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**Why it matters (stated purpose, then practical test)

• Stated purpose: to prescribe the detailed procedures needed to conduct lawful, consistent and transparent local government elections under the Local Government Act 1995 (see whole instrument; e.g. regs 1–5 and Part 14 on declaration of results). These regulations operationalise the Act — who may vote, how people nominate, how votes are cast and counted, what records are kept and what disclosures are required.

• Practical effects, trade‑offs and mechanics to watch (examples with section references):

  • Eligibility and enrolment: the regulations tighten and spell out evidence and thresholds for owners/occupiers enrolment (reg 10A sets floor‑area and security tests; regs 12A–12D prescribe evidence, rent thresholds and continuity requirements). Trade‑off: greater specificity reduces ambiguity for ROs but creates documentary and compliance burden for small business occupiers who must prove occupation and meet rent/area thresholds.
  • Voting methods and access: the rules permit postal, absent, early and in‑person voting with detailed safeguards (regs 36–59, 43, 52–52A). Benefit: wider access and convenience; cost: extra administrative checking and secure handling obligations for ROs (reg 51 on supervision/secure custody). There are criminal penalties for interfering with voters or mishandling postal packages (regs 49, 50).
  • Transparency vs privacy: candidates must disclose gifts of $300+ and the CEO must publish an electoral gift register (regs 30A, 30B, 30F, 30G). This improves public visibility of financial support for campaigns but imposes reporting duties on candidates and creates handling and publication choices for CEOs (reg 30G(6) limits published addresses to town/suburb to protect privacy).
  • Technology and integrity: electronic counting systems are authorised but constrained — ROs may use them (reg 75B) and can set up electronic counting places (reg 75C), but mandatory re‑count rules exclude use where an approved electronic system has been used and verified per the Electoral Commissioner’s approval and double‑entry verification (reg 75V(3)). Implementation risk: approved systems and verification processes must be in place to rely on them instead of manual recounts.
  • Close results and recounts: the regulations prescribe numerical thresholds and circumstances that trigger mandatory full re‑counts (Part 12D, regs 75W–75Y). That reduces post‑result uncertainty but creates predictable re‑count costs when outcomes are tight.
  • Record‑keeping and data deletion: candidates and council members who receive copies of rolls must destroy or delete them within defined periods and attest by statutory declaration (reg 22AA). That protects elector data but creates legal obligations and potential penalties (fines and daily penalties for non‑compliance in reg 22AA(4)–(7)).

**Who pays and who decides

• Who pays: local governments fund election expenses unless the Electoral Commissioner is responsible and cost recovery arrangements are agreed (regs 9(2)–(3), 26(4)). Candidates pay nomination deposits ($100) and must meet disclosure obligations (regs 26–29, Part 5A). Donors provide gifts (regs 30A–30F). Electors bear postage/time costs for postal votes if posted late (reg 13 instructions; return deadlines at regs 43, 51).
• Who decides: ROs and CEOs exercise day‑to‑day discretion on many operational matters (e.g. consolidating rolls reg 18, adopting electoral code of conduct reg 8, accepting/rejecting enrolment claims regs 12A, 13). The Electoral Commissioner has oversight roles including approving forms, accepting responsibility for conducting elections, and approving electronic counting systems (regs 7(2), 9, 22, 75V(3)). Courts (Court of Disputed Returns) determine disputed returns (Part 15, regs 84–87).

**Behaviour changes these rules create

• Candidates must complete induction, pay deposits, prepare profiles and disclose gifts (regs 22B, 26–29, 24, Part 5A), altering campaign administration.
• Owners/occupiers who want voting rights must collect and lodge documentary proof and, in some cases, meet rent/area thresholds (regs 10A, 12B–12C) — that changes who will realistically attempt owners/occupiers enrolment.
• ROs and CEOs must run more structured checks (postal, provisional, absent) and keep stricter records, and must manage publication and deletion obligations (regs 43, 52, 82, 22AA).

