1
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales act
This Act sets the procedural timetable and places for Senate elections in New South Wales. It gives the Governor the power to fix key dates (writ, roll close, nomination, polling and return), sets nomination and polling windows (including a rule if a nominated candidate dies), requires Saturday polling and fixed polling hours, and makes the Australian Electoral Officer’s office the place of nomination.
It affects electors, candidates and electoral officers: the Governor decides the schedule, candidates and voters must meet the statutory time limits, and electoral officers run nominations and polling under those constraints.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Senators’ Elections Act 1903.
2 (Repealed)
3 Power to fix dates for election and place of nomination
For the purpose of elections of Senators for New South Wales of the Parliament of the Commonwealth, the Governor may, from time to time, by order published in the Gazette, fix the dates for:
the issue of the writ,
the close of the electoral rolls,
the nomination of the candidates,
the polling, and
the return of the writ.
s 3: Am 1984 No 112, Sch 1 (1).
4 (Repealed)
4A Date of nomination
(1) Subject to subsection (2), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.
(2) Where a candidate for an election dies, after being nominated and before 12 o’clock noon on the day fixed as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of section 4B, be taken to be the day next succeeding the day so fixed.
s 4A: Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 [1].
4B Date of polling
The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination.
s 4B: Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 [2].
4C Polling to be on a Saturday
The day fixed for the polling shall be a Saturday.
s 4C: Ins 1984 No 112, Sch 1 (2).
4D Date of return of writ
The date fixed for the return of the writ shall not be more than 100 days after the issue of the writ.
s 4D: Ins 1984 No 112, Sch 1 (2). Am 1988 No 92, Sch 19 (1).
5 Writs
(1) The writ shall specify the date for:
(a) the close of the electoral rolls,
(b) the nomination,
(c) the polling, and
(d) the return of the writ.
(2) The writ shall be deemed to have been issued at the hour of 6 o’clock in the afternoon of the day on which the writ was issued.
s 5: Subst 1984 No 112, Sch 1 (2).
6 Time for nomination
Nomination may be made at any time after the issue of the writ but before twelve o’clock noon on the day of nomination.
7 Polling places
The polling shall be taken at all polling places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.
8 Hours of polling
The poll shall be open at 8 o’clock in the morning, and shall not close until all electors in the polling booth at 6 o’clock in the afternoon and desiring to vote have voted.
s 8: Am 1912 No 75, sec 4; 1984 No 112, Sch 1 (3).
9 Power to extend time and make provision to meet difficulties
(1) Notwithstanding any other provision of this Act, before or after the day appointed for the polling the Governor may, by notice published in the Gazette, provide for extending the time for holding the election or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provision so made shall be valid and sufficient and any date provided for in lieu of a date specified by the writ shall be deemed to be the date so specified.
(2) (Repealed)
s 9: Am 1984 No 112, Sch 1 (4); 1988 No 92, Sch 19 (2).
10 Place of nomination
The office of the Australian Electoral Officer for the State shall be the place of nomination for the election.
s 10: Ins 1984 No 112, Sch 1 (5).
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Senators’ Elections Act 1903.
2 (Repealed)
s 2: Rep 2007 No 1, Sch 1 [2].
3 Power to fix dates for election and place of nomination
For the purpose of elections of Senators for New South Wales of the Parliament of the Commonwealth, the Governor may, from time to time, by order published in the Gazette, fix the dates for:
the issue of the writ,
the close of the electoral rolls,
the nomination of the candidates,
the polling, and
the return of the writ.
s 3: Am 1984 No 112, Sch 1 (1).
4 (Repealed)
s 4: Am 1912 No 75, secs 2, 3. Subst 1984 No 112, Sch 1 (2). Rep 2007 No 1, Sch 1 [3].
4A Date of nomination
(1) Subject to subsection (2), the date fixed for the nomination of the candidates shall not be less than 10 days nor more than 27 days after the date of the writ.
(2) Where a candidate for an election dies, after being nominated and before 12 o’clock noon on the day fixed as the date of nomination for the election, the day fixed as the date of nomination for the election shall, except for the purposes of section 4B, be taken to be the day next succeeding the day so fixed.
s 4A: Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 [1].
4B Date of polling
The date fixed for the polling shall not be less than 23 days nor more than 31 days after the date of nomination.
s 4B: Ins 1984 No 112, Sch 1 (2). Am 2000 No 93, Sch 1.24 [2].
4C Polling to be on a Saturday
The day fixed for the polling shall be a Saturday.
s 4C: Ins 1984 No 112, Sch 1 (2).
4D Date of return of writ
The date fixed for the return of the writ shall not be more than 100 days after the issue of the writ.
s 4D: Ins 1984 No 112, Sch 1 (2). Am 1988 No 92, Sch 19 (1).
5 Writs
(1) The writ shall specify the date for:
(a) the close of the electoral rolls,
(b) the nomination,
(c) the polling, and
(d) the return of the writ.
(2) The writ shall be deemed to have been issued at the hour of 6 o’clock in the afternoon of the day on which the writ was issued.
s 5: Subst 1984 No 112, Sch 1 (2).
6 Time for nomination
Nomination may be made at any time after the issue of the writ but before twelve o’clock noon on the day of nomination.
7 Polling places
The polling shall be taken at all polling places within the State appointed under the law of the Commonwealth for the time being in force for the regulation of Parliamentary elections.
8 Hours of polling
The poll shall be open at 8 o’clock in the morning, and shall not close until all electors in the polling booth at 6 o’clock in the afternoon and desiring to vote have voted.
s 8: Am 1912 No 75, sec 4; 1984 No 112, Sch 1 (3).
9 Power to extend time and make provision to meet difficulties
(1) Notwithstanding any other provision of this Act, before or after the day appointed for the polling the Governor may, by notice published in the Gazette, provide for extending the time for holding the election or for returning the writ, or meeting any difficulty which might otherwise interfere with the due course of the election; and any provision so made shall be valid and sufficient and any date provided for in lieu of a date specified by the writ shall be deemed to be the date so specified.
(2) (Repealed)
s 9: Am 1984 No 112, Sch 1 (4); 1988 No 92, Sch 19 (2).
10 Place of nomination
The office of the Australian Electoral Officer for the State shall be the place of nomination for the election.
s 10: Ins 1984 No 112, Sch 1 (5).