote.

(2)  When requesting a declaration vote under subsection (1) , a person is to make a declaration that he or she has not already voted at the election.

118 Issuing declaration vote

(1)  If a person referred to in section 115 , 116 or 117 requests a declaration vote and the person indicates that he or she has not already voted at the election, an election official appointed for the purpose of issuing declaration votes is to provide that person with an approved declaration vote envelope.

(2)  The person is to make the declaration required under section 115 , 116 or 117 on the declaration vote envelope.

(3)  The person is to provide, on the declaration vote envelope, such details in respect of the person as may be approved for the purposes of –

(a) deciding whether to admit the vote; or

(b) amending the enrolment details in respect of that person; or

(c) enrolling the person on the electoral roll.

(4)  The election official is to –

(a) witness the person make the declaration required under subsection (2) ; and

(b) issue the person with a ballot paper, which has been initialled by the election official; and

(c) instruct the person as to the approved procedure by which he or she is to –

(i) mark his or her vote on the ballot paper; and

(ii) place the ballot paper in the declaration vote envelope; and

(iii) place the declaration vote envelope in a ballot box; and

(d) keep a record, in an approved manner, of all persons issued with a ballot paper by the election official under this section.

Division 8 General provisions at polling places and other places where ballot papers are sorted, checked or counted

119 Powers of returning officer, election official and police officer at polling place or place where ballot material is sorted, checked or counted

(1)  A returning officer, an election official or a police officer has and may exercise such powers as may be necessary to maintain order and keep the peace at or in the immediate vicinity of a polling place or a place where ballot material is being sorted, checked or counted.

(2)  Without limiting any other powers conferred on him or her by law, a returning officer, an election official or a police officer may remove or cause to be removed from –

(a) a polling place or its immediate vicinity; or

(b) a place where ballot material is being sorted, checked or counted or its immediate vicinity –

a person who he or she believes on reasonable grounds is committing, has committed or is attempting to commit an offence under this Act.

(3)  Without limiting any other powers conferred on him or her by law, a police officer may without warrant arrest or cause to be arrested a person who he or she believes on reasonable grounds is committing, has committed or is attempting to commit an offence under this Act at or in the immediate vicinity of a polling place or a place where ballot material is being sorted, checked or counted.

120 Persons entitled to be present at polling place or place where ballot material is sorted, checked or counted

(1)  Except as provided in subsection (2) , the only persons who are entitled to be present at a polling place or other place where ballot material is sorted, checked or counted are –

(a) the election officials appointed to work at that place; and

(b) scrutineers appointed in accordance with section 104 ; and

(c) any other person authorised by the Commissioner, the returning officer for the division or the election official in charge of that place.

(2)  Electors who are voting or are about to vote are entitled to be present at a polling place.

121 Ballot box to be exhibited and sealed

(1)  At the commencement of polling at a polling place the empty ballot box is to be exhibited and securely fastened in the approved manner.

(2)  In the case of a ballot box used for mobile polling, the empty ballot box is to be exhibited and securely fastened at the commencement of the first mobile polling place at which it is to be used.

122 Close of polling – electors present may vote

If an elector is in a polling place at a time at which polling is to close at that polling place, and desires to vote, he or she is to be allowed reasonable time to vote and the ballot paper is to be included in the poll.

123 Spoilt ballot papers

If an elector returns a ballot paper, which he or she has spoilt, to an election official, the election official is to, in the approved manner –

(a) issue the elector with a new ballot paper; and

(b) cancel and preserve the spoilt ballot paper.

124 Adjournment of polling

(1)  The Commissioner may adjourn the polling at a polling place on polling day if for any reason it is not practicable to proceed.

(2)  If polling is adjourned and the Commission believes that it is not reasonably practicable for an elector affected by the adjournment to cast a vote at another polling place, the Commission is to –

(a) arrange for the adjourned polling to resume as soon as practicable but no later than 21 days after polling day; and

(b) fix a place at which and the hours during which the adjourned polling is to occur; and

(c) as soon as practicable publish, in at least one newspaper approved for the purpose and circulating generally in the division, a notice of the arrangements for the adjourned polling including the place and hours fixed under paragraph (b) .

(3)  [Section 124 Subsection (3) amended by No. 38 of 2023, s. 15, Applied:01 Jul 2024] Where polling at a polling place in a division has been adjourned, only an elector who was entitled to vote on polling day at the election in that division and who has not already voted at that election in that division is entitled to vote at the adjourned polling.