**Implementation risk and compliance burden (brief)

• Complexity for local governments: many detailed procedural steps, forms (Schedule 1) and timelines (e.g. close of nominations, issuing packages) require administrative capacity.
• Technical risk: electronic counting requires approved systems and verification to avoid triggering manual recount rules (reg 75V(3)).
• Candidate/reporting burden: gift disclosure deadlines are tight (reg 30D) and failures carry significant fines (regs 30BA, 30B).

Selected notable provisions (quick reference)

• Nominations, deposits and candidate profiles: regs 23–29, Form 8–9 (deposit $100 — reg 26).
• Owners/occupiers enrolment tests and evidence: reg 10A, regs 12A–12D.
• Disclosure of gifts and electoral gift register: Part 5A (regs 30A–30I, Form 9A).
• Postal voting procedures and checks: Part 8 (regs 36–52A, Forms 12–15).
• Electronic counting and counting places: regs 75B–75C.
• Drawing lots (ties) procedures: Part 12C (regs 75E–75T).
• Mandatory re‑counts and thresholds: Part 12D (regs 75U–75Y).
• Record retention, destruction and inspection: regs 17, 82 and 22AA.

(References above are to regulation numbers in the Local Government (Elections) Regulations 1997.)

18. Consolidation of residents roll with owners and occupiers roll — s. 4.38(1) 33

19. District rolls, ward rolls and combined ward rolls — s. 4.38(2) 33

20. Elector’s details on roll — s. 4.38(2) 34

21. Form of rolls — s. 4.38(2) 35

21A. Supply of rolls to members of council — s. 4.42(2) 35

22. Supply of rolls to candidates — s. 4.42(2) 36

22AA. Destruction and deletion of copies of rolls — s. 4.42(3) 36

22A. Certification of corrections to roll — s. 4.43(4) 40

Part 5 — Nominations

22B. Course of induction — s. 4.48(1) and (2) 41

23. Means of sending nomination or withdrawal — s. 4.49(a) and s. 4.53(2)(a) 41

24. Candidate’s profile — s. 4.49(b) 41

25. Evidence of candidate’s consent to nomination or withdrawal — s. 4.49(c) and s. 4.53(2)(b) 42

26. Deposits — s. 4.49(d) and s. 4.50 43

27. Cases in which deposits refunded — s. 4.50 43

28. How deposits refunded — s. 4.50 44

29. Local government to retain deposits in other cases 45

29A. Publication of information about candidates — s. 4.52 46

30. Drawing lots for positions on ballot paper — s. 4.56(a) 47

Part 5A — Disclosure of gifts

30A. Terms used 49

30BA. Candidates not to receive gifts from unidentified donors 50

30B. Candidates to disclose gifts — s. 4.59 50

30C. Disclosure period 51

30D. Manner and time of disclosure 52

30F. Information to be provided 53

30G. Electoral gift register 53

30H. Public to have access to electoral gift register 54

30I. Offence to publish information in certain cases 54

Part 6 — Election notices

31. Contents of election notice — s. 4.64 56

32. Other notices 57

Part 7 — Ballot papers

33. RO to print ballot papers — s. 4.71(1)(a) 58

Part 8 — Postal voting

Division 1 — Application to vote by post — s. 4.71(1)(c)

36. No application required for postal election 59

37. How to apply to vote by post at voting in person elections 59

38. How applications dealt with 60

39. Notice of rejection 60

40. Postal voters register 60

Division 2 — Issue of postal voting papers — s. 4.71(1)(c)

41. Postal election 61

42. Voting in person election 61

43. Contents of election package 61

44. Time and record of issue of election packages 62

45. How to apply for postal voting papers to replace missing or spoilt papers 63

46. How to apply for provisional postal voting papers 64

47. Elections on same day 65

Division 3 — How postal voting papers are to be completed, transmitted and dealt with — s. 4.71(1)(d)

