31AMeaning of “number of enrolled electors for local government area or ward”

#### 31A Meaning of “number of enrolled electors for local government area or ward” 31A Meaning of “number of enrolled electors for local government area or ward” > > (1) For the purposes of section 31, the number of enrolled electors for a local government area or ward for an election for a local government area or ward is the number determined by the Electoral Commissioner in accordance with this section. > > > (2) Timing of determination The Electoral Commissioner is to make the determination as soon as is reasonably practicable after the following date in relation to an election for a local government area or ward— > > > > > (a) in the case of an ordinary election of councillors under section 287(1) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, > > > > > (b) in relation to any other election—the date that the election day for the election is first determined or specified by proclamation. > > > (3) “Relevant date” for determination The relevant date for an election for a local government area or ward is— > > > > > (a) in the case of an ordinary election of councillors under section 287(1) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and any election of a mayor by the electors held on the same day—the date that is 12 months before the election day for the election, or > > > > > (b) in relation to any other election— > > > > > > > (i) the date of the previous general election for the local government area concerned, or > > > > > > > (ii) if no general election for the local government area concerned has previously been held—the date that the election day for the election is first specified by proclamation. > > > (4) The number of enrolled electors for a local government area for an election is the sum of the following as at the relevant date— > > > > > (a) the number of electors on the residential roll for the area, > > > > > (b) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the area who must vote at the election if the election is contested. > > > > > > Note. > > > > > > See section 286 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and section 22 of the [City of Sydney Act 1988](/view/html/inforce/current/act-1988-048) regarding compulsory voting at local government elections. > > > (5) The number of enrolled electors for a ward for an election is to be determined as follows— > > > > > (a) the sum of the following for each ward in the local government area concerned as at the relevant date is to be calculated— > > > > > > > (i) the number of electors on the residential roll for the ward, > > > > > > > (ii) the number of electors on the non-residential roll and the roll of occupiers and ratepaying lessees for the ward who must vote at the election if the election is contested, > > > > > > > > Note. > > > > > > > > See section 286 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and section 22 of the [City of Sydney Act 1988](/view/html/inforce/current/act-1988-048) regarding compulsory voting at local government elections. > > > > > (b) the number of enrolled electors for each ward in that local government area is the highest number calculated under paragraph (a). > > > (6) The general manager of a local council is, on request, to provide the Electoral Commissioner with the latest copy of the non-residential roll and of the roll of occupiers and ratepaying lessees for the purposes of this section. > > > (7) Electoral Commission to publish number of enrolled electors for elections The Electoral Commission must, before the commencement of the capped local government expenditure period for an election for a local government area or ward, publish on its website the following information in relation to the election— > > > > > (a) the number of enrolled electors for the local government area or ward determined in accordance with this section, > > > > > (b) the corresponding applicable caps that apply to the local government area or ward. > > > (8) Electoral Commission to notify candidates of number of enrolled electors for elections The Electoral Commission, as soon as is reasonably practicable after the later of the following occurs— > > > > > (a) the registration of a person as a candidate on a Local Government Register of Candidates for an election under Part 7, > > > > > (b) the determination of a number of enrolled electors at the election for a local government area or ward for which a person is registered as a candidate, > > > > is to provide the person with the following information in relation to the election— > > > > > (c) the number of enrolled electors for the local government area or ward determined in accordance with this section, > > > > > (d) the corresponding applicable caps that apply to the local government area or ward. > > > (9) Regulations may deal with determinations and redeterminations in certain circumstances The regulations may deal with the following— > > > > > (a) failures by general managers of local councils to comply with requests for copies of rolls under this section, > > > > > (b) the redetermination of the number of enrolled electors for a local government area or ward if the local council concerned divides its area into wards, abolishes all its wards, changes its number of wards or alters its ward boundaries, > > > > > (c) the provision of information to the Electoral Commissioner by general managers of local councils, > > > > > (d) the determination or redetermination of the number of enrolled electors for a local government area or ward for an election if the election is delayed or postponed (including, without limitation, a delay or postponement of an election under section 288 or Part 6A of Chapter 10 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)). > > **s 31A:** Ins 2019 No 18, Sch 1\[2\].