(4)  In this Act, where appropriate, a reference to polling day for an election is taken to include a day on which adjourned polling occurs.

Division 9 Postal voting

125 Entitlement to postal vote

(1)  An elector who is entitled to vote at an election in a division may vote by postal vote if he or she –

(a) expects to be unable to attend a polling place on polling day; or

(b) is an elector whose address is not included on the roll pursuant to section 36(5) .

(2)  When applying for a postal vote, an elector entitled to do so under subsection (1)(a) is to make a declaration that he or she is unable to attend a polling place on polling day.

126 Application for postal vote

(1)  An application for a postal vote is to –

(a) be in accordance with the approved form; and

(b) include such details in respect of the applicant as may be approved for the purpose of identifying the applicant; and

(c) include the address for which the person claims to be enrolled; and

(d) include the address to which the ballot paper is to be sent; and

(e) if required by section 125(2) , include the declaration referred to in that subsection; and

(f) be signed by the applicant or authenticated by another approved method; and

(g) [Section 126 Subsection (1) amended by No. 5 of 2019, s. 7, Applied:01 Jul 2019] be lodged with a returning officer, or a person approved for the purpose, before 4 p.m. on the eighth day before polling day.

(2)  An application for a postal vote is to be made available for public inspection at the office of the returning officer from and including the third day after polling day until the expiration of the relevant period specified in section 150(1) .

(3)  Before making an application available for inspection under subsection (2) , the returning officer is to remove any information other than the elector's name from an application lodged by an elector whose address, pursuant to section 36(5) , does not appear on the roll.

127 General postal voters

(1)  The Commission may approve arrangements to obtain details of electors registered under the Commonwealth Act as general postal voters.

(2)  If the details of an elector are obtained under an arrangement made under subsection (1) , that elector is to be issued with a postal vote in accordance with section 128 as if an application for a postal vote that complies with section 126 had been received.

(3)  [Section 127 Subsection (3) amended by No. 5 of 2019, s. 8, Applied:18 Apr 2019] Subject to subsection (4) , the name and address of electors issued with a postal vote under subsection (2) are to be made available for public inspection at the office of the Commission from and including the third day after polling day until the expiration of the relevant period specified in section 150(1) .

(4)  [Section 127 Subsection (4) substituted by No. 5 of 2019, s. 8, Applied:18 Apr 2019] The address of an elector is not to be made available for public inspection under subsection (3) if that elector's address does not appear on the roll pursuant to section 36(5) .

128 Issue of postal votes

(1)  [Section 128 Subsection (1) amended by No. 38 of 2023, s. 16, Applied:01 Jul 2024] If a returning officer, or a person approved for the purpose, receives an application from a person that complies with section 126 , an election official is to –

(a) [Section 128 Subsection (1) amended by No. 38 of 2023, s. 16, Applied:01 Jul 2024] issue a ballot paper to the applicant to whom the application relates, by providing to the applicant, in accordance with subsection (1A) , the following postal vote material:

(i) a ballot paper which complies with section 96(2) , and which has been initialled by the election official;

(ii) approved instructions for the completion and return of the postal ballot paper;

(iii) a postal vote declaration envelope and any other envelope to be used for the return of the postal ballot paper; and

(b) keep a record, in an approved manner, of all persons issued with a postal ballot paper by the election official under this section.

(1A)  [Section 128 Subsection (1A) inserted by No. 38 of 2023, s. 16, Applied:01 Jul 2024] For the purposes of subsection (1) , the postal vote material is to be provided to an applicant by –

(a) posting the material, or delivering the material by an approved method, to the address that is specified, on the application under section 126 , as the address to which the ballot paper is to be sent; or

(b) providing the material, in person, to the applicant; or

(c) providing the material to a person, who is approved by the Commission, to deliver it, in person, to the applicant.

(2)  The postal ballot paper to be issued under subsection (1) is to be –

(a) for the division in respect of which the person is enrolled; or

(b) if it appears to the election official that the person is not enrolled, for the division applicable to the address for which the person claims to be enrolled.

(3)  Any envelopes used for the issue or return of postal ballot papers are to –

(a) be approved; and

(b) make provision on the postal vote declaration envelope for the voter to sign the required declaration; and

(c) be designed to protect the secrecy of the vote.

