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Local Government (Elections) Act 1999
1Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).
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1 Subsection (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).
15—Voters roll
(1) The chief executive officer is responsible for the maintenance of a voters roll for the area.
(2) Subject to this section, the voters roll must set out in relation to each person, body corporate or group enrolled—
(a) in the case of a natural person—the full name of the person and the address of the person's place of residence; and
(b) in the case of a body corporate or group—the full name of the body corporate or group and the full name, residential address and date of birth of the designated person for the body corporate or group; and
(c) the address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and
(d) at the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under Part 9; and
(e) any prescribed particulars.
(3) If the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll.
(4) If the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985, the chief executive officer must also suppress that address from the voters roll.
(5) If an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote.
(5a) Subject to subsection (5b), the voters roll expires on 1 January in each year in which a periodic election is to be held and a fresh voters roll is to be prepared after 1 January for the purposes of the election.
• The effect of subsection (5a) is that voters who must apply under section 14 to be enrolled on the roll are required to lodge fresh applications for enrolment prior to each periodic election.
(5b) If a casual vacancy occurs before any time on which the voters roll is to expire under subsection (5a) (the expiry date) but the supplementary election to be held to fill that vacancy will not take place until after the expiry date, for the purposes of the supplementary election, the voters roll is to be taken to continue in existence until the conclusion of the supplementary election.
(6) The voters roll must be maintained in a form that allows for the roll to be brought into an up-to-date form (including by the merger of enrolment information for the House of Assembly) within 2 weeks after the supply of relevant information by the Electoral Commissioner under subsection (10).
(7) The voters roll must be brought up-to-date whenever an election or poll is to be held so as to reflect entitlements as they exist—
(a) in the case of a periodic election—on a day fixed by the returning officer for the close of the roll;
(b) in the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll.
(8) A day that falls within the ambit of subsection (7) will be the closing date for the roll.
(9) The closing date must not be less than—
(a) in the case of the closing date under subsection (7)(a)—13 weeks before polling day for the relevant election;
(b) in the case of the closing date under subsection (7)(b)—8 weeks before polling day for the relevant election or poll.
(10) The Electoral Commissioner—
(a) must, within 7 days after a closing date; and
(b) may, at any other time,
supply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.
• A list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer.
(11) If the area of a council is divided into wards, the list supplied under subsection (10) must differentiate the electors according to the wards in relation to which they are enrolled.
(12) The Electoral Commissioner is entitled to recover as a debt from a council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this section.
(13) The voters roll must be brought up-to-date in accordance with the requirements of subsection (7) within 3 weeks after the relevant closing date.
(13a) For the purposes of subsection (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this section.
(14) A council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the council.
(15) At any time between the close of nominations and polling day for an election, a nominated candidate for the election (other than a candidate declared elected under section 25(1) or (1a)) is entitled to obtain from the returning officer a copy of the voters roll for the area (and the nominated candidate may, during that period, obtain further copies of the voters roll from the returning officer on payment of the fees fixed by the returning officer).
(16) The chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll.
(17) The chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this section and is entitled to assume that such a list is accurate.
(18) The validity of a voters roll is not affected by a misdescription or other error in the roll.
(19) A voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is used.1
(20) If a copy of the voters roll is provided to a person under this section, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.
Maximum penalty: $10 000.
1 Part 5 is also relevant to determining entitlements to vote.