QLDIn ForceAct
Local Government Electoral Act 2011
sec.123SElectoral commission to decide number of enrolled electors for election
Start here
Get a plain-English read of sec.123S
Turn the raw legal text into a practical explanation grounded in Local Government Electoral Act 2011.
### sec.123S Electoral commission to decide number of enrolled electors for election
The number of enrolled electors , for an election, is the number of persons decided by the electoral commission under this section to be the number of enrolled electors for the election.
The number decided by the electoral commission under subsection (1) must be—
for an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or
for an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or
for an election for a councillor (other than mayor) of a division of a local government’s area—
if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)—
where—
A is the number of persons.
B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election.
C is the total number of councillors to be elected for the election for the local government’s area.
D is the number of councillors to be elected for the division of the local government’s area; or
if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.
The relevant day , for an election, is—
for a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or
for a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or
for a fresh election—
if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or
otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .
However, if the capped expenditure period for a quadrennial election starts on a day prescribed by regulation under section 123A (2) , the relevant day for the quadrennial election is a day prescribed by regulation for this subsection.
The electoral commission must publish notice of the number of enrolled electors for an election on the electoral commission’s website—
for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or
for a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or
for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
This section does not apply in relation to an election for the Brisbane City Council.
s 123S ins 2023 No. 8 s 41
(sec.123S-ssec.1) The number of enrolled electors , for an election, is the number of persons decided by the electoral commission under this section to be the number of enrolled electors for the election.
(sec.123S-ssec.2) The number decided by the electoral commission under subsection (1) must be— for an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or for an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or for an election for a councillor (other than mayor) of a division of a local government’s area— if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.
(sec.123S-ssec.3) The relevant day , for an election, is— for a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or for a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election— if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .
(sec.123S-ssec.4) However, if the capped expenditure period for a quadrennial election starts on a day prescribed by regulation under section 123A (2) , the relevant day for the quadrennial election is a day prescribed by regulation for this subsection.
(sec.123S-ssec.5) The electoral commission must publish notice of the number of enrolled electors for an election on the electoral commission’s website— for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or for a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .
(sec.123S-ssec.6) This section does not apply in relation to an election for the Brisbane City Council.
- (a) for an election of the mayor of a local government—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or
- (b) for an election for a councillor (other than mayor) of a local government whose local government area is undivided—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election; or
- (c) for an election for a councillor (other than mayor) of a division of a local government’s area— (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.
- (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or
- (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.
- (i) if the election is a quadrennial election or fresh election—the number of persons worked out by using the following formula and rounding the result to the nearest whole number (rounding one-half upwards)— where— A is the number of persons. B is the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the local government’s area as at the relevant day for the election. C is the total number of councillors to be elected for the election for the local government’s area. D is the number of councillors to be elected for the division of the local government’s area; or
- (ii) if the election is a by-election—the number of persons enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the division of the local government’s area as at the relevant day for the election.
- (a) for a quadrennial election—1 July in the year immediately before the year in which the quadrennial election must be held under section 23 (1) ; or
- (b) for a by-election—the first day of the month in which notice of the day of the by-election is published on the electoral commission’s website under section 24 (3) ; or
- (c) for a fresh election— (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .
- (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or
- (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .
- (i) if, when notice of the election is published under section 25 (1) , the capped expenditure period for a quadrennial election has started—the day the capped expenditure period started; or
- (ii) otherwise—the first day of the month in which notice of the election is published on the electoral commission’s website under section 25 (1) .
- (a) for a quadrennial election—as soon as practicable after the relevant day for the election but no later than the day before the capped expenditure period for the election starts; or
- (b) for a by-election—on the day notice of the day of the election is published on the electoral commission’s website under section 24 (3) ; or
- (c) for a fresh election—on the day notice of the election is published on the electoral commission’s website under section 25 (1) .