129 Issue of replacement postal votes

(1)  [Section 129 Subsection (1) amended by No. 5 of 2019, s. 9, Applied:01 Jul 2019] If an election official is satisfied that a person who has been issued with postal vote material in accordance with section 128(1)(a) has not received, or has spoiled, any of that postal vote material and the person has, before 4 p.m. on the eighth day before polling day, requested the Commission to provide the person with replacement postal vote material, the election official is to issue replacement postal vote material to that person.

(2)  Replacement postal vote material is to be issued in accordance with the procedures in section 128 .

(3)  An election official is to keep a record, in an approved manner, of all persons issued with replacement postal vote material by the election official under this section.

130 Postal voting procedure

(1)  Before the close of poll, the voter, in accordance with the approved instructions, is to –

(a) mark the ballot paper; and

(b) place it in the postal vote declaration envelope provided; and

(c) make and date the declaration on that envelope; and

(d) return the envelope containing the ballot paper by –

(i) delivering it to a polling place before the close of poll; or

(ii) [Section 130 Subsection (1) amended by No. 5 of 2019, s. 10, Applied:18 Apr 2019] posting it to the returning officer before the close of poll.

(2)  The voter's declaration required under subsection (1)(c) is that he or she voted on the ballot paper contained in that envelope.

(3)  [Section 130 Subsection (3) inserted by No. 47 of 2009, s. 9, Applied:06 Nov 2009] The Commission may approve any procedures that are reasonable and appropriate to assist an elector, who is unable to vote without assistance, to vote under subsection (1) .

Division 9A Alternative voting procedures

130A Object of Division 9A

[Section 130A of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025] The object of this Division is to ensure that electors of all abilities and needs are reasonably provided with the opportunity to vote at an election.

130B Interpretation of Division

[Section 130B of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025] In this Division –

accessibility and inclusion organisation means any one or more of the following:

(a) any organisation or peak body that focuses on advocacy, support or services for people with diverse needs (whether from disability, impairment or other circumstances);

(b) any other approved organisation, approved group or approved body;

alternative voting procedures means alternative voting procedures referred to in section 130C(1) .

130C Commission may approve alternative voting procedures

[Section 130C of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025]

(1)  Subject to subsections (2) , (3) and (4) , if the Commission is satisfied that an elector, or a class of electors, does not have a reasonable opportunity to vote at an election under any other provisions of this Act, the Commission may approve any alternative voting procedures that the Commission considers necessary and appropriate to enable the elector, or the class of electors, to vote at an election.

(2)  The Commission may act under subsection (1)  –

(a) on its own motion; or

(b) on the request of an accessibility and inclusion organisation.

(3)  Before taking any action under subsection (1) , the Commission is to, as far as is practicable, consult with any accessibility and inclusion organisation that the Commission considers necessary and appropriate.

(4)  The Commission must not approve any alternative voting procedures under subsection (1) unless the Commission is satisfied that –

(a) the approval is warranted, having regard to –

(i) the practicality and security of the alternative voting procedures; and

(ii) the resources required to establish and maintain the alternative voting procedures; and

(b) as far as practicable, the alternative voting procedures provide for –

(i) the authentication of the vote of an elector; and

(ii) the preservation of the secrecy of the vote of an elector.

(5)  The Commission is to approve procedures to enable a vote cast in accordance with approved alternative voting procedures to be transmitted or forwarded to the Commission.

130D Entitlement to vote by approved alternative voting procedures

[Section 130D of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025] Any elector enabled to vote at an election under approved alternative voting procedures is entitled to vote in accordance with those procedures.

130E Counting of votes cast by approved alternative voting procedures

[Section 130E of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025] Any vote cast by an elector in accordance with approved alternative voting procedures, and transmitted or forwarded to the Commission in accordance with procedures approved under section 130C(5) , is to be counted with the postal votes for the election.

130F Votes from approved alternative voting procedures not to be disclosed

[Section 130F of Part 5 Inserted by No. 9 of 2025, s. 4, Applied:16 May 2025] Any person who becomes aware of how an elector, voting at an election in accordance with approved alternative voting procedures, voted is not to disclose this information to any other person except in accordance with a procedure approved under section 130C(5) .

Division 10 Polling in Antarctica, remote areas and outside Tasmania