48. Voting instructions to be followed 66

49. Candidates not to assist or interfere with electors 66

50. Duty to send or deliver voting papers 66

51. Times and places for checking postal voting papers 66

52. Procedure for checking postal voting papers 67

52A. Preparation of postal ballot papers for count 69

Part 9 — Absent voting and early voting

Division 1 — Application — s. 4.67

53. Application of Part — voting in person elections only 70

Division 2 — Absent voting — s. 4.71(1)(e)

54. How to apply for absent voting papers 70

55. Issue of absent voting papers 70

56. How to complete absent voting papers 71

57. Elections on same day 71

58. How completed absent voting papers dealt with 72

Division 3 — Early voting — s. 4.71(1)(e)

59. How to cast an early vote 73

Part 10 — Voting in person

Division 1 — Application

60. Application 74

Division 2 — Obtaining ballot papers — s. 4.71(1)(f)

61. How to obtain ballot paper to vote in person on election day 74

62. How to obtain provisional ballot paper 75

63. Spoilt ballot papers 76

64. Ballot papers to be authentic 76

Division 3 — Voting arrangements — s. 4.71(1)(g) and (i)

65. Arrangements for secret voting 77

66. Marking and dealing with ballot paper 77

67. Assistance to be given to electors who cannot otherwise vote 78

68. Checking provisional voting papers 79

Part 11 — Scrutineers

69. Appointment of scrutineers and declarations by them — s. 4.71(1)(j) 81

70. Verification of appointment — s. 4.71(1)(j) 82

71. Rights of scrutineers — s. 4.71(1)(j) 82

72. Restrictions on scrutineers — s. 4.71(1)(j) 83

Part 12 — Delay or interruption of election

73. Adjournment or postponement of poll — s. 4.71(1)(k) 84

74. Notice of postponement or adjournment — s. 4.71(1)(k) 85

75. Security of papers during adjournment — s. 4.71(1)(k) 85

Part 12A — Electronic counting of votes

75B. Use of electronic counting system 86

75C. Electronic counting places 86

Part 12B — Acceptance of ballot papers

75D. Circumstances in which RO must accept ballot paper in election with more than 2 candidates — s. 4.75 88

Part 12C — Drawing of lots

Division 1 — Preliminary

75E. Steps for drawing lots 89

75F. References to Schedules 90

Division 2 — Provisions for Schedule 4.1A

75G. Drawing lots under Sch. 4.1A cl. 5(3) 90

75H. Drawing lots under Sch. 4.1A cl. 8(3) 91

75I. Drawing lots under Sch. 4.1A cl. 11(4)(b) 92

Division 3 — Provisions for Schedule 4.1B

75J. Drawing lots under Sch. 4.1B cl. 3(3)(b) 93

75K. Drawing lots under Sch. 4.1B cl. 4(4) 94

75L. Drawing lots under Sch. 4.1B cl. 5(5)(b) 94

Division 4 — Provisions for Schedule 4.1

75M. Drawing lots under Sch. 4.1 cl. 2(2) 95

75N. Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be excluded 95

75O. Drawing lots under Sch. 4.1 cl. 5(6): determining candidate to be elected 95

