Local Government Electoral Regulation 2012

pt 1 hdg ins 2017 SL No. 127 s 4

1Short title

This regulation may be cited as the Local Government Electoral Regulation 2012.

pt 2 hdg ins 2017 SL No. 127 s 5

2Date of quadrennial election for 2016

For section 23(3) of the Act, the day fixed for the quadrennial election for 2016 is 19 March 2016.

s 2 sub 2014 SL No. 290 s 16

3Electors who may cast an electronically assisted vote—Act, s 68(5B)(c)

(1)For section 68(5B)(c) of the Act, the following classes of electors are prescribed—

(a)special postal voters;

(b)distance voters.

(2)In this section—

distance voter—

(a)means an elector, other than a special postal voter, whose address, as shown on the voters roll, is more than 20km by the nearest practicable route from a polling booth; and

(b)if the election is a by-election—also means an elector who can not, for another reason, vote at a polling booth during the voting period for the by-election.

Examples of an elector for paragraph (b)—

•an elector who will be absent from the elector’s local government area or division of the local government area for the whole of the voting period for the by-election

•an elector who, during the voting period for the by-election, has not yet voted and will be outside Queensland for the remainder of the voting period

voting period, for a by-election, means the period—

(a)starting on the first day that a pre-poll vote may be made for the by-election; and

(b)ending on the close of the poll for the by-election.

s 3 prev s 3 sub 2014 SL No. 290 s 16

om 2015 Act No. 2 s 44

pres s 3 ins 2015 SL No. 143 s 3

amd 2016 SL No. 101 s 3

4Approval of procedure for electronically assisted voting—Act, s 75A(3)(a)

For section 75A(3)(a) of the Act, the procedures set out in the document called ‘‘Electronically assisted voting procedures’ for local government elections’ made by the electoral commission on 15 June 2016 are approved.

s 4 ins 2015 SL No. 143 s 3

amd 2016 SL No. 101 s 4

pt 3 hdg ins 2017 SL No. 127 s 6

5Disclosure date for returns by candidates for gifts or loans received—Act, ss 117 and 120

(1)For sections 117(2) and 120(2) of the Act, the disclosure date for a return for a gift or loan received by a candidate is—

(a)if the gift or loan is received during the relevant period for the candidate—the seventh business day after the relevant period ends; and

(b)otherwise—the seventh business day after the gift or loan is received.

(2)In this section—

relevant period, for a candidate for an election, means the period—

(a)starting on the day the candidate’s disclosure period for the election starts; and

(b)ending on the day before the candidate becomes a candidate in the election.

s 5 ins 2017 SL No. 127 s 6

6Disclosure date for returns by agent for groups of candidates for gifts received—Act, s 118

(1)For section 118(2) of the Act, the disclosure date for a return for a gift received by a member of a group of candidates, or a person acting on behalf of the group, is—

(a)if the gift is received during the relevant period for the group—the seventh business day after the relevant period ends; and

(b)otherwise—the seventh business day after the gift is received.

(2)In this section—

relevant period, for a group of candidates for an election, means the period—

(a)starting on the day the group’s disclosure period for the election starts; and

(b)ending on the day before the group gives a record of the membership of the group to the returning officer under section 41(2) of the Act.

s 6 ins 2017 SL No. 127 s 6

7Disclosure date for returns by agent for groups of candidates for loans received—Act, s 120

(1)For section 120(4) of the Act, the disclosure date for a return for a loan received by a group of candidates is—

(a)if the loan is received during the relevant period for the group—the seventh business day after the relevant period ends; and

(b)otherwise—the seventh business day after the loan is received.

(2)In this section—

relevant period, for a group of candidates for an election, means the period—

(a)starting on the day the group’s disclosure period for the election starts; and

(b)ending on the day before the group gives a record of the membership of the group to the returning officer under section 41(2) of the Act.

s 7 ins 2017 SL No. 127 s 6

8Disclosure date for returns by third parties for expenditure incurred for political activity—Act, s 124

For section 124(2) of the Act, the disclosure date for a return for an amount of expenditure incurred by a third party is the seventh business day after the day the amount of expenditure is incurred.

s 8 ins 2017 SL No. 127 s 6

9Disclosure date for returns by third parties for gifts received to enable expenditure for political activity—Act, s 125

For section 125(2) of the Act, the disclosure date for a return for a gift received by a third party is the seventh business day after the day the gift is applied as described in section 125(1)(b)(ii) of the Act.

s 9 ins 2017 SL No. 127 s 6

10Approval of procedures for electronic lodgement of returns—Act, s 132A

For section 132A(2)(a) of the Act, the procedures set out in the document called ‘Procedure for electronic disclosure’ made by the electoral commission on 25 January 2017 are approved.

s 10 ins 2017 SL No. 127 s 6

pt 4 hdg ins 2017 SL No. 127 s 6

11Gifts or loans received by candidates before commencement

(1)This section applies in relation to a gift or loan received by a candidate during the current disclosure period for the candidate for an election if—

(a)the candidate is required to give a return for the gift or loan under section 117(2) or 120(2) of the Act; and

(b)the gift or loan was received by the candidate before the commencement.

(2)Despite section 5, the disclosure date for sections 117(2) and 120(2) of the Act is the seventh business day after the commencement.

(3)In this section—

current disclosure period means the disclosure period during which this section commences.

s 11 ins 2017 SL No. 127 s 6

12Gifts received by a group of candidates before commencement

(1)This section applies in relation to a gift received by a member of a group of candidates, or a person acting on behalf of the group, during the group’s current disclosure period for an election if—

(a)the group’s agent is required to give a return for the gift under section 118(2) of the Act; and

(b)the gift was received by the member of the group, or the person acting on behalf of the group, before the commencement.

(2)Despite section 6, the disclosure date for section 118(2) of the Act is the seventh business day after the commencement.

(3)In this section—

current disclosure period means the disclosure period during which this section commences.

s 12 ins 2017 SL No. 127 s 6

13Loans received by a group of candidates before commencement

(1)This section applies in relation to a loan received by a group of candidates during the group’s current disclosure period for an election if—

(a)the agent for the group is required to give a return for the loan under section 120(4) of the Act; and

(b)the loan was received by the group before the commencement.

(2)Despite section 7, the disclosure date for section 120(4) of the Act is the seventh business day after the commencement.

(3)In this section—

current disclosure period means the disclosure period during which this section commences.

s 13 ins 2017 SL No. 127 s 6

14Expenditure incurred by third parties for political activity before commencement

(1)This section applies in relation to each amount of expenditure incurred by a third party during the current disclosure period for an election if—

(a)the third party is required to give a return for the amount of the expenditure under section 124(2) of the Act; and

(b)the expenditure was incurred before the commencement.

(2)Despite section 8, the disclosure date for section 124(2) of the Act is the seventh business day after the commencement.

(3)In this section—

current disclosure period means the disclosure period during which this section commences.

s 14 ins 2017 SL No. 127 s 6

15Gifts received by third parties to enable expenditure for political activity before commencement

(1)This section applies in relation to a gift received by a third party to enable the third party to incur expenditure for a political activity during the current disclosure period for an election if—

(a)the third party is required to give a return for the gift under section 125(2) of the Act; and

(b)the gift was applied by the third party as described in section 125(1)(b)(ii) of the Act before the commencement.

(2)Despite section 9, the disclosure date for section 125(2) of the Act is the seventh business day after the commencement.

(3)In this section—

current disclosure period means the disclosure period during which this section commences.

s 15 ins 2017 SL No. 127 s 6