75P. Drawing lots under Sch. 4.1 cl. 13(3) 96

75Q. Drawing lots under Sch. 4.1 cl. 15(2)(b) 96

75R. Drawing lots under Sch. 4.1 cl. 16(3) 97

Division 5 — Provisions for Schedule 4.2

75S. Drawing lots under Sch. 4.2 cl. 6, 7, 7A(a)(ii) or (d)(ii) or 7B(b) 97

75T. Drawing lots under Sch. 4.2 cl. 8(b) or 9(a) 99

Part 12D — Mandatory re‑counts

Division 1 — Preliminary

75U. Terms used 101

75V. Application of Part 101

Division 2 — Circumstances in which RO must arrange full re‑count

75W. One office election: 2 candidates 102

75X. One office election: 3 or more candidates 103

75Y. Election for 2 or more councillors 104

Part 13 — Other matters relating to the holding of an election

76. Provision, design and preparation of ballot boxes — s. 4.71(1)(h) 106

77. Ballot boxes used on election day — s. 4.71(1)(h) 106

78. Exempt electoral material — s. 4.87 107

79. Display of candidates’ profiles 107

Part 14 — Declaring the election result and subsequent matters

80. Declaration and notice of result — s. 4.77 108

80AA. Declaration and notice required under Sch. 4.1A cl. 19 110

80AB. Declaration and notice required under Sch. 4.1B cl. 1(5) 111

81. Report to Minister — s. 4.79 112

82. Keeping election papers — s. 4.84(a) 112

83. Inspection of election papers — s. 4.84(b) 113

Part 15 — Disputed returns

84. How invalidity complaints made — s. 4.81(2) 114

85. Declarations that Court can make — s. 4.81(2) 114

86. Notice and report of effect of Court’s decision — s. 4.81(2) and (4) 115

86A. Publication of Court’s declaration under s. 4.81(5)(a) — s. 4.81(5)(b)(ii) 115

87. Orders as to costs — s. 4.81(2) 116

Part 15A — Provisions for Schedule 4.1A of Act

Division 1 — Provisions for Schedule 4.1A clause 2(4) of Act

87A. Declaration and notice of election 117

Division 2 — Provisions for Schedule 4.1A clause 18 of Act

Subdivision 1 — Preliminary

87B. Terms used 117

Subdivision 2 — Notifications

87C. Notification from CEO to candidate 118

87D. Notification from candidate to CEO 120

87E. Copies of notifications to be provided to Minister 121

Subdivision 3 — Extension of time periods

87F. Extension to take account of delay in CEO becoming aware of vacancy 122

87G. Extension to take account of method of notification used by CEO 122

87H. Extension to take account of method of notification used by candidate 123

87I. Consequential extensions 124

Part 16 — Polls and referendums

88. Election procedures apply to polls and referendums not required under Act — s. 4.99(3) and (4) 125

89. Election procedures need not be applied in certain cases — s. 4.99(2) to (4) 125

89A. Local government specified in order under s. 4.1C or 4.1D — s. 4.99(2) and (3) 126

90. Electoral Commissioner may assist 126

91. Expenses of Electoral Commissioner — s. 2.12A(2)(c) 126

92. Declaration and notice of results of poll under s. 2.12A 126

Part 16A — Transitional provisions

Division 1 — Provisions for Local Government Amendment Act 2023, Local Government Regulations Amendment Regulations (No. 2) 2023 and Local Government Regulations Amendment Regulations (No. 3) 2023

92A. Terms used 128

92B. Pre‑21 October 2023 elections 128

92C. Pre‑21 October 2023 Schedule 2.3 elections 129

92D. Pre‑existing councillor vacancies 130

92E. Non‑resident owners and occupiers 130

92F. Enrolment under Sch 9.3 cl. 12 of Act 133

Division 2 — Provisions for Local Government Amendment Act 2024 and Local Government Regulations Amendment Regulations (No. 2) 2025

92G. Non‑resident owners and occupiers 133

92H. Provision relating to s. 4.51(1)(ba) 134

Division 3 — Provisions for Local Government (Elections) Amendment Regulations 2025

92I. Pre‑18 October 2025 elections 134

Schedule 1 — Forms

Notes

Compilation table 190

Other notes 192

Defined terms

Local Government Act 1995

Local Government (Elections) Regulations 1997

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Local Government (Elections) Regulations 1997.

2. Application

(1) These regulations apply in relation to the elections the polls for which will be held on 3 May 1997 and to any subsequent election.

(2) Regulation 88 does not apply in relation to any poll or referendum for which preparations were started before the commencement of these regulations.

3. Terms used

In these regulations —

authorised postal address, in relation to a person who makes, or has made, an enrolment eligibility claim, means the postal address (if any) set out in the claim under regulation 12A(2)(d), subject to regulation 13B(2) to (8);

Commonwealth enrolment address, in relation to a person, means the address of the residence in respect of which the person —

(a) is enrolled as an elector for the House of Representatives; or

(b) is regarded as being so enrolled under section 4.30(2);

contact number includes a phone number, fax number or electronic mail address;

councillor election means the election of a councillor or councillors of a local government whether for a ward or not;

election package means an election package referred to in regulation 43;

election papers means —

(a) marked‑off electoral rolls used for the election; and

(b) nominations, ballot papers, declarations, and postal voting packages used for the election; and

(ba) a paper record that shows the number of first‑preference votes that each candidate in the election had; and

(bb) if the result of the election is ascertained under Schedule 4.1 clause 5 of the Act — a paper record that shows —

(i) each candidate who was excluded under Schedule 4.1 clause 5(2)(a) of the Act; and

(ii) details of the setting aside or transfer of ballot papers under Schedule 4.1 clause 5(2)(b) or (c) of the Act; and

(iii) the number of votes that each candidate who was not excluded had on the last count under Schedule 4.1 clause 5(2)(d) of the Act;

and

(bc) if the result of the election is ascertained under Schedule 4.1 Division 3 of the Act — a paper record that shows —

(i) for each candidate who was elected — the number of votes that the candidate had when they were elected; and

(ii) details of any transfers of surplus votes under Schedule 4.1 clause 9 or 10 of the Act; and

(iii) each candidate who was excluded under Schedule 4.1 clause 11 of the Act and details of the transfer of the candidate’s first‑preference votes and preference votes under that clause; and

(iv) for each candidate who was neither elected nor excluded — the number of votes that the candidate had when the last office to be filled at the election was filled; and

(v) details of the setting aside of any ballot papers under Schedule 4.1 clause 17 of the Act;

and

(bd) a paper record that shows details of any matter required to be declared under Schedule 4.1A clause 19 of the Act or Schedule 4.1B clause 1(5) of the Act;

(c) any other papers required by these regulations to be kept as part of the record of the election, other than ‘disclosure of gifts’ forms completed due to the operation of Part 5A; and

(d) copies of notices and other formal documents that the RO considers to be appropriate for inclusion in the record of the election;

electronic counting place has the meaning given in regulation 75C(1A);

electronic counting system means an electronic system to be used in counting votes, which may include either or both of the following —

(a) a process for recording votes indicated on ballot papers;

(b) a counting system for ascertaining any of the following —

(i) the number of first‑preference votes that each candidate has;

(ii) the number of votes that a candidate has on a count under Schedule 4.1 clause 5(2)(d) of the Act;

(iii) the result of any transfer of surplus votes under Schedule 4.1 clause 9 or 10 of the Act;

(iv) the result of any transfer of first‑preference votes or preference votes under Schedule 4.1 clause 11 of the Act;

enrolment address, in relation to a person, means —

(a) the person’s State enrolment address; or

(b) if the person has no State enrolment address — the person’s Commonwealth enrolment address;

enrolment eligibility claim means a claim under section 4.32;

first‑preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;

Form, if followed by a designation, means the form of that designation in Schedule 1;

officer, in relation to a body corporate, has the meaning given in section 4.31(1GA);

owners and occupiers register means the register referred to in section 4.32(6);

portion of rateable property means a portion of rateable property as described in section 4.31(1D)(a) or (b);

postal election has the meaning given in section 4.61(1);

postal voters register has the meaning given by regulation 40(1);

preference vote has the meaning given in Schedule 4.1 clause 1 of the Act;

principal office election means the election of a mayor or president of a local government;

RO means the returning officer of the local government;

section means a sectio

This is an opening excerpt, not the complete document.